29 September, 2020

Blog

NPC Reiterates Its Call For International Probe

The Northern Provincial Council has reiterated its call for an international probe into alleged acts of genocide committed against the Tamils during the war.

The Northern PC has reiterated its call to coincide with the UN Human Rights Council 30th session which began in Geneva yesterday.

C.V.Wigneswaran - Northern Chief

C.V.Wigneswaran – Northern Chief

Also the UNHRC office yesterday announced that it will make public the UN report on the investigation into the alleged war crimes committed during the final phase of the war against the LTTE on Wednesday.

A senior TNA member of the Northern PC said today that the council will not accept the domestic probe proposed by the government and will insist on an international investigation.

He said that the northern and Eastern Tamils who bore the brunt of the war had lost confidence in the domestic mechanisms of the government.

He said that the northern PC fervently appeals to the UNHRC and the international community which supported a similar mechanism previously not to deviate from their declared stance.

Meanwhile the Northern Chief Minister C.V. Wigneswaran in an exclusive interview with Colombo Telegraph also reiterated his call for an international probe claiming that no Sri Lankan judge will ever find fault with the military.

Meanwhile the UN report on the investigation into the war crimes committed during the final phase of the war against the LTTE has blamed both sides, according to sources that are privy to the information contained in it.

The Sri Lankan government received a copy of the report on Friday night.

Although the report does not contain any individual names of military, political or LTTE leaders it has mentioned the names of some security forces battalions which are directly accused of human rights violations and killing, sources said.

Print Friendly, PDF & Email

Latest comments

  • 5
    7

    Will this reiteration by the NPC make a difference to what is about to unfold?

    Dr.RN

    • 10
      3

      Whether it is going to make a difference or not to what is about to unfold, there is nothing wrong in highlighting the true nature of justice and law & order system in Srilanka.

      • 11
        3

        Dr.Rajasingham,

        Whatever unfolds let it unfold, people don’t have to dance to the piper’s tunes, but principles remain and truth and justice for the victims can only be obtained though international judges:

        Sri Lankan judges never have, and never will be able to dish out justice so long as they are under the Sinhala racist state and on the pay roll of the racist regimes still in existence.

        Wigneshwarn knows it well because he was part of the system too!

        Don’t forget that Tamil detainees are still tortured and sexually abused by the state agencies under the so-called regime for good governance.

        Opportunist politicians do not know that truth and justice matters, but it does matter to us.

        Do you know that Socrates gave his life for the truth despite all his friends urging him to lie?

        • 5
          0

          When the Chief Minister stated that no SL judge will accuse the Military, what
          he did not say is that any sitting judge will be threatened by the accused
          Officials through various links – as is common here. Probably knowing this,
          Mangala insists on domestic inquiry! Matter over.

        • 7
          7

          Thiru,

          The same attitude led us where we are.

          Emotions have no place in politics. We cannot afford mistakes in judgement and reactions again. Let us learn to deal with cold hard facts and get something out them. The ‘all or none phenomenon’ works in biology- in how the muscles work- but not in politics.

          The advent of the 13th amendment with active Indian involvement, Chandrika’s constitutional proposals and the internationallly supervised ceasefire agreement, were opportunities we let slip, stupidly and deliberately.

          The advent of the first NPC and the election of CVW as CM were opportunities we have missed. CVW has to explain his failures to the ‘Dear Tamils’ he addressed recently.

          Why should he have launched his career as CM, finding fault and losing potential friends, however dificult the path was? Why did he pass ‘False bravado’ type resolutions in the NPC, knowing what the consequences would be? Why did he fall out with Ranil Wickremasinghe, forcing RW in a very rare reaction to call him a lier?

          Why has he not explained why he has not pursued the establishment of the CM’s fund the President agreed?

          Why has he not explained the reasons for the well pollution problem in Chunnakam being yet not resolved?

          Why did he claim that the armed forces were directly introducing the drug culture to Jaffna? Why did not explain and elaborate on this thereafter?

          Finally, why is he trying to lead the false prophets in our midst? He is no Aristotle!

          Why has he become a contentious figure within his own party(read dbsjeyaraj.com for further details)?

          The main reason he was elected was to nake the NPC work and establish trust and rapport with the government at the centre and its representative, the Governor. The TNA manifesto did not make much difference to the votes he received, despite what he now claims. It was a vote for him as a person to provide high quality, pragmatic and judicious leadership at the level of the NPC and its objectives!

          He should be working with the TNA leadership to get the best out of the domestic inquiry that is about to be recommended by the UNHRC, because there is likely to be close international supervision and involvement.

          The protest march from Kilinochchi to Nallur led by Sivajilingam and Ananthi was an utter failure, as at a maximum 20 people participated along the way. However, the CM found it fit to meet it at Kaithady!

          Further, the on-going signature campaign led by Gajan Ponnambalam and Kajendran is a farce. I saw many school children in uniform signing it. Would this make a difference to the outcome at the UNHCR? Would it make a difference?

          (Gajan Ponnambalam did something worthwhile yesterday explaining what transpired in the White Flag incident and his role in the surrender arrangements on the Sakthi TV, Minnal program. I hope he submitted his evidence to the UNHRC in writing.)

          What are being orchestrated are not anymore than a farce like the Pongu Thamil celebrations, military training of the elderly and school children and Weerawanse’s fast unto death!

          Let us demand that our politicians at various levels address the specific and manifild problems confronting the people at the local level and let the TNA leadership handle the other issues at the national and international stage.

          Dr.RN

          • 6
            1

            “The advent of the 13th amendment with active Indian involvement, Chandrika’s constitutional proposals and the internationallly supervised ceasefire agreement, were opportunities we let slip, stupidly and deliberately.”

            Before the armed struggle,they agreed in principle to devolution in 1956 and 1965 but they retreated back because Tamils were in a weaker position to demand.13th amendment (1987), Chandrika’s proposals (1994) and Oslo agreement (2002) are not voluntary. They agreed because they were in a weaker position. Even though the Tamils lost in the war, Tamils are in a relatively strong position compared to Srilanka interms of war crimes and genocide.

            This is an opportunity to balance the equation.We should understand the January change is again not a voluntary product. International support is necessary to put the pressure if someone try to make imbalance in this equation. We should not be afraid to tell the truth but be flexible in balancing the equation.

          • 1
            0

            Dr RN,

            “Why has he not explained the reasons for the well pollution problem in Chunnakam being yet not resolved?”

            My understanding is that since the provincial environmental minister has decided that there is no problem in Chunnakam wells there is nothing to be resolved by the NPC. This must be the reason Jaffna doctors have been instructed not to develop cheap filters as Agnos wrote.

            To continue a little bit about water in our country.

            The Kelani river has now been declared safe by the CEA and NWSB. I find it incredible that there are absolutely no heavy metals and arsenic in the water of Kelani. Where was the water tested and where can the results be seen? Cannot the CEA and NWSB declare Chunnakam water safe to drink and clearly show what their decision is based on?

            “The quality of water was tested by the CEA and the National Water Supply Board using samples of water taken from the Kelani River on the day the contamination was reported by consumers. The tests had found that there was no arsenic or heavy metal in the water,” CEA Deputy Director-General Dr. Sanjaya Ratnayake said.”

            http://www.dailymirror.lk/87465/rinking-water-free-of-arsenic

            At the same time there is a court order forcing the CEA to report on the drinking water sources in the Rathypaswala area. The confusion caused by possibly contaminated drinking water in that area continues. Can we not ask a court in Jaffna to do the same in Chunnakam?

            “The Court of Appeal ordered the Central Environmental Authority(CEA) to submit a report of the water quality of drinking water sources in the Rathupaswala area. There were serious allegations that drinking water sources in the area had been polluted due to a factory owned by a leading business conglomerate.”

            http://dailynews.lk/?q=local/court-appeal-orders-cea-submit-report-rathupaswala-water-quality

            Last but not least an interesting article comparing rain water harvesting, reverse osmosis and pipe borne water as a solution for having safe drinking water.

            “All that is required is a storage structure to collect and store rainwater running off the roofs of houses during the rainy season.”

            The poorest will not have a roof big enough to collect water and cannot afford to build the 5000 l storage facility.

            “Pipe borne water supply is only feasible where good quality water from a perennial water source is easily accessible.”

            This is the problem in Jaffna where pretty much all the water is too salty. I recently tested the drinking water that Karainagar PS supplies in a tank for the visitors of Casuarana Beach. TDS was 580 and that is a good result in Jaffna. However this water would never be accepted in Canada, USA etc where better water is available. I have no idea of the nitrates, heavy metals, bacteria etc in the Casuarana Beach drinking water. Where does the Karainagar PS take the water from? Has it ever been tested in a competent laboratory? Similar water (TDS about 600) is provided by some of the local water systems (tank and pipes) in Jaffna.

            http://dailynews.lk/?q=features/clean-drinking-water-luxury

        • 1
          3

          By looking at your expression and comments in the past , we can who is the racist and who is not. Racist never accepts that they are racists. But it shows by their act. “Hatred never ceased by hatred. It only ceased by love.” If you want to continue your hate, you have to reap the same.

          • 1
            3

            I wrote this reply to Thiru.Not Dr. RN

    • 7
      1

      Does your writing on CT including your full length articles (published earlier) make a difference?

      Did your post haste rush to praise the previous regime after the war concluded make a difference to the people ? Maybe it did to you personally but it certainly did not as far as I could see.

      This NPC resolution will probably not either but let them carry on….

    • 3
      2

      Perhpas you have some insider knowledge.
      Please let us know what is going to unfold form your insider knowledge, except the obvious that every one knows

    • 5
      3

      Rajasingham,

      You are obviously against the international probe.

      Now, let me ask you — Are you in favour of an internal probe?

      If yes, what exactly do you expect an internal investigation to achieve, except perhaps providing the State and its co-conspirators another opportunity to white-wash? What exactly gives you the confidence that the State will have the incentive to do a credible investigation?

      • 1
        0

        Kumar R,

        “What exactly gives you the confidence that the State will have the incentive to do a credible investigation?”

        Maybe pressure from the International Community?

        I personally don’t believe that any kind of an inquiry will mean that the war criminals, especially the big fish, will be punished.

      • 1
        0

        Kumar R.

        You are me and I am you.

        We both are barking dogs.

        We bark for the sake of barking. We bark even when there is little irritation in our backside. We bark at the moon but not the sun because sun will hurt our eyes.

        You and me must veneer to accept the forgone outcome of the UNHRC of an internal investigation without barking tirelessly demanding an external investigation which will not happen.

        Once again you are me and I am you.

  • 9
    2

    A Domestic Mechanism will be like a visit to the Toilet.

    First a Sitting.
    Then a loud Report.
    Finally the matter will be dropped.
    The Northern P.C knows this.Hence their Principled stand irrespective of what folds and unfolds!

    • 2
      1

      nah
      First a sitting
      then a watered down report delivered with loud noise
      Finally the matter will be dropped and the issue flushed down the toiliet

  • 3
    3

    Justice Wigneswaran should know better how the international system works.

    The fact that there were war crimes during the last stage of the war in the April-May 2009 is undeniable. These crimes have been documented and there are witnesses.

    UNHRC report to be released on Wednesday may provide further recorded evidence of the crimes committed both by the SL Armed Forces and the LTTE.

    When Justice Wigneswaran and other Tamil leaders speak about international inquiry, I believe they are all referring to a judicial process to prosecute those responsible for the war crimes. That process should naturally include prosecutorial investigations and the filing of charges in a tribunal that has jurisdiction to try those accused of committing these war crimes.

    Justice Wigneswaran should know that the only tribunal that has jurisdiction over war crimes, genocide and crimes against humanity is the International Criminal Court (ICC) at the Haque. He should know that Rome Statute spells out when and how jurisdiction would be conferred on the ICC. As a former judge he should also know that if a state has not become a party to the Rome statute which established the ICC there is hardly any chance to take war crimes committed in that state before the ICC. In relation to a non-party state like Sri Lanka, only the UN Security Council acting under Chapter VII of the UN Charter can confer jurisdiction by referring the matter to the ICC Prosecutor. He should also know that it would be impossible to get such a resolution passed at the UN Security Council given the fact that Sri Lanka’s friends China and Russia enjoy veto powers at the Security Council.

    Thus, unless Sri Lanka voluntarily agrees to confer an ad hoc jurisdiction on the ICC over any specific war crimes, there cannot be any international judicial process to try war crimes committed in Sri Lanka.

    Justice Wigneswaran should know that even in the case of those states that have acceded to the Rome Statute, ICC can only try war crimes only if the state concerned is unable or unwilling to prosecute.

    SL Foreign Minister has announced at the Geneva UNHRC session that Sri Lanka is going to take action through an internal judicial mechanism. By this tactical declaration,Sri Lankan Foreign Minister has shot down the call for international inquiry.

    In any case, a resolution passed by the Geneva UNHRC will have no binding authority. UNHRC is not the UN Security Council to get the ball rolling for an ICC trial.

    Now that the SL Foreign Mininister has made a commitment for an internal judicial inquiry, the best the Tamils could achieve at the UNHRC is to get Sri Lanka agree to the participation of foreign judges and foreign prosecutors in the proposed internal judicial mechanism.

    It is high time that Justice Wigneswaran and the Tamil Diaspora stop this unachievable demand for international judicial mechanism to try war crimes committed in Sri Lanka. They should think of practical and achievable alternatives.

    • 4
      4

      Naga,

      Thanks for the clear explanation of the facts in terms of the international law. International politics also shapes to a large extent how imternational law is applied. CVW should know this better than most of us.

      International law and politics combined operate worse than the Sri Lankan judicial and political systems work in concert to subvert justice. Once again, CVW should understand this better than most of us.

      What is unfolding is probably the best we could have expected and we have to work to reap the optimum justice for those who survived the hell.

      Dr.RN

      Dr.RN

      • 1
        0

        RN “we have to work to reap the optimum justice for those who survived the hell. “

        you really dissapoint me. So you are only concerned about the justice for those who survived the hell?

        The survivors as well as the perished and the kith and kin of the perished need justice.

    • 0
      0

      Naga,

      “It is high time that Justice Wigneswaran and the Tamil Diaspora stop this unachievable demand for international judicial mechanism to try war crimes committed in Sri Lanka. They should think of practical and achievable alternatives.”

      Thank you for your excellent comment that explains the situation. Unfortunately most Tamils and Sri Lankas will not read it. Maybe you should try to publish it in Tamil in Jaffna newspapers?

      Why is there a lot of noise from Wigneswaran and others?

      Is it because they lost the elections and now need publicity?

      Just to mislead Tamils with noise that will not achieve anything?

      To create anger instead of reconciliation?

      To cover up the fact that the NPC has not managed to use the funds and very limited power it has?

      “the best the Tamils could achieve at the UNHRC is to get Sri Lanka agree to the participation of foreign judges and foreign prosecutors in the proposed internal judicial mechanism.”

      I believe that this is the goal of Sumanthiran.

    • 4
      2

      Naga

      “It is high time that Justice Wigneswaran and the Tamil Diaspora stop this unachievable demand for international judicial mechanism to try war crimes committed in Sri Lanka.”

      CVW has recorded what had happened to the innocent people of the North. Remember that NPC is a democratically elected body and resolutions have been passed by majority of Councillors. Therefore those resolution have some value.

      CVW may or may not justice done to victims, however the future generation can go back to his historical document learn many things. It would be a educational document to people who are not yet born.

      In fact other eight Councils must follow his example and start the process of recording all human rights violations including all war crimes committed on innocent people from 5th April 1971 and pass resolution, that should confirm the madness of the state and the non state actors.

      These resolution may not be useful to you but these are important documents for future generation to learn and practice what is good and what is bad.

      In a way these documents recognise there had been acts of war crimes.

      As you know justice often does not come from outside the country. Even CVW knows it.

      • 0
        0

        One deterrent that can be put in place in Sri Lanka is for Sri Lanka to accede to the Rome Statute, ratify it and enact necessary legislation.

        International humanitarian law with emphasis on war crimes should be made a compulsory component of any induction training for members of all the Sri Lankan Armed Forces.

        That is one sure way of avoiding the type of killings and murders that happened in 1971, 1989 JVP insurrection times and later during the Eelam War and punishing those who may be involved in these crimes.

      • 0
        0

        Native Vedda,

        “Remember that NPC is a democratically elected body and resolutions have been passed by majority of Councillors.”

        I believe that the Genocide and International Inquiry resolutions had the backing of all the Councillors not only the majority. This is important because even the EPDP, Muslims and others have supported the CM.

    • 0
      0

      “The advent of the 13th amendment with active Indian involvement, Chandrika’s constitutional proposals and the internationally supervised ceasefire agreement, were opportunities we let slip, stupidly and deliberately.” Well! Dougee is there to recognize the opportunities and use it without losing it. UNP-SLFP-UNP-SLFP-UNP-SLFP…. Tell me time he missed the opportunities. Man knows to become a minister with winning an election with 4 votes. His colleague Angayan doesn’t need even that to win an election.

      Yesterday Dougee has given a speech that the long outstanding Tamils problem has to be settled. He will not let it go without resolving. He knows to use opportunities. Why do you need TNA? Only to Blame? After all Dougee has said as it has been long outstanding, so he is going to solve it. You remember, just before the NPC election Old Royal Government had PSC to dissolve under Nimal Siripala de silva and Dougee was the one represented Tamils? Obstinate India destroyed it, other Mr.Dougee might have repealed the 13A with Nimal Siripala de silva and solved the Tamils problems for once for all.

    • 0
      0

      “Justice Wigneswaran should know that the only tribunal that has jurisdiction over war crimes, genocide and crimes against humanity is the International Criminal Court (ICC) at the Haque. He should know that Rome Statute spells out when and how jurisdiction would be conferred on the ICC. As a former judge he should also know that if a state has not become a party to the Rome statute which established the ICC there is hardly any chance to take war crimes committed in that state before the ICC. In relation to a non-party state like Sri Lanka, only the UN Security Council acting under Chapter VII of the UN Charter can confer jurisdiction by referring the matter to the ICC Prosecutor. He should also know that it would be impossible to get such a resolution passed at the UN Security Council given the fact that Sri Lanka’s friends China and Russia enjoy veto powers at the Security Council.”

      Too bad you did not know there are provision ICC prosecutor who had come to know the War Crime/Genocide can start his own investigation. Permanent members of the SC just do not use veto just like that. The five always first discuss the matter and then veto. Vetoes almost always predetermined through their negotiation process. They know the tit for tat by other member and they corporate with each other. SC voting is not not UNHRC voting. If the recommendation goes to SC and at least one member county pickup that, they know to have it passed too. Their it is quite independent. ICC always can give non binding verdicts too. Once given, that is a permanent record and can be used where there is a space.

      Further, the already conducted inquiry is an International process. If it has an adverse effect on Lankawe, International Governments will recognise it responds to that. Royal family will face the consequences of that. As matter of fact, America has already started to investigate the Old Royals properties. The smuggled 10 Billion dollars will be also in jeopardy.

      Lankawe news media has recently started to repeatedly publish photos of Old Royals enjoying and relaxing at the beaches. This is also to create the same effect of Naga is attempting to create with his/her/their comment. But the people are no longer Modays. Minister are on the full swing to save the Royals. That revels to the public that Old Royals safety in jeopardy.

  • 5
    0

    The Foreign Minister refers to a new constitution.
    If this process commences, it could stall the investigation of war crimes for a long period.

    The Lankan state will never accede to the Rome statue and accept the jurisdiction of the International Court of Justice.

    If Sri Lanka is sincere about the investigation of war crimes, at the very least it should accept international human rights observers, and UN human rights experts, as observers of the proposed judicial process.
    Unless at least this is done, there could be no credibility.

  • 5
    1

    It is a very strategic move by the NPC. If there had been really no war crimes committed by the Sri Lankan State under the Rajapaksas against the innocent Tamil civilians, then the establishment need have no worry or apprehension about being accused of war crimes let alone crimes against humanity. It is essential to have an inquiry of such an independent nature in order to establish the truth in the ntional interest. On the other hand an inquiry of this nature will also expose the crimes against the innocent Sinhalese people. The fact that Tamil war criminals like Karuna, KP and Chandrakanthan patronised by the former Rajapaksa regime are opposed to an international probe is in itself ample justification for such investigation to be fair to both sides. Bensen

  • 2
    5

    majority of the commentators here are emotional writers. They are not looking at ground reality and living in a fantasy world. But is same with CVW or CM of Northern province. come back to the real world like PM Modi. He has deeper understanding about the problem. We all know there are differences and there were injustice. So , we have to find the solutions within us. No one can give you solutions except us. Don’t expect any international support to resolve things. Rudra Kumaran can shout until his entire life time in US. Nothing can or will happen until we all find our on our own way out. If Wigneswaran really want to find solutions, he can talk with all those in the responsible positions today without any hesitation. But he is not doing job properly for the people vote for him. I think he has something to hide. That s why he is running around and blaming everyone. Because he is brother in Law od f Vasudewa Nanyakkara. Vasudewa is a Sinhala racist while Wigneswaran is a Tamil recist.

    • 2
      1

      Sapumal

      “Vasudewa is a Sinhala racist while Wigneswaran is a Tamil recist.”

      Tell us when exactly did CVW become a Tamil racist?

      • 0
        0

        Native Vedda,

        “Tell us when exactly did CVW become a Tamil racist?”

        Does Tamil Hindu Chauvinist sound better for the sole defender of Tamils?

  • 0
    0

    Justice will neither come from withing Sri Lanka or from outside Sri Lanka.

    The murdered tortured and raped are at the end just numbers only. The perpetrators are living mostly quite well.

    The UN paper has not singled out any person as being responsible for the horrors. It has named battalions that are responsible for most of the crimes. I have never heard of an entire battalion being tried for war crimes. So this should be an indication of what justice will follow.

    Sorry Mr Wigneswaran, besides your futile and forlorn appeal for justice, I assure you that only sadness and bewilderment will remain.

  • 0
    0

    Malliyuran

    Making reference to my comments you mentioned:

    “Too bad you did not know there are provision ICC prosecutor who had come to know the War Crime/Genocide can start his own investigation.”

    You are wrong.

    ICC Prosecutor can use his own initiative only in relation to states that have acceded to the Rome Statute that established the International Criminal Court.

    ICC Prosecutor has himself explained this in a media statement made on 2 September 2014 when he was criticized for not using his initiative in relation to alleged war crimes in Gaza in Palestine. Here is what he said:

    “As Prosecutor, I can only investigate and prosecute crimes committed on the territory or by the nationals of states that have joined the ICC Statute or which have otherwise accepted the jurisdiction of the ICC through an ad hoc declaration to that effect pursuant to article 12-3 of the Statute.This means that, at the present time, the alleged crimes committed in Palestine are beyond the legal reach of the ICC, despite the arguments of some legal scholars that fundamental jurisdictional rules can be made subject to a liberal and selective interpretation of the Rome Statute. As such, they appear to advocate that as the object and purpose of the ICC is to end impunity for mass crimes, the Court ought to intervene, even where clear jurisdictional parameters have not been met. This is neither good law nor makes for responsible judicial action.”

    Similarly, the crimes committed in Sri Lanka are beyond the legal reach of the ICC Prosecutor unless the UN Security Council acting under Chapter VII of the UN Charter passes a resolution to refer the war crimes committed in Sri Lanka to the ICC Prosecutor’s investigation.

    Your statement “ICC always can give non binding verdicts too” shows how ignorat you are. ICC is a court and its verdicts are always binding though it lacks a mechanism of its own to enforce its verdicts due to the nature of the international judicial system.

    As for the rest of your comments about SC etc., I have nothing more to say because as a Colombo Telegraph reader I accept that you are entitled to your comments though they may not be rational or logical.

Leave A Comment

Comments should not exceed 200 words. Embedding external links and writing in capital letters are discouraged. Commenting is automatically disabled after 7 days and approval may take up to 24 hours. Please read our Comments Policy for further details. Your email address will not be published.