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I write this in Shillong, capital of the state of Meghalaya, while attending a Conference on ‘India’s North-East and Asiatic South-East: Beyond Borders’. It has been arranged by the Centre for Research in Rural and Industrial Development, which has an impressive array of full-time staff as well as Consultants. One of them, a retired Colonel who had worked for many years in the North-East when it was a hotbed of insurgency, delivered a fascinating paper on the subject. In addition to his many ideas for improving the situation, I was fascinated by the interchanges between him and academics from the area, who deplored his use of the term ‘misled brothers’ to describe the former insurgents. They thought it patronizing, whereas the Colonel had thought it a less divisive way of describing those who had previously taken up arms against the State.

Regardless of the merits of the case, what was illuminating was the manner in which such debates took place. CRRID is supported by the Indian Ministry of External Affairs, but the participants represented different views, and even the personnel from CRRID, including several former MEA dignitaries, made no bones about what they thought could be done better by the Indian government. This should be normal practice, but sadly it is unthinkable in Sri Lanka. I was reminded then of the absence of Tamil politicians when the Lakshman Kadirgamar Institute finally got off the ground, with a Seminar on Reconciliation. Not one of them had been asked to present their views, and consequently they did not attend.

In passing I should note that that prompted the workshop which the Consortium of Humanitarian Agencies arranged, at which we had a wide range of views. The proceedings culminated in a decision, suggested by Javid Yusuf, to formulate a National Reconciliation Policy, which soon got underway in the office I then had, as the President’s Adviser on Reconciliation. This was discussed with a wide range of stakeholders, politicians and religious leaders and media personnel, at gatherings kindly arranged by solid supporters of Sri Lanka as well as Reconciliation, the Japanese Ambassador and the Papal Nuncio. After finalization the Draft Policy was sent to the President, where it got lost.

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The government decided last week, when faced with the announcement by Navi Pillay of her team to investigate Sri Lanka, to propose a motion in Parliament against such an investigation. This was a shrewd move, since it puts the main opposition on the spot with regard to whether it supports such an investigation. I can understand the TNA opposing such a motion given that it sees this as one way of achieving its goals, even though I think it would have achieved more had it, like the Indian government, stood foursquare against international interference whilst also urging the Sri Lankan government to pursue reconciliation and a better deal for the Tamil people more comprehensively.

What would be unacceptable is for the national opposition to oppose such a motion, and I think the UNP will find it difficult to decide how to respond. It would seem a sad betrayal of our sovereignty to oppose such a motion, and I think sensible people in the UNP would not want to commit a political blunder of such magnitude.

And the decision to support the motion should be the easier for any forward looking Sri Lankan, given that the motion is so limited in scope.Government has not gone down the disastrous route advocated by Wimal Weerawansa of opposing not only an international investigation, but of also opposing any effective domestic mechanism. Indeed government has scored a major triumph in having the motion proposed in the name of Achala Jagodage, who came to Parliament through Weerawansa’s National Freedom Front. And though most of the other signatories cannot be described as political heavyweights, also included as a signatory is perhaps the most intelligent amongst the new SLFP entrants into Parliament, the Hon Janaka Bandara. He chaired the only Committee in Parliament, apart from COPE, that proved effective in the last four years, and he also had the courage of his convictions and resigned when he found that the report of that Committee, on public petitions, was ignored.

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Amongst the many complaints against government made by its own Ministers and Members of Parliament who attended the Consultative Committee on Resettlement was one relating to something that has been a constant theme of the opposition. This is that the armed forces are engaging in business at the expense of civilians.

The specific case cited related to entry into joint partnership with a foreign national for the generation of bio-fuels. This seems to me in itself a good idea, and I can understand why the forces have got involved. Over a year ago I urged the Minister of Environment and Renewable Energy to start such activity on a large scale, and he agreed that this was essential. Having served previously as Minister of Petroleum, he was scathing about what he described as the oil mafia, which inhibits such activities. Certainly in COPE we have found ample evidence of what would be culpable carelessness, if not dishonesty, with regard to the import of oil. And the rapid turnover of Chairmen of the Petroleum Corporation, including most recently one of the most able and honest of Civil Servants, Tilak Collure, suggests the enormous power of this mafia.

But despite understanding of the situation, the Minister has done little to take forward activities in the field of Renewable Energy. This is sad since he could have taken advantage of the authority he derived from that being added, strangely but suitably, to the Environment portfolio. I had put him in touch with the Gandhi Centre, which had done much work on a small scale with regard to Gliricidia production in the North. He encouraged them to meet with the Sustainable Energy Authority, which had been very positive. But pushing projects in this field requires the active involvement of the Minister, and I fear this has not been forthcoming.

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There are two reasons why I find ridiculous the constant assertion that the Executive Presidency must be abolished. This was made most recently by the most prominent member of the Human Rights Commission, who claimed that it was the root cause of all our problems. But I do not think that he, or all the others who parrot panaceas, have thought about what will replace it.

And the problem with such panaceas is that no effort is made to actually make the current situation better, as for instance the Human Rights Commission could do in its own area of responsibility, by taking forward the Bill of Rights. There is an excellent draft, which we managed to get done before the Ministry of Human Rights was abolished. But the Minister did not agree that it should be put forward, given the then concentration on elections, and since then it has languished. I suspect I am the only who who has even reminded the President of its existence, and the fact that it was prepared in fulfilment of a pledge in the 2005 Mahinda Chintanaya. His answer was that he did not agree with everything there, but the simple solution, to admit those elements, was obviously not thought satisfactory.

With regard to the Presidency, it is assumed that we can go back straight away to the Westminster system. But the Westminster system demands a functioning Parliament, and with the complete dysfunctionality of the current Parliament, we will have even greater chaos if it had supreme power. Even now, Parliament does not fulfil the role laid down for it in our Presidential constitution, which is one reason why the Executive has nothing to check it.

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Prof Laksiri Fernando, in responding to my account of discussions about a Senate, has reminded me about publishing the proposals, as I had mentioned, and I will send them in as soon as I am back in Colombo. However, while I do not recall promising to publish my correspondence with Mr Sumanthiran – which is not in fact of any great significance – perhaps it would be useful, given current controversies, to publish the draft he and I prepared about land matters.

What we realized, which is why I proposed that we look at the matter quietly, was that the issue was causing much controversy based on dogma. The TNA insisted that the 13th Amendment conferred land powers on the Provincial Councils, the government relied on the Constitutional provision that land grants were in the power of the President. Mr Sambandan, while insisting that he had no objection to any citizen acquiring land anywhere on his own, went into a lengthy account of government colonization schemes which he said had changed the demography of the East.

I did point out that something similar had happened in the Wanni, where after the conflict we had come across large numbers of Tamils of Indian origin who had been settled there because of various colonization schemes funded by international agencies – including for instance the schemes run by Jon Westborg when he headed Redd Barna, if memory serves me correct. But at the same time I could understand Westborg’s motivation, given the appalling attacks on Tamils in the hills orchestrated by members of the Jayewardene government, in both 1977 and 1981 – just as I could understand the need to settle landless peasants in empty areas that had never been occupied by anyone previously.

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For each man kills the thing he loves
By each let this be heard
The coward does it with a kiss
The brave man with a sword

The last few weeks have seen an appalling erosion in the image of the government. In a piece that traced our unfortunate decline from the great military and diplomatic successes of 2009, I had written of cracks within the government, but after that we had two Cabinet Ministers refusing to support the Government in a Vote of Confidence. This is unprecedented, and I believe has never happened in this country before. But there has been total silence from senior members of the government, and I suspect I am the only person who has written to the President pointing out the gross breaches of etiquette that have taken place.

What is ironic is that it is precisely the approach of those two Ministers that has so gravely dented the image of this government. I am not sure if the President has realized this as yet, and I do not suppose that he is in position to analyse the situation carefully. But he must realize now that much of what he has been pushed into doing over the last few years has contributed to the disaster that faces both the country and the government.

I propose in this series to look through what has gone wrong, and indicate the destructive impact of just a few individuals. I am still hopeful that reform is possible, because the President is an able politician, and is still streets ahead of everyone else in terms of popularity. I believe too that there is no one else who can put through a just and generally acceptable solution to the political and ethnic problems that beset us. Vasantha Senanayake put it very well in the interview I had with him on his proposal to amend the Constitution to limit the number of Ministers (available at http://www.youtube.com/watch?v=NnO7WuVl6-I0). He said that this President did what was thought the impossible in getting rid of the LTTE. He should also be able then to do what was also thought impossible, namely change the appalling Constitution J R Jayewardene introduced.

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Speech of Prof Rajiva Wijesinha
As Chief Guest at the inaugural meeting of
The Institute of Geology Sri Lanka
2nd June 2014

I am honoured to have been invited today to speak at this inaugural meeting, not least because, as you are all well aware, Geology is not a subject about which I know anything. It is the more kind of you therefore to have asked me, just because I helped to steer the bill to establish the Institute through Parliament. But indeed I should thank you for having asked me to propose the Bill, because I suspect it will be my only achievement in the Chamber as a Member of Parliament.

I should note, in case I sound hopeless, that I believe my work in Committees has been innovative and seminally useful. I am also proud to have been the first member on the Government side to ask questions and propose Adjournment motions. But these are hollow achievements, given that questions are answered late if ever, and hardly anyone is present when Adjournment Motions are discussed. I still live in hope though that my Amendments to the Standing Orders, which would if accepted enhance the role of Parliament, will be put to the House. But a combination of intransigence on the part of Government and lethargy on the part of the Opposition, which prefers to complain rather than take appropriate action, will probably kill that too.

The problem, I should note, in the context of this inaugural meeting, is that there is no Professionalism with regard to the job of being a Member of Parliament. It would be absolutely unthinkable for Parliamentarians to come together to ‘promote the acquisition, dissemination and exchange of knowledge’about Parliaments, or to ‘assess the eligibility of candidates for admission to the various grades’ of Parliamentarians. We do not think about national policies nor do we promote, maintain and uphold professional and ethical principles and standards on relevant matters.

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I was pleased that Laksiri Fernando had picked up on my publication of documentation with regard to the negotiations between the government and the TNA way back in 2011. I suspect he is right in saying that some might think this is betrayal, given that even my efforts to defend the Secretary of Defence against Sarath Fonseka’s allegations in 2009 were described as betrayal. But this was by those such as Wimal Weerawansa who wanted to take political advantage of those allegations and therefore did not mind insinuating that they were true.

However I trust that those concerned with political reconciliation and long term peace, as Prof Fernando is, will realize that these notes are meant to make clear how easy it would be to reach a consensus with the TNA. But this needs negotiations to be conducted in good faith, and systematically, with appreciation of what the other side might fear. It is also important to move swiftly on whatever is agreed, as Nimal Siripala de Silva tried to do in 2011 with regard to the Concurrent List, only to be rebuffed by G L Pieris., even though we had obtained the President’s agreement to proceed.

To illustrate what I mean, I will look at the question of a Senate, which seems to have been a priority only for the President and me on the government side. To go into the history of that proposal, when I was appointed to head the Peace Secretariat in 2007, I should perhaps have participated actively in the discussions of the All Party Representatives Conference, which SCOPP hosted. But the Chairman, Prof Tissa Vitharna, thought that someone new should not be involved, so I stayed away. My main contribution was to cut down on the food bill, which had been enormous when I took over, largely because the practice previously had been to stuff up the delegates while waiting for the proceedings to start. This took for ever given prevailing standards of punctuality, and with the orders being placed beforehand, much went to waste when hardly anyone turned up.

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The following was sent to the Ministry of External Affairs in July 2011 in an effort to introduce some clarity into the debate on the Darusman Report, and also to coordinate better with the elements in the UN system which had also been attacked in that Report

I believe that we should ensure correction of those aspects that are clearly misleading of what is erroneously referred to as a UN report. At the same time, we should treat seriously aspects that are not inaccurate and that create an adverse impression.

This can be done more easily if we have made sure that errors are eradicated and clarification provided with regard to matters that are obscure or suggest inadequate understanding of realities. I have in several publications drawn attention to errors, and I believe a summation of these should be brought to the attention of the UN Secretary General. At the same time he should be asked to respond to the queries on the attached page, since they bear on the credibility of the report as it has been compiled. I have several others, following close scrutiny of the report, but these will be enough for the moment.

I raise these because I believe we have not responded effectively to slurs that can irretrievably damage the reconciliation process if allowed to go unchecked. At present we simply react to relentless criticisms, without addressing its root causes. While I can understand reluctance to respond to the substance of an inappropriate report, there is nothing to prevent us questioning the methodology used.

I hope very much that you will be able to proceed on these lines or similar ones.

Yours sincerely

 

1. Did the Panel consult the heads of UN agencies in Sri Lanka with regard to the various allegations contained in the Panel report, and in particular those concerning

a) Alleged rape
b) Deliberate deprival of humanitarian assistance
c) Unnecessary suffering for the displaced
d) Lack of information about rehabilitation sites?

It would be useful to ask the UN Secretary General to circulate the letter of the UN Resident Coordinator with regard to conditions at the camps, and request reports from him as well as the heads of the WFP and UNHCR with regard to these matters. In particular the UN Secretary General should be asked to share with the panel the reports of the various protection agencies that functioned during this period.

2. Did the Panel consult the head of the ICRC with regard to the various allegations contained in the Panel report, and in particular those concerning

a) Transportation of the wounded and others from conflict areas to government hospitals, and the treatment received by these
b) Transportation of food and other supplies to the conflict area
c) Information provided by the ICRC to government about conditions in the conflict area, and in particular the establishment and operation of medical centres

It would be useful to ask the UN Secretary General to circulate the letter of the ICRC head to the navy regarding its support for ICRC operations, and to request reports from him with regard to these matters.

3. Were there reports prepared by the UN or the ICRC which were shared with the panel, but which were not provided to government?

4. Did the UN set up a ‘networks of observers who were operational in LTTE-controlled areas’, as claimed in the report. Was this with the authority of the UN Resident Coordinator, and how did it fit within the UN mandate? With whom were its reports shared?

5. Did the UN obtain other reports from international UN employees in Sri Lanka, and were these with the authority of the UN Resident Coordinator? How did these fit within the UN mandate? If these reports were intended to improve the condition of affected Sri Lankans, why were they not shared at the time with government?

6. Did the Panel consult the UN Special Representative on the Rights of the Displaced, Prof Walter Kalin, and use the reports he published? Were they aware that he visited Sri Lanka three times during this period?

7. Will the Panel explain errors such as the attribution to government of actions relating to the LTTE (Footnote 92), the attribution to government of an inappropriate response (at the end of January) to an ICRC statement issued on February 1st, the assumption that food was only sent to the conflict zone through the ICRC, the attribution (though obscurely) to the terrorist associated Tamil Rehabilitation Organization of the claim that individuals died of starvation, the claim that Manik Farm did not have its own water source, the claim that psychological support was not allowed by the Ministry of Social Services, etc?

8. Will the Panel study the analysis of its claims with regard to attacks on hospitals, in the light of claims made at the time, and in the context of official ICRC documentation of what was conveyed to government?

9. Will the Panel explain its selective characterization of participants in the conflict, including its description of the LTTE as disciplined, while bribery is attributed to the military as a whole, with positive actions being attributed to individuals?

10. Will the Panel provide sources for the various estimates mentioned in Para 133, as well as all alternative estimates with regard to the given figures? Will it also explain the sentence ‘Depending on the ratio of injuries to deaths, estimated at various times to be 1:2 or 1:3, this could point to a much higher casualty figure’ and how it relates to the figure of 75,000 given immediately afterwards?

11. Will the Panel explain what it means when it uses the word ‘Government’, and in particular its source for various critical comments such as those in Paras, 131 and 136 and Footnote 77?

12. Has the Panel studied the reports of UN committees which make clear the reluctance of agencies entrusted with funds for the benefit of Sri Lankan displaced citizens to upgrade facilities at Manik Farm despite numerous requests, as well as the manner in which funding was squandered on international personnel who were unable to ensure adherence to national and international standards with regard to sanitation?

This was copied to the Attorney General at the same time, as he was supposed to be chairing the Inter-Ministerial Committee to implement the Interim Recommendations of the LLRC, with the following covering letter –

I attach a copy of a letter I have sent to the Secretary to the Ministry of External Affairs. I hope you will appreciate the points raised in the letter, and in particular the need to take remedial action so as to ensure that the reconciliation process continues.

In this context I would like to suggest some positive measures that could be taken immediately to address some of the concerns raised in the Panel report, which I am aware you too share. I believe we have not promoted the provision of information that would alleviate some suffering. Though there seems to be exaggeration with uncertainty, any uncertainty can cause anxiety and then resentment, so we should do our best to minimize this.

I would suggest that we establish in every GN division an agency that will collect statistics with regard to those missing, and collate them with appropriate investigation to ensure fuller information with regard to previous activities. This should lead to the formulation of a data base that can be used to provide precise information as possible.

We know that of course some of those dead will not be identified, and also that some have made their way to other countries, or have taken on a new identity in this country. While making allowance for these, I am sure we will be able to establish that the number of those dead or missing is much smaller than is sometimes bandied around.

I hope very much that we can take action in this regard, and in other areas mentioned in my letter to the Secretary to the Ministry of External Affairs, and make it clear that the Government of Sri Lanka is more concerned about its own citizenry than external agencies.

I also wrote as follows at the same time to the Chairman of the LLRC

Whilst the process of reconciliation was proceeding apace since the destruction of the LTTE in Sri Lanka, I believe some events over the last few months have affected this adversely. Whilst the different communities in Sri Lanka have not responded negatively, relations amongst some Tamils now living abroad and other Sri Lankans have been severely strained.

This may allow elements of the LTTE abroad to continue with their previous practices, including extortion from the majority of Tamil expatriates, and the perpetuation of racial prejudices. This will in turn rouse hostile feelings in the less reasonable amongst other communities. I believe therefore that we need to act firmly to nip such tendencies in the bud.

The events I refer to include in particular the publication of the report of the panel appointed by the UN Secretary General to advise him on accountability issues. This has in turn exacerbated the impact of a film shown on the British Television Channel 4, and subsequently repeated on channels elsewhere. Both these have given credence to a book by a former UN employee called Gordon Weiss, and I gather that other publications related to this have since emerged, or will do so shortly.

It will be helpful then, for the sake of reconciliation alone, to challenge the impact created by these events. In particular, I believe that we should ensure correction of those aspects that are clearly misleading of what is erroneously referred to as a UN report. At the same time, we should treat seriously aspects that are not inaccurate and that create an adverse impression.

This can be done more easily if we have made sure that errors are eradicated and clarification provided with regard to matters that are obscure or suggest inadequate understanding of realities. I have in several publications drawn attention to errors, and I believe a summation of these should be brought to the attention of the UN Secretary General. I have accordingly sent to the Secretary to the Ministry of External Affairs some queries which I believe should be sent to the Secretary General, since they bear on the credibility of the report as it has been compiled. I have several others, following close scrutiny of the report, but these will be enough for the moment.

In addition to this however, I believe we can also address the few real issues that the Panel Report raises. Having studied it, as well as the other publications mentioned above, it seems to me that there are only two allegations in which sufficient information as to time and place and scope has been furnished, so as to warrant further investigation.

These are the allegations with regard to the so-called White Flag incident, as well as mention of execution of prisoners, as to which the Channel 4 film mentioned a specific date. While I do not think we should deal with Channel 4, it may be useful for the Commission to seek further information from the Panel if it possesses any with regard to these two incidents, and in particular further details of the visual records that are alleged to have been made. It is possible that further examination will reveal discrepancies such as have characterized previous visual records brought to our attention, but since those were general claims whereas these involve specifics, it would make sense to try to obtain further information if available.

In addition to this, I believe concerted follow up with regard to your previous recommendations would be helpful.

I raise these to help us to respond effectively to slurs that can irretrievably damage the reconciliation process if allowed to go unchecked. At present we simply react to relentless criticisms, without addressing its root causes. While I can understand reluctance to respond to the substance of an inappropriate report, there is nothing to prevent us questioning the methodology used.

Finally, a letter sent to the Secretary to the President some months later –

The events of the last week, and the document I shared with you that had been prepared by a Ms Vigo, prompted reflections on the absurd way in which we have been conducting our foreign relations, and in particular our relations with the United Nations. I am aware that the President has been sharply critical of the UN, and seems to think that all efforts to work positively with it would be vain, but this flies in the face of all evidence.

The Vigo report makes it clear how many UN agencies and their heads worked well with us during the difficult days of conflict, despite external pressures and pressures from their younger members of staff – a phenomenon that occurred also with several ambassadors who have confided in me about this.

Meanwhile, as you are aware, Dayan Jayatilleka in Geneva did a fantastic job of making sure that we received solid support from the UN system. He understood the need for numbers, and worked with influential ambassadors in each regional group, so that we had a large coalition supporting us.

This was promptly frittered away by his successor. As one distinguished journalist told me, in Dayan’s time we asked for advice, later we simply asked for votes, from people we had hardly taken seriously until their votes were needed.

Meanwhile in Sri Lanka we ceased to work together actively with the UN. Because of anger, understandable enough, at the appointment of the Darusman Panel, and its report, we assumed that the UN was complicit in the injustice that was being done to us. We failed to read the report carefully and intelligently, and understand that senior UN officials also were being criticized.

I told the Ministry at the time that we should communicate with those officials and develop a common response, but I do not think the Ministry even understood what I meant, nor the potential danger. As I have noted recently, following the visit of Robert Blake, which local politicians and foreign ambassadors have told me was worrying, I was told by the Ministry that all had gone very well, and newspaper reports were simply designed to create trouble.

When the President put me on the delegation to negotiate with the TNA, in April 2011, I found that no response had been made to suggestions they had made a couple of months previously. I thought this was absurd, and urged a response. These are the notes I made.

Unfortunately there were no meetings of our delegation to review such matters. We could not take things further, even though I did manage, by insisting by dates for the next meeting being fixed whenever we met, to have regular meetings, whereas previously these were few and far between, and there was no continuity. It was perhaps because there was some progress that Sajin Vas Gunawardena stopped telling me about meetings. Read the rest of this entry »

Rajiva Wijesinha

September 2019
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