News Update

14^th-16^th May

16^TH May

HINDUSTAN TIMES

UN report in hand, Lanka FM in Delhi

Sri Lankan external affairs minister GL Peiris is expected to reach New Delhi on Sunday evening to lobby top Indian government ministers and officials about the damning report compiled by the UN Secretary General’s panel of experts on accountability in Sri Lanka. The report submitted to UN chief Ban Ki-moon in April has accused the Lankan government and Tamil Tiger rebels of killing targeting and killing thousands of civilians during the last phase of the civil war that ended in May, 2009.

The report has called for an international and independent investigation into the allegations.

During his three-day visit, Peiris is slated to meet his Indian counterpart, SM Krishna, finance minister, Pranab Mukherjee and home minister, P Chidambaram. Peiris is expected to discuss the report threadbare with the Indian ministers and point out lapses and parts which, according to the government, were added to the report without verification. The report, based partly on 4000 depositions, claimed among other things that the government had deliberately targetted civilians inside the `no fire zone.’

The meeting with Mukherjee is being seen as particularly significant as the influential Indian minister had visited Sri Lanka during the last phase of the war as then foreign minister. Peiris has already met Indian diplomats here to convey the Lankan government’s contempt for the UN panel’s report, which the government has repeatedly dismissed as flawed, biased and without any credibility.

New Delhi had earlier aided Colombo in deflecting moves to institute international probes into the last phase of the war. But India’s response on the report till now has been measured. A ministry of external affairs statement had said that India was willing to engage with Sri Lanka on the report.

Interestingly, in one of her first statements after winning the Tamil Nadu assembly election, AIADMK chief, J Jayalalithaa, on Friday, had said President Mahinda Rajapaksa should be hauled before an international court of law. "I will exert pressure on the central government, after I take over as the CM, to take action against the Sri Lankan President before international court for genocide and war crimes. India should take the initiative for this,” she told a television channel. After returning from India, Peiris is next headed to Beijing to explain his government’s stand on the report to close ally, China.

ASIAN TRIBUNE

Is the TNA serious about a political solution?

http://www.asiantribune.com/news/2011/05/15/tna-serious-about-political-solution

The TNA has reportedly held six rounds of talks with the government on various issues affecting the Tamil community in Sri Lanka, including the possible contours of a political solution. They have however reportedly rejected a government suggestion to discuss the introduction of a second chamber as part of a political solution.

The government suggestion contained the following three options and possible powers that could be devolved to the second chamber, a Senate. The President, it is also reported, has now invited other Tamil political parties and Muslim parties for discussions, before he places a consensus proposal on a political solution before his own party the SLFP, other constituent parties of the governing UPFA, and thereafter before the UNP and their allies and other political parties.

Option 1

The Second Chamber will consist of Members elected from the twenty-five administrative Districts of the country. These Members will be elected by the Members of the Provincial Councils representing the respective Districts. Each District will return three members, thus the total elected would be 75 members. The President will nominate 15 Members to the Second Chamber. Thus the total number of Members of the Chamber would be 90.

Option 2

The Second Chamber will consist of Members elected directly by the People; each Province electing 7 members, thus 63 members will be elected in this manner. The President will nominate 17 Members to the Senate. Altogether there will be 80 members in the Senate.

Option 3

The proposed Second Chamber will consist of Members elected by the Provincial Councils, each Provincial Council electing 7 Members, thus 63 Members will be elected in this manner. The President will nominate 17 members to the Senate. Altogether there will be 80 Members in the Senate.

Powers

The following powers are suggested as basis for discussion:

(i) the power to initiate legislation in respect of particular categories of subjects.

(ii) the power to amend legislation;

(iii) the power to delay legislation and to direct reference back to Parliament ;

(iv) the power to direct reference of legislation to Provincial Councils

(v) the power to play a role in resolving disputes between the Centre and a Provincial Council, or among Provincial Councils.

President Mahinda Rajapaksa has demonstrated again, as he did with the LTTE before they chose the all out war option, that he is committed to a political solution that has at least a general acceptance of all political parties, which in all likelihood, he will take to the people in a referendum before he brings in constitutional changes.

This is the right approach to finding a solution to the political conflict that the country has had to endure for so long, including a cathartic period of terrorism and open war with the LTTE. This is also the reason why previous attempts by leaders of the past, SWRD Bandaranaike, S J V Chelvanayakam, Dudley Senanayake among others, failed because they did not follow a process of open discussion and consultation with the people of the country on such an important issue. Such a process must necessarily include separating fact from fiction, and identifying grievances that are ethnic oriented as opposed to caste, social strata oriented discrimination, geographic isolation and inequities arising from that, or discrimination that arose and still does, due to economic disparities.

As a group, Tamil political parties should discuss ethnicity oriented issues, and they should, along with other political parties, discuss discriminatory issues that affect all Sri Lankans if they feel part of Sri Lanka and are interested in the welfare of all Sri Lankans.

Closed door discussions and springing surprises on people who matter, the general populace of the country, will not work. Proposals arising from such mechanisms are invariably the opinion of a few interested parties, and by its very nature, they are narrow, and will not be reflective of what people actually want, more importantly, need, as a solution. Sri Lanka has not had a structured public discussion and debate on what constitutes the problem. Sections of Tamils have even supported going to war not knowing what actually constitutes the problem from the perspective of the average Tamil person and from the context of inequities and discriminatory practices that occur on account of reasons that have no ethnic bearing.

True, every man and his dog has some opinion, but the point is that there has not been a structured public discussion and debate to get to the bottom of the “problem” before we come up with solutions. As a result, we have had some Tamils going on the track of a separate State, some on a Federal State, and some Sinhalese going on the track of promoting that there is no problem to address. Unfortunately, more often than not, this latter group has managed to influence the governing parties and prevent even genuine ethnicity grievances being addressed through appropriate constitutional and administrative means.

A well informed and objective discussion and debate is vital therefore before solutions are introduced as ill informed band aid solutions tend to exacerbate rather than solve problems. The gun at the head 13th Amendment was a classic example of such a solution where a far reaching constitutional amendment was forced on the people of Sri Lanka by India. It had no Sri Lankan involvement or flavor, and ironically was rejected even by the LTTE as “too little”, and by some Sinhalese as “too much”. Such was the spectrum of attitudes towards it. Besides accepting the concept of provincial councils and limited devolution as an evolutionary process in democracy, the 13th Amendment should be rejected.

The latest round of discussions with TNA and their rejection of a central power sharing arrangement through a second chamber, even before it has been discussed, shows that the TNA is playing footsy as they have been doing all along.

They played this with the LTTE becoming their political mouthpiece and now they are trying to portray themselves as the re modeled legitimate representative of the Tamil populace, attempting to give the impression that Tamils in Sri Lanka are not interested in a central power sharing arrangement. No doubt this is being done to appease their masters overseas, the powerful Tamil Diaspora political groups, who basically are not interested in a solution, as a solution would end their very existence as political groups.

The TNA bluff has to be called, and the President has done this rightly by calling other Tamil and Muslim political parties for discussions. Tamils in Sri Lanka need to be better informed and their true voice needs to be heard. They should not be led to another slaughter house by opportunistic double dealers like the TNA.

On the Sinhala side, they should not bury their heads in the sand and pretend there is no problem to address. A problem did exist and elements of it still do. The nature and extent of the problem may be debated, as it should, so that ways and means of addressing what might be agreed as genuine problems could be found. To deny the existence of a problem is not a good starter even before an informed discussion and debate has taken place.

GROUNDVIEWS

Seminar on defeating terrorism: Sharing Sri Lanka’s experience

http://groundviews.org/2011/05/16/seminar-on-defeating-terrorism-sharing-sri-lankas-experience/

The Sri Lanka defense establishment is organizing a counter-insurgency seminar from the 31st of May to 2nd of June 2011. It has invited over 50 countries for the seminar with a stated objective of sharing the Sri Lankan experience of successful counter insurgency operation against the LTTE. At the same time there is a strong group of human rights activists who are advising against participation in this seminar and calling for a boycott. I beg to differ for a number of reasons, not least because boycotts and sanctions are probably the bluntest instruments.

Firstly, it gives an opportunity for the military personnel form different countries to get an account of the various strategies and tactics used. While we may not agree with some of the strategies and tactics it is very likely that there were innovations – the LRRPs, planned recruitment and resource mobilization, effective use of para-military, the organizing and deployment of fighting units, carefully cultivated political support etc.  In a global context where the non-state actors including the terrorists have an active learning and sharing network it is imperative that the military too have such opportunities – to keep abreast of best practice and bad practice.

Secondly, it is naive to assume that the armed forces of the world are going to uncritically accept the Sri Lankan experience of counter insurgency. None of them, if they can help it, will want to be accused of war crimes and have a UN panel report on their conduct. It is very likely that they will be asking much more informed questions about military objective and strategies, nature of the operational threat faced, nature of weapons used, proportionality, measures taken to obtain intelligence about targets, to minimize civilian casualties and the decision making command and control structures. Irrespective of what the Sri Lankan military say, the participants with deep knowledge in warfare will be able to piece together what happened much more clearly than most of the human rights activists.

So if the human rights lobbyists are influential enough (which I doubt they are) rather than call for a boycott they should try and influence the participants to engage more ‘fully’ in understanding the counter insurgency experience of Sri Lanka.

The participants should be encouraged,

1. to ask for a field visit to the stretch of land where the final phase of the war took place and a briefing on the number and movement of civilian population through the final days
2. to ask for a half a day session to meet groups with alternative view points. Clearly the cost of the Sri Lankan experience in the counter-insurgency is equally important to be understood and there are civil society groups who will be able to give the other side of the Sri Lankan experience.
3. to ask for a visit to the Menic farm area and for a discussion with key humanitarian agencies

Even if the organizers are unable to accommodate the above, the participating military personnel should be encouraged stay a day or two extra and to do the above. Again the respective embassies and high-commissions can be asked to facilitate such discussions so that their military representatives will be able to get a fuller understanding.

The official seminar web-site www.defseminar.lk no longer carries the list of countries whose military have confirmed participation. Now it only contains the list of countries that have been invited. Once the participants are confirmed, it might also be a good idea to compile some reading material on the conduct of the war – including the UN Panel report, local paper articles, UNHRC resolution, reports by human rights organizations and UN special representatives, press statements by UN, ICRC and humanitarian agencies etc. These might help the participants to raise and clarify various issues – including the use of paramilitary that included child soldiers among them as a counter insurgency strategy, use of white vans and extra-judicial killings, shutting off media from the theatre of war and silencing of the media, the rationale for the ‘illegal’ internment of 270,000 tamil civilians, the restrictions on humanitarian space, non-recognition of the role of ICRC in visiting detainees and family-reunification etc. A dialogue between the Sri Lankan military and military personnel from other countries on these issues surely will be more illuminating than the discussions in parallel worlds currently going on between those from the legal/human rights school and the military.

I would love to attend this conference. One of the stated objectives of the seminar is ‘a better understanding and sharing of knowledge in Political reforms to accommodate all ethnic communities and nation building’. I want to know what these ‘political reforms that accommodate all ethnic communities’ are. Don’t you? Why is it that only foreign military personnel are privileged to hear that!

KEITH LOCKE (MP, GREENS, NEW ZEALAND)

Need for War Crimes Investigation in Sri Lanka

http://blog.greens.org.nz/2011/05/16/need-for-war-crimes-investigation-in-sri-lanka/

It’s pleasing to see Foreign Minister Murray McCully has responded positively to my Parliamentary Question asking if he would support the call by a UN Secretary General’s Panel calling for an independent international investigation credible allegations of human rights violations during the Sri Lankan civil war, “some of which would amount to war crimes and crimes against humanity.” Murray McCully replied that if “the Sri Lankan government is unable to address the concerns detailed in the Panel’s report. I am certain that the international community, including New Zealand, will be open to considering appropriate international investigative mechanisms to bring justice and accountability to the victims of the Sri Lankan war.”

The “international community” should get moving now, because the Sri Lankan government has already dismissed the report out of hand. It is embarrassed that the Panel blames the Sri Lankan army for most of the “tens of thousands” of deaths in the last months of the war.  The Sri Lankan army encouraged Tamil civilians to move into “no-fire zones” and then shelled and bombed them. The Panel also condemns the government for shelling hospitals, blocking humanitarian assistance, and violating the rights of Internally Displaced Persons, LTTE cadres, the media, and critics of government policy. The Tamil Tigers were also condemned for preventing civilians from escaping the conflict zone, and suicide attacks which killed civilians.

Getting a full international investigation won’t be easy, because countries like China will try to block any further UN action. The European Parliament’s compromise resolution makes some good points but essentially leaves it up to the Sri Lankan government to investigate further and implement the Panel’s recommendations.

However, we can’t afford to let the matter lie. As UN High Commissioner for Human Rights  Navi Pillay said “The way this conflict was conducted, under the guise of fighting terrorism, challenged the very foundations of the rules of war and cost the lives of tens of thousands of civilians.”

NEW ZEALAND PARLIAMENT

QUESTION FOR WRITTEN ANSWER FROM KEITH LOCKE

http://www.parliament.nz/en-NZ/PB/Business/QWA/d/b/8/QWA_03008_2011-3008-2011-Keith-Locke-to-the-Minister-of-Foreign-Affairs.htm

Keith Locke to the Minister of Foreign Affairs (28 Apr 2011): Does the government support the call by the United Nations Secretary General’s Panel of Experts on Accoutability in Sri Lanka, made in a 31 March 2011 report, for an independent international investigation into what it calls credible allegations of serious violations of international law by the Sri Lankan government and the Liberation Tigers of Tamil Eelam, “some of which would amount to war crimes and crimes against humanity”?

Hon Murray McCully (Minister of Foreign Affairs) replied: The New Zealand Government has supported investigation into, and expressed concerns about allegations of human rights violations in Sri Lanka. The New Zealand Government welcomed the establishment of the United Nations Secretary General’s Panel of Experts on Accountability, which examined issues of accountability in the conduct of the Sri Lankan Government and Liberation Tigers of Tamil Eelam during the internal war that ended in 2009. The Panel’s report concludes that there are allegations of serious violations of international law committed by both sides. The four useful recommendations in its report include the key recommendation that the Sri Lankan Government should immediately respond to the serious allegations by initiating an effective accountability process, beginning with genuine investigations into the alleged violations of international law. Other recommendations include the establishment by the UNSG of an independent international investigation mechanism. The report has noted obstacles to accountability in Sri Lanka. Should these persist and the Sri Lankan Government is unable to address the concerns detailed in the Panel’s report, I am certain the international community, including New Zealand, will be open to considering appropriate international investigative mechanisms to bring justice and accountability to the victims of the Sri Lankan war. In the meantime, the Government calls on all parties to respond responsibly to the Panel’s report, including by ensuring the safety of United Nations staff and facilities in Sri Lanka.

15^th May

BBC SINHALA

Sri Lankan reports incorrect – Norway

http://www.bbc.co.uk/sinhala/news/story/2011/05/110515_norwaypaper.shtml

Reference to refugees as members of LTTE in Sri Lankan media is incorrect says Norway.

Rejecting the allegation that the embassy secretly helped members of the LTTE to leave the country, a Norway Embassy press release on Sunday stated that "translation and representation of the article in local media contain some inaccuracies such as referring to the refugees as members of the LTTE".

The Norwegian newspaper ‘Aftenposten’ report on the 13th May titled “Norway to help refugees from Sri Lanka" stated that around 12 people come to Norway with help from the Norwegian authorities. One of them worked as a doctor in northern Sri Lanka.

According to Aftenposten, the embassy staff purchased the air tickets, drove some of them to the airport, and issued visas at short notice both for emigrants and those who had ‘already escaped from Sri Lanka’. Sri Lankan media reports said Norwegian embassy personnel in Colombo have secretly aided Tamil rebels out of Sri Lanka and provided political asylum in Norway.

LTTE cadres were not assisted

The Embassy states that Sri Lankan media reports alleging Norway secretly helped 12 LTTE carders is incorrect. However, "the Norwegian embassy assisted a limited number of people by processing their applications for asylum or other grounds for residency in Norway," it says. The press release states that no LTTE cadres had ever been assisted ‘to the best of their knowledge’. The Embassy statement reads that the applications for asylum in Norway are subject to strict rules and the cases are carefully examined to see if they qualify under the United Nations Convention relating to the Status of Refugees.

SUNDAY OBSERVER

EU Parliamentarians caution on elements trying to rouse LTTE sentiments

http://www.sundayobserver.lk/2011/05/15/new22.asp

"I regret that we are having this debate today. I suspect that it has been promoted by extremist elements in the Tamil diaspora – the same people who have helped to sustain the LTTE terrorist campaign," Chair of the ‘Friends of Sri Lanka’ group of the European Parliament Geoffrey Van Orden said during the emergency debate on Sri Lanka on Thursday.

The debate called by the Socialist and Green Parties of the European parliament at the Strassbourg Plenary session drew attention to the Darusman Report and attempted to seek the immediate establishment of an ‘international justice mechanism on Sri Lanka’. Orden urged the European Parliament "to remain vigilant concerning those that seek to reignite members of LTTE terrorism. I call on the EU and European governments to be more active in dealing with extremists in our midst".

"Of course there should be an enquiry and openness regarding allegations of human rights abuse. This is the responsibility of the Sri Lankan government," he had stressed. Representing the Majority European Peoples Party (EPP) German MEP Thomas Mann said in February 2011 he "was in Sri Lanka as a member of the South Asian Delegation and saw just how much effort was being made to progressively deal with the post conflict issues like removing land mines and facilitating displaced people to return to their homes." European Conservatives and Reformists, UK MEP Dr. Charles Tannock said the report," it is a far cry from the reality and was heavy on criticism but light in substance". He said "Sri Lanka has finally achieved peace by defeating a ruthless terrorist organisation, the LTTE which rejected all peace bids made by the government".

He added "the term ‘Genocide’ is being mentioned by some even without the knowledge of its meaning". Dr. Tannock questioning the arguments made by the Socialists and Greens, asked "How any one could accuse the Sri Lanka Army for genocide or crimes against humanity when the same Army rescued more than 200,000 Tamil civilians from the LTTE and have now helped re-settle most of them".

THE SUNDAY LEADER

President Fears A Regime Change

http://www.thesundayleader.lk/2011/05/15/president-fears-a-regime-change/

Mahinda Rajapaksa met with the committee appointed by him to handle the Ban panel report, last Tuesday.  He made it clear that the report had a hidden agenda. He felt that the report was to facilitate a change of regime in Sri Lanka. He did not forget to say that there were several nations behind this conspiracy but he was confident of himself and even if anyone got upto tricks within parliament he would not be dislodged.

The ministers and some media heads within this group were perturbed by this statement. They wondered why Rajapaksa mentioned parliament, along with foreign nations attempting a change of regime. The mere fact that this thought crossed his mind was a cause for concern to them.
It is a fact that some ministers are aloof in their approach to the Ban panel report. They think that the report is not an indictment on the government, but only on the Rajapaksa brothers. They in turn seem to be preparing themselves to grab the opportunity in the event such a situation comes to pass. Rajapaksa seems to be aware of this and it is rumoured that Speaker Chamal Rajapaksa is to be made prime minister to strengthen the Rajapaksa family’s  control over parliament. Chamal is presently on a pilgrimage in Nepal.  Readers would recall that, Minister Mervyn de Silva had on previous occasions mooted the idea that Basil Rajapaksa be made the prime minister.

Blake’s visit

The US Assistant Secretary of State for South Asian Affairs, Robert Blake visited Sri Lanka recently. He was careful with his words and made certain to state that the US was not interested in a change of regime in Sri Lanka. Blake, was not successful in his attempts, though he made several, to meet with Rajapaksa. He did however say that if the Government of Sri Lanka was keen to prosecute any offenders for war crimes, and if international observers were allowed to monitor such legal action,  the need for an international probe into war crimes in Sri Lanka would not arise.  Blake made use of this visit to recollect how an independent newspaper in Sri Lanka had carried a defamatory article about his wife during his stint as ambassador in the island. He felt that the government was at the bottom of that incident.

Basil who was at this committee meeting cautioned that the western embassies in Sri Lanka were translating and taking note of articles published in the Sinhala media. “We should be conscious of this when articles are published,” he said. The committee decided that they would not respond to the Ban panel report but instead forward three progress reports. The reports would deal with the gains made on three fronts namely, Military, Human Rights  and Rehabilitation and Reconstruction. This was Basil’s idea from the very outset. Basil, who was to be in the USA for a month was recalled to prepare the progress report on the  Reconstruction and Rehabilitation Programme and also to coordinate the functions in this area. The decision of the government not responding to the Ban panel report was therefore considered by many as a feather in Basil’s cap. The government’s intention is to divert the public debate in the international media on the Ban panel report towards the three progress reports to be submitted by them.

The response of the UN Secretary General’s Office  however was different. The spokesperson for Ban Ki-moon, in a statement said that the Secretary General was waiting for the Government of Sri Lanka to respond to the panel report and any further action would be contemplated thereafter. Though Ban Ki-moon had stated on an earlier occasion that he was powerless to take the report any further, it appears that he is contemplating taking affirmative action.

India plays a waiting game

Western nations would like to bring forth a resolution before the UN Human Rights Council to initiate an international inquiry based on the Ban panel report. Many see the support of the ruling African National Congress to the Ban panel report as a step in this direction. Some view this as a strong signal to other nations. South Africa is deemed to have a big say within the Council. A section of the Tamil Diaspora would like this resolution to be taken up at the September session and not at the May 2011 session.

India too is of the same opinion. The Indians would give the Sri Lankan government further time to initiate the 13th Amendment to the Constitution and the removal of Emergency Regulations as recommended by the panel report. It was mentioned in this column that the National Security Adviser of India, Menon and a team will visit Sri Lanka shortly. This has been deferred as the Sri Lankan government has required time to come to a final decision on the recommendations made in the panel report. The government as a consequence, has since intensified discussions with the TNA.
During the course of his discussions with the heads of the media last week Mahinda Rajapaksa had said that India would stand by Sri Lanka and voice her opinion at the opportune time. The media duly carried this and the main opposition party in India the BJP led by Pon Radhakrishnan responded stating that if India attempts to support Mahinda Rajapaksa they would rally the people of every state against the Congress government.

Attack Ban and western nations

Meanwhile President Rajapaksa invited four selected editors to a meal last Friday, to seek their views and advice as to how the government should react to the panel report. Though all four were not from national newspapers two of them said that the government should consider even sending troops to New York to assault Ban Ki-moon if the need arises. The third was more moderate. He said that reality had to be faced. He proceeded to ask several questions as to what plans  the government had to handle the panel report. The two editors who spoke earlier butted in at this stage before Rajapaksa could respond and said there was no other plan or option but to attack Ban Ki-moon and the western nations.

President Rajapaksa taking strength from these sentiments agreed that the Western nations must be taught a lesson. The editor who raised a moderate voice was silent thereafter. The fourth editor kept silent throughout this discussion. During the meal there was on offer, a variety of imported liquor that these editors may have never seen or tasted previously. That too in the year of Sambuddha Jayanthi. They enjoyed the liquor to their hearts content and had Ban Ki-moon as the “bite”.

EU parliament accepts report

On Tuesday, Rajapaksa met the heads of the local media. One media  person at this meeting questioned as to what would happen at the European Parliament where the Ban panel report was being debated. Prof. G.L. Peiris who was present responded, “There are many countries that will support us and this debate will last only about 20 minutes. There is no need to panic”. Mahinda Rajapaksa too chipped in and stated that the countries that would support us could not be divulged. The media-men on returning to their offices were in for a surprise. The EU Parliament had by then  approved a resolution in support of the Ban panel report. The media personnel were surprised.
The government’s lack of understanding of international relations was never more evident. The EU in supporting the Ban panel report had also taken note of the military’s role within the Colombo City. It was late in the night when Rajapaksa received a telephone message confirming that the EU parliament had accepted  the report. The target of his fury was Prof. G.L. Peiris. No one informs Rajapaksa of the true position. They fear to do so. To do so carries the risk of being branded a conspirator.

The legal action being taken by a group of  lawyers in Norway, against Mahinda and Gotabaya Rajapaksa and Sarath Fonseka for war crimes was also discussed at the meeting with the media heads. Mahinda had revealed that many countries including Canada and  Netherlands were contemplating filing similar action and the Tamil Diaspora was behind it. It was Jan Egeland, the respected former Under Secretary General of the UN who was behind the action in Norway.  He is also expected to be the next head of Human Rights Watch. Meanwhile, a report on four videos said to contain war crimes images in Sri Lanka are to be forwarded to the Human Rights Council by Channel 4. This is as an addendum to the panel report.

New office for Ranil

Whilst the government was immersed in handling these issues Ranil Wickremesinghe was under siege from the reformists against what they consider is the dictatorial and anti constitutional handling of party matters. His only visible support is from Mahinda Rajapaksa. A cabinet paper was received by the President through Premier D.M. Jayaratne at Ranil’s behest. It was a request to refurbish and construct an office of three storeys for the use of the Leader of the Opposition. The estimated cost of this is Rs. 25,208,000.00. Rajapaksa gleefully  placed this before his cabinet for approval. The Ministers present looked amused.  “We occupied this building for 17 years. The UNP government of that time never did any repairs. Why should we repair this when we are going to be attacked by them?”’ asked one minister. “You don’t understand politics. Which Leader of the Opposition would want to repair his office?  Most would want to shift from that office to that of the President. Our Leader of the Opposition likes to stay there continuously. Therefore I will refurbish it extremely well for him to stay as long as he lives. So, whilst that is being refurbished its not right for him to move from place to place. I  will get him a good and comfortable office on rent in Colombo 7 for Rs 1,800,000.00 in the meantime. Those were the  days when  governments did not bother with the Opposition Leader’s office as they were hell-bent on attacking the government. But, we must take care of this Leader of the Opposition.  See, that is why I have given him a better official vehicle than what you are using. When he comes to meet me these are the things he asks for. I too accommodate his wishes so that I can keep him there’,” said Mahinda in explanation, much to the mirth of the ministers.

Ranil was in Bhutan when he heard that Maithri Gooneratne had filed action in court against the unconstitutional appointment of Ravi Karunanayake to the post of National Organiser of the UNP. Many senior UNPers approved of this action as they felt that the court was the last resort to prevent the disintegration of the UNP. They believe that the courts could bring democracy within  the party by giving them a hearing since they could not otherwise control the actions of their leader. They recalled how J.R. Jayewardene during the 1970 – 1977 period as Leader of the Opposition  resorted to the law in curbing similar actions by  Dudley Senanayake, who was the leader of the party at that time.

The Sajith Group had organised a seminar in Colombo last Wednesday, under the slogan A Ja Pay Surakimu, Dinawamu (save the UNP, make it win)  the first of many to be held around the country. Nearly all from Sajith’s Group as well as many seniors participated. Sajith made a monetary contribution to two families from Bibile who lost their family members whilst working for the Ranil at the 1999 presidential elections. Ranjit Madduma Bandara said that he had appealed to Ranil who was Premier in 2002 to find jobs for these family members but had been ignored. Sajith responded to this by saying that if the UNP had good relations with foreign countries such goodwill should be used to help those within the UNP who have been politically victimised.

Fonseka’s dock statement

Meanwhile Sarath Fonseka and his MPs had heard that Ranil was planning to lure them into the UNP in order to attack the Sajith Group. Fonseka and his MPs had realised that Ranil was using UNP MPs close to him to carry tales against Sajith to the prison where Fonseka is incarcerated. It was last January that the International Parliamentary Union (IPU) decided to send observers to attend court in the Fonseka cases and the necessary documentation for this was sent to Tiran Alles.
Tissa Attanayake who attended the IPU meeting this time told the media that this decision was at his initiative. When Tissa and Jayalath Jayawardena told Fonseka of this decision when they visited him in prison, Fonseka chuckled. Again when this was repeated by them to Fonseka’s lawyers they had asked them to first get the UNP leaders to attend court to give moral support to Fonseka before embarking on such ventures. When Tissa and Jayalath told the media of this initiative they were blissfully unaware that it had already been reported as early as January.
The government went into panic mode when they heard that Fonseka was unable to complete his statement in court last Wednesday, due to an ailment in his throat. His statement was viewed with great concern not only by the embassies within the country but by other nations as well. Fonseka’s statement to the media gathered outside the court house too has disturbed the Rajapaksas. He said that he would not safeguard the government from war crimes but only the war heroes. He added  that it was he and he alone who could do this.

THE SUNDAY TIMES

Panel report: Be realistic and have dialogue with UN

http://www.sundaytimes.lk/110515/Columns/political.html

• Despite spin doctoring by envoys, EU resolution could have grave implications for Sri Lanka
• India still undecided as crucial battle looms at UNHRC sessions

By Our Political Editor

On Thursday, Sri Lanka completes two years after the military defeat of Tiger guerrillas. In that span, the government has taken several measures to ensure the memories of a victory against the scourge of terrorism remained live in the minds of the public. In this backdrop, the annual Victory Day parade will take place at the Galle Face green on this day. A three-day international seminar on "Sri Lankan experiences in defeating terrorism" expected to be attended by representatives of some 55 countries will begin on May 31.

The events come during a holy month. Vesak, the most important event in the Buddhist calendar is on Tuesday and Wednesday. Its significance is enhanced by the Sambuddhathva Jayanthi that marks 2600 years after the Enlightenment of Gautama the Buddha.

The display of military might that will include troops and equipment that defeated the Tiger guerrillas amidst religious observances countrywide is a paradox. President Mahinda Rajapaksa, who gave political leadership to the military campaign, and his administration, have now become political targets. This is with the release of the UN Secretary General Ban Ki-moon’s Advisory Panel report on alleged war crimes in Sri Lanka. It comprised Marzuki Darusman (Indonesia), Yasmin Sooka (South Africa) and Steven Ratner (United States).

The man who led troops to victory, former General Sarath Fonseka, in the meantime, languishes in jail. The only glimpse of the first anniversary of the victory festivities for him came through a hole in his window. He faced different General Courts Martial whilst being detained at Navy Headquarters. He saw some Air Force planes fly past. His deposition in the ‘White Flag Case’ on Thursday had to be interrupted due to his physical inability to continue reading a statement. The one time celebrated war hero, now referred to by the United States as a "political prisoner," coughed repeatedly — an indication that his health has taken a bad turn whilst being incarcerated in jail for more than one year.

This week, more countries were joining in with statements to add pressure on Sri Lanka over the UN Advisory Panel report. Joining United States, Britain, South Africa, Switzerland were France and other countries in the European Union. The Foreign Ministry in Paris issued a statement in French. The English translation states:

"The report of the Panel of Experts charged by the Secretary General of the United Nations inquiring into allegations of violations of the human rights and the humanitarian international law by all the parties to the conflict was made public. As of April 2009, France had called for setting up of a commission of impartial international inquiry in order to bring to light these allegations of violation. We had then actively supported the nomination by the Secretary General of the United Nations of this panel of experts.

"The authorities of Sri Lanka set up in 2010 a Commission on Lessons Learnt and Reconciliation with the aim of facilitating the national reconciliation. The work of this Commission and that of the experts named by the Secretary General of the United Nations must be complementary. We invite the authorities of Sri Lanka to collaborate in a constructive way with the international community. In the fight against impunity, it is crucial to follow a true policy of national reconciliation whatever the country. We encourage the authorities in Sri Lanka to implement their engagements in these two fields."

A statement by the European Union High Representative Catherine Ashton, said,"The EU considers that the publication of the report of the UN Secretary-General Panel of Experts on accountability in Sri Lanka is an important development. It will be recalled that EU had welcomed the appointment of the Panel by the UNSG in June 2010.

"The Panel has concluded that there are credible allegations that major violations of international human rights and humanitarian law were committed by all sides in the conflict. The EU re-iterates its view that an independent process to address these extremely serious allegations should contribute to strengthening the process of reconciliation and ensuring lasting peace and security in Sri Lanka. As the report says, the issue of accountability should be seen as an essential part of the process of national reconciliation. The EU therefore hopes that the Government of Sri Lanka will recognise the constructive objectives of the report, and encourages it to engage with the UNSG on its contents."

Violation of International HR

In the backdrop of this statement that sets out the EU’s position, the European Parliament debated the Sri Lankan issue. There were six different resolutions, five of them against Sri Lanka and one in favour. Marie Christine Vergiat of GUE/NGL the European United Left and the Nordic Green Left, (who formed the European Parliamentary Group)-submitted the first resolution in French. Others who opposed Sri Lanka with resolutions were: Veronique De Keyser, Ana Gomes and Richard Howitt on behalf of the S&D Group or the Professional Alliance of Socialists and Democrats. Elmar Brook, Jose Ignacio, Slafranca Sanchez-Neyra, Thomas Mann, Cristian Dan Preda, Filip Kaesmarek, Mario Mauro, Michele Striffler, Bernd Posselt, Tunne Kelam, Eija-Ritta Korhola, Monica Luisa Macovei, Elena Basescu, Sari Essayah, Agnes Le Brun, Dominique Baudis and Buguslaw Sonik on behalf of the PPE Group or the European People’s Party. Marietje Schaake, Izaskun Bilbao Barandica, Johannes Cornelis van Baalen, Ramon Tremosa i Balcells, Kristina Ojuland, Sara Ludford, Marielle De Sarnez and Norica Nicolai on behalf of ALDE Group or the alliance of liberals and democrats for Europe. Heidi Hautala, Karima Delli, Raul Romeva i Rueda, Frieda Brepoels on behalf of the Verts/ALE Group or the European Free Alliance Greens.

The five different resolutions from those listed above expressed concerns over the "findings" of the UN Advisory Panel on alleged war crimes in Sri Lanka and called for an "international mechanism" to probe such allegations. They gave different reasons in their resolutions on why this was necessary.

However, a resolution signed by Geoffrey Van Orden, Charles Tannock, Nirj Deva (Sri Lankan born), Ryszard Antoni Legutko, Michael Tomasz Kaminski, Ryszard Czarnecki, Tomasz Piotr Poreba on behalf of the ECR Group or the European Conservatives and Reformists, was in favour of Lanka. The lengthiest among all the resolutions, it praised the Government of Sri Lanka for a series of actions and blamed the Tiger guerrillas for the reign of terror until they were militarily defeated. The resolution, among other matters, noted that that the Sri Lankan economy has been growing at an average of nine percent a year since the end of the conflict. It said that EU countries remain the biggest single market for Sri Lanka’s exports which play an important role in the continuing economic recovery. Here are some of the highlights in the resolution:

• "Expresses its concern at the serious nature of the allegations in the UN’s Darusman report; underlines that these allegations, and the issue of accountability for them, must be properly addressed before lasting reconciliation can be achieved in Sri Lanka.
• Recognises that the report was of a purely advisory nature, produced by a Panel which did not visit Sri Lanka, and by its own terms of reference, was neither a fact-finding nor an investigative body, and that the responsibility for action and accountability to deal with human rights abuse ultimately rests with the Sri Lankan government.
• Notes that the report, while finding credible allegations that the military operations of the Sri Lankan army resulted in large numbers of civilian deaths, provides no evidence that such violations took place on a deliberate or systematic basis or that they were ordered or condoned at the highest levels.
• Acknowledges that the Sri Lankan Government has established a Lessons Learnt and Reconciliation Commission (LLRC); trusts that its work will meet international standards of independence and impartiality and in this regard strongly urges the Sri Lankan Government, even at this stage, to have an international input to the work of the LLRC; trusts that its work will be completed in a timely manner before the end of 2011 and will be made public; urges the LLRC to take serious account of the UN’s Darusman Report; notes that the LLRC is empowered to ask the Sri Lankan Attorney General to institute criminal proceedings, based on its findings.
• Notes that Reporters Without Borders and the International Federation of Journalists have recognized that the ‘dangers to journalists in Sri Lanka have eased with the end of the fighting’ and that there has been a ‘fall in the number of physical attacks and threats’ to journalists since the end of the conflict; urges the Sri Lankan Government to guarantee media freedom.
• Notes that it is through trade rather than through aid that the Sri Lankan economy will fully recover from the lasting effects of the 25-year-long LTTE terrorist campaign and urges the EU and its Member States to restore Sri Lanka’s GSP+ status. "

The resolution backed by Nirj Deva, a Member of the European Parliament (MEP) and a business entrepreneur in Sri Lanka and his colleagues, where some of the highlights are listed above, clearly articulates the Sri Lanka Government’s official position vis-a-vis the UN Panel report. Whilst insisting that the LLRC is the mechanism to address accountability issues, it has gone further to state that the "LLRC is empowered to ask the Sri Lankan Attorney General to institute criminal proceedings, based on its findings." Thus, it suggests of a softening of the government stance that "credible" allegations on which a probe is sought by some nations backing "an international mechanism" could be investigated under the direction of the Attorney General.

Some of the points listed above are also contained in a letter External Affairs Minister G.L. Peiris sent to UN Secretary General Ban Ki-moon early this month on matters related to the UN Panel report. It is the Sri Lanka government’s first response though it does not directly answer issues raised in the report. To the contrary, Peiris has declared the report is "unacceptable, biased" and based on "hearsay". This letter is being kept a closely guarded secret. The second, a comprehensive response, listing what the government has done before, during and after the war in the north is still being formulated. Even this response will not specifically address issues raised in the Panel report though it is clearly one inspired by it.

Behind-the-scene

However, ahead of the sessions of the European Parliament (on Thursday night Sri Lankan time), behind-the-scene consultations went on between those wanting to back the five resolutions against Sri Lanka and others objecting to it. As a result, a compromise "Joint Resolution" was formulated. When that was put to vote, Claude Moraes MEP moved an oral amendment to the resolution. It called on the major organs of the EU to support the immediate establishment of an "international accountability mechanism," a point that the Joint Resolution had omitted. Mainly the British Tories, despite pressure by the Tamil Diaspora, on the Conservative Party, blocked it. Thus, the resolution was adopted without reference to the three words — "international accountability mechanism."

the conclusion of the EU Parliament sessions, the Sri Lanka Embassy in Brussels issued a news release. It said, "The European Parliament today defeated an attempt by the Socialist group "to seek the immediate establishment of an international justice mechanism" on Sri Lanka, during an ‘urgency’ debate called by the Socialist and Green parties at the Strassbourg Plenary session to draw attention to the so called "UN Panel Report" on accountability issues in Sri Lanka.” (Note : The Embassy calls it the ”so-called” UN Panel Report whilst the government in Colombo has dubbed it the ”Darusman Report.”) Here is the full text of the modified joint resolution:

"The European Parliament, – having regard to the report of 31 March 2011 of the UN Secretary-General’s Panel of Experts on Accountability in Sri Lanka, – having regard to the UN Secretary-General’s statement of 25 April 2011 on the public release of the panel of experts’ report on Sri Lanka,
- having regard to the conventions to which Sri Lanka is a party, which require it to investigate alleged violations of international humanitarian and human rights law and prosecute those responsible,
-having regard to the Declaration on the appointment of a UN Panel of Experts on Accountability Issues in Sri Lanka made on behalf of the European Union on 1 July 2010 by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy (VP/HR),
- having regard to the Declaration made by the VP/HR on 10 May 2011 on the report of the UN Secretary-General’s Panel of Experts on Accountability in Sri Lanka,
- having regard to its resolutions of 5 February 2009, 12 March 2009 and 22 October 2009 on Sri Lanka,
- having regard to the Second Additional Protocol, relating to the Protection of Victims of Non-International Armed Conflicts, to the Fourth Geneva Convention,
- having regard to Rule 122(5) of its Rules of Procedure,

A. whereas in May 2009 the long-running conflict in Sri Lanka came to an end with the surrender of the Liberation Tigers of Tamil Eelam (LTTE) and the death of their leader; whereas the conflict ended with large numbers of Sri Lankans living as internally displaced persons, especially in the north of the country,

B. whereas in the final months of the conflict, intense fighting in civilian areas resulted in what are estimated to be thousands of civilian deaths and injuries,

C. whereas on 23 May 2009, during a visit by Ban Ki-moon to Sri Lanka shortly after the end of the conflict, President Mahinda Rajapaksa and Ban Ki-moon issued a joint statement in which the UN Secretary-General underlined the importance of an accountability process and the Government of Sri Lanka agreed that it would take measures to address allegations of

D. whereas on 15 May 2010 the Sri Lankan Government appointed an eight-member Lessons Learned and Reconciliation Commission (LLRC) to look into events in Sri Lanka between February 2002 and May 2009, with the aim of ensuring accountability, justice and reconciliation in the country,

E. whereas on 22 June 2010 the UN Secretary-General announced the appointment of a panel of experts to advise him on the issue of accountability with regard to alleged violations of international humanitarian and human rights law during the final stages of the conflict in Sri Lanka,

F. whereas the UN report, published on 25 April 2011, found to be credible allegations that both government forces and the LTTE conducted military operations ‘with flagrant disregard for the protection, rights, welfare and lives of civilians and failed to respect the norms of international law’,

G. whereas the international community, in the final stages of the conflict, repeatedly called on the Government of Sri Lanka to allow international observers to enter the country in order to monitor the humanitarian situation of the civilian population affected by the fighting,

H. whereas the panel also concluded that ‘Sri Lanka’s efforts, nearly two years after the end of the war, fall dramatically short of international standards on accountability’,

1. Expresses its concern at the serious nature of the allegations in the UN report; stresses that those allegations, and the issue of accountability for them, must be properly addressed before lasting reconciliation can be achieved in Sri Lanka;

2. Acknowledges that the panel found to be ‘credible allegations which, if proven, indicate that a wide range of serious violations of international humanitarian law and international human rights law was committed both by the Government of Sri Lanka and the LTTE, some of which would amount to war crimes and crimes against humanity’;

3. Welcomes the initiative taken by the UN Secretary-General in appointing the panel of experts on accountability in Sri Lanka regarding alleged violations of international humanitarian and human rights law during the final stages of the armed conflict;

4. Applauds Ban Ki-moon’s decision to publish the report on 25 April 2011;

5. Stresses that a commitment on human rights and accountability was a key point of the joint statement issued by the President of Sri Lanka and the UN Secretary-General on 23 May 2009;

6. Welcomes the UN Secretary-General’s decision to respond positively to the panel’s recommendation for a review of the UN’s actions regarding the implementation of its humanitarian and protection mandates during the war in Sri Lanka, particularly in the final stages of the conflict; notes that the panel of experts has recommended that the UN Secretary-General should immediately proceed to establish an independent international mechanism, but that the latter has been advised that this will require host country consent or a decision by member states through an appropriate intergovernmental forum;

7. Takes the view that, in the interests of justice and reconciliation in Sri Lanka, the allegations contained in the UN panel of experts’ report warrant a full, impartial and transparent investigation; encourages the Government of Sri Lanka to respond constructively to the recommendations made by the panel of experts;

8. Is deeply concerned about the worrying lack of independence of the judiciary, which could play a complementary role to an independent investigation body; urges the Sri Lankan Government to ensure restorative and retributive justice;

9. Calls on the Government of Sri Lanka in compliance with its international obligations and with a view to improving its domestic accountability process, to contribute to the efforts with a view to improving its domestic accountability process, to contribute to the efforts already being made for a comprehensive reconciliation;

10. Recognises, in this respect, that the Sri Lankan Government has established a Lessons Learned and Reconciliation Commission (LLRC); urges the LLRC to take serious account of the UN report; notes that the LLRC is empowered to ask the Sri Lankan Attorney-General to institute criminal proceedings, based on its findings;

11. Asks for accountability of both the LTTE and the Sri Lankan Government for alleged violations of international humanitarian and human rights law;

12. Urges the Sri Lankan Government to implement the panel’s recommendations, starting with the ‘immediate measures’, and immediately to commence genuine investigations into the violations of international humanitarian and human rights law allegedly committed by both sides involved in the armed conflict;

13. Calls on the VP/HR, the Council and the Commission to support further efforts to strengthen the accountability process in Sri Lanka and to support the UN report;

14. Urges the Government of Sri Lanka to be proactive in addressing the genuine political, economic and social concerns and interests of its Tamil citizens; urges the Sri Lankan Government accordingly to take active measures in terms of political devolution and to encourage Tamil recruitment to the government service and to the police and the armed forces, so that the Tamil peoples feel reassured and will recognise the defeat of the LTTE as a liberation (sic) and look forward to a bright and prosperous future, on equal terms with their Sinhalese fellow citizens;

15. Instructs its President to forward this resolution to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the Commission, the governments and parliaments of the Member States, the Secretary-General of the United Nations and the President, Government and Parliament of Sri Lanka."

It is known that Sri Lanka’s Ambassador in Brussels, Ravinatha Ariyasinha lobbied MEPs heavily with the help of Nirj Deva, who once described himself as"Sri Lanka’s Roving Ambassador" (whilst being an MEP) and thus averted a reference in the joint resolution to "to seek the immediate establishment of an international justice mechanism." Nevertheless, neither Deva nor his MEP colleagues signed the joint resolution. Despite the spin in the Sri Lanka Embassy news release, there are some very serious implications in the EU Parliament’s joint resolution passed on Thursday. This is notwithstanding widely publicised claims in Sri Lanka that there is no reference to the "establishment of an international justice mechanism." Here are some of them:

Lack of independence of the judiciary

The EU Parliament resolution says that it "is deeply concerned about the worrying lack of independence of the judiciary, which could play a complementary role to an independent investigation body; urges the Sri Lankan Government to ensure restorative and retributive justice." This assertion gives muscle to claims that an "international mechanism" would become inevitable in the light of a purported "worrying lack of independence of the judiciary." The claims that there is no reference to the "establishment of an international justice mechanism" are therefore less than assuring, and at best a pyrrhic diplomatic victory.

Even more important is the concluding paragraph of the resolution. It says "Instructs its President to forward this resolution to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the Commission, the governments and parliaments of the Member States, the Secretary-General of the United Nations and the President, Government and Parliament of Sri Lanka." It formally authorises the President of the European Parliament to empower Catherine Ashton, the High Representative of the EU for Foreign Affairs and Security Policy, to lobby internationally for action. Similarly it also empowers member countries of the EU to take follow up action.

Ms. Ashton’s statement on the UN Panel’s report, reproduced above, says the EU "re-iterates its view that an independent process to address these extremely serious allegations should contribute to strengthening the process of reconciliation and ensuring lasting peace and security in Sri Lanka."
The EU resolution gives her the official power to campaign for what she calls an "independent process". She also becomes empowered to speak about the "worrying lack of independence of the judiciary." Armed with that strong mandate from the European Parliament, Ms. Ashton will now deal with other western allies. This shifts the focus now to the upcoming sessions of the UN Human Rights Council in Geneva on May 31.

The Sunday Times has learnt that views of western nations are varied on the timing of the issue of bringing up the UN Panel report before the UNHRC. Some are of the view that it should be taken up during the September sessions since the turmoil in West Asian and North African nations was pre-occupying the Council. Others, however, believe that since two other issues are due to come up, the UN Panel report could be timely. The two other issues before the Council are a resolution to rescind one on Sri Lanka that debarred a probe into alleged war crimes adopted by the UNHRC in September 2009 and a report by the UN Rapporteur on Extra Judicial Killings. This report calls for an ‘international probe’ into footage aired by UK’s Channel 4 video of alleged executions. The government insists that the footage is fake.

India’s support- a sine qua non

In the event issues surface at the upcoming Council sessions, the government believes India’s support would be a sine qua non. As exclusively revealed in the Sunday Times last week, a high-powered three-member delegation from India is due in Sri Lanka. It was to comprise National Security Advisor Shiv Shankar Menon, Foreign Secretary Nirupama Rao and Defence Secretary Pradeep Kumar. They were originally expected on Friday. However, New Delhi has informed Colombo of a postponement. This is due to developing tensions between India and Pakistan over the killing of Osama bin Laden. India has accused Pakistan of harbouring terrorists most wanted by law enforcement agencies in New Delhi. The team is now likely to arrive on May 26 or even in early June as a final date is to be confirmed only after consultations with India’s High Commissioner Ashok Kanth. He left on Friday for New Delhi.

External Affairs Minister Peiris will go to New Delhi tomorrow for talks with his Indian counterpart S.M. Krishna. Sajin Vaas Gunawardena, MP, the monitor at the Ministry will accompany him. The visit to New Delhi first is to demonstrate that Sri Lanka turned to its northern neighbour before it went to other world capitals to canvass support in the wake of the UN Panel report. It is only thereafter that Peiris will visit Beijing and Bali where the two-day ministerial meeting of Non-aligned Nations will be held.

Among matters Peiris is to discuss in New Delhi is the possibility of a statement by the Government of India countering the UN Panel’s claim that 40,000 civilians may have died during the final stages of the military defeat of Tiger guerrillas. Diplomatic sources, both in New Delhi and Colombo, strongly discounted the possibility of India heeding such a request. The perception in New Delhi is that India, which played a key role in helping Sri Lanka defeat the Tiger guerrillas, was ignored in many ways thereafter. So far, the Indian government has remained neutral on the UN Panel issue except to say it was studying the report and would engage with Sri Lanka.

Further compulsions to maintain that stance may come from south India where Jeyaram Jeyalalitha’s Anna Dravida Munnetra Kazakham (ADMK) won a landslide victory at last month’s Tamil Nadu polls, the results of which were declared on Friday. She won 204 seats conceding a paltry 30 to Muthuvel Karunanidhi’s DMK (Dravida Munnetra Kazhakam) relegating it to third place in the Tamil Nadu State assembly. Karunanidhi, the outgoing chief minister will not even be the leader of the opposition in the assembly.

Peiris will also brief his counterpart in New Delhi on a proposal to set up a second chamber or a Senate under the existing Constitution. Our page one report today gives further details. Just a week after the military defeat of Tiger guerrillas in 2009, UN Secretary General Ban Ki-moon visited Sri Lanka on a one-day visit. At the end of his programme, he met with envoys of Sri Lanka’s donor co-chairs at the Bandaranaike International Airport. One of those who attended was James R. Moore, then Charge d’ Affaires of the US Embassy in Colombo. His report on Ban’s briefing is among the Wikileaks cables that were in the public domain this week. Here are excerpts of how he reported Ban’s meeting to Washington:

"In his messages to the government during a 24-hour visit to Sri Lanka on May 23, (2009), UN Secretary General Ban Ki-moon emphasized the key points of the need for a political process and reconciliation, better access by humanitarian workers to the IDP camps, early IDP returns, and greater accountability on human rights. In a briefing to Co-Chair Ambassadors just prior to his departure, he described conditions at Manik Farm as sobering and sad and said the no-fire zone was a scene of "complete destruction." He felt no purpose would be served by continuing to press for international access to the no-fire zone, saying the priority instead must be expediting the return of IDPs to their homes. In his meeting with President Rajapaksa, the Secretary General pressed for greater accountability in addressing violations of international human rights and humanitarian law, reference to which was retained in the joint statement despite GSL (Government of Sri Lanka) resistance.

"UN Secretary General Ban Ki-moon briefed Co-Chair Ambassadors in Colombo at the airport on the night of May 23 at the end of his 24-hour visit to Sri Lanka, which included meetings with President Rajapaksa, Foreign Minister Bogollagama, and other senior government officials; a tour of IDP camps at & Manik Farm 8, near Vavuniya; and a fly over of the former "no-fire zone," where the Army and LTTE fought their final battles and tens of thousands of civilians were kept against their will by the LTTE and trapped in the crossfire between the two sides………….

" ……Ban urged the President to reach out to minority groups, particularly Tamils and Muslims, and develop a comprehensive plan to devolve power. He called for implementation of the 13th Amendment. The President responded that the amendment is part of Sri Lanka´s constitution and he plans to implement the "13th Amendment plus one," without elaborating. (Comment: Rajapaksa was likely referring to adding an upper house to Parliament, a plan the President previewed in Ambassador´s May 20 farewell call on him.) Ban cautioned the President that although the war may be over, if the reconciliation process is not properly handled there would be a danger of recurring LTTE violence……."

Another Wikileaks cable, also now in the public domain, and is of significant interest is a note from the Charge d’ Affaires of the US Embassy in New Delhi, Peter Burleigh. After a meeting with Shiv Shankar Menon, then Foreign Secretary and now National Security Advisor, he sent a cable to Washington D.C. Here are excerpts of the cable dated May 15, 2009, just four days before the fighting between troops and Tiger guerrillas ended with the latter’s defeat: "Menon acknowledged the dire situation and said that the fighting was more intense in the conflict zone, with higher casualty figures and more use of heavy weaponry. Menon said the pressure needed to be put on the Sri Lankan government to limit the harm caused to civilians, but he cautioned that bilateral diplomacy would be more effective than highly public pressure in the UN Security Council or the Human Rights Council.

"Menon noted that within the past 24 hours, he had noticed in the Indian government’s contacts with Sri Lanka that the Indians were sometimes in possession of more up-to-date knowledge about conditions in the conflict zone than some of their Colombo interlocutors. He speculated that the Sri Lankan military may not be keeping the brothers Rajapaksa as fully informed about the military situation. Menon said that the military was clearly finding it tougher going than they may have expected.

"The GOI (Government of India) is providing substantial humanitarian assistance in Sri Lanka, he confirmed, with 50,000 family meal packets being delivered last week and 40,000 to be delivered in the coming weeks. Shelters, medical supplies and two demining teams were also on the way. Prompted by the CDA´s (Charge D’ Affaires) question, Menon said the next big humanitarian issue to be faced was the length of time Tamil IDPs would be kept in camps. India had already weighed in with the GSL, arguing that the six month period the GSL was considering was too long……….

"Menon said the Sri Lankan government had reassured India that the government would focus on implementation of the 13th Amendment Plus as soon as possible. Menon was skeptical. Noting that he would present the proposal to the next Foreign Minister after formation of the new Indian government, he suggested it would be useful for India to convoke an international conference — noting that India, the Co-Chairs and China should attend — to look at the post-conflict landscape. Menon characterized this as an opportunity for India; prohibitions on contacts with the LTTE had prevented useful engagement in the past, but now there would be space. Menon expressly included China in the grouping, arguing that best results from Sri Lanka could be expected when the West, India and China all worked together. Otherwise, Sri Lanka would find ways to play its international interlocutors off against each other."

Diaspora targets SL politicians

In the wake of these developments, Tamil Diaspora groups are busy targeting Sri Lankan politicians and officials in countries where they reside. One is a pro LTTE group, according to the Norwegian media, has filed a complaint with that country’s prosecuting authority against Sri Lanka. It is against both political leaders and top officials. This is similar to the case against Israel made out two years ago and rejected later by the Norwegian prosecutors. The action is against leading Sri Lankan politicians, officials and military personnel.

The main LTTE lobby group, Norwegian Council of Eelam Tamils (NCET), is the organization behind this submission. Their claim incorporates the report of the UN Panel of Experts: "The allegation is strengthened by the panel with UN experts that newly published a comprehensive report on Sri Lanka. This gives the Tamils attention in their case."

It is also reported that former UN Undersecretary-General for Humanitarian Affairs Jan Egeland has also advised on the matter. It is pertinent to note that Egeland will shortly take up the position of Executive Director of Europe and Central Asia at the New York based Human Rights Watch.

The lawyer who had filed the complaint is Harald Stabell, an active member of the Red Party of Norway. NCET and many of the dwindling number of LTTE sympathizers in Norway are closely associated with the Red Party, which accounts for a measly 1.5% of the national electorate with no parliamentary representation.

A similar complaint had been filed by a group of Norwegian lawyers, led by Harald Stabell, on April 23 2009 with the National Authority for Prosecution of Organised and Other Serious Crimes of Norway on "crimes of war and gross violation of international humanitarian law and is directed against Israel’s attack on Gaza in the period from 27th December 2008 till 25th January 2009.

Rodney Perera, Sri Lanka’s Ambassador in Norway, when asked for his comments in the Norwegian media, has dismissed the complaint. He is quoted, among other matters, as saying: "There are some extreme groups that want to create sensational stories. These individuals will never be satisfied. We totally reject allegations like these. We have more important things to think about. I see that many Norwegian Tamils are travelling back to Sri Lanka to help out with things like building houses, initiating projects and such."

Another group has initiated action against Sri Lanka’s Deputy Ambassador to Germany, Major General Jagath Dias. Their claims are based on a report from a European Centre for Constitutional and Human Rights.

This week’s events have shown that human rights issues over Sri Lanka will continue to resonate in world capitals in the months to come. That it is the result of the UN Advisory Panel report is now clear. It would be incumbent on the government to adopt a more realistic approach taking Sri Lankans into confidence and project a correct picture to them. That way, the government would gain more strength and stability. Otherwise, the dawn of reality would demoralise a nation, a turn of events it would find difficult to stem.

THE NATION

Baroness, your slip is showing!

http://www.nation.lk/2011/05/15/news3.htm

Sri Lanka on Thursday protested vehemently when UN Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator Baroness Valorie Amos, in cavalier fashion quoting the Darusman report, told the Security Council that more than 40,000 civilians had been killed in the final days of the conflict here.

Sri Lanka Mission to the UN pointed out that her direct reference to material in the report was unacceptable as it was only meant for UN Secretary General’s reference and recalled the SG’s statement where he stated that he will not be taking any action on the report on his own. Sri Lanka has repeatedly rejected the report as being deeply flawed.
According to sources in New York the Sri Lanka’s open challenge had deeply embarrassed the former British Cabinet Minister and she had been defensive thereafter, but had not withdrawn her statement.

It was pointed out that by quoting an unverified statistic from an unsubstantiated report, she was in essence, contributing to the quoted material gaining currency and authenticity in the public domain.
Sri Lanka said that Amos’ willingness to use an emotionally charged, but unsubstantiated segment of the Darusman report was unacceptable. By being selective on Sri Lanka she was also playing an advocacy role that was not a function of a senior UN official who was expected to be neutral under the UN Charter. The Article 100 of the Charter is absolutely clear on this matter.

THE SUNDAY LEADER

War Crimes, Genocide Case Filed In Norway Courts

http://www.thesundayleader.lk/2011/05/15/war-crimes-genocide-case-filed-in-norway-courts/

Norwegian Lawyer on Human Rights, Harald Stabell, has filed a case under Norwegian national law, against President Mahinda Rajapaksa, his brother and Defence Secretary Gotabaya Rajapaksa, and former Army Commander Sarath Fonseka and several others for alleged war crimes, crimes against humanity and genocide against ‘Eezham’ Tamils.

The case is filed on behalf of the Norwegian Council of Eezham Tamils (NCET) and 15 affected Norwegian Tamils. Following the latest revelations by the Norwegian Minister Erik Solheim on Norwegian national media NRK about his knowledge of the white-flag surrender, which turned into a war crime, the lawyers have indicated to the Chief Prosecutor of Norway that evidence may be sought from Solheim.

One of the 15 Norwegian Eezham Tamils who have filed the case through NCET’s legal effort, is seeking justice for a Norwegian citizen who died in the Wanni during the war. The other plaintiffs are Norwegian citizens or residents requesting the court to grant redress for their kith and kin killed in the Wanni.

The charges filed in the case arise under Norwegian Penal Code Articles (20 May 2005) which are applicable to specific acts committed abroad by persons who are not Norwegian citizens or residents in Norway or in another Nordic country. Under these provisions, Norwegian Eezham Tamils who lost their relatives or property can sue those who committed these crimes against them.
Under the Norwegian Penal Code, courts may hear cases involving war crimes and other major violations of human rights.

The plaintiffs have cited the report on war crimes by the International Crisis Group and the latest report by the UN Secretary General’s Panel of Experts on Accountability in Sri Lanka.

THE SUNDAY TIMES

Switzerland, Canada reject protest

http://www.sundaytimes.lk/110515/News/nws_06.html

Canada and Switzerland have countered complaints by Sri Lanka that their governments summoned meetings in Geneva to discuss matters relating to the UN Advisory Panel’s report on alleged war crimes in Sri Lanka. Among those invited for such meetings, the External Affairs Ministry has learnt, were Sri Lankan human rights activists. Canada’s High Commissioner Bruce Levy and Swiss Ambassador Tomas Litscher were called to the External Affairs Ministry to be told of Sri Lanka’s concerns over the meetings. EAM Secretary, Karunatilleke Amunugama conveyed it during different meetings because such moves, according to him, are unfriendly acts. Sri Lanka’s diplomatic missions in Ottawa and Berne also conveyed similar concerns.

Mr. Levy told the Sunday Times his government had periodic multilateral consultations in Geneva. It was part of its diplomatic initiatives to consult a broader spectrum to determine various viewpoints in the conduct of diplomacy. “We have explained our position,” he said. Swiss Ambassador Litscher is away from Sri Lanka. Charge d’ Affairs Franz Schneider told the Sunday Times that an “informal meeting” between Ambassador Litscher and the Ministry of External Affairs took place earlier this month with “an exchange of views regarding the UN panel report.” He said: “Switzerland appreciates the fact that the United Nations in general and the Security Council in particular are addressing another aspect of the protection of civilians more systematically, which is the duty to investigate allegations of violations of international humanitarian law or human rights and to hold persons accountable for breaches of these rules. The recent referrals of situations to the International Criminal Court are striking examples of this positive trend. Switzerland welcomes the report of the Panel of Experts mandated by the Secretary-General of the United Nations on the accountability of the parties in the conflict in Sri Lanka in 2009.”

PR WEB

A Week of Remembrance Begins for Tamil’s Killed in Sri Lanka: TGTE

http://www.prweb.com/releases/2011/5/prweb8426579.htm

Transnational Government of Tamil Eelam (TGTE) has announced that a week of remembrance begins on May 12th for those killed in the final months of the war. According to the recent UN* report tens of thousands of Tamil civilians were killed and several women were raped by the Sri Lankan security forces. Several civilians also died of starvation when the Sri Lankan government prevented food from reaching Tamils. Additionally, several were bled to death and more died of sickness as a result of government’s denial of medical aid, said the TGTE spokesperson.

The Week of Remembrance will be held every year as per a Bill that was introduced in the TGTE Parliament and was adopted after a debate. Additionally, May 18th has been declared as the Tamil Eelam National Day of Mourning by the TGTE Parliament, said the TGTE spokesperson.

This week of remembrance is a tribute to those who were killed and raped simply because they belong to the Tamil community, said the TGTE spokesperson.

TGTE Members of Parliament (MPs), as elected representatives of the Tamil diaspora, are coordinating activities during this week of remembrance in their respective constituencies around the world. Several public events will be held, including prayers in places of worship, public meetings, candle light vigils, flower tributes and memorial services, said the TGTE spokesperson. TGTE is calling upon every Tamil to actively participate in these activities he said.

On May 18th rallies will be held outside the United Nations offices in New York and Geneva to urge the UN Secretary General to refer Sri Lanka to the International Criminal Court (ICC) Prosecutor and also to appoint a commission of inquiry for genocide, war crimes and crimes against humanity. TGTE has already initiated a worldwide signature campaign on these requests to the UN and the signature campaign will continue said the TGTE spokesperson. Tamils living in Tamil Eelam cannot mourn freely and openly due to lack of political space and climate of fear that is prevailing in the island of Sri Lanka. But Tamils living in free and democratic countries are organizing several public events to remember those killed and raped. Sri Lankan government can terrorize and silence those living under their control but they cannot silence the diaspora, said the TGTE spokesperson.

To read the press release in Tamil go to: http://www.tgte-us.org/letters/TGTEWeekofRememberancePressRelease%20TAMIL.html

• To view the New York Times article with details about the UN report go to: http://www.nytimes.com/2011/04/19/world/asia/19lanka.html

Contact: Minister for Interior Mr. Nagalingam Balachandran – Phone: + (33)66 236 5007 – Email: balachandrantgte(at)gmail(dot)com

AFP

Strauss takes ton off Sri Lanka ahead of Tests

http://www.google.com/hostednews/afp/article/ALeqM5hsUXN65dakqLb6zOJ_LXy3Dg5O7g?docId=CNG.656469d978e1b49056d935ff6f6dc3f4.261

England captain Andrew Strauss enjoyed the ideal preparation for the upcoming Test series with Sri Lanka by scoring 151 for Middlesex against the tourists at Uxbridge on Saturday.

Strauss, who is set to lead England against Sri Lanka in Cardiff a week on Thursday in the first of a three-Test series, batted for over four-and-a-half hours, facing 223 balls with 25 boundaries. Dan Housego (104) made only the second century of his career to help Strauss add 214 for the second wicket as Middlesex finished the first playing day of Sri Lanka’s tour on 321 for five.

But the islanders were without former skipper Kumar Sangakkara, Mahela Jayawardene, Dilhara Fernando, Thisara Perera and Suraj Randiv, who are all playing in the Indian Premier League.

They are due to arrive in time for the second warm-up match against England Lions, the national ‘A’ side, at Derby starting on Thursday.

This was Strauss’s first first-class match since the final Test against Australia at Sydney in January and his first in any kind of cricket since the 10-wicket World Cup quarter-final defeat by Sri Lanka in Colombo in March.

The day’s cricket was played out against persistent chants of ‘Sri Lanka cricket team go home’ from demonstrators outside the London ground protesting against alleged human rights abuses by the Sri Lankan government. Strauss though was unmoved and looked in superb touch from the moment he cut and pulled Chanaka Welegedara for his first two boundaries on the opening day of this three-day fixture. Many more similar shots followed and the left-handed opener was in sight of his highest first-class score, 177 against New Zealand in a Test at Napier in March 2008, when he pulled seamer Suranga Lakmal to Thilan Samaraweera at deep square leg.

TAMIL NET

Sri Lanka cricket tour raises genocide awareness in UK

http://www.tamilnet.com/art.html?catid=79&artid=33949

Sri Lanka’s cricket team began their tour of England Saturday with a match against Middlesex that was accompanied by the din of a lively protest at the Uxbridge ground by Tamil expatriates and others. A changing group of several dozen protestors holding banners, placards, and Tamil Eelam flags chanted slogans through megaphones and played drums, as some passing cars blew their horns in support. The protest, organized by the Tamil Youth Organisation (TYO), was supported by other Tamil organisations and campaign group Act Now, representatives of which joined the protestors.

The protestors took up position, in agreement with police, along the main road, but close enough to the edge of the grounds to watch England, captained by Andrew Strauss, bat against Sri Lanka.
The chanting began at 10am, before the match started, drawing the curiosity of arriving spectators, and ended at 4pm, to stay well within the time period agreed beforehand with the police.
Amongst the chants led by activists with megaphones were: “Boycott Sri Lanka cricket,” “Not to Zimbabwe, No to Sri Lanka”, and “War crimes, war crimes – say no to Sri Lanka”. The chants were interspaced by drums, including booming miruthangams.

Two large banners stated “Killing Tamils is not cricket. Stop genocide. Boycott Sri Lanka” and “It is genocide. Boycott Sri Lanka”. The enclosure set up by the police for protestors was located next to a busy road and the banners drew the attention of passing motorists, some of whom responded enthusiastically to another sign: ‘Horn for the Tamils’. “We were a constant presence through the day’s play. [Today] has been an excellent opportunity to remind the cricket fans here about the despicable conduct of the Sri Lankan state,” said Thusiyan Nandakumar, a TYO spokesperson.

Sports reporters from several British media institutions came over to chat to protestors through the day. “It was no surprise to them why we were here today,” he said, as protestors packed up.
“We are calling for a boycott of Sri Lankan cricket until that government accepts the international community’s demands for accountability for the war crimes against the Tamil people,” he said.
With the sounds of the noisy protest carrying across the ground all day, a couple of spectators had objected to police, but the right to protest was being upheld, a reporter with one British daily told protestors.
A handful of relaxed police officers were on duty. Senior officers who visited occasionally to speak to protest leaders praised the orderly conduct of the protest, activists said. “We intend to exploit the attention drawn by the Sri Lankan cricket tour to further build public awareness here [in UK] of the Colombo government’s conduct,” Nandakumar said, adding that further protests will take place outside later matches. The TYO also collected signatures from passing members of the public for its ‘Boycott Sri Lanka’ postcard campaign. “We collected two hundred [signed] cards, and some people have also taken some for their friends and colleagues,” Nandakumar said.

14^th May

SYDNEY MORNING HERALD

Australian entangled in a final act of civil war

http://www.smh.com.au/world/australian-entangled-in-a-final-act-of-civil-war-20110513-1emdt.html#ixzz1MW2dlpiL

In the frantic confusion of the last hours of the Tamil Tigers’ war, some sought a way out. Through text messages and phone calls they offered an unconditional surrender, in return for safe passage out of the war zone. Now, two years on, an Australian citizen and senior Sri Lankan diplomat stands accused, in an application to the International Criminal Court, of complicity in the murder of surrendering Tamils. A Herald investigation examines one desperate final act in Sri Lanka’s civil war on a lonely, bloody beach at Mullaitivu.

The ruthless separatist war waged by the Liberation Tigers of Tamil Eelam against the Sinhalese-majority Sri Lankan government came to its bloody end, after more than a quarter of a century, in May 2009.

The terrorist army, which at one stage controlled a third of the island, was reduced in the end to a narrow strip of coastal land, hemmed in by the sea, a lagoon, and a relentless assault from the advancing army. Many Tigers vowed to fight to the death rather than lay down their arms, but as the bodies piled up on the beach, some sought a way to surrender, for themselves, and for the thousands of civilians they held hostage. Under constant heavy shelling, on mobile phones with waning batteries, they rang and sent text messages to anyone they thought could help rescue them.

They contacted diplomats, journalists, workers of non-governmental organisations, seeking anyone who could broker an agreement between their rump of a resistance and the government. They made dozens of calls. Through a European intermediary, they got a message to Dr Palitha Kohona, Sri Lanka’s foreign secretary, and at that time the public face of Sri Lanka’s war against the Tigers.

Dr Kohona is dual Sri-Lankan Australian citizen, a former Australian diplomat and trade negotiator for the Department of Foreign Affairs and Trade. He is now an ambassador for Sri Lanka, the country’s permanent representative to the United Nations. He was contacted with a message on behalf of a man called Pulidevan, who was the head of the Tiger peace secretariat. Pulidevan was not a soldier, but a key Tiger policymaker. He offered an unconditional surrender. Willing to walk out with him were members of his family, Nadesan, the head of the Tigers’ political wing, a Tigers’ Colonel called Ramesh, and more than a dozen civilians.

Over several hours it was negotiated that those who wished to could safely surrender under a white flag. They were told a route to walk from behind a defensive bund into the custody of the army’s 58th division. The troops were told to expect them. At 8.46am on Sunday, May 17, Dr Kohona sent a text message to a third party intermediary, which was passed on to Pulidevan. "Just walk across to the troops, slowly! With a white flag and comply with instructions carefully. The soldiers are nervous about suicide bombers." At 6.30am the next day, Pulidevan and Nadesan, each carrying a white flag above his head, and followed by a group of about 15 that included their families, walked from their hideout towards the 58th division. A Tamil man who was in the war zone and watched them leave – who has since fled Sri Lanka, but asked that his name be withheld for fear of reprisals – told the Herald they walked as instructed and none were armed.

"I saw them with my own eyes. Pulidevan and Nadesan and then behind them the other people. I saw them walk towards the soldiers. The soldiers had trucks, they took the people behind the trucks and behind the sand mound, we couldn’t see them any more. Then we could just hear shooting, and people yelling. The shooting was fast, like a machinegun.” Reports at the time said Pulidevan’s wife, a Sinhalese woman, called out to the troops in their native Sinhalese: "He is trying to surrender and you are shooting him".

The deaths of Pulidevan and Nadesan were reported within half an hour. The body of Pulidevan’s wife was found, too, also shot dead. The war ended that day. The bodies of some of those who surrendered were found in the days following, but many were not. It is believed that none of those who surrendered survived. Dr Kohona told the Herald the text message was not part of any negotiations with the Tigers. "I have said … categorically that as foreign secretary of Sri Lanka, I never had the authority to issue orders to troops or to discuss surrender terms of any terrorists, either directly or indirectly." He did not "honestly believe" an effort was made by the group to surrender. "The text is likely to have been in response to an inquiry, but not from anyone associated with the LTTE. This was not an effort to arrange a surrender, which I had no authority to do. "In my understanding this is how surrenders normally take place. This was all the advice I could give."

The Herald has confirmed with three independent sources the message sent by Dr Kohona to a third party was in response to an offer from Pulidevan of a surrender. The message was passed to Pulidevan. But while Palitha Kohona was regarded as a key player in negotiations, evidence is emerging the Tigers’ planned surrender was foreknown throughout the Sri Lankan government and military, to the very highest levels. The report to the UN Secretary-General on the conduct of the war, released last month, found: "both [Sri Lankan] President [Mahinda] Rajapaksa and [his brother] Defence Secretary Basil Rajapaksa provided assurances that their surrender would be accepted. "These were conveyed by intermediaries to the LTTE leaders, who were advised to raise a white flag and walk slowly towards the army, following a particular route advised by Basil Rajapaksa."

Leaked US embassy cables show Norway’s ambassador was in regular contact with Tamil Tiger leaders and with both Basil Rajapaksa and another brother, Gotabaya, urging the government to accept a surrender. And a deposition from a senior army officer, seen by the Herald, says there were instructions from a field commander "to get rid of the LTTE cadres who are surrendering, without adhering to the normal procedures".

The Sri Lankan government has maintained the surrendering Tamils were shot by other cadres as they deserted. It says it pursued a humanitarian rescue operation. Dr Kohona himself addressed the UN Security Council this week, telling it that at the end of the war, "the government adopted a zero civilian casualty policy”. He told the Herald he has "absolutely no idea" how Pulidevan and Nadesan died. "The version [presented by the report to the UN] appears to be a convenient entree to establish criminal conduct. The rump LTTE has been working overtime clutching at straws to get even.” The UN Secretary-General’s report found it was "unable to accept the version of events held by the government of Sri Lanka".

SRI LANKA GUARDIAN

Chief Minister elect Jayalaitha must carry the mantle of MGR

http://www.srilankaguardian.org/2011/05/chief-minister-elect-jayalaitha-must.html

AIADMK supremo J Jayalalithaa’s election as Chief Minister of Tamil Nadu has come at the time when strong outcry from Tamil Nadu is much needed to bring peace, justice, honour and due recognition for her Tamil brethrens across the Palk Strait island of Sri Lanka.

Her statement to declare Mahinda Rajapakse ‘a war criminal’ and that ‘India should come out with economic sanctions against Sri Lanka to compel the government to take steps to mitigate the sufferings of Sri Lankan Tamils and provide them an honourable and decent life’ speaks volume of her feelings. The issue of Sri Lankan Tamils is clearly going to be one of her main agenda during her term in office.

The brutal war that has swallowed the lives of thousands of innocent Tamils has still not ended. A war of attrition is waged against the Tamils by the government following the demise of the LTTE to further marginalise them by treacherous governance practices and government is still insincere to offer an honourable devolved political resolution for the Tamils in Sri Lanka to live like their brethrens in Tamil Nadu.

The Tamil people are under the writ of the jumbo sized military formed to fight the LTTE and there are reporting that the military strength is to be increased by another 100,000 personnel over the next five years.

Deceptive practices of the President addressing in Tamil and concentrating more on the development work to reflect these as government’s reconciliation efforts must be roundly condemned and rejected.

The perpetrators of war crimes must be brought to justice and the recommendation of the advisory panel of the UN Secretary General must be fully implemented with the pressure from Tamil Nadu under the new chief minister’s effort. A serious political resolution process must start without further delay.

India must play a mediator role with absolute sectioning power against those violating the negotiation process and a time scale must be drawn to find a political resolution. India must take an assertive stand without abandoning its efforts under pressure from the extremists.

If Sri Lanka continues to hinder an equitable and accommodative political resolution to the conflict, India must assert itself to permit a referendum for the Tamil people in Sri Lanka to decide whether they wish to become a union state of India.

AIADMK supremo J Jayalalithaa’s stand on the Tamil people of Sri Lanka will be the last opportunity for her to give due homage to the Late Chief Minister MGR who played a pivotal role to get India engaged post 1983 state sponsored anti-Tamil violence in Sri Lanka.

Tamils roundly welcome her election and her assertive stand upon her victory.

COLOMBO PAGE

* Sri Lanka government talks with Tamil constituent to continue on May 23

http://www.colombopage.com/archive_11/May14_1305347682KA.php

Sri Lanka government sources say that the next round of talks with the major Tamil constituent Tamil National Alliance (TNA) regarding a political solution to the Tamil demands will take place on May 23. The government sources say that the talks have entered into a crucial stage. The government has discussed setting up of a second chamber or a senate in the legislature at the talks held yesterday with the TNA, sources added. However, the local Daily Mirror reported that the TNA has declined to accept the government’s proposal to establish a senate as a substitute for a ‘power devolution arrangement’.

The government replaced the resigned delegate former Prime Minister Rathnasiri Wickramanayaka with former peace secretariat head Prof. Rajive Wijesinghe. TNA also included President’s Counsel K. Kanag-Iswaran in its delegation.

SRI LANKA GUARDIAN

Activities evolving similar to Jewish holocaust remembrance is held in the UK

http://www.srilankaguardian.org/2011/05/activities-evolving-similar-to-jewish.html

by Rajasingham Jayadevan

I was privileged to attend a series of meetings of some of the leading Tamil groups campaigning for justice for the Tamil people in the genocidal war against them in Sri Lanka.

It was with humility I witnessed the contributions of the parties coming together from diverse political opinions and internecine conflicts of the past.

There was common sense of feeling that the government of Mahinda Rajapakse has used unlimited force of the state against international humanitarian and human rights laws to perpetrate genocide against the Tamil people in his war efforts to liquidate the LTTE.

The engagements were very transparent and issues critical of the warring parties were discussed and it was strongly felt that diaspora Tamils must come together to engage in the campaign to strengthen the war crimes efforts of the international community against Sri Lanka.

The denial spree Sri Lanka government is all out to hide the truth of the war and it was felt that the government is now waging a war against the diaspora Tamils to brand them as ‘LTTE rumps’ and introducing immigration controls to disconnect the Tamils in Sri Lanka and those evicted from the country during the decades old war.

Wider consensus was reached to declare 12th May 2011 to 19th May 2011 as remembrance week. It was agreed, this week must be declared a ‘Week of Genocide against the Tamils’. There was consensus to annualise this equating to the Jewish Holocaust remembrance.

According to the programme, there will be week long remembrance events and religious services and mass campaign throughout the week and on the 18th and 19th May 2011, there will be public meetings to remember all the Tamils who have died in the state backed anti-Tamil riots since independence from Britain and those killed in the decades old war.

The mass protest organised by the British Tamil Forum (BTF) at the Trafalgar Square on the 18th May 2011 is unanimously backed by all the Tamil groups and it was agreed to give practical support to uplift the spirit of the event.

A steering committee formed to help carryout the awareness campaign will hold a inter religious faith meeting on the 19th May 2011 in Central London to be attended by many religious ministers and leading speakers.

DAILY MIRROR

Darusman’s False and Highly Biased Report

http://print.dailymirror.lk/opinion1/43899.html

Sri Lanka is being condemned by the Western Powers and their stooges in the UNO regarding human rights violations.  A mock panel has been appointed without General Assembly and Security Council permission.As regards violation of human rights by the USA targeting and killing hoards of civilians by unmanned drones in Afghanistan, this is what a US Federal Judge had to say whilst delivering a judgment: “There is a painful conflict between human rights and national security.  Fundamental human rights have to be sacrificed at the alter of national security”.

This is now settled law in the USA.  Why then are the US and the UK attempting to create problems for us, merely to satisfy 300,000 LTTE Diaspora supporters?  Is it that International Law exculpates the western powers, while Sri Lanka is governed by another set of International human rights Laws?  There is one law for the Western countries and another for Sri Lanka! The standard and quality of US and UK politicians have deteriorated to such an extent that they will stoop to accepting filthy lucre from the LTTE’s enormously rich treasury. They will also compromise their honour, for the LTTE Diaspora vote that they can secure at elections.

In our conflict, the corrupt and foolish Western politicians by taking the side of criminal gangs and their Diaspora, are steadily and surely inviting hatred towards their nations.  The Arabs detest them.  The South American countries spurn them.  So do Afghanistan, Pakistan, the African Union, Sri Lanka and a majority of Indians. Almost all Non-Aligned Countries would not approve of their cut-throat ways and their interference in the internal affairs of sovereign states. It goes without saying that China and Russia are waiting for the day when the so called Western powers will crawl before them.  Pretty soon they will find themselves isolated.

It is sickening to think of the “holier than thou” attitude of the Western countries who are trying to probe fabricated human rights violations of Sri Lanka, while they violate human rights with impunity.  Corruption is a wind that is blowing now across the Western countries. We must start a campaign to commence a parallel United nations Organisation headed by a strictly impartial Secretary General who will hold the scales evenly amongst all actions.  No 2 terms should be encouraged.

The Report of the Panel of Legal Experts unilaterally appointed by Ban Ki-moon has now been released.  This is a very pliable panel who has been twisted and turned by the Western powers.  They have also been heavily influenced by the LTTE Diaspora.  They are a set of insignificant people who have been hand picked by the already partial Ban Ki-moon.  They have proved that they are incapable of justice and fair play.  They have also proved their ignorance of international law.  They are no experts than the man in the moon!

This is a completely ex-parte and partial report based on video clips, blatantly false material fed to them by the Tamil Diaspora.

Before the death of Prabhakaran, they influenced Hillary Clinton to coax David Miliband and Kouchner to go to Sri Lanka and attempt to twist the arm of out President.  But our President had the strength of character not to yield.  The Western powers felt thoroughly insulted that they could not save Prabhakaran’s life.

Navaneethan Pillai, the UN Human Rights Chief, has been heavily influenced by the Diaspora.  Clinton and Pillai are pushing Ban Ki-moon to pressurize the Sri Lankan Govt.  It is a shame that this panel of experts – supposedly honourable and impartial people, have now yielded to the pressures of Ban Ki-moon, the Western powers and the leaders of the Diaspora.  This is exactly the Report based on fabricated material, that was expected of them. If our Forces wanted to massacre the Tamils, all they had to do, without wasting their bullets, was to watch Prabhakaran and his men exterminating the Tamils when they came out from the clutches of the LTTE, to the Govt side.  Not a word of praise from the West or Ban Ki-moon for SAVING the lives of 300,000 Tamils, when our Forces put their lives in harms way, in order to save these Tamils.  Thousands of Tamils held as hostages were killed by the LTTE, during the last few days of the war, when they were in the process of escaping from the LTTE held areas.

After the death of Prabhakaran and his cohorts, we fed the refugees, clothed them, medicated them, sheltered them, built hygienic toilets to prevent an out break of cholera.  Every conceivable precaution was taken for their well being, while the Tamil Diaspora contributed nothing to look after these, their own displaced people.

The Report is an absolute sham and should be roundly condemned.  Ban Ki-moon, Hillary Clinton, Navaneetham Pillai and Robert O”Blake would have instructed this panel what type of report they expect from them, in order to create problems for Sri Lanka, for crushing the worst terrorist organization in the world.  It is a shame that these supposedly honourable people have prostituted themselves to tender a report acceptable to the West and to the partial UN officials.

The US and the UK forces are killing innocents in Afghanistan and Libya.   As Secy General of the UN, he is expected to hold the scales even, whether it be an insignificant  member or a super power.  No favouritism is permissible.  His salary is paid by the contributions of all members of the UN.

It is apparent that this Secy General is dictated to by the Western powers and will bend over backwards to please them.  If he is impartial, he should have first appointed a panel to examine the atrocities that are presently committed by the US and UK inAfghanistan and Libya, in order to prove his bona fides.  The Western forces are killing thousands of civilians with their unmanned drones, in Afghanistan, Libya and Pakistan.

He should also appoint a panel to investigate the torture in Abu Grahib and Guantanamo Bay.  Ban Ki-moon at the dictates of the US, UK and the European Union is attempting to give oxygen and restart violence in Sri Lanka.  It has to be clearly understood that excesses are bound to occur in war, but these don’t amount to human rights violations.

A Sri Lankan with guts should be permitted to address the General Assembly and the Security Council, to expose Ban Ki-moon as a thoroughly unsavoury and unsuitable person to hold the post of Secretary General of the United Nations Organisation.

It is not the human rights violation that are really prodding the Western political leaders and the corrupt UN officials. Corruption is a new wind that is blowing across the UN and the Western world.

Inga-Britt Ahlenius, Under Secy General of the UN and a former Swedish Auditor-General, made a scathing attack on Ban Ki-moon’s integrity.  Having been associated with him for so long, she had every opportunity to determine the type of person he is, and that he is totally unfit to head the United Nations. With all these allegations Moon has survived, thanks to his being shielded by corrupt Western Powers.  Small wonder then, that he will not go against their dictates!

Inga-Britt Haleness  in a 50-page states, “that the Secy General improperly refused to allow many of her office’s audit reports to be made public, or to allow nearly all of its confidential investigative reports with evidence of potential criminal wrongdoing to be referred to prosecutors.”  She further states that he tried to take control of investigations. Her Office of Internal Oversight Services resisted his efforts to launch official probes into news leaks.”  She goes on, “the fact is that you are not upholding to the letter, nor to the spirit, the General Assembly’s decision to ensure an operational oversight body in the interest of the organization.  In this sense your actions are not only deplorable, but seriously reprehensible.  No Secy General before you has questioned the authority delegated to the Head of OIOS to appoint the staff.  Your action is without precedent and in my opinion seriously embarrassing to yourself.”  She further adds, “last year, similar criticism was voiced by Norway’s UN Ambassador Mona Juul in another unusual personal attack on Ban.”  She adds, “the investigations led to an unprecedented number of misconduct findings by UN officials and prompted Federal probes into corruption.”

This is the UN under Ban Ki-moon.  Therefore no credibility or confidencd can be placed on a Report submitted by a panel unilaterally handpicked by him.

ACT NOW NEWS PR

CRICKET BOYCOTT – THIS SATURDAY 14TH MAY!

Members of the Tamil Youth Organisation (TYO) and human rights group Act Now (AN) protested outside Uxbridge Cricket Ground against the Sri Lankan touring cricket team’s first warm-up match on Saturday.

Chants of ‘Genocide is simply not cricket!’ and ‘Sri Lanka go home’ greeted cricket goers and the touring team. Over a hundred campaigners descended upon the ground objecting to the appearance of the Sri Lankan national cricket team.

Act Now Director Tim Martin went inside the ground and distributed leaflets explaining why the demonstrators were outside. Tim was eventually escorted from the club grounds by police but not before he got his point of view across to the spectators and media alike!

Campaigners were particularly annoyed that the visit took place after the recent release of the UN Advisory Panel Report revealing the numerous abuses that took place in the early part of 2009. These included the shelling of hospitals and the killing of countless thousands of innocent Tamil civilians in the fighting between the Government and Tamil rebels. Many in the international community are calling for an investigation which may lead to War Crimes prosecutions.

Act Now Director Graham Williamson said "English cricket has a history of boycotting teams whose countries have an appalling human rights record. We recently refused to tour Zimbabwe or of course South Africa of old. Whilst cricket isn’t politics Sri Lanka try and use these events to portray themselves as acceptable members of the international community. Whilst they continue to persecute Tamils on that Island they are not and we shall continue to expose their actions to the outside world".

Campaigners vowed to continue demonstrating whilst the Sri Lankan tour continues.

DAILY TELEGRAPH

Andrew Strauss returns to action for Middlesex as Sri Lanka begin their tour of England

http://www.telegraph.co.uk/sport/cricket/international/england/8513061/Andrew-Strauss-returns-to-action-for-Middlesex-as-Sri-Lanka-begin-their-tour-of-England.html

Strauss, who was presumably behind the move, makes his first appearance in the middle since returning from the World Cup. Getting him back in the groove before the Test series begins in 12 days makes sense but so too does denying an inexperienced Sri Lanka side a preview of Lord’s, the venue for the second of the three Tests.

Nobody knows, definitively, the margins by which England, who are third in the rankings, need to beat Sri Lanka and then India to get to the top, as India, the leaders, have yet to play their Test series against the West Indies. All the experts will say is that it will still be possible even if Mahendra Singh Dhoni’s side enjoy a clean sweep in the Caribbean. As the man whose England side holds the Ashes and as someone whose one-day goals have evaporated through retirement from that format, Strauss will be motivated to reaching the summit. A top-four position in 18 months’ time would guarantee England a place in the four-way play-offs to decide the International Cricket Council’s Test Match Championship, which takes place in England during 2013, but No 1 has been a long-stated and, so far at least, elusive goal.

Strauss’s form, which he felt was being undermined by the demands of one-day cricket, will be crucial. It is rare that a team work well when their captain is struggling and his journey back to the kind of form with which he began, but did not finish, during the Ashes winter, starts here. He will not captain his county though, with that job, in the absence of Neil Dexter, going to 23-year-old Dawid Malan. Whether Strauss gets ample opportunity to reconnect his batting over the three-day match at Uxbridge depends on what Tamil protesters have got planned when they turn up there this morning.

In 1981, Sri Lanka played a Combined Universities team at the Parks, a match in which our correspondent played, and in which protesters dug up the pitch after the first day’s play. There is no suggestion that this will happen at Uxbridge but the ruthless way the Sri Lankan government, under President Mahinda Rajapaksa, crushed the Eelam Tiger insurgency in the north of the island two years ago means feelings are still raw among the Tamil community.

Sri Lanka’s cricketers are used to such protests and tolerant of them providing they are peaceful. “We will give the protesters our usual respect as long as they don’t interfere with the cricket,” said Stuart Law, Sri Lanka’s Australian coach, when asked about them on Friday. Sri Lanka had not finalised their side for Saturday’s match but new captain Tillakaratne Dilshan is keen to play despite arriving in England on Friday. With Kumar Sangakkara and Mahela Jayawardene still needed in the Indian Premier League until next week, there is the chance to blood youngsters such as Lahiru Thirimanne, though all-rounder Farveez Maharoof has been seconded from Lancashire to help out, if required, until the squad is complete.

On paper, Sri Lanka appear the easier of England’s two opponents this summer, but their batting is formidable. If they fire, and the unseasonably dry conditions means pitches are more likely to suit than would normally be the case at this time of year, then the inexperienced bowling attack, led by the under-appreciated Dilhara Fernando and made respectful by Ajantha Mendis’s spin, might just find the necessary teeth.

Middlesex’s agreement not to play this fixture at Lord’s, as well as their insistence that it is an 11-a-side first-class match, are the only concessions towards aiding England’s cause.

Like most teams who play the tourists these days, they are resting the majority of their leading players with only a smattering present to bolster a mixture of second-team cricketers and trialists.

It would not happen in Australia but then part of England’s Ashes success last winter was credited to them warming up with games against full state sides, so perhaps tough opponents help prepare you better. One familiar face, at least to Middlesex supporters, will be Jamie Dalrymple, back after being sacked as Glamorgan captain during the off season. He and Strauss provide a rare bit of experience in an otherwise callow eleven that includes young pace bowlers Gurjit Sandhu and Tom Parsons as well as 18-year-old batsman Adam Rossington.

10^TH May

ADAM BANDT BLOG (GREEN MP – AUSTRALIA)

Sri Lanka envoy wrong man for the job: Bandt

http://adam-bandt.greensmps.org.au/content/media-release/sri-lanka-envoy-wrong-man-job-bandt

Greens MP Adam Bandt has expressed dismay at the Australian government’s approval of a former naval commander as the new Sri Lanka High Commissioner to Australia.

Mr Bandt said the decision could undermine Australia’s ability to play a positive to role in supporting human rights and peace in Sri Lanka. "Admiral Samarasinghe is the wrong man for the job," Mr Bandt said. "The UN has said there needs to be an investigation into war crimes by the navy on his watch."

"The government is responsible for doing due diligence in the wake of the claims about war crimes and human rights abuses." "The Australian government would be wise to not accept ex-military officers for diplomatic positions." "The government needs to revisit this decision."