Showing posts with label Amnesty International. Show all posts
Showing posts with label Amnesty International. Show all posts

Friday, March 29, 2013

Stance on Sri Lanka a Blunder


Kanwal Sibal, Dean, 
Centre for International Relations and Diplomacy

Our conduct at the United Nations Human Rights Council (UNHRC) at Geneva on the US sponsored resolution against Sri Lanka on human rights violations of the tamilian population has raised questions about the coherence, maturity and objectivity of our policy towards our neighbour. Our Sri Lanka policy has to be based on wider considerations than politicking within the UPA government and exaggerated posturing for electoral reasons by the DMK on the ethnic issue.

The anguish in Tamilnadu about the Rajapakse government’s failure to make tangible political progress on the ethnic issue should be recognized. The Sri Lankan government has not been able to shed the mood of truimphalism after the decisive military victory over the LTTE; it has gone back on its promises on devolution; an honest probe into alleged large scale human rights violations during the last days of military operations remains pending; the recommendations of the Lessons Learnt and Reconciliation Commission have not been implemented.

However, to allow this anguish to govern our policy towards Sri Lanka, to the exclusion of other factors, would be a serious mistake, especially when demagoguery is resorted to by sections of political opinion in Tamilnadu and the tamilian diaspora abroad. There is loose talk of genocide despite the cessation of miltary operations four years ago. Why is that between 2009 and now this genocide of tamilians was not discovered? Why castigate the deplorable political failure of the Rajapakse government as genocide?

Foreign Policy

No doubt foreign policy cannot be altogether divorced from domestic opinion and regional sentiments therefore cannot be ignored in foreign policy making. Foreign policy, however, operates in a context quite different from domestic politics, the stakes are different, the involvement and interests of third parties is a complicating factor, and national security and geo-political factors come into play. Besides, the weightage to give to regional sentiments as distinguished from national sentiment has salience in decision-making.

If our foreign policy towards Sri Lanka should be based on the sentiments of the people of Tamilnadu today, then sentiments in West Bengal should dictate our foreign policy towards Bangladesh tomorrow, and those in UP and Bihar should determine what we do with Nepal day after. It would be a mistake to begin treating our relations with our neighbours as extensions of the pulls and pressures of our domestic politics. Our neighbours are independent, sovereign countries, which requires that we control our domestic lobbies and prevent them from distorting our policies in our periphery. Moreover, when the states are today resisting strongly encroachment on their powers in a federal system, they should also respect the prerogative of the centre to make foreign policy.

Unlike ours, US stakes in Sri Lanka are limited. They do not need to calculate the consequences of the initiative they take to censure Sri Lanka at the UNHRC with as much care as we have to. They promote the human rights dimension of their foreign policy as part of the larger objective to universalize their values, to retain the high moral ground in international affairs and avert attention from the human costs of their military operations abroad. They do not take into account the stress they put on our policy towards Sri Lanka by moving resolutions in the UNHRC against it, forcing us to adopt a position that we would like to leave undefined so as to retain sufficient space to deal with the complex situation there.

Apart from this gap in managing our strategic relationship with the US in our neighbourhood, it is galling that we have to support the targeting of Sri Lanka by bodies like Human Rights Watch and Amnesty International which gave us a miserable time in the 1990’s over allegations of human rights violations by our forces in J&K, boosting the Pakistani campaign against us on this issue.

Past

Even the US State Department was complicit in this. We opposed the objectivity and credibility of these human rights organisations when we were targeted; now we endorse their findings to put Sri Lanka on the mat.

Our policy of not supporting country specific human rights resolutions at Geneva was sound, as these resolutions are used by the West to erode the international legitimacy of regimes considered adversarial. We have been criticized for not taking a clear cut position on human rights issues as behoves a democracy and a rising power called upon to assume greater responsibility for upholding the international order. Apart from a disinclination to play by double standards, we have favoured dialogue over denunciation in dealing with human rights abuses in countries. We abandoned this policy last year in voting against Sri Lanka and did so again this year.

Resolution

This time too we began by softening the US resolution where it was too intrusive and undercut Sri Lankan sovereignty too blatantly. However, because of extreme DMK pressure on the government our diplomatic strategy fell into an embarrassing disarray. In a last ditch effort to placate the DMK we sought a toughening of the US resolution after our previous efforts to soften it. Worse, the US rebuffed India because it did not want the balance of the resolution disturbed for fear of losing numbers in support. We put ourselves in a situation where the US appeared moderate and we unprincipled and opportunistic.

We do not have to condone Sri Lanka’s failure on reconciliation and accountability issues. But we should deal bilaterally with Sri Lanka, and forcefully at that to contain the mounting backlash in Tamilnadu. As a regional power we should not outsource such responsibility to others, as this erodes our position and exposes our irresolution, adding to our neighbourly woes. If we don’t use our power we will be seen as powerless.

Monday, March 25, 2013

Anti-Lanka vote was a bad idea


Kanwal Sibal, Dean, 
Centre for International Relations and Diplomacy

India has once again joined the US and other western countries to censure Sri Lanka at the United Nations Human Rights Council (UNHRC) in Geneva on the Tamil issue. This is objectionable on many counts.

For many years we have fought our own battles with the earlier incarnation of the UNHRC on the issue of human rights violations of the Kashmiris at the instance of Pakistan. Organisations like the Human Rights Watch and Amnesty International, the very same that are exposing Sri Lanka to ignominy at Geneva, targeted us relentlessly in the past as delinquents. The US played an encouraging role in this, with the State Department bruising us in its own rights annual reports. We should not have forgotten our own experience so quickly and made common cause with these countries and organisations so readily.

We have all along opposed using human rights as a political instrument to "name and shame" those countries considered adversaries and shield friendly countries with a deplorable rights record from denigration. We have favoured dealing with such sensitive issues bilaterally, with a dialogue oriented rather than a denunciatory approach. We have therefore voted against country-specific resolutions as a matter of principle — until last year when we voted against Sri Lanka.

Our stakes in Sri Lanka are far higher than those of the US. The latter's human rights activism in our neighbourhood is problematic, especially as it reduces our diplomatic room for manoeuvre and forces us to adopt positions that we may not consider opportune because, more than the US, we have a balance a whole host of complex factors and challenges. Such extra-regional initiatives only generate policy tensions for us. Our strategic partnership with the US requires that it defers to our priorities and interests in our neighbourhood, rather than force us into uncomfortable positioning. India should have an independent policy, at least in our neighbourhood, rather than be forced to follow the US lead.

This does not mean that we have to condone Sri Lanka's failure on reconciliation and accountability issues, implementation of the recommendations of the Lessons Learnt and Reconciliation Commission and conducting an independent and credible investigation into allegations of violations of international human rights law. But we should deal with these issues bilaterally with Sri Lanka, and as forcefully as required. We should not outsource such responsibility to others, acknowledging in the process the limitations of our clout with our neighbours. We will count even less with our neighbours if we do that.

If we have been buffetted by external pressure on our diplomacy at the UNHRC, our position there has suffered even more because of internal pressure from the DMK. Having voted in favour of an anti-Sri Lankan resolution last year, we couldn't have changed that position this year without progress by Sri Lanka on pending political and human rights issues. However, to balance an unfriendly blow to Sri Lanka in which we would be participating, we tried initially to soften the provisions of the US prompted resolution in order to make them less intrusive and more respectful of Sri Lankan sovereignty, consistent with our principled position on such matters. But as DMK pressure increased we seem to have stepped back from such efforts and asked the Sri Lankan Government to negotiate with the US directly.

When the DMK upped the ante by breaking away from the UPA, the panic-stricken government made a volte-face and sought to harden the very resolution against Sri Lanka that we had sought to soften to begin with. We made a last-ditch effort to propose amendments to that effect, which the US turned down for fear of narrowing the support for a tougher resolution. Ironically, this has made the US look moderate and India as baying for more Sri Lankan blood. India ended up looking opportunistic and unprincipled, a victim of its internal political wranglings, with a government in New Delhi not fully in control of foreign policy. The maturity and steadiness of our diplomacy gets questioned by such antics.

We should accept that India's foreign policy should reflect domestic sentiments. The importance of public opinion cannot be disregarded, but we have seen in the case of many democratic countries that foreign policy decisions get taken even when vocal sections of society are against because larger national interests dictate a particular course of action, however unpopular temporarily. Our foreign policy towards Sri Lanka cannot be dictated by local sentiment in Tamil Nadu, however legitimate in some respects the anguish of our Tamil population over happenings in Sri Lanka. We have to differentiate between domestic sentiment at large and strong regional sentiment, especially if it is hijacked by extremists talking loosely of genocide four years after military operations have ended.