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The Paranagama and the Geneva Reports: Attempts to Mislead the Public – Pt 1 contd.,

  • Question 10:

The Government has alleged that the Paranagama Report agrees with the Channel 4 video allegations.   Is that true?

  • Answer

Not at all.  It is a deliberate misreading of the Paranagama Report.   At paragraph 428, the Paranagama Report states explicitly “ the authenticity of the video footage is not an issue that the Commission can resolve…”.

If, of course, the authenticity of the video is proved, that would establish a prima facia case.   The Paranagama Commission goes on to advocate that there should be a proper judicial inquiry.

Indeed the very same was suggested by the LLRC report, which called for an independent investigation.      Thus to say that the Paranagama Commission has validated the genuineness of the Channel 4 footage is false.  Because if it had, what would be the necessity to call for an inquiry to ascertain the authenticity of the footage?   Indeed the Paranagama Commission criticizes Channel 4 in paragraph 432 (page 105) for failing to supply the original film footage.  Why would the Paranagama Commission do this, if it had accepted the film footage as authentic?

 

  • Question 11

What is the link between the OISL report and the Darusman Report with respect to the gravity of the allegations made against Sri Lanka?

  • Answer

The answer to this question is to be found in paragraph 22 (page 8) of the OISL report which reads as follows:    “ Another key source of information was the United Nation’s Secretary General’s panel of experts headed by Mazuki Darusmann with experts Yasmin Sooka and Steven Ratner.”

Thus, it is quite clear, that the OISL report is firmly grounded in the grave allegations made by the Darusman Report.   Therefore it raises the question as to why the Paranagama Commission 2nd Mandate Report which dealt with most of the allegations in the Darusman Report was not tabled in Geneva by the Government.

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In the course of the frenetic travel programme I had set myself before the usual budget period, I had just two days in Sri Lanka last week. They were packed, with Parliament, and an overnight stay with a cousin visiting after several days, and the 92nd birthday of my most distinguished aunt, but also a couple of interviews as well as meetings with two ambassadors.

Though I feel increasingly despondent, I continue to defend the war record of the government, and indeed feel that some of the absurdities now occurring spring from the bitterness felt with regard to unfair attacks on us. But when I reiterated how fundamentally wrong the Darusman Report had been, one of them asked very simply why we had not refuted it.

3rd narrative - MargaThis failure continues to bemuse me, and the more so now after the Marga Institute produced their Third Narrative, which provides a wonderful opportunity on which government could build. But given the schizophrenia that possesses government, it will not take ownership of this document and flesh it out with details that only government possesses (though perhaps it has again misplaced them, for I had a frantic but informal request from the Foreign Ministry for the Peace Secretariat archives).

One explanation I offered the ambassador was that government simply had no one left who could argue a case intelligently and in good English. A couple of years back, when I told the President to make better use of the professionals in the Ministry of External Affairs, he told me that their command of English was weak. I fear this is a myth of which he has been convinced by those who see themselves as brilliant exponents of the language, having been to elite Colombo schools. The fact that they cannot use the language with sophistication, or respond in a manner those accusing us would take to heart, is not something the President realizes.

But there had recently been an exception, in the form of Chris Nonis, who had given a superb interview on Channel 4. All those I met in London were still full of the way he had responded, which is not something that had happened, they were kind enough to say, since my discussion on ‘Hard Talk’. However I had soon after that been removed from public appearances, except just the once when the President over-rode the blockages of the Ministry and sent me to London to deal with an attack on us organized by Channel 4.

Jon Snow dropped out after my participation in that programme was announced, though it would be too much to assert that was the reason. Conversely, after Chris’ great performance last year, a Sri Lankan station had asked him to participate in a debate with Jon Snow and Callum Macrae, but he had said he wanted me involved as well. The station then abandoned the idea, which I suppose is some sort of compliment. If both Channel 4 and local television would rather avoid me, I can claim to be perhaps the last adherent in government of Mr Bandaranaike’s Middle Path. Read the rest of this entry »

With regard to the collapse of relations with India in the eighties, the reasons are clear enough. If anyone doubted the corrosive effect of President Jayewardene’s Cold War adventurism, the Annexe to the Indo-Lankan Accord makes crystal clear what India feared. At the time the Liberal Party regretted the fact that we should have acknowledged Indian supremacy over our foreign relations, but we also said that, without spelling this out, we should always have acted on the assumption that we could not afford to alienate India. We have also always pointed out that, for its part, when it did not feel threatened, India had usually displayed towards Sri Lanka a generosity and understanding that were not always a feature of its relations with its other neighbours.

Why then have we found India ranged against us at the UN Human Rights Council, in 2012 as well as in 2013? How has it happened that, whereas in 2012 there was no certainty until towards the very end as to how India would vote, in 2013 India was under pressure to make the resolution brought by the US even more stringent?

All this happened despite the fact that, in February 2012, India assured us that she would vote in our favour. Unfortunately, contrary to her request that this be kept confidential, this commitment was promptly trumpeted aloud. There is some uncertainty now about who actually let the cat out of the bag. When I told Mahinda Samarasinghe that he had made a mistake in announcing the fact, which I thought was so that he could win brownie points, in the ongoing battle between him and the Minister of External Affairs, he assured me that he had not been responsible. This is not unlikely, given the massive numbers the Ministry had decided to send to Geneva, all of them generals convinced that they knew best how to conduct foreign policy.

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Razia Iqbal: Why (did) the Govt of Sri Lanka want the UN to go? Was it because you couldn’t protect them or did you have another reason?

Rajiva Wijesinha: Well in fact we didn’t want them to go.  In Sept we asked the NGOs to leave, one of them had actually been supplying vehicles to the Tigers.

We specifically asked, and that letter is available, UNFPA and UNHCR to stay along with the Red Cross.  I’m afraid the then UNDP rep was galvanised by some people who wanted almost to blackmail us to say “No no, if we can’t all stay them we are going to leave”. So the Sec Defence said then leave. But the ICRC stayed right through and we have got all the details of the ICRC interventions during that period.  We also have the UN interventions …

RI: We’re not talking about the ICRC Sir, if I, if you wouldn’t mind …

RW: Hold on let me finish. The UN was there through convoys right through January(2009), and its nonsense to say the UNDP rep didn’t bother – they were very concerned.  I remember my Minister (Mahinda Samarasinghe) being rung up one morning and told that the people in the No-Fire Zone were being fired on, but in the evening they sent us an sms saying their information was that the firing came from the Tigers – I don’t think they were lying, but unfortunately junior members of the UN have complained about their bosses and lied about them

RI: Sir, this internal report of the UN says that under intense pressure from the Sri Lankan Govt the UN did not make clear that a large majority of deaths were caused by govt shelling, and that you put the UN under that pressure

RW: The panels of inquiries have not been transparent. We have got the letters through which the UN dealt with us and I think this is an attempt to undermine senior members of the UN.  I am sorry you can’t share the leaked report with me, but recently I saw something by a Britisher Julian Vigo which quoted young people in the UN – they are liers – for instance I checked with IOM about the person called Suzanne – they said there was no such person called Suzanne …. I’m afraid these people are not only determined to push a political agenda, but they are not truthful – I mean I don’t mind people being anonymous but don’t claim to have a name which turns out to be false.  Why don’t you check with the senior leadership of the UN? I have to say that the Sri Lankan govt has failed because when the Darusman report came out I personally checked – Sir John Holmes had not been contacted, except very briefly initially, Neil Buhne was the UNDP head and worked very well with the Sri Lankans, was not contacted. He can testify that the Tigers did not allow something like 600 Sri Lankan (UN) workers to leave, but at the end of the war all of them were safe – so this is hardly indiscriminate attacks.

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Those who watched the celebration of our servicemen on May 19th told me the President seemed upset when he had to condole with the families of those who had died. Catching glimpses of the march past, I could understand that. But in addition to sorry for them, and indeed for the Tamils too who had died in the last days of the war, and earlier, I was angry too.

The LTTE had to be defeated, and those who laid down their lives for this did not die unnecessarily. So too those who died because of the brutality of the LTTE, the hostage taking, the assassinations, the horrendous tactics such as electrifying water, were victims of a megalomanic mentality, and there is no point in recriminations about Prabhakaran’s brutality, just as there is no point in recriminations about the destructive power of a tsunami. One simply sorrows, for those who died, and for those who suffered, with perhaps some regret that no one had stopped him earlier.

Wikileaks – 09GENEVA584 2009-07-15 09:23 2011-08-30 01:44 CONFIDENTIAL Mission Geneva

But there must be anger about those who contributed to protracted delay, and on May 19th I was thinking of those wicked people who supported the LTTE in the last days, in particular those who contributed equipment to enable them to build up huge defences. These led to the taking of Kilinochchi taking much longer than it should have, with many of our youngsters dying in trying to get over the tall barricades. Worse, it gave the LTTE time to plan and ruthlessly execute the hostage taking that they had determined on, in Prabhakaran’s ‘Gotterdammerung’ vision.

The most horrible contribution to my mind was that of the organization called Norwegian People’s Aid, which allowed over 40 of their vehicles to be used. They did not inform us about them, and only acknowledged what had happened when the Defence Ministry asked. Even then they only admitted to a few, and it was only later that they acknowledged the full force of the aid they had given.

Abandoned earth moving equipment – LTTE bund construction.

They lied to the European Union by pretending that this had happened because we had not permitted any Europeans to remain in Kilinochchi. At a meeting of the Consultative Committee on Humanitarian Assistance they had to admit that this was not the case, and they excused themselves on the grounds that it was only a junior person who had stayed, as though such a person could not count the number of vehicles that the LTTE had taken away.

In Colombo, when what had happened was revealed, there was anger against the Norwegians. This was misplaced. There were no Norwegians in senior positions with NPA, rather it was managed by a conglomerate called Solidar, which was headed by British personnel. The leadership of this was pretty suspect, one Britisher called Peter Sunderland I think, another with several passports called Felipe Atkins, and the spider at the centre of the web a man called Guy Rhodes. There was also Mathew Todd, who was in charge of a German aid agency, who I used to think an innocent computer buff, married as he was to a great friend of mine, until he fled Sri Lanka quite suddenly when it seemed further information was emerging about the activities of the agencies that made up Solidar.

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The following remarks had been prepared in the belief that speakers would have about 10 minutes each. However, speakers were only given a few minutes for a few introductory remarks, the rest of the 45 minutes for the opening section being devoted to answering questions from the Moderator. 

Unfortunately I had no chance to make my introductory remarks since I was asked to respond to what Callum McRae said. I thought this required some analysis, in the time he had taken, but it seemed I was expected to respond only briefly, and then make my introductory remarks. This was made clear only after I had responded, but I suppose Stephen Sackur was doing his best to have debate from the start and could not then give me another chance to put forward some points for response myself. 

So here they are now –

I am grateful to the Frontline Club for this opportunity to engage with at least half the Channel 4 team responsible for such effective attacks on Sri Lanka. I am sorry that Jon Snow dropped out after he heard that I would be attending this event, but I am used to that by now, given the manner in which Channel 4 has consistently refused to engage with me, except when the BBC kindly allowed me to highlight their pusillanimity on the Breakfast Show. The interview that followed I think made clear the sleight of hand in which Channel 4 had indulged, which explains why repeated requests for further live discussion have been turned down.

… the motivations of Channel 4, given the Mutual Friendships that in a more just world would have been identified as conflicts of interests.

What should have been a lively discussion then on media manipulation and media ethics, or the absence of them, has now been transformed. We have only the commercial side of Channel 4, the Golden Dustman adept at turning rubbish into lucre. Interestingly enough, Dickens provides yet another clue to the motivations of Channel 4, given the Mutual Friendships that in a more just world would have been identified as conflicts of interests.

Siobhain Mcdonagh’s Researcher

I am not talking only of the political motivations of Shirani Sabaratnam and Stuart Cosgrove, who actually voted in a preposterous LTTE rump election in this country. I am talking also of the researcher for Siobhain McDonagh who claimed to have supplied Channel 4 with video evidence, who changed his mind about sending me this evidence, doubtless because it would have been obvious that it was tainted. Instead he sent me another video that is so clearly manipulated that he was roundly scolded for engaging with me by his mentors. Much of the information about this is available on http://www.youtube.com/reconcilesrilanka and on my blog www.rajivawijesinha.wordpress.com at the time of the meetings covered in those videos[Part 1, Part 2, Part 3].

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Let me deal first with what they have presented as their most damning evidence, the pictures of the dead body of Prabhakaran’s son. The killing of a child is always shocking and, unlike the celebrated Elie Wiesel, who excused the killing of members of Osama bin Laden’s family on the grounds that ‘it was bin Laden himself who placed them in harm’s way’, I do not think that is in any sense an excuse. We must investigate what happened, and take action if this was execution.

However the manner in which Channel 4 drums up evidence suggests that they are more concerned with vindictiveness towards their enemies than justice. In their anxiety to declare that the boy was tortured, they claim that they have been told this by a Sri Lankan army officer. However, in the transcript they show, it appears that, when they asked this officer how the boy had been treated, he simply responded ‘I got to know at the latter stages that they found out where Prabhakaran is through his son’.

Then there is a description from a pathologist about how he had been killed, a description that uses the word ‘likely’ three times. This uncertainty is compounded in the response to the question Channel 4 posed about torture, having declared that ‘clearly’ whoever killed him was trying to get information.

On January 15th, 2010, U.S. soldiers in Bravo Company stationed near Kandahar executed an unarmed Afghan boy named Gul Mudin in the village of La Mohammad Kalay. He was 15 yrs old.

The answer is categorical that ‘There is no evidence on the body of physical torture’. However, the obliging expert then claims that ‘if we can imagine the situation he was in’, since there were five others ‘who may well have been killed before he was killed’, and (this is now definite in what we can imagine), he was shot ‘by someone standing in front of him with the end of the gun within a few feet of his body, that would be a psychological torture in itself’. In this extraordinarily tentative world in which the Channel 4 expert lives, the alleged torture being characterized by a bizarre indefinite article too, this is enough to claim that President Rajapaksa is guilty. The sequence ends with the claim that, after several hypothetical steps, ‘the legal difficulties of linking the top to the bottom are largely eliminated’.

I should add that this video does not seem, at first sight, to contain many of the flaws of the previous video Channel 4 showed, which was initially dated wrongly (with no explanation given when we showed that the metadata indicated something else), with no editing of fragments in the wrong order with the inclusion of one fragment filmed at a different time and perhaps even a different place according to the reports the UN commissioned, with no purportedly dead figure putting down his legs which led one apparently eccentric expert to declare that is was possible he was drunk or sleeping or playing dead while others were being shot through the head around him. The video of Balachandran’s body – not  actual killing which was shown in the other video, which is bizarrely now connected to this through claims of a pattern – does not seem tampered with, which is why I believe the incident should be investigated. In the other case, it is obviously the video that should be investigated first, and for this we or the UN needs to have the original videos Channel 4 showed, not a copy as happened with the first video, when Channel 4 refused to give what they showed to us or to the UN.

Channel 4 claimed to have received the initial video from a body called Journalists for Democracy, which is the same body that supplied the UN with another copy of that video, but one that differed in salient particulars that we had pointed out. And this time round, to strengthen their case against the Sri Lankan government, it is of course a representative of Journalists for Democracy who is trotted out. Those who do not know the involvement of this group in making the film in the first place would naturally be fooled, but it is sad that governments also refer to Channel 4 approvingly, without bothering to study the sleight of hand that is used. Read the rest of this entry »

The strange case of Peter Mackay

Perhaps the most telling perversions in the latest Channel 4 film come with regard to what is termed its first case study. This ‘begins on the 23rd of January when UN personnel from the last overland food convoy into the war zone became trapped in the fighting’. This is actually not quite correct, because most of Convoy 11 had gone back, but a few people chose to stay behind, contrary to what had been agreed with government, in order to try, it was claimed, to persuade the LTTE to allow UN workers who had been in the Wanni to leave.

The account relies heavily on a man called Peter Mackay, who was subsequently asked to leave Sri Lanka shortly after two individuals who worked for UNOPS, the agency by which he was employed, were arrested for transport of weapons. It should be noted that UNOPS had another employee too who engaged in show and tell, a man called Benjamin Dix who was featured in the first Channel 4 film. He had been doing the rounds attacking Sri Lanka under the aegis of Amnesty International in September 2008, until we complained, whereupon the UN system stopped him in terms of his contract, and the UNOPS head in Sri Lanka actually came into our Ministry to apologize and assure us that the incident would not be repeated. Unfortunately, when it was repeated, with the first Channel 4 film, we do not seem to have taken the matter up, and I suspect we will do nothing now, to make it clear to the UN that characters like Dix and Peter Mackay and Gordon Weiss are abusing the trust the UN placed in them.

Mackay is even more mysterious than the rest, since his name does not appear on the manifest of those who went into the Vanni in Convoy 11. The job description under which he was granted a visa states that he was supposed to ‘support the implementation of the UNOPS reconstruction portfolio in th current and future operational locations of Sri Lanka’. He seems however, according to an article in the Guardian that appeared after he was asked to leave, to have ‘collected high resolution satellite images’ and been part of the network of informants first publicized in the Darusman report which Chris du Toit, the Head of UN Security in Sri Lanka, and a former adviser to the terrorist Jonas Savimbi, had built up. Again, I am astonished and also very sad that the existence of this network was not taken up with the UN, whose senior officials were I believe as much in the dark about such shadowy networks and what they were actually doing as we were.

Mackay, like Gordon Weiss, implies that the remnants of the UN convoy faced great danger from the start. Weiss gives a starting date of January 22nd, Mackay of January 23rd. This is belied by what du Toit wrote to SF Headquarters on the 24th, that ‘I would like to thank you and your staff for excellent support to all the UN movements to date’. After the remnants of the convoy finally left, on January 29th, getting through with an ICRC convoy, du Toit wrote, on the 30th, ‘Many thanks for the close cooperation that my team experience with your staff’.

He did in that letter draw attention to possible danger to the local staff who had been compelled to stay behind, and wrote ‘Reports have been received of artillery fire as close as 100 meters from the hospital’. This is a far cry from Mackay’s sworn statement that ‘Now the closest shells landed a 100 meters from us indicating that they could control the fire if they wanted to’. Mackay thus implies that previously the fire fell even closer, but was adjusted when details of the convoy were conveyed, whereas on the 30th du Toit implies that 100 meters is an aberration that was unusual.

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The American creation of opposites

Over the last couple of weeks Sri Lanka has had to face a number of attacks and critiques, most obviously the latest film from Channel 4, but also reports from both Amnesty International and the International Crisis Group. These focus, often directly, on the resolution about Sri Lanka that has been proposed by the United States of America, and is being lobbied for by that country and some of its allies in an intensive fashion all over the world, in a manner that few countries have had to face.

Why is this? Why did the American Permanent Representative here tell ours last September that, whether or not the LLRC Report was a good one, they would get us this time round? Perhaps she spoke in the heat of frustrated persuasiveness, perhaps she was misunderstood, but this intensity is strange, and seems immensely at odds with what the resolution is presented as, namely a way of supporting Sri Lanka in its efforts at Reconciliation after several decades of brutal conflict.

The actual wording of the resolution however belies that claim, as Sri Lanka’s most accomplished student of foreign policy, as well as one of its best diplomats, Dayan Jayatilleka, made clear in his recent deconstruction of the resolution. It not only asserts that the Report of Sri Lanka’s Lessons Learnt and Reconciliation Commission is inadequate, it flouts all principles of the United Nations and the principles of this Council in trying to impose external mechanisms on a country that is simply suspected of not doing all that others want it to do.

The absurdity of the allegations now being advanced is strengthened by the way in which goalposts have shifted over the years. Whenever one query is satisfied, another is produced in its place. Those who were at the Human Rights Council in May 2009 will remember the allegations being made at the time that several European countries had demanded a special session because they were worried about the fate of the Tamils of the Wanni who had been displaced by the conflict, and about the future of former LTTE cadres. This concern was belied by the assertion in the House of Commons by the then British Foreign Minister, David Miliband, that the special session was meant to be about war crimes, a startlingly hyocritical statement from a government that had cooked up evidence about Weapons of Mass Destruction and driven a brave scientist to suicide, if that indeed is how he died, when he tried to expose the deceit.

We have now resettled all the displaced, more quickly than in any similar situation elsewhere in the world, and rehabilitated nearly all former cadres, but the persecution continues. Later we were told that the LLRC could not be trusted because it had been appointed by government and included individuals whom some elements in the international community thought untrustworthy. Then, when the LLRC produced a sharp and potentially very productive report, which was welcomed with few reservations by almost all countries except the United States, we are told that we will not implement it.

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The latest Channel 4 film on Sri Lanka dwells on four points, most of them expanded versions of what it claimed previously. Once again, actual evidence in the form of documents dating from the period concerned, indicate how selective it is.

Channel 4, following the Darusman report, talks of bombardments on a UN camp from January 23rd on. Unlike Gordon Weiss, who mentioned the same incident but without a date, attributing information to retired Colonel Harun Khan, from the UN Secutiry Office, Channel 4 now finally mentions its purported informant, an Australian called Peter Mackay.

There was no Peter Mackay in the list of those going on the convoy supplied to the army. Apart from Harun Khan, the only UN officer supposed to be in the convoy was a local employee called Mr Suganthan.

In contradiction it seems of the Channel 4 claim, the UN Security Chief wrote to the Security Forces on January 24th as follows – ‘I would like to thank you and your staff for excellent support in all the UN movements to date’ (it must be noted that Harun Khan had stayed behind without authorization, when the rest of the convoy left on January 20th, in order to persuade the LTTE to let local staff who were working in the Wanni leave).

Another letter of du Toit’s of January 31st, after Harun and his small group had got to safety, joining an ICRC convoy on January 29th as suggested by the army when the LTTE was delaying their escape, reads as follows, with regard to the local staff, ‘My office is keeping the SF HQ regularly updated as events unfurl on the battle field in their immediate vicinity and I can report that we are most pleased with the professional response and cooperation with SF HQ.’

So who was Mackay, where did he come from, and where did he get his footage? He may well have been there, but the fact that his presence was never informed to officials is suspicious in itself, given too his position at UNOPS which had had a number of staff with LTTE sympathies, for whom the UNOPS head had apologized (for instance Benjamin Dix whom Amnesty had taken round Geneva in a show and tell performance during an earlier sessions of the UN Human Rights Council).

It should be added that the deaths of civilians occurred largely because of the strategy of using civilians as human shields, and then fighting from amidst them. We were aware of this from the start, given the evidence of the Bishop of Jaffna who wrote on January 25th that ‘We are also urgently requesting the Tamil Tigers not to station themselves among the people in the safety zone and fir their artillery shells and rockets at the Army’.

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Rajiva Wijesinha

February 2017
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