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Midweek Review

War crimes:

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UN going the whole hog

By Shamindra Ferdinando

The newly formed Civil Society Platform (CSP) on Monday (13) dealt with entire range of accountability issues and the re-imposition of a state of emergency on the pretext of addressing food distribution. The media received the comprehensive statement endorsed by 30 organisations, and 36 individuals, soon after the Geneva-based United Nations Human Rights Council (UNHRC) declared its intention to go ahead with fresh investigation, as mandated at the 46th session.

The hard-hitting CSP statement should be examined against the backdrop of a dialogue between a new collective of civil society activists, grouped as Sri Lankan Collective for Consensus (SLCC). The civil society appears to be divided over their strategy in respect of President Gotabaya Rajapaksa’s government. However, UN Rights Chief, Michelle Bachelet, one-time Chilean President, in her hard-hitting statement, at the onset of the 48th session, made reference to the meeting President Gotabaya Rajapaksa had with SLCC on August 3. That is a quite a development. But, nothing has changed in Geneva and the war-winning country is on the UN agenda.

A recent statement, issued by the Executive Director of the National Peace Council (NPC), Dr. Jehan Perera, on behalf of SLCC, dealt with several contentious issues.

The statement issued, subsequent to a meeting the group had with newly appointed Foreign Minister Prof. G.L. Peiris, raised the following issues: the declaration of State of Emergency, Cabinet of Ministers giving the go ahead for the Legal Draftsman to prepare ‘NGO legislation,’ continuing harassment of NGOs, abolition/amendments to the Prevention of Terrorism Act (reference was made to those who had served the LTTE and the 2019 Easter Sunday carnage suspects), implementation of the 13th Amendment to the Constitution, and holding of long-delayed Provincial Council polls, land issues in the Northern and Eastern Provinces, language issue, hate speech and misuse of the ICCPR Act, step-motherly treatment of Tamil-speaking people, by denying them participation at national events, and targeting of the Muslim community.

The above litany, however, sounds only too familiar and the chorus is the same. They have packaged themselves under the new name SLCC, but being backed by the West, have been pushing the same agenda for decades. The CSP is no different. No one ever bothered to ask for an explanation from the TNA for recognising the LTTE as the sole representative of the Tamil-speaking people, in 2001, thereby paving the way for the Eelam War IV a couple of years later. Similarly, no one ever inquired into the clandestine relationship between UN Colombo and the LTTE. Geneva is also silent about the origins of Sri Lanka terrorism (Indian intervention).

As happened in Afghanistan, with the now infamous independent media of the West, which unquestioningly only pushed the narrative of the military industrial complex of mainly the US and the UK, for decades, have now suddenly metamorphosed into finally questioning what went wrong, only after all their lies about Afghanistan and elsewhere began to crumble overnight. Interestingly, they are pointing fingers at everyone else, except at themselves, for not having done the job as an objective media. Theirs has been, for quite some time, an embedded media that cheered on the military industrial complex and the Wall Street. May be there, too, it was all due to filthy lucre.

Prof. Peiris, who had served as the Foreign Minister during the then President Mahinda Rajapaksa’s second term (2010-2015), received the same ministry on Aug 16. The academic, who once headed the government delegation for Oslo-arranged talks with the Liberation Tigers of Tamil Eelam (LTTE), has assured the SLCC of the government’s readiness to work with the civil society.

The SLCC statement, headlined ‘Promise of a fresh approach for resolving national issues’, at the onset, insisted that the discussions the group so far had with President Gotabaya Rajapaksa, the then Foreign Minister Dinesh Gunawardena, Finance Minister Basil Rajapaksa, Justice Minister Ali Sabry, Youth and Sports Minister Namal Rajapaksa, Regional Cooperation State Minister Tharaka Balasuriya and Foreign Secretary Admiral Jayanath Colombage failed to yield the desired results. So they still want the pound of flesh paid for by the West and nothing less?

Prof. Peiris seems confident that the government’s interaction with the civil society can be utilised in their dialogue with the international community, whereas the SLCC assured the new administration of its support to address concerns among the international community. However, their support would depend on the government’s readiness to address the issues raised by them.

In addition to Dr. Perera, who had represented Sri Lanka at the Geneva-based United Nations Human Rights Council (UNHRC), in March 2018, on the invitation of the late Foreign Minister Mangala Samaraweera, several other prominent civil society activists joined the discussion with the government. It would be pertinent to mention that the SLCC has quite justly accepted that it did not represent, what it called, the larger civil society and recognised themselves as a group of individuals, drawn from multiple sectors of society, religion, academia and non-governmental organisations, dedicated to a country established on the high sounding ‘ideals of pluralistic coexistence, human rights and justice’, but found nowhere in the world, especially not among the self-appointed good guys of the West. Just look at how they still treat their Blacks, especially by their famed law enforcers.

The SLCC comprises (1)Ven. Kalupahana Piyaratana Thera – Inter religious Alliance National Unity, Chairman, Human Development Edification Centre working for peace Reconciliation and Ecology for more than 25 years. Peace activist for more than two decades (2) Bishop Asiri Perera – Retired Bishop/President of Methodist Church (3) Rev. Fr. C.G. Jeyakumar – Parish Priest Ilavalai and Lecturer at the Jaffna Major Seminary, Human Rights Activist (4) Dr. Joe William – Founder member and Chairman of National Peace Council, Director, Centre for Communication Training and Convenor, Alliance for Justice (5) Prof. T. Jayasingam – Director NPC, former Vice Chancellor of Eastern University and former member, Public Service Commission of the Eastern Provincial Council (6) Prof. Kalinga Tudor Silva – Professor Emeritus Dept of Sociology, University of Peradeniya (7) Dr. Dayani Panagoda – Social Activist, former director of Secretariat for Coordinating the Peace Process and Lecturer, former member of the Official Languages Commission (8) Ms. Visaka Dharmadasa – Peace Activist, Chair of Association of War Affected Women (9) Dr. Jehan Perera – Executive Director of NPC (10) Dr. P. Saravanamuttu – Founder and Executive Director, Centre for Policy Alternatives (11) Hilmy Ahamed – Vice President, Muslim Council of Sri Lanka, Civil activist with 35 years of communicating on issues of Peace and Justice, Chairman of Young Asia Television (12) Sanjeewa Wimalagunarathna – Former Director of Secretariat for Coordinating Reconciliation Mechanisms (13) Rohana Hettiarachchi – Executive Director PAFFREL (14) Javid Yusuf – Former Ambassador to Saudi Arabia, former Principal, Zahira College and Founder member and Governing Council member, National Peace Council NPC (15) Varnakulasingham Kamaladas – President, STA Solidarity Foundation, Vice President Batticaloa-Ampara Hindu Temples Federation, former President of Inland Association of Non-Governmental Organisations (INAYAM) Batticaloa, and (16) Ms. Sarah Arumugam – Human Rights Lawyer.

SLCC responds

Dr. Perera emphasized that they were prepared to work with any party to achieve genuine post-war national reconciliation.

The livewire behind the NPC Dr. Perera responded swiftly to several questions posed to him regarding the latest civil society initiative.

(1) The Island: Did the SLCC reach consensus with what it called ‘wider Sri Lanka civil society’ regarding the dialogue you are having with the SLPP administration?

SLCC:

No, we did not. SLCC is a loose collection of individuals drawn from civil society organisations that have reconciliation and peace building aims in their work. We have no one leader or office-bearers. Each of us is part of other networks where we have discussed the stands we take. But we do not speak as their representatives. Our common position is commitment to a united Sri Lanka that is founded on ideals of pluralistic coexistence, human rights and justice.

(2) The Island: When did you set up the SLCC?

SLCC:

We could say it was on June 23, 2021. That was the day we decided on our name. This followed two earlier consultations, organised by the Association of War Affected Women (AWAW), which were held in Kandy, to have an in depth discussion on the lessons learnt through our reconciliation process. We felt there was a need for a group, such as ours.

(3) The Island: Did you have discussions with the TNA (Tamil National Alliance) or other Tamil parties, represented in Parliament, regarding the current initiative?

SLCC:

We have not met with the TNA as yet, though we plan to meet them, and other parties, too. Earlier on we met with Charitha Herath of the SLPP, leader of the DPF Mano Ganesan, General Secretary of the SJB, Ranjith Madduma Bandara. More recently we met with Leader of the Opposition Sajith Premadasa. We had arranged for a meeting with the Chairman of the National Movement for Social Justice, Karu Jayasuriya, but this was postponed and we hope to have it soon.

(4) The Island: Who decides the agenda?

SLCC:

Agendas of the meetings are decided by consensus, prior to the meeting, based on the need and the responsibilities of those whom we meet. Usually, following a self-introduction, we present the issues highlighted in the memorandums we have submitted.

(5) The Island: You represent the NPC, Dr. Pakiasothy Saravanamuttu represents the CPA and all others in the SLCC are members of various civil society groups. Do the SLCC members represent those organisations in the ongoing dialogue?

SLCC:

Those in the SLCC are mostly heads of organisations, who will naturally be in line with the positions of their organisations in any discussions on principle or decisions arrived at. But they are here as members in their personal capacities.

(6) The Island: Did the SLCC ever discuss these issues with the late Mangala Samaraweera?

SLCC:

No, we did not.

(7) The Island:

On the basis of BHC cables (Jan-May 2009), Lord Naseby, in Oct 2017, challenged the massacre claim of 40,000 on the Vanni east front as mentioned in the Darusman report. In June 2011, US Embassy staffer, Lt Col Smith, at the 2011 Defence Seminar, in Colombo, denied war crimes accusations (weeks after the release of Darusman report).

(8) The Island: Did government representatives or the SLCC referred to/discussed/raised the need to examine the BHC cables during discussions?

SLCC:

We limited our discussion to issues that we presented in our memorandums to them with a view to be forward looking. This included the Office of Missing Persons and its work. We did not discuss the death toll, at the end of the war, or issues of war crimes.

Contentious issues

Some of them had been involved in previous peace initiatives, including the Oslo project, finalised in Feb 2002. The SLCC has essentially pursued issues that had been taken up by a section of the international community (those who voted for Geneva resolutions or conveniently abstained) both during the conflict and after. Let me reproduce the SLCC’s stand on three key issues verbatim as mentioned in a memorandum handed over to Prof. Peiris.

Prevention of Terrorism Act:

Until the promised amendment of the Prevention of Terrorism Act, to cease using this law to detain people and to expedite the release of those taken into custody, under its draconian provisions, either on bail or totally where there is no legally valid evidence to justify their continued detention, especially when they have not even been charged. This applies to both long term LTTE prisoners and more recent Muslim prisoners with only a peripheral relation to the Easter Sunday bombings.

Provincial Councils:

Improve the implementation of the 13th Amendment and expedite the holding of provincial council elections so that the ethnic minorities may enjoy a measure of self-governance in the areas where they predominate.

Targeting of Minorities:

The issue of Muslims being targeted continues to fester in proposed legislation regarding personal law, the continuing refusal to permit burial of Covid victims, except in a single designated location and the imprisonment, without trial, of a large number of Muslim persons, following the Easter bombings. All communities need to feel that they have been fairly consulted and treated without discrimination for national reconciliation to become a reality.

The 13th Amendment is quite a contentious issue, especially against the backdrop of India stepping up pressure over its implementation. The government is in a quandary as regards the much delayed Provincial Council polls. Today, the government, the Opposition, the civil society and the international community had conveniently forgotten the origins of the Sri Lankan imbroglio. Clandestine Indian intervention long before the July 1983 riots, most probably precipitated by the then 20th Century Fox JRJ openly flirting with the idea of giving the Trincomalee deep harbour to the US. The subsequent building up of terrorist power, leading to the forcible deployment of the Indian Army in Northern and Eastern regions, in July 87, paved the way for the 13th Amendment. Sri Lanka almost disintegrated.

Unfortunately, successive governments quite clearly failed to examine the current situation in a proper perspective. There had never been a genuine attempt to set the record straight. The incumbent government, too, pathetically failed to address accountability issues properly. Dr. Perera’s response to The Island query, based on Lord Naseby’s challenge and Lt. Colonel Smith’s denial of war crimes accusations six years before, revealed the failure on the government’s part to recognise the threat facing the country’s unitary status. Prof. Peiris and the SLCC owed the public an explanation how they discussed matters, including Office of Missing Persons, or OMP, leaving the primary accusation that the military killed 40,000 Tamil civilians on the Vanni east front. That is the charge Sri Lanka continues to face in Geneva, though Prof. Peiris’s predecessor, Dinesh Gunawardena, declared, in the Feb-March 2020, sessions, the government’s decision to quit the 2015 resolution. In fact, Sri Lanka is now facing a new investigation and actions so far taken by the incumbent government seems insufficient. As long as HRC turns a Nelsonia eye to all the grave crimes the West has committed and continuing to commit, from Palestine to Libya, Iraq, Syria, etc., how can we expect any fairplay from it. Maybe Minister Gunawardena played the only card there, we could have played, considering the ground realities.

The rationale in seeking the support of the civil society should be studied, taking into consideration the government’s failure to revisit accountability issues. Instead, having repeatedly promised the electorate in the run-up to the 2019 presidential and 2020 parliamentary polls, a robust defence at Geneva, the government appeared to have accepted the agenda, pursued by Ranil Wickremesinghe and the late Mangala Samaraweera.

The Sirisena-Wickremesinghe government established the OMP, in August 2016, less than a year after the signing of the Geneva resolution. The OMP came into being under controversial circumstances with the then Joint Opposition (now SLPP) accusing the Sirisena-Wickremesinghe government of jeopardising national security. Today, the incumbent government has accepted responsibility for taking forward the much maligned and controversial Geneva process, much to the disappointment of those who genuinely believed an attempt would be made to reverse the project.

Key architects of the yahapalana project are in the current Parliament. Ranil Wickremesinghe is the solitary UNP MP. The former PM entered Parliament on the National List whereas Maithripala Sirisena returned from his home base Polonnaruwa after having contested the last general election on the SLPP ticket. Sirisena’s SLFP is the second largest constituent with 14 lawmakers, including one National List MP. As regards the accountability issue, the government seems to be moving in a direction contrary to the much publicised promises made.

In the absence of cohesive Sri Lanka response to Geneva threat, interested parties, such as the Human Rights Watch (HRW) and Amnesty International, have been freely bashing Sri Lanka. Massive foreign funding to the civil society lobby here and various other outfits are meant to ensure they follow the dictates of their sponsors. Often repeated claims that they refrained from taking government funding should be examined taking into consideration how these groups pursued Western interests and those of various other parties.

Pawns of Peace: Evaluation of Norwegian peace efforts in Sri Lanka (1997-2009)

, released in 2011, two years after the eradication of the LTTE, provided an insight into foreign funding for a particular purpose. The Norwegian study dealt with funding provided to various peace merchants assigned the task of propagating the inevitability of a negotiated settlement in the absence of military muscle to bring the war to a successful conclusion. For Norwegians funding for such initiatives had never been a problem. Sri Lanka is a case in point. They lavishly spent on the dicey Sri Lanka project on the basis that the LTTE cannot be defeated militarily, the then government has no option but to accept a deal even at the expense of the country’s territorial integrity and sovereignty.

The Norwegian report revealed the funding of Sri Lankan outfits to the tune of USD 28 (NOK 210 mn) mn during the conflict. The recipients included Dr. Kumar Rupesinghe’s Foundation for Coexistence (largest single beneficiary with USD 6 mn during 2004-2008 period), the then Minister Milinda Moragoda’s MMIPE for humanitarian demining, Sarvodaya, Sewalanka (its former head Harsha Kumara Navaratne, an original extremely talented breakaway from Sarvodaya and now a member of the Human Rights Commission will soon relinquish office to take over Lanka mission in Canada as HC), Sareeram Sri Lanka National Foundation, Hambantota District Chamber of Commerce, One-Text Initiative, the National Anti-War Front also led by Dr. Kumar Rupasinghe, the National Peace Council, the Center for Policy Alternatives, the Forum of Federations and the People’s Peace Front.

The Norwegians also provided funding to the TRO (Tamil Rehabilitation Organization) an LTTE front organisation. The Norwegians went to the extent of providing funding to the then LTTE Peace Secretariat though it knew the group was rapidly preparing to resume hostilities. When Norwegian funding of LTTE front organisations drew strong condemnation, they funded the setting up of a Buddhist academy in Kandy in addition to reconstruction of Buddhist temples on the southern coast destroyed by Dec 2004 tsunami.

However, Prof. Peiris in a note recently submitted to diplomatic missions, based in Colombo, ahead of the 48 Geneva sessions, emphasised that the March 2021 resolution adopted by a divided vote hadn’t been accepted by Sri Lanka, rejected establishment of an external evidence gathering mechanism targeting Sri Lanka and questioned the rationale in spending meager financial resources on such a politically motivated Geneva initiative. The FM’s note dealt with progress made as regards port-war reconciliation with the focus on OMP operations, Office of Reparations, Office for National Unity and Reconciliation, Sustainable Development Goals, National Human Rights Commission, Presidential Commission of Inquiry, Accountability, PTA, Pardon to ex-LTTE cadres, Resettlement of IDPs, Releasing of Lands, engagement with the civil society (Prof. Peiris referred to the discussion President Gotabaya Rajapaksa had with SLCC on Aug 3, 2021) and International Human Rights and other Treaty Obligations and Engagement with the UN Special Procedures Mandate Holders.



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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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