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The Paranagama and the Geneva Reports: Attempts to Mislead the Public – Pt 1 contd.,

  • Question 10:

The Government has alleged that the Paranagama Report agrees with the Channel 4 video allegations.   Is that true?

  • Answer

Not at all.  It is a deliberate misreading of the Paranagama Report.   At paragraph 428, the Paranagama Report states explicitly “ the authenticity of the video footage is not an issue that the Commission can resolve…”.

If, of course, the authenticity of the video is proved, that would establish a prima facia case.   The Paranagama Commission goes on to advocate that there should be a proper judicial inquiry.

Indeed the very same was suggested by the LLRC report, which called for an independent investigation.      Thus to say that the Paranagama Commission has validated the genuineness of the Channel 4 footage is false.  Because if it had, what would be the necessity to call for an inquiry to ascertain the authenticity of the footage?   Indeed the Paranagama Commission criticizes Channel 4 in paragraph 432 (page 105) for failing to supply the original film footage.  Why would the Paranagama Commission do this, if it had accepted the film footage as authentic?

 

  • Question 11

What is the link between the OISL report and the Darusman Report with respect to the gravity of the allegations made against Sri Lanka?

  • Answer

The answer to this question is to be found in paragraph 22 (page 8) of the OISL report which reads as follows:    “ Another key source of information was the United Nation’s Secretary General’s panel of experts headed by Mazuki Darusmann with experts Yasmin Sooka and Steven Ratner.”

Thus, it is quite clear, that the OISL report is firmly grounded in the grave allegations made by the Darusman Report.   Therefore it raises the question as to why the Paranagama Commission 2nd Mandate Report which dealt with most of the allegations in the Darusman Report was not tabled in Geneva by the Government.

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.

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qrcode.30693280An ambassador who seems to understand this country well said recently that he thought the greatest mistake this government had made was to let me go. I have to admit though that that was probably more flattering than accurate.  One can see rather that the greatest mistake was to ignore completely the manifesto on which the President had won the election, and instead assume it was about two things and two things alone – the abolition of the Executive Presidency and having an election after 100 days.

Unfortunately now the government will be remembered for just two things, one the laudable reduction in the authoritarian powers of the Presidency, the second the Central Bank Bond Scam. But there was much else in the manifesto that could easily have been implemented in the almost six months which the government had before Parliament was dissolve.

I have already looked at the seven broken promises with regard to reform that were mentioned in the 100 day programme, viz

1)      Electoral Reform

2)      Amendment of Standing Orders

3)      The Right to Information Act

4)      The new Audit Act

5)      A Code of Conduct

6)      A Cabinet of not more than 25 members representing all political parties in Parliament

7)      A National Advisory Council including all political parties in Parliament

The last three of these did not require a Parliamentary majority, and three of the others could have been passed with a simple majority. But the failure to develop consensus on issues of common national interest, and instead concentrate on Ministries for one party, and the perks that went with these, led to disaster.

Those blunders are obvious. For the next couple of weeks I shall look at some of the excellent ideas in the manifesto that were completely ignored. The total failure of this government to entrench better systems of government, based on ideas that had been canvassed for a long time but which had not been taken forward, must be registered, and I hope the government elected in August will move swiftly on such matters.

One of the most innovative ideas in the manifesto occurred in the section entitled ‘An advanced and responsible public sector’.  The second bullet point there read, ‘The Divisional Secretariat will be made the chief unit that performs the priority tasks of the area. It will coordinate all activities such as skills development and supply of resources pertaining to the development of the economic, social, industrial and cultural sectors of the area.’

Though I used the word innovative, in fact this represents a recognition of reality. A hundred years ago, when the British began to think of appointing Sri Lankan Government Agents, the Province was obviously the practical unit of administration. But as populations grew and the business of government expanded, the District became more important and accordingly Government Agents were appointed to Districts too. Now however, with so much more to do and for so many more people, it is the Divisional Secretariat that has to initiate and oversee action in most particulars. Unfortunately we are still stuck in hidebound systems, and Divisional Secretaries do not have the decision making powers they need. In addition, many government departments are not well represented in the Division, which leads to long delays with regard to action, let alone decisions.

After the problems I had noted in the North and East, I discussed the matter with those with experience in the field including the immensely knowledgeable Asoka Gunawardena and the Secretary to the Ministry of Public Administration, Mr Abeykoon, who is now the Secretary to the President. We then approached the UN, which set up a consultancy, and last year we got a comprehensive report from Asoka on ‘Improving Service Delivery in the Divisions’. Unfortunately, when the election season set in, the Secretary put the matter on hold. Though Karu Jayasuriya was initially keen to take things forward, it turned out that he was not the responsible Minister, given the manner in which Public Administration had been carved up. I did mention the matter to the Minister responsible, but such reforms are not really his concern, and in the mad rush for elections the matter had been forgotten.

After the election I hope a concerted effort will be made to move forward in this area. It is important to make sure however that this is done with provision to consult the people, something the last President pledged which was not done. Mr Abeykoon had set the process in motion, through a circular that instructed Grama Niladharis to chair the Civil Defence Committee meetings in their GN Divisions, but this has not really taken off. Clear instructions are needed as to how the ideas brought up at consultative meetings should be taken forward (something that can be improved in Parliament too, where minutes are not promptly circulated and action points rarely recorded). This was planned, but elections intervened.

At the last meeting of the Home Affairs Consultative Committee in Parliament, this being the Ministry entrusted with District and Divisional Administration, I brought the matter up, only to find that the Minister and the new Secretary knew nothing about this. They had not been briefed, but the Minister promised to look into the matter, and I hope that he will find some time during electioneering to at least ensure that a position paper is prepared for him, or for his successor.

Meanwhile, nothing has been done in the last couple of years with regard to the other area of governance that is closest to the people. I refer to the work of elected officials, namely the Chairman of the Pradeshiya Sabha and his team. At present their functions are confused, because there have been significant changes in the manner in which these are organized – utilities for instance are supposed to be their responsibility, but both water and electricity require much central government involvement.

Because of all this a new Local Government Act was being prepared, and with the blessings of the Minister, the Secretary gave me a copy of the draft for comment. I found it a great improvement on what we have now, but thought there should be entrenchment of consultation procedures, with the advisory committees to local bodies being composed of representatives of community organizations, not appointees of those in political authority.

The Secretary, one of the brightest of our Civil Servants, Mr Ranawaka, took the ideas on board, but he was then entrusted with other responsibilities and the Act seemed to have been forgotten. But if good governance is to become a reality, the next government should study the current situation, with the help of Asoka Goonewardene’s comprehensive report, and set in place systems to ensure that people have ready access to the services government should provide at local level.

ht-home-logoThere were many firsts in the election of President Maithripala Sirisena in Sri Lanka: An incumbent president was defeated; parties specifically representing different races and religious groups —  the Jathika Hela Urumaya for the Sinhalese, the Tamil National Alliance (TNA), and the Sri Lanka Muslim Congress along with the All Ceylon Muslim Congress — came together on a common political platform; corruption was a major issue in the pre-poll campaign; and now a specific timeframe has been set for reforms.

However, the most important responsibility of the new government will be settling the national question. While the country owes him a debt of gratitude for eliminating terrorism from the country, former President Mahinda Rajapaksa did nothing about the commitments he made in 2009 to ensure inclusive peace.

inclusive governanceAs a member of the Liberal Party, I urged Rajapaksa to implement the 13th Amendment, which created Provincial Councils in Sri Lanka, but met with no success. I understand that there could have been problems about some aspects of the amendment but those could have been resolved through discussions.

When we negotiated with the TNA, MA Sumanthiran and I found a solution to what had previously been considered the vexed question of powers over land. We met stakeholders, asked them about their apprehensions and assuaged those fears.

Unfortunately, two members of the government acted in bad faith, one even refusing to fulfil instructions the president gave us to act on what had been agreed with the TNA.

Reaching consensus on these matters is a priority and the new government should set a time table for this. Successive Sri Lankan governments failed because they allowed talks to drag on without any purpose.

Read the rest of this entry »

qrcode.Doc 2In 2011 I had personal experience of how diffident Lalith could be. After the Darusman Report came out, with its excessive attack on the manner in which Sri Lanka had dealt with LTTE terrorism, I thought it necessary to warn the President about what was going on. I saw him in his office and said we had done nothing to fulfil our own commitments. When he asked me what I meant, I cited two clear examples.

The first was the negotiations with the TNA, which had shown no progress. He understood immediately what I meant, and acquiesced straight away with the suggestion that I be put on the negotiating team. Ordinarily I would have been wary of putting myself forward, but there seemed to be no alternative, and the President seemed to agree.

The second point I made was that there had been no progress whatsoever on implementing the interim recommendations of the Lessons Learnt and Reconciliation Commission. He evinced surprise when I said this, and declared that he had appointed a Committee which was doing its job. But I told him I thought that Committee had never met, and that he should put me on it.

He agreed again, and immediately rang Lalith and told him to appoint me to both positions. He also told the Secretary to the Ministry of External Affairs, who he thought knew about the work of the Committee, to send me all relevant papers, since I told him that I should see the minutes of meetings and find out what had been going on, if I were to contribute.

Lalith rang me in the car as I was leaving. He told me that the letter putting me on the negotiating team would be sent straight away, and added that he had spoken to Mohan Pieris, who chaired the Committee to implement the LLRC interim recommendations, and he had no objection to my appointment.

I only understood the implications of this after I had put down the phone. I realized that, when the President made a decision, there was no reason for Lalith to consult anyone else. Keeping Mohan informed as a courtesy that there would be a new member of his Committee was one thing, seeking his acquiescence was quite another.

I had every reason to worry. Lalith told me a few days later that it was felt inappropriate for me to be on the Committee since I was a Parliamentarian, and the other members of the Committee were officials. I called the President about this, but he told me he had been told it would not be proper. By then I had been told by the Secretary to the Ministry of External Affairs that there were no minutes of meetings. The only papers he had were those prepared when the Committee was first appointed, and a report was made to Geneva. Like me, he too suspected that the Committee had not done very much.

I told this to the President, who thereupon agreed that amongst my duties as his adviser on Reconciliation would be monitoring the work of the Committee and reporting to him on what was happening. Fortunately Lalith had failed for six months to send me my terms of reference (having it seems lost the original draft I had sent him, and then delayed further when I sent him a copy). So now he made no objection when I told him the President had agreed that this should be added.

I therefore duly got a fairly comprehensive list of duties. But I then found, as noted previously, that Mohan, having first admitted that the Committee had never met, but claimed he was waiting for a date from the Secretary of Defence, finally confessed six months later that the Secretary did not want there to be any meetings. There had certainly been some progress in matters pertaining to the work of the Ministry of Defence, but no measures had been taken to expedite action on other matters of urgency, such as restoration of lands, which the LLRC had highlighted. Read the rest of this entry »

qrcode.26572681Basil had told me that I did not need to worry about the Peace Secretariat being closed because I had another position too, that of Secretary to Mahinda Samarasinghe’s Ministry of Disaster Management and Human Rights. That was correct, and for anyone else that would have been a full time job. But the wider dimensions of the work we did, and in particular the need to coordinate work with regard to the North, had been facilitated by my position at the Secretariat, with the authority to coordinate responses from a range of Ministries.

In theory the Ministry had a coordinating role with regard to humanitarian assistance but, during the course of that year, Basil had ensured that was eroded. The Consultative Committee on Humanitarian Assistance, which Minister Samarasinghe had chaired, hardly met in 2009, and its role was taken over by a Task Force for the North which Basil chaired. That did not initially include any Tamils, which was typical of the command structures Basil enjoyed, though after some protests Minister Douglas Devananda was included.

Still, there was enough to do, given the situation in the Welfare Centres and the need to continue to liaise with the UN, and in particular the Special Representative for the Rights of the Displaced, Walter Kalin, who visited us three times during this period and was extremely helpful, whilst also pointing out areas in which we could do better. I also continued to work on humanitarian support, and in particular tried together with Mr Divaratne, who was the Secretary to Basil’s Task Force, to introduce some cohesion into the inputs of the various Non-Governmental Organizations keen to work in the welfare centres, and then in the areas in which the displaced were being resettled.

Most important of all, though, I felt, was finishing the plans we had been tasked with formulating with regard to Human Rights. One was the National Action Plan, which we had pledged in Geneva at the Universal Periodic Review, in May 2008, that we would get ready. This was done, despite all our work in relation to the conflict, through committees chaired by professionals of great ability, and we managed in the latter part of 2009 to bring the recommendations together and produce a draft.

As important I felt was the Bill of Rights, which the President had pledged in his 2005 manifesto, and for which a Committee had been appointed under the aegis of the Ministry of National Languages and Constitutional Affairs. When Mahinda Samarasinghe crossed over to the government early in 2006 and his Ministry was created, obviously it became the body responsible, but I found when I was appointed to be its Secretary in June 2008 that there had been no progress on the matter. Together with his Consultant, Nishan Muthukrishna, whom I had known long ago as a schoolboy, through the cultural activities I had worked on while at the British Council, we went into overdrive and persuaded the Chair – a distinguished lawyer who was however close to President Kumaratunga and had little confidence in the current President’s commitment to Rights – to produce a draft. He and his committee did in the end deliver, and I had that draft too ready by the end of 2009. Read the rest of this entry »

presidency 25When I read of, and hear, the President expressing concerns about an international conspiracy to destabilize his government, and topple him, I feel immensely sad. One reason is that what he fears is not entirely without foundation.

The idea was put to me, quite politely, by the head of the Sri Lanka desk at the UN, who said that, whereas Mahinda Rajapaksa had been a good leader during the War, perhaps someone else was better suited to lead during peacetime. The young man from our Embassy who had accompanied me to that meeting said the same proposition had been put to Nivard Cabraal. Both of us repudiated the idea, and indeed I recall citing Tolstoy in this connection, given the theory he had put forward in War and Peace, about the visionary Alexander having to take over after the practical soldier Kutuzov had won the war. I have no idea what arguments Nivard used, but I have no doubt that he would have shared my conclusions.

Sarath-Fonseka

… the less polite approach of some Westerners, who put forward Sarath Fonseka for the Presidency

The Tolstoyan imagery was pertinent with regard to the less polite approach of some Westerners, who put forward Sarath Fonseka for the Presidency. This seemed to me rank wickedness, and I believe some European ambassadors shared my view, for they told me – at a farewell lunch I gave the two nicest of them – that they knew what he was like, and could not understand what some of their colleagues were up to.

I am not sure that the Americans, who were foremost in the venture (or at least some of them, for I cannot believe that thoroughly decent people like the then Social Affairs Officer Jeff Anderson were involved) were actually wicked. I have long learnt that one should never attribute to wickedness what can be put down to stupidity. I suspect then that those who still had some values but went along with the idea thought that Sarath Fonseka would split what they saw as the extreme vote, and that this would enable Ranil Wickremesinghe to win.

Ranil's fault

… the whole debacle was Ranil’s fault for having withdrawn.

Ranil however was sharper than them, and withdrew – which is perhaps what prompted Paikiasothy Saravanamuttu, at the Christmas Party given by the then Deputy British Head of Mission, to say that the whole debacle was Ranil’s fault for having withdrawn.

Sarath Fonseka lost conclusively – despite Sara’s efforts to suggest the election had been fraudulent – which is why the protests I suspect had been planned never got off the ground. But the American extremists had succeeded beyond their wildest dreams, because Mahinda Rajapaksa abandoned his visions, and a new homespun Kutuzov emerged.

For with Fonseka as his principal opponent, Rajapaksa had to cover that flank as it were, so that it was extremists who played the largest role in his campaign, not the fundamentally decent and moderate SLFP leadership. And so they have emerged as the strongest influences on policy in the government. Read the rest of this entry »

presidency 23In my student days I had a great friend who simplified Wittgenstein into the theory that people simply created their own mythology. That was a satirical idea, used about the more obsessive amongst us, but I fear it is the most suitable image for what is now happening in government. And the saddest aspect of such personal mythologies is that those who create them begin to believe them, and become enthralled by their own vision of the world, even if it has no connection with reality.

twitter-logo-bird

…sheer ignorance of government about the information revolution that has taken place in recent times

This phenomenon seems to lie behind some of the confusion that has beset the country in the last few weeks. And it is compounded by what seems the  sheer ignorance of government about the information revolution that has taken place in recent times. A simple understanding of the world, as it actually is, would have prevented the efforts to give a positive spin to the President’s meetings with other leaders while he was in New York. But there were immensely optimistic pronouncements, which came an absolute cropper. This was not only because of the immediate response of the American government, but also because several news outlets that Sri Lankans read with ease today cited that response.

The manner in which the Americans corrected the spin ‘government sources’ had tried to put on the meeting the President had with John Kerry was pretty shaming. Their spokesman said, about the report that had appeared in a Sri Lankan paper, to the effect that the American position was softening, that ‘The only thing that was right was that the Secretary did speak with the Sri Lankan president on the margins of the UN General Assembly. He did so with the express purpose of conveying that U.S. policy with regard to Sri Lanka has not changed’. In effect, she made it clear that the report had got everything else wrong, so that she was able to assert clearly the opposition of the American government to what is going on in Sri Lanka. Had we not tried to lie about that, it would not have become known so widely.

A further reflection on what can only be described as the idiocy of those who are interpreting what goes on internationally is that we have been here before. I remember being confidently assured by someone in the Ministry of External Affairs early in 2013 that the Americans were softening, and that there would be no resolution about us in Geneva that year. But even an idiot reading what the Americans were saying would have realized that they were not happy.

SajinNonis-600x493

..they are deliberately misleading him, so that they can fulfil their own nefarious agendas

It is sad to think that those who are now running our foreign policy and advising the poor President are worse than idiots. But it would be sadder to think that they are deliberately misleading him, so that they can fulfil their own nefarious agendas. But that seems to be the truth. Given how clever they have been in getting rid of anyone sensible who might have brought some sense into our actions, one has to conclude that they are not really idiots, but instead devilishly clever.

Certainly to have bamboozled someone I had thought of as one of the shrewdest political minds in the business shows great skill. And what is worse is that they have actually persuaded him to deploy all his own skills to fulfil their own agendas. The efforts to black out the story of what happened in New York might indeed have succeeded, given the persuasive powers of the President, were it not for the immense power now of social media. But the way in which that works, the fact that one cannot limit access to websites, the immense ease with which a story spreads if just a few people with social media capacity and skills are determined to get their message across, all seem to be unknown in the corridors of power in Sri Lanka.

And of course once a story breaks, no one can afford to keep quiet about it. This may not be entirely true in Sri Lanka but, despite the determination of the state media to suppress anything that does not conform to the vision they are propagating, we now have enough and more outlets that will keep the people informed.

So it is astonishing that the President does not seem to understand this. His anger when the story he had tried to suppress broke, and he found out that it would overshadow his visit to the Pope, indicates a mind that is no longer in touch with reality. This is contrary to the hope of one of the few sensible people still in close contact with the President who had hoped, since he had ‘my ears to the ground; in every district, little groups have been talking to me’ that there could be some sort of a reality check. But he too seems to have been overborne by those he described in nothing that ‘Not many speak the truth today and all I hear are blatant lies.’ Read the rest of this entry »

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

Enemies of the President’s Promse: Mahinda Rajapaksa and the Seven Dwarfs – Sleepy (Part 2)

Mahinda Samarasinghe was asked to chair an Inter-Ministerial Committee to implement the Human Rights Action Plan, and as usual I had to do much of the work through convening a Task Force to expedite implementation.

I resigned however in 2013 when I found that, though there was much goodwill from many Ministries, and we got a few things done, no formal coordination of activities and initiatives was possible. I realized that it was impossible without proper authority to expedite decisions and action. I told Samarasinghe in my resignation letter that he should request that a Ministry be set up. While he was the obvious person to be Minister, I told him he should suggest the President take over the portfolio and be his Deputy. This upset him, even though I pointed out that he would still be in the Cabinet with his existing portfolio of Plantation Industries.

He ignored the letter, and simply declared that he would not let me resign, but did nothing further about the matter. So, after my resignation, hardly anything happened, with Mahinda Samarasinghe uncertain too about his own position, being often asked to go to Geneva at the last minute for Council sessions. By 2014 he was talking about resigning himself, but characteristically he held on to the position, though in effect doing nothing to promote the Human Rights Action Plan.

Human Rights were grossly neglected by the Foreign Ministry, with no invitations to any Special Rapporteurs, until they were forced to interact more positively from late in 2013. Contrariwise, we had tried to engage with them constantly, and had indeed had invaluable support from the Special Representative on the Rights of the Displaced, Walter Kalin, who came to Sri Lanka three times during the conclusion of the War. But there were no visits after that until the High Commissioner herself came in 2013, followed by Kalin’s successor.

All this was of a piece with Peiris’s failure to recognize, or unwillingness to convey, that the Human Rights situation was worrying for Sri Lanka. Unlike in the days when the dedicated Ministry under Mahinda Samarasinghe coordinated responses to critiques, writing and disseminating the most effective ones, there was now no concerted response to attacks on us. As a result, the impression gradually developed that we could not answer the many allegations against us.

***

 Most pernicious for Sri Lanka was the failure to deal consistently and coherently with the UN on what were termed accountability issues. Well before GL  became Foreign Minister, the President had agreed, in a joint communication with the UN Secretary General, to address such issues. Nothing was done about this, and there was no response too later in 2009 to an American query about possible violations of law. This was very politely worded, and included material that would have helped us rebut any serious charges, but the President simply appointed a committee chaired by an octogenarian lawyer, which never met. My constant reminders to members of the Committee, and to Mohan Pieris who was Attorney General, and seen as the front man on such legal issues, achieved nothing, though Pieris kept assuring me that he understood the seriousness of the problem.

With nothing done for nearly a year, the Secretary General appointed his own panel of experts, headed by ‘Kiki’ Darusman of Indonesia, and including an American who had previously suggested that Sri Lanka was a genocidal state. Though members of government demonstrated against this, there was no formal response from the Foreign Ministry, which GL by then headed. The impression created was that this was not a serious issue for the country, but simply an opportunity for politicians to score brownie points by establishing their patriotism. Read the rest of this entry »

7 dwarfs introIn May 2009, Sri Lanka seemed on top of the world. Under President Mahinda Rajapaksa, the Sri Lankan government and forces had defeated the Liberation Tigers of Tamil Eelam, a terrorist movement that had dominated Tamil politics in Sri Lanka. It had survived conflict with not just successive Sri Lankan governments, but even the might of India.

Though the Tigers had been banned by several countries, there was some sympathy for them in many Western nations who could not make a clear distinction between them and the Tamils of Sri Lanka, who they felt had been badly treated by successive Sri Lankan governments. Fuelled by a powerful diaspora that sympathized with and even supported the Tigers, several Western nations had tried to stop the war being fought to a conclusion. When this attempt did not succeed, they initiated a special session against Sri Lanka at the Human Rights Council in Geneva, but the condemnation they anticipated of the Sri Lankan government did not occur.

Instead, Sri Lanka initiated a resolution of its own, which passed with an overwhelming majority. It received the support of most countries outside the Western bloc, including India and Pakistan and China and Russia and South Africa and Brazil and Egypt.

Less than three years later however, the situation had changed, and a resolution critical of Sri Lanka was carried at the Council in Geneva in March 2012, with India voting in its favour. The resolution had been initiated by the United States, and it won support from several African and Latin American countries, including Brazil, that had been supportive previously. The following year an even more critical resolution was passed, with a larger majority. This was followed in 2014 by a Resolution which mandated an investigation by the Office of the High Commissioner. India, it should be noted, voted against this Resolution, but it still passed with a large majority.

Meanwhile international criticism of Sri Lanka has increased, and it had a very tough ride in the days leading up to the Commonwealth Heads of Government meeting held in Colombo in November 2013. Though the British Prime Minister withstood pressures to boycott the event, the Indian Prime Minister did not attend. Though the Indians did not engage in overt criticism, the Canadian Prime Minister was extremely harsh in explaining why he would not attend. And the British Prime Minister made it clear that he would raise a number of issues suggesting that Sri Lanka needed to address several grave charges.

How had this happened? How had a country that dealt successfully with terrorism, and did so with less collateral damage than in other similar situations, found itself so conclusively in the dock within a few years? How had it lost the support of India, which had been strongly supportive of the effort to rid the country of terrorism? Read the rest of this entry »

Rajiva Wijesinha

May 2017
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