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ceylon todayBy Rathindra Kuruwita

Prof. Rajiva Wijesinha who initially defected from the Rajapaksa regime along with President Maithripala Sirisena and later supported Mahinda Rajapaksa at the last general election said while he was ‘glad’ the change was made said the incumbent government too like the previous regime was making the mistake of doing ‘too little too late’ in terms of reconciliation.

Q. You are planning to publish a book on education, a collection of your old essays. Did you choose to publish the book at this time for a specific reason?

A. When I found myself without a formal occupation in August, I thought it was a good opportunity to reflect on the past and engage in some assessments. A publisher agreed to bring out three books, though two of them are in fact collections of articles. The most important of these, is on Reform, Rights and Good Governance, and it will be available at Godage’s from the 22nd, when it will be launched by the Speaker and Sarath Amunugama.

There is another book on poetry, and also a new book, currently being serialized in Ceylon Today on The Rajapaksa Years: Triumph and Disaster. The first part of this, Success in War, will also come out later this year.

In collecting old writings, I remembered that I had thought of doing the same with my writings on education several years ago. I had prepared something earlier this year, soon after I ceased to be Minister of Higher Education, which put together a lot of ideas which built on my earlier experiences too. Given that the situation has got much worse than it was a decade back, I thought it desirable to publish the earlier essays. Read the rest of this entry »

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

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

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

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

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

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

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

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

  • Question 1:

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

  • Answer :

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

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

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

  • Question 2:

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

  • Answer:

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

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

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

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

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

Read the rest of this entry »

qrcode.29996919In the last few articles in this series, I intend to look at essential aspects of government that are not normally considered under the term Good Governance. That is generally associated with form, namely accountability and transparency and the entrenchment of procedures that prevent arbitrary and inequitable decisions.

But the substance of government is also vital, and we must recognize that the people who choose governments are generally more concerned with performance rather than process. I shall therefore examine the basic requirements with regard to performance on which governments are generally judged. But before that I would like to look at an area that covers both aspects.

I refer to responsiveness. Governments must respond to needs, and that is why they also need mechanisms whereby those needs can be expressed. The substance of the responses will be the object of judgment, but the selection of areas for action is also of close concern to the governed.

Sometimes however the area for action is selected by outside forces, albeit in the context of local needs. In this context I would like today to look at a field in which it seems that government has absolutely ignored the need to respond, which I fear can have adverse consequences for this country and its people.

I refer to the Report of Pablo de Grieff, the United Nations Special Rapporteur on issues concerned with Reconciliation, who visited Sri Lanka recently. He had issued what seemed a very helpful report following his visit, but this seems to have been forgotten in the drama over the 19th Amendment. We should however realize that swift action on the issues he has discussed is also essential if Sri Lanka is to overcome the problems of the past.

Capture1
Sadly this government seems as slow about acting on essentials as the last one. The Rapporteur for instance is quite critical of what he calls ‘Overuse of commissions of inquiry leading to a confidence gap’. His general conclusion, that ‘the accumulated result of these efforts has increased mistrust in the Government’s determination to genuinely redress’ violations, is understandable. But we should also register that the Commissions themselves by and large did a good job. It was the failure of government to follow up properly that led to mistrust.

The most obvious example of this is the burying of the Udalagama Commission Report. Given what seemed the determination of the last government to prosecute no one, their failure to act on that Report is understandable. I should add though that I hope that even now the decision makers of that period understand what damage they did to the reputation of the forces by not dealing firmly with aberrations. Given however the very different priorities of this government, its failure to do anything is astonishing.

It was indeed agreed at a meeting of the Government Parliamentary Group that the findings of that Commission should be published, and appropriate action taken, but that decision was not even minuted. The Prime Minister did ask that that omission be corrected, but confessed he had done nothing, and I suspect the matter has not been followed up since. Read the rest of this entry »

Good Governance 4Perhaps the most controversial subject we have to deal with in trying to restore confidence in government is that of the violence and extra-judicial killings that have taken place.

Unfortunately dealing with this is complicated by the fact that there are in fact three different issues involved. Two of them have to do with the conflict period. The third issue is that of abductions and killings that had nothing to do with the war.

With regard to the conflict, we have to deal with two extreme positions which feed off each other. One is that government was justified in whatever it did, because we were dealing with ruthless terrorists and therefore the ordinary laws could not be respected. The opposite is that government used sledgehammers to crack nuts, and was overwhelmingly guilty of murder which include deliberate targeting of civilians and a range of paramilitary activities.

The truth lies in between, but government complicated matters by looking on the problem as part of a propaganda war, rather than one to be resolved by confidence building measures. So it lost the chance to make it clear that it fought a war that was essential, given the suffering the LTTE had caused to the whole country for so long. It also failed to show that the forces by and large respected International Humanitarian Law.

Far too late it started an inquiry process, and got the services of international experts. Earlier, instead of responding to the excessive attacks of the Darusman Report, it tried to take political advantage, a strategy that came a cropper at the last Presidential election.

The problem has now been transferred to this government, but sadly that too is not relying on truth, which is the best way forward. Thus it seems ambiguous about the work done by Sir Desmond de Silva and his team, even though it has in fact renewed his contract. It should therefore make use of what he has done to launch a robust defence of the way in which the war was conducted. Read the rest of this entry »

good governanceSuggestions sent to members of the committee to assist the Minister for Good Governance, set up at the Government Group meeting on March 3rd 2015.

A – Preventing Corruption

Schedule

1.  The Assets Declarations of Ministers, Parliamentarians, Provincial Councillors and those heading government institutions that have entered into contracts of above a particular value should be made public. They should be uploaded on institutional websites within two weeks of laws / regulations to such effect being introduced.

I am aware that there may be some diffidence about this inasmuch as some Members of the government may not have declared their assets as required. The law/regulation should specify that no action will be taken with regard to such, provided the declaration is made available to be made public at the due date. They will also be requested to make declarations for each of the last five years.

2.  A Commission should be empowered to go into these Declarations, and instituted investigations if the assets of any individual have grown disproportionately in the last five years.

The Thai concept of people being ‘unusually rich’ could be brought into play. The Public should be invited to provide information if there is reason to suspect inaccuracies in the declaration of assets. Such information should be investigated, with provision that assets not declared may be frozen, and confiscated if legitimate acquisition cannot be proved.

3.  Individuals who hand over assets which they cannot prove were legitimately acquired may be given an amnesty, on condition of taking no part in public life for a specific period.

It could be argued that this is a form of impunity, but we should not engage in what could be perceived as witch hunts. Regaining for the country anything that has been plundered, and debarring further such activities for a fixed period, should be enough.

4.  Any information provided by the public about inflated tenders, undue costs for contracts with national and international suppliers, acceptance of shoddy construction work or equipment supplied, should be investigated. Individuals handing over assets obtained improperly through such instances may be given an amnesty, on condition of taking no part in public life.

I would urge in particular that attention be paid to the information supplied by Mr Kodituwakku, formerly of the Customs, who had to flee the country because of threats against him arising from his outstanding integrity and efficiency.

5.  Officials who felt obliged to acquiesce in abuses should be given impunity for the provision of information with regard to such matters. Provision should be made for such information to be given in confidence.

 

B – Promoting Responsiveness

Schedule

  1. Consultation mechanisms should formally be set up at Grama Niladhari level, chaired by the GN but with clear responsibility for another official to maintain records and minutes and ensure follow up.
  2. The minutes of Grama Niladhari Level meetings, with decisions / action points noted, should be shared with the next level up of government. Responses must be conveyed to participants at GN level, along with the minutes, at the subsequent meeting.
  3. At Divisional Secretariat level, there should be coordination mechanisms for groups of subjects, such as Social Services and Women and Children, Education and Training, Agriculture and Irrigation, Forests and Wild Life, Health and Nutrition. Officials should work as a team, and ensure attention to all GN Divisions. Individuals can be given responsibility for particular GN Divisions, with the coordinating committee at DS level looking into all issues and providing feedback.
  4. There should be regular consultative meetings of department heads at Divisional level, chaired by the Divisional Secretary. To facilitate this, all government departments should treat the Division as the basic unit of administration. This will require restructuring of a few Departments, ie Education and the Police. This has been pledged in the manifesto of the President, and making the necessary structural changes will be simple, and can be swift if there is sufficient will.
  5. Regular discussions between the Divisional Secretary and the elected head of the Local Government Unit are necessary. Ideally the proposed Local Government Act will lay down specific responsibilities so overlap of responsibilities will be minimal, but coordination and agreement on priorities is essential. Making the Divisional Secretariat and the Local Government Unit (or Units) coterminous will facilitate coordination.
  6. All government officials must understand the need to respond promptly to requests from the people. They must also ensure that records are kept. Telephone commitments should be kept to a minimum, since these can be forgotten. Officers who delegate tasks must ensure that these are performed promptly.

 

C – Removing politics from recruitment

Schedule

  1. All government institutions should have clear criteria with regard to recruitment, and such recruitment should be the responsibility of state officials, not politicians.
  2. All Ministries should have an Appeals Board to deal with allegations of unfairness in recruitment, to all institutions under the purview of the Ministry.
  3. Ministries should not issue lists of individuals from which recruitment is to be done.
  4. Politicians wishing to recommend individuals for employment should do so on the basis of qualifications and suitability. They should not mention loyalty to party as a qualification. Recommendations should be addressed to the appointing authority.
  5. Politicians and others who feel there was unfairness in recruitment procedures or decisions may bring these to the attention of the Minister, with a copy of the appeal to the Appeals Board.
  6. Ministers should not make recommendations for jobs which are within any institution under their purview. In case of alleged injustice, they should forward appeals to the appointing authority or the Appeals Board, and request a prompt report and remedial action if appropriate.
  7. Making appointments to boards or other bodies directly under the purview of the Minister should be in accordance with clear criteria. Where the Minister has discretionary powers, he should make clear the reasons for appointments where public funds are involved.

 

D – Limiting use of the Executive for political purposes

  1. Members of the Executive shall not use their offices or the equipment and services they are given for electoral purposes
  2. The personal staff of Ministers shall be limited to only such numbers as are essential for the fulfilment of their executive responsibilities. All such staff will be required to provide monthly reports on their productivity to the Secretary of the Ministry which pays their salaries.
  3. However, given the personal and political needs of all Parliamentarians, their personal staff may be increased as follows –

2 coordinating secretaries instead of 1

1 research officer as now

1 private secretary as now

2 drivers instead of 1

1 office aide as now 1

This gives them a total of 7 instead of 5.

They should also be given a vehicle for their use. This should take the place of the permits which are now readily abused.

4.  The personal staff of Ministers should be reduced as follows, and they must all be expected to report to work in the Ministry unless the Minister had given them leave, as informed to the Secretary

1 private secretary as now

1 coordinating secretary instead of 2

1 public relations secretary

No media secretary, the work should be done by the Ministry media personnel, who should be selected in accordance with clear criteria

2 drivers, without provision for a driver for a back up vehicle. If needed, such a driver should be taken from the Ministry pool.

1 office aide instead of 2, since the Ministry staff can be allocated if needed.

2 management assistants instead of 5. At least one of those should be functional in the Official Language which is not that of the Minister. Any further assistance may be provided by regular Ministry staff.

This gives them a total of 8 instead of 13.

The Minister should have at most 2 vehicles. Personal staff should have at most 2 vehicles rather than the 5 that are now available.

The qualifications of all personal staff paid by government Ministries should be made known to the public, along with the responsibilities entrusted to them.

 

E  – Restricting violence

Schedule

  1. The LLRC lays down areas as to which it believes further investigation is required, and this should be undertaken promptly. A separate Commission should be appointed for this purpose, with international observers as with the IGEP that functioned for the Udalagama Commission.
  2. The work of the Disappearances Commission should be expedited, and action taken on its interim reports, which should be published at 3 month intervals.
  3. Provision should be made for gathering of further information to expand the work of both these Commissions. Information may be sought for this purpose from the ongoing UNHRC investigation.
  4. The report of the Udalagama Commission should be published and action taken on its findings.
  5. A Commission similar to the Udalagama Commission should be established to look into incidents of Disappearances in the post-war period, or others that occurred after the Commission was established, including the cases of Pattani Razak, Pradeep Ekneligoda and the FSP activists. Prosecutions should be instituted if sufficient evidence emerges.
  6. In fairness to the last government, since otherwise it would be assumed that excesses took place only under its watch, a fact finding Commission should be established with regard to incidents such as the killings of Wijedasa Liyanaarachchi, the JVP students in Ratnapura, Richard de Zoysa, those found in the Diyawanna Oya and Kumar Ponnambalam. It should be clear that judicial action will not be taken on such matters, and an amnesty will be given for incidents that occurred more than ten years ago, but government owes it to the people to establish the truth of what happened.
  7. A Commission should be appointed to investigate the relative impunity with which the LTTE operated, in particular the failure of Sri Lanka and the international community to prevent child conscription, arms acquisition, and the taking and use of hostages in the last stages of the conflict.

qrcode.26820002So his attitude seemed to harden with the passing years. Also, sadly, even though he might not have been ambitious himself, he seemed to see himself as the principal guardian of the victory the forces had won, with an obligation therefore to block the way of those who were anxious to give more political powers to Tamil politicians. Though, under threat from the LTTE, some of these had seemed to subscribe to the LTTE ideology, in fact most Tamil politicians were moderates who were relieved that the LTTE had been vanquished. They were prepared to disavow terrorism as well as separatism, but they were anxious to exercise political power in predominantly Tamil regions, at least in terms of the Provincial Councils Act of 1987. But those who were opposed to even that limited devolution, on the grounds that it would inevitably lead to separatism, saw Gotabhaya as their champion, and he came in time to articulate their views with increasing assertiveness.

An extreme example of this came when, in 2013, with the President making preparations to have the long delayed Provincial Council election in the North, he declared publicly that it should not be held. Ironically, according to the President, he had been in favour of holding those elections a few years earlier, soon after the war ended, which would have been a sensible move, and would have led to a better result for the government. It was Basil then who had insisted on delay, on the grounds that his building programme would ensure more and more support for the government. But by 2013, more perceptive perhaps than Basil about political realities in the area, perhaps realizing too how he had contributed to increasing unpopularity, he came out strongly against having a poll. And typically this occurred while one of the more extreme coalition partners of the government, which was seen as close to Gotabhaya, had introduced a Bill to amend the Provincial Councils Act so as to water down their powers. So powerful did this combination seem, even though the evidence of elections had made it clear they had minimal popular support, that it was feared the President would back down.

But he went ahead and elections were held. The TNA won handsomely, with the determination of the Tamils to vote against government increased perhaps by what seemed strong arm tactics on the part of the forces against a candidate who was identified closely with the LTTE. She did remarkably well, which might well have been predicted.

This makes one wonder why the forces should have got involved, and indeed it was so foolish an action, were they the perpetrators, that one wonders whether she herself had arranged the attack, given that only she could benefit. However there had been previous instances of such folly on the part of the forces, as when a meeting of the TNA had been attacked some months previously.

That incident was bizarre, because by the time the violence occurred the TNA representatives had finished speaking and left, and until then, they said, what were clearly soldiers in mufti had behaved with restraint. When I asked the Jaffna District Forces Commander what had happened, he said that his orders to behave correctly had been disobeyed, as a result of provocation by one of the later speakers, a Sinhalese member of a small radical party. But I could not understand why he did not then take forceful disciplinary action. Apart from the fact that soldiers should under no circumstances react violently against civilians unless they are themselves in grave danger, it was possible that there were members of the forces who had no affection for the government, nor for Tamils (following the approach of Sarath Fonseka before his conversion), and they had no qualms therefore about aggression that could bring the government into disrepute. Government was only playing into their hands by refraining from disciplining them. Read the rest of this entry »

qrcode.26819894What was termed the militarization of the North was attributed mainly to Gotabhaya Rajapaksa, Secretary of Defence, and in many minds he was considered the greatest barrier to Reconciliation. He was thought the architect of the policy that held security to be the most important consideration, and that to ensure this the footprint of the military had to be heavy and pervasive.

This was ironic, for during the course of the war he had seemed of the view that, while the forces could handle the military requirements, a settlement required the politicians, and setting this in place was not his role. Indeed, in this regard he seemed the opposite of his Army Commander, Sarath Fonseka, who was thought to be of the view that a policy of settlements in the North was the best way of guaranteeing peace. Gotabhaya, on the contrary went along with his brothers, the President and Basil, when they sidelined Fonseka, having refused his request that the army be enlarged; and, as noted, Basil went ahead with a policy of swift resettlement, which was in accordance with the pledge of the President.

Indeed, even during the war, Gotabhaya had seemed soft in comparison with Sarath Fonseka. His chosen instruments were officers such as Daya Ratnayake, appointed Army Commander in 2013, who had developed the strategy that ensured that there were hardly any civilian casualties in the East. Sarath did not like Daya Ratnayake, and sidelined him and would have had him retired early, but Gotabhaya saved his career by sending him off to China for his Staff College Course. When he came back, he was not used at all in what remained of the Northern offensive.

Sarath had a no nonsense approach to the conflict, and when the ICRC told him that firing was coming close to hospitals, his response was on the lines that the hospitals should no longer have been there, since they had been instructed to move. Gotabhaya on the contrary had taken notice of such warnings and indicated that he would have the line of fire changed.

In general, Gotabhaya and his preferred instruments such as Jagath Jayasuriya who, as Commander of the Special Forces in Vavuniya, was in charge of the Northern operation, tended to follow international law as best possible. Given the general strategy followed in the war, and the care taken in most quarters to avoid civilian casualties, there is no doubt that Sarath Fonseka also followed the general principles laid down by the civilian command, but it was also apparent that he sometimes saw this as a needless hindrance. His initial account of the killing of those who tried to surrender by carrying White Flags and leaving the Tiger lines indicates his bluff mindset, for he was reported as having said that those in air-conditioned rooms, an obvious reference to Gotabhaya, ordered that they be spared. He however had done what was required, since he knew how they had behaved in the past.

It was odd then that, a couple of years later, Gotabhaya should have inherited the mantle of the hard-liner, but perhaps it was inevitable given the manner in which government decided to respond to the challenge presented by Sarath Fonseka, when he stood for election against Mahinda Rajapaksa as the common Opposition candidate. Having experienced what seemed a Damascus style conversion, doubtless because he was backed by the Americans (who could not have been ignorant of his measure but thought him the best instrument of applying pressure on Rajapaksa), he put himself forward for election as a dove. He was indeed supported by the UNP, which had not supported the crushing of the Tigers, and by the TNA, the main Tamil political party. His approach then to the White Flag case was that it was those in air-conditioned rooms who had given orders that they be killed.

Government responded, not by pointing out the contradictions in his accounts, and calling him a liar, but by saying he was a traitor. They had decided that, since Fonseka was the principal opponent in the election, it was the hardline vote that had to be won. Patriotism, in order to get the better of Fonseka, had to be tough, so it did not matter that the impression they created was that his story might be true. The upshot of this, of course, was that when the LLRC recommended inquiries into possible abuses, the government was in difficulties, since Fonseka could well have called them traitors for letting down patriots who had only done what was necessary to eliminate terrorism. Read the rest of this entry »

qrcode.26621401Mahinda Samarasinghe was appointed by Cabinet to chair an Inter-Ministerial Committee to implement the Human Rights Action Plan, and wanted me to serve on it as well as on a smaller Task Force that would push things forward. Nishan told me the Minister had wanted to appoint Mohan to chair the Task Force but I told him, and the Minister too, that I would only serve on the Task Force if I were in charge. I added to the Minister, without mentioning names, that I had had enough of being appointed to committees that never met.

The Minister did not commit himself, but at the first meeting of the Inter-Ministerial Committee he announced that he had asked me to convene a Task Force to take things forward. He did say that even though I could be difficult – a bloody nuisance, added Mohan, in a loud whisper – he knew I would get things done. It was obvious from this that they had discussed the matter and Mohan had not been pleased. But I was able to go ahead, and we managed to move swiftly with regard to many matters, with excellent cooperation from most Ministries.

I was wary about Mohan by this stage because of my experience with regard to the Inter-Ministerial Committee to implement the interim recommendations of the Lessons Learnt and Reconciliation Commission. He had been appointed to chair this when the recommendations came out late in 2010, but there was no sign of any progress at the time the Darusman Committee issued its report in April 2011. I told the President this and, when he claimed that the Committee had made much progress, I said I thought it had never met.

At my suggestion he then told his Secretary to appoint me to that committee as well as to the team negotiating with the TNA. He also authorized me to collect from the Secretary to the Ministry of External Affairs details of the Committee’s work, which he thought was being reported on a regular basis.

The Secretary sent me the file which contained only the first report that had been given to the Human Rights Commission in Geneva. This said a committee that had been appointed to implement the interim recommendations of the LLRC, and government had used that to argue that the Darusman report was unnecessary. But there were no minutes of meetings, and the Foreign Secretary said he had been told that minutes were not kept.

Meanwhile, the President’s Secretary had rung me shortly after the President instructed him about the appointments, to say the letter with regard to the negotiating team would be sent, and that Mohan had made no objection to my being put on the other committee. It was only after I put the phone down that I wondered about Mohan having been consulted. While obviously it was a courtesy to keep him informed, I wondered about his views being sought after the President had given an order.

Sure enough, I was told by Lalith Weeratunge a few days later that it was thought I should not be on the committee since I was a Member of Parliament, and that it consisted only of officials. I asked the President about this, and he confirmed that he had been told it would not be proper. I then suggested that monitoring the work of the committee and reporting to him about it should be one of my duties as his Advisor on Reconciliation, to which he agreed.

Armed with that clause in my letter of appointment, I saw Mohan who was as charming as always. He confessed – this was in May 2011, nine months after it had been appointed – that the committee had never met. I suggested that perhaps I should attend its first meeting and he agreed and said he was waiting to get a date from the Secretary of Defence. This was a story he repeated over the next few months, until he finally confessed that the Secretary did not want the committee to meet. Read the rest of this entry »

By Rasika Jayakody

 

Professor Rajiva Wijesinha, who is a national list Parliamentarian of the ruling party, is a strong opinion-maker in the government where reconciliation is concerned. In an interview with The Sunday Leader, he strongly backed the government’s move to appoint a Truth and Reconciliation Commission, following the South African model. He termed that such an effort can be construed as part of implementing LLRC recommendations.

Speaking of the relation between the Lessons Learnt and Reconciliation Commission and the Truth and Reconciliation Commission the Parliamentarian says, “Lessons Learnt and Reconciliation Commission is suggestive of a broader mechanism of this nature and this is in line with implementing LLRC recommendations. LLRC presented an excellent report and the commission perfectly fulfilled the task it was entrusted with. The TRC focuses more on problems concerning the people on the ground and give them solutions. That is one of the most important aspects of reconciliation. One should understand the fact that the LLRC, the Parliamentary Select Committee (PSC) and the Truth and Reconciliation Commission have their own ambits. And they don’t clash with each other”.

He also commends the President’s approach to the matter saying he reflects pluralism and the traditional SLFPers are pluralist to the core. “But the problem is their voice is subdued and as a result, extremists are ruling the roost,” Wijesinha says.

On Sri Lanka’s journey towards reconciliation, the Parliamentarian says, Sri Lanka has not pursued the Reconciliation process with the commitment it requires. “Given its urgency, I believe we should try to understand the reasons for this, and try to overcome them.”

 

Following are excerpts of the interview:

Read the rest of this entry »

Rajiva Wijesinha

June 2017
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