Despite rejection, Govt.

works out strategy to face

UN probe
By Our Political Editor-Sunday, May 18, 2014
Pakistani lawyer briefs Govt. leaders on what to do, but
non-conf luence of thoughts in UPF - Urgent Bill to !rotect victi"s of cri"e and
witnesses as another res!onse to Geneva resolution
View(s):
Te Govern!ent is engage" in a nu!ber of infor!a# "ip#o!atic initiatives to counter
accusations against $ri %anka, particu#ar#y wen te UN &u!an 'igts (ounci#)s internationa#
investigation into a##ege" war cri!es gets un"er way.
Chaudhry Aitzaz Ahsan
Te !ove is notwitstan"ing te officia# position tat no suc investigation wou#" be
recognise" nor wou#" tose con"ucting it be a##owe" to enter te country. Te co!position of
investigators an" teir ter!s of reference wi## be announce" by te UN &u!an 'igts &ig
(o!!issioner Navi *i##ay witin te ne+t two weeks. ,or!a##y it wou#" be i"entifie" as an
investigation con"ucte" by te -ffice of te &ig (o!!issioner for &u!an 'igts (-&(&')
as against ter!ino#ogy #ike a (o!!ission of .n/uiry or a probe by a *ane# of 0+perts. Te first
inti!ation of te !ove, accor"ing to reports fro! Geneva, is to be to te $ri %anka *er!anent
1ission in Geneva. Tat is for te purpose of for!a##y conveying te !essage to te
Govern!ent. 2 pub#ic announce!ent is to fo##ow.
3ust a week ago, te Govern!ent e#" consu#tations wit a *akistani #ega# e+pert. &e arrive" in
(o#o!bo after *resi"ent 1ain"a 'ajapaksa !a"e an appea# to *ri!e 1inister Nawa4 $ariff.
Te #awyer, 56 year o#" (au"ry 2it4a4 2san, wo stu"ie" #aw at (a!bri"ge University in
7ritain, was ca##e" to te 7ar at Gray)s .nn in 89:5. 2n active !e!ber of te ru#ing *akistan
1us#i! %eague ;Nawa4 (*1%;N), 2san "efen"e" *re!ier $ariff in 8999 on carges of
ijacking an aircraft, a case in wic e was ac/uitte". Te aircraft was te one in wic ten
*akistan)s 2r!y (o!!an"er Genera# *ervai4 1usaraff was returning to is country after a
visit to $ri %anka. $arif was carge" after 1usaraff took over power troug a !i#itary coup
tat fo##owe".
2san gave is views at a !eeting caire" by 0+terna# 2ffairs1inister G.%. *eiris. 2!ong
tose present were 0+terna# 2ffairs 1inistry $ecretary <senuka $enewiratne, 2ttorney
Genera# *a#ita ,ernan"o an" *akistan)s &ig (o!!issioner retire" 1ajor Genera# =asi!
=uresi. 2san a#so a" separate !eetings wit 0cono!ic Deve#op!ent 1inister 7asi#
'ajapaksa an" Defence $ecretary Gotabaya 'ajapaksa.
-ne of te suggestions e !a"e was for $ri %anka to initiate a specia# session of te &u!an
'igts (ounci# after winning te support of !ore countries. &e was of te view tat besi"es te
e#even nations tat vote" in favour of $ri %anka (or against te Unite" $tates sponsore"
reso#ution) in 1arc, te support of on#y four !ore countries was re/uire" to ca## for suc a
specia# !eeting. 2t tat !eeting, e sai" tat $ri %anka wou#" ave to !ake a strong case of its
current position by winning over as !any !e!ber countries as possib#e. 2s for te propose"
-&(&' investigation, e sai", tere was no way it wou#" be ca##e" off. &e e#" te view tat it
was a perfect#y #egiti!ate e+ercise watever te oter factors !igt be. &e was a#so of te view
tat it wou#" be usefu# for $ri %anka if tere were internationa# observers present at "o!estic
in/uiries tat were un"er way. Tat was to #en" !ore cre"ibi#ity to te process.
Minister Wimal Weerawansa offering Atapirikara to the Malwatte
Mahanayake when he visited the prelate to explain the 12 point reform
proposals of the NFF !i" #y $hane $eneviratne
-f course, ee"ing suc !oves now wou#" raise a nu!ber of /uestions. 1ain a!ong te! is
wy no suc action was initiate" by te 0+terna# 2ffairs 1inistry wen successive reso#utions
were intro"uce" by te U$ in te past tree years. Nee"#ess to say te *akistani a"visor)s views
"i" not create a we#co!e !oo". *eiris "i" ruff#e featers wen e "ec#are" so!ewat terse#y
tat te consu#tation was to "eter!ine "ifferent #ega# positions an" asserte" it was not to obtain
views fro! te visiting #ega# a"visor on wat te Govern!ent of $ri %anka sou#" "o.
Tis was c#ear#y te resu#t of wat one 021 source "escribe" as a >non;conf#uence? of
tougts. *eiris, wo gave face officia##y to !ost of te Govern!ent)s initiatives, was to say e
wou#" at te ne+t !eeting of te &u!an 'igts (ounci# in $epte!ber raise issue concerning
$ri %anka an" >sort out !atters.? &e, owever, "i" not e#aborate. Going by wat e sai", tere
were tree previous occasions wen tings cou#" ave been >sorte" out.? &ow e p#ans to "o it
on a fourt occasion was unc#ear even to tose present at te !eeting. =uite c#ear#y e was not
appy wit so!e of te views e+presse" by te *akistani a"visor. &e "i" not see! to be seen to
be upstage" by 2san wo !a"e anoter suggestion to ave a pane# of >observers? of
internationa# stan"ing to !onitor investigative procee"ings con"ucte" in Geneva. @enever
suc procee"ings are over, tat wou#" enab#e te! to !ake teir own conc#usions an" go
pub#ic. @eter UN &u!an 'igts (ounci# proce"ures wou#" a##ow suc a !ove an" wo wi##
be wi##ing to serve in te process is not i!!e"iate#y c#ear. -f course, in officia# ter!s, suc
>observers,? Govern!ent wants to !ake c#ear, are not on teir own initiative.
1inister 7asi# 'ajapaksa was to e+p#ain tat te Govern!ent "i" not recognise te
internationa# investigation. 2 "o!estic process as been in p#ace, e sai". Defence $ecretary
Gotabaya 'ajapaksa was !ore pointe". &e sai" issues re#ating to accountabi#ity a" a#rea"y
been investigate" by !i#itary courts of in/uiry. &e a""e" tat a (o!!ission of .n/uiry was
now probing "isappearances. 2san was "ue to report on is !eetings in (o#o!bo to *re!ier
$ariff.
2noter !atter tat is being #ooke" at is to obtain e+pert !i#itary opinion an" te support of as
!any U$ #aw!akers as possib#e. .n tis regar", a Govern!ent "ignitary as a#rea"y a" a
!eeting wit a #ea"ing retire" Unite" $tates Genera# in %os 2nge#es. &e is :9 year o#" retire"
Genera# @es#ey (#arke. During is tenure of AB years in te U$ 2r!y, e as been (o!!an"er
of te $upre!e &ea"/uarters 2##ie" *owers, U$ 0uropean (o!!an" an" U$ $outern
(o!!an". &e as seen wars in Vietna! an" <osovo. Govern!ent sources say Gen. (ret".)
(#arke is to visit $ri %anka but a fir! "ate as not been "eci"e" upon.
%ast ,ri"ay, $enator 3a!es 1. .nofe ('epub#ican C -k#ao!a), a !e!ber of te 2r!e"
$ervices (o!!ittee, wrote to *resi"ent 7arack -ba!a re/uesting i! to >support? is
(.nofe)s) reso#ution in te $enate on $ri %anka. Noting tat e be#ieves tere is >a "angerous
#ack of ba#ance in U$ foreign po#icy towar"s $ri %anka?, e ca##e" upon te U$ *resi"ent to
>review your current po#icies towar"s tat country an" seek furter engage!ent to assist te!
as tey continue teir progress towar" reconci#iation an" reconstruction after A6 years of a
b#oo"y civi# war against te Ta!i# Tiger terrorists.? &ere are oter ig#igts of is #etter:
>.n !y two #etters to $ecretary <erry an" one to $ecretary &age# (Defence $ecretary) over te
past year, . note" te econo!ic significance as we## as geostrategic #ocation of $ri %ankaD bot
are vita# to te #ong;ter! financia# an" nationa# security interests of te U.$. in 2sia. &owever,
at a ti!e wen te U.$. is reca#ibrating its foreign po#icy towar" 2sia, . a! concerne" tat we
!ay be giving tis is#an" nation reason not to consi"er te U.$. a frien" an" strategic partner,
!ain#y because of our continue" see!ing#y sing#e e!pasis on accountabi#ity for wat
appene" "uring te #ast pases of teir civi# war, as we## as on po#itica# reconci#iation.
>'econci#iation between te Govern!ent an" te for!er Ta!i# Tiger terrorists, as we ave seen
e#sewere, is a co!p#e+ an" #engty process tat "eserves our constructive support. 2n" wi#e
!uc re!ains to be "one since te Ta!i# terrorist "efeat in E669, #ast $epte!ber)s provincia#
e#ections in te for!er terrorist Nortern *rovince provi"es an e+a!p#e tat po#itica#
reconci#iation is un"er way. Tere, te Ta!i# Nationa# 2##iance (te civi#, non;vio#ent, Ta!i#
co!!unity) won A6 out of AF seats. .nternationa# observers "ec#are" tis as a >free an" fair?
e#ection, an" note" te toroug preparations by te $ri %ankan govern!ent wic succee"e"
in "rawing significant voter turnout.
>.n a""ition to taking concrete steps towar"s po#itica# reconci#iation, te $ri %ankan
govern!ent as "evote" !ajor resources towar" rebui#"ing te war;torn Nortern *rovince.
$ince E669, G A.E bi##ion, or : per cent of $ri %anka)s gross "o!estic pro"uct, as been spent
c#earing over a !i##ion #an"!ines, resett#ing near#y A66,666 interna##y "isp#ace" persons,
restoring pysica# infrastructure, i!proving ea#t an" e"ucation sectors an" strengtening
financia# inc#usiveness.
>1otivate" by tese facts, in ,ebruary E68B, . intro"uce" $. 'es. A:B, wic ca##s upon you to
"eve#op a co!preensive an" we## ba#ance" po#icy towar"s $ri %anka tat ref#ects U.$.
interests, inc#u"ing respect for u!an rigts, "e!ocracy an" te ru#e of #aw, as we## as
econo!ic an" security interests. .t a#so ca##s on te U.$. an" te internationa# co!!unity to
assist te govern!ent of $ri %anka, to "ea# wit any grievances arising fro! actions co!!itte"
by bot si"es "uring an" after teir civi# war. 2n" specifica##y encourages te govern!ent of
$ri %anka to a"opt a $out 2frican type of Trut an" 'econci#iation (o!!ission tat wi## take
into account a## a##ege" war cri!es tat !ay ave been co!!itte" by bot si"es in te civi#
warH.?
.t was just #ast week tat *resi"ent 1ain"a 'ajapaksa to#" $eiji <iara, *ar#ia!entary Vice
1inister for ,oreign 2ffairs of 3apan, >@e are in te process of i!p#e!enting a## oter
"e!an"s !a"e by sponsors of te 'eso#ution.? &e, owever, !a"e c#ear tis was wit te
e+ception of >an internationa# in/uiry? into a##ege" war cri!es. Tose re!arks ca!e as c#ear
proof tat "espite rejecting te UN &u!an 'igts (ounci# reso#ution, *resi"ent 'ajapaksa
i!se#f as now gone pub#ic to say issues in te reso#ution barring one ave been a""resse" or
are being a""resse". Tis un"erscore" te fact tat te U*,2 Govern!ent is now taking
serious#y te outco!e of te UN &u!an 'igts (ounci# reso#ution an" te situation tat
porten"s after an internationa# investigation into a##ege" war cri!es is conc#u"e".
2noter i!portant step in tis regar" is te urrie" forwar"ing to te (abinet of 1inisters a
"raft *rotection of Victi!s of (ri!e an" @itnesses 7i## by 3ustice 1inister 'auff &akee!. &e
as sai" tat >as a !atter of great nationa# interest,? te "raft #aw sou#" be Ga4ette" an" tab#e"
in *ar#ia!ent. Te prea!b#e of te "raft #aw points out tat it is to, a!ong oter !atters, >give
effect to appropriate internationa# nor!s, stan"ar"s an" best practices re#ating to te protection
of victi!s of cri!e an" witnesses.? Te seven objectives te "raft #aw seeks to acieve are:
Set out, uphold and enforce the rights and entitlements of victims of
crime and witnesses and to provide for a mechanism to promote,
protect, enforce and exercise such rights and entitlements;
Provide assistance and protection to victims of crime and witnesses;
To enable victims of crime to obtain compensation from persons
convicted of having committed offences against them;
Provide for obtaining redress by victims of crime, including restitution,
compensation, reparation and rehabilitation of victims;
Set out duties and responsibilities of the State, Judicial Officers and
public officers towards the promotion and protection of the rights and
entitlements of victims of crime and witnesses;
Stipulate offences that may be committed against victims of crime
and witnesses and the penal sanctions that may be imposed on
persons who commit such offences; and
Provide for the adoption and implementation of best practices
relating to the protection of victims of crime and witnesses.
2!ong oter ig#igts of te AF page "raft #aw, wic te 2ttorney Genera# as opine" is
consistent wit te (onstitution are:
The recognition and setting out of a! the rights of victims of crime
b! entitlements of witnesses.
"reation of certain offences that may be committed against victims of
crime and witnesses
#stablishment of a mechanism for the in$uiry into complaints against
infringement or imminent infringement of rights or entitlements of
victims of crime or witnesses
#stablishment of an %uthority for the purpose of administering the
provisions of the law. &t will be called the 'ational %uthority for the
Protection of (ictims of "rime and )itnesses.
#stablishment of a Special *ivision by the &nspector +eneral of Police
to provide assistance to victims of crime. &t will be called the (ictims
of "rime and )itness %ssistance and Protection Programme. &t will
assist and protect victims of crime and witnesses.
&mpose duties on courts, commissions or law enforcement authorities
in providing protection to victims of crime and witnesses.
#stablishment of a special fund to be utilised for payment of
compensation to victims. Such an amount would not exceed one
million rupees or twenty per cent of the maximum fine payable for a
particular offence.
Provide for the recording evidence through contemporaneous audio
visual lin,age from remote locations within Sri -an,a. % "ourt or a
"ommission is being empowered to decide whether evidence or
statement is given through audio.visual lin,age, and on the
admissibility and use of such evidence or statement recorded.
2ccor"ing to 3ustice 1inister &akee!, te "raft #aw provi"es for "ifferent parts to be brougt
into operation on "ifferent "ates. &e notes tat tis is to enab#e te necessary infrastructure an"
oter re/uire!ents are in p#ace wen te entire #aw beco!es operative.
Deve#op!ents in te recent weeks co!e as furter proof tat a""ressing issues tat ave arisen
in te past !ore tan tree years before te UN &u!an 'igts (ounci# as been a" oc. 2t
first, it was a case of ignoring te issues an" a##owing tree "ifferent reso#utions to fo##ow one
after anoter. %itt#e or noting was "one by te 0+terna# 2ffairs 1inistry or $ri %anka)s
"ip#o!atic !issions overseas, particu#ar#y in @asington D(. Not even te pub#ic re#ations
fir!s tat pockete" !i##ions of "o##ars fro! te $ri %anka 0!bassy in @asington or te
(entra# 7ank in (o#o!bo (running a para##e# 0+terna# 2ffairs 1inistry operation) were ab#e to
"e#iver or "o !uc "a!age contro#.
Te resu#t is wat is p#aying out tis week. 1ost $ri %ankans are unaware tat se#f;appointe"
e+perts ave been trave##ing te g#obe at ta+payers) e+pense to #obby persons i"entifie" as
i!portant !ain#y in te Unite" $tates. &ere again, targets for suc an e+ercise a" to be
i"entifie" by a frien"#y country. .n !ost instances, one for!er ig ranking persona#ity in tat
country as been working troug is own contacts in te U$. Tey were in (o#o!bo on
nu!erous occasions, says an 021 source. Does anyting !ore nee" to be sai" about te
con"uct of $ri %anka)s foreign re#ationsI Tere is a serious "isparity in te !i##ions of "o##ars
now being spent an" te co!!ensurate returns. Does anyone careI
.s @eerawansa revo#ting or p#aying "oub#e ga!eI
>2## our prob#e!s are now over. %et us face for potograps togeter,? /uippe" a s!i#ing but
tire" #ooking *resi"ent 1ain"a 'ajapaksa wen e !et 1inister @i!a# @eerawansa, #ea"er
of te Nationa# ,ree"o! ,ront (N,,), by cance on ,ri"ay nigt.
Te occasion was te 56t anniversary ce#ebrations of <.D. 0bert an" $ons, a #oca#
construction fir!, at te @ater)s 0"ge in 7attara!u##a. 'ajapaksa was tere as cief guest an"
@eerawansa as 1inister in carge of (onstruction.
>. was going to co!e ere after atten"ing a we""ing. @en . #earnt you were at tis function, .
#eft tere ear#y an" ruse" ere i!!e"iate#y. . wante" to catc you,? sai" 'ajapaksa. &e aske"
wy is (onstruction 1inister an" N,, #ea"er was re#uctant to !eet i!. >Jou give us a ti!e
an" we wi## be tere. @e wi## write to you #ater ne+t week,? @eerawansa rep#ie".
2#toug e "i" not te## 'ajapaksa, te N,, as now written to te 2rcbisop of (o#o!bo,
&is 0!inence (ar"ina# 1a#co#! 'anjit, seeking an appoint!ent. Tis was to brief i! on te
"ifferences tat ave arisen between te party an" te U*,2 #ea"ersip. Te !ain issue centres
on wat te N,, suspects are !oves to a##ow casinos in $ri %anka wit foreign co##aboration.
Govern!ent !inisters ave been !aking contra"ictory pub#ic state!ents over tis issue.
'ajapaksa aske" @eerawansa wat te 1aanayake Teras a" to te## te N,, "e#egation #ast
week. &e rep#ie", >Tere were "ifferent views. @i#e so!e sai" we sou#" stay witin te
U*,2 Govern!ent, tere were oters wo sai" we sou#" /uit.? &e "i" not specify wo tey
were. >Deng okko!a ari ney (Now it)s a## okay), re!arke" 'ajapaksa.
Te cance !eeting between te two on ,ri"ay nigt was te first in !ore tan ten "ays. 2ea"
of te U*,2 1ay Day ra##y, as revea#e" in tese co#u!ns #ast week, *resi"ent 'ajapaksa trie"
to contact 1inister @eerawansa but is ca##s went unanswere". Te ne+t "ay tree oters C
*resi"entia# $ecretary %a#it @eeratunga, Defence $ecretary Gotabaya 'ajapaksa an" (ief of
$taff Ga!ini $enarat C wo were trying to reac i! on bea#f of te *resi"ent a#so fai#e". -n
1ay K (1on"ay) te N,, at its secon" nationa# convention an" 1ay Day ra##y at te
$ugata"asa $ta"iu! a"opte" a 8E point >refor! proposa#s? wic it wants te U*,2
Govern!ent to accept. >.f tere is a genuine "ifficu#ty about one or two of te!, we wi##
un"erstan". &owever, we e+pect te Govern!ent to te## us wat it wi## "o wit te oters,?
@eerawansa sai" yester"ay.
2!ong te oter ig#igts of te 8E point N,, >refor! proposa#s? are:
'o investigation or in$uiry should be held due to undue international
influence other than what has already been initiated in accordance
with the "onstitution of Sri -an,a and the national legal system. )e
strongly condemn the suggestion made by various political forces
influencing the +overnment to hold such internal investigations.
'o negotiations officially or unofficially should be held with any state
or non.state party based on amendments to the /0th %mendment or
its fuller implementation that have been forced on to the Sinhalese,
Tamils and 1uslims and all citi2ens of Sri -an,a.
The +overnment should ban forthwith all operations of foreign funded
fundamentalist religious organisations which pose severe threat to the
co.existence and peace among diverse ethnic communities.
1ost of te >refor! proposa#s? are very !uc in #ine wit te U*,2 Govern!ent)s tinking
an" as terefore cast "oubts weter te N,, is engage" in a "evious, !u#ti;pronge"
propagan"a e+ercise. >1ost of teir proposa#s wi## !eet 'ajapaksa approva#. Ten everyting
wi## en" appi#y ever after,? sai" a #ea"ing UN* !e!ber. &e argue" tat 1inister
@eerawansa)s transparent p#oy was to strengten *resi"ent 'ajapaksa)s an" so e cou#" !eet
"iscontent witin, face bot foreign an" "o!estic issues. >(oncurring on te N,, "e!an"s wi##
!ake i! te !an of te !atc. &e can cite opposition witin U*,2 as te reason for not
wanting to go aea" wit so!e !easures,? e sai".
@itin te $ri %anka ,ree"o! *arty ($%,*), te !ajor partner in te U*,2, @eerawansa)s
!oves ave brougt fort !i+e" responses. 2 for!i"ab#e section #e" by a powerfu# !inister is
of te view tat if te N,, wants to /uit te Govern!ent, it sou#" be a##owe" to "o so. Tey
argue tat te U*,2 sou#" not a##ow a situation were >te tai# wags te ea".? $o!e
!inisters ave gone so far as to suggest tat @eerawansa sou#" be e+pe##e". ><a#aba#a wenna
epa,? (Don)t be e+cite") was 'ajapaksa)s response. &owever, anoter section wic a#so
inc#u"e" !inisters an" partners of te U*,2 opine" tat @eerawansa)s >e+ercise for course
correction? was ti!e#y an" wou#" save enor!ous e!barrass!ent for te U*,2 "ue to pub#ic
"iscontent. >$ee ow suc "iscontent p#aye" out at te .n"ian po##s.
eop#e vote" out te corrupt Gan"i "ynasty. @e sou#" not a##ow tat to appen to te U*,2,?
one !inister wo is backing te N,, sai". Tere were yet oters wo fe#t tat @eerawansa an"
te N,, were bent on ensuring tat is ero"ing vote base in te (o#o!bo District is a#te".
Tis was particu#ar#y after te outco!e of te recent @estern *rovincia# (ounci# e#ections
were te 3anata Vi!ukti *era!una (3V*) votes increase" by so!e AK,666. Tey point out
tat @eerawansa an" is party a" te option of eiter !erging wit te $%,* or !aintaining a
separate i"entity. Te #atter !ay be a co!pe##ing factor for its current stance, tey pointe" out.
@eerawansa to#" 7u""ist pre#ates in <an"y tat if te U*,2 #ea"ers "i" not pay sufficient
ee" to te N,,)s "e!an"s, te party wou#" not esitate to sit as an in"epen"ent group in te
opposition. Teir i"ea in suc a situation was to start a new !ove!ent. &e a" sai" te N,,
wou#" not join oter opposition groups but wou#" ig#igt te reasons wy it cannot go a#ong
wit te U*,2. @eter tis is po#itica# posturing or not wi## on#y be c#ear after te N,,)s
!eeting wit *resi"ent 'ajapaksa. During te !eeting wit te 1aanayake of te 1a#watte
(apter te 1ost Ven. Tibbotuwave $ri $i""arta $u!anga#a Tera, te subject of N,,)s
re#ations wit te U*,2 beca!e so sensitive, te !e"ia representatives were aske" to
wit"raw. -n ,ri"ay, @eerawansa an" a "e#egation fro! is party !et te 1aanayake of te
2!arapura Nikaya, te 1ost Ven. Davu#"ena $ri Gnanissara Tera.
1inister @eerawansa to#" te $un"ay Ti!es >a## te 1aanayakes wo! we !et ave given
teir asirva"a or b#essings. 7eginning ne+t week, we are #auncing a vi##age #eve# ca!paign to
e"ucate te pub#ic about our position an" te 8E point >refor! proposa#s.? @e wi## te## te
peop#e wy we ave taken up tis position an" if te nee" arises function as an in"epen"ent
group in te -pposition, e a""e".
To"ay, @eerawansa sai", e wi## #aunc a ca!paign tit#e" 2rtikayey Ga!an 1aga (te pat of
te econo!y) were (Ds of te procee"ings of te 1ay Day ra##y wi## be "istribute". Te
ca!paign wi## be #aunce" in (o#o!bo after e returns fro! 1atara were e wi## atten" te
Govern!ent)s Victory Day para"e.