By Dayan Jayatilleka –
Dr. Dayan Jayatilleka
I write to refute a statement made with direct reference to me, by Foreign Minister Mangala Samaraweera in the course of his response to former President Rajapaksa in the newspapers of Monday August 1st 2016 under the caption “Enough is Enough”.
I have no intention of replying to Minister Samaraweera’s counter-critique of President Rajapaksa’s critical remarks on the structure of the Office of Missing Persons. However, as a student of comparative international politics I cannot help but note that Minister Samaraweera’s model of the OMP derives from contexts that are very different to that of Sri Lanka and thus has little relevance to us. The OMP derives from mechanisms for investigation into persons missing under military juntas in Latin America or mechanisms set up, also mainly in Latin America, in consequence of negotiated settlements arrived at, usually with external mediation/facilitation, between guerrilla movements and incumbent regimes.
Sri Lanka’s context is drastically different, i.e. that of a democratic state, with democratically elected governments, and whose legitimate armed forces fought a war strictly within its borders, against a terrorist enemy and won an outright victory. In no such context has there been a mechanism structured as the OMP is.
Nowhere in Asia, in the aftermath of war or even transitions from prolonged military regimes, has a mechanism such as the OMP been set up. Quite apart from Asia, even in liberal democratic Spain, an EU and NATO member, there isn’t anything remotely like the OMP to investigate into disappearances during the Civil War.
One cannot help but point out that the morally laudable and ethically necessary quest –from any humanistic and humanitarian perspective–for closure for the families and loved ones of missing persons, has already been carried out by the Maxwell Paranagama Commission. Any lacuna could have addressed by a renewed and modified mandate for that Commission. One fails to grasp the logic of the new structure, the OMP.
That said, may I move on to the point made with direct reference to me by the Hon. Minister. He writes:
“This was also evident when he [President Mahinda Rajapaksa] and UN Secretary-General Ban-Ki Moon agreed to an accountability process in their 2009 Joint Communique, which was later made into a formal commitment to the entire international community via the 2009 Geneva resolution when Dayan Jayatilleka was Sri Lanka’s ambassador in Geneva.”
To use diplomatic language, I shall content myself by saying that the Honorable Minister’s statement is entirely without foundation in fact and fails to either correspond with empirical reality or accord with logic.
A smidgeon of logic alone should make Minister Samaraweera wonder why the resolutions moved by the US in the UNHRC on Sri Lanka in 2012, 2013, 2014 and 2015, made no mention whatsoever to the Resolution of May 2009. Surely, if Minister Samaraweera were right and he is grappling with a legacy of President Rajapaksa’s and my commitments to the international community in May 2009, then the subsequent resolutions, all of which commence with a preamble establishing continuity and locating itself in an institutional context, should have made some reference to the UNHRC resolution of May 2009. The fact that they do not, make amply clear to any logical mind, that there is no continuity with the UNHRC resolution of May 2009.
Foreign Minister Samaraweera and his Prime Minister must stop telling untruths on the public record that President Mahinda Rajapaksa agreed to an accountability mechanism-they sometimes say an international investigation – in his May 23, 2009 Joint Statement with Ban Ki Moon and later in the May 2009 Resolution in favor of Sri Lanka which obtained a near-two thirds majority in the UN Human Right Council.
The “understandings contained therein” (in that Joint Statement) were that the Government would take unspecified measures to address grievances regarding an accountability process with regard to human rights and humanitarian law violations. It merely and blandly stated that the “Government will take measures to address those grievances”. This is hardly a smoking gun! There is no statement to the effect that “the UN S-G and the Government of Sri Lanka agreed” on any accountability approach or measures. There is no evidence of any commitment to an accountability mechanism, domestic, international or hybrid. Indeed it is a semantic model of anodyne diplomatic ambiguity.
Our victory in the vote in May 2009 did not put or retain Sri Lanka on the agenda of the UN HRC. The EU driven Special Session did, but our diplomatic victory removed it from the agenda and there was no further action mandated– not even the need to report back to the Council.
That is why even Callum Macrae of Channel 4 laments as late as November 2014 that “…the Rajapaksa regime pulled off a stunning coup when it gained 29 votes for a resolution congratulating them on their “victory”.
The LLRC and the Disappearances Commission are the measures that the previous Government took, as promised, to address those grievances. That Government’s lapse was in failing to fully implement the LLRC report. That is pretty much all the new government had to do. The return of Sri Lanka to the UN HRC agenda has therefore to be sourced in the actions or inactions – the sins of commission and omission– in the years following the UNHRC success of May 2009, i.e. the post-war years. It has nothing to do with the UNHRC resolution of May 2009.
*Dr. Dayan Jayatilleka was a Vice President of the UN Human Rights Council, elected to represent the Asian Region in 2007-2008.
Dankotuwa Manike / August 1, 2016
Dayan Jayatilleka
You need some serious advice from your 88 years old yawning paternal uncle Neville De Silva who was once Mr Bogollagama’s back room consultant in London to get appointments in the diplomatic service through the back door.
Enough is enough of your humbug and nonsense.
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Raritythoughts / August 1, 2016
A man who has publicly sat with all various kind of abusive men – has no right to even criticise the current situation. It is like taking advice from criminals within criminals
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Samuel Jayaweera / August 2, 2016
[Edited out]
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nightwatchman / August 2, 2016
I have noticed that each of this chap’s contribution receives the most number of responses. After reading a couple of his lengthy monologues in the past I never read them anymore.
I only read the responses. Some snakes, they say, will never die however much you beat them.
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karikalan / August 3, 2016
He is stubborn narcissistic so-called educated idiot.
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Elro Gramberg / August 4, 2016
[Edited out]
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Bunjappu / August 2, 2016
[Edited out]
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Julampitiye Amaraya / August 1, 2016
[Edited out]
Who is going to give lives to Innocents, [ I am not talking about LTTe Killers Lives. not about like Aanathi’s Hubby killers life], but innocent,
who forcedly disappeared, killed, who abducted for ransom and killed. who killed by psychopath maniacs during your bosom friend regime.
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Ajith / August 1, 2016
Dayan,
You are clean balled! No one needs your explanation and advise. Stick with Mahinda dictator (2006-2014) and BBS.
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Ratnam Nadarajah / August 1, 2016
Sir, this may a “diplomatic language” but it far short of the truth. They say truth hurts. Truth is this the truth and no amount of untruth can revert the scales.
Your theory of OMP is laughable to say the least. We are talking of human lives and sufferings. When a person is missing it is worse than death to the living kith and kin and to any humane soul. Not knowing is the worst fear. ” Imaginings are worse than fears” WS. Let us not be partisan and not bring power politics. This is ugly in my humble view
Let us not belittle this rather tragic events of the past and let us build a society worth its salt. Let us rise above the political, race, and ethnic divide. We as a nation and people are known for our hospitality , charity and comradeship.
Why grown up and supposed to be responsible people behave the way they do. Is it their culture or upbringing , I do not know.
But what I do know is that, I have come across men who’s hearts are blacker than their face
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jim softy / August 1, 2016
Rathnam Nadaraja:
LTTE financiers living all over the world have a resoinsibility on missing people. Why don’t you people ask them about LTTE taking civilian hostages and moving with and within the no-fire zones.
Above is applicable only if you are genuine. If not and if you are just another Tamil Who funded LTTE, who priased LTTE salivating for anew country, Then you will continue your eternal victim view point.
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rohan / August 2, 2016
Jim,
I understand they are looking for you after the 12 year old girl was raped at the temple.
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Ratnam Nadarajah / August 4, 2016
Jim
Please do not judge any body before their ends. You are very parochial my friend. You don’t know me and how can you come to such rash conclusion. If you had read my comment and understood same , one hopes that you would not have made the above remarks. Its because my name is Tamil, you very wrongly assumed that I have an axe to grind. No my friend, I do not live my life that way. Please read my articles on human sufferings as a result of conflicts all over the world. I do not write anything to suit anybody, I state the facts as they are, this some times is not palatable to some. You can not please all , all the time.
For your information I have very genuine sympathy for all oppressed and marginalised people any where in the world . I am no sympathiser or fancier of any outfit, softy.
I hail from hill country -Plantation sector and I am genuine and do not go under any under cover names. I have a deep rooted empathy to our plantation workers.
I hope you would be man enough to withdraw your remarks. If you are looking for a prolonged debate I am not the person, Jim softy
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Devasiri / August 2, 2016
It is the LTTE tamil terrorists who took to arms against democrtically elected governments of Sri Lanka.Those who take arms die by the same arms.It is the NGOS, Ranil lead UNP, TNA & Tamil dispora who continued to support this process.If people went missing, then it is those who took to arms & those who suported the same are responsible. Enough is enough digging graves as pointing fingers after starting armed terrorisom does not qualify the same to ask for human rights. Human rights do not apply to terrorists simply because they are by definition are inhumans who have taken arms agsainst unarmed civilians & live by gureliia tactics of inclucating fear in Civilian population just like they have now done at Jaffna Campus.
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anonymous / August 1, 2016
[Edited out]
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sekara / August 1, 2016
“…Minister Samaraweera’s model of the OMP contexts that are very different to that of Sri Lanka and thus has little relevance to us.”
“Nowhere in Asia, in the aftermath of war or even transitions from prolonged military regimes, has a mechanism such as the OMP been set up.”
If the former “contexts being very different to that of Sri Lanka” is justification for not investigating missing of persons, how would the latter too be justification for not investigating missing of persons? Are the latter categories ‘not very different to that of Sri Lanka’?
What is fundamental is not whether Minister Mangala’s proposals are acceptable or not, but whether there is a case or not to inquire about missing persons, most of them civilians.
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DEAL DASA RAJAPAKSA / August 1, 2016
A Phony Political Scientist replying to Foreign Minister Samaraweera’s
counter-critique of Mahinda’s critical remarks.
Dayan i hope you will put aside all these petty political issues and join President Sira to strengthen his hands without rocking the boat or retire gracefully and find peace in Medamulana.
Ranil is a man of Intelligence and at no stage he is gonna hire you as an advisor, so dont have fat hopes.
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karikalan / August 3, 2016
better to keep stinking rotten fish outside rather than inside nonrotten ones.
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Mudson Silva. / August 1, 2016
Dayan shall we tell the UN Zero Casualties!!!
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Ansar / August 1, 2016
I didn’t bother wasting my time reading your crap.
Just to say. Enough is Enough Dayan the D…..
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Spring Koha / August 1, 2016
Once again, enough of the ‘stunning victory’ in Geneva in May 2009, achieved during the honeymoon of the Great Liberator. The simple truth is that was an opportunistic coup de grace taken before the brown stuff hit the fan thereby showing that once again the ‘state’ did not play by the rules.
Hardly a revelation given that the State, Our State, has never done anything conclusive to address the transgressions perpetrated during the events of 1958, 1971, 1977, 1983, 1987-89….the list goes on; so that this latest exercise is just another hogwash.
Rest easy Dr DJ, this is not your record that is under scrutiny.
Since independence, the State has been the largest generator of missing persons.THAT is what we are talking about.
Meanwhile, the grieving will go on, and on, and on.
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AVB / August 1, 2016
One good thing MR did to the country was dumping you. But calling you “NGO Boy” was an insult to NGOs.
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KA Sumanasekera / August 1, 2016
Don’t bother brother, UNP Elite wouldn’t even read your comments, let alone take your opinions on board.
Don’t know why Batalanda’s pretty boy FM is panicking and trying to convict Mahinda for the disappearance of Southern youth too, who were set on Tyre Pyres and burned after torturing by the previous UNP Police under Batalanada and Keselwatta Senior’s rule.
All Mangalana has to do is ask for an extension from the Bedouin Prince until the next Election.
Because UNP heavy hitter and Yahapalana Minister Ajith Perera,swore in front of the Yahapalana suckers that all Politicians who were shouting slogans and walking in the Padha Yatra will be jailed before the next Election.
Then it will be plain sailing for Mangalan, Batalanda Ranil and Bodhi Sira to not only punish the War Winning Soldiers , whom will be nominated by NGO prosecuters, and Suren Suendrans and give Sambandan the Federal Eelaam, without even a hum from the Opposition.
What really worries me is whether Ajith’s Boss will take it even further and jail the new Asgiriya Chief Monk for his comments the other day, about Btalanada Ranil and Mangalana’s ataka nataka.
Because Batalanada is going to appoint a Royal commission to find out who directed the Asgiriya Monk to break away from Malwatta.
Must be real serious stuff.
Will Batalanada find our Cardinal also to be a naughty boy , because he was sitting besides the Asgiriya Monk, when the latter described Batalanada’s Ataka nataka to divide the Nation.
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Sound / August 1, 2016
Hey Sumanasekera,
For goodness sake shut your b….y gap. Write something valuable. Just because you are MARA’s stooge don’t think you can write anything and everything.
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Gramberg / August 2, 2016
SOUND,
This fellow is a Stooge of a most disgusting order, if I may add. If he is living overseas, he has gained nothing from the experience.
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Lankan / August 1, 2016
Sumanasekara,
Wrongdoers should be punished, according
to the law of the land. Don’t fret over it so much..
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Sanchay / August 1, 2016
Dear Sumana, would you please Stick to the matter being discussed and not stray away? It is not very decent to name the people allwaysto with some insulting nicknames or adjectives. How would you feel if the people generally adress you with “kasmalam modaya”? If you have to tell your opinion, of course do it in a decent manner and not resort to insult. Is this all what you can show to your proud “South srilankan Buddhist upbringing” with time passing, we assume you have actually nothing to bring forward, but throwing bashing at everyone who are not your favorite. Even in battels they do not stab from the behind, but it seems you can’t do the otherway. I doubt if you have enjoyed a decent and happy childhood.
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Gramberg / August 2, 2016
SOUND,
This fellow is a Stooge of a most disgusting order, if I may add. If he is living overseas, he has gained nothing from the experience.
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Lroy Gramberg / August 2, 2016
[Edited out]
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max / August 1, 2016
KAS, in fact you deserve a garland. With all the bricks throwing at you from the LTTE rump and the UNP ‘mada balakaya’ alas the propaganda band wagon which worship the theory of Gobbels of Hitler, you still keep speak the truth. Way to go. Cheers!
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Lankan / August 1, 2016
Max
Don’t forget the unbiased, anti-LTTE and apolitical
group, who also find Sumanasekara a bit pathetic.
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KA Sumanasekera / August 2, 2016
Which one is that mate?.
Vellala, Wahabi, Diaspora, Rudra Faction ,Colombo Elite, Anglican, JVP or Dr Bahu?..
Sorry also NPC, FF, Poodle Club, BASL US UK Consular Cocktail Circuit or anyone else who runs such a thing ??.
Please don’t get nasty. I am also looking for one..
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Sanchay / August 2, 2016
Sumana, i think he means the assocites KP, Karuna, Daya master and other ltte Killers who bought themselves free by lavishly rewarding the MR Clan with the ltte Gold. Not evry Mr critique mußt belong to the vellala, wahabi, or Diaspora, Colombo elite, anglican fraction. Likewise not every bootlicer of MR like you, Max or Jim Softy mußt be a drug Dealer, rapist, white van Killer or criminal you get me?
The world is a lot full of people, who are decent and righteous and stay to the values and not suffering under poor self esteem.
I think you feel yourself great, whenever you get the Chance to lambast the others. Of course this also a way to survive every single day, where you have to face the real world, where you are a nobody.
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Justice & Fairplay / August 2, 2016
Hey Sumanasekera,
“Please don’t get nasty. …..”
Isnt it you who has been exactly that, all these years?
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Sam Fernando / August 2, 2016
So did you finally change your fodder brand ?
Please dont insult lanken cattle – you the ilk will learn it soon. Good luck
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DOUGLAS / August 1, 2016
Douglas
To Dankotuwe Manike
I say you seem to have had an excess of that Dankotuwe illicit brew.
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Thamilan / August 1, 2016
I don’t know why you still write under your name.
No sooner I see your name , I don’t bother reading your articles??
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Jamis Appuhamy / August 1, 2016
JAMIS APPUHAMY
There are no menikes in Dankotuwa, only drunken women hired as mourners for funerals. You sound like one of them. Don’t insult our upcountry menikes you kuliyata kahina kella.Or is it a man who doesnt have the b…s
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jim softy / August 1, 2016
there are many Tamils here who don’t like to write as Tamils. It should be to brain wash Sinhala people.
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Sanchay / August 2, 2016
Is Jim softy a singhala? Burgger? Tamil? Moor? Marsian? or an Android? I don’t know why but he is programmed to suspect every critique of MR or the former government as a Tamil. Please come out with your original dude. By the way you can clearly identify me, I am Tamil.
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Rohan / August 2, 2016
/there are many Tamils here who don’t like to write as Tamils. It should be to brain wash Sinhala people./
But they don’t have to worry about you, because you don’t have anything to wash!
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jen / August 1, 2016
D J
Karma will come for you too for the crimes that you have committed in harbouring criminals who were your masters.
The irony is you still bum suck them hoping to get your job back but they will all be in jail soon and you will join them there and have your chats with them.
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Peter Pan / August 1, 2016
This fellow is totally disgusting when it comes to foreign affairs that really affect the real people living in Sri Lanka. He is speaking about how our country must design foreign policy to fit into RAJAPAKSA agenda. [Edited out] However, this man ruined our image overseas by promoting corrupt MAHINDA CHINTANAYA.
That above does not mean we have corrected the situation under Yahapalanaya. We have appointed a foreign minister incompetent and always dazed under the influence of alcohol with a brain of an insignificant chameleon. As he is dazed all the time, he does not know what he is talking about; either he contradicts himself or his bosses. He thinks we were born yesterday; this is the only man totally responsible for making Mahinda Rajapaksa the President of Sri Lanka in 2005. [Edited out]
So my dear readers, what are we left with DEBT, UNBEARABLE ECONOMIC BURDEN, UNCERTIAN FUTURE FOR CHILDREN, FRAGILE ETHNIC HARMONY and a BNKRUPT NATION. For these buggers; Dayan, BOGOLLAGAMA, GL, AMUNUGAMA, Mangala , Ranil or MR we are expendable to ensure a ultra cushy life for themselves.
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Gos / August 1, 2016
[Edited out]
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Park / August 1, 2016
This [Edited out]Is he saying Rajapakse government was not a military junta? Has he forgotten that he himself has written in the past that the government was run by Gotha using the military and even ex President Mahinda Rajapakse now a “summa” MP was also scared of Gotha?
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Sylvia Haik / August 1, 2016
I felt elated when Dayan Jayatilleke began with “I have no intention of replying to Minister Samaraweera…” but soon dashed with your usual rubbish. It is true that you can’t teach an old dog new tricks. It’s a waste of time reading them but for the records I have begun to measure them.[Edited out]
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Armando Perera / August 1, 2016
This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2/
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jim softy / August 1, 2016
As I read, during the Mahinda Rajapakse times, Mangala Samaraweera met LTTE rump in singapore and they came to an agreement. So, Mangala Samraweera is paying back it. CBK is also want to give some recogniztion among Tamils to her children living in the UK. So, All these happenings are to support the LTTE rump.
I think Mangala Samaraweera is also playing a game by writing these articles to make LTTE rump happy.
So, the Tamils including those write as sinhized Tamils are pi$$ed off here.
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DEMART / August 1, 2016
The pall bearers of murderous regime try their level best to white wash their
masters.
ENOUGH IS ENOUGH.
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jansee / August 1, 2016
Dayan:
Why are you making a fool of yourself. Hitler, Saddam, Mubarak all toyed with their versions of phony democracy. It is not as if the democracy you are talking about descended on a silver platter from the creator. When idiots and rascals join together to sit on the back of ignorance what kind of democracy can you get. When seduced by ministerial positions, those who jump at the first instance of that seduction, jump like monkeys, and this also happens in this beautiful democracy.
Sri Lanka has not even come to grips with itself, with barely the common man living day-to-day and you are flashing your credentials where the average SL would not even understand. Your take on “comparative international politics” does not dry the tears of the man living for bread and butter issues. You seem to dwell in a world where your kind is so devoid of the surrounding environment that a kick perhaps will “wake up the cat”
India voted in favour of the 2009 resolution but turned against SL subsequently. There were other countries too. Don’t cry the crap that India had to take cognizance of the Tamilnadu pressure. Truth be told, the pressure on India in 2009 from Tamilnadu was far even greater. So, could a political scientist like you care to explain:?
Ban did not squeeze Mahinda’s balls to get “The “understandings contained therein” (in that Joint Statement) were that the Government would take unspecified measures to address grievances regarding an accountability process with regard to human rights and humanitarian law violations.”
The fact of the matter is successive SL regimes enter into agreements (or “understanding” in your words) for fun, never believing to honour them. That is the stark history of SL. You should have taped Mahinda’s big mouth, who in his euphoric moment gave an “understanding to address grievances” he never intended to honour, as he duped the Indians with the 13A plus plus story. Too bad, Ban thought of Mahinda very highly, being not used to the duplicity and double-speak you guys are so used to. When a leader of a country gives such assurances openly to the SG of UN, you think it is funny. May be he was a bit hard on Mahinda, that storyboard is quite common even during court hearings. You should hung your face down in shame to believe that your smart tongue can confer a meaning so typical of SL.
“That Government’s lapse was in failing to fully implement the LLRC report.”
You don’t get it do you? Some of the countries that voted in favour of SL turned against it later. Many countries were indeed fed up with the menace of the LTTE and their take was that peace will be won and the promises you and Mahinda gave will be fulfilled but when they realised the fakes you are in playing carrom, they turned against you. After all, they did not listen even to the US in 2009. For whatever reason India turned against SL, Manmohan’s contention was SL did not keep its promise. May be if Mahinda had kept his promise of devolution and winning the peace, all this drama unfolding may not have emerged. That was what was on the plates of those chiding SL now but what to do – when SL has advisers like you the country will continue to slip. Your victory in 2009 was not a blessing but a curse. Prove me wrong.
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Derby / August 1, 2016
The current regime leaders are mad to appoint someone like Managala Samaraweera as FM representing Sri Lanka. The man is a Pouf with a degree in Fashion Designing – we know where this is going. He has no functioning analytical brains let alone any sense of logic.
It appears the current government thrives on appointing failed politicians to high level posts – probably the leaders are hiding their own failed leadership by appointing less than qualified individuals to high profile government diplomatic positions.
Cannot wait to see the end of this government!It’s just a matter of time!
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karikalan / August 3, 2016
He is son of former SLFP stalwart, only requirement a person needs to get ministerial position in corrupt Lanka.
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roger / August 1, 2016
[Edited out] enough is enough of this fellow dayan jayatilake
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Justice & Fairplay / August 2, 2016
I say, Jayatillaka,
By your own admission you are a ‘student’ of comparative international politics Therefore by extension you hold no expertise; you are still ‘studying’.
I tell you to shut up and be quiet for a change. Samaraweera is the most successful FM we have had since 1977 and needs no advice / suggestions from you.
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Hemaka / August 2, 2016
HEMAKA DESHAPRIYA
I just read the very first comment on the above article by Dankotuwe Manike. Besides its sheer irrelevance she (if it is not a male pretending to be woman)confesses that the paternal uncle was yawning. That does not speak much for ability to maintain any interest in a person and sends people into a protracted yawn like her writing.
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siripala / August 2, 2016
because he runs behind ambulances like uncle like vermin pol kuddu silva …DPL
deepan pukka lokkata
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nishan / August 2, 2016
The problem with someone like Dayan is that he defines success purely as defying the west. He takes no account of reconciliation at home. This shows his lack of statesmenship and vision. We can tell the West to get lost and be proud about it if we can then show we have setted our own issues.
What Dayan fails to show or talk about is how MR totally failed to bring reconciliation after the war. IN fact, MR went as created a new Muslim – Sinhalese conflict.
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Jay / August 2, 2016
You are a jumping fish. Have you got any policy?
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M Riyas / August 2, 2016
Dr Dayan j is famous to make comments in favour of the master to whom he serves. So there is no need to take him serious. [Edited out]
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jim softy / August 2, 2016
Looking at these comments Mangala Samaraweera should contest elections in Jaffna. He will win with a hugh majority.
Probably not Jaffna, he should contest for Tamils living overseas.
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