6 July, 2022

Blog

Zeid Al-Hussein’s Remarks & Mangala’s Geneva Speech 

By Dayan Jayatilleka

Dr. Dayan Jayatilleka

Dr. Dayan Jayatilleka

Makes me sick, motherf*****, how far we done fell.” – Detective ‘Bunk’ Moreland to Omar in ‘The Wire’

UN Human Rights High Commissioner Zeid Ra’ad Zeid Al-Hussein, referring to the Report on Sri Lanka which he plans to release on Wednesday, made comments which are dangerous, saying:

“…Its findings are of the most serious nature. I welcome the vision shown by President Sirisena since his election in January 2015, and the commitments made by the new Government under his leadership. But this Council owes it to Sri Lankans – and to its own credibility – to ensure an accountability process that produces results, decisively moves beyond the failures of the past, and brings the deep institutional changes needed to guarantee non-recurrence”.

What Mangala Samaraweera and this government must remember is that the UN Human Rights Council is not the government or State of Sri Lanka. Sri Lanka is governed primarily by its own Constitution. In the absence of an international government, international law is subordinate and secondary to a country’s Constitution. The main duty and responsibility of the Sri Lankan government, state and armed forces were and are the defense of its citizens from an armed enemy and the defense of its sovereignty, independence, territorial integrity and unity—then, during the war, and now, in peacetime. That is the Social Contract. The UN Human Rights Council and most certainly the Office of the High Commissioner do not constitute a world government or state! There is no such entity! Therefore, neither the Council nor the Office of the High Commissioner have either a right or mandate to “ensure an accountability process that produces results…and deep institutional changes” in any sovereign country. That is primarily an internal matter, and in a country like Sri Lanka which is at peace and does not constitute a threat to regional still less international peace, it is a purely internal matter.

Meanwhile Mr. Mangala Samaraweera seemed to forget where he was when he addressed the United Nations Human Rights Council in Geneva today, September 14th. He seemed to have woken up and thought he was in the Sri Lankan parliament. I say this because he spoke so much about Sri Lanka’s domestic political and electoral events and processes in his address to the UN HRC, where no one, especially not distinguished visiting speakers at Ministerial level, talks at any length or any degree of concrete detail, about local politics and electoral outcomes.

In short, Mangala made a blatantly partisan political speech, which is in violation of the norms of discourse at the UN HRC. But that was the very least of his transgressions.

The word ‘Tamil” appears four times in Mangala’s speech. Now that in and of itself is unexceptionable, but a non-Sri Lankan child listening to his speech would think that there were only Tamil people in Sri Lanka, because he made no reference to any other community living here— the words Sinhala or Muslim never appear in Mangala’s discourse.

He talked twice in his speech of “the necessity of reaching a political settlement that addresses the grievances of the Tamil people” (paragraph 6) and “a political settlement that addresses the grievances of the Tamil people (paragraph 16). He pledged a new constitution through a constituent assembly, in the near future, in order to address the grievances of the Tamil people, which indicates that it is only the Tamil people who have grievances worth addressing; that Sri Lanka’s ethnic problem can be resolved by addressing only the grievances of the Tamil ethnic community; that it is not incumbent upon the Tamil, Sinhala and Muslim peoples to arrive at consensus through compromise (above all which reflects the demographic realities of the island). We seemed to have moved from the deplorable formula of “Sinhala Only” to the no less deplorable one of “Tamil Only”!

His pledge also reveals that the primary aim of the new constitution is to address Tamil political grievances, and that logically, the proposed solution would be one that cannot be accommodated within the existing Constitution, even by serious reform such as the 19th amendment. So what could be the change that requires a brand new constitution to address Tamil grievances and aspirations but one that goes qualitatively beyond the parameters of the existing solution, namely the 13th amendment?

I say ‘qualitatively’ because a mere adjustment to the 13th amendment would only require an amendment. Whatever lies beyond the 13th amendment, also resides—if one is to go by the Supreme Court’s determination of 1987 on the 13th amendment—outside the framework of the unitary state.

One must recall that the unitary state was deemed necessary for Sri Lanka by two stellar legal intellects during the Constitutional debate of 1972 with Mr. SJV Chelvanayakam, and none of the two were Sinhala Buddhist chauvinists: Dr. Colvin R de Silva and Mr. Felix Dias Bandaranaike. Dr. de Silva, a Marxist of Trotskyist persuasion, argued from his scholarly vantage point as the winner of the prize for the best results for the subject of History in the British Empire, that given Sri Lanka’s history and geography, a unitary state was imperative to maintain its unity.

For him, in other words, in the concrete case of Sri Lanka, there could be no daylight between ‘unitary’ and ‘ united’; united and unitary were coterminous; ‘unitary’ was the condition, indeed the precondition, of unity and territorial integrity.

Mr. Samaraweera made certain other dangerous promises with regard to accountability, a concept which he uncritically embraced. He indicated that there would be new laws to create new legal mechanisms, which he attempted to justify and cover up by a reference to the special legislation which set up the Criminal Justice Commission in the early 1970s.

This undemocratic piece of retroactive legislation was severely criticized at the time by the Civil Rights Movement and it led to a split initiated in the government’s ranks, by Dr. SA Wickramasinghe and Sarath Muttetuwegama of the Communist Party.

More importantly, Mangala is being manifestly dishonest because that new legislation was deemed necessary for a very simple reason—the JVP rebels of April 1971 had to be prosecuted for the offense of “bearing arms against the Queen”, which was highly anomalous. There was no law on the books under which they could be prosecuted. Under such highly exceptional circumstances, exceptional laws were arguable necessary.

What on earth could be the need for such new laws and new mechanisms today, when there is manifestly no such exceptional situation? Any wrongdoing during or after the war can be investigated and prosecuted under existing laws and by existing institutions which have been rendered more independent by the 19th amendment. What is it that cannot be done under the normal law and by the existing framework? What is the need for new laws and institutional mechanisms, except to initiate a witch-hunt, with foreign involvement and participation?

Mangala also pledged a Truth and Reconciliation Commission with the involvement of South Africa. South Africa’s TRC was in lieu of punitive, lacerating prosecutions. It was itself an accountability mechanism, not an addition to another one. Mangala has just pledged a South African type TRC, not in lieu of but together with a new, special mechanism for accountability!

Sri Lanka’s Minister of External Affairs took a sideswipe in his speech at the concept of “sovereignty”. It would have been alright to criticize an erroneous use or even an erroneous notion of sovereignty while simultaneously reiterating one’s own commitment to the concept and its defense, in keeping with the use of that concept in the founding Charter of the United Nations and the platform of the Non Aligned Movement to which Sri Lanka belongs. Significantly Mangala did no such thing.

Quite significant was the fact that the full text of Mangala written speech (doubtless distributed to the Council) contained pledges which his spoken address omitted. In it he pledges “security sector reform”, “the repeal of the PTA” and the review of the Public Security Ordnance– which dates back to 1947. The full text reads: “Additionally, Mr. President, the Government is committed to … disengagement of the military from commercial activities; undertake security sector reform …review and repeal the Prevention of Terrorism Act and replace it with anti-terrorism legislation in line with contemporary international best practices; review the Public Security Ordinance Act…” (https://www.colombotelegraph.com/index.php/sri-lankas-response-to-unhrc-the-full-text-of-foreign-affairs-ministers-speech-today/)

Listening to Zeid Al Hussein and Mangala Samaraweera, I was reminded of the Special Session of May 2009 in which Sri Lanka earned the support of a near two-thirds majority of the Council’s members for our defense of our sovereignty, unity and territorial integrity. During the war years we had successfully fended off, with the support of the Council, two High Commissioners for Human Rights— Louise Arbour and Navi Pillay. Today I was struck by the difference between Sri Lanka—and Sri Lanka’s UN diplomacy– then and now. What immediately sprang to mind were the lines of the character Detective ‘Bunk’ Moreland (modeled on a real veteran of the Baltimore Police Force) talking to the criminal anti-hero Omar, the favorite character of President Obama, in what was his favorite TV series at that time, The Wire: “…As rough as that neighborhood could be, we had us a community…Makes me sick, mother******, how far we done fell.”

*Dayan Jayatilleka, PhD, was Ambassador/Permanent Representative of Sri Lanka to the United Nations Geneva 207-2009 and a vice President of the UN Human Rights Council 2007-2008

Print Friendly, PDF & Email

Latest comments

  • 7
    13

    Dear Dr. Dayan

    Is there no decent, peaceful way out of the oppresive heat that the West deems to subject this nation to? To what end?

    If what you are saying is corrent then there needs to be a sophisticated strategy to safeguard the interests of all Sri Lankans. You need to convince people.

    “The slightest acquaintance with history shows that powerful republics are the most warlike and unscrupulous of nations.”
    Ambrose Bierce

    And what does three to five regions have to do with all of this?

    • 31
      12

      Don’t get carried away with what Dayan, the academic shinaigan says:

      The West and particularly Britain which annexed Tamil Eelam to Sinhala Ratas in 1832 need to rectify the situation in view of the atrocities committed by the Sinhala racist governments on Tamils since independence from Britain in 1948.

      You didn’t have a unitary Sri Lanka dominated by the Sinhala racists before 1832!

      Tuck your tails between your Lion’s legs and listen to what the West says.

      • 12
        3

        At the end..?.. Dayan never forgets to remind his “2009 May success” …with some understandable filth to pop up ..

        If it was really a success ,it would not have dragged so far

        What a self centered man is he ?

        • 0
          2

          Dayan,[Edited out]

      • 1
        0

        I don’t think that bowing down to the West is what is called for, however the West honestly believes that separation is the answer.

        Take for example the Scottish referandum. The United Kingdom as it has been known, voted on the separation referendum for Scotland. They (Scots) lost, this time. However what is expected of all civilized countries is to separate. I cannot argue with that mindset, however this is the world we live in – we had the breakup of the USSR, now the breakup of China is something that I am sure the West wants.

        Whether the West’s intentions are to have more control over the world or to fight for more control for citizens of those countries is not clear, maybe someone can educate me on this.

    • 13
      1

      Dr. Dayan Jayatilleka

      RE: UN Human Rights High Commissioner Zeid Ra’ad Zeid Al-Hussein, referring to the Report on Sri Lanka which he plans to release on Wednesday, made comments which are dangerous, saying:

      “…Its findings are of the most serious nature. I welcome the vision shown by President Sirisena since his election in January 2015, and the commitments made by the new Government under his leadership. But this Council owes it to Sri Lankans – and to its own credibility – to ensure an accountability process that produces results, decisively moves beyond the failures of the past, and brings the deep institutional changes needed to guarantee non-recurrence”.

      All, UN Human Rights High Commissioner Zeid Ra’ad Zeid Al-Hussein, need to do is read about the history of violence and non-accountability in Sri Lanka, the land of Native Veddah Aethho, occupied by the Paras, since independence, and fix this issue once and for all.

      This is his job, as the UN Human Rights High Commissioner.

      The New President Mairiplala Sirisena, does help, but going by the dilly dallying buy him and the crooks in his cabinet and the lies he has told the people, the High commissioner should assurances with a pinch of salt.

      If the Sri Lankan Modayas do not know how to get rid of MaRa MaRa Chatu MaRa, let the UN take him, dispose him.

      The people with common sense do not want, MaRa MaRa Chatu MaRa Dhushana MaRa. This has been proven on January 8, 2015 and August 17, 2017.

      [Edited out]

    • 19
      3

      DAYAN JAYATHILAKA is the Mr. Malice of the war torn nation. He should be feeling that he could do the job instead of Mangala, if he had been close to MY3-Ranil today. This man DJ is a big mouthed person – but none of this analyses ever closed to any recent political realities of the nation. That is why the title remained ” SELF PROCLAIMED ANALYST” though some are still compelled to invite him calling him as ” praveena jeshta deshaplana wichararaka”. He has cut his neck by his own being stuck to Nugegoda group that brought all ridicule to all in this nation recently. Today, shamelessly he seems to have further guts to come forward and talk the same rubbish.

      • 8
        3

        You may be right – so long Dayan would not change his punnaku, he would never become normal – sane person. How could anyone sit with the likes such as Wimal Buruwanse et al even if you would go against RW, CBK or anyothers who fought to the end to chase away the most abusive man that the mother lanka ever produced to ruin this nation.
        Looking back even kindergarten going kids would see it better but not Dayan et al. These men are like restistent weeds that even with round up would not have been destroyed away. They are born nationalists thinking that SInhaalya race is above any others. So long these buggers would grasp it, nothing would nt change towards the reconciliation of the nation of this god punished paradise.

    • 15
      4

      “The main duty and responsibility of the Sri Lankan government, state and armed forces were and are the defense of its citizens from an armed enemy.”
      You got the point Dayan. You are the enemy of Sinhalese, Muslims and Tamils. Tamils are citizens of the island of Srilanka. The Sinhalese military behaved exactly as an armed enemy of its Tamil citizens. It used chemical and cluster bombs against citizens of Srilanka. It used medicine and food against its citizens. Therefore it is the duty of UN to defend Tamils from its armed Sinhala enemy.
      It is the LTTE that defended Indian armed enemy to safeguard Srilankan territorial integrity, not the Sinhalese army. It is the Sinhalese army who massacred Sinhalese and Tamils citizens in 1970, 1989 and 2009.

    • 5
      1

      Vanguard

      “Is there no decent, peaceful way out of the oppresive heat that the West deems to subject this nation to?”

      If you don’t treat your family well, strangers and nighbours ever ready to grope your entire family.

      Don’t blame your neighbours and strangers blame yourself.

      In your case not only you are ever ready to invite them but also happy to see your family being groped.

      • 0
        1

        If my neighbor thinks my family should separate rather than try to live together, what should I think?

        Maybe my neighbor wants to control part of my family?

        I shall divide my house into three to five regions. Each child will have total control of their room.

        • 3
          1

          Vanguard

          “If my neighbor thinks my family should separate rather than try to live together, what should I think?”

          You are beating around the bush.

          Neighbour doesn’t want you to separate. But interested in groping your family, because you have been ill treating your family.

          Therefore the moral of the story is treat your family well, they will stick to you through thick and thin.

          “I shall divide my house into three to five regions.”

          It will not solve the fundamental issue. The question will still remain “are you going to treat the family well or not”.

          The neighbour will eventually annex your house room by room and you will be thrown out of your house. Therefore treat your family well.

    • 6
      1

      Dr.Dayan Jayatillke has appointed himself this country’s official Devil’s Advocate. He will argue for the Devil/s as cleverly as he can, with little substance but with very complicated and tricky string of empty words.

      Dr.Rajasingham Narendran

    • 0
      1

      OMG – had the Govt given a chance to this pundit – though self bla bla to formulate the speech, would he have done that addressing all the underlined issues above ? No, this so called ridiculous trying to be pefectionist, would always go on criticising anything. The charactor is near to that of SN Silva, former Chief and cheap justice who after accepting to have made a grave mistake regarding the case conducted regarding the alleged tsunami embezzelment of MR- but lately we found the very same creature to have joined the Mahinda group just because he thought he should attack the Ranil et al.
      Besides, this writer has sat with Wimal Buruwanse, Gommanpila to defeat UNPFG by sending a message that he would further support Mahinda clearly – how can he utter good things at all while proviing he behaved as if his brains cells wandered to the ass area at least during the general election campaign

  • 11
    9

    Sri Lanka will be spared if we give into the separatist demands. US is so keen it seems to see a federal state carved out from the unitary Sri Lanka. Giving into demands of these western countries usually result in catastrophes.

  • 27
    2

    Bloody brilliant! Mangala said “Tamil” four times. Since Tamils make 4% of Sri Lankan population (as Dr Jayathilleka estimated some months ago), Magala should have said “Sinhalese” 96 times to be balanced (so his speech does not confuse to children taking geography lessons).

    • 34
      7

      Isn’t Dayan a cheap Sinhala Chauvinist?

      • 12
        3

        He is and always was, the mask he was wearing fooled many including me but now the mask has come off and all are seeing for what he really is.

        • 8
          1

          Burt

          Dayan Silva is now talking without his mask and loin cloth!

          • 3
            2

            Dayan Jayatilleka, PhD,???

            By looking at the standard of the articles that this guy writes, the title behind his name looks like a dirty four letter word.

      • 0
        0

        Please, you are giving Chavs a bad name. Dayan is just a moron running with the fox and chasing with the hounds. Unfortunately (for him) he tripped and backed the wrong horse and resurfacing occasionally from the dustbin he has fallen into.

    • 13
      1

      In Tamil Nadu there was a time when Jainism had some dominance in certain areas. Their aversion to Saivism was proverbial. It is said they would wear ornamental bells in their ears. When the word SIVA is ever mentioned, they would shake their head to prevent the sound of SIVA entering their ears!

      DJ can take the cue from the Jains and do likewise whenever the word TAMIL is uttered.

  • 17
    3

    I started to read and got the usual drivel that Dayan writes these days and stopped. Sri Lanka as a state that has signed unto the UN protocols and thus bound by its jurisdiction. It passed three resolutions and compelled Sri Lanka to abide by them. If MR had regained power and transgressed the resolutions Sri Lanka would have been subject to series of sanctions thus she would have been helplessly dependant on both China and Russia!

    Mangala made an excellent speech; he mentioned the world Tamils 4 times because the Tamils are the party that is seeking justice! Sri Lanka is slowly moving towards an internal accountability mechanism, which is being contested by many Tamil nationalist fronts but it is increasingly likely to be endorsed by major powers paving a way for an honourable settlement of the Tamil questions. What have you against it? What aspects of the peace and reconciliation agenda that the present incumbent regime advocates that you disagree with? You manifest a bitterly twisted mindset and your political science is regressing and you have become a failed yesterday’s man!

    • 9
      2

      Burning Issue

      “I started to read and got the usual drivel that Dayan writes these days and stopped.”

      He has been writing drivel for many many years.

      I suppose you are now mature enough to see through his facade.

      • 3
        2

        Native,

        Since his Victory in Geneva that he singlehandedly defeated the powerful West and its allies, in his view, safeguarding SL from harm and subsequent accolades he enjoyed did consume him. What we now see is his endeavours to preserve his legacy that he safeguarded the Sinhala race. This can only be possible if MR were to be in the helm! Now that MR is no more his legacy has been pulverised. He is now like a rudderless boat!

        • 3
          1

          Burning Issue

          Dyan has been typing load of trash at least for the past ten years. Please visit Transcurrent an DBS J websites, you will see Native Vedda confronting this war monger almost on every article he typed.

          Many fans didn’t like what Native wrote. Now many agree with the authentic native.

  • 11
    2

    “During the war years we had successfully fended off, with the support of the Council, two High Commissioners for Human Rights……………”

    So, ‘brainwashing’ UNHRC delegates with untruths and bluff is supposed to have ‘erased’ all Human Rights & Humanitarian Law violations and totally erase the acts of State Terrorism from soon after independence until the end of the war in 2009.

    Do we want diplomats of this calibre, or those who will own up to State Terrorism and say what steps will be taken in future to prevent recurrence of same?

    • 5
      2

      Justice,

      What this man filled with the wastewater of
      Mahinda Rajapaksa fails to realize is that
      all the browbeating bluster and stonewalling from him that he celebrates
      as success is precisely what stiffened the resolve of the West and HR activists to stay on the issue, which in turn forced the current regime to come up with confessions.

      • 1
        0

        Agnos – if my memory serves right, didn’t you once refer to DJ [Edited out]

  • 12
    4

    [Edited out]This xenophobic megalomaniac seems to think that he, and only he, has all the answers to Sri Lanka’s problems.

    [Edited out] Has he forgotten that he was once a member and sympathiser of a Northern militant organisation.
    [edited out]

    • 2
      0

      “[Edited out] Has he forgotten that he was once a member and sympathiser of a Northern militant organisation. [edited out] “
      [Edited out]

  • 7
    2

    I didn’t bother to read. [edited out]

  • 5
    2

    Dayan is [Edited out]

  • 6
    2

    DJ is not speaking with a mind on a national basis but with racial outlook. Mangala is handling the subject well according to the circumstances. All must appreciate SriLanka cannot act in a manner to isolate itself.
    DJ who would have been dreaming of a MR comeback and [Edited out]

  • 6
    2

    It is interesting that Dayan who lied to the UN and the whole world when he was leading the delegation to UN, today he is accusing Mangala. The Truth and Reconciliation Commission was first spoken about by Rajapakse whose feet Dayan is licking now. Is Dayan worried that his lies will also be told and documented for future generations to read in the Truth and Reconciliation Commission? Who is Dayan, [Edited out]

  • 4
    1

    Honestly, [Edited out]

  • 7
    2

    The author of this article is a a master in the black art of deception.

    It was this author who negotiated the UN resolution at the Special Assembly in 2009. I reproduce the resolution below in full for the readers benefit.

    Look at the damage this guy has done:-

    1. Why did he take up a post in the UNHRC in Geneva.
    2. Why did he negotiate a resolution promising the world community what Sri Lanka was promising to do after the end of the war. That was the price he was prepared to pay the international community to support his resolution.
    3. Has he not promised all the things in this resolution, which he now considers only relevant to the internal affairs of Sri Lanka and strictly outside the interests of the international community.
    4. Is it not true that most of these promises were never implemented.
    5. That was why the subsequent resolutions were passed at the UNHRC with the severe intrusive resolution in March 2014 and the imminent Report.
    6. If the government odf Sri Lanka honestly implemented the report Sri Lanka would have been spared the ignominy of being almost treated as a pariah State.
    7. With rabid communalists like the author, who never believed a word in the resolution which he help to draft, is it a surprise if people in the world refuse to believe their word.
    8. Finally, is it not the case that at last Minister Mangala Samaraweera has to come forward to implement the promises made by author and his political masters and redeem the honour of Sri Lanka.
    9. It is a pity that the author and his political masters are more used to dealing with who are more accustomed to dealing in world comprising drug lords, murderers and plain liars that they forget that in the long run they cannot escape the truth.
    10. Minister Samaraweera carry on with the good work you are doing, and let the [Edited out] bark remorselessly until they are hounded out by the people.

    S-11/1 Assistance to Sri Lanka in the promotion and protection of human rights
    The Human Rights Council,
    Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights and other relevant human rights instruments,
    Reaffirming the purposes and principles of the United Nations as contained in Articles 1 and 2 of the Charter, including the principle of non-interference in matters that are essentially within the domestic jurisdiction of States,
    Bearing in mind General Assembly resolution 60/251 of 15 March 2006,
    Recalling Council resolutions 5/1 and 5/2 on institution-building of the Human Rights Council,
    Recalling also that States have the duty and responsibility to provide protection and humanitarian assistance to all segments of the population, including internally displaced persons, without discrimination,
    Recalling further its decision 2/112 and its resolutions 6/28, 7/7 and 10/15, and recalling General Assembly resolutions 57/219, 58/187, 59/191, 60/158, 61/171, 62/159 and 63/185, and welcoming the efforts of the States Members of the United Nations in the protection of human rights and fundamental freedoms, and reaffirming the obligations of States to respect human rights law and international humanitarian law while countering terrorism,
    Reaffirming the respect for the sovereignty, territorial integrity and independence of Sri Lanka and its sovereign rights to protect its citizens and to combat terrorism,
    Condemning all attacks that the Liberation Tigers of Tamil Eelam launched on the civilian population and its practice of using civilians as human shields,
    Reaffirming its commitment to promote international cooperation, as set forth in the Charter, in particular Article 1, paragraph 3, as well as relevant provisions of the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights on 25 June 1993 for enhancing genuine cooperation among Member States in the field of human rights,
    Recognizing that the promotion and protection of human rights should be based on the principle of cooperation and genuine dialogue and aimed at strengthening the capacity of Member States to comply with their human rights obligations for the benefit of all human beings,
    Welcoming the conclusion of hostilities and the liberation by the Government of Sri Lanka of tens of thousands of its citizens that were kept by the Liberation Tigers of Tamil Eelam against their will as hostages, as well as the efforts by the Government to ensure the safety and security of all Sri Lankans and to bring permanent peace to the country,
    Welcoming also the recent reassurance given by the President of Sri Lanka that he does not regard a military solution as a final solution, as well as his commitment to a political solution with implementation of the thirteenth amendment to bring about lasting peace and reconciliation in Sri Lanka,
    Emphasizing that, after the conclusion of hostilities, the priority in terms of human rights remains the provision of assistance to ensure the relief and rehabilitation of persons affected by the conflict, including internally displaced persons, as well as the reconstruction of the country’s economy and infrastructure,
    Encouraged by the provision of basic humanitarian assistance, in particular, safe drinking water, sanitation, food and medical and health-care services to the internally displaced persons by the Government of Sri Lanka with the assistance of Untied Nations agencies,
    Encouraged also by the recent announcement by the Government of Sri Lanka of the proposal to safely resettle the bulk of internally displaced persons within six months,
    Welcoming the successful rehabilitation of reintegration of former child soldiers after the conflict ended in the Eastern Province of Sri Lanka,
    Acknowledging the continued engagement of the Government of Sri Lanka in regularly and transparently briefing and updating the Council on the human rights situation on the ground and the measures taken in that regard,
    1. Commends the measures taken by the Government of Sri Lanka to address the urgent needs of internally displaced persons;
    2. Welcomes the continued commitment of Sri Lanka to the promotion and protection of all human rights and encourages it to continue to uphold its human rights obligations and the norms of international human rights law;
    3. Encourages the Government of Sri Lanka to continue to pursue its existing cooperation with relevant United Nations organizations, in order to provide, to the full extent of their capabilities, in cooperation with the Government of Sri Lanka, basic humanitarian assistance, in particular, safe drinking water, sanitation, food and medical and health-care services to internally displaced persons;
    4. Welcomes the announcement of the proposal to safely resettle the bulk of internally displaced persons within six months, and encourages the Government of Sri Lanka to proceed in these endeavours with due respect for persons belonging to national, ethnic, religious and linguistic minorities;
    5. Acknowledges the commitment of the Government of Sri Lanka to provide access as may be appropriate to international humanitarian agencies in order to ensure humanitarian assistance to the population affected by the past conflict, in particular internally displaced persons, with a view to meeting their urgent needs and encourages the Sri Lankan authorities to further facilitate appropriate work;
    6. Encourages the Government of Sri Lanka to continue to persevere in its efforts towards the disarmament, demobilization and rehabilitation of former child soldiers, recruited by non State armed actors in the conflict in Sri Lanka, their physical and psychological recovery and reintegration into society, in particular, through educational measures, taking into account the rights and specific needs and capacities of girls, in cooperation with relevant United Nations organizations;
    7. Urges the Government of Sri Lanka to continue strengthening its activities to ensure that there is no discrimination against ethnic minorities in the enjoyment of the full range of human rights;
    8. Welcomes the continued cooperation between the Government of Sri Lanka, relevant United Nations agencies and other humanitarian organizations in the provision of humanitarian assistance to the affected people, and encourages them to continue to cooperate with the Government of Sri Lanka;
    9. Also welcomes the recent visits to Sri Lanka by the Under-Secretary-General for Humanitarian Affairs and the Representative of the Secretary-General on the human rights of internally displaced persons, and encourages them to continue to cooperate in the mobilization and provision of humanitarian assistance to the affected populations;
    10. Further welcomes the visit to Sri Lanka of the Secretary-General at the invitation of the President of Sri Lanka, and endorses the joint communiqué issued at the conclusion of the visit and the understandings contained therein;
    11. Welcomes the resolve of the Sri Lankan authorities to begin a broader dialogue with all parties in order to enhance the process of political settlement and to bring about lasting peace and development in Sri Lanka based on consensus among and respect for the rights of all the ethnic and religious groups inhabiting it, and invites all stakeholders concerned to actively participate in it;
    12. Urges the international community to cooperate with the Government of Sri Lanka in the reconstruction efforts, including by increasing the provision of financial assistance, including official development assistance, to help the country fight poverty and underdevelopment and to continue to ensure the promotion and protection of all human rights, including economic, social and cultural rights.
    3rd meeting
    27 May 2009
    Adopted by a recorded vote of 29 to 12, with 6 abstentions. The voting was as follows:
    In favour: Angola, Azerbaijan, Bahrain, Bangladesh, Bolivia (Plurinational State of), Brazil, Burkina Faso, Cameroon, China, Cuba, Djibouti, Egypt, Ghana, India, Indonesia, Jordan, Madagascar, Malaysia, Nicaragua, Nigeria, Pakistan, Philippines, Qatar, Russian Federation, Saudi Arabia, Senegal, South Africa, Uruguay, Zambia;

    • 1
      1

      Does Kuhan writes another article?

      How one can write a comment or comments long than an article?

      Then Kuhan comment should be published as an article.

      Also this comment has nothing to with what Dayan said.

      Miss use freedom is good for nothing.

      Kuhan, either you should learn to write an article or shorten you comment to the point.

      If this is going to be the practice, then comments in the CT will not last long!

    • 1
      0

      List of the countries voting for this resolution is quite interesting and reveals more than the words in the resolution itself!

      Dr.RN

  • 7
    3

    Dayan,

    Sour Grapes!

  • 10
    2

    In the special session of May 2009, this stupid moron went there and promised 13++ which later his boss MR could not deliver. Finally he got sacked for making that blunder. MR removed him from his post. Now he is talking big.

    Ha ha Sour Grapes!

    • 10
      2

      Nimal

      Didn’t MR say he worked for NGO.

  • 2
    2

    The author introducing the draft resolution said the following:

    DAYAN JAYATILLEKA (Sri Lanka) introducing the draft resolution L.1/Rev.2 on the human rights situation in Sri Lanka, said that this draft resolution was not a horary for Sri Lanka, it was a sober considered document which had been viewed as a bridge between Sri Lanka and the world, and a bridge between Sri Lanka’s present and future. One could see how carefully considered the text was, when bearing in mind that the original draft had 17 paragraphs and now it had 29 paragraphs. Why this expansion and where did it come from? It was a frank annexation of incorporation, and not in any aggressive manner, but in the spirit of incorporating the concerns of all in the Council. They sought to represent the maximum possible consensus, sought to make it the highest common denominator of the concerns of the Council with regard to Sri Lanka. Operative paragraph 10 enshrined the entirety of the discussion between the Secretary-General of the United Nations and the President of Sri Lanka. There could be no more sincerity to the commitment of Sri Lanka and the co-sponsors. Sri Lanka, now ten days after the end of a 30 year war, had represented the best synthesis of the discussions taking place in the Council.

    This spirit underlying this resolution and the racists rubbish that is spewing through the author’s ears is there for all to see. Or is this another act of a deceptive liar?

  • 8
    2

    Again we see Dayan very selective in his analysis and narrow minded to the point of counting how many times “TAMIL” was mentioned. He only exposes his communal mind and his utter bitterness of his failure firstly when he was kicked out by Rajapakse and then shamelessly goes and backs the man who threw him out and fails miserably there again.

    [Edited out] Please write instead of posting links – CT

  • 7
    2

    Here goes again our self proclaimed smart patriot DJ, along the racial lines and intentionally stirring up thIngs to bring disharmony among the three communities.

    He as one of the beneficaries of the good work that was done by the benefactor Late Kadirgamar and his team has coveniently forgotten what Kadirgamar stood for. Laxman Kadirgamar who was against war and believed only in a political solution that can be achieved through the international institutions.

    Smart patriot DJ should read what real patriot Tissaranee Gunasekera has written and particularly about the type of leaders SL had.

    I’m sure CBK who has reflected on the past mistakes and did good work to safe the SLFP from the highjackers on Jan 8th. She who brought in Kadirgamar is capable of achieving reconciliation , peace and development.

    Hello DJ don’t create problems contribute positively in solving political problems mother Lanka facing since Feb 4th 1948. Then only you will be able to do proud to Late Mervyn De Silva.

  • 8
    2

    Dayan more nonsense from you.
    Read what you have written. You will realize how ignorant you are. And don’t think that the Sri Lankans are ignorant. Derana had a political parody around 6pm today. You should watch that. Those two young 20+ year old girls seem smarter than you are.

    As for our Foreign minister, he did a great job. You and your useless friends made a comedy of the same event in 2009 and the whole world was watching:)

  • 5
    2

    This [Edited out]. is getting scared – he should have a good look at the latest channel 4 video. Lies stated by him in Geneva makes him an accomplice in war crimes. Readers of CT will be so happy once this [Edited out]finds his home shortly at the Hague with other war criminals.

  • 6
    2

    The author of this article is a a master in the black art of deception.
    Becoming attached to or excessively elated with success, praise, fame or pleasure can be a set-up for suffering when the winds of life change direction. Professor motta(idiot) dayan was only interested in his own personal success while promoting and encouraging the former uneducated illeterate rogues thugs who encouraged lawlessness, family nepotism, destruction of independant institutions. Under the former mafia regime Democracy was just a deception.

    A self-respecting people cannot and should not tolerate such dishonest pronouncements and declarations by these sycophants. They should not be given responsible tasks. Now we know just getting a PHD is not going to create a disciplined honest citizens.Now we have expample of having a PHD and less of a IQ.

  • 5
    2

    What an excellent speech from Mangala. Refreshing to read and digest unlike the drivel and poppycock that DJ and Ariyaratane produced in Geneva previously. DJ’s article is oozing with pus and putrification displaying his envy that he was not appointed to the FM post. Imagine the damage this war criminal would have caused to the government had RW given him a job. His other friend Modapala has been quiet, too much time spent on sulking that the ex king is no longer around to worship.

  • 4
    1

    Is Mangala’s speech very different from the speech made by Dayan in the last week of May 2009 at UNHRC?

  • 3
    2

    Dayan,

    You faced the UNHCR like Sancho Panza fighting Wind Mills. Your bravado and playing to the local gallery is responsible for this report by three foreigners selected by UNHCR. If not for the change of government, this report might be adequate for those responsible for the disappearances to be hauled before the international court of Justice.

    Good diplomacy by the present government has helped to give UNHCR with US support, to accept a domestic inquiry with international observers.

  • 3
    2

    You know it’s Vintage DJ (from atop his warped pakis pettiya).

    He managed to get his “I was reminded of the Special Session of May 2009 in which Sri Lanka earned the support of a near two-thirds majority of the Council’s members for our defense of our sovereignty, unity and territorial integrity”. That was our glory moment. Caught them cold, until the faecal matter entered the air-conditioning, and the censures began to fly.

    To further delight us he pulled out a quote from a thuppahi western crime drama series in the hope that it will seal his pronouncements.

    As for his involving a non-sri lankan child, I would venture all the loot in all the undetectable Sajin Vass bank accounts that NO non-srilankan child would be listening to Mangala’s speech.

    The sad thing is that DJ, yesterdays man, is an anachronism, and he does not know it.

  • 5
    1

    The equation that two and two makes five has its own attractions. I realized it when reading Dr.Dayan Jayatilke’s remarks on “ Zeid Al Husain’s remarks and Mangala’s speech. I am no constitutional pundit. I am not particularly impressed with Dr.D.J’s grievance that the Minister of Foreign affairs had failed to mention ‘Sinhala’ even once. The Mahavamsa by Ven. Mahanama thero does not make any reference to ‘Sinhala’ either.
    I have no desire to rush in to a debate with him on what is unitary and what is united. I am no constitutional expert. I am appalled by his misconstruction of Dr.Colvin R de Silva’s views on the constitutional implications of the term ‘UNITARY’. It is best that I quote some constitutional scholars, experts and Dr. Colvin R de Silva himself on the subject.
    In a commentary made in 1986 on the 1972 constitution Dr. Colvin R De Silva observed “ To begin with I should like to make a general remark about constitutions that they neither copied from nor varied according to something made up in some political heaven. On the contrary they are drafted by human societies in accordance with the circumstances of the time at which they were drawn up, expressing or reflecting, if you will permit me what you call my own jargon, the existing class relations etc. ..”
    Dr.N.M. Perera in his ‘Critical Analysis of the 1978 Constitution’ declared in 1979 “, “What might have satisfied the Tamil community twenty years back cannot be adequate twenty years later. Other concessions along the lines of regional autonomy will have to be in the offing if healthy and harmonious relations are to be regained.”
    Dr.Nihal Jayawickrema in his Reflections and Making and Content of the 1972 Constitution – An insider’s perspective says
    “the government placed before the Constituent Assembly a basic resolution to the effect that ‘The Republic of Sri Lanka shall be a Unitary State.’ It was probably designed to obtain a vote rejecting federalism.
    That object having been achieved, there was no reference to a ‘Unitary State’ in the first draft constitution that was circulated internally by the Ministry of Constitutional Affairs on 18th August 1971. Obviously, the Minister saw no need to assert the unitary nature of the state in the constitution.
    Emphasis mine. In another article published in the Sunday Island he elaborates “It is common practice to attribute authorship of the country’s three constitutions to the three persons who are perceived to have occupied the pre-eminent position in the respective drafting processes: Lord Soulbury, Colvin R. de Silva and J. R. Jayewardene. Yet each constitution was a collective effort. For example, in 1946, the Ministers’ Scheme, which formed the core of the Constitution, was assembled by Sir Ivor Jennings. It was carefully crafted to include provisions that would not only guarantee its acceptance by the ethnic minorities in the State Council, but would also satisfy the British Government’s insistence that the Sinhalese majority should “prove their willingness and capacity to operate self-governing institutions in collaboration with the minorities, with due regard to their rights and susceptibilities
    Similarly, the 1972 Constitution was the collective effort of a Cabinet that consisted of several seasoned politicians. There were many features of the Constitution for which Colvin (if I may) could be held responsible, but these need to be distinguished from those which were either inspired or influenced by others. For example, the first draft prepared under Colvin’s direction did not contain any reference to a “unitary state”. In Cabinet, one of the senior ministers insisted that a new section be added to the effect that “Sri Lanka is a unitary state”. Colvin did not consider this to be necessary, and argued that while the proposed constitution would have a unitary structure, unitary constitutions could vary a great deal in form. This impetuous, ill-considered, and superfluous embellishment has, for three decades thereafter, stultified every attempt at a peaceful resolution of the ethnic problem.
    Emphasis mine. There’s no doubt that fiction does a better job than facts.

  • 2
    7

    Dayan,

    Is this Bedouin UN HR Commissioner for just Srilanka?…

    • 5
      2

      KASmaalam K.A Sumanasekera

      Where is Gota’s b***s carrier Black and Decker? If he were to be present at the Geneva sittings, he would have demanded to see evidence of actual rape, live recording of sexual abuse which widely took place during and after the war.

      On the other hand OTC would have bored Bedouin bored to death.

    • 2
      1

      Ha ha,

      You were crying foul when that Dalit lady was UN HR Commissioner. Now, it looks like the Bedouin prince is screwing you fellows in the right royal way.

      njoy!

  • 7
    1

    Dayan J: You were the one who read out that “message” from MR at the very first “Street Drama” held at Nugegoda by the foursome (Wimal,Vasu,Dinesh,Gammanpila)with the slogan “Bring Back Mahinda”. Therefore, I presume you would have been the “Accredited” Diplomat who would have been sent to Geneva to address this session if MR came back to power. Anyway you lost that opportunity; but in the above article mentioned what you would have said: I quote:

    “…..that the UN Human Rights Council is not the government or the state of Sri Lanka. Sri Lanka is governed primarily by its Constitution. In the absence of an international government, international law is subordinate and secondary to a country’s constitution. The main duty and responsibility of the Sri Lanka Government,State and Armed Forces were and are the defense of its citizens from an armed enemy and are the defense of its sovereignty , independence , territorial integrity and unity during then and now in peacetime. That is the Social Contract. The UN Human Rights Council and most certainly the office of the High Commissioner do not form a world government or state. There is no such entity. Therefore neither the Council or the High Commission either a right or mandate to ensure an accountability process that produce results, deep institutional changes in any sovereign country. This is primarily an internal matter and in a country like Sri Lanka which is at peace and does not constitute a threat to the region still less international peace, it is purely an internal matter”. (I copied this paragraph from your above letter)

    I presume this would have been your speech and the only speech. On listening to this piece, all the Delegates would have applauded (hooted in Sri Lanka style) and thrown out that Human Rights Commissioner then and there and taken the next flight waiting to go back home. We would have been waiting with all the “Garlands” and “Magul Bera” (Drums) Kandyian Dancners and Pandamas (Torch Bearers), of course not forgetting that “Pol” & “Gal in thousands at the Katunayake International Airport to receive you and conduct straight to the Kings’ Palace (Temple Trees). Any, how we missed that opportunity? For all that missed opportunity, I blame this Government.

    Perhaps, we will try that next time. Cheers.

    • 3
      2

      Prof. Kumar David puts it very beautifully,

      He says, the racist bigot-force piloted by the mad-dog pack Wimal – Gamanpilla – Vasu – Dinesh – Dayan.

    • 1
      1

      Yes Yes, Douglas, I too blame this government for denying this Dayan Silva fellow the opportunity of getting hooted on the road from Katu to Temple Trees for the display of pomposity in the UN.

      But of course one crazy TV station I hear, would get him to sit on a Vantage Point to discuss a lot of hypothetical rubbish at which this Dayan Silva is nearly peerless…

      Peerlessly lost in his own arrogance.

  • 5
    2

    “which is in violation of the norms of discourse at the UN HRC.”………………..

    DAYAN TELL US HOW MANY TIME YOU HAVE VIOLATED WHEN YOU WERE THE AMBASSADOR IN GENEVA?

    “The word ‘Tamil” appears four times in Mangala’s speech. Now that in and of itself is unexceptionable, but a non-Sri Lankan child listening to his speech would think that there were only Tamil people in Sri Lanka, “

    DAYAN, YOU HAVE BECOME A REALL RACIST

  • 6
    0

    Regardless of what the West or the UN compels/coerces Sri Lanka to do to its constitution, we as a nation need to do everything legally necessary to guarantee the safety and liberty of all our citizens.

    Getting abducted and murdered for reporting on abuse by the police/state-sponsored paramilitaries is NOT acceptable for a citizen of a democracy. Intimidation and racial profiling based on one’s name or appearance is NOT acceptable. Police inaction of preventing rioting against a certain group is NOT acceptable.

    So if changing our constitution and the PTA will help us prevent these unacceptable practices, then I am all for it. We should do it because we are all human beings, not because anyone forced us to!

  • 6
    2

    Attn. Chuvanist Dayan

    non-Sri Lankan child listening to his speech would think that there were only Tamil people in Sri Lanka,

    If you really mean this, then you should take responsibility for this mistake.

    Tell us what the hell were you doing in Geneva instead of educating the people?

    Were you giving peanuts to beautiful ladies in the UN Geneva?

    Talk sense man,

    Try to be an educated person

    • 0
      2

      Dushy,

      The very reason the country is facing problems at the UNHRC is due to the mistreatment of Tamils, so it is only natural that Samaraweera will talk about Tamils. Even a child will understand there must be other communities forming the majority; after all, it is the perpetrator and not the victim who is put on the dock at the UNHRC.

      This man DJ took too much Kasippu from MR, and his addled brain stopped working a long time ago.

    • 2
      2

      Ranetunge

      “Were you giving peanuts to beautiful ladies in the UN Geneva? “

      Probably he was carrying padikkam (spittoon)for the Hindians.

      • 1
        2

        Dear Native,

        Your Yahapalana FM wouldn’t be giving nuts to Ladies in Geneva for sure, whether they are beautiful or not….

        • 3
          0

          KASmaalam K.A Sumanasekera

          “Your Yahapalana FM wouldn’t be giving nuts to Ladies in Geneva for sure, whether they are beautiful or not….”

          Bribe in the form of nuts?

          If you give them nuts you could only get monkeys. FM knows about it.

Leave A Comment

Comments should not exceed 200 words. Embedding external links and writing in capital letters are discouraged. Commenting is automatically disabled after 5 days and approval may take up to 24 hours. Please read our Comments Policy for further details. Your email address will not be published.