Saturday, 9 February 2013


INTRODUCTORY CHAPTER
COMPREHENSIVE STUDY OF CONFLICT SITUATION IN MYANMAR
DR.GEETA MADHAVAN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                PhD (Intl Law)

The age of global trade systems and interconnectivity and the dependence of a nation on other nations for its growth and international stature  has underlined the fact that the impact of internal conflict of a country is no longer confined to its territorial limits. Conflicts situations have territorial and extra territorial consequences: immediate impact upon the neighbouring countries and indirect import upon the entire region in which the country geographically exists. The conflict situation in some nations have also influenced geo politics to the extent that  the world community has seen it necessary not only to be concerned and search for methods to counter or reduce the  conflict  situations and if  possible diffuse them; also should such need arise , with  international  consensus, censure the ruling establishment of the country. Although the South Asia region has several countries caught in the vortex of conflict, perhaps none faces more complex challenges than Myanmar .Undeniably, Myanmar is a nation fraught with multi layered conflicts which has resulted in instability, reflected not only within its own territory but the consequences of which have deep resonance in its neighbouring countries and the entire region of South Asia.
Consequences of the long lasting internal conflict in Myanmar were examined at a Seminar in Singapore conducted by the Centre for Security Analysis on 26 and 27 May, 2010. The papers presented and the discussions amongst the informed participants highlighted a range of consequences of the conflict which are not widely known. This volume includes the papers and the ensuing discussions for the use of scholars and policy makers. 
The conflict in Myanmar which is complex and multi layered has been variously seen as (a) a conflict between the Tatmadaw and the pro democracy forces, (b) a conflict between ethnic minorities and the ruling military junta of ethnic Burmese, (c) a conflict between the ceasefire groups and other ethnic armies. However, these divisions do not take into account the innumerable related issues that have made the conflict situation more complex and created deep distrust for the ruling establishment among its people. The internal conflict in Myanmar has its historical inception from the time the country freed itself from its colonial shackles. Each successive change in the ruling establishment has pushed it further and further into a deep chasm where ethnic rebels, insurgents and drug lords thrive and by their actions have drained it economically.
In recounting the gradual progression of the conflicts and their eventual crystallization in present form Dr Tin Maung Maung Than underlines two elements that have influenced the policies of the Tatmadaw (the Royal Force).  The Tatmadaw sees the military rulers as the sole guardian of Burmese interest and has identified the military’s  interest as the core national interest thereby justifying its existence and its policies. Therefore, the military response is seen as the legitimate and sole response to contain the internal threats of Myanmar and to deal with possible external ones. This is apparent not only in the state centric policies of the junta but also in the consequent expansion of the military forces, the acquisition of sophisticated weaponry and the constant modernization and reorganization of its defence capabilities. According to the paper, the newer challenges that the military junta may have to face are those that are the fallout of resource exploitation due to the partial opening up of the economy and the increasing demand for a role in policy making by the ethnic minorities. The elections conducted in Nov 2010 did not hold much hope in this context as it did not intend to address the core issues of ethnicity . In its dealing with the  internal conflicts and possible external threats the question arises  whether  the Tatmadaw  will pursue  the policy it has followed  for years and Dr. Than’s conclusion is that it will have to adopt a new paradigm in view of the fact that  its military prowess has not been able to crush the armed insurgent groups. He also holds the view that the elected civilianized executive will have to face the challenge of placating the military that has remained unchallenged so long.
  Consequences of the internal conflict situation in Myanmar extends beyond its borders. The internal conflicts and their transnational consequences form the crux of Kerstin Duell’s paper.  The paper explains that the conflict is not just amongst the various parties pitted against the military junta but also against each other. The conflict in Myanmar has also been identified as a conflict between democratic rights and governance as well as between ethnic rights and self determination. The conflicts are further complicated because of the deadlock that has formed between the ruling military junta and the various groups. The chronology of events leading to the current status clarifies that Myanmar has   three overwhelming problems which have internal and external consequences, and several serious issues that stem from those problems.  The three main problems are :  the prevalent ethnic disunity , economic underdevelopment and the production and distribution  of drugs and narcotics .The other issues that  are detrimental to the peace and growth in Myanmar are lack of governance in some areas , lack of human security, poor public health  and thriving illicit border trade in drugs and humans  leading to the  establishment of  private power lords .Taking into account the military rulers’ reluctance to bring a regime change, there only possibility of  easing  restrictions on Myanmar is  by constructive engagements through regional bodies like the ASEAN .   Sanctions against Myanmar, as apparent from similar situations in other parts of the world, only heaps suffering on the people of Myanmar and does not necessarily put pressure on the military rulers. Opening up the economy will permit countries of the region to access the rich natural resources of Myanmar which in turn would rejuvenate the slow economic growth. Besides, it is clear from the paper that the military rulers, due to their historical past , are always suspicious of foreigners and tend to be seclusive in their policies. They have also used the interest of the two powers in the region viz. China and India to counter balance the excessive influence of one or the other.
Discussion about the effects of the internal strife in Myanmar upon the neigbouring countries involves country-specific studies. Effects on countries that are discussed in detail are Thailand, Bangladesh, China and India.  The paper on the effects of conflicts in Myanmar on Bangladesh by Dr Iftekhar Ahmed Chowdhury records the official statement of the military government of Myanmar while according recognition to the newly formed state of Bangladesh in 1972 .The statement underscores the recognition as an outcome of the desire of the military junta of Myanmar to “live fraternally as neigbours” with Bangladesh and the establishment of a Border of Peace. The paper explains that the internal conflict in Myanmar has affected Bangladesh in several ways and offers possible ways by which the two countries can co operate to reduce the effects. The crackdown in 1978 led to the exodus of 250,000 Rohingya Muslims into Bangladesh which seriously affected the demography of the country and caused economic and social imbalances. The subsequent crackdown in 1991 further exacerbated the situation with increased influx of refugees. Although ongoing efforts are being made for resettlement, it is pointed out that 21,000 still remain in Bangladesh as stateless person. These stateless people are exposed to various radicalizing influences which have resulted in major security concerns for the                                                                                                                                                                                                                                                                                                                                                                                                                   region. The paper also proposes that Myanmar should consider resolving   the issues of the Rohingya Muslims with the help of the two major neighbours China and India playing a significant role in the resolution process; as well as the involvement of certain internationally recognized NGOs of Bangladesh who have successfully played a major role in the economic development of Bangladesh. Early implementation of the joint road building project of Myanmar and Bangladesh would also help economic growth in the Arakan region of Myanmar.
 Discussions of the effect of conflict in Myanmar in  the paper by Li Chenyang                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           is specific to the conflict between ceasefire groups and the military junta in the region of Northern Myanmar abutting China and its consequence upon the specific area . The activities of the ceasefire groups (and he specifies them as five groups) controlling 50,000 square kms but having influence over 100, 00 square kms and over a population of 1,750,000 range from drugs and gambling to pornography. Referring to the Kokang Event of 2009 wherein an estimated 30,000 Burmese refugees poured into China, serious threats have been posed to security and stability of southwest China. Besides, there lurks the potential of another armed conflict in Northern Myanmar which will have severe impact on the Chinese territory.  Illegal activities in the region has caused major security risk and created some strains in the Sino-Myanmar relations. The overall Sino Myanmar relations and their strategic cooperation tend to get                                                                                                                                                                                                                                                                                                                                      strained with each new wave of conflict.  There is also a negative impact of conflict on alternative cultivation and alternative enterprise which have been created to counter the drug problem. The other points of discussion in the paper are the impact of  the conflict on anti-drug co operation, the worsening drug situation due to illegal border trade and the loss to assets and                                                                                                                                                                           property due to the conflict situation in Myanmar .China’s current and future vital national  interest in Myanmar rests on two major requirements : energy security and building access into the Indian Ocean which have greatly influenced strategic co operation between Myanmar and China.
The paper on the trans border effects of internal conflicts in Myanmar on Northeast                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      India by K Yohme clearly enunciates the emerging concept that political boundaries should no longer  be seen as lines dividing land and people; instead ,  borderlands  should  be recognized as areas of connectivity. Political boundaries should be treated as gateways for economic and social exchanges for the benefit the regions lying on both sides of the border. . Myanmar and the Northeastern states of India viz Arunachal Pradesh, Nagaland, Manipur and Mizoram have direct borders and the effect of the conflict in Myanmar is widely felt within these states. However, the policy of the governments of Myanmar and India has been to view the effect in this region only from a security perspective and this has led to negative transnational consequences. The paper points out that the effects of the conflict, in reality,  go far beyond security concerns and   affect the economic and social ethos of the region.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
The border region between Myanmar and the Northeastern states are very porous and continuous cross border activities take place in the region. In the absence of a clear policy about the region, much of these activities are termed as “illegal” and has led to the alienation of the Northeast states of India and the border regions of Myanmar. The era of globalization and  the  progressive economic thinking by the governments of India and Myanmar has resulted in the launch of new policies to develop the region and support peace in the border areas. Both the governments have entered into cease fire agreement with the ethnic armed groups in the region with                                                                                                                                                   the aim to build social and economic infrastructure and encourage participation of the local people in the development of the region. The region is fraught with several problems : similar conditions existing on both sides of the border has created linkages among the armed groups in                                                                                                    the region and has reinforced the culture of violence and facilitated the creation of support and the establishment of sanctuaries .Illicit drugs and gun trade have led to the proliferation of insurgent groups in the Northeastern states of India. A parallel economy system has evolved in the region creating new and complex problems in the economic and social spheres. High incidence of drug use, the rise in numbers of those afflicted by H IV has caused serious concerns. However, prohibiting cross border movements for social and economic activities would be counterproductive , resulting in the growth of criminal and anti social activities. The recommendations in the paper are effective government monitoring to reduce the negative implications of cross border trade and proper identification methods along with proper monitoring mechanisms which would reduce illegal movements. Infrastructure development in the border areas in the Northeast states should be viewed as building strategic assets.
Thailand has historical and ethnic connections with Myanmar but the unsettled border region and the continuous conflict situation in Myanmar is a cause of deep worry for Thailand. Citing the creation of the Buffer Zone by Thailand, the paper by Pavin Chachavalpong discusses the negative impact of the buffer policy pursued by Thailand. The buffer zone along the border supported the anti Rangoon ethnic minorities challenging the military regime in Myanmar. The financial and logistic support extended by Thailand to the ethnic rebels worsened the situation. Over a period of time the buffer zone that was intended to ensure the security of Thailand’s border  transformed into an area that has created more problems than the existing ones that it was meant to counter. It has become an impediment in the way of fostering positive bilateral relationship between the two countries and created mutual distrust. . The Burmese refugees have also caused  demographic changes in Thailand leading to upheavals in the societal structure of Thailand. The perception of the local population vis a vis the Burmese refugees is that of preferential treatment being accorded to the refugees by the Government. The competition between the local population and the refugees for resources has also caused problems. The illegal immigrants have created an uncontrolled labour market; creating  other problems like cheap labour, bribery, increased number of sex workers  and a host of public health issues. Illegal arms trade, proliferation of small arms, and drug trafficking are other major causes of worry for the Thai authorities. The other issue that is important for Thailand is energy security; therefore, it is imperative for Thailand to maintain good relations with Myanmar. Thailand requires the natural gas imported from Myanmar through pipelines and the electricity from the hydro power the dams of Myanmar but their erratic policy towards Myanmar has resulted in mutual distrust.
India’s commitment to democracy and human rights for a long time fashioned its policies in the Myanmar context. As pointed out in the paper of B P  Routary, with the formulation of India’s Look East policy, a new approach has been developed by India towards the countries in the region and specifically towards Myanmar. It became apparent that a policy based entirely on a high moral ground and based on India’s own values of democracy to be made applicable to all, does not necessarily serve India’s national interest.  India required that it engage Myanmar in a comprehensive strategic dialogue which would deal with issues that were the common concerns of both countries. Cross border insurgency, arms smuggling and border management are vital to both. China’s greater role in building infrastructure in Myanmar and China's emergence as the fourth largest investor in Myanmar are causes for serious concern to India. Besides providing economic assistance to Myanmar, China has supplied the military junta with weapons and training. China’s apparent interest also extends to accessing energy and natural resources in Myanmar and it seeks through Myanmar to extend its strategic access to the Indian Ocean. Therefore, India has crafted a policy exhibiting greater patience in regime reform and not allowing the internal conflicts and human rights issues to influence its dialogue with the military junta.  There are other sectors viz. power, hydrocarbon and energy, in which India has national interest. The construction for road linking the North Eastern states   of India to Myanmar and India’s comprehensive package for the long neglected North Eastern states fulfills both its commitment to the North Eastern states of India as well as to Myanmar.
When conjoining the conflict in Myanmar with the elements of regional integration and discussing the responses, three broad questions have to be addressed: to what extent does Myanmar’s military mindset interfere with the concept, what investments can the countries in the region make to ensure peace in Myanmar and do such opportunities exist and if they do what are the challenges that they will have to overcome. Anna Louis Strachtan lays great emphasis on regional integration identifying Myanmar as having great potential to be a trading partner between neighbouring countries of the region. A greater responsibility is prescribed for the countries especially Thailand, Bangladesh, India and China by which they can play a positive albeit diverse roles in facilitating conflict resolution. The main factor that is seen as possibly achieving this goal is fostering economic prosperity in Myanmar. The countries in South and Southeast Asia need to pursue greater regional co operation not only as part of national interest but also as part of fulfilling the desire to maintain stability and security in the region. Economic integration in the form of physical connectivity through trade by countries of the region in their individual capacity as well as through the regional organizations would be a positive step in achieving the mentioned goal. ASEAN, SAARC, BIMSTEC, and a progressive ASEAN Economic Community have all been invested with the opportunity of increased engagement with Myanmar. The example of neighbouring countries investing in building infrastructure to promote                 stability and economic growth in Afghanistan exhibits how such enterprise can be successful. There have been setbacks in Afghanistan and specifically for India,  which has had to face destruction of property and death of its personnel engaged in infrastructure building from the elements opposed to bringing peace. Despite that, a proactive role in the movement to stability and peace through investment is a better option than political pressure in Myanmar . A change is desired in the isolationist attitude of the military junta and their mindset of being distrustful of any foreign influence which has resulted in the partial segregation of Myanmar in the region.
Echoing that   benefits will accrue by economic development in Myanmar through increased trade and foreign investment Larry Jagan envisages a movement that will create ethnic integration. Myanmar’s military junta places high emphasis on territorial integrity and therefore they see themselves as the single unifying force in the country. The protective isolationist ideology of the military junta has not benefited the country; therefore,  there should be sincere efforts to integrate the ethnic minorities groups into the political mainstream. Unfortunately, the election of Nov 2010 did not move towards this. The indicators that set out the military junta’s agenda for retaining control was apparent in the election process that has been formulated therefore, subsequent to  the election no real solution has emerged in Myanmar.  A federal structure which would include ethnic minorities has greater chance of ushering transition on the socio-political level. Permitting the ethnic minorities to retain their identity by allowing education to be carried out in their own language is also suggested. 
 Ramu Mannivanan underlines another aspect of the dialogue and reconciliation process. Referring to the Seven -Phase Roadmap, the paper draws attention to the first step of the fulfillment of such a plan which is the holding of free and fair elections. Questions do arise regarding the true commitment of the military junta  to this end  and whether elections would lead to the other steps that are mentioned viz. step-by-step implementation towards a democratic system, convening the Hluttaw (legislative body) and the drafting and adoption of a new constitution. The unwillingness of the military junta to prune its powers and  the Proposal for Reconciliation in Burma (2009) which seems to address the apprehension of the military junta regarding the transition to democracy rather than address the concerns of the ethnic minority groups are some primary concerns  Undoubtedly , rejection of the military’s junta’s right to rule will not solve the present conflict; creation of an environment for dialogue through protracted engagement could be the key to economic and social transformation in Myanmar.
Two events have recently transpired in Myanmar that is significant. First, the nationwide elections which were held in November 2010 , and the other the release of Ms Aung San Suu Kyi , the leader of the National league for Democracy held in house arrest since July 1989. The elections were held in tightly controlled conditions wherein political activity was denied to  certain  parties and individuals. However, the party formed by the military junta was provided with overwhelming facilities leading to total lack of credibility about the fairness of the election and subjecting it to sever criticism from several countries. Although the international community welcomed the release of Ms Aung San Suu Kyi, there is yet much speculation as to her future political role in Myanmar. Meanwhile, the ongoing   clashes between the armed dissidents and the military forces continue resulting in thousands of refugees fleeing from Myanmar to Thailand.
Internal conflict in Myanmar had resulted in wide ranging external consequences in several countries in the region. These consequences have themselves become driving forces in the continuation of the conflict as have been discussed in detail in  the papers of this volume. It is therefore , important that policy makers inside and outside Myanmar have a clear  insight of  the situation   and evolve a series of options in the areas of economic and  foreign policy which influence the social and human spheres.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            

Thursday, 21 July 2011

Secretary of State Clinton in Chennai: The Said and the Unsaid

The entirety of the address by Secretary of State Ms Hillary Clinton is available almost everywhere but for those of us who listened to her in the Anna Centenary Library auditorium on 20th July, the said as well as the unsaid are relevant. Foreign dignitaries have not found Chennai to be of apparent significance and so it was interesting to listen and note the speech made here en route to Indonesia and further.
The speech was divided into several sections each highlighting different aspects of the intention of the visit. Echoing President Obama’s “emerged India” stance in the address to the Indian Parliament, Ms Clinton claimed that Asia’s decisions will be shaped by India, as opening up of the Indian markets will play a major role in South East Asia, Central Asia and beyond. Deep and abiding bonds between India and USA were also referred to by Ms Clinton. So it was not a new revelation when she spoke of the gains to be got from co operation in trade ; and the advances made in co operation in counter terrorism and cyber terrorism, in securing maritime interests, deepening defence co operation , climate change and other spheres .
There was a reference in the speech that India should play a role in the democratic transition in the Middle East , but what was the specific democratic institution that needed help in its formation, and how would it fit into that society and when placed in juxtaposition with the aspirations of the people there, and what clear role India is expected to be play in the Middle East turmoil was all left unsaid .
The statement that USA would support India’s aspiration for a permanent seat in the UN Security Council came with caveats. First, Ms Clinton felt that India should play a major and defining role in Myanmar and engage with the junta and discuss issues of human rights .India also needed to reach out to the junta leaders and the military regime to engage with Aung San Su Kyi to usher in much needed reforms in that country . Secondly, India should use its good offices and should convince the leader’s in Iran about nuclear proliferation and their military nuclear program. Thirdly, India should offer all help needed to Nepal, Bangladesh and Maldives. In this context, several issues were left unsaid. The role that Pakistan plays in global proliferation and how the USA plans to contain that issue; the role of Pakistan in allowing terrorist forces to act against India from its territory and the continued role of certain Pakistani elements in it were not mentioned in this address specifically albeit they did come up in Delhi. When Ms Clinton spoke of a greater global role in which USA, China and India should join hands, the human rights violation issues were not even alluded to nor was there any mention of the flagrant violations in China of human rights or about the actions by the Chinese government against ethnic minorities seeking their basic rights. Neither was any mention made of the often obvious and the sometimes subtle methods used by China regarding its claims on Indian territory. After all, the USA establishment is well aware that trust and respect for the sovereign rights of a nation is the precursor to all co operation and India would need more assurances.
The Secretary of State referred to the pluralistic democratic system in India which allows people of all faith and economic levels to participate in the election process. Referring to Sri Lanka , and drawing applause for it, Ms Clinton stated that she wished to see in Sri Lanka the participation of all its citizens equally in the political and economic life of the country. However, there was no mention of the human rights violations that occurred during the final push of the internal war, evidence of which has now been placed in global view nor was there any censure for the policies of the Sri Lankan that clearly marginalizes a section of its own citizens.
Ms Clinton stated that USA is committed to the withdrawing of troops in Afghanistan by the deadline and that the troops may leave but that is not to be seen as disengaging, she stated rather emphatically that: “we will be there”. Bringing up the issue of reconciliation and seeking Indian support for the process, she went on to explain that reconciliation will be acceptable only if all violence by the Taliban is eschewed. Coming in the wake of the recent attacks by Taliban suicide bombers on the Intercontinental Hotel in Kabul on 29th June the night before the start of a conference about the gradual transition of civil and military from foreign forces to Afghans ; the killing of Ahmad Wali Karzai , the governor of province of Kandahar and the half brother of President Karzai, for which the Taliban took responsibility , as well as the killing of Jan Mohammed Khan , one of the key advisers to President Karzai ; one fails to see from where the confidence and belief that Taliban will give up violence is drawn. Reconciliation is obviously not working the way it should. .In fact, it seems to be the classic stance where there is a show of reconciliatory moves by an organization committed to violence , which is then used for recuperation and strengthening of itself. Ms Clinton’s speech seemed to be full of hope about the adoption of a constitution in Afghanistan which would not only ensure that minorities and women are given equal rights but also make them an integral part of the electoral system. However, all the positive attitude about the eventual US led stabilization process in Afghanistan is disrupted by the negative flow of events. The call for support from India for the reconciliation process was clear; but the fear that reconciliation will give Pakistan an advantage in Afganistan which may bedetrimental to Indian interest and the possible failure of the process which would spiral into unabated violence and its regional and consequent global impact was left unsaid.

Thursday, 24 February 2011

Unrest in the Middle East - Arresting The Malaise or Malady

Humanity is on the roll demanding for itself the rights which are built into its psyche and have been denied to it for long periods by despots , oligarchies , repressive monarchies and military regimes . The juggernaut on the move is crossing artificially created national boundaries and in its wake leaving many dead and the living more resolute to break free of the shackles of tyranny and control.
Those earlier sporadic protests that had intermittently heralded the reasons for change were firmly put down. They were seen as unconnected events caused by minor elements that would learn their lesson when faced by severity. The disconnect between the rulers and the ruled in these countries had grown so deep that the ruling establishment remained oblivious to the growing general discontent. Their reliance on the loyal and ruthless armed might of their nations may have been strengthened by the crackdown and the seeming success of the mowing tanks of Tiananmen Square in 1989. Ruthlessness and arbitrariness, they seem convinced, was the solution to every murmur of discontentment. Basic rights of their citizens to live without fear and with dignity and to choose their leaders was considered an anathema in these countries Therefore , Egypt, Tunisia, Yemen, Bahrain, Libya , Iran and even as this is being written , more nations are in upheaval. The Middle East is in the throes of battle between the ruling houses and those demanding more rights .Fear of life, so assiduously inculcated in the minds of the people of these nations, seems to have fled and is now replaced by assertiveness of the crowds for their rights.
Uncontrollable corruption, denial of legal and political rights viz. absence of free and fair elections, draconian state emergency laws and absence of freedom of speech as well as social causes like unemployment and spiraling food prices are cited as the reasons for the 2011 Egyptian Revolution. The rage caught spread swiftly from the youth and the articulators of human rights to the discontented populace. The apparent resilience of the thousands of Egyptian protestors in the face of the mighty power of the state and the inherent conviction of their cause is modern day triumph of the civil disobedience movement. The movement is bound to spread to more nations that have been pursued unpopular disputable policies. Undoubtedly the genesis of the movement sweeping the Middle East and nations with Muslim populace was in Egypt but to perceive the movement as a wave of Islamisation sweeping the world would be over simplifying the undercurrents.
Will the people who have demand more freedom and a right to better life, cast away those very freedoms in the name of religion and allow radical elements to fill the vacuum created by the fleeing establishment? It seems contrary to the purpose. It is not a malaise that they have sought to alleviate; it is a serious malady that they have vowed to debilitate. It is therefore, incumbent on the international community to view the events are they truly are and not coat them with the colours that suit their national policies and interest. The nations that have enshrined basic human rights in their constitutional framework and secured them for their own citizens have a global responsibility to condemn those regimes that have denied it for too long to their people.

Thursday, 4 November 2010

Changing Facets of the Definition of International Terrorism

Violence is an integral part of human society. The annals of violence are records of assault and destruction of human life and property sometimes authorized and for justifiable reasons; often for mindless causes and goals. Recognising the tendency of mankind to not only indulge in individual violence but also perpetrate violence against other social structure as in the case of wars, international law recognised the need to lay down the codes for the conduct of such activities by nations.
Hugo Grotius, who is recognised as the father of international law lived during the Eighty Years War between Spain and the Netherlands and the Thirty Years War between Catholic and Protestant European nations. Grotius was intensely affected by the conflicts and wrote
Fully convinced ...that there is a common law among nations, which is valid alike for war and in war, I have had many and weighty reasons for undertaking to write upon the subject. Throughout the Christian world I observed a lack of restraint in relation to war, such as even barbarous races should be ashamed of; I observed that men rush to arms for slight causes, or no cause at all, and that when arms have once been taken up there is no longer any respect for law, divine or human; it is as if, in accordance with a general decree, frenzy had openly been let loose for the committing of all crimes

Grotius published in 1625, three volumes De Jure Belli Ac Pacis Libri Tres (On the Law of War and Peace: Three Books) in which he set forth a system of principles of natural law which should be binding on all people and nations regardless of local customs . Book I contained his concepts of war and of natural justice, in which he set out that there are some circumstances in which war is justifiable. Book II identified three 'just causes' for war: self-defense, reparation of injury, and as punishment ; and his final Book III dealt with the rules which should govern the conduct of war once it has begun. Irrespective of whether their cause was just or not, Grotius argued that all parties to war are bound by such rules. The three books have had vast influence in the growth of international law concerning the conduct of nations in wars. However, it was not until much later that international community had to grapple with the concept of international terrorism and violence by non state actors who abhorred to abide by any rules, against persons beyond geographical limitations and causes that were not the direct concern of the victims and those.
The earliest indication of the acts of terrorism is from the Roman term terror cimbricus used to indicate panic and state of emergency during the raid by warriors in 105 B.C. The Jewish Sicarii used violence against their Roman masters in 70 A.D. and the Muslim Assassins used violence from the 8th to the 14th centuries yet terrorism did not evolve into a major concern for the world community until much later. In recent history the Russian, Nechayev who founded the Russian terrorist group People’s Retribution in 1869, used the term terrorist to describe him and invested the term with its modern connotation. During the early years of the growth of the phenomenon, most countries preferred to distinguish common criminal activities from terrorism and most acts that were identified as terrorism were revolutionary acts or acts of sedition.
The 19th century erupted into a period of intense terrorist activity. Most of these were conceived as revolutionary movements and they purported to address issues that concerned the local population and were often violent reactions to the regimes that were conceived as repressive. The imperialistic ambitions of the Western world and the avariciousness of these countries destroyed the economy, social and formal structures existing in the countries which they governed and led to the rise of several resistance movements. It was during such times that the adage one man’s terrorist, another man’s freedom fighter gained popularity. Initially, the attacks by such groups variously identified as revolutionaries, anarchists or resistance groups targeted the persons who were symbols of the repressive regimes they sought to destroy, replace or overthrow.
In 1894 an Italian anarchist assassinated French President Sadi Carnot. In 1897, anarchists fatally stabbed Empress Elizabeth of Austria and also killed Antonio Canovas the Spanish Prime Minister. In 1900, Umbreto I, the Italian king was the victim of another anarchist attack and in 1901 an American anarchist killed William McKinley, President of United States. Anti colonial movements gained momentum during the 19th century in the Asian and African countries and the freedom fighting movements were called terrorists by the ruling colonial powers and their governments. In the West, inspired by the writings of several reformist thinkers the ideas of equality and basic civil rights for all human beings, several organisations driven by leftist ideologies emerged. They saw themselves as champions of the underprivileged and the suppressed people. The Red Brigade in Italy, the Red Army faction and later the Baader Meinhoff in Germany , the Japanese Red Army, the Action Directe in France, all espoused violence as the only means to obtain their goal. Most of the members of these early leftist organisations that operated in the West were university students and youth dissatisfied with the political systems they lived under and when the leaders of the movements were killed or arrested the movements, too, died. By the 1970s the intellectual and heroic images that were superimposed on these movements finally dissipated.
Several other groups were founded on the concept of self determination for a group of people they considered to be deprived of their homeland and their right to exist as free people viz. the PLO in Palestine, the ETA in Spain, the IRA in UK, the Khalistan Movement in India and the LTTE in Sri Lanka are well known. The shared aims of these groups was political change and relocation of power ; however, with changing political scenes few of them lost their relevance and some of them disappeared when the countries they operated in chose to ruthlessly wipe them out. The organisations that fought for free homeland continued to do so as the countries from which they sought to secede did not accept their demands. Besides, the fundamental issues of their rights were not addressed by the regimes and the organisations often re invented themselves as newer organisations which were more ruthless than the previous ones.
The definitions of terrorism during the early years of international terrorism varied in each country; yet, the distinctive element present in each definition was that terrorism included all acts of violence or threatened violence that sought to sow panic in society with the intention of weakening or even overthrowing the incumbents and to bring about political change. However, it was not clear as to who could be designated a terrorist and who could be lauded as a true hero of a cause and this led to countries often supporting violent and armed organisations in another’s territory.
An early definition was by H.Arendt was that terrorism was
……… a form of exercising power by systematically provoking fear and alarm
Although the definition used the terms fear and alarm to describe the dread generated by acts of terrorism, it is clear that several facets of terrorism were not enunciated by the definition. This lacuna became more apparent when such a definition proved insufficient for the increased violence and the new forms of violence that technological sophistication spawned in the later years.
The historian Walter Laqueur observed
There is no such thing as pure, unalloyed, unchanging terrorism…. there are many forms of terrorism He further stated that although these many forms defy categorization it was possible to develop a working concept embracing common characteristics which would be acceptable to most nation.
William Casey states :
In confronting international l terrorism, the first step is to call things by their proper names, to see clearly and plainly who the terrorists are, what goals they seek, and which governments support them
With the increase of terrorist activity and the tendency of the terrorist organisations to employ more violent and ruthless methods there grew a need to expand the definition of terrorism. Therefore , one observes that the simplistic definitions of the early observers of the phenomenon of terrorism was replaced by definitions that sought not only to clarify what constituted a terrorists activity but also to expand the ambit if the definition to include several activities and accommodate the innovations that these actors of violence subscribed to.
Therefore, the US Department of Defense used this initial definition for terrorism
the unlawful use or threatened use of force or violence by a revolutionary organisation against individuals or property with the intention of coercing or intimidating governments or societies, often for political or ideological purposes ….
But it was expanded by the definition of the US Federal Bureau of Investigation as
the unlawful use of force or violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.
The State Department of the US defines terrorism as an premeditated act and added the term non combatants to mark the differentiation further
Premeditated politically motivated violence, perpetrated against non combatant targets by sub national groups or clandestine state agents, usually intended to influence the audience
The noticeable variation is the insertion of the element of state supported terrorism. Several countries funded and aided terrorist organisations in their activities with the intention of creating instability in nations hostile to them. Terrorist organisations thus became tools of proxy war between states , some states offering logistic support , training and provoding safe havens for the terrorists
In his book Preventing Nuclear Terrorism Yonah Alexander provides a more lengthy and comprehensive definition of terrorism as he seeks to include as many elements as he could into one single definition

Terrorism is the deliberate employment of violence or the threat of the use of violence by sub national groups and sovereign governments to attain strategic and political objectives. Terrorists seek to create overwhelming fear in a target population larger than the civilian or military victims attacked or threatened. Acts of individual and collective terrorism committed in modern times have introduced a new brand of extra legal “warfare” in terms of threats, technology, targets and impact
The international community quickly realised it would have to deal with international terrorism with three tools: international co operation, police forces and domestic legal systems. The assassination of King Alexander of Yugoslavia and Barthou led to France’s initiative with the League of Nations for the setting up of an international
criminal court to try those committing international crimes and for a convention aimed at a global anti-terrorist action. The committee of League of Nations drew up the Convention for the Prevention of Terrorism but only 24 nations ratified it.
Article 1 of the Convention defined terrorism as “criminal acts directed against a State intended or calculated to create a state of terror in the minds of particular persons, or a group of persons or the general public”.
Article 2 enumerated the acts among which were death, grievous harm or loss of liberty to Heads of States, their spouses, and persons holding public offices or positions; wilful destruction or damage to public property belonging to the State; wilful act calculated to endanger the lives of the public and the manufacture, possession, or supply of arms, ammunitions, explosives with a view to commit such acts or any attempt to commit these acts. This Convention never came into effect because of the outbreak of World War II and the dissolution of the League of Nations. Although in 1976, the United Nations desired to draw a comprehensive convention to deal with international terrorism division and differences among nations with the definition of terrorism and the scope of the convention forced it to be satisfied with several conventions that tackled the different aspects of terrorism such as hijacking, hostage-taking, kidnapping of internationally protected persons such as diplomats etc. In response to the increase in terrorist activities , the international community responded by various conventions which underlined the fact that most of the nations were not only victims of international terrorism but were willing to co operate with each other to stymie the scourge that was sweeping across the globe. These conventions were instruments of understanding that emphasised the need for nations to come together so that terrorist activity could be curtailed.
The various Conventions that came into force contain definitions of what are envisaged under those conventions as acts of terrorism. The conventions are the concerted acts of the international community after every major act of terrorism and therefore contain in their clauses as what is under that particular convention are designated as an act of terrorism.
1. 1963 Convention on Offences and Certain Other Acts Committed On Board Aircraft (Aircraft Convention) - This Convention also known as the Tokyo Convention applies to acts affecting in-flight safety.
2. 1970 Convention for the Suppression of Unlawful Seizure of Aircraft (Unlawful Seizure) Convention- This Convention also known as the Hague Convention requires parties to the convention to make hijackings punishable by severe penalties and requires parties that have custody of offenders to either extradite the offender or submit the case for prosecution
3. 1971 Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (Civil Aviation Convention) – This Convention also known as the Montreal Convention requires parties to the convention to make offences punishable by severe penalties and requires parties that have custody of offenders to either extradite the offender or submit the case for prosecution.
4. 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons (Diplomatic Agents Convention) – This
Convention defines an "internationally protected person" as a Head of State, Minister for Foreign Affairs, representative or official of a State or international organization who is entitled to special protection in a foreign State and requires parties to the convention to criminalize and make punishable intentional murder, kidnapping or other attacks upon the person or liberty of an internationally protected person or upon the official premises, private accommodations, or transport of such person.
5. 1979 International Convention against the Taking of Hostages (Hostages Convention) This Convention provides that any person who seizes or detains and threatens to kill, or to injure persons in order to compel a third party, namely, a State, an international intergovernmental organization or a group of persons, to do or abstain from doing any act as an explicit or implicit condition for the release of the hostage commits the offence of taking of hostage
6. 1980 Convention on the Physical Protection of Nuclear Material (Nuclear Materials Convention) -This Convention also known as the Vienna Convention criminalizes the unlawful possession, use, transfer or theft of nuclear material and threats to use nuclear material to cause death, serious injury or substantial property damage.
Amendments to the Convention on the Physical Protection of Nuclear Material make it legally binding for Parties to protect nuclear facilities and material in peaceful domestic use and for expanded cooperation between States regarding rapid
measures to locate and recover stolen or smuggled nuclear material and mitigate any radiological consequences or sabotage.
7. 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (Maritime Convention) This Convention establishes a legal regime applicable to acts against international maritime navigation that is similar to the regimes established for international aviation; and makes it an offence to seize or exercise control over a ship by force, threat, or intimidation or to perform any act which is likely to endanger the safety of ships.
A 1988 Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (Extends and supplements the Montreal Convention on Air Safety) (Airport Protocol) extends the provisions of the Montreal Convention (see No. 3 above) to encompass terrorist acts at airports serving international civil aviation.
8. 1988 Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf (Fixed Platform Protocol) – This Convention establishes a legal regime applicable to acts against fixed platforms on the continental shelf that is similar to the regimes established against international aviation.
9. 1991 Convention on the Marking of Plastic Explosives for the Purpose of Detection (Plastic Explosives Convention) – This Convention also known as the Montreal Convention was designed to control and limit the use of unmarked and
undetectable plastic explosives. It was negotiated in the aftermath of the 1988 Pan Am flight 103 bombing. Parties to the convention were to take necessary and effective measures to prohibit and prevent the manufacture of unmarked plastic explosives; control the movement of unmarked plastic explosives into or out of its territory and exercise strict and effective control over possession and transfer of unmarked explosives.
10. 1997 International Convention for the Suppression of Terrorist Bombings (Terrorist Bombing Convention) – This Convention creates a regime of universal jurisdiction over the unlawful and intentional use of explosives and other lethal devices in, into, or against various defined public places with intent to kill or cause serious bodily injury, or with intent to cause extensive destruction of the public place.
11. 1999 International Convention for the Suppression of the Financing of Terrorism (Terrorist Financing Convention) –This Convention requires parties to take steps to prevent and counteract the financing of terrorists, whether direct or indirect, through groups claiming to have charitable, social or cultural goals and provides for the identification, freezing and seizure of funds allocated for terrorist activities. It is important to note that Bank secrecy is no longer adequate justification for refusing to cooperate.
12. 2005 International Convention for the Suppression of Acts of Nuclear Terrorism (Nuclear Terrorism Convention) – This Convention covers a broad range of acts and possible targets, including nuclear power plants and nuclear reactors and States should cooperate in preventing terrorist attacks by sharing information and assisting each other in connection with criminal investigations and extradition proceedings. This Convention came into force on July 2007 after the ratification by Bangladesh, the 22nd state to do so.
A 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation - criminalizes the use of a ship as a device to further an act of terrorism and criminalizes the transport on board a ship persons or various materials knowing that they are intended to be used to further an act of terrorism and introduces procedures for governing the boarding of a ship believed to have committed an offence under the Convention.

In the contemporary context there is a bewildering multiplicity of terrorist and potentially terrorist group and sects. In the early 1900s the terrorists as mentioned earlier were nationalists, anarchists and extremists with right or left leanings. A new age of terrorism was ushered in bringing with it new inspiration for the users of violence .Terrorists’ motivations, their strategy and weapons underwent changes. The anarchists and the left-wing groups like the Red Army and their counterparts that operated in Germany, Italy and Japan in the 1970s vanished; international and domestic terrorist can no longer be identified as left or right as it is replaced by the ethnic separatist. The terrorists with ethnic separatist goals have developed power
from public supporters and are more powerful than the ideologically motivated groups that had existed earlier. They claim to be the guardians of the aspirations of those people for whose freedom they are fighting e.g. the Muslim Brotherhood, the Palestinian Hamas, The Irish Republican Army(IRA) ,the Kurdish extremists in Turkey and Iraq, the Tamil Tigers (LTTE) of Sri Lanka , the Basque Homeland and Liberty (ETA) movement in Spain.
With the emergence of ethnic separatist groups another significant ethos has developed .All these groups have political as well as terrorist wings from their inception. The political arm provides social services and education, runs legitimate business and even contests elections; the “military wing” on the other hand, is engaged in extortion, kidnappings, bombings and assassinations. The division of labour of the wings was done to enable the political leadership to publicly disassociate themselves when the violent terrorist activity is carried out by its military wing. This also enables the political wing to condemn the particularly outrageous acts that do not have public support and distance itself when something goes terribly wrong by claiming lack of control. Sometimes the armed wings do indeed become more independent and the men and women with guns and bombs often lose sight of the movement’s wider aim.
In the process of evolution of terrorism another important transformation has taken place: the terrorist organisations have moved up the scale of damage to ensure more deaths and horror: indiscriminate bombings in public places have greater impact than kidnapping or killing prominent individuals. The bombs in malls, markets, trains and subways which result in the death of innocent civilians evoke more reactions than the assassination of prominent men and women. Besides the developments in information dissemination has ensured them of greater media coverage. The ruthlessness of the terrorist organisations has grown in proportion to the media exposure their activities have received. The heightened activity raised alarm in the international community and the need to come together to deal with the menace was strongly felt by the members of the international community.
Following the horrific attack on the World Trade Centre, New York on Sept 11, 2001 the United States hitherto immune to international terrorism altered its approach and worked with greater impetus to achieve global consensus to counter terrorism. The United States after the 9/11 attacks , passed the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Public Law Pub.L. 107-56) known as the Patriot Act and a host of other legislations and executive orders to deal with terrorism. Title VIII of the Patriot Act altered the definitions of terrorism, and re-defined the rules with which to deal with terrorism. The term "domestic terrorism” included mass destruction along with assassinations or kidnappings as terrorist activity. The definition also included activities that are "dangerous to human life that are a violation of the criminal laws of the United States or of any State" and acts that were intended to "intimidate or coerce a civilian population," "influence the policy of a government by intimidation or coercion," or undertaken "to affect the conduct of a government by mass destruction, assassination, or kidnapping”. Racketeering and cyber-terrorism were also redefined in the Act. The law enforcement agencies were given more powers under the Act to search telephone, e-mail communications, medical, financial, and other records. Section 505 of the Patriot Act expanded the use of the National Security Letter ( an administrative subpoena) allowing it to be used in scrutiny of US residents, visitors, or US citizens who are not suspects in any criminal investigation. It also granted the privilege to other federal agencies, presumably to allow the department of Homeland Security the same ability to use NSLs.
The United States Department of Homeland Security was set up to co ordinate anti terrorism activities.The US also initiated several multi lateral initiatives like the Container Security Initiative (CSI) in 2002 to use intelligence to identify and target containers that may contain materials that pose the risk of terrorism and the Proliferation Security Initiative (PSI) in 2003 to prevent the transfer of banned weapons and weapons technology. The PSI is primarily focused on combating proliferation of nuclear, chemical, and biological weapons and materials and to curb the movement of arms and other forms of weapons to terrorist organisations.
In the UK, The Anti-terrorism, Crime and Security Act 2001 was formally introduced into the Parliament in November 2001 two months after the September 11, 2001 attacks in America. It received royal assent and went into force in December 2001. The Terrorism Act 2006 was drafted in the aftermath of the 7th July 2005 London bombings and created new offences related to terrorism, and amended existing ones. In India, The Terrorist and Disruptive Activities (Prevention) Act, commonly known as TADA, was an Indian law active between 1985 and 1995 (modified in 1987) for the
prevention of terrorist activities in Punjab. It was renewed in 1989, 1991 and 1993 before being allowed to lapse in 1995 due to increasing unpopularity due to widespread allegations of abuse.
The Act defines terrorism as:
"Whoever with intent to overawe the Government as by law established or to strike terror in the people or any section of the people or to alienate any section of the people or to adversely affect the harmony amongst different sections of the people does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether biological or otherwise) of a hazardous nature in such a manner as to cause, or as is likely to cause, death of, or injuries to, any person or persons or loss of, or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community, or detains any person and threatens to kill or injure such person in order to compel the Government or any other person to do or abstain from doing any act, commits a terrorist act."
The Prevention of Terrorist Activities Act (POTA) was enacted by the Parliament of India in 2002 replacing the Prevention of Terrorism Ordinance (POTO) of 2001 and the Terrorist and Disruptive Activities (Prevention) Act (1985-95. The Act was later repealed in 2004. The Act provided the legal framework to strengthen administrative rights to fight terrorism within the country of India and was to be applied against any persons and acts covered by the provisions within the act. It was not meant as a substitute for action under ordinary criminal laws. The Act also defined what is a terrorist act and who is a terrorist.
The dilemma in democratic nations upholding civil liberties regarding an act of terrorism within such a state is caused by the predicament whether to maintain its civil liberties and thus risk being perceived as ineffective in dealing with the problem or to restrict its civil liberties and thus undermine the fundamental freedoms of its citizens. In some way this could also fulfill the aim of the terrorists by confirming their allegations regarding the legitimacy of the state activities.
In his book "Inside Terrorism" Bruce Hoffman wrote in the first chapter about defining terrorism
"On one point, at least, everyone agrees: terrorism is a pejorative term. It is a word with intrinsically negative connotations that is generally applied to one's enemies and opponents, or to those with whom one disagrees and would otherwise prefer to ignore. 'What is called terrorism,'
Brian Jenkins has written, `'thus seems to depend on one's point of view. Use of the term implies a moral judgment; and if one party can successfully attach the label terrorist to its opponent, then it has indirectly persuaded others to adopt its moral viewpoint.' Hence the decision to call someone or label some organization `terrorist' becomes almost unavoidably subjective, depending largely on whether one sympathizes with or opposes the person/group/cause concerned. If one identifies with the victim of the violence, for example, then the act is terrorism. If, however, one identifies with the perpetrator, the violent act is regarded in a more sympathetic, if not positive (or, at the worst, an ambivalent) light; and it is not terrorism


It is apparent therefore, the more one clarifies and expands the definition of terrorism the more one gets into the quagmire but it needs to be stressed that although it is indeed difficult to find a comprehensive and all encompassing definition for terrorism the working definitions that have been adopted by the states within their domestic legislations and the international community in the various conventions and multi lateral agreements and initiatives are indeed sufficient to identify and deal with the ugly phenomenon.

Tuesday, 19 May 2009

Sri Lanka – The Final Path to Peace

There may be euphoria in some quarters, relief in some others and disbelief elsewhere but the news of the actual and physical elimination of the leader of the LTTE Velupillai Prabhakaran and of his elite core in the final thrust by the Sri Lankan Army is the foreseen outcome of the determined and relentless military campaign launched by the Sri Lankan government since 2006. The LTTE international relations head K. Pathmanathan on May 18, 2009 made an admission of their defeat in his interview by stating “We have decided to silence our guns. Our only regrets are for the lives lost and that we could not hold out for longer.” The admission to silence guns and lay down arms to save civilian lives was ironical in the face of the fact that they had contributed to the deaths of thousands of innocent Tamils who had earlier resided and later were fleeing from the territory held by them. The truth is that the LTTE as a force has been vanquished for the present; it is now incumbent upon the Sri Lankan government to delve into the issue of the future of the Tamils in Sri Lanka and devise the progress to permanent peace.
The first step would be Restoration of Trust : for a long period the Sri Lankan Tamils have suffered under the short sighted policies of the successive Sri Lankan regimes that had by their ill considered and imprudent policies alienated the Tamil community. The subsequent events did not alleviate their fears of annihilation and allowed them to believe in the organisations who promised them reprieve. The LTTE emerged as a single powerful force and with its armed fighters , suicide squads, naval and air wings and its capacity to strike at the Sri Lankan forces with impunity; it succeeded in wooing the Tamils and convincing them of its infallibility. It postured itself as their true protector of Tamils against the atrocities of the Sri Lankan establishment. With the fall of this powerful force to protect them and with the fear instilled in them through constant indoctrination that without the LTTE to protect them the Sri Lankan government would revert to indiscriminate killing and carnage , it is not difficult to understand the fear that must be gripping them now. This would be the most opportune moment for the Sri Lankan President Rajapakse to display his sincerity and to honour his commitment to the Tamils in Sri Lanka and step in as their protector and safeguard their interests. The international community and the Indian government while respecting the actions of Sri Lanka as a sovereign nation to fight the scourge of terrorism , has often reiterated that political solution is imperative.Therfore, it is necessary for President Rajapakse, by his actions , to instil in the minds of the Tamils an assurance that their interests will be honoured and declarations and pledges made by him were not mere rhetoric.
The second step would be Restitution: The hostilities that have spanned more than two decades have sapped the society of all its strength. The sustained and relentless military campaign against the LTTE has plunged the civilian population into the throes of agony and wretchedness. They have lost their families, belongings, livelihood and have suffered physical and mental trauma. The survivors may be without fear of being shelled or shot but they are also without sufficient food, medical aid and dwelling. The army of any country is a force that is trained for a specific purpose and has a contrary role to play; it is an established fact that armed forces are not very adept in the humanitarian role, as their very presence gives rise to fears and resentment in civilians caused by memories of their campaigns. It is therefore, time for the organisations that deal with such emergencies to mobilise relief ; and with proper supervision to ensure the distribution of amenities to the civilian population who have been the victims of the war .International organisations capable of dealing with such emergencies should be allowed into the areas. For a long time the Sri Lankan government has resisted the entry of humanitarian agencies citing security reasons. However, to allay the misery of those who have fled with the hope for better conditions it is necessary to restore their basic human rights .The Sri Lankan government must show its willingness to allow India and the international community to assist in this operation.
The third step is Relocation: The war torn areas cannot sustain life. All the basic structures have been demolished in the incessant shelling. With no hope of immediate return to their homes, the persons who have fled must be moved from the camps where they now eke out an existence and should be allowed to join the mainstream of life as expeditiously as possible. After the initial aid offered to them in form of food and medicines as being their immediate requirements, it is necessary to transfer them to places where they can carry out routine and normal activities for some time. Education and vocation would divert them from the horrors of war by setting a routine. Living in camps for interminable periods has been seen to be counterproductive to peace. Relocation is important and should of the policy to restore them to their homes eventually.
The fourth step is Reconstruction: India as a major regional power has to play a dominant role in the reconstruction of the war ravaged region. It is now common knowledge that the entire northern area has been destroyed and is devoid of the basic infrastructure required to support life. All means of livelihood. have disintegrated and rapid reconstruction is required to restore the region. Schools and hospitals have to be built ; housing, electricity, water systems and communications have to restored , roads and other transport systems have to be laid again. Sri Lanka has expressed its preference for regional assistance balking at the offer of certain other agencies. Therefore, it is essential that India, with whom Sri Lanka has geographical proximity and shares good diplomatic and trade relationship, should accept the greater responsibility.
The final step is Devolution and Development: both concurrent. To reverse the trend and assuage the Tamils in Sri Lanka, President Rajapakse has to carry forward into action the messages that he has articulated. There should be directives from him that ensure that the devolution of power takes place in fact. Although development of the region will lead to economic growth and create a system of life that will ensure the dignity of life of the individual without the power to choose those who will lead and govern , there will be discontentment. History may be rewritten in Sri Lanka but it is more important to rewrite the conditions under which society will function.
The LTTE as an organisation may have met its end but the reasons that created the conditions in which it was born have to be permanently removed. If the core issues are not addressed with sincerity the actors may die but the cause celebre will remain. Sincerity in translating words into actions is the sine qua non of the goal of peace in Sir Lanka.