Sunday, 06th July 2014
Monitoring MP for the Ministry of Foreign Affairs, Sajin de Vass Gunawardena in a comprehensive interview with The Sunday Leader reiterates that the government will ‘not permit countries with vested interest’ to pursue their agenda’s in Sri Lanka, maintaining that the UN Probe was a ‘totally arbitrary process designed and implemented for the benefit of the LTTE and its sympathizers.’
‘Any process that takes place must look at the entire period of the war and should take into consideration the loss of life and violations on all sides and it has to be done domestically,’ he added
Excerpts of the interview:
By Waruni Karunarathne
Q: The UN High Commissioner for Human Rights Navi Pillay announced last week that three experts, Martti Ahtisaari, Silvia Cartwright and Asma Jahangir have agreed to advise and support the team on an investigation of alleged human rights violations in Sri Lanka. But your Ministry maintains that the government will continue to oppose the investigation, going as far as to reject granting of visas to them. On what grounds is the rejection made?
A: This is not a decision that we have taken arbitrarily. We have had this consistent position from the inception of this process. We are a sovereign nation, we will not permit countries with vested interest to pursue their agendas. We are a country that has the will and the mechanisms that are required to address the issues that affect the polity of Sri Lanka.
Also be reminded that this was debated at length in Parliament and the GOSL obtained a majority to reject such intrusion into the internal affairs of Sri Lanka. There is also a contradiction in the resolution in itself, where Operative Clause 2 calls for a domestic inquiry and operative clause 10 calls for an international inquiry. As you are aware the Commission on Missing Persons is now steaming ahead with there work having received over 20,000 submissions. In my mind this falls under the category of Operative Clause 2.
Q: The United States and Britain had last week urged the Government to support the probe after the Navi Pillay’s announcement. What are the likely consequences of refusing these Member states?
A: Countries can request and urge but the final decision on this rests with the GOSL and Parliament of Sri Lanka. I think the USA and Britain have enough on their plate to sort out, Iraq for USA and the humiliating defeat of Britain at the EU last week etc. Also the USA, Britain and Sri Lanka shares the same independent sovereign status as countries, therefore I see no reason for consequences as you ask. Is it your view that Sri Lanka must accede to every request made by the USA and Britain?
What right do they have to do so? Should not it be the people of Sri Lanka who would decide this? On the aspect of support, the fact that over 20,000 submissions have been received by the Missing Persons Commission amply demonstrates the credibility of the process and the seriousness of the Commission in undertaking and completing the task entrusted to them. In turn what I would request the USA and Britain is to recognise this aspect.
Q: Asma Jehangir on Tuesday claimed that similar investigations have continued without State support and maintains that a refusal to cooperate will increase the difficulties for the government. How prepared is the government for such an eventuality?
A: I don’t think it applies to us, it is a totally arbitrary process designed and implemented for the benefit of the LTTE and its sympathizers. Any process that takes place must look at the entire period of the war and should take into consideration the loss of life and violations on all sides and it has to be done domestically. Show me one village in Sri Lanka (outside the North) where dead bodies have not gone during the war time.
Even to me personally my own maternal uncle and eight of his friends were blown sky high in the Wilpattu National Park in six anti tank and 15 johhny mines seven years ago, which was specifically laid out for them. This was the factual situation that people of Sri Lanka were faced with on both sides. Answering your question, if Asma Jehangir is in a position to hurl threats of that nature, “Increase difficulties for the government” she should elaborate on same and tell us what those difficulties are going to be and how she would be giving effect to them. If this is so, let’s close up the government, the legislature and the judiciary and let’s ask the appointed committee to run this country.
They are behaving and giving statements in such a manner. Based only on this and not taking other factors into consideration, the bias nature is amply visible. Our Country has faced difficulties from the time, we were invaded by the British and then the brutal terrorism that tore our nation and its people apart, but we have overcome all that.
We have overcome all that from the power of franchise, the power of the people, the people of this country will decide what is good for them, be it government or otherwise, we as a Government will bow our heads to any such decision taken by the people of this country. We have given 26 opportunities for the past 8 years to voice their decisions which they have done amply.
Q: She reiterates that the government will find it difficult to prevent the people from giving evidence before the investigative team. How do you plan to meet this situation?
A: What evidence are we talking about? Any inquiry that is taking place must be under a proper judicial process, the law of evidence must be applicable for same. Any person can go in front of a camera and say whatever that is required to satisfy there objectives. Does this mean that it is correct? What about the aspect of investigation, gathering of evidence, a judicial process. The investigative mechanism set up by the UNHRC is an arbitrary process that has absolutely no bearing to what I have just stated.
It is purely for cosmetic reasons to provide an impetus to the LTTE and its Diaspora. See the Darusman report in which they say that evidence was taken but locked away for 25 years in respect of what was stated and the identities. Then they expect prosecution from on our part. Identities withheld, evidence (so called) withheld and we are to prosecute. Can we do this??
This process by the UNHRC would be equivalent to a “Travelling Circus” as the committee is supposed to spend ten days in Northern America, seven days in United Kingdom, five days in Norway etcetc…. Thirty years of terrorism, hundreds of thousands affected on all sides, can this be done in the manner that UNHRC is now attempting to. Ask yourself the question.
Q: She adds that they will treat any report that they find to be of satisfactory levels to be an independent valid one. Would the government not be in a negative position by not cooperating?
A: This is exactly the point I have made in my previous answer to you in question 4. I don’t think I need to say any more on this, I have proven my point.
Q: Jehangir alludes to the fact that if visas are not granted they will communicate with those willing to give evidence in a country close by.
A: They can use Skype…………. Yahoo chat, Google chat…. So many ways.
Q: Pillay’s office claims that although some team members are still to arrive, the investigation is ‘now effectively underway’. How concerned are you of this situation?
A: Does not apply to us. It is their process and very clearly it is ultra vires viz a viz Sri Lanka.
Q: UN Assistant Secretary General for Political Affairs Oscar Fernandez Taranco is to prepare a report on his recent visit to Sri Lanka to the UN.
TNA who met with him, believes that issues such as the alleged ‘lack of powers vested in the Northern Provincial Council, militarization of the North and the absence of witness protection laws in Sri Lanka especially with the ongoing UN led investigation’ will feature in this report. How valid are these concerns?
A: Lack of Powers vested in the NPC! How different are the powers that all other PC’s have to that of the NPC? They are the same powers. If you would analyze the functioning of the PC’s you will see that out of 37 items of devolved items (concurrent list) 35 are being implemented excluding the police powers and the setting up of the Land Commission. In respect of land, already the PC’s have adequate powers in utilization of land.
The aspect of alienation of state land as decided by the Supreme Court of Sri Lanka in consistency with the Constitution of Sri Lanka rests with the President of the State. Even on the funding, the budgetary allocation given to the Northern Provincial Council for the year 2014, the NPC has received Rs. 78 Billion where as the Southern Provincial Council has only received Rs. 66 Billion.
The issue perhaps rests with the NPC trying to solve national issues and driving an “Eelam” agenda through the NPC rather than focusing on development that would benefit the people of the North. Militarization of the North is now almost nonexistent. There is a total civil administration in place with the NPC. Certain security strength is required in the area.
Don’t forget that 11,876 armed cadres who surrendered were released to society within three months. In the recent past, there have been certain elements that are trying to resurrect the LTTE. The speech given by Sri Dharan in Parliament recently is in itself an example of the threat that the country faces in respect of the resurgence attempts made.
On the Witness Protection Bill this I believe has been approved by the Cabinet of Ministers and is pending to be brought into the order paper of Parliament for debate. It is a matter of time for this to be adopted. Progress on these areas are done by the GOSL not taking into consideration the agendas and timeframe of external interested parties but based on the need for same within Sri Lanka and for its people.
Q: A concern raised by the TNA is witness protection for those willing to come forward and give evidence. How relevant is this concern?
A: Even under the current system in the country there is adequate protection provided, if you would only see the quantum of cases that is being prosecuted and the quantum of witnesses that participate in the process. The best recent example is the Tangalle case that is proceeding where the Court heard the statements of all the witnesses and I also read in the newspapers on the comments made by the Court on the matching of DNA evidence etc.
Therefore even now under the current laws there is adequate protection. However having said that in terms of modernization of the existing laws, the new Witness Protection Bill is to be taken up in Parliament for debate in the immediate future. This will address any issues or loopholes that exist.
Q: UNSG Ban Ki-moon also asks that Sri Lanka engage ‘constructively’ with the international community to strengthen the existing domestic processes in a manner that is inclusive and respectful of human rights. How do you respond to these concerns?
A: The statement made by the UNSG is very different from the UNHRC process and the international independent inquiry. He has requested that Sri Lanka “engage constructively” with the international community to strengthen the existing domestic processes. I think this is reasonable and fair.
We have been doing this right along. Despite the fact that we take positions on a case by case basis when it affects Sri Lanka we have been continuously engaging with the UNHRC and special rapporteurs, WGEID etc…… Therefore I think this is a welcome statement by the UNSG and from our perspective, we have no issues in having such interactions in strengthening the domestic processes.
From : http://www.thesundayleader.lk/2014/07/06/what-evidence/
