13 December, 2017

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Government Must Extend ‘Critical’ Cooperation To UN Investigation

By Laksiri Fernando

Dr. Laksiri Fernando

Dr. Laksiri Fernando

Long awaited or speculated UNHRC investigation on war crimes and human rights violations is now on. It may be too early, or too late. It may be too sensitive or even counterproductive in a sense to the cause of reconciliation in the immediate future. But it is something that the government cannot simply reject or ignore. It’s a UN investigation.

The government had every ‘right’ to oppose the UNHRC resolution last March, however mistaken the reasons or the claims must have been. But when the resolution was carried, and when the investigation panel is appointed, there is no meaning in further browbeating. There is no point in counting the abstentions. They didn’t vote for the government. At least the Government must critically or conditionally cooperate with the investigation, if the government believes that no wrong had been committed by the soldiers or no wrong orders had been issued by the commanders, including the top decision makers.

Most importantly, if the government is refusing to cooperate with the investigation, who is going to defend the ‘accused’ on the side of the armed forces? Even the worst criminal should have a defense. The government is also missing a golden opportunity to expose the atrocities of the LTTE and bring the perpetrators into book, some of who may be living still. Why hesitate? Is it because, some of the perpetrators are with the government now? An ostrich approach is not going to work.

Ostrich Approach

Noncooperation may be easy. It may even bag some additional votes of the hapless citizens in the immediate elections. It may raise the ‘adrinalin’ spurts of some politicians to feel great or heroic. They even might do some stupid things like ‘fast-unto-death’ or even ‘self-immolation’ or most probably persuade their blind supporters to do so.

navi-pillay-met-president-mahinda-rajapaksa (1)But noncooperation on this investigation is a betrayal. It’s a betrayal of the country, betrayal of the disciplined and professional soldiers (not the culprits), and even a betrayal of the peace that the country has achieved by defeating the ruthless LTTE. If the President has done something good and useful by 2009, then he is undoing and reversing them now. It’s a shame and a tragedy. What the noncooperation might establish is that the whole army is the same, the whole government is the same and the whole country is the same.

If the President had conducted immediate investigations into the alleged crimes and violations committed by the soldiers after the conclusion of the war in May 2009, as promised to the UN Secretary General, most of these problems and a UN investigation could have been avoided. After all, the President is responsible for the armed forces. It is almost certain that most of the present information on direct violations was available by then.

It is normal that when the investigations are delayed, and delayed, there could be resistance from the armed forces. Then it is difficult to investigate or punish. The numbers of the armed forces are obviously high. Proportionally, one of the largest armies in the world. A civilian government however should not succumbed to that military pressure. Otherwise, the things might develop into a military rule, a quasi-military rule or a semi-military rule.

However, such pressure or resistance from the army was not there at the beginning. There was a strong backing for the government from the people. By conducting investigations, some commotion could have emerged from the extreme sections within the UPFA, but that would not have been a major issue for the government or for its stability. The President should have relied more on the Army Commander and not his brother. At least a rift between the two should have been avoided. Then what could have led to the present sad situation are probably ‘triumphalism’ and the lack of commitment to truth, justice and fair play.

The government could have easily balanced the army investigations with prosecuting the LTTE perpetrators. All could have even been done in the South African style, through ‘Truth and Reconciliation.’ Now it is too late for a credible internal process. I am here not talking about in detail the political measures that the government could/should have initiated. But holding of speedy elections for the NPC, implementation of the 13th Amendment, negotiations with the TNA on the above and other matters, could have gone a long way in reconciliation. On the external front, the government should not have alienated India.

If Prof. G. L. Peiris, as a key player of the present game, has thought or given the dead rope that all might be hunky dory after the LLRC, it was wrong. Then the recommendations ironically boomerang on them. The key recommendations are still not being implemented. The report showed to what extent the enlightened or professional thinking in the country differed from the government thinking.

One may say that all the above are on the hindsight, it’s a postscript and a postmortem. However, there’s still an escape route for the government if they wish to pursue. That is also the right thing to do. That is to cooperate with the UN investigation. That can be done critically to balance any adverse effects or even as a ‘face saving’ measure.

What does critical cooperation mean? It means conditional cooperation, keeping the right to criticize or differ, but cooperating on all investigative matters. It also means a commitment to find the truth, and act upon the findings, but perhaps differ on the measures to be taken for the sake of reconciliation and harmony in the country.

Treaty Obligations

Noncooperation is a clear breach of Treaty Obligations on the part of the government. It may have serious repercussions on the government and even on the people of the country. That is why it is also a ‘Great Betrayal’ of the country and the people.

There are two countries who have deviated or attempted to deviate from the treaty obligations particularly in respect of the UNHRC in recent times, Israel and North Korea. But at least Israel has now come into the fold after some humiliation. In 2012/13, when the UNHRC wanted to investigate the Jewish settlements in the West Bank, the Israel refused to cooperate and even boycotted the Universal Periodic Review (UPR). But then it had to come around and participated.

Similarly, when the UNHRC investigators wanted to visit the West Bank for the investigation, the visas were initially refused but then they had to be allowed. Even the US, their biggest ally, wanted Israel to oblige. Israel however has a bigger muscle and their international backers are more sophisticated. When they came back to the UNHRC fold, they negotiated and even won some concessions. Sri Lanka may want to emulate Israel. It appears to be the new style! But could Sri Lanka do that? The backers are very weak at least in diplomacy.

There was a credible story circulating in Geneva in the late 1980s. When Sri Lanka became severely bashed at the UN Human Rights Commission those days, after 1983, President JR became so upset he wanted to leave the UN! Only wise counsel of our eminent diplomats prevented the debacle. But it appears that nothing similar is available today.

UNHRC conducted an investigation on North Korea in 2013. Kim Jong Un refused cooperation. The investigation nevertheless went ahead. Whatever the protests that they organized inside the country didn’t work. The head of the investigation was most respected Justice Michael Kirby. The report of the investigation was submitted this March to the UNHRC. What were the main conclusions? To report many of the violations to the International Criminal Court (ICC) for action. It is interesting note that the outgoing HR Commissioner, Navi Pillay, made the following remark on North Korea just after her remarks on Sri Lanka at the 26th Session of the UNHRC on 10 June.

OHCHR has also been active in follow up to the Council’s resolution on the Democratic People’s Republic of Korea. I am encouraged by support from many Security Council members for formal consideration of the Commission of Inquiry’s report and its referral to the International Criminal Court.

If Sri Lanka wants to see an ‘unbiased’ report from the UNHRC, it should cooperate. In the case of North Korea there was only one side, the government. But in the case of Sri Lanka there were two sides, the government and the LTTE. Who perpetrated the most is a matter for investigation. I am not saying that the appointed members of the investigating panel are biased, far from it, but any investigation has to depend largely on the evidence placed before the investigators. Therefore, if the government does not cooperate, who is going to submit the atrocities committed by the LTTE? Of course the investigators will dig out as much as possible what the LTTE has committed. But as much as possible. Therefore, noncooperation of the government might lead to an imbalance in evidence.

Failure of Diplomacy

There is a complete failure of diplomacy in Sri Lanka. The government’s refusal to cooperate, announced through its Ambassador in Geneva to the UNHRC on 10 June, just after Ms. Pillay’s opening address, was nothing but a repetition of what the government was saying at the last session in March. Even those who abstained last time might not favor Sri Lanka’s childish stubbornness or refusal.

In addition, while repeating the accusations against the outgoing High Commissioner and the Commission’s staff of bias against Sri Lanka, the Ambassador has questioned the “credibility of the coordinator appointed for the investigation,” who is Ms. Sandra Beidas from UK and a Senior UN Staffer with the OHCHR. This does not appear very professional. It is quite similar to Sri Lanka’s political brick- batting. If there had been some concerns about the composition of the investigation panel, or the personnel, those matters should have been settled through negotiations, diplomatically.

Some of the newspapers in Sri Lanka are full of unsavory stories not only of Beidas but also about much respected Chief Investigator, Justice (Ms.) Dame Silvia Cartwright from New Zealand. She is of the caliber of Justice Michael Kirby, I would say. She also has served as the Governor of New Zealand between 2001 and 2006. Her ‘sin’ perhaps was to serve as one of the two international judges of the Cambodian Tribunal on War Crimes. She was once ‘accused of bias’ by the defense lawyer of Ian Sary who was one of the main killers of the Pol Pot regime. No further explanation is necessary.

Sandra Beidas, being a UN human rights staffer, had come under more criticisms previously in Somalia and recently in South Sudan. She in fact was expelled from South Sudan as a PNG (persona non grata) during her investigations. The reasons are obvious. It may be true that some of the HR staffers at the UN are hardheaded. That is a reality that Sri Lanka should have to live with. The gap between the UN human rights standards and the local perceptions on human rights are obviously considerable.

We need to stop the cycles of violence, killings, denial of truth and violations of human rights with the help of the UN or not. Wasn’t that the reason why Mahinda Rajapaksa went to the UN in late 1980s. No one would say the UN is perfect. However, it is simply unfortunate if people, of all communities, are insensitive to the issues of human rights. Perhaps the repeated cycles of past violence and violations have dehumanized our minds.

Reference to Parliament

One last thing. The President has announced that the government will ask Parliament to decide whether the UN investigators should be allowed to the country or not to conduct the investigations, adding that one has already made a request. He has also mentioned “Parliament is the people’s representative.”

When the government announced to the UNHRC early this week, through the Ambassador, that it will not cooperate, did the government ask Parliament? Obviously not. Then why asking Parliament about visas now? Perhaps the government is shivering. Perhaps, the government wants to put the opposition, particularly the UNP, on the back foot. The answer is however clear, the government should cooperate with the UN investigation, if necessary critically. If any investigator wants to visit the country and conduct investigations, he or she should be allowed to visit. Otherwise it is again a breach of treaty obligations.

The following was what William W. Park (Professor of Law, Boston University), an expert on the subject, stated in his Treaty Obligations and National Law (2006), referring to the Article 23 of the “Vienna Convention on the Law of Treaties.”

According to rules of international law, neither a constitutional mandate nor the enactment of a statute provides an excuse for a treaty violation. Prevailing opinion holds that an act wrongful under the law of nations remains so even if a nation’s internal law deems otherwise.

As far as I understand, or can interpret, this also means that a blanket decision by Parliament on noncooperation or to refuse visas without basis would not allow the breach of treaty obligations under the UN Charter and/or the procedures of the UNHRC. Of course the UNHRC rules oblige the OHCHR to seek cooperation of the concerned member state/s. That is exactly what they are asking for. The refusal of that, obviously is a breach of treaty obligations and even defy commonsense.

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Latest comments

  • 3
    1

    Dr. Laksiri Fernando

    “Most importantly, if the government is refusing to cooperate with the investigation, who is going to defend the ‘accused’ on the side of the armed forces? Even the worst criminal should have a defense. The government is also missing a golden opportunity to expose the atrocities of the LTTE and bring the perpetrators into book, some of who may be living still. Why hesitate? Is it because, some of the perpetrators are with the government now? An ostrich approach is not going to work”

    Interesting.

    The war criminals from both sides now govern,

    However, one of the biggest criminals, is now dead and gone.. but the others are still at large…others are still at large committing more crimes,,, in the Land of Native Veddah…

    • 3
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      Actually as one another tiny poor nation – we dont have any other choice than showing critical cooperation. I agree with Dr. Fernando.

      The problem lies solely on the MR thinking machine. They feel that srilankens are equally powerful as rich nations of the world. This way of thinking can lead us to even more backward nation.

      I normally dont agree with DJ#s opinions, but to a local TV sender he once added if and when international community criticise us, we should still stay in contact with each of them. And he further said that is how Zimbabwe worked on their problems. Zimbawian got more closer to SA. In the same time, we the small island nation should get more closer to India, he said. In that way only we could pass the message that their established views about the island naton are not the truth. There he is 10000000000000000% right. Only stupid men feel that we just need to stay distant to EU, US, Canada, Aus and other powerful nations. Today, the MR admin has reached that they dont show interest towards those rich nation but poor states because they stood the country by in the last UNHRC sessions. All these are silly guidance of MR. There one could judge easily how visionary our leader has been.

  • 4
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    Dr Fernando is wrong in this instance. UNHRC has already made up their minds to declare the govt and the military are guilty of war crimes. They also have decided to implicate several persons in the govt and the military. The report, I guess is 90% complete, except places of lodgings and towns visited. The request to visit Sri Lanka is to make the inquiry look respectable to the rest of the world. Dr Fernando says the panel will go ahead with the inquiry even without the cooperation of the govt. Then why bother? Let them go ahead but do not allow them to set foot on our island. Seems clear to me Dr Fernando has little regard for the Sri Lankan (govt and military) leadeship.

    • 4
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      Mr. Lal, if you are correct, they may have learned that from Our King, because King Mihidu also used the same system to chase Dr. Bandaranayaka out and send Gen. Fonseka to Jail.

      • 5
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        Lap,
        There is a truth to what lal says. That is how the West and the UN function. This Fernando guy does not know how the west operate. The UN (US/UK) have already found Sri Lanka guilty and there is no way out of that. If the panel is allowed to step in to Sri Lanka they will talk to Tamils in the north including the separatist politicians and religious leaders. They will be taken to LTTE cemeteries for wreath ceremonies etc. etc. There will be demonstrations by “missing Persons” families and friends. The panel members talking to Sinhalese in the NE, soldiers, service men and women, wounded soldiers and their families to get their side of the story will never happen either.

        Also, the panel if appointed by Navi Pillay will be biased. In fairness, the UN should request Sri Lanka to nominate half the panel members. Alternatively, it should appoint half the panel members from countries that voted against the last resolution on Sri Lanka. If none of these are granted Sri Lanka should decline visas to all panel members.

      • 1
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        Lapatiya

        Could you assure us with degree of certainty that those members of armed forces who are serving in overseas diplomatic posts are still loyal to king and country. Some of them could have jumped ships, some of them could have become moles, some of them could have already snitched. Disgruntled serving and retired officers and soldiers could be enticed to reveal what had really gone during the war.

        The International Community and Organisations could be sitting on vast swathes of information pertaining to war crimes and crime against humanity.

        We will not know for sure how much information is in the possession of outsiders.

        • 1
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          I can’t give assurances of the loyalty of diplomats ot military officers. I guess you can be confident of murderous Tamils who committed crimes against Sinhalese to be loyal for their cause. Although Tamil thugs lost the war they wanted, fought for and lost in a humiliating fashion, the low born morons still live in hope. Keep dreaming!

          • 1
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            lal loo

            “I guess you can be confident of murderous Tamils who committed crimes against Sinhalese to be loyal for their cause.”

            You can guess any number of damn things you want to, it is your freedom, could be based on your paranoia, perception, Chola Maha history, stupidity, or simply ignorance. You can also guess any damn thing based on selective history, omission and commission come handy when you decide to kill and kill.

            The Tamils too had their share of psychopaths as Sinhalese still do.

            “Although Tamil thugs lost the war they wanted, fought for and lost in a humiliating fashion, the low born morons still live in hope.”

            Of course the the LTTE and its leader VP the psychopath won the war for MR who humiliated the Tamils and still continues to humiliate them and the people of the entire island, what makes you think people should not live in hope?

            Of course the people of this island is prevented from living in hope as this country is run by Aryan Sinhala/Buddhists. You are right, there isn’t much hope left.

            Morons are morons, irrespective of their race, region, religion. Just now you have proved that you are Sinhala/Buddhist moron.

            However I just keep hope alive one day Sinhala/Tamil morons would wise up.

    • 1
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      You appear to have read only part of the article. Dr.Laksiri Fernando has spent some time on describing international contractual obligation and fetching quotations for his points too. He has put his points mainly under two dimensions. One is, Lanka’s obligation and the other one is cost/benefit analysis to Lanka of the decision it was taking. (My object is not insisting the Royal Government to submit for investigation. I have the habit of seeing Tamil Eelam and Lanka as two separate entities. With mind, I will not insist on what Lanka should be doing. That is not a true behavior of one. But Dr. Fernando is a person likes to see them as one, so his position is Royal Government should submit itself for the inquiry. I read those arguments for sake grasping the points on that, but not to recommend it to the Royal Government of the desirability of following those points on the article or rejecting the article.)

      Beyond the information obtained analyzing the available data, Kings Government has another aspect to count on that, too. It accepted the light pressure it received from the involved parties who fear mongered the King when the UN asked the expert panel under Darusman to carry out a preliminary investigation and recommend the UN-SG of the possible actions available to him. Because of this fear mongering, King formed the LLRC, but now, which has become the main root of all his problems. After that experience, he is unlikely go for another inquiry and get caught by it too, foolishly. “The cat got burned will never return to the kitchen again”- that is a saying Tamil.

      After all, the war was not conducted to get rid of LTTE. It was the King, Mangala like rogues paid money to handle LTTE. It was not a humanitarian war, because if a deal can be made with LTTE to defeat Ranil, ( a bad cause) with the same hand a deal could have been made to protect the Tamils from LTTE,(that is a good cause), too. (This is just for the sake of an argument if an action like saving Tamils from LTTE was needed. As many pundits bluffing, it was not a Sinhala Buddhist machismo, also. Sinhala Buddhist domination was expressed repeatedly in Lanka; it is true; but it was under all other leaders, not under the one, who paid money to LTTE to defeat his democratic opponent. That is the most shameless cowardice action one democratic leader would do, not a machismo. The truth is the war was carried out to remove possible obstacle to the King making process. Mahavamsa Modayas can be easily handled by bring rice from moon in an election. Tamils and LTTE were not like that. That is why they were dealt with carpet bombing, cluster bombing, Chemical bombing, thermobaric bombing….. This cause cannot be explained and a different cause of action can be expected from a group, who object is to remove the King from the throne. Either the way, by killing 147,000 Tamils the hard earned Kingship will be lost. If the King corporate with the inquiry, to evade from the punishment for the killing of the 147,000, he has to give up the Kingship voluntarily. If not, at the end of the investigation, he will be removed from the Kingship. But, yet one method may become open soon or eventually; I do not know the status of it; that is finding out another Kamalesh Sharma, Vije Nambiar, so that another buy out of Common Wealth, UNHRC can be attempted. If King is seeing an opportunity like that coming up, he should not pay attention to any hasty advises those are claiming that the investigation is one should be cooperated with.

      • 0
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        What the hell is this Mallaiyuran halagemba is croaking here? Is there any meaning in this gibberish? Please somebody catch this lunatic and haul him to a mental hospital!

        • 0
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          Paceofmind! Don’t lose yourself, please. We need you.

          If you did not understand don’t worry. I will be writing more of it until you figure it out. More examples and more talk only can clarify a gibberish. When you have got it, please let me know then I can stop my gibberish. Until that don’t loose yourself, Peaceofmind”

    • 2
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      lal:

      Those who continue to cheat and lie and think that they are smart in hoodwinking the world and try to hide the massive atrocities committed, including on defenceless women, five years is already too late. These bastards should have been dragged to answer for their heinous crimes when the POE report came out, and that could have saved a lot more misery for the victims. The 90% completion of the dirty book was a self-written and self-inflicted curse by the regime supported by tamasha jokers like you. In a script written and enacted by a dastardly regime, you can appease yourself that at least 10% has been accorded for a regime that should be consigned to hell. That itself is a bonus.

    • 0
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      But without wisiting SL they are issuing the report ne. What SL should have done is like this pof says let the team come and support them conditionally.

      In an investigation LTTE brutalities are sure to come out. Gov missed it.

      When they investigate in SL, SL gov too can participate in investigations and will know the sources and the methods of UN. So SLG can question the reliability on their arguments.
      That is while UN is investigating, SLG can investigate what UN is currently doing

      And most importantly SLG should investigate UN action in SL for the last period. This is especially given that many LTTEers have now registered as UN refugees and question how it happened.

      Also during the war, many LTTE intelligence men and even suicide bombers came to colombo and did their work as being a part of NGOs and UN workers. SLG should investigate them.

      The truth is during the war, as much as some of SLA committed crimes, majority of the armed forces tried minimising civilian casualty. That truth needs to be come out.
      Also UN does not have a clean record in SL war. There strong allegations of UN being a pawn in LTTE’s game’ So an investigation into UN in SL will reveal many facts and it will certianly receive wider coverage. The UN’s credibility will be damaged. Especially UN doing nothing against LTTE’s child soldiers even after LTTE’s verbal promise not to recruit them again to Otunu in 98 needs to be pointed out.

      And finally SL cant evade UN’s investigation.Not only MR but any future gov of SL would need to face that. So lets face it and turn it around to a less advantageous situtaion.

      • 1
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        Such,

        For a change, I agree with most of your post! Truth and nothing but the Truth is needed. I am also aware of instances where SLA solders helped the Tamil people; some even give their rations away. A sincere reconciliation can only emerge on an independently established platform of Truth.

        The residual effect of such an investigation is Sl will be checked against principles of democracy, and there is a good possibility that Good Governance can return as a direct result of the UN Investigation.

  • 3
    3

    Laksiri,

    You are not giving due credit to the proponent of the Ostrich Strategy – the great Sinhalese gymnast Dayan Jayatillke representing the great majority.

    Thanks to his hole digging efforts in Genevam the world is left with the rear view of the Ostriches – representing the great majority.

  • 1
    4

    lal,

    Sri Lanka is not for the moda Urulawos like you and MR but for people like Laksiri who can think with certain amount of rationality. How do you matimola think we should be safe by not allowing them to set foot on our island. Since when did this island became your island, goo kana animal?

    • 4
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      Silva,

      these people seem to have all kind of fears for the investigation.
      IF WE ARE CLEAN – AS SF REPEATEDLY SAY- WHY CANT WE FACE THIS KIND OR EVEN ANY OTHER INVESTIGATIONS ?

  • 1
    3

    .
    “Government Must Extend ‘Critical’ Cooperation To UN Investigation”
    .
    Yes, they will.

    If you see last 7 years, you’ll see that they always say NO first, and later say OK.

    I thought only woman say NO when they means YES.

    :-)

  • 5
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    Dr Laksiri:

    The accounts of those women who have been mercilessly brutalised and raped had literally sparked a fire among the Tamils, and justifiably so. Bianca Jagger, in a commentary titled “Time to Act” had this to say:

    “I have campaigned for human rights, social justice and environmental protection for over 30 years. I have met many victims of sexual violence, from Bosnia to Guatemala. I was very shaken by the brutal accounts of sexual violence in Sri Lanka. Rape is systematic and widespread against both men and women. Horrific crimes are being committed with total impunity by police and armed forces.”

    Unlike what you have written, it is not the few, but has been carried out “systematically” to shame a race. Those women who were raped were told to inform other women what awaits them if the Tamils don’t toe the line. A country that prides itself of Buddhist philosophy and practice and almost every sphere of life, political or otherwise, being associated with that religion, the regime and the majority race should hang their heads down in shame. What is very shocking is the dastardly and repulsive attitude and response of the majority race. If there are any “human beings” left, they are hardly noticed. Prabhakaran and the LTTE did horrible things, but rape of women had never featured as one. How the likes of Tissa Vitharana and Vasudeva Nanayakara, who subscribe to social values and principles, could continue to support such an evil regime?

    Quite frankly, and despite the UNHRC resolutions to-date, I firmly believe the real turning point in this shameful human trajectory is the statement and involvement of Bianca Jagger. They have been aggressive and violent but I simply cannot reconcile myself as to how the Buddha failed Sri Lanka? And to know that this continued to happen even after the end of the war and the pathetic denials by the regime have made SL and the regime an outcast.

    • 4
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      Prabhakaran and the LTTE did horrible things, but rape of women had never featured as one.

      Phew! How righteous of them no eh?

      • 1
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        Navin:

        Of course the level of righteousness of the LTTE can never match that of the regime, particularly when dropping their pants indiscriminately during overseas missions. A sadistic Sinhala society and you can earn your own points like rolling over in that dirt like the hyena.

      • 0
        0

        “Prabhakaran and the LTTE did horrible things, but rape of women had never featured as one”.
        The Tamil Terrorists and the diaspora raped the entire country instead! Bianca did not care then, did she? Did Bianca care when Tamils slaughtered Sinhala women, ripped the intestines, smasshed heads of babies against walls?
        Sue rape is bad and rape is under the spotlight internationally.Even the British Foreign Secretary is concerned! Tamils are making use of the present spotlight on rape to discrtedit the humiliating defeat they suffered in the war they started.
        Rape by govt forces was never raised by Tamils during the war. It’s a new propaganda tool against the Sri lankan state.
        Bianca is mislead. Not the first to be fooled by the Tamil propaganda machine. If Bianca is concerned about victims of rape, let her go to Delhi where rape occurs far more frequently than many other countries and, do her prechings there. But, she may anger UN, US, UK who are working on a strategic partnership with India. Now will she or won’t she?

        • 0
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          lal:

          Did you or your sinhalese clan ever cared for the over 70,000 Sinhalese butchered by your own Sinhalese regime in the 1970s? The empathy of you pathetic guys is so visible and that shows the deep seated selfish and greed of the sinhala race. You can’t even bothered about your own race and now want to lecture us. Just shut up and go and find out in your sinhala army sent those 70,000 sinhalese souls to hell instead of lecturing us? The name of Janaka was ringing loud. Just a hint for you.

          If there is a yardstick to measure your stupidity, then even that yardstick will laugh at you mockingly. There were many Krishanthi’s type of rapes that have been committed all along. And then, this was a humanitarian adventure with zero civilian casualties and the “heroic” forces carried the human charter and read it aloud when they bombed hospitals and civilians. And also there is a wonderful opportunity to prove the Tamils’ “propaganda” wrong if there is nothing to hide when the UNHRC comes a calling.

          Of course, who doesn’t know that the Sinhala soldiers have a penchant for dropping their pants often, as they did in Haiti. The whole world is laughing at the holy buddhist culture of the sinhalese who don’t even lay fingers on women but gang rape in broad daylight a woman who comes to holiday in SL with her boyfriend. Of course, there is also this holy monk who had a taste of …. in London and was shamed by the court there. There is nothing to hide the sadistic side of the sinhalese, it is in the public domain. Who knows, one day an ashamed Buddha may even jump into the ocean to get as far away as possible from the horrible sinhalese. May be the UNHRC report could recommend medical treatment for the Sinhalese for this widespread behavior, from the president downwards.

    • 3
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      Bianca is talking about a guy called Mick who sexploited many women.

      • 3
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        lal loo

        “Bianca is talking about a guy called Mick who sexploited many women.”

        Women willingly slept with that old codger. Unlike you people, so far he has not been implicated in any rape cases nor any child molesting.

        Kudos to his little willy, or his cock.

        • 0
          0

          Wee willy winky runs through the round,
          Upsteers and downsteers in usual pound,
          Cripping at the sindoor, pricking through the dock,
          All the fun we feel in bed, for now it’s time to hook?

      • 2
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        lal:

        What a sadistic hyena can see other than rape and sexual violence. Since you have asked this question, may be you should start with your president’s [Edited out]. Let us know the result.

  • 2
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    Dr LF
    Good article Sir,

    What’s going to happen in the coming days;
    – modawansa will be fasting un to death (with Lemon Puff of course)
    – MARA will be visiting them to give a cup of water
    – GnanaJara will torch some tamil shops and may be some Muslim shops too
    – a Buddhist monk will pour kerosene on himself but some one else will torch him
    – Paswar will be using some filthy words in the parliament and may be he will burn the effigy of JJ
    – Dr from kelaniya will propose to marry the Dame

    But the investigation will go on. MR/GR/SF/DJ and KP will be trembling now. May be they will get a free flight to Hague.. I would like to see them at London Heathrow if they get a stop over.

    At last the land of the Native Veddha and the para Tamils and para Sinhalese will be free of leeches

  • 2
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    I don’t know about Dr. Laksiri.

    But I see all die hard Rajapaksha/ Sri Lanka haters are also all urging the govt to coorporate.

    Logically they should be happy to see Rajapaksha non coorporating so that it will rebound on him and the country.

    If no one is going to give any evidence against LTTE the investigators will find themselves in a rather awkward position.

    I think no Sinhalese should present any case against LTTE leaving that job also to Tiiger supporters so that the Committee may carry out a “balanced” investigation.

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    Laksiri Fernando,

    Sri Lankan governments since independence have violated the obligations of a responsible state:

    1. Disenfranchising the estate Tamils and making them stateless, violating the Ceylon constitution,
    2. Irresponsibly removed the clause 29 protecting the minorities in the Ceylon constitution,
    3. Passed many discriminatory laws to the detriment of Tamils,
    4. Violated the India Sri Lanka agreement of 1987 granting autonomy to Tamils of North East, and further dismantled the merger of the Northeast by manipulating the Supreme Court,
    5. Continuously violating the 13th amendment of it own by not implementing it fully.
    6. Violating the promises given to the UN during and after the war.

    With ample instances of violating the obligations of the state, let alone international human rights obligations, Sri Lanka is now violating the treaty obligations with the UN.

    What does it show of the Sri Lankan state and its governments since independence?

    Untrustworthy as a member of the international community!

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    Ninety percent or more of Sri Lanka’s soldiers were not only valiant but fought the good fight against a ruthless terrorist organisation under difficult circumstances.

    Very few indeed were responsible for war crimes such as executing captive prisoners. The LTTE, including Karuna killed far more unarmed captives and surrendees such as the 600+ policeman. These truths must be exposed and the honour of the Sri Lanka army as a whole must be protected.

    That can only be done by fully co-operating with the UNHRC investigation which will expose the true culprits, and there are far more such culprits in the ranks of the surviving LTTE than in the ranks of the SL Army. To ignore the UNHRC investigation and pretend is does not exist will only result in the ENTIRE ARMED FORCES being convicted, and the LTTE getting off the hook. Once that has happened no person in any of the armed forces will ever be able to visit any Western country as all visas will be denied to them. They will also be banned from participating in any UN Peace Keeping Forces where they can earn good income. They do not deserve it.

    Just to protect some decision makers and a few black sheep the ENTIRE ARMED FORCES MUST NOT BE SACRIFICED BY THE GOVERNMENT. Co-operate and save the good name of Sri Lanka’s military. There are two LTTE senior war crimes personnel who can easily be submitted to trial to show the world the true nature of LTTE’s crimes. The International Criminal Court (ICC’s) document at:

    http://www.icc-cpi.int/iccdocs/PIDS/publications/UICCEng.pdf, at clause 33 states: How do cases come before the Court?

    A State not party to the Statute can also accept the jurisdiction of the ICC with respect to crimes committed….by one of its nationals, and request the Office of the Prosecutor to carry out an investigation.
    Sri Lanka is not a ‘state party’ but under that clause can refer any citizen to the ICC. Let’s start with KP and Karuna for the murder of thousands of civilians, Sinhala villagers, and surrendered policemen (600 in that massacre alone).

    The UNHRC investigation will go ahead even if the regime in Colombo stands on its head. If Sri Lanka does not co-operate, it will be tried in absentia and convicted, and the entire military establishment and EVERY SINGLES SOLDIER AND SAILOR AND AIRMAN will have to pay the price.

    Let’s hand over Karuna and KP and show the world the inner workings and the murderous rampages of the LTTE. As for the government and the chain of command, if they have done no wrong, they have nothing to fear. The ICC has a very rigid set of rules for their evidence and trials and the judges are not political jokers planted by despotic rulers to give pre-arranged verdicts.

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    Dr.Fernado:

    Thanks for your contribution which has some valid points but GOSL are in a tight corner which is their own making. As you rightly point out why ask the Parliament now for approval when they refused first without consulting the Parliament. If GOSL have nothing to hide put yourself to the test. What I am particularly interested in is the outcome at the end which will fall into 1) War Crimes by the Sri Lankan Armed forces with MR as the Commander in Chief. 2) The so called atrocities by LTTE and let us analyse both.

    No doubt Karuna & KP will be called to account and they will argue that they were acting under orders from Prabakaran. Accepting this argument they may be exonerated and the Tiger Supremo found guilty but he is dead. What happens if the same argument is accepted and MR is found guilty. He will probably hide among his people and the UN can
    shell those areas with 130 mm calibre guns causing carnage and history repeats itself.

    Crime( War) never pays.

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    Dr Fernando says the Govt must prosecute the LTTE perpetrators..

    Is he real ?

    Did this “International Law of the UN” which we all must adhere to according to Dr Fernando.have any clauses to stop nasty killers like Prabakran who was killing innocents for three decades under 5 or 6 different Secretary Generals?.

    Aren’t the alleged LTTE .perpetrators now advisers on Human Rights and sit alongside the current HR Commissioner ?.

    Aren’t they the same people who provided the dossier of evidence on HR violations suffered by Prabakaran and his killer Commanders to the Commissioner?.

    Did the HR Commissioner and her Western Alliance forget the 300 Worshippers in Kaththankaddy when they set the dates of these HR violations?.

    Are there any difference in the degree of HR between our two ethnic minorities?

    Can the good doctor explain the significance of this starting date of 2007?. Or is it just a Typo ?.

    What a weird United Nations this?.

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    Prof. Laksiri,

    Thanks for a very wise article. In fact this government which is in critical straights and is in the intensive care ward of the world, must consent to the visits, examination, diagnosis and treatment by a qualified panel of specialists.

    The disease is almost terminal now, considering the riot in Aluthgama, the murder of a motorcyclist in Yakkala by policemen and the presidential visit to the murder accused Duminda Silva’s glamorous house. There are many more symptoms appearing all over the country that everyone but those pretending to be blind see.

    Dr.Rajasingham Narendran

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    It will be very interesting to visualize the scenario in the country after the judgment day of the UN panel on war and hr crimes! GORA, MARA, BARA and the war criminal commanders now serving in diplomatic posts will instantly eject bowel discharges in their pants and would be running to toilets and dhobies! Others like CHARA, NARA, SIRA, SARA and the like and ass kissers like Sajin, Cabral, PB, SB, Bandulas, Raththaran (chain hora), Welgamaya,…. will have no goo in the pukas to renda! Hik hik…. Specific, travel bans, assets freezes, red notices, arrest warrants would ensure. Non specific bans and restrictions affecting and targeted on the general well-frogs in the country such as import and export restrictions, remittance embargos, education and other visit restrictions could also apply. Thereafter this fool’s paradise of fools who claim to be the father of the rest of the humans would be like a stirred hornets’ nest looking for the offender who disturbed their ignorant, insensitive, selfish death-sleep and the familial rule would not survive their sting and kiss of death!

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    It will be very interesting to visualize the scenario in the country after the judgment day of the UN panel on war and hr crimes! GORA, MARA, BARA and the war criminal commanders now serving in diplomatic posts will instantly eject bowel discharges in their pants and would be running to toilets and dhobies! Others like CHARA, NARA, SIRA, SARA and the like and ass kissers like Sajin, Cabral, PB, SB, Bandulas, Raththaran (chain hora), Welgamaya,…. will have no goo in the pukas to renda! Hik hik…. Specific, travel bans, assets freezes, red notices, arrest warrants would ensure. Non specific bans and restrictions affecting and targeted on the general well-frogs in the country such as import and export restrictions, remittance embargos, education and other visit restrictions could also apply. Thereafter this fool’s paradise of fools who claim to be the father of the rest of the humans would be like a stirred hornets’ nest looking for the offender who disturbed their ignorant, insensitive, selfish death-sleep and the familial rule would not survive their sting and kiss of death!

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