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The latest pronouncement of the UN High Commissioner does not bode well for Sri Lanka. The immediate reason for this is the impeachment of the Chief Justice, but if reports in the papers a couple of weeks back are inaccurate, she has been simmering for some time.

It was reported that she had sent a letter suggesting visits by what are termed Special Procedures, but the response she had received had ignored this and simply suggested that she visit us soon. We knew at the last meeting of the Inter-Ministerial Committee to implement the National Human Rights Action Plan that there had been a letter, but what was being done was not made clear.

This seemed a bit hard on Minister Mahinda Samarasinghe who has been the ministerial envoy to the Human Rights Council for well over half a decade now. It would obviously make sense to keep him in the loop, and indeed consult him about our official position but, as I have noted before, coordination is not something common in Sri Lanka.

This is particularly hard on him now, because he has lost his principal ally in recent years in dealing with problems in Geneva. Mohan Pieris began to join us in Geneva in Dayan Jayatilleka’s time even before he became Attorney General, and continued to attend every session since then, including when Mahinda Samarasinghe was not deployed. He was obviously a crucial player when he was Attorney General, and perhaps even more so afterwards, when he chaired the Inter-Ministerial Committee to implement the Interim Recommendations of the LLRC, and now that he has been in virtual charge together with the President’s Secretary of the LLRC Action Plan. However as Chief Justice he will probably not be able to be on the delegation, which will be tough on Minister Samarasinghe.

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UN buildingThe revelation by the Darusman Panel that the UN had networks of observers in ‘LTTE-controlled areas’ has not received the attention it requires. The propriety of the UN setting this up needs to be questioned, inasmuch as it indicates what seems to be a parallel source of authority without reference to the government of the country.

The extract that refers to this network also records how it was formed: ‘An internal “Crisis Operations Group” was formed to collect reliable information regarding civilian casualties and other humanitarian concerns. In order to calculate a total casualty figure, the Group took figures from RDHS as the baseline, using reports from national staff of the United Nations and NGOs, inside the Vanni, the ICRC, religious authorities and other sources to cross-check and verify the baseline. The methodology was quite conservative: if an incident could not be verified by three sources or could have been double-counted, it was dismissed. Figures emanating from sources that could be perceived as biased, such as Tamil Net, were dismissed, as were Government sources outside the Vanni’.

The sweeping manner in which Government sources outside the Vanni are put on par with Tamil Net requires consideration in a context in which the UN is supposed to be working together with Government. Unfortunately this type of loose talk was encouraged by a lack of precision of the part of various agencies in Government. I have written enough about the battle I had almost single handed to ensure accountability to Government, only to be criticized for this even by people in government who thought I was upsetting good helpmates of Sri Lanka. So here I will only point out the effrontery of the European Union which had prepared ‘Modes of Operation for Aid Agencies’ which asserted that such agencies held the balance between Government and the LTTE. I got rid of this nonsense the week after I took over as Secretary, after which the Europeans lost interest in the Modes of Operation.

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Rajiva Wijesinha

October 2019
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