Outline of submission made to commission on lessons learnt and reconciliation-by Jayantha Dhanapala
Jayantha Dhanapala
25/6 Pepiliyana Road,
Nugegoda.
30th August 2010.
Dear Sir/ Madam,
In response to an invitation from the Chairman of the Presidential Commission on Lessons Learnt and Reconciliation (LLRC), I appeared before the Commission at 2 p.m. on Wednesday the 25th of August in Colombo having sent a written submission ahead. I considered this a performance of a civic duty on my part.
In my oral presentation, based on scribbled Talking Points and not on a fully developed text, I outlined my thoughts on the subject expanding on my written submission at some points and adding to them at others. I also responded to the questions asked of me by allthe members of the Commission ex tempore.
I have been surprised and disappointed by the many distortions of my presentation appearing in the Sri Lanka media and the commentaries based on these erroneous and selective reporting.
Until I am able to obtain an authoritative transcript of my presentation and the question and answer session from the LLRC I have decided to release the attached text of my written submission so that the media and the general public may have a more accurate record of the views I have expressed to the LLRC.
I shall be most grateful if you will please give this the fullest publicity. The full text of the LLRC transcript will be sent to you as soon as it is received.
Yours sincerely,
Jayantha Dhanapala
OUTLINE OF SUBMISSION MADE BY JAYANTHA DHANAPALA TO COMMISSION ON LESSONS LEARNT AND RECONCILIATION
1. My experience as a career diplomat in the Sri Lanka Foreign Service from 1965-97, and in particular my period as Ambassador and Permanent Representative to the United Nations Office in Geneva from 1984-87 and Ambassador to the USA from 1995-97, are relevant to the challenges of representing a country in conflict and defending it against allegations of human rights violations. In addition my service as an international civil servant with the United Nations for ten years provided me with a multilateral perspective which will enable me to help the Commission understand the workings of an international organization in its relations with a member state. Finally my tenure as Secretary-General of the Secretariat for the Co-ordination of the Peace Process (SCOPP) from 2004-2005 and as Senior Adviser to the President of Sri Lanka from 2004-2007 exposed me to an experience relevant to your mandate.
2. The details of my curriculum vitae and my writings and statements are available on my website www.jayanthadhanapala.com
3. At the outset may I state that I welcome the appointment of your Commission despite its belatedness. It is an opportunity to learn from the tragedy of the recent past and to establish a basis for national reconciliation and unity. The leadership of H.E. President Rajapakse and the bravery of our armed forces resulted in an outstanding military victory over a ruthless terrorist group which ravaged our nation for decades. The time has now come for a multi-dimensional political solution to consolidate that military victory addressing the roots of the conflict.
I must warn, however, against a strategy of postponing Constitutional change and a political solution to the problems that culminated in three decades of conflict until the Commission concludes its work and makes its recommendations. That would only exacerbate existing grievances and widen the gulf between the Government and the public at large especially those belonging to the minority communities. It will also affect the credibility of your Commission adversely. A series of APRC meetings have taken place and a draft report awaits action by the President and its presentation to the general public for discussion and a decision after a wide consultative process.
4. Your mandate artificially sets a time frame from 21 February 2002 to 19 May 2009 . That and its restricted mandate is also a limitation in your good faith efforts to discharge your task. The lessons we have to learn go back to the past – certainly from the time that we had responsibility for our own governance on 4 February 1948 . Each and every Government which held office from 1948 till the present bear culpability for the failure to achieve good governance, national unity and a framework of peace, stability and economic development in which all ethnic, religious and other groups could live in security and equality. The political expediency of apportioning blame will not serve the purpose of national reconciliation. A collective apology to the people of Sri Lanka is owed by all political parties.
5. The supreme law of the land is its Constitution and we have still not been able to frame a Constitution that elicits the confidence and trust of all our citizens. It is not possible within this brief note to outline the form of devolution that I think is vital to prevent future conflict in our land. Suffice to say that constitutional reform is vital and I trust that the excellent talent we have among our constitutional lawyers will be harnessed in this vital task.
6. Education is a primary tool in creating a tolerant society. The experts we have in this field will advise more competently than I can about the techniques of teaching the three languages in use in our country from the earliest age. This must be more than a token gesture and the need for competencies in all three languages up to the GCE ‘O’ level will be necessary to weld our nation into the harmonious multilingual society we need to be.
The cost of recruiting teachers and producing the books for this is a small investment for a huge gain. The example of other countries can be studied most especially in Canada . As far as possible classes in comparative religion could be introduced at senior levels in secondary schools so that a basic understanding of the 4 religions practised in our country is imparted as a pre-requisite for tolerance and religious harmony.
7. Addressing my own experience more directly I recommend that the career diplomats in the Sri Lanka Foreign Service be trained in the representation of a multi-cultural country. All diplomatic and consular missions of Sri Lanka abroad should have officials conversant in Sinhala and Tamil to communicate with the growing expatriate Sri Lankan communities. The symbols and photographs displayed in these missions should focus on the rich diversity of our culture with representatives of all religions participating in the official ceremonies conducted by them. A special outreach effort to engage all groups within the expatriate Sri Lankan community must be organized by the Ministry of External Affairs and implemented by our missions abroad.
8. Sri Lanka is a signatory of all the major international human rights conventions and reports periodically on its adherence to these norms. It would be useful if national reports are not only co-ordinated with relevant Government agencies but also with leading NGOs as well. NGO representatives could be included in the Sri Lanka delegations to Human Rights meetings. More prominence must be given in the media to these reports and the proceedings in the international forums considering them. This transparency about the country’s performance in relation to international norms is necessary both for our own citizens and for the information of the international community
9. The armed forces of Sri Lanka are already being trained in international humanitarian law and human rights. This must be intensified and the Police and the provincial administrators brought into this training process. All police stations and government offices must have facilities to deal with citizens who speak only in Sinhala or Tamil recording statements in the language of the citizen’s choice.
10. International Humanitarian Law is work in progress. Currently there are four treaties and three additional protocols which, over approximately one and a half centuries, have set the norms. The modern experience of counter-terrorism needs to be reflected in the codification of this law and Sri Lanka is uniquely equipped to take an initiative in this respect. Armed combat with terrorist groups using suicide bombers, child soldiers and human shields make the protection of civilians and war victims very difficult for the armed forces.
While in no way reducing the humanitarian aspects of the existing law some discussion could take place in the international community on how the rules of engagement between the armed forces of the state and the terrorist groups could be amended on the basis of the experience gained in Sri Lanka and elsewhere. For example, the May 2009 heroic breaching of the earth bund, behind which an estimated 300.000 civilians lay trapped by the LTTE as human shields, led to the saving of many lives and the conclusion of the conflict but the alternative scenarios and its humanitarian law consequences for Sri Lanka must also be considered.
With regard to anti-personnel landmines, while the Mine Ban Convention applies to nation states the Geneva Call is a neutral and impartial humanitarian organization dedicated to engaging armed non-State actors (NSAs) towards compliance with the norms of international humanitarian law (IHL) and human rights law (IHRL). The organization focuses on NSAs that operate outside effective State control. The LTTE rejected overtures by the international community to join this Call. The point I make is that existing norms have to be adapted to new situations that arise.
Sri Lanka will need to consult through diplomatic channels and especially with the ICRC to convene a diplomatic conference to formulate a new Additional Protocol on new situations arising on the battlefield when encountering terrorist groups. This would be innovative diplomacy and far more constructive than the vitriolic outburst and melodramatic demonstrations we have engaged in against countries and organizations critical of our human rights record.
11. The post-conflict situation is an excellent opportunity to de-weaponise our society. In the years of terrorism both in the South and the North we developed a gun culture. The country was flooded with small arms and weapons. Nobody felt secure without a gun. But even after the LTTE were defeated we have seen no replacement of the culture of violence with a culture of peace. There is violence at the level of the village and there is violence in cities. Guns contribute to this. We have a national campaign against the consumption of liquor led by the President called “Mathata Thitha”.
Should we not also have a programme which we can call “Aviyata Thitha”? I appeal to you to place this at the top of your priorities. The free availability of Small arms and light weapons feeds conflict and crime. They are cheap and can be carried even by children. About 60% of human rights violations in the world have involved the use of these weapons. In Sri Lanka we need stricter laws for gun control.
The existing Firearms Ordinance goes back to 1916 during the British colonial era and although penalties for offences under it have been increased the entire law relating to gun control needs revision and modernization. We do not even have reliable estimates of how many guns we have licensed and unlicensed. Some NGO surveys say there are 1.9 million in circulation. According to news reports guns owned by the LTTE are frequently being discovered. Are we sure they go into the custody of the Government?
There are guns which deserters from our armed forces have carried away from the battlefield which may have gone into the underworld. There are trap guns illegally used by farmers which are misused for criminal activities. Guns should as far as possible be owned by the security forces only and private ownership must be licensed and for justifiable reasons. In a post conflict period while ensuring that we are vigilant to prevent terrorism we must also roll back the process of militarization that has taken place in our society.
When I was in charge of the Disarmament programme in the United Nations in addition to urging strong action against nuclear weapons I led a campaign against small arms which was directly affecting the peace and development of developing countries. There are an estimated 875 million small arms in the world 75% in the hands of civil society. They cause the deaths of about 500,000 persons every year.
The UN held a conference in 2001 and adopted a Programme of Action to prevent the illicit trade in small arms. That programme is being implemented and every two years international conferences are held to review its implementation. A Preparatory Committee met in July this year to draw up an Arms Trade Treaty which will regulate the trade in conventional weapons in the world. We can use the many experiences in other countries to mop up surplus guns in Sri Lanka . Some of them have had bonfires of surplus guns.
I would like to see the destruction of surplus guns in our country. That will symbolize more effectively the end of a gun culture and the defeat of terrorism. There are international resources available for curbing the proliferation of guns which we can use.
12. Racial and religious prejudices exist close to the surface in our society and can erupt in moments of tension. We need a law banning hate speech and hate incitement so that whether by the majority or the minorities all forms of hatred based on ethnicity, religion and caste are declared illegal. A Race and Religious Relations Act patterned on what other multicultural democracies have could be introduced under the Ministry of Nation Building.
A return to basic ethical principles and values is urgently needed in our country today when advocates of exclusivism, prejudice, hate and violence stand in the way of rebuilding a peaceful and prosperous nation.
Let us remember the words of Buddha, as recorded in the Dhammapada:
“The others know not that in this quarrel we perish. Those of them who realize it, have their quarrels calmed thereby.”
It is time we calmed the quarrels among ourselves.
Pix: courtesy of www.iiss.org
27 Comments
Jayantha Dhanapala is the quintessential Sri Lankan
gentleman-citizen in the fullest sense. When and wherever he took a position or expressed views towards resolution of the National Question, he did so with objectivity across parochial lines. To criticise him in the matter of his coming before the LL&TC and expressing his views is to miss the woods for the trees. A reading of the material he places before the public here demonstrates his continued good intent in the service of his country and, equally, the fickleness of those who have sought to subject him to undue abuse under the transparent veneer of constructive criticism.
Mr. Dhanapala, the eminent international diplomat who brought much credit to his country, may be assured there is a groundswell of support for his views
to bring peace and unity to Sri Lanka. There are many who believe it was the UN and the world that lost in missing out his services as the UNSG.
ISS
John Holmes and Gordon Weiss had to wait to leave the UN to say a few things just as Dhanapala kept mum over the last 15 months. The preceding article on this website, Mannar - Tamil misery continues, says it all:
''... “Be careful and watch your mouth. The government security forces are vigilant and they do not like us talking to outsiders," my hosts warned.
The alert and watchful eyes of weary soldiers scanned every vehicle passing through the checkpoints.
They are tired but seem to be friendly. Especially after the moment they identify someone as a Sinhalese visitor from the south. ...''
Here we have a potential
candidate for the next
Presidency of a democratic Sri Lanka, if
there is to be one!!
Political forces and the
Voters need to be educated
first?
Dhanapala is disappointed by selective reporting?
From Tarzi Vittachi smuggling manuscript of Emergency '58, to Prageeth Egnaligoda .... ......
JD concluded : ""A return to basic ethical principles and values is urgently needed in our country today when advocates of exclusivism, prejudice, hate and violence stand in the way of rebuilding a peaceful and prosperous nation.
Let us remember the words of Buddha, as recorded in the Dhammapada:
“The others know not that in this quarrel we perish. Those of them who realize it, have their quarrels calmed thereby.”
It is time we calmed the quarrels among ourselves ""
1. Is JD talking about the Sangha or the Sinhalese parties and their leaders or both when he saya ""A return to basic ethical principles and values is urgently needed in our country today when advocates of exclusivism, prejudice, hate and violence stand in the way of rebuilding a peaceful and prosperous nation.""
2. When Jayantha Dhanapala says "It is time we calmed the quarrels among ourselves "" it looks like he mean among the two major Sinhalese parties. If they are united this is the time to impose solutions having occupied the whole island . I may be wrong.
3. By quoting Dhamapada and preaching JD is doing the job that should have been done by the Mahanaykes long time back. That means giving Buddhism special place in the constitution did not work.
4. It looks like JD do not believe in secular SL. I think JD still believes Dhammapada is superior to Mahavamsa. A lone voice.
Bottom line JD too defends the MR regime in a SL Buddhist way.
Thanks you so much Mr. Danapala for releasing your statement to press. This has changed my earlier opinion about you which I had after reading the news reports. I really appreciate your suggestion of trilingual ability of our citizens.
Further your suggestion of posting persons to the Sri Lanka Missions abroad who could speak Sinhala, Tamil and English is very good Idea. The External Affairs Ministry, better to do an analyse of the number of officers, who could speak all three languages, posted to the countries where most of the Diaspora settled. When a Sri Lankan goes to SL Mission (Sinhalese or Tamil or Burger) he or she should be in a position to communicate in his/her mother tongue. Then only, they will feel that they are in their countries’ Embassy. I was told in some of our embassies it is not happening. For example in Italy if a Tamil person goes to the Sri Lanka Embassy who cannot speak English or Sinhala he/she has to speak in Italy to a local officer and then that need to be translated in English to the diplomatic officer. This situation needs be changed. Nobody should feel that ability of Elglish lanuage is not nescessary. Our diplomats should be in possition to make representations in English and in other foreing languaes as well.
Another important matter is the Nation Anthem. I have read an army officer telling to a news agency that it should be sang in one language. My argument is when a person sings the National Anthem in a Language he/she cannot understand, will he/she get any patriotic perception. Can we have it in all three languages? (First part in Sinhala, middle part in Tamil and last part in English). Sri Lanka can be an example for the other countries by doing so.
”I have been surprised and disappointed .... erroneous and selective writing”
Dhanapala, your selective writing is:
“For example, the May 2009 heroic breaching of the earth bund, behind which an estimated 300.000 civilians lay trapped by the LTTE as human shields, led to the saving of many lives and the conclusion of the conflict”
Aerial bombing and atrocious shelling with the help of modern technology shoved the people from Januray 2008 onwards from Munnikulam to Mullivaikal to be ''saved'' to Manik Farm and to ''conclude the conflict'':
http://www.un.org/children/conflict/_documents/SriLankavisitReport09.pdf/
Mission Report: Visit of Major General (ret.) Patrick Cammaert, Special Envoy of the Special Representative for Children & Armed Conflict, to Sri Lanka, 05-11 December 2010
‘’It should be noted that the problem of accessing camps for humanitarian personnel persists throughout the country.’’
Why is Dhanapala unable to identify state terror? LTTE killed about 2000 civilians over few years yet calls it "terrorist" but not GOSL soldiers who killed 40,000 Tamilo civilians in few days?
Is that not a "learnt lesson"?
''A collective apology to the people of Sri Lanka is owed by all political parties''
Certainly not SJV Chelvanayagam's Party from December 1949 till the LTTE finished off the TULF in the 80s.
7. ''I recommend that the career diplomats in the Sri Lanka Foreign Service be trained in the representation of a multi-cultural country.''
9.''The armed forces of Sri Lanka are already being trained in international humanitarian law and human rights.''
Dhanapala, Sri Lankan politicians fully control the career diplomats and the armed forces (and the judiciary and ....). So who exactly needs training?
Dhanapala revisits his appearance before the Presidential Commission on Lessons Learnt and Reconciliation (LLRC) on the 25th of August (presumably 2010) in Colombo. He states that he appeared before the commission regarding it as, “performance of a civic duty on my part after having sent a written submission ahead.”
This,after the event, ‘clarification’ is clearly an attempt at damage containment because as he notes, ”I have been surprised and disappointed by the many distortions of my presentation appearing in the Sri Lanka media and the commentaries based on these erroneous and selective reporting.” Apparently he feels compelled to qualify that, “In my oral presentation, based on scribbled (sic)Talking Points (sic) and not on a fully developed text (sic) , I outlined my thoughts on the subject expanding on my written submission at some points and adding to them at others. I also responded to the questions asked of me by all the members of the Commission ex tempore (sic). Dhanapala however makes a damning admission that his submission was based on “scribbled Talking Points”.
Awarded several doctorates honoris causa, he is a man of great erudition and has impressive experience in national and international diplomacy. His curriculum vitae published on his website (see above) leaves no room for doubt on this matter. He is currently Pugwash President.He is a citizen of no mean repute.
The disclaimer of sorts Dhanapala now presents is inexcusable for a man of his experience and standing. He should have known that an oral submission comprising scribbled notes and ad hoc replies, could be misunderstood or misrepresented. Given his standing nationally and internationally, he should have read verbatim from a signed written submission and at the end, tabled it before the Commission. We now have and will have his rectification letter and alleged written submission sent before hand (above, newspaper reports, the eventual official transcript of his oral submission and “ex tempore” replies to questions put to him by commission members. All this makes confusion doubly confounded. What is Dhanapala’s real position? The allegded written submisssion is quite even handed.
It is not surprising that, given Dhanapala’s prestige, the local media zeroed in on what Dhanapala (allegedly?) had to say on attempts by the UN and other international agencies to haul the Sri Lankan Government and armed forces before an international tribunal on charges of war crimes and crimes against humanity committed during the last phase of the war against the LTTE. Dhanapala it was reported had submitted that crimes purported to have been committed have to be considered in the context of a fierce war against a ruthless terrorist organisation which showed scant regard for international laws and humanitarian norms governing warfare. He had allegedly recommended that Sri Lanka initiates consultation through diplomatic channels to convene a diplomatic conference to formulate a new Additional Protocol on battlefield situations when fighting terrorist groups. It is no wonder that the media hailed this point of view. It is however not clear whether it is this part of newspaper reports which Dhanapala consider had been the subject of what he calls “many distortions of my presentation appearing in the Sri Lanka media and the commentaries based on these erroneous and selective reporting”. If so he has only himself to blame.
Most importantly, one wonders whether Dhanapala, similar to other former government servants like Austin Fernando and Bernard Goonetileke, had himself submitted any critical reflections on the period he was Secretary-General of the Secretariat for the Co-ordination of the Peace Process (SCOPP) from 2004-2005 and Senior Adviser to the President of Sri Lanka from 2004-2007. The unnamed President was Chandrika Kumaratunga. It was under Dhanapala’s leadership that the Kumaratunga government came up with the notorious PTOMS proposal. It was also a period when Kumaratunga was fully backing Dhanapala’s candidacy for the post of UN Secretary General.
Dr Ketesh Loganathan,(later killed by a LTTE terrorist) interviewed by ardent supporters of the PTOMS, Jehan Perera and Godfrey Goonetileke on state media’s Eye Channel, expressed grave reservations about several PTOMS clauses:the Sri Lankan government had placed itself in a minority position on the PTOMS National Council as well as in the District Council where the Muslims were under represented. Moreover the headquarters of the District Council was to be located in Kilinocchi,not Colombo. The proposal aroused outrage among patriotic citizens. Prof. Johan Galtung who was in Sri Lanka at the time stated that PTOMS was even more dangerous than the LTTE’s proposed ISGA. According to well informed sources Kumaratunga had at the time sidelined Lakshman Kadirgamar (also a victim of a LTTE terrorist). He would have vigorously opposed the PTOMS if he had been consulted.
Instead, she turned to the heavy weight of international repute Jayantha Dhanapala appointing him Seniour Presidential advisor and Head of the Peace Secretariate.
No one will dispute Dhanapala’s contention that the present constitution needs serious reform, but at a perilous moment in our contemporary history it saved the country from dismemberment when the Supreme Court declared the PTOMS ultra vires the constitution.
Why did Dhanapala back the treacherous PTOMS? Did ambition for high international office and desire to impress the so called international sway his judgement? Many would like to know.
Dr. Nalin Swaris
The Netherlands.
With due respect for this author, he does not recommend that the SL army which is now almost 100% Sinhala ontributes to insecurity among Tamils.
Its truely an enlightening article.
Why aren't we having politicos with this wisdom...
Are we so unlucky that all the leaders of our nation has greed for power but no wisdom?
Only hope is to kneel down and pray for devine intervention for a posperous and a peaceful future.
I look forward to reading the official transcript of his statements.
Many people are looking hard at Jayantha Dhanapala and other senior Singhalese officials in government, NGOs, and various Int Agencies. There should be a move to push these guys out there even at this stage of their lives to see what they can do. This could be a precursor to reconciliation.
In Sri Lanka there are the ongoing atrocities and land grabbing in the Tamil areas. A large population still behind bars.
There has been not a single word about political rights to the minorities.
Sri Lankan regime continue to shamelessly play the “terrorist” card on the innocent Tamil refugees.
I feel like living in Hitlers era when the atrocities on Jews were all justified and considered “just” by most part of the world due to Hitlers preachings about how Jews deserved the ill treatment.
The West is watching silently the brutal murders of theTamil civilianswhile Sri Lanka Mass Murderers are playing the ”war on terror” card and hoodwink the whole world.
''a ruthless terrorist group which ravaged our nation for decades''
Which country has been having the most barbaric state terrorism that continues unabated for more than six decades?
A.
Disenfranchisement of citizens:
i. legal - 1948/9,
ii. administrative - provincial elections in the last 3/4 years:
a. many upcountry Tamils couldn't vote in some of the provincial elections in the South
b. many in the North couldn't vote in the Presidential and General Elections
B.
State-aided pogroms - parliamentarians ans armed forces involved
C.
Oppressive political and economic policies in various government institutions
D.
Politicised and oppressive judiciary(refusal to hold inquiries, delay inquiries, ....)
E.
Draconian PTA and ER
F.
Impunity to the armed forces
G.
now-on-now-off economic embargo
H.
coloniasation by government schemes
I.
army of occupation
J.
Denying budget allocation and foreign aid for
i.development
ii.natural disasters
iii.post-civil war survival
......
........
All these are elements of internal colonialism and genocide.
Curbing the proliferation of small arms and introducing severe penalties against public racial or religious discrimination are welcome suggestions to enhance good governance.
I am sure any Government will be happy to introduce total bans on any arms among the civilians.except of course the countries like USA.
Sinhalese never had race based political parties until the LTTE took the center stage.
The same goes for the proliferation of guns and bombs which became common tools of the trade for the "under world" that proliferated when the State security was distracted by the LTTE.
We are well on the way to curbing small arms as well as the under world, thanks to our Defense Secretary..
As to banning race based discrimination .the Tamil politicians should set an example by scrapping their party names which always start with "Tamil something"and join the main stream.
I salute Hon. Jayantha Dhanapala.
He selflessly said,
".. ..The supreme law of the land is its Constitution and we have still not been able to frame a Constitution that elicits the confidence and trust of all our citizens.
... .... transparency about the country’s performance in relation to international norms is necessary both for our own citizens and for the information of the international community.
... .... Each and every Government which held office from 1948 till the present bear culpability for the failure to achieve good governance, national unity and a framework of peace, stability and economic development in which all ethnic, religious and other groups could live in security and equality.
... .... Education is a primary tool in creating a tolerant society.
... .... the need for competencies in all three languages will be necessary to weld our nation into the harmonious multilingual society we need to be.
... .... a basic understanding of the 4 religions practised in our country is imparted as a pre-requisite for tolerance and religious harmony.
... .... The political expediency of apportioning blame will not serve the purpose of national reconciliation... "
How very true..... I pray that those who rush to lay blame on one or the other will take the time to digest these irrefutable truths.
Thanks Transcurrents, for publishing Dr. Jayantha Dhanapala’s letter (dated 30 August, 2010). As I pointed out in my article (see final paragraph), I hoped he was misquoted and ‘misquoted badly’.
Point 10 of Dr. Dhanapala’s ‘Submission’ (on the topic of IHL) does not seem to suggest that he had seriously advocated the non-application of IHL or IL in general as regards internal armed conflicts. If so, this seems to be a classic case of irresponsible journalism on the part of the relevant newspapers and media institutions - which needs to be widely condemned.
However, one still awaits the release of the ‘authoritative transcript’ of Dr. Dhanapala’s presentation AND the Q & A session. One hopes Dr. Dhanapala makes it available to the general public - so that one could be able to clearly assess, a) the seriousness of the ‘alleged’ statement made by him, or b) the seriousness of the irresponsibility of journalism in Sri Lanka.The release of this 'authoritative transcript' is quintessential, since The Island (Shamindra Ferdinando) has now stated that it stands by its report of 26 August, 2010.
In case it is (b) above, I hope Dr. Dhanapala would accept my apologies for any inconvenience caused. Yet, I maintain the fundamental thesis of my argument – that IHL and IL in general should apply in the case of internal armed conflicts.
In conclusion, I hope that Dr. Dhanapala or others would make sure that they take immediate measures to publish transcripts of statements made around journalists and media personnel, in the future (note: this was done by Prof. Rajiva Wijesinha at http://rajivawijesinha.wordpress.com). Dr. Dhanapala could have very easily posted a draft of his submission on his personal webpage soon after he appeared before the LLRC. This, he did not do. - which is also very surprising, and saddening.
Thank you.
I have never been a great fan of Dr. Dhanapala, but reading his article in this Transcurrent web,his written statement to LLRC; I feel he has brought out some home truth for every one to open their eyes."The lessons we have to learn go back to the past – certainly from the time that we had responsibility for our own governance on 4 February 1948 . Each and every Government which held office from 1948 till the present bear culpability for the failure to achieve good governance, national unity and a framework of peace, stability and economic development in which all ethnic, religious and other groups could live in security and equality. The political expediency of apportioning blame will not serve the purpose of national reconciliation. A collective apology to the people of Sri Lanka is owed by all political parties".
We hope the educated,sensible and responsible Sinhalese and Tamils where ever they live today should remove their blinkers and face the truth. People like Dr.Nalin Swaris, Godzella and Kalana Senaratne should stop spitting venomous statements and stirring racism are anachronism. Nalin blames the death of Keethse and kadigarmer on LTTE do you really have any factual evidence or merely a hearsay as every thing was blamed on LTTE, there are also hearsay reports to show that present government was involved in their assassination. The President's CoI of 2007 with the IEPG were asked to investigate these two assassinations as well as 14 other cases, unfortunately people of Srilanka are made to wait for the final report from CoI? Did They ever investigate these cases? So we will be waiting for a very long time for the report to be written .
It is High Time to reflect on what Dr.Dhanapala has written and we come to terms towards for a genuine reconciliation and march towards peace,justice and dignity for all communities who have the right to claim Srilanka as their motherland- homeland. Advise to all Srilankans; stop being a racisit think of building a nation.
Jayantha Dhanapala is a die hard supporter of the Rajapaksa's. He has proven this in no uncertain terms. His reward was to be Ban Ki Moon's job. It has all misfired now and he is trying to come through as a neutral gentleman.
Those who fall for this are no better that the buffalo voting majority of this country !
Kulanthai's comments on the National Anthem is interesting. I heard the Army officer in charge of rehabilitaion of LTTE Cadres (Cbo Hindi College) when Stephen Sachur did his multiple interviews in Cbo recently. He appears sincere but I fear he has mislead himself into believing in no country is the National Anthem sung other than in one language. Canada does it in English, French and Inuktitut (the language of the 1st Nation viz" Eskimos, as they were called earlier) The South African anthem has room for Xhosa, Zulu, Sesotho, Afrikaans and English to reflects its plural composition. In Singapore while the anthem is in Malay (a minority community there) there is provision to sing it in Tamil or English by prior permission.
If Sri Lanka suddenly develops into meaningful pluralism then we might reconsider the flag as well. I believe r hardly any country displays a terrible sword and a threatening Lion in its flag today. Perhaps something more in line with Buddhism and our plurality may be an alternative.
ISS
''The others know not that in this quarrel we perish. Those of them who realize it, have their quarrels calmed thereby'' should
i.let aid agents help the war-battered,
ii.ask the military to leave the schools(so that traumatised children can start at least therapeutic education lost over a long time)and
iii.decrease military budget:
http://transcurrents.com/tc/2010/06/vanni_northern_sri_lanka_where.html
Vanni, northern Sri Lanka, where war has never ended,1 June 2010:
''The area is still actually in the hands of the military, which allowed the return of the population but force them to live in absolute poverty. The military blocks any attempts to improve their lives, but does not stop abuse and violence. … Permission has been rejected for counselling, capacity building and empowerment activities.''
http://www.wsws.org/articles/2010/jun2010/sril-j02.shtml
WSWS reporters visit the devastated Sri Lankan town of Kilinochchi, 2 June 2010:
The first thing that strikes you about the situation in Kilinochchi is that you find more soldiers than civilians in the town. … Most of the eating houses are run by the army … Former detainees have been sent here almost without any assistance … ‘’There is no difference between staying in the detention camps and living here’’…. The Kilinochchi district was famous for agriculture and fishing. The large Iranaimadu tank (artificial lake) mainly supplied irrigation for several thousand acres of agricultural land. The tank is now under the military’s control. Water has not yet been fully released for farmers. A few farmers have begun cultivation but they do not have tractors or other basic equipment. Many do not have even a mammoty (a type of spade). Fishermen are not allowed to fish in the tank.
….At Poonahari, the Vikneswara School is now occupied by the military, so students must walk to another school five kilometres away. The military has also occupied Poonahari’s government hospital. As there are no longer any hospital facilities, people have to beg someone in the army camps to take any seriously ill patients to Kilinochchi in a military vehicle for treatment. Patients with minor illnesses simply have to suffer.In Vattakachchi village there is no hospital and no school, and the people live in tents. The houses were destroyed during the war. The local Vattakachchi and Ramanathapuram schools remain occupied by the military.’’
Instead of building statues and temples, let's put the essence of religious philosophy into practice.
I forgot to put this in the previous post:
http://transcurrents.com/tc/2010/08/post_563.html
Collective trauma in the Vanni- a qualitative inquiry into the mental health of the internally displaced due to the civil war in Sri Lanka, Daya Somasundaram, 28 July 2010:
''What happened in the Vanni and to its people from August 2006 onwards, particularly from January 2009 to May 2009, has been described in apocalyptic (in the local Tamil as pralayam) terms. ….
The psychosocial and mental health consequences of massive trauma to individuals, families and communities can be profound. The interventions for recovery and regeneration should be holistic, integrated and multisectorial (Table 1). However, the underlying political context and struggle for control, power, discourse and obedience complicates what is allowed and can be done.''
LEAD KINDLY LIGHT, AMID THE ENCIRCLING GLOOM.
The world is watching Sri Lanka /Jaffna, microscopically, objectively, dispassionately, with analytical, incisive, in –depth , penetrating search, for finding, as to what has happened, what developments will unfold in the future, to find the root cause of conflict, what system failures had happened, how to correct them / overcome the impediments / blocks, which led to the present situation ,and how to over come and prevent them, to avoid the recurrence of situations of the past, such episode, not only in Sri Lanka, but also elsewhere, in the world ,to prevent human suffering and tragedy, to ensure conducive environment, for everyone to progress, individually and collectively, as per their choice and aspirations.
In this context three, pronouncements / presentations ,from three important personalities had appeared in the media, Viz, Lee Kuan Yew, K.Pathmanathan and Dr. Jayantha Dhanapala. These three personalities, are men of great wisdom , who have great insight into politics, nation building , governance, war and its effects, failure analysis, conflicts and resolutions ,future corrective measures for progress of the world. These data / words, and thoughts of wisdom , professional expertise, guidance , could form the basis, for a workable approach . The lessons learnt, applicability of the pronouncements had to be reflected by all players , problem solvers , facilitators, governments, politicians and others. Reflecting on these, can / assist to charter the future.
Thoughts and wisdom of changes and dynamics of Power Shifts in the future as presented by Alwin Toffler, and Mega Trends developing in the world and Asian context, will be of great help to understand ,the aspirations of futuristic minds, within Sri Lanka and outside to Set norms and Targets to take Sri Lanka forward to desired destiny.
In this context, the following should be re-examined in relation to the 21st centaury and the future suitability.
What legitimate global voice might be given ,to national minorities aspirations ,in their home countries.
Democracy presupposes that ,those affected by a decision, have a right to participate, in decision making the decision. If this is accepted , what institutional , legal mechanisms to be developed, to suit aspirations of the affected, concerns of the people.
While developing arrangements, for the obligations meant for the people, the obligations and responsibilities of, the state contract with the people to guarantee the necessary order in the society, have to be thought out, in detail without any ambiguity.
It is a painful to note, that the state is saddled with, outdated obsolete , inappropriate laws ,methodology and regulations. Further, the failure of the judiciary, bureaucracy, and technocracy, incompetency in knowledge and skills, on the part of these executives, had to be examined, which is also responsible for this situation.
Appropriate mechanisms have to be developed, to punish those responsible who is responsible for initiating / originating the conflicts at various levels which grows into calamities out of proportion, resulting in economic, social , loss to individuals / institutions / state, in unison with speed of modern days time targets .
Immunity provided to state officials / decision and law makers , have to be examined very critically, to avoid irresponsible, ill knowledge, incompetent decisions, which initiates / catalyse , discord , conflicts, heart aches, economic loss, time loss for the state and people , and to make them more responsible and answerable.
Change is the only permanent thing, in the ever changing world. Humans change. Thoughts changes. Methodologies change. Approaches change, irrespective of human emotions, ego, passions, personalities etc. WORLY TRUTHS ARE RELATIVE, AND SUBJECTIVE TO CHANGE.
Men of great wisdom and spiritual eye like , Yoga Swami, who could see /penetrate through the time tunnel, had pronounced, all what had happened up to now , as early as 1950 /1960.
Conquer emotions,. Subdue hatred. Seek divine help / guidance. Work dispassionately, consistently, avoiding unnecessary talks. ACT, BUT, DO NOT REACT.
Pray to, KINDLY LIGHT TO LEAD, AMIDST THE ENCIRCLING GLOOM OF DARKNESS AND SUFFERING.
Old Yarlppanathan
http://www.federationofscientists.org/PMPanels/Terrorism/erice_PMPT_2006_Final_Report.pdf
World Federation of Scientists: PERMANENT MONITORING PANEL ON TERRORISM on ‘’war-on-terror’’, May 2006:
We discussed at some length the relationship between terror intentionally inflicted by state actors and terrorism espoused by weaker players as a tactic in asymmetric struggles, and noted that one could scarcely be fully understood without reference to the other. The profound economic and human costs, not least on ordinary people, were underlined along with the threats to respect for international law and the system of multi-lateral relationships which had contributed to global stability over the previous half century and which were now at profound risk. The paradoxical outcome and counter-productive results of security measures and other actions were also identified in a number of presentations.
Leave alone Feb 1948 - May 2009.
Not a whimper about the suffering of the last fifteen months by people in camps and open prisons of Northeast.
Man's inhumanity to man in the land of Buddha.