Midweek Review
Former OMP Chief now at BASL helm
By Shamindra Ferdinando
Editor of ‘Annidda’, Attorney-at-Law K.W. Janaranjana, in a piece in its Feb 21, 2021, edition that dealt with the election of Saliya Pieris, PC, as the President of the Bar Association of Sri Lanka (BASL), asserted that the government hadn’t made a special intervention in the contest.
The government hadn’t made political intervention, though a group of people, including the Secretary of the Sri Lanka Podujana Peramuna (SLPP), and its National List MP, and Attorney-at-Law Sagara Kariyawasam, made a bid to secure the backing of the government for Saliya’s rival. Such attempts made at the provincial level, too, failed to produce the desired results.
Saliya Pieris, who succeeded Kalinga Indatissa, PC, polled 5,093 votes at the election conducted on Feb 24. His rival, Kuvera de Zoysa, PC secured 2,797 votes. The winner secured a staggering 2,386 vote majority – just 321 short of the number of votes polled by De Zoysa.
Janaranjana, a leading member of the civil society grouping Purawesi Balaya, who played a significant role in the yahapalana political campaign, claimed that some of the lawyers who represented top government figures, too, backed Saliya Pieris. Emphasizing that all of them worked for Saliya’s victory, Janaranjana dismissed assertions that the victory achieved by Saliya Pieris was a severe debacle suffered by the Rajapaksas.
Janaranjana attributed the President’s Counsel’s victory to his commitment to the rule of law, independence of the judiciary and human rights throughout his legal career.
A battle between SLPP and Opp.
In spite of the government refraining from taking a stand, as pointed out by Janaranjana, the contest received unprecedented attention, with the lawyer electorate turning it into a battle between the SLPP government and the Opposition. Saliya Pieris, in an exclusive interview with Janaranjana, also published on the Feb 21, 2021 edition of Anidda, three days before the election, flayed the rival group. Pieris emphasized the responsibility, on the part of the BASL, to take a principled stand on contentious issues, regardless of the consequences. Pieris explained his public role since the arrest of High Court Judge Mahanama Tillekaratne, in 1998. Essentially, Pieris flayed the BASL for its failure to take up issues, such as the alleged attack on the Mannar Court by supporters of the then Minister Rishad Bathiudeen, during Mahinda Rajapaksa’s presidential term. However, Bathiudeen, leader of the All Ceylon Makkal Congress (ACMC), now represents the Samagi Jana Balavegaya (SJB).
Pieris also referred to the impeachment of Chief Justice, Shirani Bandaranayake 43, also during the previous Rajapaksa administration. However, there hadn’t been any reference at all to the BASL receiving Rs 2.5 mn sponsorship, in 2016, from disgraced Perpetual Treasuries Limited (PTL) in support of a high profile event conducted at a leading hotel, with the participation of the then Chief Justice, Attorney General, Solicitor General, the President and the Prime Minister. The BASL never explained why funds were obtained from PTL, despite its perpetration of Treasury bond scams, in Feb 2015, and March 2016.
The BASL should be also be seriously concerned about Hejaaz Hizbullah, a prominent lawyer arrested on April 14, 2020 over his direct involvement with the 2019 Easter Sunday attacks. Hizbullah was recently produced in court on a directive issued by Attorney General Dappula de Livera. The lawyer’s arrest, too, caused a sharp division among BASL members and contributed to the overwheming victory achieved by Pieris.
When the writer asked a lawyer, who voted for the winner, why he did so, he explained his position, on the condition of anonymity. The lawyer said: “Voted at the DC polling booth in Colombo. I didn’t vote last time. Lawyers preferred an anti-establishment candidate since the independence of the bar is paramount. On the other hand, lawyers detested hitherto unseen level of inducements being offered to win votes, as well as fabricated false accusations. Anonymous accusations and despicable strategies resulted in further revulsion towards the losing candidate. Unprecedented number of members turned up to ensure a resounding mandate to the winning candidate.
Saliya Pieris responds
The writer sought views of the newly elected BASL President as regards several issues.
(Q) What would be your priorities?
(A) Securing the rights of lawyers in the profession; making a positive impact on issues pertaining to the rule of law, independence of the judiciary and protection of fundamental rights; supporting juniors in the profession and supporting the welfare of the membership.
(Q) You served as first Chairman, OMP (Office of Missing Persons), an apparatus set up in terms of the 2015 Geneva Resolution. GoSL in March 2020
quit the Geneva process. What can BASL do to address accountability issues, both during the conflict and the post war period?
(A) The role of the BASL is different from the OMP. As I have stated, upholding the rule of law, the independence of the judiciary will be a priority. All domestic institutions which address these issues must be independent so that the people who seek relief from them trust these institutions and have confidence in them.
(Q) You secured well over 2000 votes than your rival. How do you intend to win the confidence of those who voted against you?
(A) I have received support from lawyers, across the country and from every community and area. My support cut across all lines, be it party, race, religion or area. On the very day of the announcement of my election, I reached out to all those members who did not vote for me and will continue to.do so. At the same time, I am sure that the members who voted otherwise at the elections will work with me for the betterment of the bar.
(Q)What would you do to prevent deaths in police custody?
(A) Police torture and deaths in custody affect the rule of law and should be condemned. There must be zero tolerance. The Bar must carefully examine these issues and, if needed, lobby the government to ensure fair investigations and that the perpetrators are punished.
(Q) What is your stand on implementation of death penalty and presidential pardon?
(A) These have not been discussed at the Bar Council as yet. My personal view is that I am opposed to the implementation of the death penalty. On presidential pardons, I am of the view that the power of pardon must not be used unreasonably, and must be done by taking into account several factors including the nature of the crime and the views of the aggrieved party.
Let me remind the readers of nine previous BASL Presidents, before Saliya Pieris, who won the presidency: Desmond Fernando, PC (2005 – 2006), Nihal Jayamanne, PC (2006 – 2008), W. Dayaratne, PC (2008 – 2010), Shibly Aziz, PC (2010 – 2012), Wijeyadasa Rajapakshe, PC (2012 – 2013), Upul Jayasuriya, PC (2013 – 2015), Geoffrey Alagaratnam, PC (2015 – 2017), U. R. De Silva, PC (2017 – 2019) and Kalinga Indatissa, PC (2019 – 2021).
Of those 17,200 eligible to vote at the Feb. 24 election, approximately 8,000 voted, though usually only about 6,500 voted in previous years. In other words, nearly 47 per cent chose not to participate in the process.
Who betrayed the country?
Janaranjana discussed how the rival camp depicted Saliya Pieris as a person who betrayed the country by being involved in a treacherous international conspiracy to undermine the armed forces. According to Janaranjana, the rival camp exploited social media and other propaganda means to depict Saliya Pieris as a traitor whose election would lead to the division of the country, on ethnic lines. Janaranjana pointed out how the unprecedented victory achieved by Saliya Pieris proved the failure of the rival camp’s strategy.
Against the backdrop of unsubstantiated allegations, directed at Saliya Pieris, as regards his role as the Chairman of the OMP, it would be pertinent to examine the failure on the part of the BASL to genuinely address accountability issues related to Sri Lanka’s war against the Liberation Tigers of Tamil Eelam (LTTE). The OMP was one of the four mechanisms established in terms of the controversial resolution 30/1 ‘Promoting reconciliation, accountability and human rights in Sri Lanka.’ The four apparatuses are (i) A hybrid judicial mechanism with a Special Counsel to investigate allegations of violations and abuses of human rights and violations of international humanitarian law (ii) A Commission for truth, justice, reconciliation and non-recurrence (iii) An Office for Missing Persons and (iv) and Office for Reparations.
The previous UNP-SLFP administration established the first permanent official body, tasked with tracking down missing persons, in terms of Act No. 14 of 2016. This was done in line with one of the recommendations in the 2015 UNHRC Resolution co-sponsored by the Government of Sri Lanka. Due to political turmoil, the government was able to establish the OMP two years after the Act was passed. The OMP initiated ‘operations’ in May 2018 with members visiting Mannar to meet the families of those disappeared in that District.
The OMP’s mandate, according to Part II Section 10 of the Office on Missing Persons Act, No. 14 of 2016:
(a) To search for and trace missing persons and identify appropriate mechanisms for the same and to clarify the circumstances in which such persons went missing;
(b) To make recommendations to the relevant authorities towards addressing the incidence of missing persons;
(c) To protect the rights and interests of missing persons and their relatives as provided for in this Act.
(d) To identify avenues of redress to which missing persons and relatives of missing persons are entitled to, and to inform the missing person (if found alive) or relative of such missing person of same.
(e) To collate data related to missing persons obtained by processes presently being carried out, or which were previously carried out, by other institutions, organizations, Government Departments and Commissions of Inquiry and Special Presidential Commission of Inquiry and centralize all available data within the database established under this Act.
(f) To do all such other necessary things that may become necessary to achieve the objectives under the Act.
Saliya Pieris received the appointment as Chairman, OMP on May 1, 2018. The civil society activist quit the Human Rights Commission of Sri Lanka (HRCSL) to take the leadership of the OMP. The outfit comprised Saliya Pieris, PC, Ms. Jayatheepa Punniyamoorthy, Major General (Rtd.) Mohanti Antonette Peiris, Sriyani Nimalka Fernando, Mirak Raheem, Somasiri K. Liyanage and Kanapathipillai Venthan.
The now defunct Constitutional Council picked the OMP members. The then President Maithripala Sirisena finalized their appointments. It would be pertinent to mention that OMP member Mirak Raheem had been a member of the Consultation Task Force on Reconciliation Mechanisms (CTFRM), headed by Attorney-at-Law Manouri Muttetuwegama. The outfit called for full participation of foreign judges in the proposed inquiry.
OMP’s intervention helps Lanka
The then Joint Opposition campaigned both in and outside the OMP, alleging the outfit would pave the way for unprecedented international scrutiny of the war-winning armed forces. However, thanks to OMP’s intervention, Sri Lanka was able to disapprove the high profile accusations, pertaining to the Mannar mass graves. Whatever the accusations, the OMP helped Sri Lanka to counter an extremely serious allegation raised in the run-up to the March 2019 Geneva sessions by UN human rights Chief Michelle Bachelet.
Bachelet served as the Chilean President for nine years, beginning 2006. Bachelet had been in an indecent hurry to pressure Sri Lanka over accountability issues and she blindly blamed the Mannar mass graves on the Sri Lanka Army before a leading US lab, contacted by the OMP, tested the bones and found them to be several centuries old and belonged to the colonial period. Unfortunately, the then government never bothered to further examine the Mannar mass graves case as part of an overall investigation into unsubstantiated allegations. In fact, Sri Lanka never properly examined the campaign conducted by interested parties to undermine post-war Sri Lanka.
President Mahinda Rajapaksa’s government brought the war to a successful conclusion in May 2009. Wartime disappearances are certainly politically sensitive issues, exploited by political parties here, as well as various other interested parties.
The scientific findings of Beta Analytic Institute of Florida, USA, in respect of samples of skeletal remains, sent from the Mannar mass grave site, quite upset the Tamil National Alliance (TNA). TNA appointed then Northern Province Chief Minister C.V. Wigneswarn rejected the US findings. Michelle Bachelet went to the extent of commenting on the Mannar mass grave in her report that dealt with the period from Oct 2015 to January 2019.
The following is the relevant section bearing No 23 from Bachelet’s report: “On May 29, 2018, human skeletal remains were discovered at a construction site in Mannar (Northern Province), Excavations conducted in support of the Office on Missing Persons, revealed a mass grave from which more than 300 skeletons were discovered. It was the second mass grave found in Mannar following the discovery of a site in 2014. Given that other mass graves might be expected to be found in the future, systematic access to grave sites by the Office, as an observer, is crucial for it to fully discharge its mandate, particularly with regard to the investigation and identification of remains, it is imperative that the proposed reforms on the law relating to inquests, and relevant protocols to operationalize the law be adopted. The capacity of the forensic sector must also be strengthened, including in areas of forensic anthropology, forensic archaeology and genetics, and its coordination with the Office of Missing Persons must be ensured.”
Disappearance of Ekneligoda
However, Sri Lanka cannot ignore the issue as disappearances took place during successive governments. Disappearances took place during the conflict and also in the post-war period. The disappearance of media personality Prageeth Ekneligoda on the eve of the 2010 January presidential election, is a case in point. The failure on the part of Sri Lanka to address Ekneligoda disappearance increased international pressure on Sri Lanka. The government owed an explanation as regards the media personality’s disappearance over a decade ago. There cannot be any rationale in blanket denial of accusations. In fact, efforts to deceive the public, and the international community in respect of perhaps isolated cases such as the Ekneligoda disappearance had facilitated the high profile Western strategy meant to subvert Sri Lanka on unsubstantiated war crimes allegations.
With Saliya Pieris at the helm of the BASL, it can certainly play a significant role in Sri Lanka’s effort to ascertain the truth. The new BASL Chief, with valuable experience as a member of the HRCSL as well as the Chairman, OMP, can undertake a thorough examination of events/developments leading to the final confrontation between the Army and the LTTE on the banks of the Nanthikadal lagoon, in the Mullaitivu district, on the morning of May 19, 2009. The BASL had been largely silent on the Geneva issue though one of its high profile members, TNA lawmaker M.A. Sumanthiran, declared, in mid-2016, the acceptance of foreign judges in local war crimes investigation mechanisms. The declaration was made in Washington in the presence of the then Sri Lanka’s Ambassador there Prasad Kariyawasam. The Foreign Ministry remained conveniently silent on the issue. In August 2017, Kariyawasam received the appointment as the Foreign Secretary, whereas President Sirisena brought in Tilak Marapana, PC, and a one-time Attorney General as the Foreign Minister. Marapana, too, followed the UNP strategy. The UNP-led government turned a blind eye to the UK House of Lords disclosure on Oct 12, 2017 how the British government suppressed confidential dispatches from its Defence Advisor in Colombo Lt. Col. Anthony Gash (Jan-May 2009). The UK, now leading the Sri Lanka Core Group targeting the country in Geneva, in the absence of the US, continues to shamelessly suppress dispatches, pertaining to Sri Lanka, as the disclosure of such would jeopardize the Western campaign against the country.
Perhaps the appointment of Saliya Pieris couldn’t have taken place at a better time for the country. The respected lawyer received the BASL leadership, the day Foreign Minister Dinesh Gunawardena responded to Michelle Bachelet’s damning report. The writer is of the opinion that Minister Gunawardena, in his speech, should have requested Michelle Bachelet, as well as the 47-members of the UNHRC, to re-examine all available evidence, information and data. Minister Gunawardena should have formally requested the UK, a member of the UNHRC, to disclose all such dispatches sent by Gash to London. The UK released only a section of heavily censored dispatches, following the unprecedented intervention made by Conservative Party veteran Lord Naseby. Sri Lanka pathetically failed to exploit Gash dispatches in spite of Lord Naseby raising the issue, ahead of the Geneva sessions. Let me reproduce the relevant question raised by Lord Naseby and the response received.
Lord Ahmad of Wimbledon, the Foreign, Commonwealth and Development Office, on Feb 16, 2021, told Parliament that the UK Government had not received any request from the Geneva Council for copies of dispatches written by the former defence attaché at the British High Commission in Sri Lanka Gash about events in Sri Lanka related to the civil war, and had not provided any.
Lord Ahmad was responding to Lord Naseby’s query raised on Feb 4, 2021, whether the UK government provided to UNHRC any (1) censored, and (2) uncensored, copies of dispatches from Lieutenant Colonel Gash, the former defence attaché of the British High Commission in Sri Lanka about events in that country between 1 January and 18 May 2009, relating to the civil war.
Unfortunately, Sri Lanka for some strange reason, refrained from raising the the US disclosure, in 2011, that battlefield executions didn’t take place, or confidential UN report that contradicted the main Geneva accusation the military massacred 40,000 civilians.
Perhaps, the BASL, under its new leadership, can examine the whole gamut of issues, with the focus on the UNSG’s Panel of Experts (PoE) report (March 31, 2011) that prevented examination of unsubstantiated war crimes allegations on the basis of which Sri Lanka co-sponsored the 2015 Geneva resolution. According to the PoE (paragraph 23, titled Confidentiality of the Panel’s records), the examination of unsubstantiated allegations wouldn’t be allowed till 2031 in terms of the UN directive. Even after the 20-year period of classification as confidential records, those unsubstantiated allegations wouldn’t be examined without a declassification review. Let us hope the BASL undertakes a thorough study on accountability issues. Pieris, is certainly the most qualified to lead the inquiry.
Midweek Review
A victory that can never be forgotten
The country is in deepening turmoil over the theft of USD 2.5 mn from the Treasury. The Treasury affair has placed the arrogant NPP in an embarrassing position. The controversial release of 323 red-flagged containers from the Colombo Port, in addition to two carrying narcotics and the coal scam that forced Energy Minister Kumara Jayakody to resign, has eroded public confidence though the NPP pretends otherwise.
Suspicious deaths of a Finance Ministry official, suspended over the Treasury heist of USD 2.5 million, and ex-SriLankan Airlines CEO Kapila Chandrasena shouldn’t distract the government and the Opposition from marking victory over terrorism.
But, the country, under any circumstances, shouldn’t forget to celebrate Sri Lanka’s greatest post-independence achievement. Dinesh Udugamsooriya, a keen follower of conflict and post-Aragalaya issues, insists that those who cherish the peace achieved should raise the national flag in honour of the armed forces.
The armed forces paid a huge price to preserve the country’s unitary status. Those who represent Parliament and outside waiting for an opportunity to return to Parliament must keep in their minds, unitary status is non-negotiable, under any circumstances, and such efforts would be in vain.
By Shamindra Ferdinando
Sri Lanka celebrates, next week, the eradication of the bloodthirsty separatist Liberation Tigers of Tamil Eelam (LTTE) as a conventional threat to the survival of this nation, at least in our hearts, even if the authorities dampen any celebrations. The armed forces brought the war to a successful conclusion on 18 May, 2009. The body of undisputed leader of the LTTE, Velupillai Prabhakaran, was found on the banks of the Nanthikadal lagoon, on the morning of 19 May, less than 24 hours after the ground forces declared the end of operations in the Vanni theatre.
The LTTE’s annihilation is Sri Lanka’s greatest post-independence achievement. Whatever various interested parties, pursuing different agendas say, the vast majority of people accept the eradication of the LTTE’s conventional military capacity as the armed forces’ highest achievement.
Sri Lanka’s triumph cannot be discussed without taking into consideration how the Indian-trained LTTE, who also went on to fight the New Delhi’s Army deployed here, in terms of the Indo-Lanka Peace Accord, signed in July, 1987, giving it an unforgettable hiding. The Indian misadventure here cost them the lives of nearly 1,500 officers and men. Just over a year after the Indian pullout, in March, 1990, the LTTE assassinated Rajiv Gandhi who, in his capacity as the Prime Minister, deployed the Indian Army here. But India launched the Sri Lanka destabilisation project during Indira Gandhi’s premiership.
Western powers, the now decimated United National Party (UNP), Janatha Vimukthi Peramuna (JVP), and an influential section of the media, propagated the lie that the LTTE couldn’t be defeated. But, the United People’s Freedom Party (UPFA), under President Mahinda Rajapaksa’s resolute leadership, sustained a nearly three-year long genuine sustained offensive that brought the entire Northern and Eastern regions back under government control.
The UNP relentlessly hindered the war against the LTTE. UNP leader Ranil Wickremesinghe, hell-bent on undermining the military campaign, had no qualms in questioning the military strategy. The former Prime Minister went to the extent of sarcastically questioning the culmination of the military campaign in the East with the capture of Thoppigala (Baron’s cap) in the second week of July, 2007, calling it just a rock outcrop with no significance. Believing the military lacked the strength to continue with the campaign, Wickremesinghe publicly ridiculed the Thoppigala success. The then Brigadier Chagie Gallage, the pint-sized human dynamo, provided critical leadership to the highly successful Eastern campaign that deprived the LTTE the opportunity to compel the armed forces to commit far larger strength to the region. We clearly recall how he went to announce the prized capture from his forward base, that afternoon, driving his own jeep, dressed as a soldier wearing a cap, with his second in command seated by his side, obviously not to fall victim to any sniper hiding in the surrounding jungles.
The likes of Ravi Karunanayaka, Lakshman Kiriella, Dr. Rajitha Senaratna and the late Mangala Samaraweera demeaned such successes by contributing to a vicious political campaign that dented public confidence in the armed forces. Then Lt. General Sarath Fonseka’s Army needed a massive boost, not only to sustain the relentless advance into the enemy territory, but to hold onto and stabilise areas brought under government control. But the viciousness of these critics were such that Samaraweera had the gall to say that Fonseka was not even fit to lead the Salvation Army.
The Opposition campaign was meant to deter the stepped up recruitment campaign that enabled the Army to increase its strength from 116,000 to over 205,000 at the end of the campaign. In spite of disgraceful Opposition attempts to cause doubts, regarding the military campaign among the public, with backing from Western vultures, who were all for LTTE success, the Rajapaksa government maintained the momentum.
President Rajapaksa had a superb team that ensured the government confidently met the daunting challenge. That team included Defence Secretary Gotabaya Rajapaksa, Vice Admiral Wasantha Karannagoda, Lt. General Sarath Fonseka, Air Marshal Roshan Goonetileke and the then Chief of National Intelligence (CNI) Maj. General Kapila Hendawitharana. There were also the likes of Rear Admiral Sarath Weerasekera, who returned from retirement to transform the once ragtag Home Guards into a worthy back-up to the military, as the Civil Defence Force, at critical places/junctures.
The then Governor of the Central Bank, Ajith Nivard Cabraal, played a significant role in overall government response to the challenge. The then presidential advisor MP Basil Rajapaksa’s role, too, should be appreciated and Prof. Rajiva Wijesinghe as well as Minister Mahinda Samarasinghe contributed to counter the false propaganda campaigns directed at the country. Whatever the shortcomings of the Mahinda Rajapaksa-led UPFA may have had, the armed forces couldn’t have succeeded if the resolute political leadership he provided, with his team of brothers, failed both in and outside Parliament. That is the undeniable truth.
During the 2006-2009 campaign, the UNP twice tried to defeat the UPFA Budget, thereby hoping to bring the war to an abrupt end. Th utterly contemptible move to defeat the UPFA Budget ultimately caused a split in the JVP with a section of the party switching its allegiance to President Rajapaksa to save the day.
Amidst political turmoil and both overt and covert Western interventions, the armed forces pressed ahead with the offensive. It would be pertinent to mention that the Vanni campaign began in March, 2007, a couple of months before the armed forces brought the eastern campaign to an end.
Vanni campaign
The Army launched the Vanni campaign in March, 2007. The 57 Division that had been tasked with taking Madhu, and then proceeding to Kilinochchi, faced fierce resistance. The principal fighting Division suffered significant casualties and progress was slow. An irate Fonseka brought in Maj. Gen. Jagath Dias as General Officer Commanding (GoC) of the 57 Division to advance and consolidate areas brought under control.
The Army expanded the Vanni campaign in September, 2007. The Task Force 1 (later 58 Division) launched operations from the Mannar ‘rice bowl’. Fonseka placed Gallage in command of that fighting formation but was replaced by the then Brigadier Shavendra Silva, as a result of a medical emergency.
The Army gradually took the upper hand in the Vanni west while the LTTE faced a new threat in the Vanni east with the newly created 59 Division, under Brigadier Nandana Udawatta, launching offensive action in January, 2008. Having launched its first major action in the Weli Oya region, that Division fought its way towards Mullaitivu, an LTTE stronghold since 1996.
The 53 (Maj. Gen. Kamal Gunaratne) and 55 (Brig. Prasanna Silva) Divisions, deployed in the Jaffna peninsula, joined the Vanni offensive, in late 2008, as the TF 1 fought its way to Pooneryn, turned right towards Paranthan, captured that area and then hit Elephant Pass and rapidly advanced towards Kilinochchi. The TF 1 and 57 Division met in Kilinochchi and the rest is history.
Once the Army brought Kilinochchi under its control, in January, 2009, the LTTE lost the war. The raising of the Lion flag over Kilinochchi meant that the entire area, west of the Kandy-Jaffna A9 road, had been brought under government control. By then the LTTE had lost the sea supply route, between Tamil Nadu and Mannar region. The LTTE was surrounded by several fighting formations in the Vanni east while the Navy made an unprecedented achievement by cordoning off the Mullaitivu coast that effectively cut them off on all sides.
During the final phase of the naval action, they captured Sea Tiger leader Soosai’s wife, Sathyadevi, and her children Sivanesan Mani Arasu and Sivanesan Sindhu. Spearheaded by the elite Fourth Fast Attack Flotilla, the Navy conducted a sustained campaign, with spectacular success in the high seas, and, by late 2008, the Navy dominated the waters around the country.
The sinking of floating LTTE warehouses, with the intelligence provided by the Directorate of Military Intelligence (DMI) and the US Pacific Command, after the Americans decided to speed up the inevitable, and a campaign, directed at operations across the Palk Strait, weakened the LTTE. By early January, 2009, the LTTE had lost its capacity to carry out mid-sea transfers, and the use of Tamil Nadu fishing trawlers to bring in supplies, and it was only a matter of time before the group surrendered or faced the consequences.
Although Tamil Diaspora still believed in the LTTE launching a massive counter attack on the Vanni east front and the Tamil National Alliance (TNA), under the leadership of the late R. Sampanthan, worked hard to halt the offensive, President Rajapaksa declared that the offensive wouldn’t be called off. President Rajapaksa had the strength to resist the combined pressure brought on him by the West and the UN until the armed forces delivered the final blow.
The despicable efforts made by US Secretary of State Hillary Clinton to block IMF funding for Sri Lanka is in the public domain. Clinton was obviously trying to please the Tamil Diaspora. The US made that attempt as the ground offensive was on the last phase against the backdrop of the international community suspending relief supply ships to Puthumathalan.
The IMF provided the much required funding to Sri Lanka, regardless of Clinton’s intervention.
A targeted assassination
The Air Force conducted a strategic campaign against the LTTE while providing support to both the Army and the Navy. Despite limited resources, the Air Force pulverised the enemy and high profile target assassination of S.P. Thamilselvan, in his Kilinochchi hideout, in early November, 2007, shook the LTTE leadership. The deployment of a pair of jets (Kafir and MiG 27), on the basis of intelligence provided by the DMI and backed by UAV footage, to carry out a meticulous strike on Thamilselvan’s Kilinochchi hideout, caused unprecedented fear among the LTTE.
Current Defence Secretary, Sampath Thuyakontha, in his capacity as the Commanding Officer of No 09 Squadron, played a vital role in action against the LTTE. Thuyakontha earned the respect of all for landing behind enemy lines in support of LRRP (Long Range Reconnaissance Patrol).
As the Army advanced on the Vanni east front, thousands of LTTE cadres gave up their weapons, threw away their trade mark cyanide capsules and surrendered. Their defences crumbled and even hardcore cadres surrendered, regardless of the warning issued by Prabhakaran. By the time the armed forces concluded clearing operations, over 12,000 LTTE cadres were in government custody. Although those who couldn’t stomach Sri Lanka’s victory over the LTTE propagated lies regarding the rehabilitation programme, the ordinary Tamil people appreciated the project.
C.V. Wigneswaran, in his capacity as the Chief Minister of the Northern Province, called for a US investigation into the death of ex-LTTE cadres in government custody. The retired Supreme Court judge sought to consolidate his political power by alleging the Army executed surrendered men by injecting them with poison. The then Yahapalana government failed to take action against Wigneswaran who claimed over 100 deaths among ex-combatants.
Instead of initiating legal action, the war-winning Rajapaksa government rehabilitated them. Even after the change of government, in 2015, the rehabilitation project continued. Almost all of them had been released and, since the end of war, the members of the defeated LTTE never tried to reorganise, though some Diaspora elements made an attempt.
The LTTE’s demise brought an end to the use of child soldiers. Those who demand justice for Tamils, killed during the war, conveniently forget that forcible recruitment of children, by the LTTE, also ended in May, 2009. Struggling to overcome severe manpower shortage, amidst mounting battlefield losses, the LTTE abducted Tamil children, from the early ’90s, to be press-ganged into their cadre.
Although the UN and ICRC sought a consensus with the LTTE, way back during Chandrika Bandaranaike Kumaratunga’s tenure as the President, to cease forced recruitment of children, they couldn’t achieve the desired results. The much publicised UN-ICRC projects failed. The LTTE continued with its despicable abduction of children. The LTTE never stopped child recruitment and, depending on the ground situation, it carried out forced recruitment drives. The signing of the Norwegian arranged Ceasefire Agreement (CFA), too, failed to halt forced child recruitment.
The Darusman report that accused the military of killing over 40,000 civilians during the last phase of the war revealed that the LTTE tried to recruit children as it was about to collapse.
The TNA, or any other like-minded group here or abroad, never urged the LTTE to give up civilian shields and stop recruiting children, though they realised Prabhakaran could no longer change the outcome of the war. Norway, and those who still believed in a negotiated ‘settlement’ in a bid to prevent the annihilation of the group, desperately tried to convince Prabhakaran to give up civilian shields.
A note, dated February 16, 2009, sent to Basil Rajapaksa, by Norwegian Ambassador Tore Hattrem, expressed concern over the fate of those who had been trapped in the Vanni east. Hattrem’s note to Basil Rajapaksa revealed Norway’s serious concern over the LTTE’s refusal to release the civilians.
The following is the Norwegian note, headlined ‘Offer/Proposal to the LTTE’, personally signed by Ambassador Hattrem: “I refer to our telephone conversation today. The proposal to the LTTE on how to release the civilian population, now trapped in the LTTE controlled area, has been transmitted to the LTTE through several channels. So far, there has been, regrettably, no response from the LTTE and it doesn’t seem to be likely that the LTTE will agree with this in the near future.”
In the aftermath of the Anandapuram debacle in the first week of April, 2009, the LTTE lost its fighting capacity to a large extent. The loss of over 600 cadres marked the collapse of the organisation’s conventional fighting capacity.
The LTTE sought an arrangement in which it could retain its remaining weapons and start rebuilding the group again. President Rajapaksa emphasised that only an unconditional surrender could save the group’s remaining cadre. The President refused to recognise an area under the LTTE’s control. The CFA, signed by Wickremesinghe and Prabhakaran, in February, 2002, recognised a vast area under the LTTE control. The CFA gave unparalleled recognition to the terrorist group and that was exploited by them to the hilt.
NPP’s dilemma
During his controversial May Day address this year, President Anura Kumara Dissanayake declared that only the armed forces and police could carry arms. Dissanayake warned that no one else could retain weapons.
President Dissanayake’s declaration is of pivotal importance as the armed forces and police twice crushed JVP-led insurgencies, in 1971 and 1987-1990. Dissanayake is the leader of the JVP and the NPP, two political parties recognised by the Election Commission.
Dissanayake, who is also the Minister of Defence and Commander-in-Chief of the armed forces, caused controversy last year when the government announced that the President wouldn’t attend the 16th annual war heroes’ commemoration ceremony at War Heroes’ Memorial, in Sri Jayawardenepura Kotte.
That announcement triggered massive backlash. The government rescinded its earlier decision. Having received an unprecedented endorsement from the northern and eastern electorates, both at presidential and parliamentary polls in September and November, 2024, respectively, President Dissanayake seemed to have been somewhat reluctant to join the national celebration.
Yahapalana leaders President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe succumbed to Tamil Diaspora and Western pressures to do away with the 2016 annual armed forces Victory Day parade. That treacherous move followed them betraying the war-winning armed forces at the Geneva-based United Nations Human Rights Council (UNHRC) in October, 2015.
They co-sponsored accountability resolution, introduced by the US in terms of an understanding with the LTTE’s sidekick. Sirisena and Wickremesinghe forgot that the TNA recognised the LTTE as the sole representative of the Tamil speaking people, in 2001, thereby setting the stage for Eelam War IV. Sampanthan’s outfit, the Illankai Thamil Arasu Kadchi (ITAK)-led TNA, showed its true colours when it joined the UNP-JVP led initiative to defeat Mahinda Rajapaksa. Having accused the war-winning Army Commander, Sarath Fonseka, of unpardonable war crimes, the TNA, along with the UNP-JVP combine, backed Fonseka at the 2010 presidential election. The South rejected Fonseka and he lost the race by a staggering 1.8 mn votes which late JVP leader Somawansa Amarasinghe foolishly called a computer ‘jilmart’, a newly coined word of our fake Marxists. Fonseka’s indefensible declaration, in the run-up to the 2010 presidential election that the celebrated 58 Division executed surrendered LTTE cadres, didn’t do him any good. President Rajapaksa never explained why the US’ unofficial contradiction of Fonseka’s claim was never used cleverly to counter unsubstantiated war crimes allegations, along with Lord Naseby disclosures made in October, 2017.
Sri Lanka’s failure to properly defend the armed forces is nothing but an insult to them. They saved the country from the JVP twice, and Indian trained over half a dozen terrorist groups, finally bringing the largest and the deadliest of them, the LTTE, down to its knees, on the banks of the Nanthikadal lagoon.
The armed forces shouldn’t hesitate to remember their glorious victory over terrorism. Since the change of government in September, 2024, the armed forces refrained from at least mentioning their battlefield achievements. At the last Independence Day, the armed forces shockingly mentioned their role in the Ditwah cyclone recovery efforts as their main achievement, to please the political masters, who themselves have been lackeys of the West, while outwardly professing to be Marxists, the latter line they have already conveniently dropped for all purposes. The armed forces shouldn’t play NPP politics but explain the situation to the current dispensation. The failure on the part of armed forces to erase their proud achievements against terrorism, out of their press releases/narratives, look rather stupid.
Midweek Review
A Novel, a Movie and a Play
Drawing a Thread through Loss and Creativity in Shakespeare’s Life
William Shakespeare [1556-1616] is generally regarded as the greatest playwright and poet in the English language. Notwithstanding the universal appeal and the timelessness of his work, very little is known about his inner-self. Despite his profound understanding of the human condition, evident in his remarkable works of drama and poetry, the origin of his psychological insights – formed long before formal theories of the mind emerged – remain unknown, often loosely ascribed to an innate gift. The thematic and philosophical dimensions of his work are often said to be influenced by the classics of the ‘ancient world’ such as Ovid’s Metamorphosis.
The bestselling novel, Hamnet, by Maggie O’Farrell is a confluence of fact and fiction. The award-winning movie, by the same name, is an adaptation of the novel, its screenplay co-written by Maggie O’Farrell and Chloe Zhao, the director. The central theme of the novel and the movie is the devastating impact of the death of Shakespeare’s son, Hamnet, in 1596, at an early age of eleven, and the sensitive portrayal of the grieving process of the family, inviting the audience to reflect on the proposition that Shakespeare channelled his personal grief into writing Hamlet, the play, four years later.
Mourning and melancholy take centre stage in Hamlet prompting a probable link between William Shakespeare’s own emotional world and his artistic imagination. Interestingly, the names Hamnet and Hamlet were used interchangeably during the Elizabethan era, adding weight to the speculation.
The movie matches the imaginative and descriptive brilliance of the novel. The narrative unfolds against the backdrop of Stratford-upon-Avon and its environs and its inhabitants of Elizabethan England, finally shifting to London and the Globe Theatre. The film won eight nominations at the 98th Academy Awards, including best picture, best director for Zhao, and best actress for Jessie Buckley, who immortalises Anne Hathaway, [‘Agnes’] Shakespeare’s wife, through whom the real face of family grief is portrayed. Shakespeare [nameless] remains ‘silent’ and virtually ‘back-stage’ in London preoccupied with the playhouse, the players and the plays.
Many Shakespeare scholars have speculated about a probable link between the death of Hamnet Shakespeare and the writing of Hamlet, his Magnum Opus:
“No one can say for certain how the death of Shakespeare’s son affected him, but it is hard not to notice that in the years following Hamnet’s death Shakespeare wrote a play obsessed with fathers and sons, grief, and the persistence of the dead.” [James Shapiro]
“Hamnet’s death must have been a devastating blow…..and the shadow of that loss may well lie behind the profound meditations on mortality in Hamlet.” [Park Honan]
“The death of Hamnet is the most plausible personal event to have touched Shakespeare deeply in these years, and it is tempting to hear an echo of that loss in the grief that permeates Hamlet.” [Germaine Greer]
That echo is clearly heard in Act 4, scene 5 in Hamlet:
He is dead and gone, lady,
He is dead and gone;
At his head a grass-green turf,
At his heels a stone.
Yet, in the play, a son loses his father, and the circumstance of the loss is different. Hamlet mourns the sudden death of his father, king Hamlet, he idolised. The young prince is faced with a complex emotional challenge as the late king’s brother, Claudius, usurper to the throne, marries the widowed queen, denying the young prince of his lawful right to sovereignty. The process of mourning is weighed down by the profound significance of the personal loss to the prince and being bereft of any trusting relationships to share his grief – mourning turning to melancholy.
Shakespeare’s greatest tragedy, Hamlet, has gained unremitting interest of audiences, universally over four hundred years, and has been open to divergent appraisal. Any commentary on the play without an exploration of the psyche of its protagonist, prince Hamlet, would be as the popular cliché goes, ‘like Hamlet without the prince of Denmark!’ Hamlet is the longest of all Shakespearean plays, with the least amount of action, but with the most amount of spoken word, mainly by prince Hamlet, which includes his soliloquies [solo locution: self-discourse] that opens the door to his inner self, inviting in by Hamlet himself: “pluck out the heart of my mystery”.
In the first of his soliloquies, Hamlet reveals his affliction with melancholy. He describes the world as worthless, wishes he is dead, contemplates suicide but regrets that God does not sanction such self-destruction. “O, that this too too solid flesh would melt/ Thaw and resolve itself into dew/ O, that the Everlasting had not fixed/ His cannon ‘gainst self-slaughter. O, God, God/ Seem to me all the uses of this world!’
Hamlet’s anguish is expressed as: ‘This goodly frame, the earth’ is no more than a ‘Sterile promontory’; ‘this majestical roof fretted with golden fire’; the heavens, ‘a foul and pestilent congregation of vapours’; and man, ‘the paragon of animals’, a quintessence of dust’, his mind ‘an unweeded garden/ That grows to seed.’ – Hamlet’s melancholic thought with depressive and nihilistic content expressed in philosophical terms.
But his anguish is best depicted in his fourth soliloquy [Act 3, Scene1] arguably, the most quoted piece of verse in all Shakespeare: ‘To be, or not to be’ – about life and death. He questions, ‘whether ‘tis nobler in the mind to suffer/ The slings and arrows of outrageous fortune/ Or take arms against a sea of troubles/ and by opposing, end them’. What happens after death? Is it a peaceful sleep or nightmare? Do we end our miseries by putting ourselves to the ‘quietus’ with a dagger, and enter that ‘undiscovered country’ from which ‘no traveller returns’, or put up with our problems? ‘Conscience makes cowards of us all’ and make us procrastinate.
In his soliloquies Hamlet reveals his affliction with melancholy. He wishes that his body would melt away, describes the world as worthless and contemplates suicide – negative cognitions about the self, the environment and the future, characteristic of severe mood disturbance – but regrets that God does not sanction such self-destruction.
********
Grief is a universal human experience following loss, characterised by sadness, at times mixed with anger and guilt, and frequently transient in nature. Depending on the perceived significance [‘meaningfulness’] of the loss and the absence of a sharing or confiding relationship, grief may become prolonged, with a potential to become pathological.
In a seminal paper published in 1917, Sigmund Freud [1856 – 1939], argued that there are two different responses to loss – ‘Mourning and Melancholia’. His contribution remains the basis for understanding unconscious grief in psychoanalytic thought.
Freud describes mourning as a natural way to respond to losing something or someone significant. It is a transitory process, potentially transforming, albeit painful. In mourning the loss of a loved one, the bereaved gradually withdraws the emotional energy – ‘libido’ – from ‘the lost object’, and the emotional investment is redirected to an ‘alternate object’ or pursuit. Throughout this process the ‘self’ remains intact, allowing the person to heal by integrating the loss into life. In psychology, this process in which a person unconsciously redirects unacceptable or distressing impulses into socially acceptable or constructive activities is called sublimation – a concept introduced by Sigmund Freud and later developed further by his daughter Anna Freud. Instead of expressing the impulse directly, the energy behind it is transformed into something positive or productive – an ‘ego defence’.
On the other hand, Freud described melancholia as a persistent state that stays within the ‘unconscious’ – the repressed aspect of the mind, while the person feels trapped in unresolved emotions which jeopardises their mental and physical well-being.
Shakespeare lost a child, the only son, Hamnet, still in his formative years. The playwright had no option but to leave his family in his birthplace of Stratford-upon-Avon, and return to London after burying his son to continue his work at the playhouse. The significance of the loss to the father would, no doubt, have been profound, as the Greek historian Herodotus fittingly proclaimed, “No one that has lost a child knows what it is to lose a child”.
In the novel, and as depicted in the movie, Agnes [Anne Hathaway] travels to London to meet her husband. Unknown to him she stands with the audience at the Globe Theatre to watch Hamlet, the play, while Shakespeare remains backstage. As O’Farrell poignantly writes in her novel, “Hamlet, here on this stage, is two people, the young man alive, and the father dead. He is both alive and dead. Her husband [Shakespeare] has brought him back to life, in the only way he can”. “She stretches out a hand as if to acknowledge them, as if to feel the air between the three of them, as if to pierce the boundary between audience and players, between real life and play”.
Many literary scholars speculate that Shakespeare in mourning gave voice to his grief through Hamlet, the play’s introspective protagonist, who takes to the stage with melancholic expression. There are others who dispute this view, arguing that Hamlet is a product of his creative genius that transcends any autobiographical explanation. While Hamnet, the novel, and its film adaptation do not assert a direct historical link, they suggest an association between the playwright’s personal loss and his artistic creation. The notion that Shakespeare sublimated his grief into creating the iconic stage work remains suggestive, yet unprovable, but reveals an important ‘therapeutic strategy’ [sublimation] in dealing with loss. Nevertheless, through Hamlet, he gives enduring expression to a universal human condition – grief – that resonates across time.
Moreover, from an aesthetic point of view, a work of art can truly be called Art – whether encountered on the page, the screen, or the stage – when it invites reflection or evokes emotion. The thread that runs through the novel, the movie and the play tend to reinforce that notion.
By Dr. Siri Galhenage, Psychiatrist [Retd]
sirigalhenage@gmail.com
Midweek Review
The Dignity of the Female Head
You’ve been at it these long hours,
Sweeping the sidewalks of the big city,
And scrubbing floors of public toilets,
All the while wiping the sweat off your brow,
And waiting eagerly for departure time,
To get to your comfy nest in the teeming slum,
And see the eyes of your waiting kids,
Light up with love at your sight,
Their hands searching you for sweets,
And such moments of family joy,
Are for you and other women of dignity,
What is seriously meant by Liberation,
But this is lost on grandstanding rulers,
Who know not the spirit of shared living,
Nor the difference between a home and a house.
By Lynn Ockersz
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