22 September, 2018

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Mahinda Rajapaksa’s Rejection Of The UN Report!

By Laksiri Fernando

Dr. Laksiri Fernando

Dr. Laksiri Fernando

Former defeated president, and now a Kurunegala MP, Mahinda Rajapaksa, has issued a statement saying, “I think it would be appropriate to make known to the public my observations on the recently released report on Sri Lanka by the OHCHR.” Of course it is ‘appropriate,’ but he has not made much observations on the substance of the report going rambling on other matters. He says that ‘My government did not cooperate with this investigation for many reasons, foremost of which was that it was instituted outside the established procedure of the UN Human Rights Council (UNHRC).”

If it was proposed to institute ‘outside the procedure’ (Resolution 25/1), then it was up to the members of the UNHRC to rectify it, and if his representatives failed to convince about the ‘correct procedure’ at the Council, then the new procedure has to be accepted as a valid one and deliver his regime’s responsibilities accordingly. This is what he has failed, ‘for many other reasons,’ among which might be his or his regime’s complicity of ‘war crimes’ that he is silent about.

He goes on in his statement to castigate the Office of the Commissioner for Human Rights (OHCHR). To him, “The OHCHR’s independence is questionable because it is funded for the most part not through the regular budget of the UN but through ‘voluntary contributions’ from the very Western states that sponsored the resolution against Sri Lanka.” Now MR’s statement is issued, as it says, to the general public in Sri Lanka. It is not relevant for them to know the so-called connection between the funding procedure and the lack of independence of the OHCHR unless it is proven through the substance of the report. It goes on saying “Furthermore all the important staff positions in this body are held by Westerners who make up half the cadre of the OHCHR.” The whole argument brings the OHCHR and the Commissioner into disrepute, and for a former head of state to do so is equal to rejecting the UN institutions in a nihilistic manner.

MahindaIf there are genuine staffing issues, as it says, in the OHCHR, these could be rectified in a cooperative manner with the Commissioner and those have no relevance in rejecting the UNHRC report. The Commissioner, Zeid Ra’ad Al Hussein, cannot be called a ‘Westerner.’ Ravina Shamdasani, the Special Spokesperson of the OHCHR who came to Sri Lanka recently and gave a well-balanced interview on the report (Sunday Observer, 20 September 2015) cannot be called a ‘Westerner.’ It seems, her “call for all Sri Lankan’s to study the report in depth” is more valid for our former president.

The statement goes on to quote the Ambassadors of Pakistan and India, in that order, on what they said when the resolution 25/1 was discussed in March 2014. Those have no much relevance today.

What is revealed particularly in respect of Pakistani statement is the cynical attitude towards human rights, which MR seems to share with that Ambassador. What might be more relevant is to state that one of the advisors to the present OHCHR report is none other than the former President of the Human Rights Commission of Pakistan, Ms. Asmar Jahangir.

The main accusation of MR against the OHCHR report is political which appears in the following paragraph.

“Some speculate that this report may have been watered down because a new government has been elected to power. If that is true, then the Pakistani Ambassador HE Akram would have been right in telling the UNHRC on 27 March 2014, that this resolution is “All about politics and not about human rights.” Be that as it may, I don’t see this report as having been watered down. The most that can be done with a report of this nature is to recommend the setting up of a war crimes tribunal and that has been done.”

It is not a speculation to say that there is a considerable ‘change of attitude’ of the OHCHR in the report towards Sri Lanka ‘because a new government has been elected to power.’ That was part of the mandate for the investigators to report, any progress or otherwise since the last Council. This is not hidden but clearly stated in the report.

Of course those who consider human rights cynically and consider ‘human rights only as political weapons’ would naturally consider even the UN organizations to act completely in this manner. I myself was a witness to MR’s cynical attitude towards human rights when he came to Geneva in 1989/9 period.

Of course there can be overlaps between ‘human rights and politics’ even at the UN, particularly at its different forums. We are in a process of evolution. I myself has criticized such occasions. These are matters to be balanced diplomatically and try to get the best out of such situations both for human rights and for a country’s best interests. However, if leaders in such positions like ‘heads of state’ or ‘ambassadors’ consider “all [these] about politics and not about human rights,” then both human rights and a country’s interests might be in jeopardy. That is exactly was the situation under MR.

MR’s worry perhaps is understandable when he says, “Be that as it may, I don’t see this report as having been watered down.” It is he who wanted a ‘watered down’ report at the expense of truth and justice. More so at the expense of the country and the people. However his extended fear is not correct when he says, “The most that can be done with a report of this nature is to recommend the setting up of a war crimes tribunal and that has been done.” Then he contradicts his assertion with the following statement, “Neither the OHCHR nor the UNHRC has the authority to set up an international war crimes tribunal.”

There are so much of misconceptions or wilful misrepresentations in the statement. It is said, “Sri Lanka cannot be taken before the International Criminal Court (ICC), because we are not a signatory to the Rome Statute under which the ICC functions.” Of course ‘Sri Lanka’ cannot be taken before the ICC ‘as a country,’ even if Sri Lanka is a signatory to the ICC. It is the perpetrators of crime who would be taken before the ICC if at all. The ICC has provisions, to take perpetrators before it, under the Prosecutor’s powers, even if the person’s country has not ratified the statutes. The approval of the UN Security Council is not necessary for this purpose. It is clear since 2009 that no one has that intention or basis to take anyone from Sri Lanka to the ICC. But the possibility is still there.

The whole purpose of investigations for Sri Lanka is ‘truth, justice and reconciliation.’ I might only add ‘reform.’ It is primarily as part of justice that war crimes would and should be investigated. That is very clear from the present OHCHR report, whatever its weaknesses or disagreeable observations and recommendations. As part of justice, it is obvious that the international community and the right thinking Sri Lankans want the perpetrators to be punished. In my personal view, some punishments could be commuted, depending on the mandate of the court, if the perpetrators genuinely admit the guilt, repent, apologise and agree to compensate. It was MR who was boasting that he is ready to go to the ‘electric chair’ although it is well known that even for war crimes, capital punishment is not given. His knowledge of international matters seems to be quite pathetic.

The statement has made a big fuss about the claim that there are no names mentioned in the report. This is particularly aimed at the present President Maithripala Sirisena. To refute the claim, it says, “But a prominent journalist D.B.S. Jeyaraj has pointed out that the names of important military personnel and units have in fact been mentioned in the report in a manner designed to incriminate and direct investigations even though those names have not been linked to specific incidents.” Why based on DBS Jeyaraj, if MR has or his ‘statement writer’ has read the report and understood it correctly? It must be for habitual name dropping.

The whole exercise of the statement is aimed at two objectives. (1) To refute the positions taken and/or claims made by the members of the present government in respect of the report, and (2) to create a climate that a major calamity is going to happen to the country as a result of the report. It is on that basis that MR urges the government to reject the report. The pertinent question here is whether Sri Lanka is going to benefit by rejecting the report. On the contrary, constructive or critical engagement is the best and correct policy that Sri Lanka should follow.

MR has taken some pains, in four long paragraphs, to defend his policies during his tenure, that tantamount to near breakdown of relations with the West (US and EU), even referring to the Rubber-Rice Pact with China in 1952. There is some semblance of balance in his utterances here, perhaps as afterthought. However, what he has terribly failed to understand is that during that period that he refers to, there was no internal war in Sri Lanka, then Ceylon, and there were no major human rights violations or war crimes!

He has even dropped names (i.e. John Kerry) to say that his relations with the US was good. It is completely erroneous for him or his ‘statement writers’ to consider, however, that foreign policies of democratic countries are governed by “purchases made, contracts awarded and opportunities provided for investors.” That understanding about international relations is quite archaic. This also must be the reason that his administration paid millions and millions of dollars to a US lobbying company to improve relations between the US and Sri Lanka without success. Money, Money and Money seem to be his political thinking. No principles. What he has terribly failed to realize or state is that the resolution 25/1 which gave rise to the present OHCHR report was mooted by the US last year, in March 2014.

The most habitual for him even in this statement is to consider Sri Lanka as his fiefdom. It is clear from the following sentence.

In ruling a country, there are occasions when one has to go against the wishes of powerful nations in order to serve the interests of the people.” (My emphasis).

It is the thinking of Muammar Gaddafi or Saddam Hussein. If he were ‘ruling the country,’ then he is responsible to the people as well as to the international community for what happened during that period in terms of human rights violations and war crimes. If he were to clear his name then he has to come forward and take up the responsibility.

We are living within a global community. Both international humanitarian law and human rights law are part of the international law to which Sri Lanka has undeniable obligations, moral, customary and legal. The rejection of the report is no excuse from those obligations. It is cynical and undiplomatic. The most positive aspect about the present OHCHR report is that it recommends to investigate the war crimes within the context of human rights violations. That would be the best learning process for Sri Lanka; its political leaders, advisors, the defence forces, the police, the bureaucracy and the people.

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Latest comments

  • 11
    3

    Why bring in DBSJeyaraj to butress his argument, when anyone reading the report would have come to the conclusion which Jeyaraj had. Is it only Jeyaraj who can find the information when even an ordinary person reading the report can come to the same conclusion?.

    • 8
      2

      .
      MaRa once openly said he is ready to face electric chair in place of his military personnel.

      Will he keep his word?

      :-)

      • 1
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        aratai
        How are you going to control mob that want to pull the switch?

    • 7
      1

      Good one Prof. Laksiri.
      Fact is that the political culture of impunity for corrupt politicians is continuing in Sri Lanka.
      Yesterday the corrupt clown Sajin Vass Gunawardene was released on bail by the Attoney General who needs to be investigated for failing to hold accountable even a single corrupt politician in the country.
      The AG and Arjuna Mahendran at the Central Bank are 2 corrupt public officials. The Sri Lanka rupee is in free fall. The lankan banks are borrowing from German Banks which also cause the disaster in Greece by lending unscrupulously. The economy is in a big mess, impunity is rife, the ONLY good thing about the Sirisena Ranil government and its 90plus cabinet of corrupt clowns is that Racism in the public domain has been halted.
      Meanwhile Mahinda and his corrupt cronies are protesting against financial regulations being debated in Parliament – of course they would because they are corrupt and do not want financial regulations.
      Sri Lanka is a Miracle of Modaya.

    • 4
      1

      My dear friend, very few will read that 600 or so page repot. Even I didn’t do. Initially I thought names are not mentioned in the report. After reading Jeyaraj article I got to know that in fact the names are mentioned in the report. So I think that is why Dr Fenando mentioned the Jeyaraj article.

      • 1
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        Leel

        The complete report contains only 262 pages.

  • 7
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    Dr. Laksiri Fernando

    RE: Mahinda Rajapaksa’s Rejection Of The UN Report!

    “Former defeated president, and now a Kurunegala MP, Mahinda Rajapaksa, has issued a statement saying, “I think it would be appropriate to make known to the public my observations on the recently released report on Sri Lanka by the OHCHR.”

    Since he is named as one of culprits in the report, it is very appropriate for him to explain his version of events. Even Gioardano Bruno (who was burned) and Galileo were allowed to make their statements make their case, by the Catholic Church, even though the trials were mockery of Justice.

    So, we need to hear the Former “Hon.” President, Mr. Mahinda Rajapaksa, even though he rejects The UN War Crimes Report.

    The report is about going after the criminals, identify them and punish them based on their crimes.

    If the criminals are qualified to be punished and hanged, hang them. Remember the Former “Hon.” President, Mr. Mahinda Rajapaksa, falsely accused the real Hero Field Marshall Sarath Fonseka, and put him in jail for 2 1/2 years.

    Based on the outcome of the trials, the Former “Hon.” President, Mr. Mahinda Rajapaksa, Gotabaya Rajapaksa and others may or may not be found guilty.

    If found guilty, the criminals can commit suicide and be gone.

    Then justice would have been served.

    Then, can sing Jaya Mangala Gatha, on the defeat of Mara.

  • 15
    7

    Mahinda Rajapaksa’s Rejection Of The UN Report!

    Hahahaha……………bloody joker. Haul his arse to the Hague and throw him in jail for life in a 3’x3′ cell.

  • 6
    12

    According to the Author of this piece and our Foreign Minister, Government et al all what UN and the sponsors wants is ‘truth, justice, reconciliation and reform’. To stop this continuous confusion of this situation it is about time that SL Government states its position and what it really wants. More so how far it is willing to go. Is it Truth, Justice and Reconciliation? If Justice is the key how far the is the government willing to pursue? What the Author and the Government both should understand is that the UN report is investigating a very dark period of the county’s history and some inevitable consequences as a result of action taken to protect democracy, country’s interests, our way of life and further shed of bloodshed. Therefore any investigation should be conducted from that angle.

    • 4
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      Shan
      Let me tell you what the
      truth is; Ltte raised arms against a legitimate gov.
      Justice; was served by the DFSL by eliminating suicide murdering terrorists.

      Reconciliation; terrorists are dead. So no one to reconcile with.

  • 13
    7

    MaRa as usual plays to the Gallery! While he was Siphoning off 18 Billion US Dollars,the Gallery thought he was Saradiel!

    • 4
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      Money can buy off any court, legally, via high powered defense lawyers, and that is the law of the land in the mighty Amirika and by proxy the courts of UN, if MR siphoned off 18 billion of the greenbacks MR is in good shape any court anywhere to defend himself, wont he!

  • 15
    5

    Once upon a time in Medamulana, a Grade V student came home with a really bad report. On being severely reprimanded by the father, the son consulted his brain trainer, a kid in the neighbourhood who was too smart for his own good. As advised by the little Einstein, the son went back to his father and said he should reject the report as the father didn’t know what was really in the report, and the Principal didn’t know what he was talking about anyway. The son warned his father there would be a big Kalabala in the village if he accepted the report. There indeed was Kalabala. The son got locked up in his room for three days without any food, and the brain trainer was paraded in the village square wearing only his pair of socks.

  • 12
    2

    That is expected of Rajapakse. He is implicated and naturally will reject it.

    • 4
      18

      Yes, if he is implicated it is because; he brought peace by the actions his administration took, protected Sri Lanka’s interests by taking those actions and protected our way of life with those actions! If it is the case he rather be implicated than not.

      • 1
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        Shan,

        There are right and wrong ways of achieving
        goals. Don’t look solely at the outcome.
        Actions have consequences in a society
        that safeguards human rights.

  • 10
    1

    Dr. Laksiri Fernado has dealt with the statement of ex President Mr. MR in a nut shell. However, he has missed one or two points and I wish to comment on those:

    (1) The Statement said: “During the war, Sri Lanka and the USA had a mutually helpful exchange of information on security matters”. Very commendable to have said so, because most of his “STOOGES” prominently MP Wimak Weerawansa, MP Dinesh Gunawardane and those others who staged that “Bring Back Mahinda” campaign consistently REFUSE to accept that fact and keep on hammering at USA and Western countries for undue interference on our domestic matters. That war was a domestic matter and didn’t these Hon: Minsters who lived during period know that
    “Exchange of Information” between Sri Lanka and USA Governments? Why did they allow that to happen, if they are so agitated and voice objection to any sort of such involvement? We know how that “Information Sharing” helped and even the “Destruction of those LTTE fleet in the high seas out of Sri Lanka waters was carried out. There were more and many to mention, but now it is water under bridge. However, it is suffice to say that these are the “PSEUDO PATRIOTS” whose hypocrisy brought about that DIVISION between the two countries. That display of “Ungrateful” behaviour was one of the reasons for USA’s outburst at the UNHRC.

    2. In another place: “Throughout my tenure, the main foreign investors in the Sri Lankan long term sovereign bond market and the securities exchange were from America and Europe. It is only after I was voted out of office that these investors started withdrawing their money from Sri Lanka”. Hon: Mr. Ravi Karunayake can you please educate us on this FACT. You and the Governor of the Central Bank would tell us whether this was in fact TRUE. It is better to hear from the Authorities than to express our opinions.

    3. In another: “When the EU withdrew the GSP+ trade concessions from Sri Lanka in 2010 under pressure from the powerful Eelamist lobby in Europe, my Government saw to it that the exports of apparel to Europe continued to grow year after year”. What is more HILARIOUS than this. Where was this President when garment factories were getting closed due to lack of orders and thousands of employees lost their livelihood? If those exports “continued to grow year after year” we would have seen thousands more factories coming up and thousands getting employed.

    4. In another: “….I strongly believe that those should be tried under the existing Sri Lankan Law, under our present courts system and by our Judges and our Attorney General’s department”. We have already seen how “OUR PRESENT COURTS SYSTEM”; “OUR JUDGES” and “OUR ATTORNEY GENERAL’S DEPARTMENT” works. Mr. MR all those are NOT OUR SYSTEMS; OUR JUDGES and OUR ATTORNEY GENERAL’S DEPARTMENT – THOSE ARE ALL YOURS’. You have proved that beyond any doubt to the International Community. They knew it and they experienced it, when you decimate our Foreign Affairs functions by filling it with goons and family members, and that is why this proposal of a “HYBRID” and your are the MAIN CAUSE of it. You want this Government to face it and make it the “SANITARY DISPOSER”. Instead tell what would you have done if you were re elected the President and run the Government of Sri Lanka. Would you have acted just like what Israel did?

  • 5
    16

    No doubt writer is belongs to pro-western and pro-neo liberals school of thought, it does matter his past educational or academic background are being recognized by British Empire. The born in Trotskyism of that theology of politics ,well train and turn into political outlook of so-called ‘human rights’ teaching only.

    Blind on Terrorism of any kind by the writer , which the tendency to seek backing new political global agenda of US UK and EU certain nation believed and encourage bullet related political – ‘Terrorism’.
    He has no attempted to defined civilization democracy the term of exact historical ideas and actions by MR and ruling alliances end of 30 WAR launch by LTTE-Tamil Terrorist which Tamil political class back by TNA TULF and FP since 1949.

    He seems to be spokesmen of UN human Rights ,that working on behalf ‘war crime of human right’ against that defeated of LTTE gun rule politics that by MR and progressive alliance in 2009 May.

    The leader who end War and led by elected resrestaitaive of people that persons or person become “War Criminal” or “Criminals’. That Armed forces who fought against Tamil- Terrorist has turn into ‘human right violators according to barometer of US and Indian version of human rights’.

    The writer holding -that PHD ….good…but pattern of think, people of world do not believed an open reality of War Crimes by US UK and others actions since invaded of Iraq.

    He want hoodwink people by Globally that who he believed God created universe.

    Indeed is outlook of irrational mind set of writer being Western or European model of democracy.
    This is a revenge taking theses by writer, who want send MR and other into ‘war criminal court run’ by Anglo-Saxon “Justice of world”.

    In namely British Empire run many centuries Imperialism without fair and justice but by gun rule political empire that followed by current US administration led By Barak Mohammed Obama of President of USA.

    • 5
      0

      Please do stop using Google Translator in writing comments, this comment makes no sense!!

      • 5
        0

        Ha Ha ,you hit the nail on the head!

  • 7
    17

    This is the final battle of the War Plan organized by the West,( Cameron . Harper, and the Diaspora) during the Singapore Sling of Batalanda Ranil, Cousin Whisky Madam, Tiger Suren and Solheim.

    This battle if it is allowed to succeed, will destroy the last bit of the Sinhala Buddhist influence and power which have been accrued during many years of SLFP rule.

    Here is the Plan in a nutshell.

    Destroy the Sinhala Buddhist power structure in Srilankan Political arena..

    Give the TNA and the Diaspora which Prabkaran fought for 30 years.

    Restore the Elite Anglican and Vellala rule to the good old pre Coup 60’s era..

    Privatize all public assets.

    Put non Buddhists to be in charge of the Army, Navy and the Air Force.

    Police which is already under Ranil is no issue . And it will be totally under the UNP when Ranil appoints his independent commission.

    This OUNHCR Report and the War Crime Trials are the most important bits of the Singapore MOU,

    It will cull all battle hardened officers from the three forces,with the main ones stripped of all entitlements, even if they escape jail.

    Sinhala Buddhist leaders who liberated the Nation from Tamil Terrorists will be in jail for sure.

    Whether it will be a White Jail or a Local cell is the bargaining chip..

    I am predicting jail because Batalanda Ranil has already declared that his two emissaries Mangala and Wijedasa managed to get Rajapakasa off the Electric chair.

    Is our President Gamrala Sirisena and his “B team” capable of protecting the Sinhala Buddhists and what ever they got , from this Batalanda Ranil’s formidable alliance of Elite, Anglicans, vellalas, Diaspora, Cameron, Harper , Solly and Zeid?.

    Rajapaksa is right on the money..No China or Russia will be there to over rule this alliance…

    • 3
      4

      @Kandiah Arasaratnam Sumanasekeram, the donkey from the south has let go of another brain fart. All these leaders from developed countries have nothing else to do than bully SL. Oh ane baba, go and screw off.

    • 2
      2

      Just bugger off Sumanansekera!

  • 2
    4

    Former President Mahinda Rajapaksha has done big mistake. What is that?
    He should have allowed Prabhakaran to govern the Country. Then no problem from any country. Then peace will be very corner in Sri Lanka.May God bless Sri Lanka.

  • 5
    2

    Surely the present government will not be mad enough to accept the recommendation of MR or rather his statement writer ( most probably Dayan) to reject the report and face the outcome such as sanctions and go down the palling!
    Sengodan. M

  • 6
    2

    Hybrid Court

    1) Does any Justice System in the world ask the alleged criminal (based on prima facie evidence) his/her opinion on selection of judges, courts, prosecutors, etc ?
    2) “Hybrid Court” is a threat to sovereignty of Sri Lanka; in what way ? When we (SL as a country) borrow from overseas countries/institutions, we (SL as a country) have to dance according to the overseas creditors music anyway . Then what happens to the SL’s sovereignty ?
    3) When we (SL) borrowed (at very high interest rates) from China for Hambantota projects & Port City project, there were thousands of Chinese workers (even some street name boards are in Chinese) in SL’s soil – giving directions to/advising Sri Lanka workers. What happened to the SL’s sovereignty ? Why Hybrid Court is different ?
    4) When Sri Lanka Petroleum Corporation paid millions of dollars to OVERSEAS BANKS based on INTERNATIONAL Arbitration Tribunals’ Order, What happened to the SL’s sovereignty ? Why Hybrid Court is different ?

    • 3
      5

      Neethi
      What is your IQ?
      1. SL opposes justice systems of the world. Which country allow world justice system to interfere with their own?

      2. So according to you, every country that borrows money lose its sovereignty and allow others to control their justice system! USA is in debt to China, so the Chinese should run the US justice system?

      3. Did you know the sign boards were for workers and on a temporary basis?

  • 3
    2

    Would Sri Lankan Politicians, Journalists and political commentators please stop referring to an electric chair in the Hague where the International Criminal Court resides.

    Nobody found guilty of war crimes and crimes against humanity has ever been executed at the Hague. All suspects found guilty of above said crimes are serving life sentences.

    Having said that if `Das Fuhrer` Rajapakse is found guilty which looks ever more likely as the revelations unfold, rest assured it will be a very short sentence. All the photos of him of lately give the impression that if he picked up a bag of rice he would have a cardiac arrest and die.

    This would be the best way to get rid of this immoral vermin. Cost effective but perhaps too humane.

    Now where did I place that bag of rice !!!!!!!!!!

  • 4
    1

    K.A Sumanasekera

    You said, “Is our President Gamrala Sirisena and his “B team” capable of protecting the Sinhala Buddhists and what ever they got …”

    You think only of Sinhala Buddhists, what about the others? You think the world is made only for Sinhala Buddhists? Don’t you think others too have rights? Or do you think Tamils are just animals and can be shot at will? My dear this is how your guru Mahinda Rajapakse thought, you all have the same mentality.

    It is only because of people like you Tamils have lost confidence in getting justice by the ‘Sinhala Buddhists’ regime for the crime committed against them and demand International inquiry. Tamils are more than convince a local inquiry will be a white wash just to protect the perpetrators of the crime, another repetition of some mock LLRC investigations through which nothing came out only to tell NO human right abuses were committed. Look at the amount of eye witnesses that are available, how people were taken away by the military telling will be released after a small inquiry and never to return. How can you sweep them under the carpet and you think others in the world are fools. You miscalculated in the war and thought you could carry out a war without witness. There is no war without witness my dear. Now you have to pay the price for your sins even if it amounts to division of the country. There is no escape!

    You will only realize when such tragedy visits your door step and I hope you will soon realize. Remember the crime rate in the South has now increased and most of them are committed by those who had served the armed forces. These people are criminals and criminals who joined the military only to take advantage of the situation. Decent people in the military will never commit crime in or outside military and will go by the books. These criminals had the opportunity because in a war they felt so, and committed the crime and took advantage of the situation. They did so because they could hide undercover of the war. So you are only protecting criminals who will certainly bite your hand one day.

    Decent people in the military will never commit whichever side they belong. Certainly in a war there is collateral damage and getting caught to a cross fire, and I truly understand that. You are only protecting criminals only to get harmed by them one day and that is the day you will wake up to regret.

    There are criminals who became politicians to take advantage and MR is one. He is no hero he robbed millions of Tsunami funds and the beneficiaries to which were Sinhalese. Helping Hambantota and Hambantota was Sinhala. All these people were denied the aid.

  • 2
    2

    It That statement is, widely believed, written by Dayan and so far Dayan has not rejected it.

    There is nothing new in Old King rejecting the OISL report. They are people “Muzhu Poosanikayai oru Sauthukkul ozhiththvarkaL”. (Hid a full pumpkin in a rice grain.) Dayan said “zero casualties” in 2009 and received praise. But what they could not hide is they willfully left the Temple Tree House when there were many option for real coup. That was because they had run out of cover up techniques and lies to go to that level. The January election itself was horoscope reader’s blunder! They never expected to see this turn. Now that racist is having a problem of sitting next Sampanthar in the parliament. He may leave the parliament and bring an end to his Idi Amin + Hitler politics. Wimal, Dinesh, Vasu…. could not give him courage to start a new political party. Somebody is, by writing a lousy statement on old King’s name, trying to up lift his defeated mind. Though it worked for Dayan 2009, it will not any more.

    The PhD who wrote the statement is not a lawyer. The statement fizzled before it comes out. Defense lawyers would take either of two well-known directions. They prefer directly attack the crime accusation and deny it. If they think it may not work, they would work on the “technical grounds”. The PhD badly failed on his approach. The statement did not attempt to categorically deny the war crime. The writer’s mental status is denying it is not an object-full action. So he let it go not denied. Denying it is not easy. It was prepared with 6000 witnesses whom are protected from usual Lankawe’s intimidation. Cracking it will not going to happen. All three UN’s & UNHRC’s investigation on three different ankles have come with the conclusion. Basically all corners of the world have accepted the report. Sampanthar has accepted with responsibility. So, rejection by denying the crime is not an option. No technical ground is attempted because of the inferior international Humanitarian and Human law procedures. Consultants were hired, but after the fact. So the actions proceeded before the consultation could not be fixed. Mentioning of the ICC by the PhD is only a political maneuvering, not a legal point as the OISL report did not analyze the ICC options to suggest using.

    UN is a members’ club. Anything goes between the club members, at least theoretically. Lankawe is a member milked maximum out of the UN membership, not just with the existing nipples, even artificial inserted additionally. Nambiar is one artificial like that. So accusing UNHRC of violating its own constitution is not an option either, at least as per the past UPFA government. I do not know the legal venue on that issue, but if there was one certainly UPFA would have challenged when OSIL was formed during its period, rather than running out of temple Tree House when only the report was about to come. UPFA turned every stone and pebbles. It even took Sinhala supporting actress to Geneva. If there was an option like that UPFA’s defense lawyers like Desmond de Silva would have guided UPFA government before it get scared by Sec.Kerry.

    Ahmer B Soofi was said to have advised the UPFA government to accept the OSIL and allow it to enter Lankawe. Government did not heed to his advice. But it was the reason the Paranagama Commission’s mandate was expanded and external consultants were appointed to it. Latter visa was refused even to them. So, instead of taking it as a legal venue for a legal action, raising it as a political point by the PhD writer now is evidencing his disconnection with the UPFA government in the past.

    I do not know of what was the point in suggesting the rice-rubber pact for defense in UHRC action. It appears it was only a political blah blah. The current action is not by America, though it leading. It is only by UNHRC. GSP+ cancellation of EU has nothing to do with UNHRC. The truth is EU is relaxing only when UNHRC starting to tighten its hold. Further it is true because of the New EP and government, in March the report tabling was delayed and the names were removed when it was presented in September. These will evaporate the same the 2009 UNHRC victory evaporated if it were found out that the new government lied the same way Dayan lied in 2009 may.

    Rubber -Rice pact was another political attempt to try by the PhDs tries to save the old King. Money came into human society because of the problems faced by barter. Kannankara, a person like Dayan, instead of selling the rubber to cash and use the fund to the development of housing and education for the estate Tamils, he came out with the idea of importing rice for the Sinhalese who eat all three times rice. Here they claim they saved China by sucking the Tamils blood. In the 1950s Lankawe has favorable balance of payment in the foreign exchange account. At that time avoiding further buildup of balance might have been an idea. So Lankawe might have preferred a barter system. But the Balance payment was immediacy watered out and looted out. Soon lanka became an indebted nation. This indicates the planning mistake in the Rubber-Rice pact. Further, after issuing the rice at cut rate and free, rice became a powerful political force Lankave. Sirimavo even promised to bring it from moon. The ideal solution at that time might have exporting rubber to cash and importing wheat would have promoted rice production locally. This was the experience when Tamils were stopped from importing India they started to produce many farm products in Jaffna. As they would not like to punish Sinhalese like the way they punished Tamils, so they could have imported wheat to induce the rice production. But whatever happened, thereafter rubber declined very quickly. This should be from the reaction by the western countries for the pact.

    Discounting America is not only joke. When America said not to import oils from Iran, First, Lankawe could not do anything. But Royal family quickly turned it around as another lotto for Royal family. So they offered china to modernize he Subukaskantha refinery for 2.2 billion when the refinery could have been renovated only for 1.1 billion US dollars. So Old Royal family may not care the sanctions by America, but is it a real solution?

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      As for precedence of a Hybrid Court set up, which DJ claimed did not exist, the following
      piece may be informative: Source Tamilnet-

      “There had been nearly eighteen Commissions of Inquiry in the past from 1963 to 2013 and the latest being the Presidential Commission on Missing Persons chaired by Maxwell Paranagama, mandate of which was later extended to cover war crimes.

      Majority of these commissions were associated with violence against Tamils. Two of the commissions had “international” presence.

      The first notable one being the Commission appointed in June 1963 by William Gopallawa, Governor General of Ceylon to investigate the killing in 1959 of the then Prime Minister S.W.R.D.Bandaranaike and to determine whether there was a wider political conspiracy in the assassination.

      Another Commission of Inquiry was appointed to investigate and inquire into sixteen serious violations of Human Rights since 1st August 2005, including the Trincomalee 5 (students) and Moothoor 17 ACF Humanitarian Workers all of whom were Tamil speaking.

      The Bandaranaike Commission of Inquiry had Justice T.S.Fernando, Judge of the Supreme Court of Ceylon and two “international” Judges, Hon. Adel Younis, a Judge from United Arab Emirates and Hon.G.C.Mills-Odoi, Judge of the Court of Appeal of Ghana. Both judges were invited by the SL government to participate in the “hybrid court.”

      The second Commission did not have foreign Judges but had a body of International Observers, the International Independent Group of Eminent Persons (IIGEP), headed by Justice S.N. Bhagwati, a former Chief Justice of India and a former head of the UN Human Rights Committee. The members of the IIGEP were nominated by the then President of Sri Lanka, Mahinda Rajapaksa.

      But, during its tenure, the IIGEP quit half way after the investigations began, citing conflict of interest in the proceedings before the Commission, lack of effective legal framework for victim and witness protection, lack of transparency and timeliness in the proceedings, lack of full co-operation by state bodies, and lack of financial independence of the commission.

      The IIGEP recommended that the government of Sri Lanka not allow the Attorney General (AG) to function as Counsel assisting the Commission of Inquiry, as there is a conflict of interest with the AG being the Principal legal Officer of the State.

      ‘Sri Lanka’ continued to allow the AG to intervene in IIGEP’s functions.

      When Dr. Manoharan father of Rajiharan, one of the 5 students murdered by the STF in the Trincomalee beach on 02 January 2006, started to give evidence via Satellite from a European country, the testimony presented damaging details implicating the security forces. The SL government promptly withdrew the funding and stopped any video evidence. Dr. Manoharan has recently said that he will not go to ‘Sri Lanka’ to give evidence if the Hybrid court sits in the island. ” ………….

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    “In ruling a country, there are occasions when one has to go against the wishes of powerful nations in order to serve the interests of the people.”

    Would this person or his crew ever understand the meaning of the expression “rule of law”?
    As against rule of any person or family?

    Will the people of this country ever come to insist on this distinction when they think of, consider, judge or vote for anyone who comes forward for public office?

    MR ruling a country – he, his brothers, sons and extended family no doubt believed it along with vast numbers in this benighted country!!

    True, only if rule means rob and ruin.

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    this is typical laksiri fernando.

    he pretends he knows every thing.

    only thing is he does not tell that he talks only one side.

    what is the correct term for academic dishonesty or the scholarly dishonesty

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    The learned Doctor has compared MR to Gadafi.MR did not have the vast oil income to provide one of the best welfare system in the World which Gadafi provided for his people. But MR gave the right of franchise to Sri Lanka and more importantly the right to life.
    Anyhow what has happened to Libya after Gadafi? The Doctor would not care as the West has its boot firmly there and taking out the Oil.
    The Dr says that the UNHRC investigation will give Sri Lanka a lesson of experience. Yes,the idea is to teach us a lesson not to displease the West.
    Before he made his politically loaded comments the Dr. should have read the legal opinion given by three international legal experts to the Paranagama Commission.

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    “Mahinda Rajapaksa’s Rejection Of The UN Report!”

    what about rest of the free worlds rejection of mahinda rajapakshe?Because of that idiot we nearly got landed with sanctions.You can see from his attitude now which is the same attitude that prabhaharan had towards the rest of the world,what direcion he would have taken us just to save his arse.

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      what i was trying to say here if it is not that clear to those putting nay is, if this man with his dogmatic and inflexible attitude continued in office we would have ended up in the china,russia,iran,myanmar,north korea,zimbabwe club.That was the direction he was taking us in.

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    There is written and unwritten rules of engagement and conduct of war. For you all do not respect it. That how you declared war against unarmed non state tamils.

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    A sane analysis by a man who had read the report.
    Let’s ask MR to read the report first and try understanding it with his peanut brain without depending on his speech writers who are jokers who sway with the direction of the wind!

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    Dear Dr.Fernando:

    Mahinda Rajapaksa’s Rejection Of The UN Report

    *** Sadly it is not just Mahintha who has rejected the UN report which is expected but also RW which is a shocking revelation. How can the Tamils place their trust in a Government headed by RW when he rejects the UN report outright challenging the UN authority despite overwhelming evidence of culpability by the armed forces under Mahintha & Gotha.
    SF the Field Marshall weighs in by saying that the Civilians were killed by the LTTE and his statement amounts to SUBJUDICE while an enquiry is pending.
    Thajudeens case is closed and I am afraid that there is an attempt for a massive cover up by the current GOSL to save Mahintha hence the rejection of the Hybrid Court by RW.

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    “In ruling a country, there are occasions when one has to go against the wishes of powerful nations in order to serve the interests of the people.” (My emphasis).

    If this is not true, then in all occasions we should fulfil the wishes of powerful nations in order to serve the interest of the people.

    Look forward to next five years to a Sri Lanka with no international and domestic problems.

    Stay tuned…

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    A very well studied exposition of Rajapaksa’s hypocrisy and dishonesty.Bensen

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    Dr. Laksiri Fernando article has created lots of discussions here ,

    I agree with the comments that Sri Lanka has unike Singelease buddhiest identity
    where 69% of people follow. Where we have got different sub. cultures inside buddhism.
    we got 3 Maha Viharayas, Anuradhapura, Abhayagiri and Jetavanaramaya.

    Mahayana Sthaviras, Vajrayana, and Hinayana teaching. Theravada Buddhism is the main religion and during 19th century amordern buddhiest revival took place.

    In Sri Lanka we got around 6000 monasteries and 15000 monks. Sri Lanka has the longest continues history of Buddhism of any Buddhist nation.

    In Sri Lanka there are modern monks involved in nationalist politics and during the Sri Lanka civil war (1983-2009) they urged the government to take aggressive stances against the rebels. These buddhist monks have been opposed by the sarvodaya Shramadana movment, a self governance movement led by the buddhist Dr.A T Ariyaratne.

    The riots Started before 1983, the 1915 Ceylonese riots, Mawanella riots etc. The Buddhism does not support violence, riots, racial discrimination.

    The slogan saying we need to protect Buddhism there for we allow violent killing, riots, looting, raping woman and suppress the minority is essential is misleading propaganda.

    Buddhism will be the biggest religion in Sri Lanka since this is nations identity for the majority people. Children learn buddhist values at sunday schools, at home and through cultural activities. This beautiful culture do not need to be pushed in to people by politicians, it will survive without any involvement from political society.

    As our previous president Mahinda Rajapaksa saying our government or soldiers have not done any violence against humanity so why should we be afraid, We should have the commission as UNHCR says and prove we protect our civilian and we are a true buddhist country. We follow great prince Buddha´s principles.

    In case if we find even previous President or any top official responsible for criminal activity we will show the world we are true buddhist and we will not lie or act in a way tarnishing our religion.

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    The issue is not only “war crime” against Sri Lankan but US + Indian agenda , are well planning in different direction that to annex Sri lanka by as Indian province state by BJP-RSS agenda….Hindu Empire…

    Certain writers enjoy that writing, their so-called pundit version of interpret of War Crimes> That is not the point here, we have been threaten by Indian big bourgeoisies class , that annex to our land for Indian Ocean hegemony purpose; for building New Military and Naval base in East of cost Trincomalee Harbor become most priority of new political game plan.

    Current movement of the New move by Indian-BJP-RSS political agenda to build new bridge between Sri Lanka and Indian is supposed to be funded by ADB.

    Regain Sri Lanka—–New re-coloinilaztion by jointly US + Indian to be occupy Land of Sri lanka.

    The Section of UNP-RW and Minor potion of CBK & MS of few are supporting this movement by secretly.

    That day of politics talk in the town!

    This what UNP-RW promised for New Sri lanka.

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    I dont see bridge or tunnel will create problems to our Independence.
    I see border links opening up between China Pakistan, silk road, India is opening road way to nabouring countries in North India. Singapore has landroute, Railway to Malaysia Brunei has land route to Miri In Malaysia. United Kingdom had Railway connection to France. Sweden had bridge connection to Denmark. We could give several examples where countries opening up for globalization and effective transport systems for better commercial opperchunities.

    I think we still have small islander symptom, we are much larger in population compared to several countries and strong in compitence and knowlidge. We could benifit by opening up our economy and be an example as forward looking nation.

    We are in 21th century the global agreements and treetees make it deficult to concur nabouring countries, instead concuring business markeds are more lucreative.

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