Genocide, independence and international law
Until about a month ago, most people paid no attention to the two liberation struggles of
Both regions have their own state structures and governments – self-rule in Abkhazia has been conducted via their own parliament. But despite these two peoples’ demonstrable desire to rule themselves, the West would not accept their claims and instead insists their homelands belong to
A month ago, in a major miscalculation,
Unexpectedly,
These developments, coming just months after the people of Kosovo won their liberation struggle – over the strong objections of Russia, but with the enthusiastic support of Western states – demonstrate how international ‘principles’ are manipulated by the world’s most powerful states to suit whatever their interests are at the time.
Of crucial importance for the Tamils, these ‘principles’ include ‘genocide’, ‘territorial integrity’, ‘democracy’ and even ‘self-determination’.
The Tamil people will instantly recognise the sentiments expressed by South Ossetia’s Foreign Minister when
The language used by various leading states in discussing South Ossetia and Abkhazia – and before that, Kosovo - will also ring a bell with the Tamil people:
Democratic Will?
Recognising Kosovo’s independence, the West said, correctly, that “over 90%” of the people there want independence. The Russians have, also correctly, pointed out that the peoples of
But notice how
And notice how yearning of the peoples of
Instead, the West’s only concern is about the territorial integrity of“little”
The Western states have condemned
These desires, it is worth noting, were democratically endorsed.
To begin with,
In 1991, then Russian leader Gorbachev called for an “All Union” referendum on the continuation of the
Within weeks of the referendum,
In 1992 the Abkhaz contingent in the Supreme Council of Georgia (i.e. the elected representative of their people) declared independence for Abkhazia from
Similarly, in South Ossetia, the European Union refused to recognise referendums for secession in 1992 and 2006 - even though the
Even before the 2006 vote, the EU had warned that it would consider the referendum meaningless; European Union Special Representative to the
In short, the EU had no interest what the
Abkhazia is a full fledged democracy. Parliamentary elections were held in 2004 - where the Russian-backed candidate lost and a coalition government with 90% of all votes was formed.
Notably, both political parties in Abkhazia supported secession from
And interestingly, Abkhazia is a multi-ethnic country - Abkhaz, Armenians and ethnic Russians in the region all voted for self-rule, and against Georgian rule.
All this puts into context how ‘democracy’ is certainly not a principle the Western states or
If the views of people matter, then the case for the independence of
‘Special Case’?
When Kosovo declared independence from Serbia –on the principle of self-determination - the various countries of the EU (except Spain, battling Basque demands for self-rule) decreed that Kosovo deserved to be exempt from ‘international law’, on the basis of Serbia’s racist oppression and Serb leaders' rejection of a negotiated final status for the territory.
But Kosovan independence in 2008 is notably the culmination of a decade of unilateral military intervention by NATO in
In 1995, when the
Four years later, the West invaded, supposedly to defend the Kosovars. The basis? Genocide! The Serbs had launched a major offensive into Kosovo, driving over 250,000 people from their homes.
President Clinton's Secretary of Defense, William Cohen, later declared: "The appalling accounts of mass killing in Kosovo and the pictures of refugees fleeing Serb oppression for their lives makes it clear that this is a fight for justice over genocide."
President Clinton also argued “NATO stopped deliberate, systematic efforts at ethnic cleansing and genocide”. He later compared the Serbian aggression against Kosovo to the Jewish Holocost.
However, this month the
It follows that NATO intervened in Kosovo to gain advantage in the geopolitical competition with
And so it has. Pro-Russian South Ossetia and Abkhazia, similarly, are clearly part of
Thus, although at the time, the European Union was keen to label the secession of Kosovo as an “exception”, it is now difficult to see how this is so.
But following the Kosovo secession backed by NATO,
Historically, the
Then in the late nineties, when the
Territorial Integrity?
But the principle of ‘territorial integrity’ arises from a specific need – formalised after World War II - to discourage nations invading each other.
But there is a huge difference when the ‘threat’ to territorial integrity arises from within, from a people wishing to secede from the rule of another. Here ‘territorial integrity’ conflicts directly with the UN convention on civil and political rights, on the UN’s declared right of a people to self-determination, and so on.
The international developments of 2008 have a direct bearing on the Tamil people’s struggle for their self-determination and secession from
The Tamil people have a strong case for Eelam. They meet all the requirements to exercise self-determination - they have a distinct ethnic identity, a contiguous, historic geographic territory, a history– i.e. they constitute a ‘nation’. They also have capability of self-governance and the will to self-determination.
Leaving aside international laws of self-determination, even when compared with the ‘special case’ rationales presented by the West in Kosovo and
It is worth briefly revisiting some of the Tamil arguments for self-rule.
For sixty years the Tamils have suffered relentless marginalisation by the Sinhala dominated state. We have suffered bouts of communal violence and pogroms.
In July 1983 three thousand of our community were butchered – while the world stood by and even supported the Sri Lankan state with money (World Bank etc) and arms (US, Britain, etc). It is worth remembering the Tamil guerrillas were denounced as ‘Communists’ – after the Cold War ended, they became ‘terrorists’.
The figures for Kosovars killed by Serbian forces were less than 5,000 (as reported to Human Rights groups), though the actual figures of Kosovan deaths “directly or indirectly” attributed to war are estimated at 12 000.
When comparing the figures of Tamil and Kosovan casualties, it is instructive to note Kosovo has a population of circa 1.9 million (87% of whom are ethnic Albanians), compared to the Tamil population of 3.2 million in
The NorthEast Secretariat for Human Rights (NESOHR) has thus far recorded the killings of 37,000 Tamil civilians (in the North East alone) from 1974 to 2004, and estimates, including deaths of internally displaced Tamils outside the North East, the total at 75 000.
Since 2005, international human rights groups have recorded several thousand more deaths at the hands of the Sinhala-dominated security forces.
(These figures do not, of course, include the 22,000 Tamil Tigers killed in the armed struggle for self-rule)
In 2007 alone, the West-backed Sinhala army drove more Tamils from their homes in just the Eastern Province of Sri Lanka than the number of Kosovar displaced cited as justification for NATO intervention against
Convenient rules
Given that some genocides are ignored or supported and others invoke intervention, it is clear that the international community's decision to accept genocide is taking place is a politically motivated one; ‘genocide’ then becomes a label of international politics, conveniently applied to justify violations of ‘international law’ by powerful states.
So is ‘territorial integrity’; various countries, including especially, the
It is worth remembering
The point here is that sooner or later, just as
It is then that it will conveniently be remembered the Tamils are enduring slow genocide – just as the suffering of the East Timorese, the Kosovars, the
The ideal route to independence would, of course, be by mutual agreement with the Sinhalese – just like the Eritreans and Ethiopians decided a decade ago. However, the Sinhalese are not going to even treat us as an equal people.
We must survive the slow genocide the West-backed Sinhala state is carrying out, expatriates must continue doing what we can to ensure the suffering of our people in the Northeast is minimised.
We need to repeatedly assert our demand for Eelam – irrespective of the confident assertions of international actors that most of us don’t want independence and actually want to live within the chauvinist Sinhala state.
We can take much heart from the successes of the Kosovars,
In short, the lesson for the Tamils is to redouble their efforts and ensure the Tamil nation survives genocide, while building and reiterating their case for independence.