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qrcode.30541069Today, 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 Minister of Higher 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.

Continued from July 22

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Doc 3Dayan’s point then was that Lalith too was part of the group around Gotabhaya Rajapaksa, that had decided after the 2010 election that the President should not make too many concessions with regard to a political settlement. This did not mean Lalith would set himself up consciously against the President, as even Gotabhaya was to do with regard to the issues noted above. When he was ordered to move, he did so, as when he produced swiftly an Action Plan for the LLRC Recommendations, which Mohan had held up, presumably again on Gotabhaya’s instructions. But he did not see any need to embark on any initiatives on his own that would take forward the commitments the President had made with regard to devolution or accountability.

And on occasion he went even further than Gotabhaya in putting forward a mindset that seemed at odds with the official position of the government. Thus, at the launch of a book called ‘Gota’s War’, which suggested the primary responsibility of the Secretary of Defence for the victory against the Tigers, Lalith launched into a vast attack on India for its part in strengthening the Tigers during the eighties. And just before the UN Human Rights Council meeting in Geneva in 2014, having been sent to lobby in the West, Lalith attacked what he termed the excesses of the Indian Peace Keeping Force in the eighties, and claimed that, were investigations of abuse in Sri Lanka to proceed, the IPKF atrocities too should be gone into.

Our High Commissioner in Delhi, the normally placid career diplomat Prasad Kariyawasam, complained sadly about what seemed an unnecessary alienation of India at a crucial time. He did not tell me who was responsible, but Indian officials were more forthright. When they brought up the question of criticism of the IPKF which had come to Sri Lanka at the request of the Sri Lankan government, and fought against the Tigers, they met the excuse I made, that there were extremists in the government who did not represent the views of the President, with the information that the assertion had been made by the President’s own Secretary.

If Lalith thought that this was a way of pressurizing India to oppose any resolution that referred to War Crimes, he obviously had no idea of the way international relations worked. But I cannot believe that he had so crude a view of the world. Rather it would seem that, like those in the Ministry of External Affairs who still resented the Indian intervention of the eighties, he thought that old Cold War Games could still be played, and we should affirm our commitment to the West by indicating how different we were to the Indians. Read the rest of this entry »

Daily MirrorProfessor Rajiva Wijesinha, son of late Sam Wijesinha, Former Parliamentary Secretary General is a member of the Liberal Party of Sri Lanka. In June 2007 President Mahinda Rajapakse appointed him Secretary-General of the Sri Lankan Government Secretariat for Co-ordinating the Peace Process, and in June 2008 he became the Secretary to the Ministry of Disaster Management and Human Rights. In February 2010 he resigned from the Ministry and the University, and became a member of Parliament on the National List of the UPFA following which he was appointed a member of Parliament. In an interview with the Daily Mirror, Professor Wijesinha speaks about the lack of control among ruling party leaders, the loopholes in the educational system and the civil service in Sri Lanka.

Q. Describe your entry into politics

qrcode.26633243I have always been interested in political history and I have done a lot of political writings. In fact one of my best papers was political philosophy. Basically I have been involved with the Liberal party of Sri Lanka. Liberalism means freedom and for freedom you need several factors. When talking about an executive presidency, about having too much power, ever since the time of Montesquieu, there has been an idea of the removal of arbitrary powers. But the first thing we should all realise is that in any government the most important and in fact the most powerful is the executive. You need to check that executive; whether it is a child, a president or a prime minister from exercising arbitrary power. Also what are the instruments that will control the arbitrary power of the ruler on behalf of the people?

Montesquieu suggested two institutions which needed to be powerful; the Parliament, whose role was to pass the laws and money and oversee the proper spending of that money-which was why the budget was such an important occasion in our lives. The other is the Judiciary, who should independently administer the law. Another extremely powerful institution that plays a role on behalf of the people is the media.  Another element is the public service. Increasingly the concept developed around an independent public service with no servants for a king or a minister.

The need for a free economy should be addressed. However, I am delighted by the fact that statism changed its phase after JR’s open economy was established. At that time I was writing for my PhD and by the time I got back I found him to be rather authoritative and I was horrified by the type of things he did.

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RW 16 Dec 2014 1Q. What was the concept of the Liberal Party?

We were the first people to say, “control the power of the executive”. Before the 17th Amendment, the President appointed anybody he wanted for anything. We were the ones who said that on a political philosophy it was totally unacceptable. We pooled in a lot of ideas then, which are now universally accepted. Chanaka Amaratunge had a deep knowledge about the constitutions all over the world. We said that the election system was mad and proposed for a mixed system. We said a lot of things and gradually people came to accept them.

Q. What do you think of this newly emerging ‘defection-culture’ and the political scenario as of late?

I think the country is pleased.  In my opinion, every individual who crossed over to the Opposition had a strong identity. I think Maithripala Sirisena is a very capable person, yet the cross-over by Tissa Attanayake is quite ineffective. The opposition need not be sorry that he is gone.

Q. Do you regret your transition from being an academic to a politician?

No. I have done a lot in academia and I was responsible for taking the initiative to transform university education, through the introduction of ‘co-courses’. The British education system relies on a very good school education. In America, students are taught basic skills in universities and this was initiated from Harvard in the 19th Century. What they said was that as soon as you came into a university you didn’t specialise, but you have to learn a little bit about science, mathematics and the like.

The Harvard by the end of the 20th Century had expanded the co-courses into 10 separate things and the students had to do a little of each. These courses included communication, inter-cultural skills, inter-personal skills and the like. When I went back, I introduced this system at the University of Sabaragamuwa. So every student had to do English and they also had to do both Sinhala and Tamil, because my Tamil and Sinhala students could not write anything. Along with these I also introduced critical thinking. At first they used to curse me for this but then later they said that this was what they got when they went for jobs. Also many of these students did not know how to use a book. For example, when asked to find the largest country in the world the whole class was busy turning pages, but of course there was a contents page. Therefore, I also introduced library skills. Since these skills were introduced, which I think are very important to any student, the University Grants Commission (UGC) has announced that they were mandatory.

In any society 80% has to go into business, technical work and you must educate people for that. You cannot educate 100% of a population. We see graduates coming unemployed and our rulers offer them jobs. The brightest minds in the country are going and sitting at the Divisional Secretariats as Samurdhi officers and when I ask them what they when I ask them what they are doing, they say ‘data collection’. When asked for the purpose, they keep staring at me. So we can see that no one has been doing anything about this mismatch in education. In fact I think what I did was quite useful. Read the rest of this entry »

Enemies of the President’s Promse: Mahinda Rajapaksa and the Seven Dwarfs – Sneezy (Part 1)

RW-GR-600x234The reason Mohan gave for the Secretary of Defence being annoyed with me in June 2009 was a matter that was to prove an enormous bone of contention over the next few years, namely the claim advanced by some in Sri Lanka that there had been no civilian casualties during the war. This was obviously nonsense, and it never occurred to me that any such claim was serious. I assumed that what was meant was we had not inflicted civilian casualties deliberately, which I firmly believe to have been government policy throughout the conflict. I had seen this illustrated in the East when Daya Ratnayake, who subsequently became Commander of the Army – after he had survived, with Gotabhaya’s support, an attempt by Sarath Fonseka to have him prematurely retired – came to brief me on the campaign in that arena of the war. He had been responsible for the strategy there, and I had called him up to find out details of this after Human Rights Watch had given excessive publicity to a report it had prepared on the conflict in the East, in which they claimed there had been indiscriminate attacks on civilians.

qrcode.26475888When I studied the report itself, however, I found that, while this claim was made in the publicity, the report itself recorded only one instance of civilian deaths. This was something for which the army had acknowledged responsibility, but explained that they had used radar directed mortars to respond when the LTTE opened fire on them. This however had been from a refugee centre, but even the Human Rights Watch report disclosed that the LTTE had had weapons there, though they claimed that they had been told no one had seen heavy weapons being used.

I have no doubt that it was the attack on the Sri Lankan forces by HRW in this instance that made the LTTE feel they could get away with using civilians as shields when they were on the defensive. Any investigation of abuses during the conflict should look into the role of HRW in making such outrageous claims without evidence, and dodging the questions I posed to them in this regard. Once the LTTE realized that they would not be blamed for firing from amidst civilians, but public opinion could be manipulated to pressurize the Sri Lankan government not to respond to such firing, they developed the technique to perfection. This strengthened their resolve to ensure that civilians were taken along with them as they retreated in the North as the Sri Lankan forces were advancing.

The claim of some of the Non-Governmental Organizations that the civilians went willingly because of fear of the forces was patent nonsense, for those same NGOs complained to us that their former employees had not been allowed to escape to government controlled territory. The same thing happened to UN employees, and indeed one of the most skilful maneuvers of the LTTE in the latter stages of the war was when they persuaded the UN that they might free these employees, thus ensuring that UN staff that had taken a convoy of food in stayed on, to negotiate. The LTTE almost daily claimed that the local staff would be released, and asked for a cessation of hostilities, a period they used for military maneuvering, only to prove intransigent in the end.

The UN staff then were kept on by the LTTE till the end, but in fact there were no casualties amongst them, except for one person who stepped on a landmine in the final escape, but was given immediate medical attention by our forces, and also survived. Similarly, the local employees of the NGOs, who had been forced to stay back, also all survived the final battles. 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.

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… 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.

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qrcode.26231205Speech of Prof Rajiva Wijesinha

Prepared for the debate on the Votes on the Ministries of Justice and of

Rehabilitation and Prison Reforms

During the Committee Stage of the Budget Debate, November 21st 2014

(Not delivered because of the common candidate press conference)

 

I rise to speak on the votes today of two important Ministries. My main concern will be rehabilitation, where I think the Ministry can be proud of its work in having rehabilitated around 12,000 former combatants after the conclusion of the conflict with the LTTE in 2009.

This is of special concern to me, Mr Speaker, because as Head of the Peace Secretariat I was deeply worried about plans for rehabilitation. Nothing was being done about this, in part because the subject was then the preserve of the Ministry of Justice, which was more concerned then with what might be termed judicial issues. This was understandable, since there was much concern then about child soldiers, given the brutality of the LTTE in its system of forced recruitment.

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.. the silence of the other internationals working in the area, who were complaisant in the wicked practices of the LTTE.

In this regard, Mr Speaker, I must pay tribute to the Norwegian ambassador in place when I was first asked to work in this field, Mr Hans Brattskar. He was categorical in his response to the LTTE when it tried to remove the subject of child soldiers from the agenda of its discussions with government in June 2006. He made it clear that the Sri Lankan side had every reason to raise the issue, and perhaps it was that which led to the LTTE dodging those talks.

Later it was Mr Brattskar who first formally told the Sri Lankan government that the LTTE was engaging in forced recruitment of two persons in each family, by the time of his last visit to Kilinochchi. This was in marked contrast with the silence of the other internationals working in the area, who were complaisant in the wicked practices of the LTTE. Indeed when I upbraided the then Head of Save the Children, about his only worrying when the families of his staff were affected, he asked whether I objected to his trying to save them. Not at all, I said, what made me furious was his failure to have spoken out when other children were being abused.

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Joanna van Gerpen (UNICEF) meeting with S. P. Tamilselvan, the political leader of the LTTE, in Kilinochchi.

All this was of a piece with what seemed unprincipled connivance, though I believe one should not attribute to viciousness what springs often from moral laziness and incompetence. Thus the head of UNICEF did nothing to check on the abuse of the 1 million dollars given to the LTTE for rehabilitation, and even seemed to acquiesce in recruitment of 17 year olds on the grounds that the LTTE had not amended its legislation in that regard – a shocking tolerance of the pretensions of terrorists.

It is incidents such as that, Mr Speaker, that have contributed to the deep distrust displayed by government towards the international community, and this must be understood even as we urge a more positive attitude, which will take advantage of the many with decent and positive values. We must set in place systems that will limit abuses, but there is no justification for blanket prohibitions. And of course we must also do more to make it clear that we can work effectively with aid agencies, guiding them to fulfil our national priorities whilst working in accordance with their fundamental principles and policies. Read the rest of this entry »

Presidency 16Recently I took part in a seminar on Rights and Development, arranged by the Law and Society Trust. That organization used to be bitterly critical of government, but under its new Director, Mala Liyanage, it seems to be trying to go back to the more balanced perspective of Neelan Tiruchelvam. He founded it, but after his death LST, like ICES, became tools of those opposed to the SLFP. I remember, while I was at the Peace Secretariat, having to upbraid the then Chair of LST, Raja Gunasekara, who had not known what was going on, and who after our correspondence agreed to look into the matter.

Certainly the more vicious attacks stopped after that, and it is a pity that, instead of adopting that sort of reasoned approach, government now deals with NGOs, as I told the President recently, because of worries about the hamfisted way of controlling (rather than monitoring) foreign funds, through incompetent people. But gratitude, as the case of the transfer to Australia of the last Head of the Secretariat shows, is stronger than public interest.

And unfortunately we have no institutional memory. Government ignored the report I did more than five years ago on NGOs, where I showed the interlocking directorates of a few, while also pointing out that the vast majority functioned positively. Sadly it is these last who feel threatened, while the others continue as before, except where, as with LST, a change of management leads to a more balanced approach. But I don’t suppose my report can now be found anywhere.

Ironically, on the day of the seminar, I was told that the Presidential Secretariat was looking for the Peace Secretariat files, which I had told them way back in 2009 to look after carefully. In fact they did make an attempt to put things in order after the Darusman Report came out, but as usual, with no personnel in place who were able to understand the situation, that effort too seems to have come to naught.

Interestingly, it was Basil Rajapakse who told me not to try to persuade the President not to close down the Secretariat soon after the conflict ended. Since the President has told me later that closing it down was a great mistake, I was obviously wrong to think that Basil knew what he was doing. He seemed to get on well with Mahinda Samarasinghe, so I thought there would be some continuity there, but the Consultative Committee on Humanitarian Assistance was also got rid of, in his mad dash for full authority with regard to aid and development in the North. Read the rest of this entry »

Presentation prepared by Prof Rajiva Wijesinha at the Oslo Debate on
Whether or not to engage with extremists
Held on June 18th at the Oslo Forum 2014
(Delivered after the presentation of M A Sumanthiran, MP)

When I was first invited to participate in this debate, I was told it was about talking to terrorists. I thought then that I would like to speak in favour of doing this. This was in line with a position I took up a quarter of a century ago, at one of the early seminars when the Liberal Party proposed a programme of far-reaching constitutional reforms.

We were faced then by two terrorist movements, one in the North, the other in the South. I had been strongly critical of some appalling terrorist activity that had taken place recently, and was challenged by one of my former students about my condemnation of those he saw rather as freedom fighters – and I think he referred then to both groups. My response was that I did not think it correct to refer to people as terrorists, though this did not detract from the moral obligation to stand foursquare against terrorist activity.

This was perhaps a naïve view, and needs fine-tuning. But I do still think that those who turn to terrorist activity may have reasons for this that the authorities they challenge need to understand and also respond to. Engaging with them then is a necessity, though it must be done with care, and based on principles that make clear that violence is not acceptable, and certainly not acceptable against individuals who have no responsibility themselves for oppression and abuse that is intolerable. But we need to distinguish actions which are reprehensible from motives that may arise from unacceptable situations for which we too are responsible.

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I was pleased that Laksiri Fernando had picked up on my publication of documentation with regard to the negotiations between the government and the TNA way back in 2011. I suspect he is right in saying that some might think this is betrayal, given that even my efforts to defend the Secretary of Defence against Sarath Fonseka’s allegations in 2009 were described as betrayal. But this was by those such as Wimal Weerawansa who wanted to take political advantage of those allegations and therefore did not mind insinuating that they were true.

However I trust that those concerned with political reconciliation and long term peace, as Prof Fernando is, will realize that these notes are meant to make clear how easy it would be to reach a consensus with the TNA. But this needs negotiations to be conducted in good faith, and systematically, with appreciation of what the other side might fear. It is also important to move swiftly on whatever is agreed, as Nimal Siripala de Silva tried to do in 2011 with regard to the Concurrent List, only to be rebuffed by G L Pieris., even though we had obtained the President’s agreement to proceed.

To illustrate what I mean, I will look at the question of a Senate, which seems to have been a priority only for the President and me on the government side. To go into the history of that proposal, when I was appointed to head the Peace Secretariat in 2007, I should perhaps have participated actively in the discussions of the All Party Representatives Conference, which SCOPP hosted. But the Chairman, Prof Tissa Vitharna, thought that someone new should not be involved, so I stayed away. My main contribution was to cut down on the food bill, which had been enormous when I took over, largely because the practice previously had been to stuff up the delegates while waiting for the proceedings to start. This took for ever given prevailing standards of punctuality, and with the orders being placed beforehand, much went to waste when hardly anyone turned up.

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To return to the fears of resurgent terrorism in the North, this would seem preposterous given the patent relief of the majority of the Tamil people that the terrorism to which they were subject is over, a fact the military obviously recognizes. But at the same time it is clear that the people in the North have aspirations that are not being addressed, and this contributes to resentments that could be taken advantage of. Instead then of actions that could contribute to further resentments, the Secretary of Defence should rather work on those who have not only failed to overcome resentments, but have contributed to exacerbating them. Many of the better informed military personnel in the North understand this, and are at a loss to understand the myopia of government in this regard. But sadly, excellent politician though he is, the President will not put his mind seriously to the problem that has arisen in the last few years, and the Secretary of Defence has not produced comprehensive intelligence reports that assess the real reasons for resentment.

The resentment of the people was apparent in the massive vote against government at the recent election to the Northern Provincial Council. The President knew that he would not win the election, and I suspect this was true of everyone in government, even though the Minister of Economic Development, who had been entrusted with the government’s Northern policy, kept claiming that the government would do well. Indeed his belief seems to have been sincere, since the resentment he displayed after the results came in suggested that he was deeply upset at the total failure of his strategy. It was he, the President had told Dayan, who had insisted that the poll be postponed, on the grounds that the work he was doing would win popular favour, whereas the Secretary of Defence had been willing to have the election much earlier. It should be noted then that the Secretary’s opposition to holding the election last year was based on practicalities, the certainty of loss, rather than intrinsic opposition to a Northern Provincial Council, which he had sensibly enough thought should have been constituted earlier. But sadly his reaction to awareness of increasing unpopularity was not to ensure measures to reduce that unpopularity, but to try to sweep it under the carpet by even going to the extent of challenging the President when he made it clear that he intended to abide by his commitment to have the election.

That the Secretary was right to have wanted to have the election earlier is apparent from the results of preceding elections in the North. In the first set of local elections government actually won some local authorities. In the Wanni, government actually came close to winning in two of the three areas that polled, and in one the combined poll for government parties exceeded that of the Tamil National Alliance.

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Rajiva Wijesinha

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