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Midweek Review

Colombo Port City: Who can be entrusted with safeguarding Sri Lanka’s interests?

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By Shamindra Ferdinando

 

SLPP National List lawmaker Gevindu Cumaratunga, on Sunday (25) raised three issues in respect of the controversial Bill, titled ‘Colombo Port City Economic Commission’, that had been challenged in the Supreme Court.

Addressing the media at the Sri Sambuddhajayanthi Mandiraya, lawmaker Cumaratunga expressed concerns over (I) the composition of the proposed Economic Commission (EC) with the focus on the President being the sole authority in deciding its members, (ii) authority over the newly reclaimed land, adjacent to the Galle Face Green, and finally (iii) automatic approval granted to those making applications for projects through the EC.

Cumaratunga called the briefing in the wake of Friday’s (23) conclusion of hearing of petitions filed by those opposed to the project on the basis the Bill, as whole, is inconsistent with many provisions of the Constitution. There were also several intervenient petitions defending the Bill. These petitions were heard before a five-judge-bench comprising Chief Justice Jayantha Jayasuriya, PC, Justice Buwaneka Aluwihare, Justice Priyantha Jayawardena, Justice Murdhu Fernando, and Justice Janak de Silva.

 Cumaratunga, in addition to being an SLPP lawmaker, also expressed views on the Bill in his capacity as the Chairman of the nationalist civil society pressure group Yuthukama. Yuthukama is represented in the current Parliament by two lawmakers – Cumaratunga and Anupa Pium Pasqual who entered Parliament from the Kalutara district.

At the commencement of the briefing, the MP appealed to the media to ensure priority to the Port City issue though they could raise any other matter pertaining to simmering controversy over the Easter Sunday carnage, the Covid-19 rampage, and the developments since the Presidential Political Victimisation Commission handed over its report to President Gotabaya Rajapaksa on Dec 8, 2020. 

Having compared the proposed Bill, with two concept papers submitted during the previous UNP-led administration, and the current, on Sept 09, 2019 and June 16, 2020, respectively, lawmaker Cumaratunga questioned the failure on the part of those who prepared the Bill, at issue, to take into consideration the salient points therein.

The arch nationalist emphasized the responsibility on the part of the SLPP government to take remedial measures on its own, in respect of the Bill, regardless of the position taken by the Supreme Court. With the country crossroads, in the wake of implementation of the mega project, the government couldn’t, under any circumstances, shirk its responsibility to introduce the required changes, he argued.

The Supreme Court is scheduled to convey its ruling to President Gotabaya Rajapaksa and Speaker Mahinda Yapa Abeywardena.

Out of the 145-member SLPP parliamentary group, lawmaker Cumaratunga is the second to express concerns over the Bill. Having fired a broadside at the Bill, Colombo District SLPP lawmaker Dr. Wijeyadasa Rajapakse, PC, represented Ven. Muruththettuwe Ananda Nayaka Thera, Chief Incumbent of the Sri Abhayarama Purana Viharaya and President of the Public Service United Nurses’ Union, Sri Abhayarama, Narahenpita, and Nagashenage Dasun Yasas Sri Nagashena, of 90/12, Gramasanwardana Road, Polwatta, Pannipitiya.

Former President of the Bar Association of Sri Lanka, Dr. Rajapakse’s written submissions in respect of the case filed against the Secretary General of Parliament, Dhammika Disanayake, and Attorney General Dappula de Livera, PC, depicted a far more serious picture than lawmaker Cumaratunga’s criticism.

Having found fault with the incumbent administration for placing the responsibility of naming the EC on the President, MP Cumaratunga stressed that the appointing process should be subjected to parliamentary supervision. The lawmaker pointed out the concept papers presented by the previous government and the present, under the leadership of Prime Minister Mahinda Rajapaksa, underscored the need for the EC to consist of Sri Lankans. Referring to the concept paper presented on June 16, 2020, Cumaratunga said that it proposed the appointment of 10 members, including the Chairman of the EC. The Yuthukama Chief asserted that the issue at hand could be resolved by ensuring the majority of appointments to the EC, depending on the number, be placed under parliamentary supervision whereas the President/the minister in charge of the Port City, too, could make appointments. However, all should be Sri Lankans whereas required foreign experts could be hired for suitable positions, including that of the Director General.

MP Cumaratunga questioned the rationale in giving the sole authority, as regards appointments, to the President, or the minister in charge, in case the government brought the Port City under a particular Ministry.

Cumaratunga pointed out that the Office of the President shouldn’t be the sole decision-making authority, as elections were held every five years. Referring to statements as regards the Greater Colombo Economic Commission (GCEC) law, introduced by late President J.R. Jayewardene, in 1978, lawmaker Cumaratunga said that over the years there were many amendments to the Constitution. The government member expressed the view that the Bill, at issue, couldn’t be discussed taking into consideration JRJ’s law. The Constitution, the lawmaker emphasized, had undergone far reaching changes with the enactment of the 17th (Oct. 2, 2001) 18th (Sept. 10, 2010) 19th (April 28, 2015) and 20th Amendments (Oct 22, 2020) Amendments. Therefore, the incumbent government couldn’t go back on those Amendments, the MP said, pointing out that the two concept papers submitted in terms of the 19th and 20th Amendments envisaged the EC being subjected to the supervision of the Constitutional Council and the Parliamentary Council, respectively.

The 20th Amendment did away with the 10-member CC thereby passing the responsibility to the five-member Parliamentary Council. MP Cumaratunga explained that in terms of those concept papers mentioned, the officials who should be appointed to the EC. They included Governor, Central Bank, Secretary to the Treasury et al.

 

Parliament shirks its responsibilities

 Before discussing concerns in respect of the Bill, at issue, raised by nearly 20 petitioners, including lawmaker Rajapakse, it would be pertinent to take up the failure on the part of those responsible to ensure financial stability. The country is experiencing severe difficulties for want of financial discipline, at every level, with the Parliament yet to take tangible remedial measures. The revelations made by House parliamentary watchdog committees, the Committee on Public Enterprises (COPE) and the Committee on Public Accounts (COPA), as well as the Public Finance Committee (PFC), since the last general election, painted a bleak picture. The situation is so bad, a guarantee that the EC would comprise only Sri Lankan nationals holding responsible positions does not promise a clean administration. It would be pertinent to mention that Sri Lankans, being at the helm of the EC wouldn’t necessarily guarantee safety, security, political stability and uppermost the country’s interest without oversight.

JVP leader Anura Kumara Dissanayake’s hard hitting speech in Parliament, last Friday (23), painted a grim picture of the national economy. The JVPer didn’t mince his words when he named those allegedly responsible for massive waste, corruption and irregularities during successive governments.

Dissanayake pointed out how wrongdoers continued to enjoy political power, regardless of their public exposure. Lawmaker Dissanayake’s fiery speech highlighted Sri Lanka’s overall failure to tackle corruption, now, possibly, even threatening the very survival of the country. The JVP leader cited the Treasury bond scams, perpetrated in Feb 2015 and March 2016, as well as the massive sugar tax scam executed by the present lot. Reference was also made to the payment of a staggering USD 6.5 mn in 2014 to US national Imaad Shah Zuberi, 50, of Indian and Pakistani origins, to lobby the US Government to save Sri Lanka from human rights scrutiny by Washington. The then Rajapaksa government wired a total of USD 6.5 mn to a venture capitalist and political fundraiser who was sentenced recently to 12 years in a federal prison in the US on charges of embezzlement.

According to the US Department of Justice, Sri Lanka hired Zuberi of Arcadia, California, in 2014, to improve the country’s image in the United States, in the wake of investigations undertaken by the Geneva-based United Nations Human Rights Council. Of course, in this instance the then government would have turned to a questionable lobbyist out of sheer desperation, like a drowning man clutching at a straw, as the powerful West piqued by the ignominious defeat of the LTTE at the hands of our security forces, which they had always claimed were incapable of defeating it, was and still is out to punish us for defying their mantra. 

Zuberi had promised to make substantial expenditures on lobbying efforts, legal expenses, and media buys, which prompted Sri Lanka to agree to pay Zuberi a total of USD 8.5 million over the course of six months, in 2014. But actual payments amounted to USD 6.5 mn.

Examination of recent statements, issued by the Communication Department of the Parliament, pertaining to proceedings at the COPE, COPA and PFC, chaired by Prof. Charitha Ratwatte, Prof. Tissa Vitharana and Anura Priyadarshana Yapa, respectively, revealed the absence of proper scrutiny at any level in all sectors. Let me briefly discuss the shocking disclosure of the happenings at the Football Federation of Sri Lanka at the recently concluded COPE proceedings. The watchdog committee questioned a range of irregularities during the tenure of Attorney-at-Law Manilal Fernando as its President. And, finally, he was forced to quit because of those controversial dealings. The COPE queried how a sum of Euro 40,400 (approximately Rs 6 mn) received from the Italian Football Players’ Association to construct a football ground in his home town, Kalutara, ended up in Fernando’s private account. Prof. Herath’s committee also questioned the misappropriation of a sum of USD 60,000 (nearly Rs 6 million) provided by the Asian Football Federation to conduct competitions, a sum of Rs.10 mn given by a private company to construct 20 houses for tsunami victims and a sum of USD 200,000 donated by the Asian Football Federation.

 It also transpired, during the COPE proceedings, that the current President of the Federation, Anura de Silva, has submitted an affidavit to the court claiming that financial irregularities hadn’t taken place in spite of the Financial Crimes Investigation Division (FCID) moving the courts. The committee pointed out the seriousness in submitting such an affidavit.

 In addition, it is reported that Anura de Silva now wants to quit from the post of President of the Sri Lanka Football Federation to make way for Manilal’s son to climb to that post!

 Prof. Herath directed both Manilal Fernando and Anura de Silva to appear before COPE on May 06. COPE also dealt with controversial circumstances under which elections to the Football Federation of Sri Lanka was conducted with the Chairman of the Elections Committee as well as two other members given Rs 750,000 and Rs 600,000 each, respectively. The crisis at the Football Federation of Sri Lanka should be examined against the backdrop of the disgraceful conduct of the Sri Lanka Cricket (SLC) administrations.

Over the past couple of decades, under the watch of successive governments, the financial discipline has deteriorated to such an extent that the national economy is in deepening turmoil. Therefore, the Port City undertaking is a vast challenge that requires the highest consideration and, under any circumstances, the public shouldn’t be duped by the promise that Sri Lankan nationals, holding responsible positions at the helm of the EC, would ensure the best interests of the country.

 

Wijeyadasa isolated

 Contrary to lawmaker Wijeyadasa Rajapakse’s high profile stand as regards the Port City project, the SLPP constituents endorsed it. The National Freedom Front (NFF) parliamentary group threw its weight behind the Port City project. Pivithuru Hela Urumaya (PHU), too, defended the project while those appointed on the SLPP National List, except Yuthukama leader Cumaratunga, refrained from causing any friction. However, Wijeyadasa Rajapakse, who had represented both the SLFP and the UNP cabinets since his entry into parliamentary politics, pursued his agenda.

 Let me verbatim the section headlined ‘Threat to the National Security’ in Dr. Rajapakse’s written submissions to the SC: “The zone has been exempted from the Customs Ordinance. The Customs is debarred from exercising its powers within the Zone and the people in the Zone. There may be importation of prohibited substances, such as drugs, weapons, etc. The South jetty of the Colombo Port is situated, adjoining the said Zone, and it is controlled by the company belonging to the Chinese government.

As the proposed Commission is formed, in the event of any violation or disregard of International Charters and Treaties including, UN Charter, UN Charter for Human Rights, International Covenant on Civil and Political Rights, War Crimes, Crimes against Humanity within the said zone, the Sri Lankan State is responsible, not the purported commission.

There is a turmoil situation prevailing in the region, as well as in the World, due to the power struggle between China on one side and India, the USA, Europe, Japan on the other side. This kind of unprecedented facilitation to China would undoubtedly expose the whole country and the whole nation to danger. When presenting Bills of this nature, it is necessary to take geo-political factors into consideration.

In the course of argument, it was submitted that the government of Sri Lanka could not be able either to resist and control the import of any prohibited substance, including weapons of mass destruction, such as nuclear, atomic, multi-barrel, etc., as the operation of the Customs Ordinance is excluded. On 21st April, a ship loaded with Uranium, meant to be used for nuclear, which belongs to China, docked at the Hambantota Port by misleading the Authorities. The Government was able to direct it to leave the Port because that power of the government was preserved in the Agreement. But the present Bill does not contain any such safeguard.

One must not forget that the Colombo South Jetty is adjoining the zone. Therefore, it cannot be ruled out that the Chinese government will not resort to such devastation, compelling the other super powers to destroy the economy of the country and to expose national security to danger.

The total consideration of the Bill, as a whole is inconsistent to the rudimental principles of our Constitution and it shall be ruled out ab initio.”

 Former Ports and Shipping Minister Arjuna Ranatunga, in a recent interview with the writer over the phone, pointed out how Sri Lanka lost the strategic Hambantota port, to China, in 2017, and was now about to suffer a similar fate as regards the Port City project. Ranatunga recalled how the Sirisena-Wickremesinghe administration went ahead with the Hambantota project in spite of him giving up the Ports and Shipping portfolio. The country would one day pay a very heavy price for irresponsible actions of politicians and officials, the outspoken defeated UNP candidate, at the 2020 August general election, told the writer.

 

 



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Midweek Review

Batalanda and complexities of paramilitary operations

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Former President Ranil Wickremesinghe’s recent combative ‘Head-to-Head’ interview with British-American Mehdi Hasan on Al Jazeera has opened a can of worms. As to why Hasan raised the Batalanda Presidential Commission report, during a 49-minute interview conducted at the London’s Conway Hall, with a clearly pro LTTE audience, remains a mystery. This must be yet another notorious way to show how even-handed they are as in the case of its coverage of Russia, China, Palestine or Ukraine for their gullible viewers.

Recorded in February and aired in March 2025, the interview is definitely the most controversial the UNP leader, who is also an Attorney-at-Law, ever faced during his political career; always used to getting kid glove treatment, especially after taking over the party in 1994.

The continuing public discourse on Batalanda should provoke a wider discussion on Sri Lanka’s response to separatist Tamil terrorism, since the cold blooded murder of Jaffna SLFP Mayor Alfred Duriappah, which signalled the beginning of the LTTE terror campaign that ended in May 2009 with the crushing military defeat of the Tigers on the banks of the Nathikadal lagoon, as well as two southern insurgencies in 1971 and 1987-1990.

As Nandana Gunatilleke (one time JVP General Secretary and ex-MP), Dr. Wasantha Bandara (ex-JVPer and close associate of the slain JVP leader Rohana Wijeweera), Indrananda de Silva (ex-JVPer, incumbent Central Committee member of Frontline Socialist Party [FSP] and ex-military photographer) and Uvindu Wijeweera (Rohana Wijeweera’s son and leader of Dewana Parapura) agreed during the recent Hiru ‘Balaya’ discussion, conducted by Madushan de Silva, the Batalanda operation was in line with the overall counter-terrorist/insurgency strategy of the then government.

The issues at hand cannot be discussed at all without taking into consideration the JVP terrorism that, at one-time, almost overwhelmed the UNP’s unbroken rule, since 1977, carried out while openly brushing aside most of the universally accepted genuine parliamentary norms. The country’s second Republican constitution, promulgated by the UNP regime with a 5/6 majority in Parliament, in 1978, had been amended no less than 13 times by the time they were finally ousted in 1995. This was mainly to facilitate their continuous rule. Unfortunately, all stakeholders have sought to take advantage of Batalanda, thereby preventing a proper dialogue. Quite surprisingly, none of the guests, nor the interviewer, bothered, at least, to make a reference to the JVP bid on President J.R. Jayewardene’s life in Parliament on the morning of July 18, 1987. At the time, JVPer Ajith Kumara, working in the House as a minor employee, hurled two hand grenades towards JRJ, with the then Prime Minister Ranasinghe Premadasa seated next to JRJ. While one government MP lost his life, several others suffered injuries, including then National Security Minister Lalith Athulathmudali, whose spleen had to be removed.

At one point, Gunatilleke declared that they assassinated UNP MP for Tangalle Jinadasa Weerasinghe on July 3, 1987, in response to the government killing well over 100 people, in Colombo, protesting against the signing of the Indo-Lanka accord on July 29, 1987. The parliamentarian was killed near the Barawakumbuka-Welangahawela bridge on the Colombo-Rathnapura-Embilipitiya Road. The UNPer was killed on his way home after having declined Premier Premadasa’s offer to make an SLAF chopper available for him to reach home safely.

Against the backdrop of MP Weerasinghe’s assassination and the grenade attack on the UNP parliamentary group that claimed the life of Keethi Abeywickrema (MP for Deniyaya), the government had no option but to respond likewise. The operation, established at the Batalanda Housing scheme of the State Fertiliser Corporation, constituted part of the counter-insurgency strategy pursued by the UNP.

Those who called Batalanda complex Batalanda torture camp/ wadakagaraya conveniently forgot during the second JVP inspired insurgency, the military had to utilize many public buildings, including schools, as makeshift accommodation for troops. Of course the UNP established Batalanda under different circumstances with the then Industries Minister Ranil Wickremesinghe providing political authority. Batalanda had been an exclusive police operation though the Army had access to it whenever a requirement arose.

Those who had been suddenly withdrawn from the Northern and Eastern Provinces, to meet the rapidly evolving security threat in the South, required accommodation. FSP CC member Indrananada de Silva had received unhindered access to Batalanda in his capacity as a military photographer and the rest is history.

As to why Indrananda de Silva switched his allegiance to the FSP should be examined, taking into consideration his previous role as a trusted military photographer, formerly a Lance Corporal of the Military Police. An influential section of the JVP, led by Kumar Gunaratnam, formed the FSP in April 2012 though it didn’t receive the much anticipated public support. Both Indrananda de Silva and Nandana Gunatilleke, who aligned himself with the UNP, found fault with the JVP-led National People’s Power (NPP) over its handling of the Batalanada issue.

Paramilitary operations

Paramilitary operations had been an integral part of the overall counter-insurgency campaign, directed at the JVP responsible for approximately 6,600 killings. Among those death squads were PRRA primarily drawn from the SLMP (Sri Lanka Mahajana Party) and SRRA (the socialist Revolutionary Red Army). PRRA had close links with the Independent Student Union (ISU) whose leader Daya Pathirana was slain by the JVP. The vast majority of people do not remember that Daya Pathirana, who led the ISU during the turbulent 1985-1986 period, was killed mid-Dec. 1989. The second insurgency hadn’t started at that time though the JVP propagated the lie that they took up arms against the UNP government following the signing of the Indo-Lanka peace accord on July 29, 1987.

In addition to PRRA and SRRA, the government made use of paramilitary groups, namely Kalu balallu, Ukkusso, Rajaliyo, Kaha balallu, Kola koti, Rathu Makaru, Mapila, Gonussa, Nee, Keshara Sinhayo, Le-mappillu and Kalu koti.

The UNP also involved some elements of Indian trained Tamil groups (not of the LTTE) in paramilitary operations. Such operations, that had been backed by respective Cabinet Ministers, were supervised by local law enforcement authorities. Paramilitary operations had been in line with psychological warfare that was meant to cause fear among the JVP, as well as the general population. Military operations that had been combined with paramilitary actions received the blessings of the political leadership at the highest level. In the case of Batalanda (1988-1990) President J.R. Jayewardene and Ranasinghe Premadasa knew of its existence.

Even after the eradication of the top JVP leadership, by Nov. 1989, police, military and paramilitary operations continued unabated. Former JVPers appearing on ‘Balaya’ agreed that counter-insurgency operations were actually brought to an end only after D.B. Wijetunga succeeded President Ranasinghe Premadasa after the latter’s assassination on May Day 1993.

After the LTTE resumed war in June 1990, just a couple of months after the withdrawal of the Indian Army (July 1987-March1990), the UNP authorized paramilitary operations in the northern and eastern areas. Members of TELO, PLOTE, EPRLF as well as EPDP were made part of the overall government security strategy. They operated in large groups. Some paramilitary units were deployed in the Jaffna islands as well. And these groups were represented in Parliament. They enjoyed privileged status not only in the northern and eastern regions but Colombo as well. The government allowed them to carry weapons in the city and its suburbs.

These groups operated armed units in Colombo. The writer had the opportunity to visit EPDP and PLOTE safe houses in Colombo and its suburbs soon after they reached an understanding with President Ranasinghe Premadasa. Overnight at the behest of President Premadasa, the Election Department granted these Tamil groups political recognition. In other words, armed groups were made political parties. The Premadasa government accepted their right to carry weapons while being represented in Parliament.

It would be pertinent to mention that thousands of Tamil paramilitary personnel served the government during that period. There had been many confrontations between them and the LTTE over the years and the latter sought to eliminate key paramilitary personnel. Let me remind you of the circumstances, the EPRLF’s number 02 Thambirajah Subathiran alias Robert was sniped to death in June 2003. Robert was engaged in routine morning exercises on the top floor of the two-storeyed EPRLF office, on the hospital road, Jaffna, when an LTTE sniper took him out from the nearby Vembadi Girls’ high school. The operation of the Norway managed Ceasefire Agreement (CFA) made no difference as the LTTE removed Robert who led the party here in the absence of leader Varatharaja Perumal, the first and the only Chief Minister of the North-Eastern Province.

In terms of the CFA that had been signed by Premier Ranil Wickremesinghe and LTTE leader Velupillai Prabhakaran, in Feb. 2002, the government agreed to disarm all paramilitary personnel. Many wouldn’t remember now that during Premadasa’s honeymoon with the LTTE, the Army facilitated the LTTE onslaught on paramilitary groups in selected areas.

Muthaliff’s role

During the ‘Balaya’ discussion, the contentious issue of who shot JVP leader Rohana Wijeweera came up. Nandana Gunatilleke, who contested the 1999 Dec. presidential election. as the JVP candidate, pointing to an article carried in the party organ that dealt with Wijeweera’s assassination said that he wrongly named Gaffoor as one of the persons who shot their leader whereas the actual shooter was Muthaliff. The headline named Thoradeniya and Gaffoor as the perpetrators.

Declaring that he personally wrote that article on the basis of information provided by Indrananda de Silva, Gunatilleke named Asoka Thoradeniya and Tuan Nizam Muthaliff of the Army as the perpetrators of the crime. Thoradeniya served as Sri Lanka’s High Commissioner in the Maldives during the Yahapalana administration, while Muthaliff was killed by the LTTE in Colombo in late May 2005. The shooting took place at Polhengoda junction, Narahenpita. Muthaliff was on his way from Manning town, Narahenpita, to the Kotelawala Defence University.

The programme was told that the JVP had over the years developed close relationship with Thoradeniya while Indrananda de Silva accused Dr. Wasantha Bandara of duplicity regarding Muthaliff. How could you recognize Muthaliff, slain by the LTTE, as a war hero as he was actually one of the persons who shot Rohana Wijeweera, the latter asked.

At the time of his assassination, Muthaliff served as the Commanding Officer, 1 st Regiment Sri Lanka Military Intelligence Corps. The then parliamentarian Wimal Weerawansa was among those who paid last respects to Maj. Muthaliff.

At the time of Rohana Wijeweera’s arrest, Muthaliff served as Lieutenant while Thoradeniya was a Major. Indrananda de Silva strongly stressed that atrocities perpetrated by the police and military in the South or in the northern and eastern regions must be dealt with regardless of whom they were conducting operations against. The former JVPer recalled the Army massacre in the east in retaliation for the landmine blast that claimed the lives of Northern Commander Maj. Gen. Denzil Kobbekaduwa and a group of senior officers, including Brigadier Wijaya Wimalaratne, in early Aug. 1990 in Kayts.

Dr. Wasantha Bandara warned of the Western powers taking advantage of what he called false narrative to push for a Truth and Reconciliation Commission.

It would be pertinent to mention that the LTTE also used the underworld as well as some corrupt Army personnel in planning high profile assassinations. Investigations into the assassination of Muthaliff, as well as Maj. Gen. Parami Kulatunga, killed in a suicide attack at Pannipitiya, in June 2006, revealed the direct involvement of military personnel with the LTTE.

Indrananda de Silva disclosed that soon after Anura Kumara Dissanayake won the presidential election last September, the FSP, in writing, requested the JVP leader to inquire into killings during that period, including that of Rohana Wijeweera. The FSPer alleged that President Dissanayake refrained from even acknowledging their letter. Indrananda de Silva emphasized that Al Jazeera never disclosed anything new as regards Batalanda as he exposed the truth years ago. The former JVPer ridiculed the ruling party tabling the Batalanda Commission report in the wake of Wickremesinghe’s Al Jazeera interview whereas the matter was in the public domain for quite some time.

Indrananda de Silva and Nandana Gunatilleke exchanged words over the latter’s declaration that the JVP, too, was subjected to investigation for violence unleashed during the 1987-1990 period. While the FSPer repeatedly declared that those who carried out directives issued by the party were arrested and in some cases killed, Nandana Gunatilleke took up the position that the party should be held accountable for crimes perpetrated during that period.

The interviewer posed Nandana Gunatilleke the question whether he was betraying his former comrades after joining the UNP. Nandana Gunatilleke shot back that he joined the UNP in 2015 whereas the JVP joined UNP as far back as 2009 to promote retired Army Chef Sarath Fonseka’s presidential ambition even though he wiped out the JVP presence in Trincomalee region during the second insurgency.

JVP’s accountability

Nandana Gunatilleke is adamant that the party should accept responsibility for the killings carried out at that time. The former JVPer declared that Vijaya Kumaratunga (Feb. 16, 1988), first Vice Chancellor of the Colombo University (March 08, 1989) Dr. Stanley Wijesundera, Ven. Kotikawatte Saddhatissa thera (Aug. 03, 1988) and Chairperson of the State Pharmaceutical Corporation Gladys Jayewardene (Sept. 12, 1989) were among those assassinated by the JVP. SPC Chairperson was killed for importing medicine from India, the former Marxist aligned with the UNP said, while actor-turned-politician Kumaratunga’s assassination was attributed to his dealings with President J.R. Jayewardene.

According to Nandana Gunatilleke, except for a few killings such as General Secretaries of the UNP Harsha Abeywickrema (Dec 23, 1987) and Nandalal Fernando (May 20, 1988), the vast majority of others were ordinary people like grama sevakas killed on mere accusation of being informants. The deaths were ordered on the basis of hearsay, Nandana Gunatilleke said, much to the embarrassment of others who represented the interest of the JVP at that time.

One quite extraordinary moment during the ‘Balaya’ programme was when Nandana Gunatilleke revealed their (JVP’s) direct contact with the Indian High Commission at a time the JVP publicly took an extremely anti-Indian stance. In fact, the JVP propagated a strong anti-Indian line during the insurgency. Turning towards Dr. Wasantha Bandara, Gunatilleke disclosed that both of them had been part of the dialogue with the Indian High Commission.

It reminds me of the late Somawansa Amarasinghe’s first public address delivered at a JVP rally in late Nov. 2001 after returning home from 12 years of self-imposed exile. Of the top JVP leadership, Somawansa Amarasinghe, who had been married to a close relative of powerful UNP Minister Sirisena Cooray, was the only one to survive combined police/military/paramilitary operations.

Amarasinghe didn’t mince his words when he declared at a Kalutara rally that his life was saved by Indian Premier V.P. Singh. Soft spoken Amarasinghe profusely thanked India for saving his life. Unfortunately, those who discuss issues at hand conveniently forget crucial information in the public domain. Such lapses can be both deliberate and due to negligence.

By Shamindra Ferdinando

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Midweek Review

Independent Monitor

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You may think sloth comes very easy,

To your kingly monitor of the shrinking marsh,

As he lies basking smugly in the morn sun,

But he is organized and alert all the while,

As he awaits his prey with patience infinite,

Free of malice, a professional of a kind,

His cumbrous body not slowing his sprite….

But note, he’s no conspirator spitting guile,

And doesn’t turn nasty unless crossed,

Nor by vengeful plans is he constantly dogged,

Unlike those animals of a more rational kind,

Whose ways have left behind a state so sorry.

By Lynn Ockersz

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Midweek Review

Rajiva on Batalanda controversy, govt.’s failure in Geneva and other matters

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Wickremesinghe responds to Hasan during the controversial interview recorded in London

Former President Ranil Wickremesinghe’s recent interview with Mehdi Hasan on Al Jazeera’s ‘Head-to-Head’ series has caused controversy, both in and outside Parliament, over the role played by Wickremesinghe in the counter-insurgency campaign in the late’80s.

The National People’s Power (NPP) seeking to exploit the developing story to its advantage has ended up with egg on its face as the ruling party couldn’t disassociate from the violent past of the JVP. The debate on the damning Presidential Commission report on Batalanda, on April 10, will remind the country of the atrocities perpetrated not only by the UNP, but as well as by the JVP.

The Island sought the views of former outspoken parliamentarian and one-time head of the Government Secretariat for Coordinating the Peace Process (SCOPP) Prof. Rajiva Wijesinha on a range of issues, with the focus on Batalanda and the failure on the part of the war-winning country to counter unsubstantiated war crimes accusations.

Q:

The former President and UNP leader Ranil Wickremesinghe’s interview with Al Jazeera exposed the pathetic failure on the part of Sri Lanka to address war crimes accusations and accountability issues. In the face of aggressive interviewer Mehdi Hasan on ‘Head-to-Head,’ Wickremesinghe struggled pathetically to counter unsubstantiated accusations. Six-time Premier Wickremesinghe who also served as President (July 2022-Sept. 2024) seemed incapable of defending the war-winning armed forces. However, the situation wouldn’t have deteriorated to such an extent if President Mahinda Rajapaksa, who gave resolute political leadership during that war, ensured a proper defence of our armed forces in its aftermath as well-choreographed LTTE supporters were well in place, with Western backing, to distort and tarnish that victory completely. As wartime Secretary General of the Government’s Secretariat for Coordinating the Peace Process (since June 2007 till the successful conclusion of the war) and Secretary to the Ministry of Disaster Management and Human Rights (since Jun 2008) what do you think of Wickremesinghe’s performance?

A:

It made him look very foolish, but this is not surprising since he has no proper answers for most of the questions put to him. Least surprising was his performance with regard to the forces, since for years he was part of the assault forces on the successful Army, and expecting him to defend them is like asking a fox to stand guard on chickens.

Q:

In spite of trying to overwhelm Wickremesinghe before a definitely pro-LTTE audience at London’s Conway Hall, Hasan further exposed the hatchet job he was doing by never referring to the fact that the UNP leader, in his capacity as the Yahapalana Premier, co-sponsored the treacherous Geneva Resolution in Oc., 2015, against one’s own victorious armed forces. Hasan, Wickremesinghe and three panelists, namely Frances Harrison, former BBC-Sri Lanka correspondent, Director of International Truth and Justice Project and author of ‘Still Counting the Dead: Survivors of Sri Lanka’s Hidden War,’ Dr. Madura Rasaratnam, Executive Director of PEARL (People for Equality and Relief in Lanka) and former UK and EU MP and Wickremesinghe’s presidential envoy, Niranjan Joseph de Silva Deva Aditya, never even once referred to India’s accountability during the programme recorded in late February but released in March. As a UPFA MP (2010-2015) in addition to have served as Peace Secretariat Chief and Secretary to the Disaster Management and Human Rights Ministry, could we discuss the issues at hand leaving India out?

A:

I would not call the interview a hatchet job since Hasan was basically concerned about Wickremesinghe’s woeful record with regard to human rights. In raising his despicable conduct under Jayewardene, Hasan clearly saw continuity, and Wickremesinghe laid himself open to this in that he nailed his colours to the Rajapaksa mast in order to become President, thus making it impossible for him to revert to his previous stance. Sadly, given how incompetent both Wickremesinghe and Rajapaksa were about defending the forces, one cannot expect foreigners to distinguish between them.

Q:

You are one of the many UPFA MPs who backed Maithripala Sirisena’s candidature at the 2015 presidential election. The Sirisena-Wickremesinghe duo perpetrated the despicable act of backing the Geneva Resolution against our armed forces and they should be held responsible for that. Having thrown your weight behind the campaign to defeat Mahinda Rajapaksa’s bid to secure a third term, did you feel betrayed by the Geneva Resolution? And if so, what should have the Yahapalana administration done?

A:

By 2014, given the total failure of the Rajapaksas to deal firmly with critiques of our forces, resolutions against us had started and were getting stronger every year. Mahinda Rajapaksa laid us open by sacking Dayan Jayatilleke who had built up a large majority to support our victory against the Tigers, and appointed someone who intrigued with the Americans. He failed to fulfil his commitments with regard to reforms and reconciliation, and allowed for wholesale plundering, so that I have no regrets about working against him at the 2015 election. But I did not expect Wickremesinghe and his cohorts to plunder, too, and ignore the Sirisena manifesto, which is why I parted company with the Yahapalanaya administration, within a couple of months.

I had expected a Sirisena administration to pursue some of the policies associated with the SLFP, but he was a fool and his mentor Chandrika was concerned only with revenge on the Rajapaksas. You cannot talk about betrayal when there was no faith in the first place. But I also blame the Rajapaksas for messing up the August election by attacking Sirisena and driving him further into Ranil’s arms, so that he was a pawn in his hands.

Q:

Have you advised President Mahinda Rajapaksa’s government how to counter unsubstantiated war crimes allegations propagated by various interested parties, particularly the UN, on the basis of the Panel of Experts (PoE) report released in March 2011? Did the government accept your suggestions/recommendations?

A:

Prof. Rajiva Wijesinha

I kept trying, but Mahinda was not interested at all, and had no idea about how to conduct international relations. Sadly, his Foreign Minister was hanging around behind Namal, and proved incapable of independent thought, in his anxiety to gain further promotion. And given that I was about the only person the international community, that was not prejudiced, took seriously – I refer to the ICRC and the Japanese with whom I continued to work, and, indeed, the Americans, until the Ambassador was bullied by her doctrinaire political affairs officer into active undermining of the Rajapaksas – there was much jealousy, so I was shut out from any influence.

But even the admirable effort, headed by Godfrey Gunatilleke, was not properly used. Mahinda Rajapaksa seemed to me more concerned with providing joy rides for people rather than serious counter measures, and representation in Geneva turned into a joke, with him even undermining Tamara Kunanayagam, who, when he supported her, scored a significant victory against the Americans, in September 2011. The Ambassador, who had been intriguing with her predecessor, then told her they would get us in March, and with a little help from their friends here, they succeeded.

Q:

As the writer pointed out in his comment on Wickremesinghe’s controversial Al Jazeera interview, the former Commander-in-Chief failed to mention critically important matters that could have countered Hasan’ s line of questioning meant to humiliate Sri Lanka?

A:

How could you have expected that, since his primary concern has always been himself, not the country, let alone the armed forces?

Q:

Do you agree that Western powers and an influential section of the international media cannot stomach Sri Lanka’s triumph over separatist Tamil terrorism?

A:

There was opposition to our victory from the start, but this was strengthened by the failure to move on reconciliation, creating the impression that the victory against the Tigers was seen by the government as a victory against Tamils. The failure of the Foreign Ministry to work with journalists was lamentable, and the few exceptions – for instance the admirable Vadivel Krishnamoorthy in Chennai or Sashikala Premawardhane in Canberra – received no support at all from the Ministry establishment.

Q:

A couple of months after the 2019 presidential election, Gotabaya Rajapaksa declared his intention to withdraw from the Geneva process. On behalf of Sri Lanka that announcement was made in Geneva by the then Foreign Minister Dinesh Gunawardena, who became the Premier during Wickremesinghe’s tenure as the President. That declaration was meant to hoodwink the Sinhala community and didn’t alter the Geneva process and even today the project is continuing. As a person who had been closely involved in the overall government response to terrorism and related matters, how do you view the measures taken during Gotabaya Rajapaksa’s short presidency to counter Geneva?

A:

What measures? I am reminded of the idiocy of the responses to the Darusman report by Basil and Gotabaya Rajapaksa, who went on ego trips and produced unreadable volumes trying to get credit for themselves as to issues of little interest to the world. They were planned in response to Darusman, but when I told Gotabaya that his effort was just a narrative of action, he said that responding to Darusman was not his intention. When I said that was necessary, he told me he had asked Chief-of-Staff Roshan Goonetilleke to do that, but Roshan said he had not been asked and had not been given any resources.

My own two short booklets which took the Darusman allegations to pieces were completely ignored by the Foreign Ministry.

Q:

Against the backdrop of the Geneva betrayal in 2015 that involved the late Minister Mangala Samaraweera, how do you view President Wickremesinghe’s response to the Geneva threat?

A: Wickremesinghe did not see Geneva as a threat at all. Who exactly is to blame for the hardening of the resolution, after our Ambassador’s efforts to moderate it, will require a straightforward narrative from the Ambassador, Ravinatha Ariyasinha, who felt badly let down by his superiors. Geneva should not be seen as a threat, since as we have seen follow through is minimal, but we should rather see it as an opportunity to put our own house in order.

Q:

President Anura Kumara Dissanayake recently questioned both the loyalty and professionalism of our armed forces credited with defeating Northern and Southern terrorism. There hadn’t been a previous occasion, a President or a Premier, under any circumstances, questioned the armed forces’ loyalty or professionalism. We cannot also forget the fact that President Dissanayake is the leader of the once proscribed JVP responsible for death and destruction during 1971 and 1987-1990 terror campaigns. Let us know of your opinion on President Dissanayake’s contentious comments on the armed forces?

A: I do not see them as contentious, I think what is seen as generalizations was critiques of elements in the forces. There have been problems, as we saw from the very different approach of Sarath Fonseka and Daya Ratnayake, with regard to civilian casualties, the latter having planned a campaign in the East which led to hardly any civilian deaths. But having monitored every day, while I headed the Peace Secretariat, all allegations, and obtained explanations of what happened from the forces, I could have proved that they were more disciplined than other forces in similar circumstances.

The violence of the JVP and the LTTE and other such groups was met with violence, but the forces observed some rules which I believe the police, much more ruthlessly politicized by Jayewardene, failed to do. The difference in behaviour between the squads led for instance by Gamini Hettiarachchi and Ronnie Goonesinghe makes this clear.

Q:

Mehdi Hasan also strenuously questioned Wickremesinghe on his role in the UNP’s counter-terror campaign during the 1987-1990 period. The British-American journalists of Indian origins attacked Wickremesinghe over the Batalanda Commission report that had dealt with extra-judicial operations carried out by police, acting on the political leadership given by Wickremesinghe. What is your position?

A:

Wickremesinghe’s use of thugs’ right through his political career is well known. I still recall my disappointment, having thought better of him, when a senior member of the UNP, who disapproved thoroughly of what Jayewardene had done to his party, told me that Wickremesinghe was not honest because he used thugs. In ‘My Fair Lady,’ the heroine talks about someone to whom gin was mother’s milk, and for Wickremesinghe violence is mother’s milk, as can be seen by the horrors he associated with.

The latest revelations about Deshabandu Tennakoon, whom he appointed IGP despite his record, makes clear his approval for extra-judicial operations.

Q:

Finally, will you explain how to counter war crimes accusations as well as allegations with regard to the counter-terror campaign in the’80s?

A:

I do not think it is possible to counter allegations about the counter-terror campaign of the eighties, since many of those allegations, starting with the Welikada Prison massacre, which Wickremesinghe’s father admitted to me the government had engendered, are quite accurate. And I should stress that the worst excesses, such as the torture and murder of Wijeyedasa Liyanaarachchi, happened under Jayewardene, since there is a tendency amongst the elite to blame Premadasa. He, to give him his due, was genuine about a ceasefire, which the JVP ignored, foolishly in my view though they may have had doubts about Ranjan Wijeratne’s bona fides.

With regard to war crimes accusations, I have shown how, in my ‘Hard Talk’ interview, which you failed to mention in describing Wickeremesinghe’s failure to respond coherently to Hasan. The speeches Dayan Jayatilleke and I made in Geneva make clear what needed and still needs to be done, but clear sighted arguments based on a moral perspective that is more focused than the meanderings, and the frequent hypocrisy, of critics will not now be easy for the country to furnish.

 

By Shamindra Ferdinando

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