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Much of this series has been about my personal travels, and the slow but steady dissolution of the world I had known. To dwell only on these would however give a misleading impression of what occupied me most during the years from 2012, when I began to realize that my efforts to promote reform were getting nowhere. But that realization took time to crystallize and, in the period when I continued in Parliament on the government side, I tried hard to effect some changes.

It was something I felt that the National Human Rights Action Plan, which we had begun drafting when I was Secretary to the Ministry of Disaster Management and Human Rights, was finally adopted by Cabinet. There was no Ministry of Human Rights following the 2010 election, and it became clear that the Ministry of External Affairs, to which in theory the subject had been entrusted, was neither competent nor concerned. Minari Fernando, the Consultant we had taken on to draft the plan, found it impossible to work from there, but fortunately Mohan Pieris, as Attorney General, took on responsibility, though he was too busy to attend meetings and I had to do most of the work. But he allowed the more able members of the Department such as Yasantha Kodagoda to contribute, and with yeoman service from Dhara Wijayathilaka and Hiranthi Wijemanne, who had been deeply involved in improving the lot of women and children for many years now, we got a good draft together.

After it was adopted, Mahinda Samarasinghe, who had been made the President’s Special Envoy on Human Rights when the failure of the Foreign Ministry became obvious, was appointed to chair an Inter-Ministerial Committee on implementing the Plan. That did not I think ever meet, but he appointed a Task Force to expedite implementation, and asked me to help. By then I had realized how insincere Mohan Pieris was, so I told Mahinda I would do this only if I chaired the Task Force. Mohan was clearly upset, and said at the meeting at which Mahinda asked me to take over that I could be a bloody nuisance, but he made no further objection, and for a few months we were able to work towards consensus on many issues.

But before long it became clear that, to expedite action, we needed a dedicated Ministry as we had had before. Though Secretaries to Ministries seemed most cooperative, in particular the Secretaries to the Ministries of Land and of Women and Children’s Affairs, the representatives they sent to meetings could not ensure follow up. In some cases there was vast confusion about who was responsible, given the proliferation of Ministries, and the plethora of Departments within Ministries. We also had to cope with a very conservative Ministry of Justice, which seemed determined for instance not to repeal the horrendous Vagrants’ Ordinance, on the grounds that that was the only way to control prostitution. The fact that it was used to remand women at will, with no provision for checking on their fate, while prostitution flourished in various forms, was ignored. Read the rest of this entry »

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Doc 4When Neelan was assassinated, it was initially assumed that Jeevan Thiagarajah, a younger protégé to whom he had become increasingly close, and whom he had seen as his chosen successor, would take over. But Radhika came to a swift arrangement with Neelan’s widow Sithy, and between the two of them they ran ICES for the next few years. Sithy was given unlimited access to ICES funds and resources, and the finances suffered terribly. Radhika’s lame excuse when the problems were laid bare was that she had merely signed whatever the Financial Director laid before her, and it was only after she left that she realized he knew little about finance.

In 2006 Radhika took up a UN assignment but ensured that someone she had herself selected, Rama Mani, who was very much on the international NGO circuit, succeeded her as Executive Director. Rama managed to alienate most of the researchers at ICES and evaded queries about financial problems until finally Kingsley de Silva, who was still Chairman of the Board, dismissed her.

At this point all hell broke loose. Apart from the efforts at blackmail of Angela Bogdan, Radhika weighed in heavily from New York on Rama’s behalf, while Rama even got the UNDP Regional Director to sign a petition asking for her reinstatement. This turned out to be under false pretences, and he retracted apologetically, while in New York, after much complaining, Radhika agreed with the Secretary General that she would give up her continuing involvement with ICES, which she should indeed have done when taking up a UN involvement.

My own deep worry about ICES had begun when Gareth Evans, who had chaired the Committee that developed the R2P concept, had been invited by Rama to deliver the Neelan Tiruchelvam memorial lecture, and had engaged in wild attacks on the Sri Lankan government. Having refrained from any mention of who had killed Neelan, he basically suggested that the Sri Lankan government, while engaged in excesses in its efforts to suppress the Tigers, was essentially racist and becoming ripe for R2P intervention.

Gareth came to see me afterwards and I challenged his claims, in particular his assertions that there had been genocide and ethnic cleansing in Sri Lanka, conditions which warranted exercise of R2P. The only instance of the former he could mention was what had happened in July 1983, and he granted that that was no reason for evoking R2P now. With regard to the latter, he could not remember his reasons for the claim, and had to turn to his assistant, Alan Keenan, who had worked for ICES and developed an insidious interest in Sri Lanka which he now exercised on behalf of the International Crisis Group which Gareth headed.

Keenan sanctimoniously referred to the expulsion of Muslims by the LTTE, which had happened in 1990. Neither the date nor the perpetrators had been mentioned in Gareth’s speech, which made clear the sleight of hand involved. I mentioned that there was other shoddy work in the speech, and he agreed to respond when I had written to him about this, but needless to say, I never received any answers.

Interestingly enough I met Gareth again the following year, in Geneva, and I reminded him that he had not responded. He first claimed to have done so, and then changed his stance and said that he had been told I was a difficult person to deal with. I was flattered, that a former Australian Foreign Minister should be nervous of me, but I persevered, and he told me to write to Alan again with the questions. Obviously this time too there was no response. Read the rest of this entry »

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 »

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 »

MargaPresentation at the Colloquium of MARGA & CHA : Re Narrative iii-Last Stages of the War; A Private Sector Perspective

Let me start with a paradox. This is an extremely impressive book, but I find it woefully depressing. It has been put together, according to the introduction, by three patriots who are also strong adherents of pluralism and the rule of law. Godfrey Gunatilleka is, as Dayan Jayatilleka once described him, arguably the best intellect in public life, Asoka Gunawardena is the most balanced and practical of administrators, and Jeevan Thiagarajah combines unparalleled energy in the service of his country with wide ranging knowledge of what happened in various spheres during the conflict.

Why then am I depressed? There are several reasons for this. The first is very simply that it comes far too late. Second, it requires fleshing out through details which are only available with government. Third, it leaves unstated the need for immediate action by government in the spheres in which it is unable to refute allegations made against the country. Fourth – and I cannot believe that the main writers were responsible for this, given the very different perspective Godfrey put forward in the television interview – it seems to swallow wholesale the allegations against the UN leadership in Sri Lanka made by the Petrie Report. Finally, it leaves out one group of significant actors, namely those who have contributed heavily to the Darusman Report, if we are to believe Wikileaks: I mean the NGO representatives who produced evidence against Sri Lanka.

For these reasons, the fourth and fifth sections of this book are weak. The first two sections are very strong, and provide an object lesson to the Sri Lankan government as to how it should have dealt with the allegations in the first place. The third section is well argued, but its main point is weakened by the failure to affirm forcefully the need for a credible internal inquiry with regard to the treatment of surrendees. In this regard the book is less balanced than the Lessons Learnt and Reconciliation Commission Report, which is surprising since its rationale is that of a middle way between that and Darusman.

With regard to the first three worries I have, the first could be compensated for by prompt action now on the part of government. But given the hamfisted way in which government dealt with the Darusman Report in the first place, I do not think anything more will be done. It seems incredible now that the government responded to allegations against it by producing a narrative that did not address those allegations. But, pace the book’s erroneous claim that the Ministry of Defence’s account of the humanitarian operation preceded the Darusman Report, the fact is that, in its ostrich like view that hiding one’s head in the sand would get rid of threats, the Ministry produced a document that might have been useful had it been produced in 2009, but which meant nothing after Darusman.

At the risk of making myself even more unpopular with government, which cannot bear other people having been correct, I told the Secretary of Defence, when I was called in to help with editing of that account, that it did not answer the allegations. His answer was that that was not the purpose of the narrative he was preparing. When I pointed out that the allegations needed to be answered, he said that he had allocated that task to the Chief of General Staff, who was however given neither resources nor encouragement to proceed. My own view is that this unintelligent approach has done more damage to our forces than anything else, given how easy a defence would have been of the bulk of the charges made against the forces. At the very least, citation of claims made during the conflict would have made clear the absurdity of charges made afterwards. Read the rest of this entry »

I was deeply touched last week, at the Reconciliation Committee meeting in Manthai East, when Father James Pathinather expressed appreciation of a position I had put forward, and said that it had required courage. I also felt very humble, for nothing I had done could come close to the courage he himself had displayed, in April 2009, when he tried to protect LTTE combatants who had sought shelter in the Valayanamadam Church.

He had been attacked for his pains by the Tigers. After he was gravely injured, and evacuated from the War Zone in one of the regular rescue missions we facilitated for the ICRC, the LTTE drove off those who had sought to escape from them by taking shelter in the Church. Many of those forced again into combat are doubtless among the few thousands who then disappeared.

The courage of those like Father James, who sought to stand up to the LTTE when it was at its most ruthless, should be celebrated by the Sri Lankan State. But we have completely ignored these heroes, who had an even tougher time than our soldiers who had to fight virtually with one hand tied behind their backs, given the use the LTTE was making of the human shields it had dragooned into Mullivaikkal. Those soldiers had at least the comfort of comradeship, whereas those who stood up against the LTTE inside the No-Fire Zone were isolated, and subject to enormous pressures as well as brutality of the sort Father James experienced.

Read the rest of this entry »

The International Centre for Ethnic Studies invited me recently to a seminar which was essentially on the post-conflict situation, though it had a more philosophical title, as is required to attract funding. I was pleased to attend, since I think one should engage with such organizations. Though I felt that for many years ICES had an essentially destructive agenda as far as this country was concerned, that seems to have changed with the appointment of a new Executive Director, who is certainly critical of government, but with I think no partisan agenda but only a commitment to ethnic pluralism as well as fundamental human rights.

This is Mario Gomes, whom I first knew as a protégé of Richard de Zoysa. I was reminded of this (rather sentimentally, a sure sign of advancing age) at the opening session, which I only managed to get to late since I was driving down from Vavuniya. However I managed to hear almost the whole presentation by Qadri Ismail, who was his usual iconoclastic self, demanding a stop to generalizations about identity. I would describe this as a quintessentially liberal position except that he would probably find the term anathema (I think he still sees himself as a socialist, though I can think of no one less likely to fit into any form of collective).

Read the rest of this entry »

Rajiva Wijesinha

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