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Midweek Review

leaves out Gash dispatches, Swiss embassy abduction drama and India’s accountability

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by Shamindra Ferdinando

Veteran journalist Tim Sebastian interviewed Foreign Secretary, retired Admiral Prof. Jayanath Colombage, in the immediate aftermath of the Geneva-based United Nations Human Rights Council (UNHRC) adopting accountability resolution in respect of Sri Lanka.

Twenty-two countries voted for the resolution, 11 against, whereas 14 abstained. The vote on Sri Lanka took place on March 23. Among those who abstained was India whose intervention here in the 80s caused a war that was brought to a successful conclusion in May 2009. But Sebastian was only interested in accountability on Sri Lanka’s part. He wasn’t concerned about Adele, who played a significant role in building a female fighting cadre for the LTTE, either.

“In the last few days, the UN Human Rights Council passed a landmark resolution highlighting your government’s failure to ensure accountability for human rights violations and mandating UN investigators to collect and preserve data that can be used in the future judicial proceedings. They did that Mr. Secretary because your abject failure to do it yourself and because of the worsening human rights climate in your country. Aren’t you ashamed of that?”

It was internationally acclaimed Sebastian’s opening question to Foreign Secretary Colombage in ‘CONFLICTZONE’ interview titled: Is Sri Lanka on the brink.

Admiral Colombage responded: “Well, Tim let me say the World War ended 78 years later… earlier and we still see the residual effects on the environment on the physical things and the Good Friday agreement was in 1998 and there are 116 walls which is called peace walls. Still…”

Sebastian interrupted Colombage. “We are not talking about Northern Ireland; Mr. Secretary We are talking about Sri Lanka and your failure to ensure accountability for human rights violations… which you have denied in other interviews.”

One-time Navy Commander, and the Additional Secretary to President Gotabaya Rajapaksa on Foreign Relations, Prof. Colombage received appointment as the Secretary to the Foreign Ministry following the last general election.

Admiral Colombage, who had served the SLN for 36 years, was its 18th Commander. He received the command in 2012, three years after the end of the war. Following his retirement, Colombage served as the Director of the Centre for India-Sri Lanka Initiatives and Law of the Sea Centre at the Pathfinder Foundation. At the time of his appointment, as Foreign Secretary, Colombage was the Additional Secretary to the President on Foreign Relations and the Director General of the Institute of National Security Studies Sri Lanka (INSSSL).

 

Relying on a backbencher’s speech

Let me examine the latest Geneva resolution against the backdrop of the ‘CONFLICTZONE’ interview and the Daily Mirror interview, titled ‘Govt. committed two mistakes’, with one-time Permanent Secretary to the Justice Ministry Dr. Nihal Jayawickrama published on March 27, 2021.

Responding to a query, Dr. Jayawickrama asserted: The mistake that the government appears to have made was to think that it was all about “40,000 deaths”, and to rely on a backbencher’s speech made in the House of Lords. It was never about that. Another mistake that the government appears to have made was to convince itself that the Resolution was initiated by “Diaspora Tamils” when it was not.”

Tamil Diaspora, based in the UK, Australia, and Canada, vigorously circulated the article in the wake of accusations the government compelled the newspaper to ‘kill’ it. The paper denied the accusations. The Global Tamil Forum (GTF) spokesperson Suren Surendiran tweeted: “Remarkably honest replies from Dr. Jayawickrama to some pertinent questions from the “Daily Mirror” Surendiran posted the entire text alleging government-imposed censorship.

Dr. Jayawickrama referred to Lord Naseby as a backbencher whereas Sebastian never referred to the Conservative Party politician’s disclosure in the House of Lords on Oct 12, 2017 or Admiral Colombage cared at least to mention it. If the government relied on Lord Naseby’s revelations, as Dr. Jayawickrama asserted, the former could have exploited the disclosure. The incumbent government conveniently refrained from taking advantage of Lord Naseby’s ‘work’ much to the dismay of the former Royal Air Force pilot who exposed the British duplicity.

 

A fresh Geneva initiative

Sebastian’s reference to fresh authorisation for UN investigators to collect and preserve data that can be used in the future judicial proceedings should have prompted Admiral Colombage to remind British television journalist and novelist how the UK government suppressed wartime dispatches from its High Commission in Colombo (January-May 2009). The proposed inquiry is scheduled to take place over a period of 12 months, commencing Sept 2021. In fact, during the entire interview, Sebastian conveniently never referred to how the UK suppressed dispatches from Colombo. Lord Naseby obtained some sections of the dispatches after nearly a three-year struggle. He had to seek the intervention of the UK Information Commission to lay his hands on those dispatches.

Leader of Sri Lanka Core Group in addition to being UNHRC member, the UK still refuses to release dispatches despite Geneva authorising a new Inquiry Team, led by a Senior Legal Advisor, to collect all available evidence pertaining to the war and post-war events. Those desperate to prevent the full disclosure of British dispatches from Colombo, obviously advantageous to Sri Lanka, call it a political statement. It was certainly not. Former Chief Justice Sarath Nanda Silva, in an interview with ‘Get Real’ anchor Johnney Mahieash, and subsequent queries from the writer, asked why the UK wanted to suppress dispatches from its own man in wartime Colombo Lt. Col. Anthony Gash who served as the British Defense Attaché throughout the Vanni war. The former CJ was of the view that Geneva should seek access not only to the UK dispatches but from other major countries, particularly the US, India, Germany and Canada. He pointed out that the wartime US Defense Advisor Lt. Col. Lawrence Smith contradicted war crimes accusations in 2011, six years before Lord Naseby revealed the existence of British wartime dispatches.

 

NPC and GTF back thorough inquiry

The Island sought National Peace Council (NPC) Executive Director Dr. Jehan Perera’s views on the following query: “Geneva set up a new inquiry mechanism at a cost of USD 2.8 mn to gather and examine evidence and information pertaining to the whole gamut of war crimes allegations and current developments. What is your stand on SLPP Chairman Prof. G.L. Peiris public call to the UK to submit Gash reports against the backdrop of the Samagi Jana Balavegaya MP Dr. Harsha de Silva, who once led the government delegation to the UPR (Universal Periodic Review) of Sri Lanka’s human rights record at Geneva backing the government call? Dr. de Silva’s all available info should be made available to the new Geneva inquiry team.”

Dr. Perera responded: “All evidence should be placed before the UN investigation unit and this includes the dispatches of Lt Col Anthony Gash as revealed by Lord Naseby.  The UN unit needs to seek that information itself to get a rounded perspective on the problem.

 “On the other hand, if the government formally makes a request for the Gash reports it will be accepting the legitimacy of the UN unit which is not its current position. Instead I would wish that the government resolves the issues laid out in the various UN reports through internal mechanisms that have the support of the political parties, including the minorities, within the country. 

“It is only if the country is internally united that we can go on the path of development that the government intends and respond successfully to international pressures. Otherwise it looks like our country is locked in a vicious cycle.”

Dr. Perera represented the country at the Geneva sessions during the yahapalana administration. 

The writer posed the same question to GTF’s Surendiran, who, too, backed examination of all evidence and information available. Surendiran said: “Of course all available evidence should be made available to the investigative team that will collect and analyse this evidence. No one should hinder that process of collection of evidence, be it the UK Government or the Government of Sri Lanka. In that regard, Sri Lanka if it has nothing to fear about should allow the investigators free access so that the collection process can be comprehensive and complete.”

 In fact, Wikileaks revelations pertaining to Sri Lanka, too, should be examined along with submissions received by the UNSG’s Panel of Experts’ (PoE/Darusman Report) that paved the way for the 2015 co-sponsorship of an accountability resolution. Would the new Geneva re-visit previously collected information, particularly by the PoE, covered by UN a 20-year confidentiality clause (2011-2031)?

 

UK bending backwards to protect

relations with Lanka

The FCO (Foreign and Commonwealth Office), in its objections filed with the Information Commission, following Lord Naseby’s bid to gain dispatches from Colombo, stated; “Lt. Col. Gash was the FCO’s defense attaché at the British Commission in Colombo during the closing stages of Sri Lanka’s civil war. Many of his dispatches contain information provided directly to him by his contacts in the Sri Lankan government, the Sri Lankan Army or other military sources. His reports indicate, he had access to reports on troop movements, Sri Lankan military strategic thinking, the movements of the LTTE and assessments of casualty figures. The effective conduct of international relations depends upon the free, frank and confidential exchange of information such as this. If the UK does not respect these confidences, then its ability to protect and promote UK interests through international relations will be hampered which will not be in the public interest.

Subsequently, the FCO asserted that it was of the view that releasing the information redacted on the basis of section 27(l) (a) would be likely to prejudice the UK’s relationship with Sri Lanka and would negatively impact on the information that they would be willing to exchange with the UK in the future. It further stated, the disclosure of the withheld information, in this case, was not in the public interest as it would be likely to damage the bilateral relationship between the UK and Sri Lanka. This would have the effect of reducing the UK government’s ability to protect and promote UK interests through its relations with Sri Lanka.”

 The Information Commissioner, on June 26, 2016, dismissed Naseby’s appeal for full disclosure of the Gash dispatches.

So, according to the FCO, disclosure of Gash dispatches would harm the UK’s relations with Sri Lanka. In the absence of proper examination of British role in promoting terrorism in Sri Lanka, successive UK governments allowed the LTTE a free hand. Wikileaks exposure of a secret meeting between the Norwegians (handling disastrous peace process) and LTTE theoretician Anton Balasingham in the immediate aftermath of Foreign Minister Lakshman Kadirgamar’s assassination in August 2005 underscored the privileged status enjoyed by the LTTE. Balasingham, one-time British High Commission employee who received British citizenship for services rendered to Her Majesty’s government lived freely there until his death due to natural causes in Dec 2006.

Over the years, the UK provided the wherewithal required by the LTTE to wage war in Sri Lanka. The British. contribution grew over the years in the wake of former Indian Prime Minister Rajiv Gandhi’s assassination in May 1991. It must be noted that the UK only removed the LTTE International Secretariat, established in London for many years, only after it assassinated Rajiv Gandhi for the obvious reason that its presence there was becoming too embarrassing even to the British. In fact when a visiting journalist from The Island, accompanied by a group of media persons from several countries, raised the issue of the LTTE having a big presence in the British capital during a visit to BBC Headquarters at Bush House in Central London around the time of the Rajiv assassination that year, he was given the lame excuse that the Tigers had not violated any UK laws. Despite the much-publicised British proscription of the LTTE, the latter operated a major fund-raising project that funded their war until the very end.

Perhaps, Foreign Secretary Colombage, during the interview with Sebastian, should have referred to the Wikileaks revelation of the then British Foreign Secretary David Miliband and his French counterpart Bernard Kouchner making a desperate bid to halt the military offensive on the Vanni east front. Towards the end of the ‘CONFLICTZONE’ interview, Sebastian queried about Inspector Nishantha Silva fleeing the country in the immediate aftermath of the 2019 presidential election.

 

Focus on Shani, Nishantha

Referring to the arresting of SSP Shani Abeysekera, Director, Criminal Investigation Division (CID) who inquired into several key human rights cases, Sebastian said: “…and another Nishantha Silva from the same Division had to leave Sri Lanka because of threats immediately after the last presidential election and you tell me that is the way a democracy which you claimed to have pursues justice does not look like it? Does it? Questioning how Nishantha Silva left the country suddenly, Prof. Colombage alleged it was all part of a conspiracy while strongly denying Sebastian’s accusation the officer was threatened. “All these things were planned. They were probably given lots of money to do these things…” Sebastian insisted: “You do not know that Mr. Secretary…”

It would have been better if Prof. Colombage pointed out that the Swiss Embassy involvement in the Nishantha Silva affair against the backdrop of one of its employees Garnier Francis (former Siriyalatha Perera) falsely accusing government agents of abducting her outside the mission and sexually abusing her. Sebastian conveniently refrained from referring to Garnier who had been Silva’s contact at the Swiss mission. The Swiss went to the extent of trying to evacuate Garnier and her family in a special air ambulance after their project meant to smear President Gotabaya Rajapaksa went awry. President Gotabaya Rajapaksa opposed the move to evacuate them. If not Garnier, too, would have ended up in Switzerland and a key campaign issue against Sri Lanka.

At one-point Sebastian chided Prof. Colombage whether he was proud of living in a country where child killers get presidential pardon? Sebastian was referring to President Gotabaya Rajapaksa releasing a soldier convicted of killing several persons, including children in the Jaffna peninsula. Colombage responded well, pointing out how post-war, Sri Lanka rehabilitated 12,000 terrorists, including children. Colombage posed a pertinent question whether presidential pardon is available only in Sri Lanka. Sebastian insisted he focused on Sri Lanka and not the rest of the world. Perhaps, Prof. Colombage should have reminded Sebastian how funds made available by those living in the UK prolonged the war in Sri Lanka. None of those shedding crocodile tears today bothered to protest when the LTTE used children as cannon fodder. The fact that children were used in suicide attacks, too, cannot be forgotten. Didn’t Rajiv Gandhi perish in a suicide attack carried out by a female Tiger cadre? A proper inquiry is required to ascertain and identify those members of Sri Lankan terrorist groups living in the UK and the rest of the world. The proposed new Geneva probe can facilitate Sri Lanka’s efforts to track down those living overseas, under assumed names, while they continued to be categorized as war disappeared.

Sebastian also raised the issue of disappearances and missing. In fact, former Prime Minister Ranil Wickremesinghe explained the cases of missing and disappearances during the yahapalana administration. Wickremesinghe pointed out how the so-called disappeared either died in combat or were now living overseas.

Prof. Colombage responded: “…most of the human rights defenders are receiving money from the West. We know their bank accounts. We know how much they have received.” The Foreign Secretary alleged they were not bona fide human rights defenders. Sebastian hit back: “You just smeared the whole lot of them in one sentence…”

Now that Prof. Colombage has quite rightly raised funding received by NGOs/civil society groups, let there be a public disclosure of the funding secured over the years. A Norwegian examination of its involvement in Sri Lanka released in 2011 revealed substantial funding made available to various civil society groups. The Norwegian report revealed how generous Oslo had been to those who facilitated its Sri Lanka project. As Geneva stepped up pressure on the country, the government should approach the issues at hand sensibly. Geneva should be priority No 1. The government cannot forget that no less than Commander of the Army Gen. Shavendra Silva, earlier the General Officer Commanding (GoC) of the celebrated 58 Division/formerly Task Force I was blacklisted by the US. Sebastian warned Prof. Colombage of dire threats posed by targeted sanctions imposed by individual countries. Member states might start applying targeted sanctions, asset freezers and travel bans against your state officials and others…. Are you ready for that?

Prof. Colombage responded: “If individual countries have a separate agenda not necessarily human rights but using human rights as a weapon there is very little we can do. Let us wait and see.” However, the former Navy Commander missed a golden opportunity to ask Sebastian what he thought of the Tamil community overwhelmingly voting for war-winning Army Chief the then General Sarath Fonseka at the 2010 presidential poll. Fonseka won all predominately Tamil speaking electoral districts in the northern and eastern districts, including Jaffna. In fact, bogus human rights campaign should have ended the day, Tamils declared their support to tough talking Fonseka, who survived a suicide attack in April 2006 to finish off the LTTE. If the LTTE succeeded in eliminating Fonseka and the then Defence Secretary Gotabaya Rajapaksa in 2006, terrorism would have triumphed. But fortunately for Sri Lanka both survived two separate LTTE suicide attacks targeting them in Colombo itself. That is the undeniable truth.



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Midweek Review

Ranil reveals bid to get rid of him while GR was fleeing to Trinco on board SLNS Gajabahu

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President Wickremesinghe participates in the “What’s New” dialogue on legal reforms with young legal professionals at a workshop held at the Presidential Secretariat (pic courtesy PMD)

By Shamindra Ferdinando

Attempts had been made to compel UNP leader Ranil Wickremesinghe to give up the premiership immediately after the then President Gotabaya Rajapaksa had left Janadhipathi Mandiraya in the early afternoon of July 09, 2022.

That had been the devious Aragalaya strategy meant to pave the way for Speaker Mahinda Yapa Abeywardena to assume executive powers as a mere figurehead and with them easily controlling him with the threat of further upheaval. Obviously Aragalaya strategists wanted to force Wickremesinghe out of office before President Gotabaya Rajapaksa quit the presidency.

However, they may not have expected President Gotabaya Rajapaksa to flee President’s House immediately after protestors breached its main gates.

As we recall the law enforcers simply did nothing to halt the advance of the mob right into the President’s House, as people like US Ambassador Julie Chung openly prevailed on law enforcers not to act against what she repeatedly termed “peaceful protesters”, even after they, in a preplanned operation, meticulously burnt down more than hundred properties of government politicos and loyalists, across the country, on May 09/10, 2022. So they were on the whole the proverbial wolves in sheep’s clothing working with the Western regime change project here as was previously done in places like Libya and Iraq.

President Wickremesinghe discussed the challenge faced by him at the time of the Aragalaya, when he addressed a group of young legal professionals at the Presidential Secretariat on May 28.

Among those who had been at the head table was Colombo District SLPP lawmaker Premanath C. Dolawatte, an Attorney-at-Law and now widely believed to be one of those pursuing the UNP leader’s agenda.

Stressing the importance of the executive presidency in restoring stability, President Wickremesinghe recalled the situation as Aragalaya forced Gotabaya Rajapaksa out of Janadhipathi Mandiraya. The President said that some persons had asked him to resign as President Gotabaya Rajapaksa was on board a ship and on his way to Trincomalee.

The President’s Media Division (PMD) quoted him as having told the young professionals how he declined to resign unless an MP, who commanded the confidence of the majority in Parliament, emerged against the backdrop of chaos. The President said that even if he wrote a letter of resignation, he couldn’t have handed it over to President Gotabaya Rajapaksa when he was on his way to Trincomalee in a ship or flying to the Maldives to escape mob justice.

The President said that if he resigned, due to pressure brought on him by a particular person, or due to the destruction of his residence, at the top of 05th Lane, in Colombo 07, near Royal Primary, also on July 09, 2022, someone would have secured power outside the democratic process.

The President’s comments on Aragalaya didn’t attract sufficient media attention. In fact, the coverage of the Presidential Secretariat event had been influenced by the PMD media release. Both print and electronic media focused on the President pointing out that none of those contesting the forthcoming Presidential poll had assured so far that executive powers would be done away with.

Actually, at the 2019 Presidential election, SLPP candidate Gotabaya Rajapaksa never referred to the abolition of the Executive Presidency or further dilution of executive powers. The wartime Defence Secretary aspired to be an all-powerful Executive President and, in fact, further enhanced the presidency with the enactment of the 20th Amendment, enacted in late October 2020. The move to introduce a new Constitution was also meant to further enhance the Executive Presidency. That report, prepared at a tremendous cost to the taxpayer, is gathering dust, probably at the Presidential Secretariat. Perhaps Gotabaya Rajapaksa should inquire from his successor Ranil Wickremesinghe what he intended to do with it. The former President has every right to seek an explanation, not only from the President, but the Cabinet-of-Ministers as well.

Let us get back to President Wickremesinghe’s disclosure of the bid to force him out of office soon after President Gotabaya Rajapaksa boarded SLNS Gajabahu (formerly Sherman of the US Coast Guard), at the Colombo harbor, to escape the pursuing mob.

Now that President Wickremesinghe again made reference to Aragalaya’s bid to get rid of him, who could have asked Premier Wickremesinghe to resign on July 09, 2022? Had there been similar demands/requests in the run-up to Wickremesinghe receiving the appointment as President on July 14?

Perhaps, President Wickremesinghe would never reveal the identities of those who demanded his resignation, obviously on more than one occasion during July 09-14 period.

Political party system in a bind

Post-Aragalaya political leadership conveniently refrained from inquiring into the overthrowing of President Gotabaya Rajapaksa. Nearly two years after Gotabaya Rajapaksa’s ouster, there hadn’t been an effort, at any level, to conduct a thorough investigation into Aragalaya.

No holds barred investigation into Aragalaya shouldn’t be mixed up with individual cases, such as the killing of SLPP lawmaker Amatakeerthi Atukorale and his police bodyguard, at Nittambuwa, on the afternoon of May 09, 2022, or the killing of a protester at Rambukkana on April 19, 2022. A proper probe into Aragalaya should focus on the circumstances leading to the eruption of violent protest campaign, outside President Gotabaya Rajapaksa’s private residence at Pangiriwatte, Mirihana, on the night of March 31, 2022, and the period till President Wickremesinghe deployed the military and the police, including the Special Task Force (STF), on July 22, 2022, to clear the Presidential Secretariat of protesters. And all those who were threatening to die for the “system change,” they were ostensibly clamouring for, simply vanished into thin air. How convenient! And how conveniently Julie Chung’s trap, too, shut on behalf of Aragalaya?

Had Wickremesinghe lacked the courage to do so, regardless of “international “condemnation”, the Aragalaya could have been still in control of the President’s House, Presidential Secretariat, etc. Wickremesinghe acted swiftly and decisively as he realized the danger in failing to bring back the situation under control, within a short period of time. Or was that all a show to hoodwink the country? May be he knew too much about JVP shenanigans, especially with the West for them being the principal mover of the demand for system change, too, to go silent, like obedient kittens, with Ranil at the helm.

National Freedom Front (NFF) leader Wimal Weerawansa, MP, in April 2023, named outgoing US Ambassador Julie Chung as one of the key Aragalaya conspirators. The former JVP heavyweight went to the extent of alleging that Ambassador Chung personally met Speaker Abeywardena at the latter’s official residence in the wake of President Gotabaya Rajapaksa fleeing Janadhipathi Mandiraya.

Speaker Abeywardena never denied Weerawansa’s claim, though Ambassador Chung dismissed the allegation. However, President Wickremesinghe latest disclosure should be examined, taking into Speaker’s declaration in March this year that those who spearheaded Aragalaya even threatened him unless he cooperated with them. Speaker Abeywardena declared that Aragalaya wanted him to accept the presidency, though the Constitution stipulated that the Premier should succeed the President.

Then, obviously, those who demanded Wickremesinghe to resign, and Speaker Abeywardena to accept the Presidency in July 2020, must be the same. There cannot be any dispute whatsoever regarding the Aragalaya strategy. Obviously, ousted President Gotabaya Rajapaksa, in his widely read book ‘The Conspiracy to Oust Me from Presidency’ failed to properly deal with external intervention, particularly the interventions made by Ambassador Chung.

The US, through Ambassador Chung’s interventions, ensured protection for Aragalaya throughout the high profile project as President Gotabaya Rajapaksa’s control rapidly eroded. The then government never really comprehended the grave implications of the April 19, 2022 Rambukkana incident. The senior police officer in charge of Kegalle, Senior Superintendent of Police K.B. Keerthiratne, had to undergo the humiliation of being arrested and remanded over a police shooting that claimed the life of a protester. Had Keerthiratne failed to order that shooting, the protesters would have set ablaze a fully loaded bowser, carrying petrol, strategically placed across the rail tracks there to create chaos and disrupt rail transport By the time the SSP and three other policemen received bail, in August, Wickremesinghe was the President.

The former President should have dealt with the Rambukkana issue in his memoirs. There cannot be any doubt, or dispute, that the utterly irresponsible government response to police firing at Rambukkana discouraged the military from taking tangible measures to thwart the overrunning of Janadhipathi Mandiraya.

The Aragalaya opened Janadhipathi Mandiraya and Presidential Secretariat for the public and they remained in their hands until President Wickremesinghe regained control on July 22, 2022.

Prez draws sharp criticism

Sri Lanka couldn’t have continued with chaos caused in the wake of the political-economic-social crisis that threatened the ruination of the war-winning country that also successfully undertook so many development projects, like building expressways in the country for the first time, badly needed new international airport and even an international harbour, that became the envy of even our giant neighbour. Speaker Abeywardena, whatever his shortcomings and failures, should receive the respect and gratitude of all for saving the country from a horrible fate. Sri Lanka’s unitary status had been at stake and the country faced the risk of disintegrating.

Having been elected as the 8th Executive President on July 20, 2022 by the SLPP parliamentarians, who had the majority in the House, the UNP leader moved swiftly to regain control. Since then, Wickremesinghe, in spite of being reduced to just one National List MP in Parliament, never looked back as he advanced his agenda.

The President’s decision to do away with the Galle Face protest site earned the wrath of those who hoped for a different outcome. They expected Speaker Abeywardena, as Head of State, at least for a brief period, pending post-Gaddafi-style Libyan administration.

The following are some of the statements issued by the “usual suspects” who blindly tow the US line, in the wake of President Wickremesinghe’s directive:

UN Human Rights Commission:

“We are alarmed by the unnecessary use of force by security forces to break up a protest camp near presidential offices in Colombo. We condemn reports of beatings of protesters, journalists and lawyers and urge authorities to halt the use of force.”

The UNHRC Sri Lanka Core Group (consisting of Canada, Germany, Malawi, Montenegro, North Macedonia, the USA and the UK):

“peaceful protest is fundamental to any democracy and dismayed at the violence which took place at Galle Face on Friday.” The grouping called for full respect for human rights and the rule of law.

Amnesty International South Asia:

“…the attack on ‘GotaGoGama,’ the peaceful protest site in Colombo by the police and the military is unacceptable and authorities must stand down immediately. The right to protest must be protected. Sri Lankan authorities must immediately cease these acts of violence and release those arrested unlawfully in this manner. Authorities must also protect the freedom of the press. Journalists must not be barred from ‘GotaGoGama’. Blocking journalists from doing their jobs directly violates freedom of the press.”

Human Rights Watch South Asia Director Meenakshi Ganguly said:

“President Ranil Wickremesinghe has been telling donors and friends that he is committed to resolving the economic crisis, and yet among his first acts was to deploy a midnight security forces raid to disperse the peaceful protesters. The international community needs to act now, send a strong message that the global efforts are directed to support the people of Sri Lanka, and not to prop up abusive political leaders who undermine fundamental freedoms.”

UN Resident Coordinator Hanaa Singer-Hamdy said she was gravely concerned by the use of force to disperse protesters.

“Journalists and human rights defenders have a right to monitor demonstrations and their functions should not be impeded. Actions that stifle protests and right to peaceful assembly can worsen economic and political stability in Sri Lanka. Peaceful solutions in accordance with broad public consultations is the only way forward.”

The European Union:

“Freedom of expression proved essential to Sri Lanka’s current transition. Hard to see how severely restricting it can help in finding solutions to the current political and economic crises.”

UK High Commissioner Sarah Hulton expressed concern over the attack and said:

“We have made clear the importance of the right to peaceful protest.”

US Ambassador Julie Chung:

“Deeply concerned about actions taken against protestors at Galle Face in the middle of the night. We urge restraint by authorities and immediate access to medical attention for those injured.”

Canadian High Commissioner David McKinnon:

“It is crucial the authorities act with restraint and avoid violence.”

The Presidential Secretariat remained in the hands of protesters till midnight July 22, 2022, out of the three State properties they took control of on July 09. Protesters evacuated from the other two – the President’s House and Temple Trees ahead of any confrontation with the military tasked to remove them!

In the absence of proper investigations…

Chief Government Whip Prasanna Ranatunga is one of the few lawmakers to question the failure on the part of relevant authorities to investigate organized attacks on government MPs. When the writer raised this issue with Minister Ranatunga a few moons ago, the Gampaha District SLPP strongman expressed serious disappointment over the status of the investigations.

Declaring that his properties at Udugampola, Gampaha, had been set ablaze in the presence of law enforcement officers, Urban Development and Housing Minister Ranatunga said that he was still awaiting the conclusion of the investigation undertaken by the Human Rights Commission. None of those who had been identified as responsible for systematic destruction of houses and other properties belonging to government members and in some cases supporters hadn’t been dealt with.

President Wickremesinghe’s recent disclosure of efforts to force him out of the Premier’s Office revealed that there hadn’t been a proper investigation into the Aragalaya at all. What is the mysterious evil hand preventing justice being done to victims of mob justice by Aragalaya? But the evil West leaves no stone unturned in seeking “justice” on behalf of the LTTE and its sympathisers, who tried to break up this country through sheer raw terror.

It would be interesting to know the status of the investigation promised by the Attorney General Sanjay Rajaratnam, PC, into the May 9/10 attacks on politicians’ properties. A case filed by a group of politicians, demanding an investigation into these incidents, had been withdrawn in late May, 2023 on an assurance given by the Attorney General.

The State Counsel appearing on behalf of the Attorney General assured Court that the AG had received an assurance from the Public Security Ministry that there would be a formal investigation into the incidents and secondly, the Secretary to the President promised that the Wasantha Karannagoda Committee report on the May 2022 incidents would be brought to the attention of the President.

What is the status of the promised investigation? President Wickremesinghe cannot absolve himself of the responsibility for ensuring a comprehensive investigation into violence perpetrated during 2022.

In spite of allegations that the JVP instigated an attack on Samagi Jana Balawegaya (SJB) and Opposition Leader Sajith Premadasa at the Galle Face protest site on the afternoon of May 09, 2022, the main Opposition party never pushed hard for an investigation.

Recently MP Premadasa confirmed the alleged JVP plot when the writer sought his response to SLPP MP Johnston Fernando’s declaration that Premadasa would have been lynched if his driver failed to reverse the vehicle at high-speed after the JVP mob surrounded Premadasa. Sunil Handunetti declared that both Johnston and Sajith should have their heads examined. But JVP Leader Anura Kumara Dissanayake was virtually received with open arms by the same Aragalaya activists on the same day at the same venue

Another matter for serious concern is that all suspects arrested in connection with the killing of MP Amarakeerthi Atukorale were granted bail without the AG being consulted. The accusation has been made by the AG in respect of the decision taken by the Trial-at-Bar of the Gampaha High Court. We would refrain from commenting on the issue at hand as the matter is pending before the court.

The Wickremesinghe-Rajapaksa government has completely ignored ex-President’s allegations that the military deliberately failed to thwart the public protest campaign that was launched on March 31, 2022. Gotabaya Rajapaksa went to the extent of alleging that Chief of Defence Staff (CDS) General (retd.) Shavendra Silva and Defence Secretary General (retd.) Kamal Gunaratne may have failed to take tangible measures as they were under pressure due to war crimes accusations directed at them by the US. However, it must be pointed out that General Silva hadn’t been at the helm of the Army at the time Aragalaya overran Janadhipathi Mandiraya with ease.

President Gotabaya Rajapaksa replaced General Silva on June 1, 2022, following the May 09 incidents which shook his government with Vikum Liyanage, also of the Gajaba Regiment as the Commander of the Army, though various interested parties found fault with Silva, who headed the celebrated 58 Division that in way spearheaded the war victory, for not protecting Gotabaya Rajapaksa’s government.

The UNP also provided muscle to Aragalaya. Former MP and current presidential advisor Ashu Marasinghe and SJB MP and Minister Harin Fernando had declared the UNP’s direct role in Aragalaya whereas the JVP and its breakaway faction the Frontline Socialist Party (FSP/Peratugami Pakshaya) played a significant role. However, the vast majority of those who provided the real strength to the protest campaign were not members of any political party but angry Sri Lankans influenced by the collapsing of the economy. They also engaged in looting in some instances but there were organized groups which caused massive destruction, systematically at the behest of Aragalaya masterminds operating from behind the scene.

President Wickremesinghe should name those who had asked him to give up the premiership. Speaker Abeywardena, too, should reveal who threatened to harm him unless he fully cooperated with the Aragalaya.

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Midweek Review

High Ground Visitors

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By Lynn Ockersz

White-clad and smug,

In cavernous Limousines,

The dignitaries are back,

Trying out winning smiles,

Surveying the debacle,

Of these brave decades,

Of people and homesteads,

Sinking mercilessly,

In backwaters of neglect,

Which is the best proof yet,

That the land’s periphery,

Has not figured much,

On the planning boards,

Of those ‘strutting and fretting,

Their hour’ on high ground.

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Midweek Review

Formation of TNA, post-war politics and Sumanthiran’s role

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MP Dhamalinham Siddharathan with President Wickremesinghe at the Nelum Piyasa Hall, Iranimadu, where land deeds were granted to the people (pic courtesy PMD)

By Shamindra Ferdinando

Jaffna district parliamentarian Mathiaparanan Abraham Sumanthiran’s recent declaration supportive of the militarily defeated Liberation Tigers of Tamil Eelam (LTTE) particularly captured the public attention.

Then soon after, MP Sumanthiran surprised all by appearing on stage with President Ranil Wickremesinghe, in Jaffna, where the UNP leader bestowed land deeds on a selected group of people.

With them on stage were EPDP leader Douglas Devananda, MP, and Dharmalingam Siddharthan, MP, of PLOTE/TNA whose father, Visvanather Dharmalingam, MP (Jaffna District) was assassinated by TELO at the behest of Research and Analysis Wing (RAW) in Sept 1985. (Siddharthan himself told the writer that his father and colleague Jaffna District MP Arumugam Murugesu Alalasundaram were abducted and killed in a Mafia-style TELO operation). Will deal with Sumanthiran’s Jaffna move later.

Issuing a statement ahead of Tamil Genocide Remembrance Day that was marked on May 18 around the world, Sumanthiran, PC, now in his third term as a lawmaker, said: “Although it is my personal belief that a just political liberation cannot be achieved at the point of a gun, I have repeatedly stated that we cannot today decry or judge the decision taken by the Tamil youth who saw no other option at a time when oppression and military….”

The Illankai Arasu Katchi (ITAK) MP went on to say: “I have also consistently emphasized that the commitment and sacrifices unselfishly made by those who took up arms on our behalf should be regarded very highly.”

Sumanthiran tweeted hours before he paid respects to those who perished in fighting and the civilians at the Mullivaikkal commemoration site. However, Sumanthiran attended another commemoration also on the same day organized at the Viharamahadevi Park by several groups, including the Global Tamil Forum (GTF), to remember “all victims of war over 30 years in the North and South.”

Some found fault with MP Sumanthiran for attending the Colombo event where organizers quite rightly refrained from making reference to any particular group or community. There hadn’t been a similar remembrance event in Colombo since the end of the war 15 years ago. The same group organized an inter-religious prayer event at the Vavuniya Town Hall grounds, also on the same day.

The GTF should be commended for taking a courageous stand in spite of criticism by those who still seek advantage of the LTTE’s crushing defeat.

Perhaps, the GTF-led group should have made reference to Sri Lankans killed overseas due to terrorism, Indian military deaths here (July 1987-March 1990) and former Indian Premier Rajiv Gandhi’s assassination in May 1991 while campaigning during a general election by a brainwashed LTTE teenage suicide cadre.

The Tamil community shouldn’t confine the war dead commemoration to those who died during the last phase of the fighting with the focus on Mullivaikkal. Commemorations whether in the North, East or Colombo should be devoid of any petty racial connotation, for all were human beings. Such events shouldn’t be allowed to cause further divisions among the communities, under any circumstances. Those who make unnecessary interventions with a view to attracting media attention should be appropriately dealt with by law enforcement authorities.

We also like to ask self-proclaimed international do-gooders why they don’t show even an iota of interest in the unimaginable suffering undergoing by Palestinians at the hands of the Israelis, while they make a song and dance about imaginary genocide they claim to have happened here during the last phase of fighting.

The ITAK is the main constituent of the Tamil National Alliance (TNA) that had been formed in late Oct 2001 in line with the community’s overall politico-military strategy to achieve Eelam. Against the backdrop of the worst-ever battlefield defeat that had been inflicted on the Army in April 2000, Eelam seemed achievable. Having defeated the 54 Division, deployed at the Elephant Pass sector then widely believed to be impregnable, thereafter the LTTE almost succeeded in overwhelming the Army in the rest of the peninsula.

Muslims’ dilemma

The Sinhalese and Tamils should also publicly repent the suffering experienced by the Muslim community. That community suffered untold hardships for being steadfastly taking a stand against separatism. Had they thrown their weight behind the LTTE, the country could have been overwhelmed and the 2009 absolute victory over the LTTE couldn’t have been achieved. So, do not hesitate to recognize the Muslims’ commitment as a whole to Sri Lanka’s unitary status. They paid a very heavy price for being always supportive of the government stand for a united Sri Lanka, whoever was in power.

The 2019 Easter Sunday massacre, carried out by a group of extremist misguided Muslims, shouldn’t in any way be used against the community. Officers and men of the Muslim and Tamil communities served in the armed forces and police with distinction and made quite a contribution to the overall success of the war.

Just five months after the LTTE resumed war in June 1990 in the wake of the IPKF withdrawal from the temporarily-merged North and East Provinces, the LTTE ordered the Muslims out of the Northern region, comprising Jaffna, Kilinochchi, Mannar, Mullaithivu and Vavuniya giving them a matter of hours to leave. The then President Ranasinghe Premadasa’s government couldn’t do anything about it. The international community turned a blind eye. Tamil politicians remained silent. No one dared to challenge the LTTE’s inhumane and drastic move.

Twenty-one years later a deranged Norwegian Andres Breivik massacred 77 persons, mostly children in two attacks the attacker claimed was influenced by the LTTE’s eviction of the Muslim community from Northern Sri Lanka.

Did the late LTTE theoretician and ideologue Anton Balasingham approve of Velupillai Prabhakaran’s plan to force Muslims out of the Northern Province? Balasingham, the one-time British High Commission employee in Colombo, passed away in the UK, in Dec 2006, of kidney failure, a couple of months before the LTTE lost control of the Eastern Province.

Far right Breivik, then 32, a few hours before he went on the rampage on July 22, 2011, made reference to the LTTE’s eviction of the Muslim community from the Northern Province, in his so-called manifesto posted online. The following are the references (1) Pro-Sri Lanka (supports the deportation of all Muslims from Sri Lanka) (Page 1235) and (2) Fourth Generation War is normally characterized by a ‘stateless’ entity fighting a state or regime (the EUSSR). Fighting can be physical such as the Liberation Tigers of Tamil Eelam (LTTE) to use a modern example. (Page 1479).

Perhaps, Sri Lanka should have asked those who had been demanding international inquiry to include the Norwegian massacre in their agenda. One of Sri Lanka’s foremost diplomats, the late Jayantha Dhanapala, appearing before the Lessons Learnt and Reconciliation Commission (LLRC) in 2010, stressed on the need for accountability on the part of foreign governments. The then Mahinda Rajapaksa government, probably blinded by unfathomable victory, was not bothered. It only saw immediate political advantage out of the developments even forgetting the long term ramifications for the country.

Focus on Sumanthiran

Sumanthiran on his knees before the Mullaivaikkal monument
(pic courtesy Tamil Guardian)

Maybe MP Sumanthiran should have recognized the LTTE as the group that continued the war until the very end. The parliamentarian shouldn’t have hesitated to do so though terrorism cannot be justified under any circumstances. The LTTE, however, proved its conventional capabilities throughout the war. The casualties, and the losses the group inflicted on the Indian Army underscored its fighting capabilities.

As Sumanthiran entered Parliament at the 2010 General Election, perhaps he hadn’t been affected by the LTTE’s wartime strategies and unprecedented developments that characterized the conflict, with him comfortably settled down in Wellawatte.

The writer first met Sumanthiran at A.J.M. Muzammil’s (incumbent Governor of the Uva Province) residence at No 07, Alfred House Road, Colombo 03 in June 2011. Muzammil, who had been a UNP member of the Western Provincial Council (WPC), arranged the writer to interview former Tamil Nadu State Assembly Congress I member Hasanali Kuddus at his residence. The new entrant to the Parliament Attorney-at-Law Sumanthiran, too, was there on that occasion and the writer had an opportunity to seek his opinion on some contentious matters.

Naturally, matters raised herein included the recognition of the LTTE by the TNA as the sole representative of the Tamil speaking people ahead of the signing of the Ceasefire Agreement (Feb 2002), LTTE-TNA joint boycott of 2005 presidential poll that cost UNP leader Ranil Wickremesinghe victory (the writer wouldn’t humiliate the defunct LTTE by repeating allegation that the Rajapaksas bribed the LTTE to order the boycott. The LTTE may have accepted money but the boycott was not certainly inspired by that) and still unbelievable was the TNA backing for the war-winning Army Chief Gen. Sarath Fonseka at the 2010 Presidential Poll. The TNA ensured a comfortable victory for Fonseka in the entire then merged North-East Province though he lost badly in the rest of the country. Mahinda Rajapaksa secured a second term by obtaining 1.8 mn votes more than Fonseka. A silly claim of computer “jilmaart” by Fonseka’s camp made his defeat even worse.

Kuddus, in an exclusive interview with The Island, strongly defended the eradication of the LTTE though concerns remained of atrocities allegedly committed by the military. Declaring that Sri Lanka couldn’t be punished on the basis of unsubstantiated war crimes allegations, Kuddus said that no country would be safe if legitimate governments were deprived of the opportunity to neutralize threats posed by terrorism. If Sri Lanka could be questioned over its right to hit back hard at the LTTE, what would be the position of the Indian military battling those who had taken up arms? (Congress I member Hasanali speaks out, The Island, June 16, 2011 edition)

At the April 2010 General Glection, the Tamil National Alliance (TNA) won 14 seats. Thirteen were elected while the party secured just one of the 29 National List slots. The TNA picked Sumanthiran as its NL member. It would be pertinent to mention that the TNA was placed third in terms of the number of seats won at that election. The UPFA secured a staggering 144 seats, including 17 NL slots whereas the UNP-led United National Front obtained 60 seats. Nine NL MPs were among them.

The TNA tally drastically dropped due to the eradication of the LTTE. At the previous general election conducted in April 2004, close on the heels of the devastating split in the group, the TNA won a record 22 seats, including two NL slots. The European Union Election Observation Mission, in its report found fault with the TNA for being the beneficiary of poll violence unleashed by the Tigers to stuff ballot boxes in TNA’s favour. That was the best outcome for the TNA at a general election.

At the last General Election, the TNA tally was reduced to 10 MPs. It is a pity that Sumanthiran couldn’t gain the leadership of the ITAK at a keenly contested election in January this year. Jaffna District lawmaker Sivagnanam Sritharan secured 184 votes while M.A. Sumanthiran obtained 137 votes.

Let us get back to MP Sumanthiran’s appearance on stage in Jaffna with President Wickremesinghe last week. During his brief statement, the President’s Counsel made reference to the LTTE-TNA boycott of the 2005 Presidential Poll that caused Wickremesinghe’s defeat, Mahinda Rajapaksa’s election and the unthinkable annihilation of the LTTE. The Presidential Media Division (PMD) quoted Sumanthiran as having told the gathering: “It is possible that the challenges in the North may have impeded your journey in 2005, a fact that I believe is now regretfully acknowledged by the people of the region.”

In the wake of a minor commotion over MP Sumanthiran’s appearance on stage with Wickremesinghe, the PC tweeted that his attendance at the state functions in his electorate shouldn’t be considered as an endorsement of the UNP leader’s candidature at the forthcoming Presidential Poll. The Jaffna District MP’s tweet is irrelevant. His declaration pertaining to the 2005 Presidential Poll clearly meant his support for Wickremesinghe.

The bottom line is that if not for that strategic mistake made by the LTTE and TNA in 2005, they could have achieved military superiority in the North after the then expected UNP victory as Wickremesinghe hardly making even a whimper against the LTTE. MP Sumanthiran’s politically charged statement in Jaffna should be examined also taking into consideration two key developments-in April 2003 (LTTE quit negotiating table) and January 2010 (backed General Fonseka).

The TNA could have used the opportunity to reach a consensus with President Rajapaksa if the party at least adopted a neutral stance. Instead, the TNA joined with the UNP and the JVP to defeat President Rajapaksa, thereby causing a lot of hostility. Backing Fonseka also dealt a severe blow to the TNA’s credibility in the backdrop of war crimes accusations directed at the Army.

GR meets Sampanthan at India House

Sumanthiran cannot be unaware of an attempt made by India in 2011 to work out an arrangement between President Rajapaksa’s government and the TNA.

TNA leader R. Sampanthan has been keen to normalize relations between his party and the government. The veteran politician appeared to have felt that such an arrangement could have helped his community and sought Indian intervention. But a section of the party sabotaged that effort, thereby undermining reconciliatory moves.

Following an incident at Alaveddi that had been staged by the group opposed to Sampanthan’s bid, an angry Defence Secretary Gotabaya Rajapaksa told the writer of a hitherto unreported meeting between him and Sampanthan at India House on June 08, 2011. The meeting that had taken place in the presence of the then Indian High Commissioner Ashok Kantha could have facilitated post-war reconciliation.

Pointing out that the June 16 incident at Alaveddi was meant to harm reconciliatory moves, Gotabaya Rajapaksa said that unwarranted interventions made by various interested parties, including the US, caused complications (GR alleges TNA split over Sampanthan’s reconciliation move with strapline ‘TNA pressured US State Department, several diplomatic missions to take up Alaveddi issue’ in the June 20, 2011 edition of The Island.

Recently SJB MP Mano Ganesan attacked TNA over what he called its post-war honeymoon with the government. A comprehensive post-war examination of political developments, commencing with the formation of the TNA at the behest of the LTTE, is necessary to comprehend the situation today.

The arrest of four persons in February 2017 during the Yahapalana administration, over an alleged attempt on Sumanthiran’s life, underscores the need for a wider examination of developments. The suspects held under Prevention of Terrorism Act (PTA) were granted bail in Oct 2022.

During that administration, the TNA played quite an important role with Sampanthan receiving the Opposition Leader’s post though his party had only 16 seats, including two NL slots whereas the breakaway UPFA faction comprised over 50 MPs. But, Yahapalana bosses decided in favour of TNA. In return, the TNA helped thwart President Maithripala Sirisena’s bid to form a new government under the premiership of Mahinda Rajapaksa. Formed in late Oct 2018, the Sirisena-Rajapaksa effort collapsed in 52 days. Sumanthiran played a significant role in the counter attack in support of ousted Wickremesinghe, who continued to insist he was the Premier regardless of the appointment made by Sirisena. Finally, the SC ruled in favour of Wickremesinghe. The rest is history. However, in the wake of 2019 Easter Sunday carnage, MP Sumanthiran said something which he shouldn’t have said under any circumstances. Addressing the first anniversary event of the political weekly ‘Annidha’ on April 29, 2019 at the BMICH, the TNA spokesman justified the heinous crime. He warned of dire consequences unless the government addressed the grievances of the minorities.

Sumanthiran is best remembered for his role in working out a tripartite agreement on a hybrid war crimes court as announced in Washington in June 2016.

Political parties need to make a genuine effort to move forward. The post-war reconciliation wouldn’t be realistic until parties represented in Parliament stopped playing politics with the war. The Tamil community should accept the LTTE had ample opportunities to reach consensus with the Sinhala leadership, particularly Ranil Wickremesinghe, who pursued a strategy even at the expense of his political life. The LTTE’s cardinal sin or serious error of judgment was the April 2003 withdrawal from the Norway-led peace effort. That was meant to create an environment conducive for full scale war that the group felt could have been brought to a successful conclusion by it. The LTTE was certainly ready for war in August 2005. If not, Prabhakaran wouldn’t have ordered Foreign Minister Lakshman Kadirgamar’s assassination. Full scale war commenced exactly a year later and what was widely believed to be an invincible force collapsed within two years and 10 months. Had the military not taken the civilian factor into consideration, the LTTE could have been wiped out much earlier. The ICRC said so as revealed by WikiLeaks.

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