Local and foreign HR

Committees no beauty
contests Jayantha Dhanapala
By Niranjala
Ariyawansha-August 3, 20!

Sri Lanka would not have faced a crisis situation if the LLRC recommendations on the
ethnic issue were implemented at the right time. Then, the issue of an international
inquiry on war crimes and human rights violations would not have arisen. The delay
only paved the way for the U!RC to "uild pressure on the government. The LTT#
has "een crushed. $t is time to "uild confidence with the Tamil people. %ll Tamils are
not the LTT#.

&ragging the feet on issues which need urgent attention has aggravated crises in the
country. The 'aranagama Commission and the three mem"er foreign committee
appointed "y the 'resident should not "e viewed as a "eauty contest opined (ayantha
&hanapala, a former U Under)Secretary)*eneral and a former %m"assador of Sri
Lanka to the US% and a permanent representative at the U +ffice in *eneva in an
interview with Ceylon Today. !e is currently the 'resident of the o"el 'eace 'ri,e
winning 'ugwash Conferences for Science and -orld %ffairs and %cting Chairman of
the Stockholm $nternational 'eace Research $nstitute .S$'R$/.


01
-hat will "e the outcome of the ne2t session of U!RC on Sri Lanka3
%1 The outcome of the U!RC pro"e on Sri Lanka is unpredicta"le at this stage. 4ut
the information availa"le reveals that the Tamil &iaspora is attempting to "ring charges
against Sri Lanka. %mnesty $nternational and !uman Rights -atch have also "een
gathering evidence against Sri Lanka since 5676. Channel)8 documentaries are
evident of their moves. $n this conte2t, the Sri Lanka *overnment needs to face the
case against the country in the right manner. $nstead, the government took a decision
not to allow the investigation panel of the U !igh Commissioner of !uman Rights to
enter the island. &ue to this decision, the government has lost the opportunity to spell
out its position. $t is a very serious set"ack. -e could have reported facts from our
side. The aforesaid decision has stalled it. -e cannot e2pect a positive outcome from
the pro"e in this "ackdrop.


01 'resident 9ahinda Ra:apaksa appointed three foreign representatives to advise the
Commission on 9issing 'ersons. -hat are your comments3
%1 The Ra:apaksa *overnment which has "een re:ecting the war crimes charges since
566; has all of a sudden issued a *a,ette otification on 7< (uly to "roaden the
scope of the 'aranagama Commission. -hat is the "ase for this "roadening3 -hy
was it delayed3 They had to do it in 566;. $f they did so in 566;, the need for an
international pro"e against Sri Lanka would not have arisen. ow, almost five years
later, the government says that three e2perts have "een appointed to pro"e the errors
committed "oth "y the LTT# and the government.

$ know two of avi 'illay=s panel very well. %sma (ahangir is former 'resident of
'akistan=s Supreme Court 4ar %ssociation and of the !uman Rights Commission of
'akistan. 9artti %htisaari is former 'resident of >inland and o"el 'eace Laureate.
The Chair of the three)mem"er committee of e2perts appointed "y 'resident 9ahinda
Ra:apaksa to advise the 'aranagama Commission, Sir &esmond Silva was educated
at Trinity College, ?andy with me. $n addition, there are three more e2isting mem"ers
of the 'aranagama Commission. $ want to highlight that this is not a "eauty contest. $f
these e2perts come to know that this is a contest with the international pro"e, they will
definitely resign.

-hat is the actual goal of this Commission3 $t has to find the truth and "uild
reconciliation. They have no other political o":ective. They have come with their
knowledge and e2perience to advise us. They are renowned professionals who
maintain high standards internationally. %s far as $ know, they work according to
international principles and humanitarian laws. They work for the advantage of neither
the Tamil &iaspora nor the Sri Lanka *overnment. They will act independently and
moderately. Therefore, this cannot "e a competition. $f the government tries to make
this a competition, remem"er, we will eventually lose.

$t is not clear to me why this Commission is appointed at this :uncture. The
government has done two things here. >irst the Commission was earlier mandated
only to pro"e the disappearances. ow it has "een "roadened to pro"e the human
rights violations. The e2perts will not wait for advice. &o you remem"er what
happened in the Udalagama Commission some time ago3 %s the former $ndian Chief
(ustice 4hagwati was "lamed, he quit the Committee. Udalagama Commission
compiled a report that no one has seen or known. 'rof. Tissa @itharana produced
%'RC report. o"ody knows what happened to that report too.

$t is good from our part to have an international pro"e. The LLRC produced a good
report "ut they had no mandate to look into accounta"ility. $t did not have a research
wing too. There was no %ct to protect the witnesses. Such a 4ill was promised a long
time ago and it is a non)entity yet. -ill people come forward without fear to testify
"efore the 'aranagama Commission in such a "ackdrop3 (ustice 'aranagama said
although the international community asks us to have a credi"le domestic inquiry, the
witnesses do not cooperate with us. This is a very old argument.

$ have also asked for the details a"out the disappeared persons when $ was the U
'ermanent Representative of Sri Lanka at *eneva. 4ut they said the information was
confidential and revealing them would "e detrimental to the relatives. %ccording to the
schedule, the new U !igh Commissioner on !uman Rights must su"mit a report in
Septem"er. The written report of the international pro"e must "e su"mitted in 9arch
567<. That will pave the way for us to know a"out the charges against us. -e do not
know how the report will "e "ut already as per the information of the !uman Rights
&epartment at *eneva, there is the possi"ility of having pro"lems. -e have lost the
opportunity to answer the charges against us. That is the "iggest pro"lem $ have.


01
The U!RC urged a domestic mechanism to investigate disappearances. -hy cannot
Sri Lanka claim that the Commission on 9issing 'ersons is a domestic mechanism3
%1 The resolution passed at the U!RC clearly mentions in its operative paragraph A
5, the need for a domestic mechanism. They highlighted the same in 5675 and 567B
as well. This Commission is accepta"le "ut $ want to say that this investigation on
disappeared persons is a huge process. $t is needed to inquire from families, the
military and the government. $n addition, now the Commission is assigned to pro"e
whether there had "een any human rights violations. The questioning scope has "een
enlarged and it is difficult to predict whether the 'aranagama Commission will have
adequate time to pro"e all those matters.


01
-ill the government "e a"le to save face at the U!RC using the 'aranagama
Commission as a cover3
%1 $ don=t think that will work. $t is too late now. -e appointed the LLRC a year after the
war ended. The LLRC produced its report in &ecem"er 5677. -e could manage with it
as the LLRC comprised eminent persons. $ also testified "efore it. Some *+s did not
come forward to testify and $ opposed it. 9y stand from the "eginning was that we
needed to support this Commission. >inally, they produced a report which is C<D
satisfactory in my evaluation. 4ut the LLRC could not find if there were any persons
who violated human rights. The reason is that the LLRC had no mechanism of
investigation. The witness protection %ct was also unavaila"le. !owever, the U!RC
admitted the good points of the LLRC report although there were shortcomings.

The resolutions in 5675 and 567B mostly stressed to implement the LLRC
recommendations. -e should have implemented a domestic mechanism long "efore.
-e may not have faced these pro"lems if those recommendations were implemented.
+ur delay has posed a massive threat to the State. The fault is with us and not with
the foreigners.


01 There is a saying that the devil must "e sought at the place where he is and not in
places where he is not. -hat are your comments3
%1 -e must not speak a"out the devils "ecause people might misunderstand. 4ut we
must do something if the fault is on our side, although we tend to "lame outsiders. -e
know that the %rmy rendered a yeoman service "y defeating the LTT#. 4ut we must
pro"e if anyone had committed wrongs. +therwise it may damage the image of the
%rmy. >or instance, former 'rime 9inister, Sirimavo 4andaranaike conducted a pro"e
regarding the killing of 'remawathi 9anamperi in 7;C7 and the offender was
sentenced to :ail. 'resident Chandrika ?umaratunga ensured that the offenders in the
?rishanthi ?umaraswami case were punished. Such :udgments did not damage the
image of the entire %rmy. Therefore, we need to pro"e the incidents if there are any.
Truth and reconciliation is good for our morale. $t is essential.


01
Eou often highlight the South %frican e2ample. South %frican @ice 'resident
Ramaphosa visited Sri Lanka recently. -hat are your comments on that3
%1 Truth and Reconciliation process is a fine e2ample which Sri Lanka can take from
South %frica. !owever, 'resident 9ahinda Ra:apaksa said that he discussed with the
South %frican 'resident parallel to the C!+*9 held in Sri Lanka and Ramaphosa
would come as a result of it. The decision on this visit was secretive. !owever,
eventually the &eputy >oreign 9inister said in 'arliament answering a question that
he had come to Sri Lanka to discuss his e2periences and to seek the possi"ility of
implementing a similar mechanism in Sri Lanka. !e visited (affna. 9inister -imal
-eerawansa spoke against it. -e still do not know the outcome of the visit. $t is still a
secret. $t is not clear to us what the government=s process is. These facts must "e
made pu"lic in a democratic country. The government must discuss these pro"lems
openly with the people.


01
-hat is your view on the T% re:ecting to participate in the 'arliamentary Select
Committee to seek solutions to the ethnic pro"lem3
%1 -e know that the Tamil ational %lliance .T%/ is not in good terms with the
government. &iscussions are needed to minimi,e the differences. They are called to
participate at the 'arliamentary Select Committee .'SC/. 4ut the T% charges that
direct talks "etween the government and T% had "een suspended "y the
government and now they have no reason to discuss it at the 'SC. They think the
discussions may not have a positive outcome due to persons in the government like
Champika Ranawaka and -imal -eerawansa who are against the T%. They want to
come to an agreement first with the government and then discuss issues at the 'SC. $
am not taking the side of the T% "ut they must "e given a hearing. There was the
%'RC and there is no need for another 'arliamentary Select Committee.

%t the %'RC, Tissa @itharana tried his "est to create a consensus regarding the ethnic
pro"lem. The 9angala 9unasinghe report that came "efore was also a very good
report. $t was ta"led in 'arliament. 4ut we do not know what happened to Tissa
@itharana=s report. !ow can we impress others to come to the 'arliamentary Select
Committee or to accept it, with a past record like that3


01
-hen war crimes charges are "rought, the government always says that the %rmy
waged war with the LTT# with a gun in one hand and the U &eclaration on !uman
Rights in the other hand. !ow do you view that position3
%1 -hy do we need to "e so much afraid of a domestic or international mechanism to
pro"e us, if this statement is genuine3 $f we are confident a"out that statement of
waging war with gun in one hand and the !uman Rights &eclaration in the other hand,
we have nothing to worry. -e have only to prove it.


01
-hat is the guarantee for the safety of the persons who testify "efore the 'aranagama
Commission in the conte2t the witness protection 4ill is not "eing made into law3
9inister of 9edia and $nformation, ?eheliya Ram"ukwella, has issued a warning to the
persons who may testify "efore the foreign monitors...
%1 $ came to know that there is a group of Sri Lankan e2patriates who know very well
the way the war was fought. $n such a conte2t, if they testify and prove the cases, it will
"e a great "low to Sri Lanka=s future. They see a grave risk on their lives. The
government media and several 9inisters insulted the persons who participated at the
U!RC in *eneva calling them traitors. 4ut that is a human right of any person.
imalka >ernando, 'aikiasothy Saravanamuttu or any other person has a right to
speak a"out the human rights violations of this country at international human rights
conferences. The sovereignty of individual States is a very limited concept in the
modern world.

#ndorsing and ratifying international covenants means we are sacrificing a part of our
sovereignty. -ithout understanding this, people scream meaninglessly a"out
damaging the sovereignty and interfering and so on. #very country has to undergo this
phenomenon and we cannot define it as interfering in internal affairs. -e have
endorsed the U Charter and a num"er of other agreements including the
$nternational Covenant on Civil and 'olitical Rights .$CC'R/ and other conventions
aimed at elimination of discrimination against women, torture and so on. The
international community acts on that understanding.

U has 7;B mem"er States. They all act together to improve human rights conditions.
That is why a Commission was appointed last week to look into the war crimes in
*a,a. Such pro"es are held not only against us. Therefore, it is not a treachery to
testify "efore these Commissions.


01
$s it a pro"lem related to the sovereignty of the country or is it arrogance of the
government3
%1 The people of the country must look into this pro"lem. 'eople must "e aware
whether these actions of the government are taken on the personal wishes of
politicians or they are for the "enefit of the country. 'eople understand them through
the e2posures from the media.


01
-hy does the government take negative stands on the pro"lems that must "e
resolved diplomatically3
%1 +ur foreign policy has "een weakened. -hen we look "ack, we can see that the
country had no pro"lems that affected the reputation of the country internationally
during the time of former 'rime 9inister Sirimavo 4andaranaike. +ur foreign policy
was very good and we chaired the on %ligned 9ovement also. -e maintained
relations with countries like US, Russia or China "ased on our principles. $t is clear
that we do not respect the foreign policy now. >or e2ample, we supported 'alestine in
the *a,a issue. 4ut some in the government are on the stand that $srael must "e
"acked. $ understood through media reports that the 9inistry of &efence is on a stand
that is supportive towards $srael. This is evidence that the government does not act
"ased on positive principles.


01
&o you mean that the
*overnment of Sri Lanka is diplomatically naFve3
%1 Ees. They have no diplomacy. +ur >oreign 9inistry is weak in all senses. See,
during 'rime 9inister Sirimavo 4andaranaike=s time, she was the >oreign 9inister. -e
were proud of a >oreign 9inister like Lakshman ?adirgamar. !is campaign against the
LTT# was very successful. +ther countries listened to him. 4ut today no country
listens to us. -hy3


01
-hat could "e the ma2imum threat to Sri Lanka at the ne2t session of the U!RC3
%1 The U!RC has powers to make recommendations. These recommendations go to
the U Security Council which decides economic sanctions. -e know China and
Russia may use veto against universal sanctions. 4ut that will not defend us. 9ost of
our economic relations are with the #uropean Commission and the US. $f they impose
economic sanctions against us, it will "e highly detrimental to us. The garment industry
may "e affected severely as our products are mostly "ought "y the US and #uropean
countries. $ndividual countries also can impose sanctions.

Some countries can re:ect visas for Sri Lankan citi,ens. $f the U!RC panel rules that
certain persons have committed war crimes, they may "e "locked entrance to those
countries. They can "e "anned travelling "y air. They may face personal punishment
too. $f they go to a country which has "arred them, they can "e sued. The Security
Council can direct them to the $nternational Criminal Court. 4ut Russia and China
have a veto there too. %s Sri Lanka has not endorsed the Rome &eclaration on -ar
Crimes, Sri Lankans cannot "e taken to the $nternational Criminal Court or to the
electric chair.


01
&o you have an idea a"out what the Ra:apaksa *overnment is doing at this :uncture3
-hat are they really doing3
%1 %ctually the government has focused only to guarantee victory at the ne2t election.
The war crimes charges or the human rights charges are not "ig issues to the
Ra:apaksa regime. The government does not care a"out the damage to the nation
through these allegations. Selfishness is the criteria of the government. That is what $
can say to you "ecause $ cannot understand this. $ cannot understand the reasons for
this calamity.

This is a highly crucial moment the !ead of State must take decisions. $t is not
necessary to consider whether the decisions are popular or not. $f 'resident 9ahinda
Ra:apaksa can come to a clear political stand without listening to the e2tremist
elements in the government, he can "e a personality like elson 9andela. -ill
'resident Ra:apakse do the same and lead our nation to a permanent peace and
sta"le reconciliation3

01
+ne of LLRC=s main recommendations is the devolution of powers. 4ut it has not "een
implemented yet. That is why there is pressure from *eneva to implement the
recommendations. -hat have you got to say3
%1 >or instance, why cannot we sing the ational %nthem in "oth languages according
to the recommendations of the LLRC3 -hat is wrong in that recommendation3 $
cannot understand.
$ have "een in a place where such ational %nthems were sung in "oth languages.
-hat is the meaning if Tamil nationals cannot sing the ational %nthem in their own
language3 %re they not citi,ens of our country3