19 April, 2024

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Post-CHOGM Call For Accountability Needs To Be More Balanced

By Jehan Perera – 

Jehan Perera

Jehan Perera

Within Sri Lanka, the government has reason to be satisfied with the outcome of CHOGM.  President Mahinda Rajapaksa obtained the Chairmanship of the Commonwealth which is being used politically within the country to bolster the President’s image.  However, internationally, the die has been cast and the controversy surrounding the end phase of Sri Lanka’s war are going to get worse.  British Prime Minister David Cameron’s assertion that he would push for an international investigation into the last phase of Sri Lanka’s war means there will be no going back on the issues of accountability.

Now that CHOGM is over, the payback time has come.  With the British Prime Minister putting his credibility on the line, and that of his country, it can be expected that he will do his utmost to obtain the support of other like-minded countries including the most powerful in the world with whom the British have a special relationship.

During his visit to Sri Lanka the British Prime Minister repeatedly declared that its government must investigate the issue of human rights violations in the last phase of the war before the next session of the UN Human Rights Council in March 2014.   He said that if an investigation was not completed by March, he would use the UK’s “position on the UN Human Rights Council to work with the UN Human Rights Commission and call for a full, credible and independent international inquiry”.  Having made his announcement in Sri Lanka and set a deadline, the British Prime Minister will now be under further pressure to ensure that he carries out his promise that he would push for an international probe if the Sri Lankan government did not do so on its own.   The government has to consider this as the price it has to pay for its own determination to host CHOGM and to obtain the highest level of participation from the Mother Country of the Commonwealth.

The inclination of the Sri Lankan government would be to defy international pressure in view of the public support it is receiving within the country.  Prime Minister Cameron has come under severe criticism within Sri Lanka for issuing this ultimatum to the government.  Indeed, the main opposition party, the UNP, which boycotted CHOGM on the grounds of the government’s anti-democratic conduct in the run-up to the summit, and the attempted physical assault on its leader by government allies, has nevertheless publicly declared its own opposition to an international investigation.  It said that human rights violations, or any connected issues, should be resolved within the country.  It also blamed the government for having created the background for an international investigation “by turning CHOGM into an international human rights conference.” The UNP’s position is reflective of the sentiments of the majority of the Sinhalese people who have rallied to the side of the government on account of Prime Minister Cameron’s threats.

Double Standards  

So far the Sri Lankan government’s response has been to counter the international calls for accountability with various counter arguments.  They begin with the bland denial that the human rights violations and atrocities that are alleged to have occurred, never occurred at all. The terribly graphic video presentations of Channel 4 are denounced as being fakes and pro-LTTE propaganda.   The counter arguments end with the denunciation of double standards, in which the failings of those who accuse Sri Lanka are eloquently pointed out.  The drone attacks that routinely kill civilians in the international war against terror and the suppression of the Chilcott Commission report on the antecedents of the Iraq war by the British government erode the moral stature of those who call for punitive justice against the Sri Lankan leaders who won their own war against terror.

This is another reason for the rallying round of people within Sri Lanka on the issue of what happened during the last phase of the war. They see only one side being targeted for punishment.  But those who committed serious human rights violations and war crimes, and who gave moral and material support to enable these crimes to take place, cannot be restricted to the last phase of the war only.  The Sri Lankan war was characterized as a “no-mercy” war well before its last phase.  Prisoners were seldom taken.  There was at least one occasion in which the fall of an army base led to the death of nearly a thousand soldiers, many of whom had single bullet shots to the head. In another incident 600 policemen who surrendered to the LTTE were nexecuted.

There was also the mass expulsion of nearly 100,000 of Muslim people from the North by the LTTE.   Any serious investigation into human rights violations and war crimes would need to include that earlier period if is to be seen as even-handed.  The investigation of war crimes and human rights violations cannot be restricted only with respect to the last phase of the war or the government only.  Those who live in Sri Lanka, and who have followed the war and its atrocities, would know that war crimes and human rights violations occurred right throughout the three decade long war. Atrocities took place under previous governments, most notoriously the anti Tamil pogrom of 1983.  There were also allegations of foreign connivance in some of the atrocities that took place.

 Most Worthwhile 

Given the determination of the British Prime Minister, his assertion that the problem would not go away, and the recurring nature of the international challenge, the problem of accountability is not going to go away on its own accord. The absence of balance lies in the insistence on an investigation only into the last phase of the thirty year war.  The narrow focus on the last phase of the war is seen by many in Sri Lanka, and not only its government, as a partisan intervention to punish it for defeating the LTTE.  At best it seems to be a call for punitive justice for its own sake, rather than for reconciliation.  This is a perception that has the potential to generate vast sympathy for the government from across the political spectrum.  The South African model of a Truth and Reconciliation Commission would be an option that the Sri Lankan government might wish to take and propose to the international community as an alternative to the investigation sought by the British Prime Minister.

Taking the bigger picture into account, and looking at what happened over the longer period, an investigation with a mandate that is longer than the last phase of the war would be necessary.  Indeed, Prime Minister Cameron may also have left a way out for Sri Lanka.  This was by this assertion that an international investigation would only follow if the Sri Lankan government did not conduct its own independent investigation by March 2014.  An option for the Sri Lankan government to consider would be the offer from South Africa to assist in the establishment of a Truth and Reconciliation Commission but with a mandate to look into the entire phase of violent conflict and with the power to grant amnesty.  President Jacob Zuma of South Africa offered his country’s experience in tackling the difficult issues of post-conflict accountability to assist Sri Lanka after receiving a request for such assistance.  However, they have maintained the position that their experience cannot be replicated in any country but that it could be looked at as a best practice and on that understanding are ready to share.

The onus is on the Sri Lankan government to move. The different circumstances that obtained in South Africa at the end of the apartheid period and Sri Lanka after the defeat of the LTTE need to be recognized.  In South Africa those who fought against the government prevailed, in Sri Lanka they lost.  There the victims suggested the establishment of a Commission in the true spirit of reconciliation.

Here the idea of a Truth and Reconciliation Commission is seen as an effort to find a way out from accountability issues.   Any investigation of the past, either in the form of an international inquiry or a national Truth and Reconciliation Commission would need to win the acceptance of the different ethnic communities who constitute the Sri Lankan people.  Finding the proper balance and achieving truth, justice and reconciliation in Sri Lanka in these circumstances is not going to be easy at all.  But it will be the most worthwhile endeavour.

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Latest comments

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    This man has shown his subtle bias towards justifying Sinhala extremism since 1948.

    The Tamils and LTTE fought against the genocidal atrocities of the governments since independence and still fighting peacefully.

    The author even forgets that repression and structural genocide of Tamils continue with renewed vengeance. This has sometimes been expressed nakedly by Gothabaya and others.

    With the regime not inclined to reconciliation by continuing with structural genocide, seen recently by world media, it is enough evidence to conduct investigations against genocide, let alone war crimes near the end of the war.

    It appears vast majority of Sinhalese including this one are ganged together to box on: For Tamils, independence has spelt death knell to their nation since several millenniums.

    The best way to reconcile the two major races in the island is by separation so that each minds it own affairs without interference form the other race.

    Tamils were or are intent on genocide of any race: They are a civilized people.

    It’s the genocide of Tamils stupid, that must be investigated not just war crimes alone.

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      Correction:

      Tamils were or are not intent on genocide of any race: They are a civilized people.

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        Where is Dayan Jayatiake gone?

        Has he gone to Geneva to lobby support for his master (after a sumptuous breakfast with him) for the forthcoming meeting in March 2004?

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          I too was wondering where is this DJ. Thanks Thiru for letting us know what he is doing in Geneva.

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            Thanks CT for allowing racists and fascists like Thiru and Anpu to air their putrid views freely. It is a freedom that Sinhalas are not allowed to have on Tamilnet etc.

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          Thiru,
          Dayan is right under your nose.He is supervising how good you are at cleaning shit!But Javi and Native vedda are both doing a better job than you.Of course in time to come you will learn the tricks and be a better shit cleaner.The trick is to do magic with your fingers.The defeated Tamil terrorists the holy shit cleaners!

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            Mad Silva:
            It is very obvious from the way you conduct yourself as to the level of “civilization” you come from! But what can you expect from one of Gota the Goon’s brigade of …-eaters!

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        I agree tamils are in General a civilized race . but not pigs like you .

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      Thiru the defeated Tamil terrorist,
      “The Tamils and LTTE fought against the genocidal atrocities of the governments…..”You fought?Are you completely nuts.Ripping open the belies of poor innocent Sinhala pregnant mothers,murdering hundreds of pilgrims at Srimaha Bodi,murdering hundreds of Muslims praying in mosques etc etc.You call it fighting?Bloody hell,it’s not fighting but cowardice pimping at the highest level.
      “The best way to reconcile the two major races in the island is by separation….”
      You idiotic we don’t want to reconcile with you pimping shit cleaning defeated Tamil terrorists.There’s nothing to reconcile with Kakkusi Karayas.
      “Two major races”.From where did you get that?How come Kakkussi karayas becoming a major race?A bloody dreaming clown.
      Yes we need separation.Very soon we will kick you out to your homeland the shitty Tamil Nadu!Tamil Nadu is the homeland of the Kakkussi Karayas!Of course we will give visas to a few Kakussi karayas like Thiru so that we will not run out of Kakkussi Karayas whose job is to clean our shit!

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      THIRU, LARGELY RIGHT, AND WHERE IN THE BALANCE, VERY UNDERSTANDABLE, OR MAYBE I SHOULD BE GENEROUS AND SAY ‘NEARLY THERE”

      REGARDS JEHAN PERERA, SPOT ON OF COURSE. A PATHETIC APOLOGIST WHO TRIES HARD TO APPEAR OBJECTIVE. A KID CAN SEE THROUGH HIM. I’VE REFERRED TO CHAPS OF HIS ILK IN A RELATED POST ON LASANTHA’S KILLING.

      IN THE WORDS OF AUGUSTINE OF HIPPO “Right is right even if no one is doing it; wrong is wrong even if everyone is doing it.”

      BUT THERE ARE THESE TATTERED SPECIMENS OF MANHOOD [ GUESS THEY WERE ALL “MAMA’S BOYS” WHEN THEY WERE KIDS ?]WHO HAVEN’T THE GUMPTION TO CALL A SPADE A SPADE.

      HOW THE RULERS LOVE THIS FAWNING, CRINGING ATTITUDE.

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        Winston Devalliere:
        You are dead right in your opinion!

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      @ Thiru.’Sinhala extremism since 1948′ MAYBE YOU DONT HAVE A CLUE ABOUT WHEN TAMIL NATIONALIST EXTREMISM STARTED.. IN THE 20’S IT WAS IN THE 20’S 30’S THE TAMIL EXTREMIST STARTED TO ASK FOR A SEPARATE STATE. AND WANTED TO LINK WITH INDIAN TAMIL NADU. FOR 20 YEARS BEFORE INDEPENDENCES YOU WAKE THE DEMONS OF EXTREMISM.. NATURALLY LATER THE SINHALA SIDE WILL ALSO INVOKE THESE DEMONS FOR POLITICS.. LEARN ABOUT TAMIL POLITICAL HISTORY..BEFORE YOU VOMIT YOU IGNORANT LTTE PROPAGANDA HERE.

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      who is this Thiru ? Obviously a professional hired by the LTTE rump to answer all posts with a separatist slant.

      Notice he is almost always the first to post a comment to anything that is published.

      There are a few Thiru’s around running mobile phone companies and the like. Maybe we can find out ?

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    Jehan stop being clown and please read Madam Kishali Pinto Jayawardena’s article on this website where she calls a TRC another procrastinating tactic and tell us why Sri Lanka is NOT South Africa!

    “the way ahead is not through the appointment of a South African style Truth and Reconciliation Commission (TRC) as reported recently. This move speaks to an increasing desperation of the government in finding yet another way to procrastinate and delay, to not deal with the inevitable and let go its authoritarian hold on power.

    The TRC was suited to South Africa in a particular post-apartheid context under the visionary leadership of Nelson Mandela. It was meticulously planned and carefully executed by the country’s leading clergy, judicial figures and public personalities of unimpeachable integrity. Importantly this was accompanied by a gradual crafting of workable democratic structures, an advanced Bill of Rights and a proudly independent South African judiciary. The TRC was not conceived out of the blue as it were and dropped down into the country as an excuse to avoid dealing with the general democratic process of government while everything remained dysfunctional elsewhere. It was peculiar to South Africa. Similar models have not worked elsewhere, even in the African region as we have well seen. Where Sri Lanka is concerned, suggesting a TRC without any conception of what this actually means but as another procrastinating tactic seems so childishly simplistic that it truly beggars belief.

    No practical implementation of LLRC report

    And we hear talk of a TRC even as the report of the Lessons Learnt and Reconciliation Commission (LLRC), which is the Rajapaksa Presidency’s loudly boasted ‘homegrown’ Commission, remains shamefully bypassed in large measure. During CHOGM, glib excuses were advanced by government spokesmen that there had been fifty percent implementation of LLRC recommendations. This is patently untrue. The deterioration of the Rule of Law was a core focus of the LLRC report. We have not seen the government’s adherence to that LLRC focus so far. On the contrary, the ‘soft’ recommendations of the LLRC have been reluctantly implemented while its ‘hardcore’ recommendations that go to the dismantling of this Presidency’s authoritarian and militaristic power structure remains glossed over.

    One classic example is the cosmetic creation of a new Ministry of Law and Order under which the Department of the Police has been placed. However, to all intents and purposes, the militarization of the police continues, the secretary to this so-called new ministry is a former army man and the Secretary to the Ministry of Defence who is the President’s brother, evidently continues to exercise command responsibility in regard to the police.

    The enactment of a Witness and Victim Protection law where the police are apparently given the task of protecting victims even though the police themselves are very often the very source of the threat is another example. Meanwhile, we do not hear even a whisper regarding the enactment of a Right to Information (RTI) law. The government’s fear of an RTI Law being wielded as a formidable weapon to expose its monumental corruption is crystal clear.

    Reversing post-war militarization of the State

    It is ironic that even while diplomats boasted on international news channels during CHOGM that the emergency regime in Sri Lanka has been withdrawn, the Prevention of Terrorism Act (PTA) continues to be in force and is used against dissenters and critics of the government. One recent example was the detention orders issued against Muslim politician Azath Salley including one ridiculous charge that he had been ‘humiliating the government.’ Here as in several other instances, the power of the Presidential pardon was used to take the case out of the consideration of the court and into the province of presidential or monarchical magnanimity.

    Over and above everything else however, Sri Lanka’s judicial and legal processes must be freed from executive control. The judiciary itself must engage in vibrant protection of civil liberties of the Sri Lankan people, similar to what the Sri Lankan Supreme Court was during the mid 1990’s, before the disastrous Silva decade. This country has had entrenched traditions of judicial stubbornness in resisting government abuse even though the constitutional framework did not permit a sweeping exercise of judicial powers as much as, for example, the Indian Supreme Court. Despite past ravages, there are brave and good judges still in this country. They must be allowed to exercise their judicial role without fear of consequences from the political branch and the destructive consequences of the 2012-2013 witch-hunt impeachment of a sitting Chief Justice must be reversed.

    Promise of dire consequences post CHOGM

    Jehan stop being clown and please read Madam Kishali Pinto Jayawardena’s article on this website where she

    Where the criminal justice system is concerned, the office of the Attorney General needs to be restored to at least a modicum of independent functioning. Patchwork indictments in respect of extraordinary human rights violations that should have been properly investigated and prosecuted with perpetrators punished years ago will not suffice.

    But in all probability – and barring an ecstatic miracle – none of these will happen. And the consequences for Sri Lanka, in terms of being outlawed from the community of nations despite our gleaming expressways and rising city skylines, are dire indeed. CHOGM made that perfectly plain, even to the palpable idiots in our midst.

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      Carlo,
      “Madam Kishali Jayawardena”?[Edited out]

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        Max Silva

        ““Madam Kishali Jayawardena”?[Edited out]”

        Yes she is a lawyer.

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          Native Vedda,
          I was referring [Edited out]

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        CT pl correct,
        I never addressed this woman as madam.Unfortunately you edited the rest.Thanks.

      • 0
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        Mad Silva:
        If I was a pervert, like you, I’d ….. you and the horse you rode in on!

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    Mr Prabakaran and his senior commanders are dead. But their paymasters are alive and well.

    In fact very well in their Million Dollar abodes in juicy parts of Europe Britain and Americas.

    Is aiding and abetting a crime, an Offence under the English Law especially supplying money and arms to Terrorists?.

    How about the British and other Western citizens who actively participated in LTTE activities. like the current PM of the TNGTE and the Reverend ?.

    Are these perpetrators going to front up to A Truth Commission in Srilanka?.

    Then there are British Citizens like Mrs Balasingham.

    Is she going to face the music too or has Mr Cameron already granted her amnesty?.

    Most of the deaths at the final stage would have been classified as collateral damage if it was a battle between the Coalition of the Willing and Terrorists.

    But then Terrorists are only the ones who attack White people or their interests.

    What about the compensation?.

    Srilankan Govt can pay damages to the people who were inadvertently killed or injured ,

    But what about the compensation for the thousands of Sinhalese, Muslims and even Tamils killed and maimed by Mr Prabakaran and his Suicide Brigades , Black Tigers, Sea Tigers and Puppy Tigers in all parts of the country?.

    Are the paymaster of the LTTE responsible for compensation for these innocent souls?.

    Zuma model certainly wouldn’t fit the bill as far as our poor inhabitants are concerned.
    .

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      K.A Sumanasekera

      “Mr Prabakaran and his senior commanders are dead. But their paymasters are alive and well.”

      Where is Pottu Amman? Is he sharing a bed with Gota?

      ” In fact very well in their Million Dollar abodes in juicy parts of Europe Britain and Americas.”

      KP is still in his Million Dollar abode in juicy part of Sri Lanka.”

      “Is she going to face the music too or has Mr Cameron already granted her amnesty?.”

      Is KP, Karuna, Pillyan,… going to face the music too or has Mr Gota already granted her amnesty?.

      “Are the paymaster of the LTTE responsible for compensation for these innocent souls?.”

      LTTE paymasters Premadasa is no more, some members of his armed forces still in active services. His other Sinhala/Buddhist paymaster MR is still the president of this island.

      “Is aiding and abetting a crime, an Offence under the English Law especially supplying money and arms to Terrorists?.”

      Aiding and abetting a crime, is still an Offence under the Sri Lankan law if it is strictly applied, especially supplying money and arms to Terrorists. Charge Premadasa, his armed forces, MR for money laundering too, I mean all those deals done by them.

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      K.A. Tsunamisekera:
      Has your allowance been increased, has your verbal diarrhoea got worse or have you been able to rip off more “housing investors?” What you produce has got even more incomprehensible even though many thought that was an impossibility.
      Would like to comment on the content of your postings except that is impossible because there isn’t any.

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    At long last Jehan has realized the ground realities.This “last few days of the war”gimmick will not workout.It’s got to be across the board.Meaning those foreign countries who provided weapons,under water equipment,satellite equipment,the Indians and the Norwegians who provided training for the terrorists will also have to be on the dock.
    Then who is going to take responsibility to the murders committed by the terrorists during the phony ceasefire?Then one would question,why victimize only the Sinhalese.How about the roasting of Rohana wijeweera live?It is not war crimes but barbaric murder.The murder of Kardiragamar?
    Yes,i agree with Mahinda,”people in glasses houses should not throw stones at others”.We never gave in to terrorism.Hence we will never give in to blackmail!Of course they can try.We will respond appropriately.I would love to do a freelance job on my own.Those NGO bastards and bitches(masquerading as HR activists and journalists) who are living in Colombo,screaming “war crimes”will be dealt first.Being complacent thus pushing their luck too far,can have it’s own consequences.If they want it,”welcome to the party”.We will give it as good as we get.Those defeated Tamil terrorists living abroad will not be spared.They have to realize that “it’s not only free for them”,but “free for all”.I would love to break a few sculls of these NGO buggers and bitches(masquerading as HR activists and journalists)who are screaming “war crimes”.Yes,they can complain to David.So what?Catch me if you can!

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      /* Yes,they can complain to David. So what?Catch me if you can! */

      Max Silva, just stop giving weeraya (hero) talks. -:)
      WHat happened to Saddam, Gaddaafi ? They also said catch me if you can.
      What happened to Sudan’s Omar Bashir ?

      MR can put SF into prison, ex-CJ sooner or later into prison.
      Why cannot these super power buggers do same for small countries like Libya, Iraq, Sudan or Sri Lanka.

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        Hello, Sumith,
        We not only talk “Weeraya”.But also act “Weeraya”.How about bumping off your sun god the blood thirsty monster Prabakaran?If you provoke the “Weeraya”,”Weeraya” will not hesitate to bang your stupid thick skull.Bloody whining defeated Tamil terrorist!Go jump in to Nandikadal and save our time!

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    When there was an LLRC now the talk of another TRC is just a way of playing for time. After burying CR de Silva perhaps the idea of burying his LLRC report seems a possibility.

    The dice is cast and MR is crowned with the crown of thorns of justice and accountability. Like it or not, he has to cooperate with other Commonwealth countries and toe the line. He cannot be the dictator of the CHOG. He does not have the power or luxury of hijacking the Commonwealth according to his own wishes.

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    Mr Jehan Perera,
    What about starting the investigation from 1948?
    What happened to LLRC?

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    Jehan ,you are great & on right path.

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    Cameron,

    Let’s start an investigation from 1818.

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      yes . lets .

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        hela & Abhaya Premawardena

        Its too late now.

        Cameron walked in through the front door and walked out through the front door.

        You have had the opportunity to charge him and dragged him all the way to Hague. Where were you when he dropped in for a fist fight?

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          Dear Native,

          Mr Cameron walked in through the front and walked out from the front courtesy of the Srilankan Police.

          Mr Cameron’s Pommy Police couldn’t even smuggle President Rajapaksa through the back door to Oxford, Could he?.

          And the President wasn’t even coming to threaten Mr Cameron about his any possible associations with War Crimes ….

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        Idiot Premawardhana:
        Why don’t you go back to the “Rape of the Sabines” (if a mutt like you even knows what that is) Not to mention the Sinhala kings who used to despatch their enemies children in all kinds of “civilized” ways such as having women pound their children in “wangediyas!”

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    Well. well. well. JP’s approach to peace appears to be changing. It has to be when the Commonwealth pay master speaks with his foot in the mouth. Manmohan Singh of India, will have to be very careful because the anti-British Empire fire kindled by Mahatma Gandhi is still keeping the nationalist Indian homes warm. Prez MR knows that, though they did not attend CHOGM, the Indian PM and the CPI are playing the role of silent underwriter in the high risk insurance cover, which the GOSL has to buy against international pressure.

    British PM DC is now facing two challenges in his struggle for survival. One is the promise to frame charges against GOSL. To satisfy the Tamil voters in UK he has to do that. The other is Chillcott Report. To secure the support of the white Sahibs of UK, he will have to release it. Both are suicidal and his survival at the next election in UK is therefore very much in doubt. The large vote bank of British Citizens of Indian and Pakistani Origin is sure to have been angered by PM DC’s Colonial Master attitude. It is too late for PM DC to fix curtains in his glass house because the majority of white and brown Sahibs in UK has already seen him naked.

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    Jehan has always thread an admirable path. We can clearly see in this forum many Sinhalese finally awaking to their criminality. But not the Tamils.

    How come the entire world including India fully supported the annihilation of their animalisc organization ?

    Time for Tamils to wake up and accept their animalsitic tendencies – only then will there be true reconciliation. No point blaming the Sinhalese all the time because when they had the chance they backed an animal – because he was Tamil. Tie to take some responsibility for the thousands who were killed because this animal was hiding amongst them.

    Not that they should have been, but the crime needs to be shared.

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    Jehan Perera should to whom that he is accountable.

    As far as every body understands that Jahena perera is accountable only to his funding agency and, therefore, he is exploiting everybody, at least trying his best, particularly the Sri Lankan govt.

    Jehan perera should be honest and with integrity before talking about others accountability.

    Other wise, you are just a joker.

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    There will be:

    No accountability
    No transparency
    No rule of law
    No justice for anyone

    So long MR leads the nation, this is the sad reality.

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    Jimy,

    If you did not know Jehan started writing about these issues well before NGOS. He initially worked for Sarvodhya and sports an impeccable record of integrity – so rare in Sri Lanka. He deserved to be honored and respected for his views that are for the good Sri Lankans (Tamils included)

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