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My sister, who has a healthy regard for Ranil Wickremesinghe, was deeply upset when I resigned from my Ministerial position and made it clear that I thought Ranil was largely responsible for the betrayal of the ideals and promises contained in the manifesto on which the President had been elected. The conclusion she came to was that I was impossible to get on with, and had lost all my friends.

She said this to my driver, claiming that the only people I was close to were Nirmali Hettiarachchi and himself. He said she had a catch in her voice, and seemed very worried for me. But the names she gave me when I asked her whom I had alienated were so ridiculous, that I realized she had a very strange idea of my social life. I was reminded then of Trollope’s Lady Laura, whose love for Phineas Finn was absolute, but who never, Trollope remarked, thought of what Phineas might want when making plans on his behalf.

For I am very much a solitary person, and the members of Colombo’s social elite whom she mentioned had never figured large on my list of people I want to spend time with. They were all nice enough, and I liked the interactions I have had with them. I was sad since, from what my sister said, I assumed the two who were close friends of hers had expressed some animosity towards me. But this was obviously the result of a strong stand I took with regard to the devious behavior against Sri Lanka’s interests of someone they were both devoted to, so I did not think I needed to bother too much.

The third person she mentioned was someone I had long lost touch with, and in any case I had only had interacted with him previously, and not to any appreciable extent, because of a close connection to a couple I still love dearly. Ironically, when I inquired about him I was told that there had been a great falling out there, which I realized my sister too knew nothing about. Her judgments seemed then based on preconceptions rather than attention to the facts. Read the rest of this entry »

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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I have refrained thus far from getting involved in the debate over the Geneva Resolution for a number of reasons. One is a commitment to finalize a few books, and in particular an account of what Sri Lanka did right, in winning the war, and then did wrong in losing the peace.

Secondly, I had long felt that the last government was destroying the country by its ostrich approach to the allegations made against us. As I told Al Jazeera on the day I expressed publicly my support for the Maithripala Sirisena candidacy, when hardly any one else who was part of the previous government took the plunge, I felt that a continuation of the Rajapaksa Presidency would lead to disaster. I was glad someone who had stood foursquare behind the President during the war years was the challenger, because while I hoped he would correct the faults that had arisen after the war, I assumed he would stand by the achievement of the first Rajapaksa Presidency in eradicating terrorism from Sri Lanka.

I was deeply disappointed that the new government did not embark on the reforms it had promised, and also disappointed that it did not move swiftly towards transparency on the question of accountability. I proposed at my first Parliamentary Group meeting that we should publish the Udalagama Commission Report, because I believed its findings would make clear that our judiciary was perfectly capable of conducting a credible inquiry. I had also long argued that justice needed to be done for the boys killed in Trincomalee, and had repeated urged the President to ensure that indictments were made.

The Prime Minister said he would look into the matter, but it was not even minuted – as opposed to mechanisms to find vehicles and provide jobs for supporters – and after I left the group it was forgotten. The same seems to have happened to the Paranagama Report, to which, belatedly, the Rajapaksa government had added value through the advice of international lawyers who were aware, unlike the Foreign Ministry, of the danger of the charges made against us.

Just as, alone of Parliamentarians, I had two years ago signed a petition about the killings at Weliveriya, I signed this year a petition asking the President to ensure that justice was done to our forces by publicizing the Report. While I had no doubt that, like the LLRC, it would demand accountability with regard to events as to which there was prima facie evidence of abuse, it would make it clear that the worst charges against us were incorrect.

Sadly my detailed defence of the errors in the Darusman Report was completely ignored by decision makers in the last government, except for the one person who understood the importance of our image. When nothing was done and we subscribed to a resolution that detracts from the very principles on which the UN had been established, I feared that the same lack of intelligence was now affecting our decision makers and those advising them. The consequences to the country will be equally disastrous. But to go on telling decision makers they are being silly did not help in the last few years, and I did not think one should continue beating one’s head against yet another brick wall.

However what seems to be subterfuge in Parliament makes me wonder whether I am wrong to assume just incompetence, and whether I should worry about an agenda that will strip this country of all self respect. After all, eight years ago, I recall those now in authority trying to stop our defeat of terrorism by invoking foreign assistance.

I have therefore engaged in some study of the issues through experts on the subject, and would like to bring the following facts into the public domain, through a simple question and answer exercise –

  • Question 1:

Do you accept the statements made by the Government in relation to the 1st and 2nd mandate reports issued by the Presidential Commission to Investigate Missing Persons, otherwise known as the Paranagama Commission?

  • Answer :

No, because the statements made are misleading, and in large measure lacking in truth.  They strike at the very heart of good governance, especially when Parliament and the country as a whole are seeking to discover the truth.

It is essential that the Government briefs Parliament correctly about the various allegations made against the Government of Sri Lanka and our Armed Forces by two key UN reports known as the “Darusman Report” and the “ OISL Report”.  The Government also has the duty to inform the nation about what it has committed to implement in terms of a judicial mechanism in the co-sponsored UN resolution.   The fact that these important reports were not translated into our National languages Sinhala and Tamil, and also there was no effort made to make them available widely, through both the release of an electronic soft copy version of it and printed versions, appears to be a deliberate strategy to keep the public in the dark.

The Government failed during the Parliamentary debate to truthfully point out the positive aspects of the recommendations contained in the 2nd mandate report of the Paranagama Commission and how the conclusions of the international experts consulted by the Paranagama Commission have exonerated the armed forces of Sri Lanka from the suggestion of “genocide” that maligned our country after the release of the Darusman Report.   The Paranagama Report also refutes the crimes against humanity charges against Sri Lanka.

  • Question 2:

Is it true or false that the Paranagama Commission recommended a hybrid court similar to the Gambian Model to be implemented in Sri Lanka as suggested by the Government?

  • Answer:

It is false.    The Paranagama Commission’s Second Mandate report that was tabled in Parliament proposed ONLY a pure domestic mechanism and not a hybrid court.  Under Chapter 8 of the Report, paragraph number 625 and 626, it explicitly explains this mechanism.

In order to deal with an accountability mechanism suitable to Sri Lanka, it was incumbent upon the Commission to embark upon a review of measures taken in other countries before proposing a specific mechanism for Sri Lanka.

In paragraph 624, the Paranagama Commission lists out several different options available to the Government to consider, providing a review of all the mechanisms.   In paragraph 625, the Paranagama Commission sets out the proposed mechanism under the sub-heading “Proposed Mechanism”.   The Mechanism that the Paranagama Commission had recommended here is wholly domestic and coupled with a TRC that makes it a unique mechanism for Sri Lanka.

Thus the reference to the Gambian example being advocated by the Paranagama Commission is  misleading,   especially when a clear mechanism, purely of a domestic kind, without foreign judicial intervention of any kind had been proposed by the Paranagama Commission.

In Paragraph 616 of the Report, The Commission says “In the event Sri Lanka was to set up a purely domestic tribunal without the participation of any foreign judges, it is the view of the Commission, that there should be international technical assistance and observers”. International technical assistance does not equal foreign judges sitting in judgement over Sri Lankan citizens.

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by Shamindra Ferdinando

qrcode.30456176Today, the electorate is at a crossroad with twice-president, Mahinda Rajapaksa, launching a new movement to form a government, at the Aug 17 parliamentary polls. A confident Rajapaksa launched his parliamentary polls campaign at Anuradhapura where he vowed to overcome the Maithripala Sirisena-Wickremesinghe combination. The pledge was made at the largest ever gathering in the historic city, where Rajapaksa recalled ancient kings had defeated foreign invaders. The war-winning leader alleged that the present Yahapalana government had destroyed, within six months, what his administration had achieved since the conclusion of the war in May, 2009. The former President asked what would have happened if the Maithripala Sirisena-Wickremesinghe administration had continued for five years. Since the change of government, in January consequent to Rajapaksa’s defeat, some of those, who had switched their allegiance to the then common presidential candidate, Maithripala Sirisena deserted the new administration. Having joined Yahapalana project, late last November, Liberal Party Leader and State Education, Prof. Rajiva Wijesinha, quit the administration in March. The UPFA included Prof. Wijesinha, in its National List submitted to the Elections Secretariat on July 13, hence making him a key element in Rajapaksa’s team.

Full text of an interview with Prof. Rajiva Wijesinha

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qrcode.30291555Many who supported Maithripala Sirisena during the last presidential campaign felt that handling of foreign relations by the previous government had been inept. In particular, it seemed that relations with India had deteriorated, sadly so given how solidly India had supported us during our war against terror. Though the then president seemed positive about India, those around him seemed to sidestep any commitments he made, while there was clear evidence of an active effort to destabilize relations.

This happened when he was almost persuaded to cancel a meeting with the leader of an Indian parliamentary delegation, Sushma Swaraj, now India’s foreign minister. That disaster was averted but the anti-indian lobby in the foreign ministry managed in the media to blame India for the debacle that had occurred in Geneva. A resolution critical of Sri Lanka, introduced by the West, had passed, with India voting in favour. But we were told that we should now go back to our traditional foreign policy of friendship with the West, since others were unreliable.

This policy was not at all traditional and only dates back to the aberrations of the eighties, when then president J.R. Jayewardene became an enthusiastic Cold Warrior and thought his alliance with the West was secure enough to withstand Indian displeasure. He even tried to invoke the 1947 Defence Treaty with Britain – and I am told Mrs Thatcher, whom he supported over the Falklands, was inclined to agree – but the British Foreign Office refused.
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Sneezy 5Tamara’s success in averting a resolution against us at the Human Rights Council in Geneva in September 2011 was not however to be repeated the following year. She had no say in the massive delegation that was sent, and the strategy to be followed. Though by then I had met her and liked her, even though she had also called asking me to be present at the sessions in March, I refused when the President first asked me, and was able to cite another commitment. But I did suggest to the President that he send Jeevan and Javid Yusuf, who had been a long-standing member of the SLFP and had served as our ambassador in Saudi Arabia at one stage. They both went, and the former established a close friendship with Tamara.

When the President asked again I could not refuse. Jeevan told me that he had suggested taking the draft of the LLRC Action Plan to Geneva, but been told it was not ready. While I was in Geneva I asked Mohan whether I could look at the draft, but he told me it was confidential. I asked then if he would show it to me in his presence, whereupon he said that he was doing it with the Foreign Ministry, and I should ask the Foreign Minister. I did so, whereupon G L Peiris said, ‘What draft?’

I could only deduce that Gotabhaya had told them not to bother, and GL had assumed that this was the President’s view too. Mohan however undoubtedly knew the real situation, and therefore continued to deceive the President about progress while, as with the LLRC interim recommendations, ignoring his instructions. So three months after the LLRC had reported, we had evidently done nothing to take matters forward.

After the resolution was passed, the President entrusted formulation of a plan to his Secretary, who invited Mrs Wijayatilaka, who had been doing yeoman service on the Human Rights Action Plan Task Force that I convened, to assist. The President had also indicated that Civil Society representatives should be asked to contribute, and Jeevan and a couple of others were accordingly invited to one of the first meetings.

When Mohan came in and saw them, he walked out immediately. He had it seems objected, and though they stayed for that meeting, they were not invited for any others. When I asked Lalith Weeratunge about this, he told me that it had been decided the plan should be drafted only by government officials. Mohan it should be noted was not in fact an official, since he had retired by now as Attorney General, but I suppose his leading role was in terms of his most recent appointment, that of Legal Advisor to the Cabinet, clearly a consolation prize since he had not been made Chief Justice as he had hoped. But his authority was such that, contrary to the President’s instructions, Jeevan and the others were left out after that. Lalith assured me though that they would be invited to serve on the Task Force to implement the plan.

Within a couple of months Lalith’s committee had produced a draft which he showed me, saying that he would be putting it to Cabinet the next day. He anticipated no difficulty about having it adopted. I thought it pretty good, and recognized Mrs Wijayatilaka’s footprints all over it, in particular in the inclusion of Key Performance Indicators, a pet requirement of hers while at the Ministry of Policy and Plan Implementation. I rang her then to congratulate her on her work, only to be told that she had no idea the draft they had been produced had been accepted and would be going to Cabinet. Read the rest of this entry »

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Sajin Vas Gunawardena … was able to serve the President in a variety of ways

Undoubtedly the most bizarre of the characters who influenced the President in the period after the election of 2010 was Sajin Vas Gunawardena. He was not a relation, and he did not have the professional or academic credentials of the other characters discussed here. Indeed he had hardly any qualifications but, ever since Mahinda Rajapaksa became President, he occupied positions of trust and responsibility.

qrcode.26301045It was claimed that the reason for the confidence the President reposed in him was because, while a clerk in the Middle East, he had helped the President with the technology during a presentation that might otherwise have been a disaster. But it is also likely that, after they thus became acquainted, he was able to serve the President in a variety of ways that commanded his affection and his confidence.

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Mihin Lanka …rapidly lost a lot of money, though Sajin himself became very wealthy

The first escapade in which he was involved under a Rajapaksa Presidency was the setting up of a budget airline. Called Mihin Lanka, in honour of Mahinda, it rapidly lost a lot of money, though Sajin himself became very wealthy during his tenure in office. Before long Mihin Lanka was handed over to Sri Lankan Airlines to be managed, and the losses of both together – the Board of the latter chaired by the President’s brother-in-law Nishantha Wickremesinghe – continued a drain on public funds for many years.

I first came across Sajin when I was appointed to head the Peace Secretariat, and was told that he was the point of liaison between the Secretariat and the President’s Office. In fact he had no interest in or understanding of our work, and I liaised mainly through the President’s Secretary Lalith Weeratunge, though in those days I generally had immediate access to the President if this was needed.

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Sajin wanted his importance to be recognized, and resented anyone else who had a direct link to the President

I met Sajin early on in my tenure of office, and then hardly ever again, though he came I believe to the opening of the new office which had been built for us in the premises of the Bandaranaike Memorial International Conference Hall. When we were deciding on the allocation of rooms in that office, my Director of Administration suggested we keep a room there for the use of Sajin. This seemed to me unnecessary, particularly as the room he suggested was the second best in the building. I thought it should go to my Deputy, a retired Tamil ambassador named Poolokasingham, whose stature I thought needed to be established. I told the Director that, since Sajin had not come to the office for a long time, all we needed to do if in fact he wanted a room was to set aside one of the smaller rooms at the end of the main corridor. I heard nothing more after that about that particular suggestion, and I think the Director was secretly relieved, though he had thought it was his duty to keep Sajin happy and thus prevent any recriminations against the Secretariat in general, and me in particular. Whether this contributed to his later animosity against me I do not know, but the experience of our High Commissioner in London, Chris Nonis, indicated that Sajin wanted his importance to be recognized, and resented anyone else who had a direct link to the President.

27

… one of the young MPs in the group around Namal Rajapaksa

But way back in 2007, Sajin was more interested in his own political career, and during the next couple of years he was elected to the Southern Province Provincial Council. Then, in 2010, he got nomination for the Galle district for the Parliamentary election, and did reasonably well. In Parliament he was one of the young MPs in the group around Namal Rajapaksa but initially he had no executive responsibilities.

All that changed with the realization that the Ministry of External Affairs was in a mess, and he was appointed to be its Monitoring Member of Parliament. That was the only serious Monitoring MP position, and one heard hardly anything of the few others who had been appointed, until that is Duminda Silva, attached to the Ministry of Defence, was involved in the death of Bharatha Premachandra, another SLFP politician from the Colombo district.

Read the rest of this entry »

Moving forward India SLText of a presentation by Prof Rajiva Wijesinha

At the Maulana Abul Kalam Azad Institute of Asian Studies, Kolkata

At an international seminar held on November 6th and 7th 2014 on

An Appraisal of India’s Neighbourhood Policy: Way Forward

 

In the period leading up to the victory over the terrorist Tigers of Tamil Eelam in 2009, India and Sri Lanka enjoyed an excellent relationship. It was clear that, despite the opposition of politicians in Tamilnadu, India was supportive of the military initiatives of the Sri Lankan government. More importantly, it assisted Sri Lanka in dealing effectively with the efforts of some Western countries to stop the Sri Lankan offensive, and then to condemn it after the military success of May 2009. This was most obvious in Geneva, where the Indian Permanent Representative, together with his Pakistani counterpart, comprised the negotiating team that accompanied the Sri Lankan Permanent Representative, Dr Dayan Jayatilleka, into discussions with Western nations that had wanted a resolution critical of Sri Lanka.

Since then the relationship deteriorated. In 2012 India voted in favour of a resolution put forward by the United States that was strongly critical of the Sri Lankan government. And though much aid and assistance was given to Sri Lanka for reconstruction after the war, India seems to feel that this is not properly appreciated – as evinced by recent remarks by the Indian High Commissioner.

Conversely, a response to his speech in a Sri Lankan newspaper displays even great angst, culminating in the complaint that ‘In the more recent past, India repeatedly voted against Sri Lanka at the UNHRC in Geneva whereas in view of India’s domestic political constraints, all India had to do was abstain which Sri Lanka would have appreciated immensely.’ Before that there had been a catalogue of the support offered in the eighties by India to terrorist movements in Sri Lanka.

That support is a fact, and India must recognize not only the damage done to Sri Lanka by its support for terrorists in the eighties, but also the continuing exploitation of that support by forces in Sri Lanka that I would describe as racist. But Sri Lanka too must recognize that those actions were committed thirty years ago, and also that there were reasons for India to behave as it did. Though I think it is important to affirm the moral principle that assistance to terrorists is totally beyond the pale, we have to understand that India felt threatened at the time by the hostility evinced by the United States during the Cold War period.

When the government of President J R Jayewardene abandoned Sri Lanka’s traditional policies of Non-Alignment and close understanding with India, to the extent of offering facilities in Sri Lanka to a country that made no secret that India was the principal target of its military adventurism in the Indian Ocean, India reacted aggressively. As your current Deputy National Security Adviser, Mr Gupta, put it succinctly, though such a response was not justifiable, it was understandable.

This was in the context of an attempt by one of his subordinates at the Institute of Defence and Strategic Analysis to defend Indian support for terrorists. I appreciated Mr Gupta’s forthrightness at the time, and I believe this should be shared by Indian analysts of the current relationship. At the same time it is even more important that Sri Lankan analysts, such as they are because we do not have a tradition of intellectual rigidity, recognize the seminal damage done to the relationship by the adventurism of the then Sri Lankan government.

The current Sri Lankan government must also recognize that today, thirty years later, India might be worried by what seems total commitment to China. I do not think this is what China wants, and I do not think any serious thinker in Sri Lanka would argue that the relationship with China must be developed with no regard for Indian sensitivities. But sadly Sri Lanka currently has no coherent foreign policy, and the practices and pronouncements of many of those in positions of influence create the impression that we are putting all our eggs into the China basket. This impression is fuelled by the United States, ironically so, given that in the eighties it saw China as a tool to be used against its great enemy at the time, the Soviet Union, with which India was closely allied. Read the rest of this entry »

happy 1During the conflict period, relations with India had been handled not by the Foreign Ministry, but by three trusted confidantes of the President. These were his Secretary, Lalith Weeratunge, and two of his brothers, Gotabhaya Rajapaksa and Basil Rajapaksa. These two, both younger than the President, were neither of them Ministers at the time (as opposed to the oldest brother, Chamal, who was a long standing member of Parliament and a senior Minister). It was the two younger brothers however who were considered the most powerful members of the government. Gotabhaya was virtually a Minister in fact, since he was Secretary to the Ministry of Defence, with the President being the Minister, and leaving most of its running to him.

Basil_Rajapaksa

Basil Rajapaksa … succeeded in bringing life in the East back to relative normality.

Basil at the time was a Member of Parliament, but his executive responsibilities were informal, arising from his chairing the Task Forces that were responsible for reconstruction of the East (which had been retaken from the Tigers fully by 2007) and later of the North. He was an extremely hard worker, and had managed, well before the Tigers were destroyed, to have succeeded in bringing life in the East back to relative normality. His technique had been massive infrastructural development, and the connectivity that was restored to the East had enabled its full involvement in the economic life of the country.

Late in 2008 he was appointed to chair what was termed a Presidential Task Force for the North. This was expected initially to make arrangements for the care of the internally displaced, most of whom were being held hostage by the Tigers at that time. Over the next six months they were driven into more and more restricted areas in terms of the Tiger strategy of using them as a human shields. This made the task of the military extremely difficult, but in the end, when the Tigers were destroyed, nearly 300,000 civilians were rescued, and taken to what were termed Welfare Centres.

Though there were complaints at the time about conditions in the camps, they were comparatively speaking much better than the lot of most displaced persons in such conflicts. Health services were excellent, and within a few days mortality figures had stabilized. Food supply and distribution was competently handled, and soon enough educational services too were made available.

Still, there had been much confusion initially, and this contributed to the feeling that government had been callous. More serious was the charge that government had wanted to keep the displaced in what were termed internment camps, and did not wish them to be resettled soon in their original places of residence.

Sarath_Fonseka_at_Ananda

Changing the demography of the North may have been the plan of a few people in government, and in particular the Army Commander

Changing the demography of the North may have been the plan of a few people in government, and in particular the Army Commander, who had wanted to increase the size of the army when the war ended, probably because of a belief that Israeli type settlements were the best way of preventing future agitation. But this was certainly not the view of the President, who from the start urged swift resettlement, and hoped that the fertile land of the North would soon provide excellent harvests. And Basil Rajapaksa certainly wished to expedite resettlement, as I found when I once wrote to him suggesting that this was proceeding too slowly.

This was in August 2009, three months after the conclusion of the war, and he called me up and sounded extremely indignant. He declared that he had said he would perform the bulk of resettlement in six months, and he intended to do this, give or take a month or two. He had done a similar task in the East, and I should remember that a commitment of six months did not mean half in three.  In fact he started the resettlement soon after, though there was a hiccup, in that many of those sent away from the main Welfare Centre at Manik Farm in Vavuniya were then held in Centres in the District Capitals through which they had to transit.

I was in Geneva at the time, at the September 2009 session of the Human Rights Council, and for a moment I wondered whether the allegations that were being flung around, that we had started the Resettlement to pull the wool over the eyes of the Council, were true. Basil it turned out was nowhere to be found, a practice he often engaged in when upset, going back to the United States where he had been settled when his brother was elected President.

However Jeevan Thiagarajah, head of the Consortium of Humanitarian Agencies, that had worked very positively with the government, went up to Jaffna to check, and informed me that the Special Forces Commanders in the Districts had been asked to subject those being resettled to another security check. But they assured him that they proposed to do this very cursorily, and would send them to their places of habitation within a day or two. What was left unsaid was who had ordered the second check, but I assumed this was Sarath Fonseka, in pursuit of his own agenda – and this was confirmed by the irritation he was later to express in writing to the President, about the Resettlement programme going ahead more quickly than he had advised. Basil, I realized, had felt frustrated, and gone away, but his intentions were carried out by the generals in the field, who were on the whole much more enlightened than Fonseka. Read the rest of this entry »

 

Rajiva Wijesinha

August 2017
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