Sri Lanka's civil war atrocities shown in British documentary -radio australia

Sri Lanka's civil war atrocities shown in British documentary

The ABC's Four Corners television program has screened footage of executions, atrocities and the shelling of civilians during the final stages of Sri Lanka's civil war.

The British-made documentary looked at allegations that up to 40,000 Tamil civilians were killed as Sri Lankan Government forces moved in to destroy the Tamil Tiger army in 2009.

The story aired as the United Nations continues to urge Sri Lanka to launch an independent investigation into allegations of war crimes and crimes against humanity.

Sri Lanka's High Commissioner to Australia asked the ABC not to screen the program on the grounds that it contained biased content and the video footage of executions could not be authenticated.

Presenter: Cameron Wilson

Speaker: Melissa Parke, Australian Labor Party Member of Parliament and former UN lawyer

Listen: Windows Media

PARKE: If it's genuine, the footage does show some really terrible things and of course war itself always involves horrors, but even in war there are laws, and international humanitarian law and international human rights law provides that even in war certain actions are not permissible. So some of the things that we saw on the footage, like targeting civilians, using civilians as human shields, targeting humanitarian workers in hospitals is absolutely not permissible under international law.

WILSON: Do you believe it is genuine?

PARKE: Well I'm not an expert, I can't judge that, but I think what is important is that the UN panel that was appointed by the Secretary General last year has found credible evidence that in the closing stages of the armed conflict in Sri Lanka both government forces and the Tamil Tigers committed war crimes. So the UN panel found that there was credible evidence that civilians had been used as human shields by the Tigers, and that they were killed when trying to leave. They found there was credible evidence that civilians in no fire zones, including in hospitals, had been shelled by government forces, and that executions of LTTE members who had surrendered had taken place. So I think as a matter of justice and in the interests of a full and lasting reconciliation, the UN panel has quite clearly said and I agree with it, that there should be an independent process for assessing and judging this evidence.

WILSON: Sri Lanka has questioned the authenticity of this footage. Is it fair when they raise the point that there are people out there with the political motives to be doctoring footage or to have these out with vested interests, these sorts of images?

PARKE: Well of course it's a legitimate question, and that's why there should be an independent investigation of those claims. Now I think that as a matter of principle countries should have the courage and the confidence to allow a fair examination of their military conduct and to give justice where crimes against international law are committed. And in the fight against terrorism, which clearly Sri Lanka has been engaged in, democratic governments distinguish themselves by the standards they uphold. So I think that it's in the interests of Sri Lanka, the government to have these claims properly looked at. And what the UN panel found was that the commission that's been set up by the Sri Lankan government, called The Lessons Learned and Reconciliation Commission, is flawed in terms of its mandate, its methodology, its independence and its impartiality. So the UN panel has made a number of recommendations that include ensuring that the government of Sri Lanka commences genuine investigations into those alleged violations of international law, and that the UN Secretary General establish an independent international mechanism which would monitor and assess the extent to which the government is carrying out an effective accountability process, conduct its own investigations into the alleged violations, and collect and safeguard information provided to it. So I'm not saying that I'm on one side or the other here, in any discussion of Sri Lanka there is a tendency to try to place someone very quickly as being on one side or the other, but I see myself and I'm sure the government sees itself as pro-Sri Lankan. There's a very special relationship between Australia and Sri Lanka, and we want to see Sri Lanka achieve peace, stability and prosperity. What I think the UN panel is saying is that that future has to be built on a solid foundation of truth and reconciliation.

WILSON: Now in 2009 you moved a motion in parliament calling for an independent international investigation into war crimes. Do you feel that with the UN panel investigation or the UN panel report and now this footage as well that perhaps that is now becoming a more likely outcome?

PARKE: Well I don't know what the UN will do or how the Secretary General will respond to the panel's report. But I do believe that it's necessary that there is a response, and that there is a credible investigation set up into these alleged war crimes.

WILSON: Can you explain to me the process why the UN has not gone ahead and launched its own war crimes tribunal?

PARKE: Well normally these tribunals are set up with the concurrence of the government in question. So it would be very difficult to set up such a tribunal without the consent of the Sri Lankan government. So I think that's probably why it hasn't happened.

WILSON: Britain has said that it will lead international action if Sri Lankan authorities fail to respond. Would you be lobbying Julia Gillard and Kevin Rudd for the Australian government to do the same?

PARKE: I think the government's response is for the Minister to comment on. But I think certainly the government wants to see Sri Lanka achieve peace, stability and prosperity, and as a matter of justice there should be an independent process for assessing those alleged violations of international law.

WILSON: Foreign Minister, Kevin Rudd, says new information about civilian casualties in Sri Lanka is appalling and the UN's Human Rights Council needs to reinvestigate the issue.

Sri Lanka's detailed response to the program -- and a range of other background information -- is available at the ABC website abc.net.au/4corners Sri Lanka's detailed response to the program -- and a range of other background information -- is available at the ABC website abc.net.au/4corners

Connect Asia brings you two hours of news, business reports and analysis from commentators and correspondents.

http://www.radioaustralia.net.au/connectasia/stories/201107/s3261594.htm