CLASSIFIED | POLITICS | TERRORISM | OPINION | VIEWS

"The Govt is not by any means isolationist" - Prof. G.L. Peiris

The Permanent Mission of Sri Lanka to the United Nations Office at Geneva 25th September 2007

Sri Lanka explains the present situation and its engagement with the international community

A Seminar titled "Internal Conflict, Humanitarian Law and the International Community" was held on Monday, 24th September 2007 from 13:00 to 15:00 in Room XXIV of the Palais des Nations. About 60 persons representing government and human rights-related non-governmental organizations attended.

The speakers were: Hon. Professor G.L. Peiris, Minister of Export Promotion and International Trade (Former Minister of Constitutional Affairs and Chief Peace Negotiator), Prof. Rajiva Wijesinha, Secretary General of the Secretariat for Coordinating the Peace Process and Mr. Yasantha Kodagoda, Deputy Solicitor-General, Attorney General's Department. It was chaired and moderated by H.E. Dr. Dayan Jayatilleka, Ambassador and Permanent Representatative of Sri Lanka to the United Nations in Geneva.

Following the introduction of the panelists by Dr Jayatilleka, Professor G.L. Peiris outlined the open and constructive engagement of successive governments in Sri Lanka with the international community, and the positive steps taken in striving to bring about a negotiated settlement to the conflict.

Describing the current situation in Sri Lanka he stressed that the Government was not by any means adopting an isolationist position. On the contrary it was sensitive to the concerns of the international community and was continuing the dialogue that had always existed between the government and the international community.

Minister Peiris said a consensus exists in Sri Lanka that only a negotiated political settlement that takes into account the aspirations of all concerned will result in a complete settlement of the conflict.

He reminded the audience that there was regular dialogue between the government and the facilitator, Norway and the four Co-Chairs, the EU, India, Japan and the USA. " Our involvement with the international community has a long history, for instance we invited the Norwegian government through bi-partisan consensus almost ten years ago to participate in our peace process. The Co-Chairs also play a critical function in the peace process".

Prof Pieris explained that the engagement with the international community is also reflected in the regular informal contacts with the diplomatic community within the country.

Professor Peiris stated that when parliament was in session there was a daily allocated time of 30 minutes (which invariably extended to a couple of hours), to meticulously discuss the concerns expressed by the international community with regard to the situation in Sri Lanka. He further elaborated on the priority given by the cabinet of ministers to important considerations regarding Sri Lanka's obligations within the sphere of international law and explained that the basic principles of international humanitarian law had been directly incorporated into the domestic legal system. This included the regular supply of essential items such as food and medicines to the Jaffna peninsula in spite of threats and attacks by the LTTE.

The Minister then spoke of the more structured interaction with the international community and civil society and outlined the role and functions of four mechanisms that were proving to be very productive in addressing the pressing humanitarian issues arising from the conflict.

These were the various humanitarian/human rights bodies set up by the government. The Minister of Human Rights chaired the following:

The Consultative Committee on Humanitarian Assistance (CCHA) which was an apex body meeting on a monthly basis was attended by the Secretary of Defence, relevant Presidential advisors, Secretaries of key ministries such as health, resettlement, nation building, the Commissioner General for essential services, the co-chairs represented currently by the U.S Ambassador, the UNDP representative, the heads of the other UN agencies such as WHO, WFP, UNICEF, ILO etc, ICRC, civil society, representatives from the Foreign Ministry, the Peace Secretariat and others. Policy decisions were taken at this meeting on humanitarian issues and implementation and follow up was promptly and effectively managed.

The other important body was the coordinating committee for issues pertaining to internally displaced persons (IDPs). This monthly interministerial meeting was also chaired by the Minister for Human Rights and addressed all aspects of the difficulties facing the civilian population in the conflict ridden areas. This meeting was attended by the relevant ministry representatives, government agents from the north and the east including areas such as Killinochi and Mullativu where the LTTE presence was dominant. Representatives from the international community, UN agencies, NGOs, INGOs and civil society were also present.

Furthermore the Minister of Human Rights chaired a third monthly interministerial committee on human rights, where relevant government agencies and the heads of relevant police and security forces units met to address alleged human rights violations and issues pertaining to reforms in various criminal justice agencies. The Minister also had an Advisory Committee on Human Rights consisting of representatives from the government and Civil Society Organizations and NGOs.

Prof Pieris welcomed the forthcoming visits of the Special Rapporteur on Torture, Manfred Nowak, the UN High Commissioner of Human Rights Madam Louise Arbour and the Special Representative of the Secretary General on the Human Rights of Internally Displaced Persons, Walter Kalin between October and December 2007.

He stated that the Government of Sri Lanka had acted on the reports submitted by Ambassador Allan Rock the Special Advisor to the United Nations Special Representative for Children and Armed Conflict Ms Radhika Coomaraswamy and appointed a high level committee to inquire into the allegations in these reports. In keeping with the UNHCR's 2007 Report, he stressed that there was no enforced resettlement of civilians in the Eastern Province or in any other part of the country.

While there were international instruments for the protection of human rights and humanitarian law, however, it was the elected government of the state and its institutions that were ultimately responsible for the welfare of the people of Sri Lanka. He further added that the Government has a sacrosanct obligation to protect the sovereignty and territorial integrity of Sri Lanka.

In conclusion, Professor Peiris stated that it was necessary to strike the correct balance between the security of the state and the human rights of individuals and that in this regard Sri Lanka has a proud record of cooperation with the international community.

The Secretary General of the Secretariat for Coordinating the Peace Process, Professor Rajiva Wijesinha stated that the Government of Sri Lanka welcomed the cooperation of the international community in the Sri Lankan quest for peace. However, it was important to recognize that this was a two way partnership, and while discussions with the LTTE were vital, it should not be treated as an equal partner. Some elements in the international community had given a status to the LTTE that was unacceptable, since it could not be treated as on a par with a democratically elected government.

The Secretary General therefore welcomed the report by the United Nations Special Rapporteur regarding the recruitment of child soldiers, and in particular its emphasis that the LTTE had ignored national law. Even a representative of UNICEF had once claimed that the LTTE needed to change its legislation so as to stop recruiting 17 year olds, and though she had promptly apologized, this sort of habit could spread and allow the LTTE to think its illegal activities were countenanced.

With regard to recruitment by the Karuna faction and alleged state complicity, he noted that specific instances should be cited. UNICEF had thus far provided one such incident but inquiry revealed that the Sri Lankan armed forces had taken prompt disciplinary action. Government policy in this regard was clear, and though aberrations might occur, the government was committed to prompt remedial action.

He pointed out that recent military action had to be seen in the context first of the breaches of the 2002 Ceasefire Agreement (CFA) committed by the LTTE being about 3,800 (with only around 350 by government) according to the Norwegian headed Sri Lanka Monitoring Mission (SLMM), and secondly the concerted military attacks launched by the LTTE a year ago in two theatres, north and east. He also reminded the audience that SLMM monitoring had declined following the departure of the EU contingent of the SLMM which currently only contains monitors from Norway and Iceland. The LTTE demanded that the EU monitors from Finland and Sweden leave following the proscription of the LTTE by the EU in May 2006. He was saddened that the EU acquiesced to this demand without any protest.

With regard to humanitarian problems as raised earlier by a Tamil educationist and clergyman, Prof Wijesinha pointed out that there had indeed been severe shortages in February. This followed on the closure of road aupply routes after the LTTE attack mentioned, then the attack on a Government of Sri Lanka ship ferrying supplies to the conflict areas which also carried SLMM personnel, The ICRC had then stepped in, but soon withdrawn after the LTTE refused to supply guarantees of safety. It was regrettable that the ICRC had not insisted to the LTTE that supplies by sea should be allowed and that the A9 road should be open northward from Omanthai all the time to facilitate the transportation of essential supplies to the civilians in the LTTE controlled areas. Fortunately, after the issue was raised at the CCHA meeting attended by Sir John Holmes, the ICRC had agreed to seek guarantees, and these had been obtained so that now the road northward was open five days a week instead of the previous three.

Deputy Solicitor General Mr. Yasantha Kodagoda addressing the Seminar said that in the context of the debates and discussions at the UN Human Rights Council, he wished to describe Sri Lanka as a 'troubled State', a 'concerned 'State' and as a 'responding State'. He elaborated this description in the following manner.

He said that Sri Lanka was a 'troubled State' as its very existence as a single sovereign State was being severely threatened by an internationally known ruthless terrorist outfit, namely the LTTE, which had the dubious distinction of assassinating two heads of State and nearly killing another. The LTTE had also carried out over 125 suicide bombings resulting in the deaths of thousands of innocent civilians and an innumerable number of terrorist attacks targeting civilians, democratically elected leaders, and security forces and police personnel. He said that the sole intention of the LTTE was to establish a mono-ethnic, mono-political sovereign State in the northern and eastern provinces of Sri Lanka through terrorism, wherein the LTTE could continue to oppress the people of that part of the country through dictatorial rule.He said that the LTTE was oppressing Tamils both in Sri Lanka and abroad through extortions and murders, etc. Therefore Sri Lanka was a 'troubled State'.

Mr. Kodagoda said that Sri Lanka was a 'concerned State' as it was aware and sensitive to human rights concerns raised by in particular the international community. He said that, it should be understood that these allegations of human rights violations were being leveled against the members of the security forces and the police, in the backdrop of their untiring efforts to combat terrorism. The Sri Lankan State was 'concerned' about the present situation.

He further said that, Sri Lanka is a 'responding State', as the Government of Sri Lanka was taking meaningful action within the framework of the Sri Lankan law, to address the concerns of the international community and such action included, inter alia, causing prompt investigations and inquiries into alleged human rights violations and conducting prosecutions against those responsible for such violations. He said that, in addition to the routine mechanisms that were being enforced to enforce the la and dispense justice, special mechanisms such as the Presidential Commission of Inquiry appointed to investigate and inquire into alleged serious violations of human rights, were in place and functioning vibrantly to ensure that all serious allegations pertaining to human rights violations are properly investigated and inquired into, and to ensure that perpetrators are brought to justice.

Mr. Kodagoda also explained that the Government was keen to continue its dialogue with concerned representatives of the international community including representatives of sovereign governments, officials of multilateral organizations and officials of international non governmental organizations, who were genuinely concerned about the situation in Sri Lanka. He said that, a reflection of this policy of the Government could be seen in its invitations extended to several senior UN officials to visit Sri Lanka and to observe the prevailing situation in the country. He said that, during the remaining three months of 2007, the UN Special Rapporteur on Torture, the UN High Commissioner for Human Rights and the UN Secretary General's Special Representative on the Internally Displaced Persons, were due to visit Sri Lanka on invitations extended to them by the government. He said that, the government was keen to show representatives of the international community the prevailing actual situation in Sri Lanka, explain action being taken pertaining to allegations amounting to human rights violations and share its experience with the international community regarding terrorism being perpetrated by the LTTE, its devastating impact and measures being adopted to combat terrorism.

He also explained that another manifestation of Sri Lanka being a 'responding State', was its response to terrorism continued to be unleashed by the LTTE, which is endangering the Republic and causing serious harassment to all people of Sri Lanka including the Tamil speaking people of the country. Mr. Kodagoda explained that the military was responding to terrorism of the LTTE by launching well planned highly focused pre-emptive military attacks of self-defence on the LTTE, with the primary objective of liberating Tamil speaking people of Sri Lanka from the unlawful domination, control and oppression by the LTTE. He said that the government would continue to take all necessary lawful measures to provide security to the people of Sri Lanka and to prevent the LTTE from threatening the territorial integrity and sovereignty of Sri Lanka.

Mr. Kodagoda also explained that the State of Sri Lanka was 'responding' to the ethnic conflict, by seriously pursuing the development of a political consensus aimed at formulating a restructured constitutional arrangement for Sri Lanka so as to provide equal regional autonomy to people living in the several provinces of Sri Lanka, resulting in optimal executive power sharing and legislative devolution, in a manner that would not endanger the sovereignty and territorial integrity of the Republic.

All three panelists stressed the need for a comprehensive peace settlement which addressed the concerns of all Sri Lankans while maintaining the sovereignty and territorial integrity of Sri Lanka.

The statements by the panelists were followed by a discussion and a question and answer session.

Disclaimer: The comments contained within this website are personal reflection only and do not necessarily reflect the views of the LankaWeb. LankaWeb.com offers the contents of this website without charge, but does not necessarily endorse the views and opinions expressed within. Neither the LankaWeb nor the individual authors of any material on this Web site accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer arising out of your use of or reliance on information contained on or accessed through this Web site.
All views and opinions presented in this article are solely those of the surfer and do not necessarily represent those of LankaWeb.com. .

BACK TO LATEST NEWS

DISCLAIMER