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Playing politics with disappearances

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A recent protest in Jaffna demanding justice for those who had been reported missing during the conflict and after the successful conclusion of the war, in May 2009(pic posted by PEARL)

By Shamindra Ferdinando

Washington-based People for Equality and Relief in Lanka (PEARL) says it campaigns for justice and self-determination for the Tamil people, living in the Northern and Eastern Provinces. Identifying itself as a non-profit organization, PEARL says formation of the group took place in 2005 in the wake of volunteers visiting Sri Lanka – the year before the Liberation Tigers of Tamil Eelam (LTTE) launched the fourth phase of the war.

Having reignited the war, in August 2006, with devastating initial success, the LTTE, however, lost the entire Eastern Province, by mid-2007. The armed forces brought the war to a successful conclusion in May 2009. Since then, various Tamil politicians, Diaspora organizations and suspicious bleeding hearts, in the West, have been alleging enforced disappearances on a mass scale.

“For too long, the plight of the families of the disappeared has been used as a talking point and a prop for politicians and the international community, but no concrete measures have been taken,” said PEARL’s Executive Director Tasha Manoranjan. “The international community contributed to the destruction of Tamil lives and Tamil aspirations in 2009 — it is now time for the same international community to meet the demands of the families of the disappeared,” she said, in a statement issued in solidarity with the Tamil families of victims of enforced disappearances in Sri Lanka, from the 1980s and during the entirety of the country’s armed conflict. PEARL estimated the number of disappearances at 60,000-100,000, during this period.

PEARL, too, alleges genocide and demands accountability on the part of Sri Lanka. The group admits that it twice revised its five-year strategic plan after wartime Defence Secretary Gotabaya Rajapaksa won the 2019 presidential election. The original plan, put out in 2018, has been revised in Dec 2019 and April-July 2020. Perhaps, PEARL will have to revise its strategic plan further in the wake of President Gotabaya Rajapaksa’s party securing an unprecedented near two-thirds majority at the Aug 5, 2020 general election. PEARL anticipates rapid deterioration of the situation in the Northern and Eastern Provinces as a result of Gotabaya Rajapaksa’s victory. PEARL has conveniently forgotten Tamils living there overwhelmingly voted for General Sarath Fonseka at the 2005 presidential election. The group’s concerns over Gotabaya Rajapaksa’s victory obviously seemed baseless against the backdrop of Tamils’ backing for war-winning Army commander Fonseka’s candidature at the 2005 presidential election.

PEARL will also have to take into consideration the major setback suffered by one-time LTTE mouthpiece, the Tamil National Alliance (TNA), at the recent general election. Having championed hybrid war crimes court in terms of Geneva Resolution 30/1 ‘Promoting reconciliation, accountability and human rights in Sri Lanka’, co-sponsored by the yahapalana government, the TNA felt comfortable though the general election results proved otherwise. The TNA ended up with just 10 seats, its worst performance since winning 22 seats at the April 2004 general election with overt and covert help from the LTTE.

In addition to the TNA, two other political outfits, namely the Ahila Illankai Tamil Congress (AITC) and Tamil Makkal Theshiya Kutani (TMTK), led by Gajendrakumar Ponnambalam and C.V. Wigneswaran, respectively, have emerged at the expense of the TNA grouping, led by veteran Sampanthan. It was more a war of attrition, fought by the two, against the established TNA that resulted in the major electoral reversal by the latter.

It would be pertinent to remind how lawmaker Ponnambalam, on Aug 21, 2020 reiterated genocide allegations during the debate on President Gotabaya Rajapaksa’s policy statement, delivered on the previous day. While declaring their resolve for self-determination, Ponnambalam challenged President Gotabaya Rajapaksa’s mandate, and that of the SLPP, received in Nov 2019 and August 2020. Many an eyebrow was raised when Speaker Mahinda Yapa Abeywardena, in respect of C.V. Wigneswaran’s provocative speech, at the inauguration of the parliament, declared that lawmakers were free to say whatever they wanted to.

The writer felt the need to examine the contentious issue of missing persons, against the backdrop of PEARL’s latest statement, headlined “PEARL stands with Victims’ Families in Sri Lanka on the International Day of the Victims of Enforced Disappearances”, with the strapline ‘Since the end of the war in 2009, thousands of Tamils have not been heard from, after surrendering to the government’

PEARL has estimated the number of disappearances at 60,000-100,000 during the conflict and after. If the number of disappearances has been estimated as much as 100,000, wouldn’t it be necessary to examine the number of killed? Did some of those, who had been listed among the disappeared were actually killed in the fighting, or perished after being caught in the crossfire. Before examining the missing persons issue, let me remind the reader what yahapalana Prime Minister Ranil Wickremesinghe said of those categorized as disappeared.

 

Ranil sets the record straight

The 2015 presidential election brought an end to war-winning President Mahinda Rajapaksa’s rule. The Rajapaksa administration was repeatedly accused of running secret detention facilities, both in the Northern and Eastern provinces. A section of the Western powers, too, subscribed to these unsubstantiated allegations. In spite of the change of the government, in 2015, accusations persisted. In the run-up to the 2015 Geneva sessions, Sri Lanka was accused of still operating secret detention facilities.

In 2015, Sri Lanka agreed to set up (1) a judicial mechanism with a Special Counsel to investigate allegations of violations and abuses of human rights and violations of international human rights law (11) Commission truth, justice, reconciliation and non-recurrence (111) An Office on missing and (1V) An office for reparations.

In the run-up to the Geneva sessions, Premier Wickremesinghe chose to set the record straight, at a ceremony at Rukmale Sri Dharmaloka Vijayaloka Maha Viharaya, on March 01, 2015, to felicitate the newly appointed Maha Nayaka Thera Ven. Ittapane Dharmalankara. Among those present was Malcolm Cardinal Ranjith, Archbishop of Colombo. Premier Wickremesinghe declared that as all those who had been taken into custody, during the war and the post-conflict period, were being held in legally run facilities, all detainees/prisoners could be accounted for. The UNP leader didn’t mince his words when he emphasized that those missing, but not listed among those in government custody, had either perished during the conflict or were living overseas ‘(Prime Minister denies existence of secret detention camps’. with strap line ‘Those not among prison population either perished during the war or living overseas, The Island March 04, 2015.’)

A couple of days later, Premier Wickremesinghe challenged the much-touted UN claim of over 40,000 civilians killed on the Vanni east front, in 2009. Wickremesinghe also stressed the urgent need to verify the UN claims, as well as various other accusations. Unfortunately, Wickremesinghe’s did nothing. Wickremesinghe handling of the post-war accountability issue, too, contributed to the humiliating defeat his party suffered at the recently concluded general election. Over seven decades old, the UNP ended up without an elected MP. Nearly a month after the general election, the UNP is yet to reach consensus on its solitary National List slot.

The UNP leader Wickremesinghe set the record straight in an exclusive interview with Indian Thanthi TV in which he insisted that figures, quoted by the UN or other organizations, couldn’t be accepted without being verified. The March 6, 2015, interview couldn’t have been conducted at a better time, though Wickremesinghe did nothing subsequently to examine the Vanni death toll. Instead, Wickremesinghe gave the then Foreign Minister Mangala Samaraweera the go ahead to co-sponsor the accountability resolution, in Geneva, on Oct 01, 2015. The rest is history.

When the interviewer, S.A. Hariharan, pointed out that the Tamil Diaspora had estimated the number of civilian deaths closer to 100,000, Wickremesinghe asserted that it wouldn’t even come up to 40,000. Wickremesinghe pointed out that, in addition to the PoE (Panel of Experts) report, there had been other official reports that dealt with accountability issues. The Premier emphasized the pivotal importance of verifying such accusations to establish the number of civilian deaths. The Premier said that some official reports placed the number of civilian deaths at 5,000. The UNP leader never called for the verification of the UN report until he was kicked out of parliament.

In spite of underlining the importance of verifying accusations, Wickremesinghe didn’t take any follow-up action. The Sirisena-Wickremesinghe government conveniently refrained from using heavy ammunition in our rightful defence, provided by Lord Naseby, in Oct 2017, to counter the PoE report. The incumbent government, too, is yet to formulate a cohesive strategy to use Lord Naseby’s disclosure.

 

PEARL owes an explanation

During the conflict, thousands of Sri Lankan Tamils fled the country. The war here gave them an opportunity to secure political asylum in Europe, the US, Australia and the Scandinavian region. The Tamil Diaspora provided a substantial amount of funding, required by the LTTE to continue its conventional military campaign. The LTTE, in turn, controlled the Diaspora groups. The LTTE maintained strict surveillance over them. The Diaspora groups lacked courage at least to request the LTTE not to use their own helpless people as human shields in 2009. Wouldn’t it be interesting to know what PEARL did during the last phase of the war in Sri Lanka? Did PEARL intervene on behalf of the Vanni Tamils after the LTTE abandoned Kilinochchi, in January 2009? Did PEARL request the LTTE, at least privately, to let go of those who were being held as human shields on the Vanni east front at the behest of a megalomaniac?

PEARL’s Executive Director, Tasha Manoranjan, and a member of its board of directors, having alleged in their latest media release that the international community contributed to the destruction of Tamil lives and Tamil aspirations in 2009, demanded the same international community should meet the demands of the disappeared. As a Diaspora group seeking to influence Western policy, through legal and political advocacy and direct research and reporting, PEARL should know how Western powers prolonged the conflict. In fact, the LTTE wouldn’t have survived nearly three decades without Western support, if not overt, but definitely covert. Western powers allowed the funding required to procure arms, ammunition and equipment needed to wage war though some countries proscribed the group. Neither did they unmask the international Tiger terrorist network, which was also resorting to drug running, extortion, etc., to fund the war here. However, the US facilitated the destruction of the floating arsenals in secret naval operations undertaken by the SLN. This was at the onset of the Vanni offensive.

If PEARL is genuinely interested in knowing what really happened to those who had been reported missing, it would seek the assistance of Western powers, as well as India. A substantial number of those who had been categorized as missing is today living in various countries, in many cases under assumed names. If not for them, there wouldn’t have been so many Diaspora organizations still raising funds on behalf of their people living in the Northern and Eastern Province.

PEARL tweeted on August 14, 2020: “Today marks 14 years since the #SLAF dropped 16 bombs over the #Sencholai children’s home, killing at least 51 #Tamil schoolgirls and 4 teachers. We remember them, acknowledge the gendered dimension of genocide, and continue to call for justice and accountability.”

Tasha Manoranjan, who had been in the Vanni at the onset of the Eelam War IV, tweeted on the following day; “I visited Sencholai hours after the bombing. The wailing of the mothers and families of these slaughtered schoolgirls haunt me to this day.”

Now that Tasha Manoranjan had claimed that she was hours away from Sencholai at the time of the SLAF attack on August 14, 2006, how could she become the founder of PEARL, established in 2005.

Manoranjan certainly owed an explanation.

Let me produce the description of the PEARL official on its official website: “Tasha Manoranjan is the founder and director of People for Equality and Relief in Lanka (PEARL). She spent over a year documenting human rights violations committed against Tamil civilians in northern Sri Lanka, and remains committed to pursuing accountability for violations of international law. Tasha was previously an associate in Sidley Austin LLP’s Litigation Practice. Tasha received her B.A., magna-cum-laude, in Justice and Peace Studies from Georgetown University’s School of Foreign Service. Tasha earned her law degree at Yale Law School, where she served as the Features Editor and Book Reviewer for the Yale Journal of International Law, Chair of the South Asian Law Students Association and Community Enrichment Chair of the Women of Color Collective. While at Yale, Tasha wrote a paper entitled “Beaten but not Broken: Tamil Women in Sri Lanka”, which was subsequently published in the Georgetown Journal of International Affairs.”

According to the website, Manoranjan works as a Senior Policy Advisor at the Ontario Human Rights Commission. Is she a Canadian passport holder?

From Vanni to the US

How could Manoranjan, who had been in LTTE held Vanni, on August 14, 2006, ended up in the US? Or had she been a member of the PEARL at the time she entered the Vanni? In other words, what was her status at the time she entered Vanni? Did she ever serve the LTTE? When did she leave the Vanni? And, most importantly, how did she leave the country? Depending on the duration of Manoranjan’s stay in the Vanni, she can surely shed light on the circumstances leading to the entire Vanni population being herded into accompanying the retreating LTTE fighting units. What was Manoranjan’s status in the Vanni? Had she been a displaced person? Did anyone of her family serve the LTTE or any other terrorist group? In Manoranjan’s brief description there is no reference to her being in the Vanni during the conflict.

PEARL board of directors includes Dr. Vino Kanapathipillai, Gajan Raj and Sadena Thevarajah. In addition to the PEARL board of directors, its team comprised Tasha Manoranjan (Executive Director), Mario Arulthas (Strategic Advisor / Sr. Advocacy Officer, US), Anji Manivannan (Legal Director), Vivetha Thambinathan (Research Director), Avi Selvarajah (Sr. Legal Officer), Sivakami Rajamanoharan (Sr. Advocacy Officer, UK), Sagi Thilipkumar (Sr. Advocacy Officer, CH), Archana Ravichandradeva (Sr. Advocacy Officer, CA), Abarna Selvarajah (Advocacy Officer, CA), Thevya Balendran (Advocacy Officer, CA), Ernest Rajakone (Advocacy Officer, US), Luxsiga Ambigaibagan (Research Associate / Education Coordinator), Brannavy Jeyasundaram (Operations Officer) and Athavarn Srikantharajah (Interim Project Manager).

In addition to Manoranjan, did other members of the PEARL board of directors, as well as the PEARL team, live in the Northern and Eastern Provinces, during the conflict? Had their parents been refugees during the conflict? Had their parents served the LTTE, or any other terrorist organization? As PEARL had secured the services of a capable team, it can probe how 60,000-100,000 people disappeared during the conflict. Let me remind multiple causes for disappearances/ cases where bodies were not found.

* Disappearances resulted from fighting among /between Indian trained terrorist groups.

* Abductions of civilians carried out by Tamil terrorist groups

* Disappearances during Eelam War 1 (1983-July 1987) blamed on Sri Lankan military and police.

* Disappearances blamed on the Indian military during its deployment here (July 1987-March 1990).

PEARL should take into consideration the level of fighting between the Indian military and the LTTE as the former lost well over 1,300 officers and men and over 2,000 wounded.

* Those who disappeared /killed during weapons training in India

* Disappearances/deaths due to capsizing of boats taking youth to training facilities in India or while returning from India

* Those LTTE cadres killed by Indian security forces and police after the assassination of Congress leader Rajiv Gandhi on May 21, 1991 at Sriperumbudur, India.

* PLOTE cadres killed/disappeared during an abortive sea borne raid on the Maldives in early Nov 1988 and as a result of Indian military operations.

* Disappearances blamed on the Sri Lankan military during Eelam War II (June 1990 to 1994), Eelam War III ((April 1995 to Dec 2001) and Eelam War IV (Aug 2006 to May 2009)

* Those who perished while trying to reach Australia in boats.

* Clandestine movement of Sri Lankans facilitated by foreign missions in Colombo during the conflict and after.

* Issuance of new foreign passports to Sri Lankans under different names. One of the most glaring examples is Australia issuing a new passport to leader of the breakaway JVP faction Frontline Socialist Party (FSP) Kumar Gunaratnam bearing Noel Mudalige, a Sinhala Buddhist. Many countries continue to issue passports under different names, even to former members of terrorist groups.

*Those taken refuge in India and other countries to avoid forced conscription by the LTTE.

* Bodies disposed of by Sri Lankan and Indian militaries due to their failure to establish identities of the dead. Those killed during clandestine operations in the South. And finally,

* Political asylum in industrial countries for bogus refugees on the false grounds of persecution in Sri Lanka?

Let me end this piece with a story of an ex-LTTE cadre who ended up being an internationally renowned actor. Anthonythasan Jesuthasan, the lead actor of French film ‘Dheepan’ which won the top Palme d’Or prize for director Jacques Audiard at the 68th Cannes International Film Festival in 2015 had been an ex-LTTE cadre who fled the country in early 90s. Jesuthasan is on record as having said that he wanted to reach the UK but had to settle for France. Perhaps, members of the PEARL board of directors/team should watch ‘Dheepan’ if they hadn’t already done so.

Those who had been killed in combat though their bodies were not recovered and those who fled Sri Lanka for various reasons and are leading comfortable lives overseas while Sri Lanka is under pressure to account for the dead and the missing. The vast majority are those who had secured political asylum, on bogus grounds, taking advantage of hostility of some countries towards Sri Lanka.



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Midweek Review

leaves out Gash dispatches, Swiss embassy abduction drama and India’s accountability

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by Shamindra Ferdinando

Veteran journalist Tim Sebastian interviewed Foreign Secretary, retired Admiral Prof. Jayanath Colombage, in the immediate aftermath of the Geneva-based United Nations Human Rights Council (UNHRC) adopting accountability resolution in respect of Sri Lanka.

Twenty-two countries voted for the resolution, 11 against, whereas 14 abstained. The vote on Sri Lanka took place on March 23. Among those who abstained was India whose intervention here in the 80s caused a war that was brought to a successful conclusion in May 2009. But Sebastian was only interested in accountability on Sri Lanka’s part. He wasn’t concerned about Adele, who played a significant role in building a female fighting cadre for the LTTE, either.

“In the last few days, the UN Human Rights Council passed a landmark resolution highlighting your government’s failure to ensure accountability for human rights violations and mandating UN investigators to collect and preserve data that can be used in the future judicial proceedings. They did that Mr. Secretary because your abject failure to do it yourself and because of the worsening human rights climate in your country. Aren’t you ashamed of that?”

It was internationally acclaimed Sebastian’s opening question to Foreign Secretary Colombage in ‘CONFLICTZONE’ interview titled: Is Sri Lanka on the brink.

Admiral Colombage responded: “Well, Tim let me say the World War ended 78 years later… earlier and we still see the residual effects on the environment on the physical things and the Good Friday agreement was in 1998 and there are 116 walls which is called peace walls. Still…”

Sebastian interrupted Colombage. “We are not talking about Northern Ireland; Mr. Secretary We are talking about Sri Lanka and your failure to ensure accountability for human rights violations… which you have denied in other interviews.”

One-time Navy Commander, and the Additional Secretary to President Gotabaya Rajapaksa on Foreign Relations, Prof. Colombage received appointment as the Secretary to the Foreign Ministry following the last general election.

Admiral Colombage, who had served the SLN for 36 years, was its 18th Commander. He received the command in 2012, three years after the end of the war. Following his retirement, Colombage served as the Director of the Centre for India-Sri Lanka Initiatives and Law of the Sea Centre at the Pathfinder Foundation. At the time of his appointment, as Foreign Secretary, Colombage was the Additional Secretary to the President on Foreign Relations and the Director General of the Institute of National Security Studies Sri Lanka (INSSSL).

 

Relying on a backbencher’s speech

Let me examine the latest Geneva resolution against the backdrop of the ‘CONFLICTZONE’ interview and the Daily Mirror interview, titled ‘Govt. committed two mistakes’, with one-time Permanent Secretary to the Justice Ministry Dr. Nihal Jayawickrama published on March 27, 2021.

Responding to a query, Dr. Jayawickrama asserted: The mistake that the government appears to have made was to think that it was all about “40,000 deaths”, and to rely on a backbencher’s speech made in the House of Lords. It was never about that. Another mistake that the government appears to have made was to convince itself that the Resolution was initiated by “Diaspora Tamils” when it was not.”

Tamil Diaspora, based in the UK, Australia, and Canada, vigorously circulated the article in the wake of accusations the government compelled the newspaper to ‘kill’ it. The paper denied the accusations. The Global Tamil Forum (GTF) spokesperson Suren Surendiran tweeted: “Remarkably honest replies from Dr. Jayawickrama to some pertinent questions from the “Daily Mirror” Surendiran posted the entire text alleging government-imposed censorship.

Dr. Jayawickrama referred to Lord Naseby as a backbencher whereas Sebastian never referred to the Conservative Party politician’s disclosure in the House of Lords on Oct 12, 2017 or Admiral Colombage cared at least to mention it. If the government relied on Lord Naseby’s revelations, as Dr. Jayawickrama asserted, the former could have exploited the disclosure. The incumbent government conveniently refrained from taking advantage of Lord Naseby’s ‘work’ much to the dismay of the former Royal Air Force pilot who exposed the British duplicity.

 

A fresh Geneva initiative

Sebastian’s reference to fresh authorisation for UN investigators to collect and preserve data that can be used in the future judicial proceedings should have prompted Admiral Colombage to remind British television journalist and novelist how the UK government suppressed wartime dispatches from its High Commission in Colombo (January-May 2009). The proposed inquiry is scheduled to take place over a period of 12 months, commencing Sept 2021. In fact, during the entire interview, Sebastian conveniently never referred to how the UK suppressed dispatches from Colombo. Lord Naseby obtained some sections of the dispatches after nearly a three-year struggle. He had to seek the intervention of the UK Information Commission to lay his hands on those dispatches.

Leader of Sri Lanka Core Group in addition to being UNHRC member, the UK still refuses to release dispatches despite Geneva authorising a new Inquiry Team, led by a Senior Legal Advisor, to collect all available evidence pertaining to the war and post-war events. Those desperate to prevent the full disclosure of British dispatches from Colombo, obviously advantageous to Sri Lanka, call it a political statement. It was certainly not. Former Chief Justice Sarath Nanda Silva, in an interview with ‘Get Real’ anchor Johnney Mahieash, and subsequent queries from the writer, asked why the UK wanted to suppress dispatches from its own man in wartime Colombo Lt. Col. Anthony Gash who served as the British Defense Attaché throughout the Vanni war. The former CJ was of the view that Geneva should seek access not only to the UK dispatches but from other major countries, particularly the US, India, Germany and Canada. He pointed out that the wartime US Defense Advisor Lt. Col. Lawrence Smith contradicted war crimes accusations in 2011, six years before Lord Naseby revealed the existence of British wartime dispatches.

 

NPC and GTF back thorough inquiry

The Island sought National Peace Council (NPC) Executive Director Dr. Jehan Perera’s views on the following query: “Geneva set up a new inquiry mechanism at a cost of USD 2.8 mn to gather and examine evidence and information pertaining to the whole gamut of war crimes allegations and current developments. What is your stand on SLPP Chairman Prof. G.L. Peiris public call to the UK to submit Gash reports against the backdrop of the Samagi Jana Balavegaya MP Dr. Harsha de Silva, who once led the government delegation to the UPR (Universal Periodic Review) of Sri Lanka’s human rights record at Geneva backing the government call? Dr. de Silva’s all available info should be made available to the new Geneva inquiry team.”

Dr. Perera responded: “All evidence should be placed before the UN investigation unit and this includes the dispatches of Lt Col Anthony Gash as revealed by Lord Naseby.  The UN unit needs to seek that information itself to get a rounded perspective on the problem.

 “On the other hand, if the government formally makes a request for the Gash reports it will be accepting the legitimacy of the UN unit which is not its current position. Instead I would wish that the government resolves the issues laid out in the various UN reports through internal mechanisms that have the support of the political parties, including the minorities, within the country. 

“It is only if the country is internally united that we can go on the path of development that the government intends and respond successfully to international pressures. Otherwise it looks like our country is locked in a vicious cycle.”

Dr. Perera represented the country at the Geneva sessions during the yahapalana administration. 

The writer posed the same question to GTF’s Surendiran, who, too, backed examination of all evidence and information available. Surendiran said: “Of course all available evidence should be made available to the investigative team that will collect and analyse this evidence. No one should hinder that process of collection of evidence, be it the UK Government or the Government of Sri Lanka. In that regard, Sri Lanka if it has nothing to fear about should allow the investigators free access so that the collection process can be comprehensive and complete.”

 In fact, Wikileaks revelations pertaining to Sri Lanka, too, should be examined along with submissions received by the UNSG’s Panel of Experts’ (PoE/Darusman Report) that paved the way for the 2015 co-sponsorship of an accountability resolution. Would the new Geneva re-visit previously collected information, particularly by the PoE, covered by UN a 20-year confidentiality clause (2011-2031)?

 

UK bending backwards to protect

relations with Lanka

The FCO (Foreign and Commonwealth Office), in its objections filed with the Information Commission, following Lord Naseby’s bid to gain dispatches from Colombo, stated; “Lt. Col. Gash was the FCO’s defense attaché at the British Commission in Colombo during the closing stages of Sri Lanka’s civil war. Many of his dispatches contain information provided directly to him by his contacts in the Sri Lankan government, the Sri Lankan Army or other military sources. His reports indicate, he had access to reports on troop movements, Sri Lankan military strategic thinking, the movements of the LTTE and assessments of casualty figures. The effective conduct of international relations depends upon the free, frank and confidential exchange of information such as this. If the UK does not respect these confidences, then its ability to protect and promote UK interests through international relations will be hampered which will not be in the public interest.

Subsequently, the FCO asserted that it was of the view that releasing the information redacted on the basis of section 27(l) (a) would be likely to prejudice the UK’s relationship with Sri Lanka and would negatively impact on the information that they would be willing to exchange with the UK in the future. It further stated, the disclosure of the withheld information, in this case, was not in the public interest as it would be likely to damage the bilateral relationship between the UK and Sri Lanka. This would have the effect of reducing the UK government’s ability to protect and promote UK interests through its relations with Sri Lanka.”

 The Information Commissioner, on June 26, 2016, dismissed Naseby’s appeal for full disclosure of the Gash dispatches.

So, according to the FCO, disclosure of Gash dispatches would harm the UK’s relations with Sri Lanka. In the absence of proper examination of British role in promoting terrorism in Sri Lanka, successive UK governments allowed the LTTE a free hand. Wikileaks exposure of a secret meeting between the Norwegians (handling disastrous peace process) and LTTE theoretician Anton Balasingham in the immediate aftermath of Foreign Minister Lakshman Kadirgamar’s assassination in August 2005 underscored the privileged status enjoyed by the LTTE. Balasingham, one-time British High Commission employee who received British citizenship for services rendered to Her Majesty’s government lived freely there until his death due to natural causes in Dec 2006.

Over the years, the UK provided the wherewithal required by the LTTE to wage war in Sri Lanka. The British. contribution grew over the years in the wake of former Indian Prime Minister Rajiv Gandhi’s assassination in May 1991. It must be noted that the UK only removed the LTTE International Secretariat, established in London for many years, only after it assassinated Rajiv Gandhi for the obvious reason that its presence there was becoming too embarrassing even to the British. In fact when a visiting journalist from The Island, accompanied by a group of media persons from several countries, raised the issue of the LTTE having a big presence in the British capital during a visit to BBC Headquarters at Bush House in Central London around the time of the Rajiv assassination that year, he was given the lame excuse that the Tigers had not violated any UK laws. Despite the much-publicised British proscription of the LTTE, the latter operated a major fund-raising project that funded their war until the very end.

Perhaps, Foreign Secretary Colombage, during the interview with Sebastian, should have referred to the Wikileaks revelation of the then British Foreign Secretary David Miliband and his French counterpart Bernard Kouchner making a desperate bid to halt the military offensive on the Vanni east front. Towards the end of the ‘CONFLICTZONE’ interview, Sebastian queried about Inspector Nishantha Silva fleeing the country in the immediate aftermath of the 2019 presidential election.

 

Focus on Shani, Nishantha

Referring to the arresting of SSP Shani Abeysekera, Director, Criminal Investigation Division (CID) who inquired into several key human rights cases, Sebastian said: “…and another Nishantha Silva from the same Division had to leave Sri Lanka because of threats immediately after the last presidential election and you tell me that is the way a democracy which you claimed to have pursues justice does not look like it? Does it? Questioning how Nishantha Silva left the country suddenly, Prof. Colombage alleged it was all part of a conspiracy while strongly denying Sebastian’s accusation the officer was threatened. “All these things were planned. They were probably given lots of money to do these things…” Sebastian insisted: “You do not know that Mr. Secretary…”

It would have been better if Prof. Colombage pointed out that the Swiss Embassy involvement in the Nishantha Silva affair against the backdrop of one of its employees Garnier Francis (former Siriyalatha Perera) falsely accusing government agents of abducting her outside the mission and sexually abusing her. Sebastian conveniently refrained from referring to Garnier who had been Silva’s contact at the Swiss mission. The Swiss went to the extent of trying to evacuate Garnier and her family in a special air ambulance after their project meant to smear President Gotabaya Rajapaksa went awry. President Gotabaya Rajapaksa opposed the move to evacuate them. If not Garnier, too, would have ended up in Switzerland and a key campaign issue against Sri Lanka.

At one-point Sebastian chided Prof. Colombage whether he was proud of living in a country where child killers get presidential pardon? Sebastian was referring to President Gotabaya Rajapaksa releasing a soldier convicted of killing several persons, including children in the Jaffna peninsula. Colombage responded well, pointing out how post-war, Sri Lanka rehabilitated 12,000 terrorists, including children. Colombage posed a pertinent question whether presidential pardon is available only in Sri Lanka. Sebastian insisted he focused on Sri Lanka and not the rest of the world. Perhaps, Prof. Colombage should have reminded Sebastian how funds made available by those living in the UK prolonged the war in Sri Lanka. None of those shedding crocodile tears today bothered to protest when the LTTE used children as cannon fodder. The fact that children were used in suicide attacks, too, cannot be forgotten. Didn’t Rajiv Gandhi perish in a suicide attack carried out by a female Tiger cadre? A proper inquiry is required to ascertain and identify those members of Sri Lankan terrorist groups living in the UK and the rest of the world. The proposed new Geneva probe can facilitate Sri Lanka’s efforts to track down those living overseas, under assumed names, while they continued to be categorized as war disappeared.

Sebastian also raised the issue of disappearances and missing. In fact, former Prime Minister Ranil Wickremesinghe explained the cases of missing and disappearances during the yahapalana administration. Wickremesinghe pointed out how the so-called disappeared either died in combat or were now living overseas.

Prof. Colombage responded: “…most of the human rights defenders are receiving money from the West. We know their bank accounts. We know how much they have received.” The Foreign Secretary alleged they were not bona fide human rights defenders. Sebastian hit back: “You just smeared the whole lot of them in one sentence…”

Now that Prof. Colombage has quite rightly raised funding received by NGOs/civil society groups, let there be a public disclosure of the funding secured over the years. A Norwegian examination of its involvement in Sri Lanka released in 2011 revealed substantial funding made available to various civil society groups. The Norwegian report revealed how generous Oslo had been to those who facilitated its Sri Lanka project. As Geneva stepped up pressure on the country, the government should approach the issues at hand sensibly. Geneva should be priority No 1. The government cannot forget that no less than Commander of the Army Gen. Shavendra Silva, earlier the General Officer Commanding (GoC) of the celebrated 58 Division/formerly Task Force I was blacklisted by the US. Sebastian warned Prof. Colombage of dire threats posed by targeted sanctions imposed by individual countries. Member states might start applying targeted sanctions, asset freezers and travel bans against your state officials and others…. Are you ready for that?

Prof. Colombage responded: “If individual countries have a separate agenda not necessarily human rights but using human rights as a weapon there is very little we can do. Let us wait and see.” However, the former Navy Commander missed a golden opportunity to ask Sebastian what he thought of the Tamil community overwhelmingly voting for war-winning Army Chief the then General Sarath Fonseka at the 2010 presidential poll. Fonseka won all predominately Tamil speaking electoral districts in the northern and eastern districts, including Jaffna. In fact, bogus human rights campaign should have ended the day, Tamils declared their support to tough talking Fonseka, who survived a suicide attack in April 2006 to finish off the LTTE. If the LTTE succeeded in eliminating Fonseka and the then Defence Secretary Gotabaya Rajapaksa in 2006, terrorism would have triumphed. But fortunately for Sri Lanka both survived two separate LTTE suicide attacks targeting them in Colombo itself. That is the undeniable truth.

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Midweek Review

Convincing storytelling with engaging dialogue and three-dimensional characters

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‘10.34’ By Aditha Dissanayake, a Vijitha Yapa Publication

Reviewed by Nandasiri (Nandi) Jasentuliyana
Former Deputy Director-General, United Nations.

’10:34′ is a dramatic love story of a poetic and tender quality written with a deep respect for both the beauty and the danger to our blue planet seen from space as a vulnerable blob in the vast universe.

It is a contemporary romance that follows a woman, a committed environmentalist, as she navigates her life among men with differing feelings of the imperative of conservation stewardship.

This book is Gratiaen Award winner Aditha Dissanayake’s fourth novel, by far the best. This book is enjoyable to read due to the simplicity of the prose style and vividness of imagination. Though simple but thoughtful, the story is fun enough, and the unexpected twists and turns keep the reader engaged.

It is the story of two people finding love in unusual circumstances, albeit differently than either of them intended.

Aditha narrates a 24-year-old schoolteacher’s unexpected detour of accompanying her banker fiancé and migrating to New Zealand. The deviation begins when Kumi alights the morning Udarata Menike to visit her hometown in the fictional village of Maliyadda on the banks of the Kothmale Oya. She goes there directed by her Uncle in London to make the final arrangements to sell her grandfather’s ancestral property. Kumi finds the dilapidated property a piece of heaven on earth. Lush greenery with a creek flowing through the property has become the perfect home for all that nature creates. An ideal home for her as well she realises. She could hardly tear herself off from the allure of the place to return to Colombo, which she must, to see her fiancé off. He was going ahead to settle affairs in the new country they were moving to before Kumi arrives.

During her vacation to her ancestral village, abandoning her plans to stay at the bed and breakfast place where she had an eventful night with an unexpected visitor, she moves into the abandoned house that had once belonged to her grandparents. Kumi also struck a friendship with Vino Coomaraswamy, an editor of a publishing house in Lancaster, on holiday in Maliyadda, searching for his roots.

On return to Colombo, she finds her favourite mango tree, that shaded her room and to its rustling sounds which she fell asleep in the night, had been a victim of the insensitive confidant who failed to understand that perhaps her first love is nature. Incensed by the developments that followed and tugged by the spell cast over her by the sanctuary in Maliyadda, she makes an unintended quick return to the place she had felt at peace.

There, she finds comfort in her friends Vino and a Professor turned recluse whom she had met on her previous visit. The Professor was intruding on the property to record the often-ignored weeds and lesser-known plants in the mid-country for his next book.

Abandoning her plans to move to New Zealand with her urbanized banker boyfriend, she decides to make home the abandoned house that had once belonged to her grandparents. But in addition to preventing her Uncle from selling the land, Kumi must also prove to the Professor that she has no wish to harm the plants that he so loves.

Easily the best part of the book is how, as the story unravels, it becomes clear that Kumi and the Professor progress towards saving not only nature but themselves from their toxic relationships and past mistakes.

An essential aspect of the book is the author’s tender, discerning look at nature that is ever-present and is the thread that runs through the novel.

Aditha makes her characters very vibrant and three-dimensional and true to life. The main characters are compelling and enigmatic. Kumi is beautifully drawn – warm, bold, outspoken, intelligent, and kind to all living beings, whether human or part of nature, the type of character that carries an endearing story. Vividly portrayed, the men around her – Nadush, bright and bold as an up-and-coming banker, Kavan, intelligent and warm as a professor, and Vinoo, intelligent and outspoken as an editor would be.

The characters in this book are remarkable. The author shows a deep understanding of their roles and places them cleverly to keep the story moving. There are also secondary characters introduced for a few cameos. Even some of those who barely appear have a chance to shine, which tell us a lot about the storytelling.

The book is sprinkled with enjoyable dialogue, which is hard to write – and extremely hard to write well. Two people merely talking are not always engaging on the page, no matter how scintillating the dialogue. Novel writers are not screenwriters whose story is brought to life by an entourage of directors, actors, sound engineers, cinematographers. A novelist must describe the setting and provide all five senses for the reader. Readers will not know what things look like unless you show them.

Aditha’s text reads like a screenplay. The conversation between Kumi and the Tuk Tuk driver is such that a reader can hear it as if spoken aloud; the words do not lie inert on the page. When discourse flows, it’s easy to read and understand; it’s funny, revealing, poignant, and devastating all in one single sentence. The story is interspersed with engaging dialogue, and that’s part of what makes it effective. The dialogue is so catchy, so snappy, so utterly say-able, that the story could easily be made into a movie…

This is a wonderfully written novel with a captivating story that touches your heart, an engaging plot with so many twists, and endearing characters who were believable. The book affirms the depth of humanity’s relationship with nature and adds particular urgency to the cause of protecting the environment that nourishes all living beings. It is a delightful book.

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Midweek Review

‘Human Rights’ And Ecological Crisis In Sri Lanka

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‘The origin of the contemporary ecological and social crisis can be traced to the colonial period and the incorporation of the country into the global capitalist economy.’

By Prof. Asoka Bandarage

The recent UN Human Rights Council (UNHRC) resolution A/HRC/46/L.1/Rev.1 of March 16 has brought extensive charges against Sri Lanka over alleged human rights violations, but is arguably seriously flawed. Opportunistic and strategic use of human rights by the western powers to maintain hegemony continually ignore violations of the rights of nature and humanity rooted in the destructive model of economic development the same powers introduced to the world.

Historical Background

Ancient Sri Lanka was known for its Buddhist eco-centric approach to life. The origin of the contemporary ecological and social crisis can be traced to the colonial period and the incorporation of the country into the global capitalist economy.

Vast tracts of forest were cut to establish mono-cultural coffee, tea and rubber plantations and local people lost rights to ancestral lands and resources. Deforestation destroyed water resources that irrigated the rivers leaving village tanks dry. Multi-crop subsistence agriculture was undermined, leaving people to become dependent on imported food supplies.

Sri Lanka’s forest cover declined from 84% in 1881 to 70% in 1900 and to around 50% in 1948, when the British left. Deforestation and plantation development laid the basis for land erosion and loss of animal habitats and biodiversity.

The origin of the current human- elephant conflict is attributed to deforestation starting in the British era, along with the widespread colonial practice of killing animals for sport and trade. The revered elephant was declared a pest and a reward of a few shillings was given for the head of an elephant.

With the introduction of the Open Economy in 1977, Sri Lanka became subjected to neo-liberal policies such as privatization and structural adjustment, largely as conditions to loans from the World Bank and the IMF. The massive Mahawaeli River Development Program of this period provided access to land for the poor and a significant increase in the country’s food production and power resources. However, the construction of dams and irrigation networks, roads, and similar infrastructure also radically altered soil and water systems including degradation of watershed conditions and loss of wildlife habitat and populations.

A related agricultural reform began in the 1960s (the “Green Revolution”), with a campaign to promote the use of agrochemicals and transgenic crop varieties, resulting in the loss of original indigenous seed varieties. The Mahaweli program and irrigation have supplied the water for most of the rice cultivation in the North Central Province. This area ­is also – likely not coincidentally ­– the site of the nation’s highest incidence of chronic kidney disease among poor farming communities.

Current Realities

The rich industrialized countries in the Global North are responsible for nearly 80% of historical global carbon emissions. Yet poor countries in the global South, such as Sri Lanka ­– whose carbon footprint is negligible – are the greatest victims of climate disasters. The current and looming impact of climate change on Sri Lanka is massive:

Annual mean air temperature has significantly increased by between 1961- 1990 increasing 0.016 °C per year;

Annual average rainfall over Sri Lanka has decreased by about seven percent between the 1931-1960 period and the 1961 to 1990 period;

Forecasting the rise in sea level, Sri Lanka is faced with a predicted devastating coastal erosion rate of 0.30-0.35 meter a year, with adverse impact on nearly 55 percent of the shoreline.

The 2004 tsunami drastically highlighted the vulnerability of the low-lying plains in the coastal zone to any future rise in sea level. Northern and eastern coastal areas claimed as traditional ‘Tamil homelands’, are vulnerable to submersion as they are flatter than other coastal areas. This has serious implications for both population displacement and renewed political conflict, concerns totally absent in UNHCR Resolutions that focus on identity politics and calls for political devolution.

In 2015, the Internal Displacement Monitoring Center (IDMC), an international aid NGO, identified Sri Lanka ‘as the country with the highest relative risk of being displaced by disaster in South Asia. For every million inhabitants, 15,000 are at risk of being displaced every year in Sri Lanka’.

In 2017 alone, the country experienced seven disaster events, mainly floods and landslides, and ‘135,000 new displacements due to disaster. Sri Lanka is also at risk from slow-onset impacts like soil degradation, saltwater intrusion, water scarcity, and crop failure’.

Sri Lanka was ranked second among countries most affected by extreme weather events in the Global Climate Risk Index 2019 and sixth in 2020.

Deforestation

Deforestation is considered the greatest environmental threat facing Sri Lanka today. Sri Lanka ranked fourth among countries with worst deforestation of primary forests in the world in the 2000-2005 period. Forest cover, which had declined to about 50% at the end of British rule, has further declined to 44% in 1956 and 16.5 % in 2019.

A highly controversial current case is the housing development supposedly constructed for internally displaced persons (IDPs) on Willpattu National Wildlife Park. The housing will remain despite a recent court judgement that declared it illegal. The ‘polluter pays’ principle was upheld, but this only requires that the offender reforests other lands ‘in any area equivalent to the reserve forest area used for re-settlement of IDPs’. Even this court decision is under appeal by the 7th respondent, former Minister of Industry and Commerce, Rishard Badiuddin. Moreover, as ecologists point out, mere tree planting elsewhere will not lead to recovery of the intricate forest eco-systems that were destroyed.

Another major controversy involves the Sinharaja Rainforest covering an area of 18,900 acres. It is home to over 50% of the country’s endemic species and is a UNESCO World Heritage Site. Deforestation is now taking place in the Sinharaja area for the construction of a road for an isolated village bordering the Forest Reserve and for the suspected building of hotels, shops and other encroachments.

A National Plan based on surveys and clear demarcation of boundaries of Forest Reserves, Wildlife Sanctuaries and Conservation Areas and enforcement is urgently needed to avoid conflict and encroachment over remaining forests.

A recent announcement was made by the Government Minister of Irrigation, Chamal Rajapaksa, regarding proposals to construct two irrigation tanks inside the Sinharaja, each spanning an area of five acres, with Chinese involvement. A 30-kilometer water tunnel to transport fresh water to areas in the South (including possibly Chinese controlled Hambantota port) is also reported. This announcement has raised alarm over environmental impact and likely loss of the UNESCO World Heritage status.

Mining, Dumping and Export-led Growth

There are, unfortunately, many other environmental controversies, the most destructive of which involve export-led growth and foreign companies.

In 2017, 263 waste containers carrying biomedical, plastic and other waste from the UK was brought for illegal dumping in Sri Lanka. Such toxic dumping by rich Northern countries in the poor countries of the South is sadly a common practice. After a legal victory by environmentalists, the containers are being sent back to the UK.

A proposed new project in the Eastern Province is the Eastern Minerals Project of Capital Metal, a company from the UK which plans to mine the ‘highest-grade’ mineral sands containing ilmenite, rutile, zircon and garnet. While it promises to be a highly profitable venture, environmentalists fear massive and irreversible damage to the vulnerable eastern coastline.

Yet another controversial mining project is proposed by Titanium Sands, an Australian company,that wants to mine titanium on the island of Mannar off the northern coast of Sri Lanka. Mannar is a bird paradise and local environmentalists blame the Australian company of ‘illegal conduct’ and plans to dramatically transform the ecosystem and limit land use by the local community.

 

Neo-Colonialism

Just as the world is at the cusp of a new era of technological and corporate authoritarianism, Sri Lanka, with its strategic location in the Indian Ocean, is also at a decisive historical juncture. The island is facing new forms of external intervention and competition primarily involving the expansionist and national security efforts of China, USA and India. These three countries are also the biggest carbon polluters, pursuing unbridled economic growth despite the impending global climate catastrophe.

Sri Lanka is centrally placed in the maritime route of China’s Belt Road Initiative. China is now in control of the Hambantota port, the Colombo Port City, a terminal of the Colombo port and a hybrid renewable energy project on three islands off the Jaffna peninsula, just 50 km from the Tamil Nadu coast.

The Quadrilateral Alliance of the USA, India, Australia and Japan is challenging this Chinese expansion, and is, in turn, in control of key strategic positions and natural resources.

India, for example, is in control of the British colonial era Oil Tank Farm in the seaport town of Trincomalee. It is reported that the development of the west terminal of the Colombo port will also be given to the company of Indian billionaire Adani.

The US Millennium Challenge Corporation’s proposed Compact with Sri Lanka was turned down by Sri Lanka due to local protests over resource exploitation, land grab and an effort to splinter Sri Lanka into two separate entities under the control of the United States. However, there is suspicion that some of the main objectives of the MCC to digitalize land registers and privatize land to make them available for development by transnational corporations maybe be continuing in other ways.

The US signed an Acquisitions and Cross Services Agreement (ACSA) with Sri Lanka in 2017 making the island a ‘logistics hub’ allowing US military vessels open-ended access to Sri Lanka’s seaports and airports. The ACSA is part of the ‘grand strategy of a united military front between the US and India in the Indo-Pacific’.

A Status of Forces Agreement (SOFA) between the USA and Sri Lanka, which could turn Sri Lanka into a US military base, has been proposed but not yet signed due to local protest.

Neo-Colonialism and Eco-Social Implications

While the implications of Neo-Colonialism for Sri Lanka’s sovereignty, unity and territorial integrity have been much discussed in recent media, the ecological and social implications remain relatively unexplored. Some of these include:

Conflicts between Chinese interests and farming families around the Hambantota port over Chinese offers to buy ancestral properties of locals.

Protests and legal action by environmentalists over Chinese Port City, especially coastal sand excavation and dumping of chemical waste.

Control of the west terminal of the Colombo harbor by India’s controversial Adani Group, which has a history of environmental and financial violations in Australia and India.

Effects of militarization of the island under the ACSA and possible SOFA agreements and military confrontation between the Quadrilateral Alliance and China in the Indian Ocean.

 

Future Survival with the Wisdom of the Past

Sustainable agriculture has a long history on the island, as in any long-lasting indigenous culture, and it needs to be brought back to the fore. Local self-sufficiency and agro-ecology are the only solutions to future food scarcity and surviving the vicissitudes of the global economy.

Both Sri Lanka and the world have enough natural resources to support people if resources are shared equitably and sustainably used. It is the apocalyptic destruction of the unregulated greed of neoliberalism that must end.

For this to happen, policies of corporate regulation must be put in place at both the national and global levels. These policies also need to incorporate a broader definition of human rights that includes the rights of nature and people’s rights to natural resources and livelihoods. 250 major civil society organizations from around the world have signed a declaration calling for an end to ‘corporate control and cooptation’ of the United Nations including the U.N. Convention on Climate Change. Indeed, the moral authority of the United Nations and its partisan approach to human rights need serious questioning.

There is an urgent concurrent need for environmental education that transcends political party and ethno-religious divisions and unites people both with each other and with a survivable environment. Environmentalism is also humanism that looks to the future, and the rights and survival of future generations.

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