Geneva: Hard line at home, heart cry abroad

Sunday, February 02, 2014 Japan urges US to go soft on Lanka as President snubs US envoy Cabinet rejects Education Minister's proposal for US Pacific Command to renovate sc ools in !ort "ajapaksa furious over !PC resolution# J$U says Unconstitutional but %!& defends its stand

Ministers at their weekly meeting on Thursday rejected a proposal for the Government of Sri Lanka to enter into a Memorandum of Understanding with the United States Pacific Command P!C"M# to construct three fully e$uipped schools in the %orth& A point at issue was how Education Minister Bandula Gunawardena came to make a recommendation for this purpose. According to him, the Department of National Planning and the Presidential Task orce for !esettlement, De"elopment and #ecurit$ ha"e recommended the proposal. This was after the Ministr$ of Education, %ultural Affairs and #ports of the Northern Pro"incial %ouncil had su&mitted the proposal. Therefore, he sought appro"al to sign an Mo' with the (ffice of Defence %o)operation in the 'nited #tates Em&ass$ in %olom&o. *t is this office that

liaises on all matters related to PA%(M. +is recommendation was to &e taken up originall$ on ,anuar$ -- &ut was put off for last Thursda$ to await comments from important ministries. That this proposal came amidst the '# mo"e to introduce a third resolution, this time seeking an international pro&e on alleged war crimes, at the 'N +uman !ights %ouncil in Gene"a was grist to the mill for some. Parado.ical enough, this was at a time when Presidential #ecretar$ /alith 0eeratunga and E.ternal Affairs Ministr$ Monitoring MP #a1in 2aas Gunawardene were in 0ashington D% lo&&$ing #ri /anka3s case with a small cross section of legislators, polic$makers and officials. 0eeratunga circulated to them a 45)page report setting out #ri /anka3s case. (n 0ednesda$, 0eeratunga met Assistant #ecretar$ of #tate for %entral and #outh Asian Affairs, Nisha Desai Biswal, who was due in %olom&o a few da$s later. +e pleaded #ri /anka3s case and outlined the measures the 'P A Go"ernment had taken to act on issues raised in the two pre"ious '#)sponsored resolutions. The essence of his appeal was to seek more time. That was the onl$ meeting with a #tate Department official. Ms. Biswal arri"ed in %olom&o on rida$ on a three)da$ "isit and was meeting Go"ernment leaders, ci"il societ$ groups and opposition personalities. A #tate Department media statement from 0ashington said, 6Assistant #ecretar$ Biswal will tra"el to /ondon for meetings with officials from +er Ma1est$3s Go"ernment on e&ruar$ 7. #he will also tra"el to Gene"a, for meetings regarding our intention to sponsor a resolution on #ri /anka in the March session of the 'N +uman !ights %ouncil. This resolution will &uild upon pre"ious resolutions in 58-5 and 58-7, and will urge #ri /anka to do more to promote reconciliation, 1ustice and accounta&ilit$ in the wake of the ci"il conflict.9 Among those Biswal met in %olom&o were E.ternal Affairs Minister G./. Peiris, ,ustice Minister !auff +akeem, Defence #ecretar$ Gota&a$a !a1apaksa, (pposition 'NP /eader !anil 0ickremesinghe and a delegation from the Tamil National Alliance :TNA;. #he had an ela&orate programme in ,affna $esterda$. There was a 4< minute "isit to the 'tha$an newspaper office and a meeting with the Bishop of ,affna, !t. !e". Thomas #a"undrana$akam. The prelate told Ms Biswal that there should &e an international in=uir$ into the alleged war crimes. #he had a meeting with Ananthi #hashitharan together with relati"es of three missing persons. #he also called on Northern Pro"ince %hief Minister %.2. 0igneswaran and Go"ernor retired Ma1or General G.A. %handrasiri. !t. !e". #aundrana$akam will &e among Bishops who will meet President !a1apaksa ne.t week. !epeated efforts &$ the 'nited #tates Em&ass$ in %olom&o to secure an appointment for her with President Mahinda !a1apaksa were not successful. A Presidential source said !a1apaksa had a tight schedule this week. +owe"er, diplomatic sources in %olom&o &elie"e the mo"e was a snu& and !a1apaksa had succeeded in a"oiding Biswal deli"ering a strong message to him from the '# Go"ernment. The tough stance of the '# had &een reflected in her engagements with others in %olom&o.

A senior official of the '# ,ustice Department is also e.pected in %olom&o ahead of the Gene"a e"ent. Also in %olom&o this week is 2ick$ Morel$, Desk (fficer for #ri /anka at the oreign and %ommonwealth (ffice in /ondon. Britain, which will &e a co) sponsor of the latest '#)&acked resolution, is also can"assing support from +uman !ights %ouncil mem&ers of the %ommonwealth. *t has also o&tained the help of rance to lo&&$ rench speaking mem&er countries. *n what seemed opposition support for British Prime Minister, Da"id %ameron o"er #ri /anka, (pposition /a&our Part$ leader Ed Mili&and this week declared his &acking for an 6international in"estigation.9 +e declared that Premier %ameron should follow through with the announcement he made in %olom&o during the %ommonwealth summit towards such an in=uir$. +is statement came during a meeting with Tamil diaspora groups in Britain. Arri"ing in %olom&o on Tuesda$ on a four)da$ "isit is *"or ,enkins, a former #outh African Minister and now consultant to the Go"ernment there. +e is associated with #outh Africa3s initiati"es to promote a Truth and !econciliation %ommission in #ri /anka. Neither the 'P A Go"ernment nor the TNA has made progress o"er this slow mo"ing initiati"e. #ources on &oth sides sa$ the$ do not e.pect an$ tangi&le de"elopment though the "isit is a continuance of the #outh African efforts. (n the part of the TNA, one of its senior mem&ers said, 60e are not sure what #outh Africa can do which *ndia has not &een a&le to carr$ out so far. 0e do not place much hope on the effort.9 *n fact, after its meeting with #outh African President ,aco& >uma, the TNA said it would ha"e to consult *ndia &efore em&arking on an$ mo"e towards a Truth and !econciliation %ommission. The TNA has also not responded so far to a #outh African in"itation for a delegation to "isit that countr$ for further talks. That there is no softening of the '# position o"er Gene"a &ecame e"en clearer this week. Talking to senior #tate Department officials in 0ashington was Makita #himokawa, Deput$ Director General, Asian and (ceania Affairs Bureau of ,apan3s oreign Affairs Ministr$. According to 0ashington)&ased diplomats, #himokawa made a strong &id to urge the '# to take what was descri&ed as a moderate approach. The thrust &$ ,apan, a close '# all$, was to o&tain more time for #ri /anka to address issues related to the two pre"ious '#)&acked resolutions. According to these diplomats, he had also pitched on the growing influence of %hina in #ri /anka and pointed out that puniti"e action would onl$ force %olom&o to rel$ further on Bei1ing. ,apan3s relations with %hina ha"e remained strained with the two countries locked in a war of words. The regional cold war e.acer&ated on the dispute o"er the ownership of Diao$u or #enkaku islands in the East %hina #ea. ,apanese Prime Minister #hin?o A&e3s "isit to Tok$o3s contro"ersial @asukuni #hrine further rekindled issues &etween the two countries. The$ sa$ that the efforts of the senior ,apanese diplomat, #himokawa did not succeed. A ,apanese Em&ass$ spokesperson in %olom&o confirmed that #himokawa was in #ri /anka on a two)da$ "isit &efore he undertook his 0ashington tour. +e had met E.ternal Affairs Minister Peiris, Presidential #ecretar$ 0eeratunga and E.ternal Affairs Ministr$ #ecretar$ Ashenuka #ene"iratne. #himokawa3s "isit came as a follow)up to

the si.)da$ "isit in Decem&er last $ear &$ ,apan3s special en"o$ @asushi Akashi. /ast $ear, ,apan a&stained from "oting for the '#)&acked resolution. Go"ernment Ministers are also undertaking similar missions. The$ were heading for different capitals of mem&er countries of the 'N+!% to urge them to support #ri /anka to defeat the latest resolution. Minister D.E.0. Gunasekera who was in +o %hi Minh %it$ reported &ack to President !a1apaksa that 2ietnam has e.tended it 6fullest support9. #ri /anka3s Am&assador Dr. *"an Amarasinghe had messaged the Ministr$ of E.ternal Affairs as well that 2ietnam would &e &acking #ri /anka with 6a ro&ust declaration of solidarit$9. 2ietnam o&tained the highest num&er of "otes B -C4 out of -D5 countries at the 'nited Nations General Assem&l$ last $ear E for 'N+!% mem&ership 58-4)-F despite some 0estern countries tr$ing to &lock its entr$ to the %ouncil. (ther ministers ha"e &een assigned to can"ass 'N+!% mem&ers. Dinesh Gunawardena has &een assigned to tra"el to Bra?il, A.+.M. ow?ie to Auwait and Dilan Perera to the Philippines. Minister Nimal #iripala de #il"a was in Pakistan and later 1oined Minister Peiris for a "isit to New Delhi where Peiris addressed diplomats of 'N+!% mem&er countries which do not ha"e a resident mission in %olom&o. *t is in this "irtuall$ '#)dominated &ackdrop that the ministers sat down to discuss Minister Bandula Gunawardena3s proposal. President !a1apaksa concurred with =uestions raised &$ some ministers on the propriet$ of a Ministr$ of Education dealing directl$ with a securit$ arm of the '# Go"ernment. The discussion was also to see Pa"ithra 0anniaratchchi, Minister of Power and Energ$, complain a&out the conduct of the 'nited #tates Am&assador Michele #ison. #he alleged that Am&assador #ison was planning to conduct a meeting of all women MPs in Parliament with the help of 'nited National Part$ :'NP; parliamentarian !os$ #enana$ake. #he claimed that it was not proper to do so without the permission of the #peaker. Education Minister Gunawardena told his ministerial colleagues, 6Measures ha"e &een taken to sign a Memorandum of 'nderstanding &etween the Go"ernment of the Democratic #ocialist !epu&lic of #ri /anka and the (ffice of Defence %o)operation, '# Em&ass$, %olom&o.9 +e noted that the o&1ecti"e was to 6perform new construction acti"ities and reno"ations of three schools9 in the Northern Pro"ince from the office of Defence %o)operation of the '# Em&ass$. The schools areG 'ruthirapuram Maha 2id$ala$a :Ailinochchi District;, Thunukkai Girls3 Tamil Medium #chool :Mullaiti"u District; and Musali Maha 2id$ala$a :Mannar District;. +e told his ministerial colleagues, 6The Department of National Planning and the Presidential Task orce for !esettlement, De"elopment and #ecurit$ B Northern Pro"ince ha"e recommended the two pro1ect proposals su&mitted &$ the Ministr$ of Education, %ultural Affairs and #ports of the Northern Pro"ince, on new constructions, reno"ations and reconstruction9 of the three schools. Pointing out that the Department of E.ternal !esources has granted concurrence for the draft Mo', he has added that the o&ser"ations of the Attorne$ General3s Department ha"e also &een o&tained and incorporated. *n terms of the AG3s recommendations, he has added that a committee,

will &e appointed under the chairmanship of the Ministr$ of Education and with the participation of the Northern Pro"ince3s %hief #ecretar$ to monitor the implementation of the pro1ects. The proposal entailed the signing of the Mo' &$ Anura Dissana$ake, #ecretar$ to the Ministr$ of Education :on &ehalf of the Go"ernment of #ri /anka; and Glenda Pollard, /ieutenant %ommander :/%D!;, 'nited #tates Na"$, %hief of (ffice of Defence %o)operation at the '# Em&ass$ in A soldier stands to attention and salutes former General Sarath %olom&o on &ehalf of PA%(M. Fonseka and he acknowledges it with a wave !his was one of the scenes when Fonseka"s #emocratic $arty staged a %rotest rally in The draft Mo' states that 6'# Pacific &olombo last !uesday A large turnout and heavy traffic %revented %ommand (ffice of Defence %o)operation in them from marching to 'yde $ark where the (i%akshaye (irodaya #ri /anka e.ecuting agenc$ for the '# )*%%osition"s $rotest+ was under way $ic by ,ndika 'anduwela Go"ernment in implementing ("erseas +umanitarian, Disaster Assistance and %i"ic Aid :(+DA%A; pro1ects in #ri /anka. A "isiting mission consisting of '# Arm$ %orps of Engineers :'#A%E;, PA%(M and '#A*D representati"es, representati"e of the local consultanc$ and construction firm, %o)ordinator !epresentati"es from Northern Pro"incial Ministr$ of Education and >onal Directors :>DE; of Education, Mannar, Ailinochchi and Mullaiti"u ha"e considered the need for a school !e)construction pro1ect to impro"e the &asic education facilities for the population in the Northern Pro"inceH.9 The pro1ect which has &een in the pipeline since earl$ last $ear was to take 7F months and was to &e handed o"er to the Go"ernment on a 6turnke$9 &asis. The draft Mo' notes that &oth the '# and #ri /anka ha"e agreed on fi"e points. The$ areG undingG unds the schools reconstruction pro1ect &$ soliciting, awarding and e.ecuting a '# Go"ernment %onstruction %ontract, utilising a local construction firm and local =ualit$ assurance inspector. %ontract AdministrationG Administer the related contracts in accordance with applica&le '# laws including pa$ments and actions for an$ re=uired contract modifications. The contractor should ha"e *%TAD registration and &e selected through open tenders. Progress !eportsG Periodicall$ make construction progress reports a"aila&le to the Ministr$ of Education at the national or pro"incial le"el and or other official representati"es of the Democratic #ocialists !epu&lic #ri /anka. DesignI#pecification %hangesG *mmediatel$ ad"ise '#A%E :'# Arm$ Engineering %orps;, or an$ re=uired or "ia&l$ recommended design or specification changes. Authorit$ for changes to design and specifications remains with '#A%E unless specificall$ delegated. DedicationI acilit$ Turno"erG %o)ordinate with appropriate #ri /ankan officials and notif$ '#A%E to schedule a formal turno"er of the completed facilities to the Ministr$ of Education of the Democratic #ocialist !epu&lic of #ri /anka. Among matters which #ri /anka was to agree to pro"ide the '# authorities wereG

Access to #itesG 0ill ensure that the contractors, PA%(M representati"es, '#A%E engineers and '#A*D representati"es will &e a&le to gain access to the Northern Pro"ince as necessar$ in the course of contracting work, inspections and an$ site "isits deemed necessar$. %onstruction Pro1ect acilitationG Direct all =uestions, concerns and re=uest for construction progress reports to the (ffice of Defence %o)operation of the 'nited #tates Em&ass$, %olom&o, not the contractor or his su&ordinates, make e"er$ effort to ensure that other appropriate #ri /ankan Go"ernment officials are aware of such =uestions, concerns and re=uest. This is not the first time that Education Minister Bandula Gunawardena is at the centre of a contro"ers$. #ome of his colleagues point out that it was inappropriate for his Ministr$ to ha"e proposed to sign an M(' with the '# Pacific %ommand. The$ opine that such a mo"e should ha"e &een carried out either &$ the Ministr$ of E.ternal Affairs or the Ministr$ of Defence and 'r&an De"elopment taking the lead role. The$ sa$ once the pro1ects were completed, the Ministr$ of Education could ha"e taken charge. /ate last $ear, Gunawardena declared that the @ear < scholarship e.amination, which pa"es the wa$ for &right students to enter renowned educational institutions, would &e scrapped from 58-F. *t drew a storm of protests from his own ministerial colleagues as well as the pu&lic forcing him to later &acktrack. #ome ministers were also critical that the Ministr$ of Education wanting to sign an agreement with a militar$ command of another countr$ in itself was an indictment on how the state machiner$ functions. 6*f it was appro"ed, that would ha"e &ecome a precedent to an$ Ministr$ "enturing into pro1ects with militar$ organisations of an$ other countr$. (ne has to stud$ this issue to determine how it came a&out,9 said one minister who did not wish to &e identified. +e added, 6e"en if the proposal itself was well meant, and would no dou&t &enefit the pu&lic in the North, the =uestion is who decides on national securit$ and other aspectsJ 0hat has happened to the mechanisms that ha"e &een in place since independenceJ9 !ecentl$, %ommerce Minister !ishard Bathiudeen wrote directl$ to the Pakistan Prime Minister seeking assistance for housing in Muslim "illages in the North. President !a1apaksa who chaired last Thursda$3s ministerial meeting was also li"id a&out another de"elopment E the Northern Pro"incial %ouncil adopting a resolution last Monda$ seeking an international pro&e into alleged war crimes. +e was angr$ that none in the NP% opposition &enches, who represent the 'P A, raised an$ o&1ection when the resolution was mo"ed &$ M.A. #i"a1ilingam and seconded &$ Ananthi #ashitharan. *t was %hief Minister 0igneswaran who sought to mo"e a change in the wording. +e told the %ouncil where 7F of the 7C mem&ers were present that the word 6genocide9 should not &e used. *nstead, he said, words Ke=ual to genocide3 should &e used. +e also said the word 6Tamils9 &e su&stituted with the words 6our people.9 The changes were made and the resolution was adopted unanimousl$ in the TNA) controlled council. *t came as the worst possi&le em&arrassment for Minister Douglas De"ananda3s Eelam People3s Democratic Part$ :EPDP;. Aandaswama$ Aamalendran,

the NP% (pposition /eader who represents his part$, was present after he was escorted &$ Police and Prison officials for the meeting. Aamalendran is now in remand custod$ in connection with the alleged murder of Daniel !e.ian, %hairman of the Pradeshi$a #a&ha of the island of Aa$ts. +e has re1ected calls &$ De"ananda to su&mit his resignation and continues to hold office. Adding to the ire of the 'P A leaders was the reported failure of its partners to stage an$ form of protest when '# Assistant #ecretar$ Biswal "isited ,affna $esterda$. #uch pro)'P A Go"ernment protests were conducted when British Prime Minister Da"id %ameron "isited the north. The NP% resolution has led to angr$ protests in the #outh. The ,athika +ela 'ruma$a :,+'; is to urge President Mahinda !a1apaksa to dissol"e the Northern Pro"incial %ouncil since the adoption of the resolution which it sa$s is unconstitutional. The ,+' is now discussing the issue and is to seek a meeting with him. Minister and ,+' General #ecretar$ %hampika !anawaka told the #unda$ Times, 6The %onstitution has conferred some powers on Pro"incial %ouncils. %alling for an$ form of in"estigation into purported war crimes is a matter for the %entral Go"ernment.9 +e said the Go"ernor of the Northern Pro"ince should initiate action against the NP% since it was not acting in accordance with the countr$3s %onstitution. +e added that there was constitutional pro"ision for the Go"ernor to complain to the President if the NP% was "iolating the %onstitution. 6*n such an e"ent, the President is empowered to dissol"e the %ouncil.9 Defending the #ri /anka Arm$, Minister !anawaka said if the$ were unrul$, the$ could ha"e killed thousands of ci"ilians &ut the$ had not done so during the final stages of the militar$ campaign to li=uidate the /TTE. The Tiger guerrillas, he said, had used ci"ilians as human shields. 6The /TTE directed an armed struggle against the #tate earlier. Now, the ma1orit$ in the NP% are carr$ing out a diplomatic separatist campaign,9 !anawaka charged. +owe"er, attorne$)at)law ,a$ampath$ 0ickremeratne P%, a constitutional law$er, argued that it did not amount to a "iolation of the %onstitution. +e told the #unda$ Times, 6The people3s elected representati"es ha"e the right to e.press their "iews on "arious issues. #oon after the war ended, Pro"incial %ouncils and Pradeshi$a #a&has passed resolutions to cele&rate the success. * am not taking a particular position on this, &ut as People3s representati"es the$ can e.press their "iews.9 Northern Pro"ince Go"ernor, retired Ma1or General G.A. %handrasiri, declined comment on the NP% decision e.cept to sa$ that the 6%onstitutional pro"isions are "er$ clear.9 (ther sources said his office was now formulating a report on the su&1ect for President !a1apaksa. +owe"er, TNA leader #ampanthan defended his alliance3s action at the NP%. +e told the #unda$ Times, 6There has &een no transparent, independent and impartial in"estigation domesticall$. An assurance to conduct such a pro&e was contained in the 1oint statement after the 588D "isit of 'N #ecretar$ General Ban Ai)moon to #ri /anka. The 'N panel of e.perts said there were credi&le allegations of "iolations of international humanitarian law. This needs to &e in"estigated in a credi&le and impartial wa$.9 +e said after these e"ents, 6e"idence has &een forthcoming through the electronic

media of such "iolations. Both in letter and spirit, the$ "iolate the /essons /earnt and !econciliation %ommission ://!%; recommendations and the '#)sponsored resolutions. *f the purpose of the recommendations was to ensure reconciliation, what has &een happening &rought a&out greater ill will and discontent for the "ictims of the war. 0e are not against #ri /anka. 0e do not want #ri /anka to &e penalised. That does not mean authoritarianism or impunit$ has to pre"ail.9 +e, howe"er, did not comment on the constitutionalit$ of the NP% adopting that resolution. +e said the =uestion should &e directed to %hief Minister 0igneswaran. +owe"er the NP% %hief Minister was not a"aila&le for comment. *f the pro)'P A opposition in the NP% remained mum on the resolution calling for an international pro&e on alleged war crimes, it was also the case when a num&er of other resolutions were adopted. Among themG A monument to &e erected in Mullai"aikal to remem&er the dead during the final phase of the war, set up a /and #ecretariat in Mullaiti"u to resol"e land issues of the need$, forensic and internal in"estigations into skeletal remains found at Thiruketheswaram in Mannar to &e super"ised &$ the 'nited Nations, all name &oards in the North &e in Tamil, #inhala and English, e.press appreciation to British Prime Minister %ameron for "isiting ,affna and call for the Arm$ to return to owners a farm at Mutti$ankadu ri"er &ank in Mullaiti"u and o"er 5,888 cows there &e handed &ack to pri"ate owners. These local political de"elopments dominated what would otherwise ha"e &een a largel$ securit$ related meeting on 0ednesda$ chaired &$ President !a1apaksa. (ne of the focal point of attention was the crowd former General #arath onseka3s Democratic Part$ :DP; had attracted. The$ were to 1oin the 2ipaksha$e 2iroda$a :(pposition3s Protest; rall$ at the +$de Park. onseka had e.plained to 2en Maduluwawe #o&hitha Thera, the chair of the e"ent, that he was not a&le to 1oin up at +$de Park since their procession had taken time. *nstead, the DP rall$ ended outside the ort !ailwa$ #tation where onseka addressed the participants. *n a related de"elopment, a Buddhist monk who is a mem&er of the DP together with his supporters 6raided9 a printing press in Nugegoda where a thick &ook derogator$ of onseka was &eing printed. +e stood in front of tele"ision cameras to show the stacks of &ooks and alleged that an unknown person had ordered -8,888 copies. A DP spokesperson said, 6This is the treatment &eing meted out to a soldier who led troops to defeat Tiger terrorists. Despite intimation to the Police, no action has &een taken.9 +e was of the "iew that the &ooks were meant for distri&ution during the upcoming #outhern and 0estern Pro"incial %ouncil elections. Nominations for these elections, e.pected to &e held on March 5D, will close on Thursda$. The 'P A3s line of campaign &ecame clear when President !a1apaksa took part in e"ents in the Aalutara District on rida$. +e said countries in the west were in a conspirac$ to den$ to #ri /anka the hard)won "ictor$ against Tiger guerrillas. +e "owed that he would not gi"e in to such mo"es. That strong assertion reflected a hard line approach domesticall$ though internationall$ emissaries are pleading #ri /anka3s case. That dichotom$ reflects what the 'P A Go"ernment is toda$.