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AustraliaI am pleased to have been asked to speak at this event, because over the last few years I have grown increasingly conscious of the strength of our friendship with Australia. Perhaps the most intelligent new friend I made in the last couple of decades was one of the Australian High Commissioners to Sri Lanka. I also found enormous sympathy and support from the last two High Commissioners. The first of them, Kathy Klugman, who had been Deputy to my great friend in the nineties, was the first foreign envoy to categorically condemn the Tigers, when the rest of the Western oriented world was being mealy mouthed about them. I still recall her telling me, soon after she came here, early in 2008, that she thought the Sri Lankan government would have cause for satisfaction in the first press release she was going to issue. She was quite correct.

Her successor brought the relationship to the two countries to a new height, at a time of increasing international difficulty. Indeed she suffered for this, in the onslaught on Australia that took place earlier this year by the new government. But, as she put it in a mild but anguished defence (unlike the more forthright criticism of her Deputy), she and her government had not compromised on issues of Rights and Reconciliation. I had recognized this when, at the time of the Commonwealth Heads of Government meeting in Colombo in 2013, which Tony Abbott attended, I wrote – ‘We should also make clear our appreciation of countries such as India and Australia, which others were trying to dragoon into opposition to us, but which, without compromising on suggestions as to how we could do more to promote Reconciliation, maintained and asserted their confidence in our capacity to improve things for all our people.’

Grateful though we should be to Tony Abbott for coming to Sri Lanka in 2013, I have to admit that I have no regrets about him being toppled, inasmuch as he was replaced by someone I shared a house with nearly 40 years ago in Oxford. Malcolm Turnbull was indeed kind enough to spare a lot of time for me when I was last in Australia. At the time – having been replaced by Abbott as leader of the Liberal Party in yet another of the interminable internal coups that seem to characterize Australian politics in recent years – there seemed no chance of him getting into power. But I was delighted to find him as iconoclastic as ever. He regaled me with tales of the Spycatcher Trial in which he had taken on the British establishment in the interests of Freedom of Information, a value we should – as pledged in the President’s manifesto – be doing much more to uphold. Read the rest of this entry »

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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.30141748Former State Minister Prof Rajiva Wijesinha was among the first group of MPs to leave the government along with Maithripala Sirisena when the latter was brought forward as the Opposition’s ‘Common Candidate’ to face Mahinda Rajapaksa at the last presidential election. Though appointed as State Minister of Higher Education under President Sirisena’s government, Prof Wijesinha soon resigned from his portfolio and later chose to sit in the Opposition. In this interview with Udara Soysa, Prof Wijesinha expresses his thoughts on a wide-range of subjects, including the 19th Amendment, Mahinda Rajapaksa and the current political situation.

Q: How do you see the current political realities in the country?

I am deeply worried because the great promise of the Sirisena victory in the January Presidential election is being destroyed. He, and his supporters, pledged several reforms, but implementation of the program was entrusted to the Prime Minister who was only interested in transferring power to himself.

But there are some silver linings in this cloud. The effort to expand and entrench Prime Ministerial powers was defeated, and now the President seems to have made it clear that he wants other pledges also implemented. First electoral reform which is essential given the corrupting effects of the current system, ignored till the UPFA made clear it wanted this pledge also fulfilled. Second the Code of Conduct, forgotten until I started agitating, which led to Rajitha Senaratne reacting positively.

I can only hope that other promises too are kept, in particular strengthening Parliament through amending Standing Orders (which was supposed to be first in line) and also the Freedom of Information Act.

Q: Are you repenting your decision to defect from Rajapakse regime?

Not at all. That government had gone beyond its use by date. Important pledges in its 2010 manifesto were forgotten, as well as Plans that had been approved by Cabinet, on Human Rights and the LLRC. Corruption had increased, and a few individuals around the President were plundering the country and in the process destroying his image. We were thus in grave danger of having the great achievements of the first Rajapaksa government destroyed, not least too because of our self-destructive foreign policy. And the neglect of Reconciliation was also disastrous.

I think therefore that the election of someone who had participated in the achievements (without trying to sabotage them as the opposition had done) but wanted to build on them positively was a good thing. Sadly, in part because many who shared his views did not support him, the victory was hijacked by the Prime Minister who seems determined to destroy the positive achievements of President Rajapaksa.

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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 »

Bash-ful 3GL and Sajin meanwhile failed to take things forward in the other area which had been entrusted to them, in that they brought nothing from the negotiations to the PSC. It became such a joke that even representatives of the hardline parties asserted this and said it should be wound up. This made sense for nothing of what we had discussed,the unexceptionable measures which the TNA had accepted in principle, and which could have been fleshed out by the PSC, a second chamber for instance and increased power to local bodies, the elimination as far as possible of the concurrent list, were not discussed by the Committee. Both Vasantha and I had brought these matters up, and it was clear that the more intelligent members of the Committee found them interesting, but there seemed massive resistance to any reforms. But in a context in which Sajin Vas Gunawardena seemed to be calling all the shorts, and given his control of both the Minister of External Affairs and the President’s son, so that the President himself seemed unable to move without his blessing, there was little hope of the regime breaking out of the straitjacket in which it was held.

Namal however, though he would not stand up against Sajin, did seem to have his measure, as was apparent in the brief period in which Tamara Kunanayagam was able to deal direct with the President while she was in Geneva. Her sudden removal was probably due to what she had discovered while she was there, and the realization that her direct link with the President would stymie the various stratagems that were laying the country low.

When she arrived a month before the September 2011 UN Human Rights Council Session, she was informed that Kshenuka had been negotiating with the American ambassador about a resolution to bring Sri Lanka before the Human Rights Council for an Interactive Dialogue. When she contacted the Ministry about this and instructions on how to respond, it was to find that they had no knowledge of such an initiative. However they did not seem to take it seriously, so Tamara called the President direct, and he asked her to fly to Colombo immediately for a briefing.

When she did so, she found the Foreign Ministry totally hostile, and furious that she had come to Sri Lanka without authorization from them. At a meeting where GL and Sajin were present she was given instructions that she should go back immediately, and not meet the President. Fortunately she had a ticket that could not be changed, and the Secretary to the Ministry accepted this position, so she was able to meet the President.
His anger about the acquiescence of Kshenuka in Geneva to what the Americans saw as a precursor to the war crimes resolution they had been contemplating was in marked contrast to the complacence of GL and Sajin. Whereas they had not reacted at all, the President’s instructions were clear, that there should be no negotiations. Tamara accordingly made the Sri Lankan position clear, and had enough support to ensure that the proposed resolution, and a Canadian attempt to bring the Sri Lankan issue to the attention of the Council, were dropped. But the American ambassador told her that they would get Sri Lanka the next time round. Since there was no official record of the discussions Kshenuka had had with them, and neither the President nor the Minister attempted to find out, Tamara had to work in a vacuum – not helped by the fact that Ksenuka and Sajin were in firm control of the Ministry and the delegation that was sent to Geneva, as well as the Mission staff that they took over on arrival, and treated her as an outsider at the next session.

She was able to understand something more of Sajin’s mentality when, after consultation with friendly envoys, she noted that the best hope for Sri Lanka to avoid censure was swift implementation of the LLRC recommendations, which had been published at the end of 2012. But Sajin informed her that the President had no intention of taking these forward. She mentioned this to the President when she was back in Sri Lanka for the 2012 Independence Day celebrations, and cited what Sajin had said, that he knew the President’s mind as though he were inside it, which led Namal to comment that this was exactly the sort of thing Sajin would say. 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 »

download (2)The request to write an article on US Policy towards Sri Lanka in 2008/2009 came at a timely moment, for I had been reflecting in some anguish on the crisis that the Sri Lankan government is now facing. I believe that this crisis is of the government’s own creation, but at the same time I believe that its root causes lie in US policy towards us during the period noted.

Nishan de Mel of Verite Research, one of the organizations now favoured by the Americans to promote change, accused me recently of being too indulgent to the Sri Lankan government. I can understand his criticism, though there is a difference between understanding some phenomenon and seeking to justify it. My point is that, without understanding what is going on, the reasons for what a perceptive Indian journalist has described as the ‘collective feeling that the Sri Lankan State and Government are either unable or unwilling’ to protect Muslims from the current spate of attacks, we will not be able to find solutions.

Nishan might have felt however that I was working on the principle that to understand everything is to forgive everything. But that only makes sense if corrective action has been taken, ie if the perpetrator of wrongs has made it clear that these will be stopped and atoned for. Sadly, after the recent incidents at Aluthgama, I fear the time and space for changing course are running out. But even if we can do nothing but watch the current government moving on a course of self-destruction, it is worth looking at the causes and hoping that history will not repeat itself at some future stage

My contention is that the appalling behavior of the government at present springs from insecurity. That insecurity has led it to believe that it can rely only on extremist votes and extremist politicians. Thus the unhappiness of the vast majority of the senior SLFP leadership, and their willingness to engage in political reform that promotes pluralism, are ignored in the belief that victory at elections can only be secured if what is perceived as a fundamentalist and fundamental Sinhala Buddhist base is appeased.

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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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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.

This false optimism, which is based on the assumption, which is quite contrary to the indications he has given, that the President wants to do none of the things he promised, has extended now to assuring him that all will be well after the Indian election, and we ourselves do not have to do anything to improve our situation. I am reminded then of J R Jayewardene twisting and turning in the years between 1983 and 1987 as he avoided action, and was forced gradually to concede, but always doing too little too late. So I wrote once that he assured us that there was a pot of gold at the end of the rainbow, during his discussions with India in 1986, but in the end the rabbit he pulled out of his hat was General Zia ul Haq. The idea that the Ministry of External Affairs has tried to convince the President that Mr Modi will play Santa Claus is preposterous, but I fear that that is the type of advice and advisors the President has to put up with.

All this is based on the assumption that somehow we can avoid implementation of the 13th Amendment. Because the advisors believe that subterfuge will win the day, no attempt has been made to analyse the 13th Amendment, see if anything in it is potentially dangerous, and then develop mechanisms to avoid those dangers. Instead we are doing nothing about the vast areas in which the strengthening of local administration – and concomitant local accountability – would immeasurably benefit the people.

The President I think understands this, for he was very positive about the ideas I suggested be discussed at the negotiations government had with the TNA. But the history of those negotiations makes it clear why we are in such a mess. The President put me promptly on the delegation when I pointed out there had been no progress over the preceding three months, and in the next three months we saw much progress, in part because I insisted on meetings being fixed on a regular basis. The government also put forward suggestions of its own, that I had proposed, whereas previously it had simply listened to what the TNA put forward, and then failed to respond despite promises.

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Rajiva Wijesinha

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