US State Dept. Report is an Extraordinary Rendition of events in Sri Lanka!
March 15th, 2008
A panel discussion titled ‘War, Peace and Human Rights: Sri Lanka after the Eastern Elections’, was held on Friday, March 14th, on the sidelines of the Seventh Session of the Human Rights Council in Room XXIV of the Palais des Nations from 13:20 to 15:05. The discussion was moderated by Dr. Nalaka Mendis, Professor of Psychiatry, University of Colombo.
[Panel Discussion, Mar 14th-pic:LankaMission]
The panel consisted of H.E. Dr. Dayan Jayatilleka, Ambassador/Permanent Representative of Sri Lanka to the UN, Geneva, Ms. Shirani Goonatilleke, Director Legal, Secretariat for Coordinating the Peace Process, Mr. W.J.S. Fernando, Deputy Solicitor-General, Attorney General’s Department, Mr. Yasantha Kodagoda, Deputy Solicitor-General, Attorney General’s Department.
Ambassador Jayatilleka who laid the framework for the discussion traced the history of the conflict and the many attempts made by successive Governments to find a political solution to the war that has been waged on the people of Sri Lanka for more than 25 years by the LTTE.
“The Sri Lankan state did not start the war but a war of aggression has been waged on it by a ruthless terrorist organization, the LTTE” he reminded the international audience of 30 representatives from Permanent Missions, civil society organizations and Sri Lankan professionals attached to international organizations.
The Ambassador who divided the conflict in Sri Lanka into two parts as pre-1987 and post-1987 said that in July 1987 following the signing of the Indo-Lanka Peace Accord all other Tamil armed groups had renounced violence and agreed to enter the democratic mainstream in order to secure the rights of the Tamil minority. However, the LTTE did started waging a war against the Indian Peace Keeping Force, the IPKF, by October 1987.
Dr. Jayatilleka highlighted that it was incomprehensible to many international observers why the LTTE had repeatedly and unilaterally withdrawn from peace talks in which successive governments has agreed to a degree of autonomy and political devolution.
Following the election of President Mahinda Rajapakse in November 2005 the LTTE launched a series of unprovoked attacks on civilians, armed forces and political leaders in spite of the 2002 Cease Fire Agreement (CFA) being in place.
Ambassador Jayatilleka repeatedly stressed that Sri Lanka which has been a functioning and vibrant democracy since 1931 has been under siege from the LTTE (Liberation Tigers of Tamil Eelam) which has been described by the FBI as among the most dangerous and deadly extremists in the world, having perfected the use of suicide bombers, invented the suicide belt, pioneered the use of women in suicide attacks, murdered some 4,000 people in the past two years alone; and assassinated two world leaders-the only terrorist organization to do so.
“Sri Lanka is waging a just war to defend itself and this is allowed under international law”, he stressed.
Responding to questions from the audience, Ambassador Jayatilleka quipped about the “extraordinary rendition” of events contained in the recent U.S. State Department report on the human rights situation in Sri Lanka. The references in the report to paramilitaries were ironic given the experiences in Diyala and Anbar provinces in Iraq, where former Sunni fighters, referred to by some as paramilitaries, were now part of the stabilisation effort. This was even truer in other parts of Iraq such as Basrah, where power was handed over to armed Shiite personnel belonging to the government, but condemned by some as paramilitaries led by warlords. This reliance on so-called paramilitaries and the holding of elections under less than normal, even violent conditions was an inevitable feature of stabilisation efforts in conflict zones. Recently, when in South Asia, an election campaign was marred by suicide bombings and an Opposition Presidential candidate was killed by a suicide assassin, the West kept urging the holding of elections as the best answer to terrorism, but in Sri Lanka they urged exactly the opposite concerning our Eastern province.
Dr Jayatilleka explained Sri Lanka’s current disinclination to accede to the demand for a large scale standing presence of the OHCHR as arising from 3 reasons:
Firstly he explained that Sri Lanka was not an emerging democracy recently liberated from a one party democracy or military dictator ship. . Sri Lanka has had parliamentary democracy since 1931 and independence since 1948 and therefore had well-developed national institutions.
Secondly, he said that several counties which had field offices of the OHCHR advised Sri Lanka in discussions with the Minister of Human Rights and our delegation, that given their experience, and Sri Lanka’s situation, the most effective solution for Sri Lanka is to strengthen our national institutions.
Thirdly he said that many countries within the Human Rights Council had called for better regional representation and transparency of the OHCHR. Once this has been achieved, Sri Lanka may be able to consider a new equation with the Office, but until then certain questions did not arise.
Mr. Yasantha Kodagoda, Deputy Solicitor-General who updated the audience on the current state of military operations against the LTTE said that in April 2003 the LTTE has unilaterally abandoned peace talks, de facto withdrawn from the CFA and then committed a series of violations of the CFA including attacks on Mavil Aru and Muttur which were villages located in the Eastern Province and outside the control of the LTTE.
During the course of 2007 the Sri Lankan forces were engaged in clearing the Eastern Province of LTTE terrorist and liberated Vakarai and Toppigala with near zero civilian casualties, and to do so these operations required time, meticulous planning and implementation.
Mr. Kodagoda said the earlier this week the first round of local governments elections had been held in Batticoloa and those elections for the Eastern Provincial Council would be held in May as part of the commitment of the government of President Rajapakse to restore full civilian administration in the Province.
Referring to the current military operations being conducted in the Northern Province he said that the LTTE was now in control of only two and a half districts which are Kilinochchi, Mullaitivu and a part of Mannar and that he was hopeful that the forces will be able to liberate these areas shortly from the illegal occupation of the LTTE.
Mr. Kodagoda once again stressed that the government and the forces are committed to avoiding civilian casualties, upholding human rights and protecting the sovereignty and territorial integrity of Sri Lanka.
Ms. Shirani Goonatilleke, Director Legal, Secretariat for Coordinating the Peace Process spoke on the multiple dimensions of the peace process in Sri Lanka. She stated that though the peace process had had through the many years of the conflict its ebbs and tides, it was never extinguished. She emphasized that it did not neatly fit into theories of conflict resolution and that this has contributed to at times a poor understanding of its complexity by observers.
Ms. Goonetilleke reminded the audience that the peace process in Northern Ireland had taken numerous years to reach fruition and that the Good Friday Agreement itself had taken almost three years to be concluded.
She outlined the confidence building and stabilization measures undertaken by the government including the process of striving to achieve political consensus engaged in by the All Party Representatives Committee (APRC) which is composed of political representatives of all ethnicities. Even those parties which have not participated had been allowed to make written submissions to the APRC.
In the Eastern Province the first batch of Tamil policemen and women had recently passed out. These recruits had been drawn from the local communities in the Eastern province and have been deployed back to serve their communities in yet another confidence building initiative.
Ms. Goonetillake who briefly explained other work undertaken by the Peace Secretariat. She spoke of programs inititated by the government to promote bilingualism and multilingualism as this was one of the most divisive issues in Sri Lanka. However, she was hopeful for the continuation of the dialogue in this critical area. She urged the audience to join in the quest for peace and justice.
Mr. W.J.S. Fernando, Deputy Solicitor-General said that the Supreme Court of Sri Lanka which is an independent institution and the apex court of the country had on several occasions in recent times reversed policies of the government, such as ordering the removal of security check points and also ordering the return of Tamils expelled from the lodges in Colombo. The government was even ordered to bear the cost of bringing them back to Colombo.
He also stated that expanded field presence of the Office of the High Commissioner for Human Rights (OHCHR) was unnecessary in Sri Lanka as it has robust institutions for the protection of fundamental and human right. However, he said that Sri Lanka could further benefit from capacity building and technical assistance in this area.
Mr. Fernando who expressed his skepticism about such an Office also reminded the audience to keep in mind the domestic repercussions of such an expanded OHCHR presence especially since the people in Sri Lanka had full faith in the national institutions.
“Given the recent negative experience with the IIGEP, we do not have the appetite for another international monitoring mission”, he said.
Further elaborating on the subject Mr. Yasantha Kodagoda, Deputy Solicitor-General said that the fundamental objection to the presence of an OHCHR field office in Sri Lanka was the lack of predetermined objective criteria that would determine whether a country’s situation warrants presence.
He also stated that such an Office would also have to bring tangible benefits to all communities of Sri Lanka.
Related: Sri Lanka: US Dept. of State Country Report on Human Rights Practices
Entry Filed under: Federalidea
21 Comments Add your own
1. Preethi | March 15th, 2008 at 9:39 pm
Do you think UN organisations are impartial ?
If so why they employ only tamil people in Sri Lanka and not emplyeying local staff in fair manner at least to represent ethnic ratios ?
2. mervyn mendis | March 15th, 2008 at 11:50 pm
I wish and pray for more statesmen like dayan jayathilaka to let the west know the true nature of the fight we are in and the rightful steps that are taken by the govt. to eradicate this menace. I was very impressed by the presentation, because up untill then there has been no aggresive international stance taken by the govt. This is the way to go. The govt should have many more such foras to educate the west and to count the propaganda machinery of the terrorists.
3. Expatriate | March 16th, 2008 at 3:52 am
Stop lying Mr. Jayatilleka, and stop spreading your lies ,explain the UTHR report. Explain Dr. Manoharan’s charge against Samarasinghe.
The US is getting wiser about your country’s lying ministers and diplomats’ attempts to provide cover to your gangster bosses, and the time is not far away when you will all be arrested and jailed, if not hanged, for being part of a murderous regime. China, India, Russia and assorted third world dictators and banana republics can’t save you forever.
4. sam | March 16th, 2008 at 5:33 am
This US State dept report was totally out of context. It was unexcusably wrong of the US & more over Robert Blake to state that these were taken out in context of various INGO/NGO and News paper reports.
Blake himself was on the spot. Also, he too meddles in SL affair with his two cents. Also he is aware how fractured the conciences of the INGO.NGO & Media in SL. Yet with Blakes connivance US State Department continued to submit such a flawed & ambiguous report. It was indeed dissaponting in terms of USA who themselves are fighting terrorists.
On the one hand USA trained the SBS of the Navy, there were many visits by many services & govt personell. As most recently they concluded training of another batch of servicemen. What is this tongue in cheek attitude towards SL. To please and appease GOSL & Terrorists alike.
GOSL - Why do we need to recruit a batch of policemen from the E#ast who are tamil speaking? “TO appease the international community?” This is stupid. This is to appease the unreasonable or double standards of the International coomunity view on SL?
ALL THAT WE NEED TO SUPLEMENT REQUIREMENT OF THE TAMIL SPEAKING MINORITY WAS TO APPOINT BI OR TRI LINGUAL INTERPRETERS TO ADDRESS THE PROBLEM.
CERTAINLY, EVERY POLICE STATION NEED SUCH iNTERPRETER/tRANSLATORS. tHEN, EACH dICTRICT sECRETARIAL TOO COULD HAVE A NUMBER OF REGISTERED INTERPRTER/TRANSLATORS WHO WILL BE CALLED TO PERFORM IF AND WHEN NECESSARY.
” GOSL does not need to please the minorities or appease the International Community”. Do things in a manner to overcome the problem.
OHCHR officers are required throughout the country only if their service comes with technical assistance. otherwise it is not necessary for them to just preach.
What GOSL need to do is to put the SL Police in order
for the people to have confidence in then & who will then be equipped to uphold the fundamental rights of thwe citizen. Untill such time this is restored, we require these field offices culminated with compulsory technical assistance.
More than recruiting Tamil Personell, what GOSL require is to speedily settle those in refugee camps. For this INGO/NGO/Christian organisation need to provide unstinted support through colaboration with the GOSL.
AND
The International Community must tell and take action to neutralise LTTE. There is no place for Prabakaran & his murderers. if this is not done forthwith, nothing above is possible.
It is time for the Intl. Community, The INGO/NGO/Christiam Organisations to come clean.
But I don’t see that happening with such truant report coming out of the US State department and with a double headed snake as Robert Blake at the helm of US affairs in SL.
He is just abusing the hospitality & the freedom afforded by SL. I wish the hand of GOD catch up with him before his term ends in SL.
5. gann | March 16th, 2008 at 8:09 am
Wake up world is fully aware of what is happening in SRI LANKA.
Please don’t fool the world and make a mockery of yourselves.
6. Canaga | March 16th, 2008 at 8:17 am
I am suprised at this discussions!
Why was the LTTE formed - after all peaceful talks and agreements was made unworkable by the respective SL Governments.
The Tamils also faced repeated brutal attacks over many years, prir to the fromation of the LTTE.
The various Governments of SL were totally responsible for the formation of the LTTE.
7. ratna | March 16th, 2008 at 9:01 am
The Team cleverly ignored Jaffna which was liberated from LTTE 13 years ago. Even after 13 years of occupation by Srilankan government’s armed forces, the population is treated like slaves, there is absolutely ‘zero’ value for human rights.
Same fate will happen to people of Mannar, then Killinochi, Mullaitivu.
Defeating LTTE is different and abusing power is different. I cannot understand how educated people like this Team ignoring this.
Is that ‘power’ pointed at them too?
8. raj | March 16th, 2008 at 9:30 am
You don’t have to be genius to know where the problem originates in SL. Like Preethi(#1) expects employment has to be based on ethnic ratios. Who is best qualified for the position is not what is desired. Its a fools paradise.
9. raj | March 16th, 2008 at 9:34 am
You don’t have to educate the West Mervin(#2). They know everything. You can only fool yourselves by standing up those forums and repeat your lies believing that it will turn out to be a truth one day. Like many others Dayan is wasting his life and his good education to be lair.
10. Don B. Wijetunge | March 16th, 2008 at 9:46 am
This is a good start to make aware of the world the situation in Sri Lanka. However, speakers attempt to spin a story of a country with well established state institutions and a thriving democracy is foolhardy. Yes we have well established state institutions and machinery but large majority of key personal in them are government appointees. Nepotism and corruption is endemic in the system. In our thriving democracy opposing views are not tolerated. Perhaps the intelligent eloquent people who presented this may do better if they adopt the philosophy that ‘honesty is the best policy’.
11. JayPee | March 16th, 2008 at 11:16 am
How long the Srilankan Government can hoodwink the rest of the world that they genuinely try to find a solution to the Ethnic conflict now they named as Terrorist problem.
Since the International Community was actively involved in the last peace process they first gave a chance and priority to the state to come up with the plan and helped ban LTTE. They failed miserably. What stop from the state to come up with a blue print that can be achievable than blaming the LTTE for all of its misfortune.
GoSL in the name of fighting the Terror (under GW Bush’s doctrine) got all the help and showed the real colour to the very IC helped to isolate the LTTE in the international Arena.
Now the IC woke up to see the other side of GoSL for the past 60 years (though the IC knew from the beginning, they were reluctant participant until the 2002 CFA) there are no country which will sing sermon to the GoSL’s rhetoric.
Dayan will do the lip service to his boss and his race and the comments and writings of Dayan in the recent past seems isolate Srilanka more and more in the Western World than make new friends.
GoSL again and again hoodwink its Racist nature by telling the world that it is LTTE the problem and if not for the LTTE peace will prevail. So then where is the solution and what happen to APRC?
Whether LTTE’s ban will be lifted or not in the western countries is not a question here, the question is whether GoSL will be put in the dog house or not (Losing GSP)/ whether it will be classified as pariah state in the near future.
12. Jey P | March 16th, 2008 at 11:50 am
I can appreciate a government trying its best to protect itself. This is probably what every nation tries to do in international forum.
Comment on #1
Have you been inside an UN office? Have you counted the number of Tamils and Sinhalese working there? Who says that there should be ethnic ratios in an International organization? I can understand that there should be so many Sri Lankans and so amny Americans but Tamils and Sinhalese? Isnt that which got us all into this mess in the first place? Shouldn’t appointment be by merit alone? See where South African crikect is heading?
Have any of those who attended these meeting and who comment on these met with those who have lost loved ones through abduction? Everyone of you rises up and accuses the IC if bias and the LTTE of sending out false propaganda. Have you seen the other side of the story?
If the Government were to bring to justice those responsible for the cases that have been properly identifies then they could talk but there has be no justice for anyone. Its all very nice to sit in AC room and pontificate but where is your compassion for your fellow Sri Lankans or is it only limited to your own kind? Where are the principles that Buddha realized that lead him to lead the kind of life He did?
oh I get it now this is only about crushing the LTTE not about building a country.
Dayan Jayatillaka is no saint. He is dead scard of the LTTE especially after his experiment in socialism with the EPRLF failed.
Everyone one of us will suffer eventually. Dont forget what happened in Germany in WWII.
13. selva | March 16th, 2008 at 5:09 pm
As the Ambassador said if the LTTE would have handed over all of its arms and put the responsibilty on the Indian Army to get a Federal solution like that of India as they promised everything would have been over. But they handed over the brokened arms and creating an enviorment to start the war. For them what is important is not getting the rights of the Tamils but it should be told that it was won by the Tigers. If they would have allowed the the Indian army to stay Sinhalese should have been forceed to accept a solution similar to that of India at least. If Sinhalese wouldn’t have prefered to give anything like that Northeast would have become another Nothern Cyprus. If Nothern Cyprus solution is acceptable to NATO, permanent Indian occupation also acceptable to the International community. India as it is said in Bagavathgeethai without thinking of the concequences must fight against injustice.
14. 2ndClassTamil | March 16th, 2008 at 6:58 pm
Sam’s (#4) comment is not different from what transpired at the panel discussion. They all answer ‘Malle Pol’ (Coconut in the bag) to the question ‘Kohethe Yanne?’ (Where are going?).
The question will be asked again and again, until it is treated with respect, and answered earnestly.
My advise: It’s time to do some serious thinking.
15. Justin | March 17th, 2008 at 10:37 am
Dayan Jayatilake was only addressing 30 participants. Not many. The others were not willing to listen to the bluff ! They are already convinced of state terror by the criminal government of Sri Lanka.
He also said that there is Vibrant Democracy in Sri Lanka. There has never been democracy. There was only a democratic process of elections. Following the elections there was always “Sinhalocracy” a type of autocratic rule of Tamils by the Sinhalese.
At Batticaloa, what was practiced was “bandit democracy ” Gun trotting persons were demanding votes from others.
About Negotiations with the Tamils, right from 1958, the Sinhalese political leaders were dishonest, tricky, manipulative, divisive and full of “turn overs” after even signing agreements in the presence of international facilitators. They were behaving more like unreliable criminals. That has brought about the present criminal government, hell bent on carrying out murder, displacement and disappearances.
16. Siva | March 17th, 2008 at 9:49 pm
The tigers and their overseas backers have led the Sri Lanakan Tamils down the garden path to anhiliation, they bear absolutely none of the burden except giving up meager $500/month while our children in Sri Lanka have to pay the ultimate sacrifice of their lives to fulfill other peoples fairytale, shame on you.
17. Perumal | March 18th, 2008 at 10:19 am
Mr Fernando stated that expanded field presence of the Office of the High Commissioner for Human Rights (OHCHR) was unnecessary in Sri Lanka as it has robust institutions for the protection of fundamental and human right. However, he said that Sri Lanka could further benefit from capacity building and technical assistance in this area.
If with the “robust institutions” stated by Fernando we have the most disappearances in the world what is the meaning? The institutions cannot function even with technical assistance because the criminal state is practicing a culture of impunity.
Surely, we need the presence of a UN Human rights monitoring mission in Sri Lanka.
18. Sri | March 19th, 2008 at 6:26 am
Ambassador Dr Dayan Jayatilleka says that Sri Lanka has had parliamentary democracy since 1931 and independence since 1948 and therefore had well-developed national institutions. but he does not deny the need to strengthen these national institutions.
Does it means that the national Institutions are not really well developed even after 60 years for them to need strengthening contradicting his first statement ?
However what are the national institutions he is referring to? In what ways they could be strengthened?-Does national institutions include Police, Judiciary and all other government institutions?
How national are these national institutions?
The general opinion in Sri Lanka among independent observers is that all institutions have deteriorated beyond redemption and only a miracle could save them.
If Mr Dayan is honest he will readily agree none of these institutions ever came to the rescue of the minorities when they really needed them –Killings, ransom, disappearances.
The people are not even allowed self-defense. Why don’t you come out with statistics about the number killed, the number prosecuted and the number punished so that it will be a deterrent?
This would have been the best defense for all accusations of human rights violations. .
But those who are talking about sovereignty are not worried?.
But in this panel discussion none of you even claimed that you have arrested the deterioration of human rights violations and now everything is fine.
Now could Dayan explain why the 13th amendment was not fully implemented? why everybody has forgotten about 16th Amendment brought in 1988?
Do you know if implemented this will solve the language problem fully Then how about 17th Amendment?
19. Sam Thambipillai | March 20th, 2008 at 5:44 am
As usual with unremorseful criminals, the criminal government of Sri Lankais arrogant, defiant and stubborn. They are against any reasonable steps to bring justice with a view to curtail disappearances, murder and mayhem carried out by the soldiers.
Adolf Hitler, Idi Amin and Henrick Verwoed were also and defiant, arrogant and stubborn; but had to be overcome by the International Community and the UN.
Time has come for concrete actin on Sri Lanka.
20. arnolis | March 20th, 2008 at 1:22 pm
The word “discussion” implies some semblance of debate or difference among panellists. This was just propaganda. And worst of all, they appear to have been talking to themselves!
Dayan’s increasingy implausible pronouncements in Geneva and Rajiva’s press release frenzy at SCOPP (where does he get the time?) are based on the well-worn principle that if one repeats the same denials, the same accusations ad nauseam, some of them will inevitably gain credibility and inhere in public discourse. Which is just as well because there is no-one left to convert - the lines have been drawn, much as with the war.
I expect to see this intensity of effusion maintained, with increasing desperation, as the contradictions in their positions become more and more apparent and hence their posts untenable. Needless to say this will proceed in parallel with the regime’s increasing authoritarianism, further human rights abuses and international condemnation, the failure to ‘finish’ the war and unprecedented public discontent. I just hope they will both be “accountable” to the country for their actions once their time has passed and we are left to deal with the aftermath.
21. Devinda Fernando | March 24th, 2008 at 10:57 am
Most of these so-called Human Rights Violations and Abductions are by TAMIL PARAMILITARY groups on their Rival LTTE Tamil members…. That is the DIRTY TRUTH that no one talks about in the Open.
But why are these Anti-LTTE forces acting out in such a Brutal Way towards Fellow Tamils?
Well its simple…the LTTE when in power acted with such Brutality towards these rival Tamils that now when the Tables have turned it has become Open Season for Pay-Back against the LTTE and their Supporters.
You Reap what you sow gentlemen,…don’t go blaming the Sri Lankan Government for the actions of the TMVP or EPDP against the LTTE…. you said nothing when the LTTE were doing the same to them before.
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