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Adivasis revolutionary fighters

Adivasis revolutionary fighters

What is the biggest threat to India’s security? You could think of further terrorist operations orchestrated by their arch-enemy Pakistan, the so called containment strategy of China with the String of Pearls, but no, you would be wrong. Surely the Indian armed forces and the RAW, the secret service are taking into account these issues as future menaces. But the current, biggest threat to internal security is the Maoist guerilla of the Naxalites, which count amongst its file indigenous warriors armed with bows and arrows. Members of the Adivasis, the indigenous ethnicity of India, more than 80 millions, are fighting back against the oppression by the central government and joined the Maoist militia in several states. The some of the Adivasis are tired of being discriminated and most of all expropriated of their land rights.

Adivasis's rally

Adivasis’s rally

And New Delhi, the biggest democracy of the world, the strong ally of the good Western government amongst the dodgy, authoritarian Asian states, responded with a responsible, measured, contained military operations, called Green Hunt. In collaboration with the regular forces there are also paramilitary troupes, funded by private stakeholders. These are the best practices exported by the USA during the Afghanistan and Iraq wars and we should admire the consistency of India in aligning itself with the best Western policies.

Adivasis' protest against Vedanta

Adivasis’ protest against Vedanta

You may ask why the Indian government is so upset with indigenous populations, who lived for millennia in their forest, with unchanged habits and astonishingly sustainable behaviour, why they are fighting these groups rather than picking them up as global models? Easy to answer, it is the case that they live where there are enormous reserve of metals and minerals. And given the needs of the growing Indian economy and the worldwide prices, many companies are salivating at the idea of grabbing those mines. In particular the giant Vedanta secured vast concessions. And they want to exploit them, so they supported this massive campaign to evict the Adivasis from their property.

Sri Lanka Defence minister Gotabaya Rajapaksa, with alleged blood stains on his shirt.

Sri Lanka Defence minister Gotabaya Rajapaksa, with alleged blood stains on his shirt.

A generous offer of consulting about the matters arrived from Sri Lanka. Gotabaya Rajapaksa, brother of the president Mahinda and plenipotentiary minister of Defence, not to mention acclaimed leader of the army and potential war criminal for the massacres of 2009, offered his help1.

Mr Rajapaksa exposed his rationale: we have matured an extensive experience in counter-insurgency and we learned how to deal with fighters mingled with civilians. You have only to control the media and position yourself wisely in the international scenario, then you can do whatever you want. Seriously, you can slaughter hundreds of thousands (yes, around 3 times the victims in Sirya) of civilians and nobody will mind your business.

If you think that I’m exaggerating, many Indian commentators thoroughly studied the Rajapaksas’ strategy and compiled a brief guideline that is precisely mentioning control over the media, international relations and steel determination to achieve the goal, regardless of civilian casualties2.

Gen. Bikram-Singh visits Sri Lanka President Mahinda Rajapaksa.

Gen. Bikram-Singh visits Sri Lanka President Mahinda Rajapaksa.

Finally Rajapaksa can offer an already integrated plan of action: Sri Lankan and Indian forces not only conducted joint operations in the past. During the IV Eelam war, military officer from the Indian forces were actually on the field, monitoring, observing, advising and cooperating with the Sri Lanka’s Army. New Delhi is perfectly aware of what happened in 2009 and the fate of the so called “brethren” Tamil. Tamil Nadu politics is based on the support to the Tamils on the other side of the Strait. At least this is the main characteristic of one of the most important politician, Mr Karunanidhi, who was Chief Minister of Tamil Nadu during the final days of the war and who didn’t move a finger to safe his beloved bretheren because was involved in a massive scandal of corruption.

In a matter of days, India answered, that, yes, they are quite interested in the Sri Lankan offer to train them on counter-insurgency. Quoting Gen. Singh: “With significant experience on both sides, we have a lot to learn each other and we look forward to reinforcing our cooperation in the military domain further”3.

Sri Lanka granted exploration right to Cairn back in 2008

Sri Lanka granted exploration right to Cairn back in 2008

A final note: in the Mannar Basin, offshore from the coast controlled by the LTTE and scenario of the massive, brutal counter-offensive of the Sri Lankan army, in which almost 440 000 civilians have been chased like wild animals for months, it has been found oil.

And guess who is taking control of those oil field? You’ll never get it. It’s Vedanta again!

So Vedanta is conducting paramilitary operations in India to evict Adivasis, and then it turned to Sri Lanka to expropriate the Tamils because of the oil, using the ruthless Rajapaksa regime as (happy) executioner of the dirty job. If it was a Hollywood movie, you had say that the figure of the evil company exploiting natural resources and killing poor indigenous would have been too clichè to be true. As usual reality is more surprising than fiction, much more.

290 000 Tamil civilians come out from the last siege of the Sri Lankan army.

290 000 Tamil civilians come out from the last siege of the Sri Lankan army.

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“Nemo tenetur se ipsum accusare”

There is a juridical principle that is described by the Latin form: “nemo se tenetur detergere (/se ipsum accusare”. The English equivalent is the right to silence. It is a norm dealing with the statements of a person under accusation: nobody expects that you surrender yourself. On the contrary it is always quite suspicious when someone gives himself to the police. You have two cases of self accusation: authentic confessions and mythomania. The latter is when you are seeking attention, inventing your culpability. Only the former is a true, self accusation. It happens when someone did commit a crime, but was under strong psychological stress and after realizing what happened, he regains full control of himself and assesses correctly his position as guilty. On all the other cases, you expect that someone tends to save himself. No judge is really looking for a confession: that’s why even torture was banned. The perpetrator of a crime is not a reliable source, hence you need to build around a system of evidence that will prove his culpability, without his direct admission.

18th Century English Judge Overwhelmed by Criminal Defendants

The English form states the condition of silence: if you are asked directly, you can stay mute, to prevent a formal self-accusation. But I’m intrigued by the Latin expression. “Detergere” means to clean. Therefore the expression has a broader application. The English form implicitly recognizes that the right to stay silent; but if he speaks, he should tell the truth.

The Latin one, instead, alludes to the fact that the accused is not a (complete) reliable source in anything that he says. Because it is a even too natural temptation to save yourself. Even subconsciously! The facts you decide to mention, in opposition to what you ignore, the words you use, the connection you’ll make, everything could be part of a strategy where you are in conflict of interest to reach the truth. You don’t to unmask the facts, you don’t want the clean, real version. You prefer facts as they benefit you. You can expect the accused one to bring the truth, the clean version of what happened.

Mullivaikal Massacre, 2009 Sri Lanka

Now, in Sri Lanka more than 40 000 people have been brutally massacred outside any possible legal framework. In the United Nations, in the USA, in the Europe, everybody recognizes that those people have been killed outside the justification of a war, because they were civilians. There is a responsibility attached to those deaths. In other words we have a crime.

If we have a crime, then someone is responsible for that. It’s not politics, it’s not diplomacy, it’s not Tamil nationalism: it’s logic!

It is pretty clear that the chain of command during the events of the IV Eelam War, must be seen as it follows: the military chief was general Fonseka, his immediate boss was Gotabaya Rajapaksa and ultimately he was responding to the presindent himself, Mahinda Rajapaksa. Either the chain of command has been respected or it was mutiny. The brothers Rajapaksa never complained, so they explicitly endorsed the operations of Fonseka. My conclusion is that the chain of command goes directly to president Rajapaksa. I’m not controversial: everybody thinks the same, the US ambassador, just to mention one. Quoting The Guardian, WikiLeaks cables: ‘Sri Lankan president responsible for massacre of Tamils’, 1st December 2010:

President Rajapaksa and General Fonseka

in a cable sent on the 15 january this year [2010]2 the US ambassador in Colombo, Patricia Butenis, said one of the reasons there was such little progress towards a genuine Sri Lankan inquiry into the killings was that the president and the former army commander, Sarath Fonseka, were largely responsible. “There are no examples we know of a regime undertaking wholesale investigations of its own troops or senior officials for war crimes while that regime or government remained in power,” Butenis noted.

I’m sorry if I’m stating the obvious, but when we are discussing the LLRC, the Lesson Learnt and Reconciliation Commission, appointed by the government, to me it is even too clear that as long as Mr Rajapaksa will be in office, there is not a single chance that he will accuse himself. Never ask an accused man whether he is guilty: it’s human nature to appoint a commission that will dodge facts indefinitely. The international community asked to implement at least what your commission recommended. And we needed a UN resolution for that. And now slowly, and with a welcome by the US (and India, I suppose), finally Rajapaksa will comply with his own version. Latin people would say that it is not the clean one.

In a country ruled like a private dominion of a family, law is administered by the will of the powerful ones. It is surprising that a lucid and bright intellectual life is still living under the brutality of such regime. In Sri Lanka words can sentence you to death. It is still quite a shock that a person of the calibre of Lasantha Wickremasunge has been killed with complete impunity: who dares to speak out his mind, really is a hero, one time more after that heinous assassination.

 It is with mixed feelings that we assisted at the recent case of Franziska Jansz. On one side we horrify about the gangsterism of member of the government, who is not ashamed of threatening a journalist for a puppy. We know that in Sri Lanka words like the ones of Gotabaya Rajapaksa are heavy as lead. On the other the courage of people such the editor of the Sunday Leader, a worthy heir of her predecessor, Wickremasunge himself, gives hope that the light of free thinking is still alight, though under such menaces. But what a general despondency that freedom and justice are relegated to fight for the story of a puppy.

The Rajapaksa have turned like medieval rulers, with no sense of decency or respect for the basic rights of a modern state.

Gotabaya Rajapaksa in the past expressed himself with a similar thug attitude. Asked about cases of rape and other war crimes, he commented citing the example of LTTE woman cadre, who wasn’t raped ‘despite’ being very attractive. The vulgarity of such a statement, coming from the most powerful member of the government was shocking and leaved spechless.

He was talking like rape is a natural consequence for an attractive woman. His shameless remark was revealing a general attitude in the Sri Lankan the military. And his complete lack of any consideration for the women, is a clear signal that you can’t expect any protection, respect or justice about sexual crimes.

Power and Energy Minister Champika Ranawaka, A senior Sri Lankan minister considered close to President Mahinda Rajapaksa has threatened the Tamils they would face annihilation if they continued to harbour homeland ambition.

Much in the same line of the words used by one minister, Mr.Champika Ranawaka. He advised the Tamils to be quiet and don’t stir too much the waters, otherwise they should expect 100 Mullivaikal. Again, there are no words to really comment such a disgrace. First, it is a clear admission from the government that the events in Mullivaikal have been an horrible carnage. They are so aware of the magnitude and of the brutality, that they can use it as a menace.

Second they show the real objective behind the so called ‘humanitarian rescue’. The IV Eelam War was not a counter-terrorism operation, but a massive scale elimination of Tamil nationalism. True, the LTTE was the military arm of such sentiment, but the real objective was to subjugate the Tamils.

Finally you can see what is the real face of rehabilitation and reconciliation form the government: don’t move, don’t speak, pretend to be dead like your brothers in Mullivaikal. You saw what happened to them, remembers that it is a pure chance you’re alive.

In Sri Lanka, nobody really has any doubt about the intention of the government. Serial raping, ethnic cleansing and authoritarian dominance are obviously quite well known in the island. But it is so sad, almost ironic that the government has no decency in saying it explicitly in words, that members of the ‘royal’ family, or of the government patently admit and show off almost with pride, the responsibility of those crimes.

 We can only whisper it now, but we are thoroughly taking notes and we are patiently registering any of this revelations.