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Sri Lanka Peace Chief holds wide ranging discussions in Geneva

The Permanent Mission of Sri Lanka to the United Nations Office at Geneva
01st February 2008

The Secretary General of the Secretariat for Co-ordinating the Peace Process (SCOPP) in Sri Lanka, Prof. Rajiva Wijesinha was in Geneva this week to participate in a discussion on Sri Lanka after the Ceasefire which was designed to brief the international community about recent developments in the country. He held a number of meetings with ambassadors and officials engaged with Sri Lanka.

Meeting with H.E. Mr. Doru Romulus Costea, President of the Human Rights Council

Prof. Wijesinha briefed the President of the Human Rights Council H.E. Mr. Doru Romulus Costea of Romania about the reasons for the abrogation of the Ceasefire Agreement (CFA), and the aftermath. He noted that his visit was to help correct certain misconceptions about Sri Lanka amongst some members of the international community. In particular, Sri Lanka had been concerned about the statement of the High Commissioner for Human Rights, since it was not clear that her mandate extended to political issues. Though concern for Human Rights could be expressed in any context, the language she had used had lent itself to being made use of by opposition politicians and supporters of terrorism to suggest that the UN would assist in inhibiting legitimate action to put a halt to terrorism.

He added that such comments should, in accordance with the Paris Principles which led stress on consultation with officials on the ground, have been made after the views of personnel in Sri Lanka had been sought. Such pronouncements, repeated also by some other agencies, could harm the active cooperation which characterized relations now between Sri Lanka and UN agencies working in Sri Lanka. He added that the government had welcomed the report of Prof. Walter Kalin, the Representative of the UN Secretary General on Internally Displaced Persons (IDP)'s with regard to the Human Rights of IDPs, since that had noted the positive steps taken by the government while drawing attention to areas of possible abuse regarding which remedial action was recommended. It was that sort of partnership that was desired rather than loose statements which could be used to undermine government action. He noted that measures had already been taken to increase confidence in the police, through recruitment of minority members and teaching of Tamil to promote a bilingual force.

Prof. Wijesinha also pointed out that criticism of the Sri Lankan Human Rights Commission suggested ignorance of a report commissioned in April 2007 by the UNDP. That report noted shortcomings both in the current Commission and its predecessor, but suggested methods of improvement. The pleas of the HRC for support, including for international UN volunteers for Regional Centres, had been ignored, and the result was recent unequivocal criticism of an institution that had recognized shortcomings and asked for aid.

The President of the Council had not seen that report, but said he would make it a priority to find a copy. He noted that there were different interpretations of the mandate of the High Commissioner, but pending clarification, there was clearly an opportunity for the Sri Lankan government to enter a constructive dialogue with the concerned member states of the Human Rights Council at the review of the Universal Periodic Review (UPR) where Sri Lanka will be presenting its country report in May 2008. He welcomed the readiness to share information by the Sri Lankan Government, and said that the UPR process could be a new leaf in the debate on Human rights for Sri Lanka to clarify issues. He further mentioned that the intention of the UPR is not for the member states to make judgments on others or to stick labels, but to assist with improving the situation.

Prof. Wijesinha confirmed that Sri Lanka was happy to continue with the dialogue and hoped to improve the situation, but it would help if some members of the international community changed what seemed dogma and accepted that it would not be appropriate to press for a field office of the Office of the UN High Commissioner for Human Rights (OHCHR) in Sri Lanka. Positive responses to requests for assistance, for areas suggested also by Special Rapporteurs, would be most welcome.

Meeting with H.E. Ms. Bente Angell Hansen, Ambassador of Norway

H. E. Ms. Hansen recalling memories of her childhood which had been spent in Sri Lanka where her father had been working said that since then she had closely followed the situation there. She understood the importance of language issues, and was pleased to find that English medium education had been introduced and that bilingualism in the other two languages was encouraged.

With regard to the abrogation of the CFA, Prof. Wijesinha noted that several flaws in the CFA were taken advantage of by the LTTE, which continued to bring in arms and recruit children and carryout assassinations. Prof. Wijesinha expressed his appreciation for the general attempts of the Sri Lanka Monitoring Mission to maintain accurate records which made clear the relentless violation of the CFA by the LTTE. He mentioned that the government was happy to continue with Norway as the Facilitator and hoped the abrogation of the CFA would liberate Norway to work now with Tamil groups that had accepted democracy, since previously they had worked only with the LTTE.

This was more important since the government was determined, as shown by the recent prompt acceptance of the All Party Representative Committee (APRC) proposals, to move to a political solution to the main Sri Lankan problems. There were many moderate political parties in Sri Lanka which were prepared to participate in democratic activity to justify their claim to represent the people.

The Ambassador appreciated the briefing and affirmed the commitment of Norway to work together with the Sri Lankan government to promote a solution.

Meeting with H.E. Dr. Juan Somavia, Director General of the International Labour Organization (ILO)

Prof. Wijesinha spoke of the importance the government attached to livelihood development in areas affected by conflict, and mentioned that he had felt that the UN had paid insufficient attention to this in coordinating Humanitarian Assistance. He mentioned a recent informative study on aid programmes issued by the Institute of Policy Studies in Sri Lanka which noted that this area had been not as well coordinated as others after the Tsunami. DG ILO mentioned that there was a tendency now to stress basic goals as emphasized in the UN's Millennium Development Goals, but he appreciated that in the context of rehabilitation and reintegration, there was need of more to ensure that former militants would feel they would be advantaged by aid programmes.

Prof. Wijesinha also mentioned the need for greater stress on the globalization of labour since, as noted in a seminal paper by Senator Pimentel of the Philippines delivered to the Council of Asian Liberals and Democrats, the globalization agenda tended to concentrate on goods and services and finances, areas in which the developed world was strong, rather than on labour which was the strength of the developing world. DG ILO appreciated the need for more work in this area, and mentioned his interest in working together also with the political internationals.

Meeting with the Apostolic Nuncio Mgr. Silvano M Tomasi, Head of the Holy See Observer Mission to the UN in Geneva

Prof. Rajiva Wijesinha thanked Mgr. Silvano M. Tomasi for the cooperation between the Holy See and Sri Lanka in many areas of common interest, and explained recent developments. He pointed out that it was inappropriate to talk of the abrogation of the CFA as showing the Government's decision to go for a military options, since the Government's decision to respond to terrorist activity, so as to ensure it could not continue to adversely impact citizens, had commenced over a year previously.

He explained efforts to ensure the confidence and support of the majority of Tamils who abhorred violence and separatism whilst seeking greater control over their own lives through political reform. He mentioned the role that religious and educational leaders could play in representing citizens' concerns, and mentioned the efforts, initiated by bishops of the area, to establish a ferry service between the north and Mannar. He explained that these efforts had been stymied by failure to get security guarantees from the LTTE.

Meanwhile the Government, in advancing a political solution, understood the need for promoting interaction between the communities as well as enhancing opportunities for children from areas affected by war. The Apostolic Nuncio appreciated the importance of such efforts and responded positively to the suggestion that the Church could play a significant role in enhancing educational opportunities, welcoming the concept paper that Prof. Wijesinha handed to him.

Prof. Wijesinha also mentioned the proposal for a Zone of Peace around Madhu that had been prominent in H.E. the President's election manifesto. Though promoting this might not be immediately possible, he hoped that the Church would assist in the project when the area was peaceful and free of terrorist threats.

The Apostolic Nuncio mentioned the need to ensure that human rights were safeguarded. Prof Wijesinha mentioned that this was the aim of the government and that it would welcome UN assistance to strengthen national institutions.

Meeting with Professor Walter Kalin, Representative of the UNSG on IDPs

Prof Wijesinha expressed the general satisfaction of the Government with Prof. Kalin's report, since it mentioned the efforts made by the Sri Lankan Government to remedy the situation of IDPS, whilst drawing attention to problems and making constructive suggestions as to how these could be resolved. He stressed the desire of the Government to implement the recommendations in the report as soon as possible.

He noted that 200 Tamil speaking recruits had been trained for the police, and there were plans to recruit 400 more. He noted that the reduction of LTTE threats had liberated Tamils and Muslims who were willing to serve their country in this profession, and mentioned also the concern about developing Tamil language skills in service personnel.
He noted efforts being made, with assistance from Consortium of Humanitarian Agencies (CHA), to ensure, as Prof. Kalin had recommended, that contingency plans were in place in case of sudden increases in people displaced or otherwise adversely affected by conflict.

He mentioned his concerns about livelihood development, as discussed also with the ILO, and Prof Kalin agreed that humanitarian assistance and the development phase should go hand in hand to achieve short-term and long-term results in such situations.

Professor Walter Kalin appreciated the commitment of the Government to implement his recommendations. He affirmed the need to maintain exit routes in conflict situations, and noted that this had been satisfactorily done in the later stages of conflict in the east, though there had been some problems earlier. He mentioned in this regard, the importance of maintaining a regular dialogue with the security force commanders on the ground.

Meeting with H. E. Mr. Nick Thorne, Permanent Representative of the UK to the UN in Geneva

Professor Wijesinha reiterated requests he had made for better structured UK assistance with police training and with rehabilitation programmes in Sri Lanka. He appreciated Ambassador Thorne's previous memoranda in this regard, but said that, after an initial meeting and very polite telephone contact, he had not received a concrete response from the High Commission in Colombo.
Since the (Department for International Development), DFID too had expressed appreciation of the concepts, he hoped this could be expedited with the arrival of a new High Commissioner, and he hoped that, with the Ambassador's human rights concerns, he would assist in this.

Ambassador Thorne noted the limitations of his position in this respect but said he would keep counterparts informed of the request as he had done in the past. He noted continuing British concerns about human rights monitoring, and was briefed about the UNDP report on the National Human Rights Commission and Sri Lankan concerns with regard to recent statements that might reflect on the current very helpful UN officials in Sri Lanka.

Meeting with H. E. Mr. Juan Antonio Fernandez Palacios, Permanent Representative of Cuba to the UN in Geneva

Professor Wijesinha expressed his appreciation of the positive approach of the Cuban Ambassador in discussions concerning Human Rights in Sri Lanka. The Ambassador commended the commitment of the Permanent Mission of Sri Lanka in Geneva in providing briefings on the Sri Lankan situation and maintaining a regular flow of information to all delegations.

Meeting with H. E. Mr. Warren Tichenor, the Permanent Representative of the US to the UN in Geneva

Prof. Wijesinha briefed the US Ambassador on the current political situation in Sri Lanka and the reasons behind the Government's decision to withdraw from the cease-fire agreement.

The US Ambassador reiterated the strong friendship between the two countries and stated that the US condemned terrorism without any reservation. The US Ambassador said that US had several concerns about Sri Lanka with regard to alleged human rights violations. Prof. Wijesinha noted the concerns and mentioned measures already taken with regard to some of these such as over-crowding in prisons and the activities of former militants. He agreed that more needed to be done, with assistance in specific areas.

The Ambassador suggested the Government reconsider its decision and allow an OHCHR field presence in Sri Lanka as proposed by the High Commissioner. Prof. Wijesinha explained the background to the Government's rejection of the proposal while pointing out the efforts the Government had made to ensure cooperation with the OHCHR in improving the Human Rights situation. He regretted advantages taken and anticipated both by opposition politicians and proponents of the LTTE from statements that seemed unduly critical of the Government, and in particular, the statement on Sri Lanka's withdrawal from the CFA.

The US Ambassador appreciated the insights offered by Prof. Wijesinha on a wide range of issues that obtained in a country fighting a terrorist organization and affirmed the U.S. opposition to terrorism and its acceptance of the need to resist this.


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