28 March, 2024

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Dark Day Coming: The US-Sri Lanka Joint Resolution 

By Dayan Jayatilleka

Dr. Dayan Jayatilleka

Dr. Dayan Jayatilleka

While the penumbra of the US resolution on Sri Lanka has softened, the core, the essence, remains. The Sri Lankan side has succeeded only in watering down the inessential, or to switch metaphors, in changing the décor. The crux of the matter remains unchanged. The core remains intact. The essence is unchanged. It is deeply inimical and insulting to Sri Lanka. There will be a Special Court with the Special Counsel and if this isn’t bad enough, this court will not be purely Sri Lankan in composition. The resolution says that a “Sri Lankan mechanism” will need Commonwealth and foreign judges, defense lawyers, prosecutors and investigators.

The Operative Paragraph 6 reads:

“…affirms in this regard the importance of participation in a Sri Lankan judicial mechanism, including the Special Counsel’s office, of Commonwealth and other foreign judges, defense lawyers, and authorized prosecutors and investigators…”

This is not a “Sri Lankan judicial mechanism”. This is the infamous hybrid. It is quasi-colonial because we have not seen a combination of Sri Lankan and foreign judges or lawyers since the days of British colonialism. That’s how far back this resolution takes us. This is the model of the Planter Raj, with local kanganies.

The issue of a special court with an international component, with international participation, is what the TNA asked for, and is has got it, thanks to the US and more so, thanks to the Government of Sri Lanka. No wonder the TNA says: “…In particular, we welcome the draft resolution’s call on Sri Lanka to involve foreign and Commonwealth judges, lawyers, investigators and defenders in a judicial mechanism to be set up in Sri Lanka that would be mandated to try international crimes… We also wish to note our appreciation of the government’s assent to this text and its willingness to co-sponsor it in the Human Rights Council. A court established on these lines would represent a dramatic break from the past and could herald the beginning of an end to impunity.”

The resolution also calls for the non-retention in the armed forces of anyone found “credibly implicated” by an independent administrative procedure of the violation of human rights during the war. Please note that it is not anyone found guilty by a court of law, military or civilian, but by an ‘independent administrative process’. Operative Para 8 shows that the US-GoSL resolution hopes to purge the Sri Lankan military –including its intelligence units. It reads:

“…include ensuring that no scope exists for retention in or recruitment into the security forces of anyone credibly implicated through a fair administrative process in serious crimes involving human rights violations or abuses or violations of international humanitarian law including members of the security and intelligence units.”

The only problem I have in analyzing this resolution is that I cannot figure which is larger: the hypocrisy, the cowardice or the moral outrageousness. Is the hypocrisy of the West larger or smaller than the supine cowardice of the Sri Lankan Government? Are either of those factors smaller or larger than the ethical travesty and moral outrageousness of what we have signed up to?

The West that atom-bombed Hiroshima and Nagasaki, dumped Agent Orange on Vietnam and still refuses to pay compensation for deformed babies, used depleted uranium in the Iraq wars, wants Sri Lanka which did nothing remotely like this, to set up a criminal justice mechanism with foreign judges and lawyers and to sack any member of the armed forces found to be credibly suspect by an independent administrative process.

What the foreign component does is reject out of hand the potential of Sri Lanka even under this new government to regenerate our institutions and processes without an external presence and participation. The new Sri Lankan government has accepted this judgment—not on its predecessor but on itself.

It is noteworthy that the US resolution does not trust the Sri Lankan state and government because the text clearly prescribes a monitoring role over the whole process for the UN High Commissioner for human rights who is mandated to report back to the Council as to whether his report has been implemented. What this means is that Sri Lanka has agreed to implement the draconian recommendations of the OHCHR report! If Sri Lanka had not agreed to do so, it couldn’t have subscribed to the resolution and agreed to do no less than co-sponsor it. So the Government of Sri Lanka has agreed to place the noose around our country’ neck.

“Requests the Office of the High Commissioner… to present an oral update to the Human Rights Council at its thirty-second session, and a comprehensive report followed by discussion on the implementation of the present resolution at its thirty-fourth session” (Op. 18)

The cowardice of the Sri Lankan government isn’t contained mainly in the fact that it hasn’t pointed out the hypocrisy of the prescriptive West—as I used to in Geneva – but in the fact that it had other options.

As a new government friendly with both the West and India, it could have explained that any special judicial procedure, most particularly one that has a pronounced foreign component would be a vote of no-confidence against a reformist Sri Lankan administration.

We could have used the Desmond de SilvaMaxwell Paranagama (second mandate) Report to give the Council members something to think about. It would have armed our friends in the Council with arguments and would have strengthened our hand at negotiations. The government chose not to do so.

We could have used as a deterrent against the recommendation of foreign judges, the credible prospect that we, as a country with a new liberal-reformist government, could have mustered a sufficient number of votes in the council to defeat the US resolution or lose narrowly—either of which would have been a moral victory. Instead, we did none of these things. The reason is that the present government is not a friend of the West; it is a stooge, a mere lackey of the West. The new government of Sri Lanka does not negotiate with the West on essentials; only on the trimming. On the essentials, when the West says “jump” the new government asks “how high?”

The prescription of foreign judges and the purging of armed forces members, who have not been found guilty by a Sri Lankan court of law, shows that the West is not a firm friend of Sri Lanka. Friends do not prescribe alien over-lordship on the institutions of other friends. Meanwhile the acceptance of the resolution by the Government shows that our government is not a friend of Sri Lanka.

The West and India have 80 million Tamils to think of—most of them voters. One can understand the electoral and social compulsions, as well as the knee-jerk colonial habit of tilting to the minorities and the older policy of every empire: “divide and rule”.

What is reprehensible is that the Sri Lankan government, in its acceptance of the formula of special courts and foreign participation, and its co-sponsorship of the resolution saying such, shows that it shares the Empire’s view of its own country.

Malcolm X scoffed at the domestic slaves, the “house niggers” who, when their slave owning masters were ill, felt the identification so deeply in their bones that they used to query “we sick, Massa?” Malcolm X emphasized the “we”, which indicated that the “house nigger” was so pathetic as to identify more with the White master than with his or her fellow oppressed, working in the field, the “field niggers”.

The present Government has the soul of a “house nigger”. Frantz Fanon had such elites and their supportive social strata right, when he wrote of “Black Skin, White Masks”. The UNF government has internalized colonialism and its values. It represents what is called a comprador capitalist class; a class that sees itself as an intermediary between the Western master and the locals; elite that is the enforcer of Western will and whim; a class that has no independent will or existence, still less a national vocation and an independent project. This is a bloated puppet regime that will be a pliant supplicant in relation to the West and India and a ruthless overseer towards the patriotic masses.

The third aspect is that of the ethical travesty and overturning of natural justice. It is one thing to try those who may have wittingly and willfully killed or tortured noncombatant civilians, such as those responsible for the Trinco 5 murders. Our laws, lawyers, judges and courts can do that job. What the resolution calls for is quite something else. Sri Lanka faced, fought and defeated a ruthless fascist-separatist enemy which practiced suicide bombing terrorism and the dismemberment of sleeping villagers including children. We didn’t set up special courts to try those whom we captured or surrendered. Still less did we try them before special Courts with Chinese, Russian, Pakistani and Cuban judges! We rehabilitated and released eleven thousand former Tiger combatants. The ones who are behind bars were those held responsible for especially ghastly crimes. Some are unsuccessful Black Tiger suicide terrorists. That’s how merciful we were.

Now we are asked to try and punish those who may have committed excesses against the enemy. We are asked to try those who saved us from terror and reunified our country, in Special Courts, with foreign judges. Those who gave weapons and equipment to the Tigers will decide the fate of those who fought them and gave political leadership to that fight. If this is not an utterly shameful overturning of the moral order, I do not know what is.

*Dr. Dayan Jayatilleka was Sri Lanka’s Ambassador/Permanent Representative to the UN in Geneva and a Vice-President of the UN Human Rights Council.

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Latest comments

  • 54
    7

    Yes dark days are coming for the Crooks,Murderers,Rapists,Plunderers and also the likes of you who condone all those crimes shamelessly.

    Bright days are coming for the law abiding citizens of our country.

    • 35
      4

      Exactly, Dark days for corrupters, Liars, Cheaters, Rapers,and fague patriots. Bright days for Truth, Law and Orde, Justice, Peace, Love and Humanity.

      Dayan, you are the worst enemy of civilisation, Truth & humanity. Blood thirsty, Power hungry Racist.

      • 8
        2

        For 67 years when the Sinhalese leaders, the Sinhalese people and their regimes thought that they are smart and cunning to hijack the democratic set-up with protection for the minorities left behind at independence and did as they pleased simply because they are larger in number.

        They let loose discrimination in language, jobs, and education disenfranchisement, injustices, land grabbing, state-sponsored pogroms, mass massacres and rapes by the armed forces of innocent Tamils, and to crown it all they had a genocidal assault on several tens of thousands of Tamils during the latter part of the war.

        Now the time for judgment is approaching, and they cry foul!

        You can’t have the cake and eat it too. If you had been fair and just to Tamils, you don’t need to fear any humiliation now.

        • 1
          1

          Dark day has already come for Dayan and it is coming for all other criminals.

    • 5
      2

      Dr. Dayan Jayatilleka

      RE: Dark Day Coming: The US-Sri Lanka Joint Resolution

      Indeed. Dark Days are Coming for the War criminals, criminals and crooks by the The US-Sri Lanka Joint Resolution.

      Remember, The US was mainly behind the Nuremberg Trials. War criminals were hanged. Others committed suicide.

      In the coming Colombo Trials, some of the war criminals will be exposed and hanged. Hopefully, some will commit suicide

      Then Sri Lanka, the Land of Native Veddah Aethho, can move on like Germany did afterword War 2.

      Question: Why did it take 6 years to move and faster for so long? The Allies after WW 2, did that in months?

      The incompetence of the Paras, in the Land of Native Veddah Aethho?

      After all they had a 30-year war going…

    • 5
      2

      This man as THE most malicious person of the day- is counting until the dark day arrives.

      What has this bugger done to this nation since 2009 – being on lime light – being swollen as no other – his and his brother Wimal Buruwanse are born ultra nationalists that would always stay on your way not allowing any kind of peace and reconcliation issues get shaped for the future of this island nation. Enough is enough – the kind of buggers should be tamed by the rule of law as it is the case in Germany and other western countries where the rule of law is above anything in those societies.

    • 5
      2

      At the time, Dracular blood sucker of the nation-MR was on a mission just neglecting the public but making every effort in filling his pockets, this bugger or any other so called intelligent educated men and women lived as if their both ends are sealed off.

      Guys, I raise the question – this so called bugger with all high values about the country and saving the nation from westerers by his words, what has he brought by his articles sofar – else FURTHER devisions among the torn nation ?

      Rajapakshe are stupid, but Dayan and other men though have seen other parts of the world, having gotten the chance to live onthe west, behave also not differnt -meaning havent learnt the least from the west but always trying to attck them sometimes for paranoic reasons.

    • 0
      0

      Run ,Run and hide under MARA”s stinky sarong. Mr.DJ the only Spin-doctor in the world..

  • 37
    6

    Dayan,

    You have no credibility to talk about hypocrisy or morality as you are devoid of both! You put all your eggs in basket and backed MR the racist demogogue and lost out! The us backed resolution is in keeping with the un report. Your attempt to rouse the Sinhala Buddhist chauvinism is not working. Racism does not pay!

  • 39
    4

    Dayan you say; The third aspect is that of the ethical travesty and overturning of natural justice. It is one thing to try those who may have wittingly and willfully killed or tortured noncombatant civilians, such as those responsible for the Trinco 5 murders. Our laws, lawyers, judges and courts can do that job.

    So why didn’t you/ your master Rajapaksa do that for last ten years?? Dr Monoharan the father of one of the victims has been going around the world seeking justice since the Trinco 5 murder. What did you do my friend?? only try to coverup !!

    • 7
      1

      Gunasekere DJ

      “So why didn’t you/ your master Rajapaksa do that for last ten years??”

      You get answers only from an intellectually honest person who values life of every single person in this world.

      This is a self confessed war monger and a war crime denier hence no point in demanding a response.

      For him MR is just not a name but a country. Therefore MR was empowered to loot, kill, …………. protect war criminals, corrupt politicians, abuse power, …………..

      I think you are asking a wrong person for an honest answer.

  • 28
    4

    Your boss -MARA- assured of full accountability over civilian deaths to the UNSG. Now poorRanil is forced to implement the promises. Dayan – stop crying like a baby!!

  • 23
    4

    In my view ,DJ you are a disgrace to your father and what he stood for. You have been defending the Maindy regimeerrorism that has been going on for many decades since 1970. Both Sinhalese youths and Tamil youths had to take arms against the government’s. The youths faced socio economical and political problems.

    There were many contributors to ending the war against LTTE, by both fair means and fowl means in 2009.

    The first was Ranil and his regime for signing the peace pact. The second was Laxman Kadirgamar brought in by Chandrika. He managed to gather the international support in banning LTTE or declaring them as terrorists. Then all the countries that supplied arms and training to SL forces after 2002 peace accord.

    Finally the final phase of the war that was carried out without local and international media and NGOs.What about the promises MR and his team made to the International Community ?

    If you are real Catholic or Buddhist you must confess why Mahinda regime failed to bring any accountability, reconcilliation, peace and political solutions after 2009. One thing every SriLankan knows you never talk or write about MaRa and his teams corruption between 2009 and Jan 8th 2015.
    Read Kusal Perera’s and Thiranagrama’s articles for real enlightenment.

  • 25
    5

    When everybody is seeing the light with the new government only Dayan is seeing darkness. Then again all his predictions have been wrong in the past so sleep in peace people.

  • 16
    4

    “Politics in Sri Lanka has become a very dirty game, and many Political Scientist get sold to the highest bidder like Dayan. As such I am absolutely sure Dayan is a PHONEY political Scientist trying to mislead the voting public for some small gains. This is shame and eternal shame, nothing but shame!”

    How very true !

  • 9
    1

    This rajapaksha [Edited out]

  • 7
    25

    Look at the terrorist sympathizers, trying to take down a man who stands up for the country’s sovereignty. What a pathetic bunch. Must be still dreaming of hanging Mahinda and Gota.

  • 13
    2

    I am not a political scientist or a PhD holder in any discipline.
    I humbly request you to enlighten the CT readers what was the out come of the Henry Kissinger – Richard Nixon- Deng Xio Peng meeting that took place in China in 1978 .
    How US helped China’s economy ? Was preferential tariff given to Chinese goods ? You should know better than a layman like me.

    Without US what would have happened to China in the last 35 years ?

    Two days back the current Chinese President was wooing more US investors to come to China.
    What about Cuba – US relationship ? Which way it is going now ?

  • 14
    3

    Why fear the foreign judges so long as they are judges of international repute if no crimes have been commited by elements of the former regime? It will never be a one sided trial. Even those on the side of the LTTE who commited excesses will get punished.

    Sengodan. M

  • 11
    3

    The defender and apologist of racists writes

    ” The essence is unchanged. It is deeply inimical and insulting to Sri Lanka. There will be a Special Court with the Special Counsel and if this isn’t bad enough, this court will not be purely Sri Lankan in composition.”

    We must recall that IIGEP has found ” a lack of political and institutional will on the part of the Government to pursue with vigour all the cases under review with the intention of identifying the perpetrators or at least uncovering the systemic failures and obstructions to justice that rendered the original investigations ineffective”.

    This man wants to protect the autocrat and himself for supporting an undemocratic government and sponsoring the first resolution at UNHRC to bury the truth about starvation of children and babies and indiscriminate shelling and bombing of the same permanently. The days of persecution of dissidents and ethnic and religious minorities with murderers from paramilitaries and destruction of the businesses and worshipping places with religious proxies are over.

  • 12
    2

    Dayan,

    “It is one thing to try those who may have wittingly and willfully killed or tortured noncombatant civilians, such as those responsible for the Trinco 5 murders. Our laws, lawyers, judges and courts can do that job.”

    Why didn’t Rajapaksas do this when they were in power?

  • 10
    2

    He sees everything in a negative way. Therefore dark days ahead for him and not for the country. He would have been very happy if the problems continues without finding a solution. Then only these guys could survive with their bankrupt thinking. He has done enough confusion when he was a mass adorable to UNHRC and those mishandling only the present government is trying to undo and therefore hus views and comments should go to the D/B where it belongs to.

  • 10
    3

    The US resolution is a result of the tyrannical rule of MaRa from 2005 to Jan:8th 2015.Therefore,it is MaRa and his Govt:that has to shoulder the responsibility for the disgrace at Geneva!The present Govt:,unfortunately has to carry the Baby conceived by MaRa.
    Dayan and his soulmate Tamara are beating about the bush in more ways than one!

  • 14
    3

    Dayan,

    you are right- dark days are coming to people like you; corrupt, racists and liars like you. count your days! when these international back courts are established people like you have to come before it and be accountable for your past actions which brought so much mayhem and misery to our Sinhala ,Tamil and Muslim people in Lanka.

    Dayan, your Cuba itself is clamoring to have cordial relationship with the USA. But old fool like you like to live in the rut and dwell in utter racism.

    luckily for Lanka we have got an intelligent new Foreign Minister Mangala Samaraweera who wants to solve the ethnic issues and bring Lanka with par with Singapore.

    The best thing is idiots like you can’t stop the country moving forward! you are welcome to rot in your own misery!

  • 1
    1

    Dayan- [Edited out]

  • 6
    2

    Dayan

    You appear to be living in darkness with age catching up on you. Please ensure that you get some sun tan lotion to avoid getting darker!

  • 3
    2

    Dear Dr. Dayan

    Looks like we have a bright future ahead for our country.

    I really hope that rehabilitated combatants who committed atrocities will not be hauled before court, after all they are rehabilitated arent they.

    TGTE is off the hook as well, they are not really a government after all.

    No need to worry.

  • 3
    1

    Expect foreign judges and foreign experts to be accompanied by foreign troops to “protect” them. So much for Sri Lankan sovereignity! Throw the report in the rubbish bin, now!

    • 2
      1

      lal loo

      “Expect foreign judges and foreign experts to be accompanied by foreign troops to “protect” them. “

      The US embassy and Hindian High commissions are being protected by their own troops. So what is the problem?

      “So much for Sri Lankan sovereignity!”

      Sri Lankan “Sovereignty” is a good idea. Why bother with it when you don’t have it?

      “Throw the report in the rubbish bin, now!”

      The rulers should not have acted in the way they did in the first place, thereby they could have avoided these unnecessary circus.

      As a bigot you should have thought about it.

  • 11
    2

    Hi DJ,

    What you and Tamara K do not understand is that you both and MR regime have mismanaged the entire Sri Lankan affairs abroad. When MR was in power he never listen to you both, even though you were representing him. You and Tamara are openly projecting your image as you both are one sided, biased and in no means want to deliver justice to the affected and through that to stop the recurrence of violence and establise sustainable peace.

    How you and Tamara K are contradicting yourself is that by wanting the government to table in Geneva the Desmond de Silva–Maxwell Paranagama report. Don’t you understand that this commission also had international involvement with the participation of Desmond and co. You wants to accept whatever convenient to MR not to the country.

    Please do not call yourself and Tamara K as diplomats. Since you have represented the country once or twice you both do not become lifetime diplomats.

  • 4
    1

    “Sri Lankans Distrust Government” -CNN

    “He said creation of a hybrid court, which would integrate international judges, prosecutors, lawyers and investigators, was an essential step toward justice because Sri Lankans distrust the government.”

    U.N. calls for war crimes court in Sri Lanka

  • 4
    2

    Yes dark days are coming for the Crooks,Murderers,Rapists,Plunderers and also the likes of you who condone all those crimes shamelessly. Bright days are coming for the law abiding citizens of our country.

  • 3
    2

    Still this man is barking

  • 2
    5

    Forget the past. Think about the Present and what is happening in Syria. One ancient civilization is destroyed and people are leaving in thousands.

    what for ?

    West needs new trade routes to sell their goods, so keep on setting up friendly rulers. Newest thing is FRance is selling advanced frigates to Egypt. What for? To be bombed by Israel.

    This govt is trying to hang on.but, it won’t stop because they are pro western.

    On the other hand, Mahinda Rajapakse was very dishonest and he made the country a joke.

    All these are happened because uneducated are the decision makers educated are divided into camps because for them also, money and perks are very important.

  • 4
    2

    Yo Dayan,

    So, what happened to the “single handed” victory that you kept chest-thumping about for nearly five relentless years? If that was anywhere close to a victory, why is the country rushing towards darkness now?

    Were you not repeatedly warned that all what you were doing was postponing the inevitable that would then come to bite you much harder eventually? Were you not advised that your actions to divert and postpone would have much more dire and disastrous consequence than investigating and resolving the issues promptly?

    What a short sighted, MORONIC, merely self-empowering clowning act that you burdened our country with?

    Show some remorse for your own actions that has put the country, and eventually the Rajapakse clan through hell!

    Without your propping-up there is no way the Rajapaksa’s would have become so greedily, callously and distastefully arrogant and repugnant!! You owe them an apology as well.

    • 0
      4

      Kumar R.

      You are me and I am you.

      We supported Mahinda and we are against him now.

      We loved Dayan then and we hate him now.

      Our political path is righteous. God Kali is with us. She will guide us through in the right way. When we do wrong she will pardon us and guide to change our track.

      When you walk away from Mahinda you will realise the justification of leaving him.

      He is gone. He can’t come back. He is kota uda -is now riding on a punctured bicycle and as a result the rim is also beyond repair.

  • 2
    6

    US is bullying Sri lanka through the UNHCR. While doing that, they americaniza Sri lanka.

    Dump ministers are changing the rules. So that, american businesses can come and settle. Mangala Samaraweera, Wijedasa Rajapakse, Rajitha Senarathne, Austin Fernando, CBK are all in the same camp.

    Now, they have introduced BaseBall. There will be a TV market for American Base Ball.

    IF every thing goes right, they may get a marine naval camp there to harass chinese naval routes too.

    • 1
      3

      The US does not have to bully Mangala. When challenged he behaves like a Bonobo.

  • 2
    3

    RANIL-SRISENA and company made a mistake.they gave minister posts to people who were criticizing them earlier to cool the climate.on the same basis they should have included DAYAN AND TAMARA as respected helpers in JENIVA team they will not behave like this.ALL SOUR GRAPES.

  • 4
    2

    ha haa haaa.. MR eternal JOBLESS Joker is slowly trying to creep back into the media spot light.

    We all remember what this joker did with the EPRLF and Perumal when they unilaterally declared independence.

    For 10 years his boss MR and family, plundered, looted, murdered, raped etc with total disregard for any form of human decency. Now he is talking about dark days. The only dark day are for Jobless servants like DJ. Get a life loser!!!!

  • 3
    2

    What this resolution means is that decency and honour will be restored. I can understand why a guy like DJ finds it difficult to accept it. Only people with a moral sense and rich values can appreciate the significance of the resolution. Bloated and flatulent political scientists are bringing weak arguments to defend the ex king from prosecution. Good luck, lets wait for the outcome of the hybrid court. For the first time in the history of Sri Lanka the court will be meting out justice instead of covering up political crimes.

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