US Senator Leahy – Pro-LTTE lobby in US work together To block IMF loan to Sri Lanka

Daya Gamage – US National Correspondent Asian Tribune

Washington, D.C. 23 May (Asiantribune.com):Senator Patrick Leahy United States Senator Patrick Leahy and the U.S.-based pro-Tamil Tiger lobby Tamils Against Genocide (TAG) are strange bedfellows: both are on the same page and forward similar arguments to prevent Sri Lanka, which this week put the last nail on the LTTE coffin internally eradicating terrorism from her soil after 25 years, obtaining the $1.9 billion standby loan from the IMF which U.S. has 16.77% stakes.

The TAG says that "on information and belief, no loan has ever been approved by the IMF over the opposition of the United States."

Both Leahy and the TAG cite the same U.S. federal law that disqualifies American officials canvassing or supporting an IMF loan under consideration for a member country on human rights and other grounds. The TAG cited the law when it instituted a law suit in the U.S. District Court of Colombia, Maryland in mid-March (2009). Senator Leahy brought an amendment to the House Supplemental Appropriations Act (2009) on May 20 citing the same law instructing the U.S. Secretary of Treasury to advise the IMF not to consider the loan to Sri Lanka unless “the Secretary of State certifies to the Committees on Appropriations that the Government of Sri Lanka is respecting the rights of internally displaced persons, accounting for persons detained in the conflict, providing access to affected areas and populations by humanitarian organizations and the media, and implementing policies to promote reconciliation and justice, including devolution of power to local bodies as provided for in the Constitution of Sri Lanka”.

When taking the sequence of events and the pronouncements of both Senator Leahy who is the chairman of the Senate Judiciary Committee under whose jurisdiction are ‘foreign assistance and related matters’ and the pro-LTTE group TAG the sentiments are the same. In fact, Mr. Leahy has been greatly influenced by the following sentiments expressed by the TAG in its law suit at the Maryland District Court:

"Plaintiff, Tamils Against Genocide, Inc. (TAG), is a non-profit membership corporation organized under the laws of Maryland. It is located at 5513 Twin Knolls Road, Suite #514, Columbia, Maryland. Its current membership approximates 500. Membership is acquired by donating to TAG. Its website is www.tamilsagainstgenocide.org. A chief objective of Plaintiff is to obtain prosecutions for genocide, war crimes, and torture under United States law against United States citizen and current Defense Secretary of Sri Lanka, Gotabaya Rajapaksa, and United States permanent resident and current Sri Lankan Army Commander Sarath Fonseka. A major goal of the prosecutions would be to deter or diminish the ongoing pattern of gross violations of internationally recognized human rights overwhelmingly targeting Tamils in Sri Lanka by the Sinhalese Buddhist Government of Sri Lanka (GOSL). Virtually all TAG members are Tamils, and many immigrated to the United States from Sri Lanka because of ethnic or religious persecution. TAG also has members from Canada and UK, where most immigrated because of ethnic or religious persecution."

The Leahy used the 22 U.S. Code 262r(c)(2) to justify his argument against releasing the $1.9billion IMF loan to Sri Lanka in his amendment:

Sec. 1121. (a) The Secretary of the Treasury shall instruct the United States Executive Directors of the international financial institutions (as defined in section 1701(c)(2) of the International Financial Institutions Act (22 U.S.C. 262r(c)(2))) to vote against any loan, agreement, or other financial support for Sri Lanka, except for basic human needs, unless the Secretary of State certifies to the Committees on Appropriations that the Government of Sri Lanka is respecting the rights of internally displaced persons, accounting for persons detained in the conflict, providing access to affected areas and populations by humanitarian organizations and the media, and implementing policies to promote reconciliation and justice, including devolution of power to local bodies as provided for in the Constitution of Sri Lanka.

The Tamils Against Genocide previously in mid-March cited the same federal law that helped Senator Leahy who has been a vocal critic of Sri Lanka and strongly believed the invincibility of the Tamil Tigers.

This is what the TAG cited in its law suit:

Plaintiff requests a declaratory judgment that the Defendants would be in violation of 22 U.S.C. 262d by failing to oppose the pending $1.9 billion IMF loan application from the GOSL in the IMF’s Executive Committee or other IMF decision-making body, and such other and further relief as this Court finds just and equitable.

About the invincibility of the Tamil Tigers this is what Senator Patrick Leahy told the Senate on 18 September 2006:

"We should be deeply concerned with the collapse of the peace process and escalating violence in Sri Lanka. Although it is apparent that neither the government nor the LTTE can defeat the other militarily, nor have they demonstrated the political will to stop the fighting and resolve this conflict peacefully."

Tamils Against Genocide (TAG) filed a complaint against Secretary of the US Treasury, Timothy Geithner, and the US Executive Director at the International Monetary Fund (IMF), Meg Lundsager, in the United States District Court for the District of Columbia to obtain a "declaratory judgment that a failure of the United States to oppose Sri Lanka’s pending $1.9 billion IMF loan application would constitute a violation of 22 U.S.C. 262d,"

The U.S. law, 22 USC 262d, declares in relevant part:

"The United States government, in connection with its voice and vote in...the International Monetary Fund shall advance the cause of human rights, including by seeking to channel assistance towards countries other than those whose governments engage in---

(1) a pattern of gross violations of internationally recognized human rights, such as torture or cruel, inhumane, or degrading treatment or punishment, or prolonged detention without charges, or other flagrant denial to life, liberty, and the security of person...."

Professor Francis Boyle, professor at University of Illinois College of Law earlier commenting on the IMF loan said: Concerning the proposed loan to Sri Lanka by the International Monetary Fund, United States domestic law makes it quite clear that the Obama Administration is obligated to oppose the loan. And given the weighted voting system for the IMF Board of Directors, a United States vote against the loan would be tantamount to a veto, and added, for the Obama Administration to violate the Statute [22 USC 262d] and vote in favor of the proposed IMF loan to support the GOSL`s `policy goals` would render the United States government 'complicit' with Sri Lanka`s genocide.

The following arguments put forwarded by the pro-LTTE Tamils Against Genocide has helped Senator Patrick Leahy to 'understand' the situation in Sri Lanka through the eyes of the international network of the Tamil Tigers which maintains a macro effect in United States and Western capitals. In the absence of civil and diplomatic officials of the Government of Sri Lanka effectively reaching Mr. Leahy the following LTTE arguments have had a far reaching effect on the powerful Democratic Senator.

The arguments in the TAG law suit are:

(Begin Text) Sri Lanka’s Pattern Of Gross Violations Of Internationally Recognized Human Rights

The GOSL is guilty of a pattern of gross violations of internationally recognized human rights, such as war crimes, rape, torture or cruel, inhumane, or degrading treatment or punishment, prolonged detention without charges, or other flagrant denial to life, liberty, and the security of person. The GOSL implacably opposes permitting an unimpeded investigation of alleged violations of internationally recognized human rights by appropriate international organizations including, but not limited to, the International Committee of the Red Cross, Amnesty International, the International Commission of Jurists, and groups or persons under the authority of the United Nations or the Organization of American States.

The Sinhalese Buddhist GOSL also engages in and tolerates particularly severe violations of religious freedom of Hindus and Christians, and has failed to make any efforts to combat such religious persecution which could have been reasonably undertaken.

Perhaps most shocking, the GOSL’s primary military strategy to defeat the LTTE in a noninternational armed conflict is to perpetrate endless war crimes against the Tamil civilian population in violation of the Hague and Geneva Conventions, as amplified below. The GOSL’s complete independent media and monitoring blackout of events in the northeast is circumstantial evidence that the GOSL is attempting to conceal its war crimes and sister violations of internationally recognized human rights. (End Text)

The Singapore Bussiness Times in its May 16, 2009 issue made these interesting comments.

(Begin Text) Nuclear-armed Pakistan, which is battling Taleban militants and a lynchpin of US strategy in Afghanistan, was granted a US$7.6 billion IMF loan in November, averting a balance of payments crisis.

Ukraine's US$16.4 billion deal has at times been delayed due to disputes over budget deficit and reforms, but most analysts expect Kiev to be kept afloat through the IMF given its position bordering Russia and straddling key energy routes. While Sri Lanka is not devoid of geopolitical importance, overlooking key sea lanes around the foot of the Indian subcontinent, analysts are unconvinced that is enough.

'If you look at the situation with Pakistan and Ukraine, geopolitics certainly played a role in getting an IMF loan,' said Lars Christensen at Danske Bank. 'You can see Sri Lanka is an entirely different case - it is much less important. What is also different is that unusually this is being done more in public.' (End Text)

Senator Patrick Leahy expressed what his understanding about the situation in Sri Lanka when he made a special statement in the U.S. Senate February 3, 2009. Following are some of the salient points he made depicting what he understood about Sri Lanka’s ground situation.

(Begin Excerpts) “The origins of the conflict arise from decades of the Sinhalese majority’s systematic discrimination against the Tamil minority, and its denial of the Tamils’ meaningful participation in the political process. The Sri Lankan army is almost exclusively Sinhalese. Successive Sinhalese-dominated governments have failed to effectively address these longstanding injustices.

“Over the years, peaceful demonstrations by Tamils have been met with violence by Sinhalese extremists, which have in turn fostered violent extremism on the Tamil side.

The Sri Lankan government has a duty to respect the rights and protect the safety of all Sri Lankan citizens, whatever their ethnic origin or political views. Instead, the government has embarked on a strategy to defeat the LTTE militarily and in doing so has shown disregard for the laws of war. Rather than protecting the Tamil people, the government has often contributed to their suffering. Its strategy has been to cordon off the area and blame everything, including its own violations, on the LTTE.

“Over the longer term, if lasting peace is to come to Sri Lanka, the government must effectively address, in negotiations which include all the main Tamil and Muslim parties, the core issues that have fueled the conflict including laws and policies that unfairly discriminate against Sri Lanka’s minorities.

“The Sri Lanka government will one day want the respect and support of the United States. The same can be said of the LTTE, if and when it renounces violence and becomes a legitimate political party. How they respond to today’s humanitarian appeals will weigh heavily on how the United States responds when that day comes.” (End Excerpts)

Leahy statements in the Congress, Tamils Against Genocide submissions at the Maryland federal court, Leahy amendment to the House Resolution 2346 Supplemental Appropriations Act (2009), Secretary of State Hillary Clinton pronouncement that this was not the appropriate time to consider the IMF loan to Sri Lanka and Ambassador Robert Blake’s non committal to the IMF loan at his final press briefing in Colombo before he departed Sri Lanka have one thing in common: Despite the Tamil Tiger outfit has been defeated on the Sri Lankan soil its macro effect continues to show the impact on foreign soil especially in Washington, London and Paris nurtured by Oslo.

Is Sri Lanka prepared to scrutinize her bilateral relationship with the United States taking the entire scenario in to account? If anyone suggests that Sri Lanka needs to improve her relationship with the West especially with Washington does it have to surrender her sovereignty and independence? Does it have to kneel before Washington which is heavily influenced by the international wing of the LTTE to restore U.S. foreign assistance to the pre-2006 level?

Sri Lanka needs to find out how she plans to meet the challenge of the international wing of the Tamil Tigers which may turn out to be a political and diplomatic struggle. She needs a lot of convincing done in these Western capitals to defeat the macro effect of the LTTE.

Before Mahinda Rajapaksa, all the regimes in Sri Lanka fought with the ruthless Tamil Tigers for a draw. It was only Rajapaksa regime that fought this battle to gain a final victory. Similarly, Sri Lanka’s overseas diplomatic strategy should be to totally defeat the international wing of the LTTE which up to now has proved it has a macro effect. A draw should not be in the Rajapaksa agenda.

Here is the complete text of the Leahy amendment:

SA 1169. Mr. LEAHY (for himself, Mr. Brown, and Mr. Casey) submitted an amendment intended to be proposed by him to the bill H.R. 2346, making supplemental appropriations for the fiscal year ending September 30, 2009, and for other purposes; as follows:

At the end of title XI, add the following:

SRI LANKA

Sec. 1121. (a) The Secretary of the Treasury shall instruct the United States Executive Directors of the international financial institutions (as defined in section 1701(c)(2) of the International Financial Institutions Act (22 U.S.C. 262r(c)(2))) to vote against any loan, agreement, or other financial support for Sri Lanka, except for basic human needs, unless the Secretary of State certifies to the Committees on Appropriations that the Government of Sri Lanka is respecting the rights of internally displaced persons, accounting for persons detained in the conflict, providing access to affected areas and populations by humanitarian organizations and the media, and implementing policies to promote reconciliation and justice, including devolution of power to local bodies as provided for in the Constitution of Sri Lanka.

(b) The requirement under subsection (a) shall not apply to balance of payments support to the Central Bank of Sri Lanka if the Secretary of the Treasury certifies to the Committees on Appropriations that such payments are necessary to prevent significant and imminent hardship among the general population of Sri Lanka.

(c) Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations detailing incidents during the conflict in Sri Lanka that may constitute violations of international humanitarian law or crimes against humanity, and, to the extent practicable, identifying the parties responsible. (End Text)

- Asian Tribune -