LLRC Update 4/11/2010

Media Stories

http://www.asiantribune.com/news/2010/11/04/sri-lankas-anglican-church-
welcomes-lessons-learnt-and-reconciliation-commission

Sri Lanka's Anglican Church welcomes Lessons Learnt and Reconciliation

Commission
Thu, 2010-11-04 04:18 — editor

* News

By Santhush Fernando in Colombo

Colombo, 04 November, (Asiantribune.com):

Sri Lanka's Anglican Church has welcomed the wording in the Warrant issued by the
President to the Commission that the end of the war presented an opportune moment
for a ‗multi-ethnic polity to undertake a journey of common goals in a spirit of co-
operation, partnership and friendship.‘

Representatives of the Anglican Church of Sri Lanka – (Church of Ceylon) tendered

submissions to Lessons Learnt and Reconciliation Commission recently. Rt.Revd.
Duleep de Chickera – Bishop of Colombo, the Rt.Revd. Kumara Illangasinghe –
Vicar General of Kurunegala, the Ven. Philip Nesakumar – Archdeacon of Jaffna met
the commissioners on behalf of the Anglican community on October 29, 2010.

Here are excerpts of the submissions made by the Church of Ceylon (the Anglican
Church of Sri Lanka):

We appreciate and welcome the wording in the Warrant issued by the President to the
Commission that the end of the war presented an opportune moment for our ‗multi-
ethnic polity to undertake a journey of common goals in a spirit of co-operation,
partnership and friendship.‘ We believe the common goals referred to in the Warrant
are contained in Item (v) of the terms of reference given to the Commission, namely
the promotion of national unity and reconciliation.

We agree that this goal can best be achieved by learning lessons from our history. In
this regard, we must express our disappointment that the mandate of the Commission
has been restricted to the period from February 21, 2002 to 19th May 2009. It is well
known that the causes of our National conflict extend beyond this period and also
teach important lessons.

These centre around issues of land, colonisation, ethnic and national identity, national
security and sovereignty, citizenship, language, resettlement, and devolution.
Reference must also be made to issues related to governance and egalitarianism in a
plural socio-economic stratified society which resulted in insurgencies in our country
both in the south and north.
The underlying causes of these insurgencies were recognised by the political
establishment in our country but far too late. Since however the mandate of the
Commission is in respect of the northern ethnic conflict we shall confine our
submissions accordingly. We summarise our submissions as follows:

(1) The need to treat all persons in custody with dignity and subject them to the due
processes of the law. Their personal details must be published and their
families/relatives provided access to them. Legal processes for those held in Prisons
for long periods and some without any charges must be expedited. Those against
whom no charges can be framed must be released without delay. Children conscripted
by the militant groups should be offered counselling and returned to their families as
quickly as possible.

(2) Personnel of the Sri Lankan armed forces who have been deprived of
opportunities for further study and qualification due to enlistment, should be given the
opportunity to do so through differently structured courses and places in tertiary
education.

(3) The need to speedily re-settle all persons of all communities, displaced over the
years due to the conflict, in their original areas of residence. Consequently the need to
retain areas already declared as High Security Zones should be reviewed and
rationalised. Declaring further areas of private land as High Security Zones, must be
avoided. We are concerned that many people who have lived on or owned lands have
been denied access to their lands. While recognizing that the de-mining exercise
continues and will take time, a gradual lifting of the restrictions on the freedom of
movement is necessary.

(4) There must not be any state sponsored colonisation of the North and East with
people from outside these Provinces. This has been one of the causes for the ethnic
conflict in our country and should not be repeated. Into this category will also fall the
reported moves to provide military personnel with land for settlement with families in
the North and East. This will spread fear, cause tensions, and undermine other moves
towards reconciliation. The right of all Sri Lankans to reside anywhere in the Country
is not in conflict with the stance.

(5) The planning, reconstruction and development of the North and East must be done
in consultation and dialogue with the people and civil society leaders of the area.
Facilities and personnel should be provided to address the trauma experienced by the
people of these areas during years of LTTE control and war. Priority in the
recruitment of labour for any of these projects must be given to the people of the area.
Private sector contractors must also be encouraged to do so. This will enhance their
self worth as persons.

(6)Sri Lankan Tamils in camps in South India and other Sri Lankans who were
compelled to leave our shores for other lands and who wish to return should be
encouraged to do so. A swift transparent screening process of such persons will be
necessary and acceptable. It may be useful to hear a cross section of these groups on
their fears and aspirations.
(7) There must be a gradual but clearly visible move towards civilian administration
in the North and East. Such a move signals normalcy and puts people at ease. For this,
the mere holding of local government elections is not enough. It must be ensured that
the powers of provincial and civic administrators to deal with matters within their
purview are not undermined. In addition, the presence of military personnel in the
North and East must be reduced and the maintenance of law and order and the
prevention of crime restored to the Police. There should be adequate Tamil-speaking
personnel in the police force, beginning with the lower ranks in all Police Stations in
the North and East. The people of these areas must have both the facilities and
confidence to transact business with the police and all public offices in the Tamil
language.

(8) The need to fully implement the present constitutional and legal provisions
relating to governance, devolution of power, human rights, language rights and a
public service independent of party politics needs to be expedited.

(9)Some of the post war administrative and structural developments in the North and
East seem to obstruct the process of reconciliation and restoration of normalcy. We
are unclear as to the legitimacy and role of the Presidential Task Force and are
concerned about its impact on shared governance, the involvement of civic minded
groups in the work of rehabilitation and the authority of elected representatives of the
region.

(10) The military happenings during the closing stages of the war in April/May 2009
have received adverse publicity in Sri Lanka and the world. Serious allegations have
been made about the violation of humanitarian law. Reported denial of access to a
cross section of the media to this area of war has deprived the public of information
from a source that is independent of the state and also blurs these allegations. This is a
sensitive issue that threatens the integrity of the state and the image of the nation and
needs to be addressed in a participatory and transparent manner.

(11) There is also a need to set up a mechanism to expedite, rationalise and assist
persons to trace; and where necessary obtain new documents such as title deeds to
lands, birth, marriage and educational certificates; and where applicable, death
certificates.

(12) Non-Governmental organizations that can assist in the work of rehabilitation in

the North and East should be permitted to do so. The existing laws of the land are
adequate to deal with those who violate the sovereignty, security or the laws of the
country.

(13) There must be a mechanism for the healing of memories and for trust-building
within and amongst all communities. Cross cultural education which will bring
children of the different ethnic communities together in regions where there are
cosmopolitan communities as well as an integrated teaching of history will enhance
this process and lay the foundation for trust and reconciliation. Particular attention
should be given to the victims of violence and those with extremist views. Those
living in border villages need assistance as well. Since the mandate of the
Commission of Inquiry on Lessons Learnt and Reconciliation may not permit this to
be undertaken by this Commission, a Commission with a broader mandate on the
lines of the South African Truth and Reconciliation Commission may profitably be
employed in the healing of memories.

(14) While taking note of the work of the Udalagama Commission, we feel that there
is a need for the immediate appointment of another Commission that would
investigate the numerous killings and abductions of civilians which occurred during
the conflict . This Commission could also be mandated to trace and publish lists of
persons missing or killed during the period of war and conflict.

(15)The continuation of the scope of Emergency, Regulations and the Prevention of

Terrorism Act needs, review. These have often been used to stifle legitimate
democratic activities and intimidate political opposition. As long as such measures are
in place they will pose a threat to normalcy and national reconciliation. There can be
no better deterrent to a resurgence of grievance and terrorism than the restoration of
the democratic rights of the people, law and order and good governance.

(16) There must be a return to the culture of media freedom and the right to dissent a
free public discourse in such a culture will enlighten the public on national issues and
enhance the process of national unity and reconciliation.

(17) The root causes of the ethnic conflict are political and therefore must be
addressed by political and constitutional reforms. This needs to be addressed on an
urgent basis. The APRC proposals and a Bill of Rights could, after public discussion,
form the basis for these reforms.

(18)The people must have confidence that the government is serious about
implementing the recommendations of Commissions it has appointed. In this regard,
we are concerned about the lack of transparency in not releasing the report of the
Udalagama Commission of Inquiry and final report of the APRC.

- Asian Tribune -

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http://www.priu.gov.lk/news_update/Current_Affairs/ca201011/20101104only_p
olitical_solution_bring_lasting_peace.htm

Thursday, November 04, 2010 - 4.29 GMT

Only a political solution could bring lasting peace - His Eminence Cardinal
Malcolm Ranjith

The newly nominated Cardinal His Eminence Dr. Malcolm Ranjith yesterday said the
Catholic Church in Sri Lanka is seriously concerned about peace and harmony in the
country and believed that only a political solution could address the grievances of the
minorities.

Testifying before the Lessons Learnt and Reconciliation Commission (LLRC), the
Cardinal called on the government to speed up the process to find a political solution
to the issue that has been ravaging the country for decades.
The Cardinal told the LLRC that even though the war is over, the fundamental issue
that led to the armed struggle still remains and a political solution is the only
resolution in long run.

The Cardinal said he believes that the government must intensify the search for a
political solution to the ethnic conflict.

Tracing back the cause of the war to the 1950s the Cardinal said the Sinhala only laws
introduced in 1956 raised tensions between the two communities. He emphasized the
importance of promoting tri-lingual education in the country.

Responding to a query by Commissioner M. T. M. Bafiq, Cardinal Malcom Ranjith

said the Church accepted that safeguards were necessary in relation to security, but a
certain amount of freedom was necessary as a confidence building measure and to
promote goodwill and harmony. The leader of the Catholic community declared that
the Church had never advocated the LTTE‘s position and would never favour an
armed struggle.

Kingsley Swamipillai, Bishop of Batticaloa and Trincomalee said the human right is
worst affected victim during the war. He expressed his serious concern over those
who had gone missing. He said that the paramilitary groups should be immediately
rehabilitated.

Making representation to the LLRC, Rev. Father G. Sigamany said that the presence
of High Security Zones in the North and East was a major impediment to the
restoration of normalcy. He stressed the importance of resettling the IDPs in their
native places and taking steps to back Sri Lankan Tamils living in India.

President Mahinda Rajapaksa in May 2010 appointed the eight-member Commission

to report on the lessons to be learnt from the events in the period from February 21,
2002 to May 19, 2009.

The Cabinet of Ministers last week granted approval to set up an Inter-Agency

Advisory Group (IAAG) to facilitate the early implementation of the interim
recommendations by the Lessons Learnt and Reconciliation Commission (LLRC).

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http://www.srilankaguardian.org/2010/11/llrc-another-aprc.html

LLRC: Another APRC?

Posted by Sri Lanka Guardian feature, Interview, Politics, Rajasingham Jayadevan
6:08:00 AM

‗I do hereby authorize and empower you the said Commissioners, to hold all such
inquiries and to make all such investigations into the aforesaid matters …… and
require you to transmit to me within six months of the date hereof - (May 15,2010) -
President‘s directive.
by Rajasingham Jayadevan

(November 04, London, Sri Lanka Guardian) The Lesson Learnt and Reconciliation
Commission (LLRC) after almost six months of its hearing of mainly opinions and
some appeals of war victims, is expected to submit its final report on the November
15, 2010.

The terms of reference clearly states the report must be transmitted to the President
within six months. Accordingly the final date for submission of the report must be not
later than November 15, 2010.

The LLRC has submitted its interim report and only on October 28, 2010 Sri Lanka‘s
Cabinet approved a proposal to set up an Advisory Committee (not Action Committee)
on the current Lessons Learnt and Reconciliation Commission (LLRC). The Advisory
Committee is tasked with looking into the implementation of the interim report of the
LLRC.

Assuming that the final report of the LLRC will be transmitted to the President on
November 15,2010 what do we expect the next stage of the work to manifest from the
report.

The LLRC was asked by its mandate to look into the negative aspects of the Ceasefire
Agreement (CFA) signed with the LTTE in 2002. Will it go beyond this and say
things positive about it?

The main actors to the CFA did not give evidence. They are the Norwegians,
Opposition Leader Ranil Wickramasinghe, the LTTE (even Karuna who was involved
in the peace CFA process did not come forward) and the others who worked behind
the scene to engineer the CFA. Without these crucial witnesses what lessons can be
learnt from the LLRC outcome on the CFA.

Even Gen Sarath Fonseka was not asked to give evidence on the war crimes charges
against his junior officer.

Further, the leading international Human Rights organisations refused to give

evidence on the grounds that the LLRC in not independent and not adequately
mandated.

The evidences of the war victims at the LLRC hearings were very limited. The LLRC
hearing in the north - the core centre of the latest war ravages, was handled very badly.
There was lack of opportunities for the victims to present their cases and the media
too was denied access to the hearings.

Having limited and barricaded the northern hearing, some attempts were made in the
hearing in the East to show a good image. Witnesses were brought in a limited way as
part of the image building exercise for the LLRC.

The Colombo media gave coverage to the heavy weights whom gave evidence on
issues but evidences of the victims of the war were mainly ignored.
Will the LLRC recognise the core intention of the CFA was to achieve peace through
delegation of powers via devolved administration or will it restrict its report to the co-
habitation agenda of the government through economic development and streamlining
of the bureaucratic administration?

The interesting of all the negative aspects is of the LLRC is whether and when the
President will release the final report to the public and what will be the President‘s
next stage of the agenda to circumvent the international pressure on several issues not
properly dealt by the government.

We already know Professor Tissa Vitharane‘s APRC report on constitutional changes

is dusted or binned in the President‘s office. With the LLRC report also face the same
fate?

Politics of coming days and months, post November 15, 2010 will be interesting to
watch.

*********************************************************************

http://www.bbc.co.uk/sinhala/news/story/2010/11/101103_northeast.shtml

Last updated: 03 November, 2010 - Published 17:08 GMT

Govt.changing demography in North and East-Archbishop

The Archbishop of Colombo, Malcolm Ranjit, who‘s soon to become a Cardinal, said
that attempts were being made to change the demographic make-up of northern and
eastern Sri Lanka, which currently have an ethnic Tamil majority.

The bishop alleged that security forces were violating human rights with impunity in
the former war zone.

He and a group of senior Catholic witness who were similarly critical of the Sri
Lankan government were were testifying before the Lessons Learnt and
Reconciliation Commission (LLRC) on Wednesday.

A member of the commission repeatedly challenged the contention of the clergy that
the 27 year-old state of emergency should be lifted.

Missing:

The Bishop of Batticoloa and Trincomalee Kingsley Swampillai, told the commission
there were numerous missing and disappeared Sri Lankans whose fate was unknown
for many years now.

Most of the cases remained undocumented, said Bishop Swamipillai .

The missing included priests – father Jim Brown who went missing in Jaffna in 2006
and another, Father Joseph Francis, who the bishop said was in his late 70s and had
―got involved with‖ the Tamil Tiger militants while living in their heartland.
Bishop Swamipillai said Father Francis was among those leaving the war zone in May
2009 and passing through the military checkpoint at Omanthai.

At Omanthai while he was being checked, the people who had travelled with him had
said that he was taken in for special questioning by the military.

Nobody has seen him thereafter.

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http://www.colombopage.com/archive_10B/Nov03_1288799815CH.php

New Sri Lanka Cardinal calls for a political solution to the conflict
Wed, Nov 3, 2010, 09:26 pm SL Time, ColomboPage News Desk, Sri Lanka.

Nov 03, Colombo: Sri Lanka's newly appointed Cardinal Most Rev. Dr. Malcolm
Ranjith called today for a speedy political solution for the country's decades-long
ethnic strife.

Testifying before the Lessons Learnt and Reconciliation Commission (LLRC) today,
the Catholic Cardinal called on the government to speed up the process to find a
political solution to the issue that is ravaging the country for decades.

Cardinal Malcolm Ranjith told the LLRC that even though the war is over between
the Tamil Tiger rebels and the government, the fundamental issue that led to the
armed struggle still remains and a political solution is the only resolution in long run.

The Cardinal said he believes that the government must intensify the search for a
political solution to the ethnic conflict.

Tracing back the cause of the war to the 1950s the Cardinal said the Sinhala only laws
introduced in 1956 raised the tensions between the two communities and paved the
way for war.

President Mahinda Rajapaksa appointed the eight-member Commission in May 2010

to report on the lessons to be learnt from the events in the period from 21st February
2002 to 19th May 2009.

The government defeated the Tamil Tiger rebels and ended the 30-year long armed
conflict in May 2009.

Following the end of war the government has embarked on an accelerated

development program in the conflict-affected North and East to economically uplift
the people's lives disrupted by the war and bring democratic process to the region.

Under its imitative to restore democracy, the government held elections in the Eastern
Province which was liberated from the rebel grip in 2007 to elect the Tamil political
leaders to the Provincial Council.
The government plans to repeat the same process in the North once the resettlement of
the displaced is completed.

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http://www.srilankaguardian.org/2010/11/what-education-sir.html

What an education, sir

Posted by Sri Lanka Guardian columnists, Rajpal Abeynayake 6:21:00 AM

by Rajpal Abeynayake

(November 02, Colombo, Sri Lanka Guardian) The big national issue turned out
within a matter of weeks to be, would you believe it, education? This is the best time
therefore, to agitate for laws that allow people to educate their children at home. The
comeback to that may be ―this is no time for comedy.‘‘ When the entire opposition
feels that where all else has failed, they could ride the backs of university students to
power, they wouldn‘t want somebody to emerge from somewhere in the woodwork or
on top of it, and advocate of all things, home-schooling.

But I‘m in no mood to be funny, not by a long shot. Whereas an education was meant
to equip folks with skills and empower them, presently we see education as a process
by which morons are manufactured to order, but more about that later. The last two
weeks go to show that a large chunk of society expect those who qualify for higher
educational institutions to do everything such as protest agitate and bring the
government down — everything that is, except getting themselves educated.

Nevertheless, parents themselves who are the products of this assembly-line process
of book-learning, never stopped for a moment to think why they should send their
offspring off to educational institutions, when everything seems to happen to them in
these places, except their being educated.

If parents could educate their children at home perhaps of course with the help of
tutors, would it not have a stanching effect on this ongoing national calamity of
producing ‗educated‘ morons who by habit deal in the currency of platitudes? It
would also keep young men and women — especially young men — from being co-
opted to the task of periodically attempting to bring down governments.

Home study

Yet they tell me that home study is illegal, and that it is a quaint unworkable
proposition at the best of times. This I consider to be quite the hilarious rationale,
given that anything can be said about our current education system but that it works.

Anglican Bishop of Colombo Duleep Chickera, making submissions on Friday before

the Lessons Learnt and Reconciliation Commission (LLRC) said that religions which
are supposed to foster harmony among communities have in fact had the opposite
effect a lot of the time, in this country and elsewhere.
He was remarkably candid in his submission that as an instrument of sowing discord,
his religion had been quite often found to be guiltier than some of the others as a
matter of fact.

But then when he was asked by the commissioners to comment on the vital issue of
education, I was waiting eagerly for him to similarly say about education, that it has
done more to keep young people more dense and unimaginative and jaded, as opposed
to keeping them educated.

I suppose one cannot expect lightning to strike twice in the same place in one day, and
Rev. Chickera said no such thing about education, but went on to prescribe mixed-
stream mixed-ethnicity schools as a possible ways out of what he termed were
misunderstandings between ethnic communities.

Father Chickera himself during the course of his submissions made the startling
observation that in Sri Lanka, the Tamil vote is increasingly and dangerously
becoming insignificant. In effect what he was saying, is that the minority vote for
instance should be the deciding factor in determining who is the president of this
country, for example, as it was thought to be in the past.

Now, this is the kind of skewed and unrealistic thinking that formal educational
institutions — such as some whose fortunes over which Bishop Chickera presides —
impart; the kind of thinking that does not encourage original thought among students
but encourages them to blindly follow the herd.

This is the conventional wisdom which holds that in Sri Lanka somehow the minority
should remain Kingmaker despite that is the most artificial unnatural and preposterous
thing that can happen in any democratic system of governance. This wisdom prevails
because it is somehow thought in the amazing process of distilling the conventional
wisdom, that if this artificial-arbiter status of the minority community is not retained,
there will be inevitably more chaos and untold misery that follows, to the detriment of
this nation.

Educated at home

Seriously, with all due respect to the Bishop on his self-effacing stand on inter-
religious harmony etc., which borders on the radical in their refreshing nature, I‘d
rather that children be educated at home whenever possible than being imparted
conventional wisdom such as ―the minority vote is dangerously becoming
insignificant.‖

Indeed the opposite of that is true, as the minority vote is now becoming a significant
component in the role of building a just and fair society, whereas earlier it was an
aberrational factor which artificially skewed election outcomes to the consternation of
almost everybody. Just imagine how agitated the Church of England hierarchy would
be in Anglican majority England if the minority Muslims together with some other
minority immigrants from Estonia and Latvia for instance determined election
outcomes in the United Kingdom?
If this is the kind of stuff about minority votes etc., that our children learn at school
together with the art of unsuccessfully attempting to bring down governments every
now and then, perhaps even illegal should not stop people from trying to educate their
children exclusively in their homes so that there is every chance their minds can be
kept alive as opposed to being corrupted with conventional thought.

*********************************************************************

http://www.priu.gov.lk/news_update/Current_Affairs/ca201011/20101102llrc_ne
aring_in_jaffna.htm
Tuesday, November 02, 2010 - 4.55 GMT

LLRC hearings in Jaffna

The Lessons Learnt and Reconciliation Commission (LLRC) will hold hearing in
Jaffna from next week.

The Commission expects to obtain views and accounts of the people in Jaffna who
have been affected by the conflict.

All facilities will be provided for anyone who is willing to give evidence before the
Commission, the Chairman of the Commission, C.R. de Silva said.

The Commission is currently conducting its hearings at the Lakshman Kadirgamar

Institute in Colombo 7.

The LLRC has held public sittings in Vavuniya, Mullaitivu, and Batticaloa. The
Commission held public sessions in Vavuniya on August 14th and 15th and also
visited the welfare villages where around 20,000 IDPs are sheltered.

President Mahinda Rajapaksa in May 2010 appointed the eight-member Commission

to report on the lessons to be learnt from the events in the period from February 21,
2002 to May 19, 2009.

The Cabinet of Ministers last week granted approval to set up an Inter-Agency

Advisory Group (IAAG) to facilitate the early implementation of the interim
recommendations by the Lessons Learnt and Reconciliation Commission (LLRC).

*********************************************************************

http://www.tamilcanadian.com/article/5977

Commonwealth Parliamentary Association (UK Branch) falls for Dictatorial

President Rajapakse’s Deception
By: Dr C P Thiagarajah
The All party parliamentary delegation from UK had after a discussion with President
Mahinda Rajapakse (MR) on 18 October 2010 told him that they would stand by him
and were ready to help Sri Lanka. They were also of the opinion that Terrorism from
LTTE had gone and that the three Rs; reconstruction, rejuvenation and reconciliation
is the order of the day after their frank and cordial discourse for 45 minutes.

Their opinion on Sri-Lanka‘s present situation was reached after President Rajapaksa
explained to the delegation of the status quo of the Tamil Homeland of North and East
(TH) and the rest of the country. Mahinda Rajapakse may be qualified to speak for the
Sinhalese population because in his own words it was the Sinhalese votes that made
him the president. But to speak for the Tamil nation whom he subjugated and
committed the worst genocide of 40000 Tamils last year in this century violating all
UN rules and breaking all Human Rights regulations and rules of war tantamount to
deception. The Tamil national Alliance that largest party that represents the Tamils
should also would have been consulted.

This was what he briefed the CPA UK team, ―what the people of the North of Sri
Lanka wanted most today were the essentials of water, electricity, schools, health
services and education. There was a yearning for development among the Tamil
people, asserting that there could be no development without peace and vice versa‖.
The tongue in the cheek talk of the president is quite perceptible. He had left out the
Eastern part of the Tamil Homeland (TH) which was also affected by the war owing
to its Tamil population.

What the Eelam Tamils (Tamils of the TH) sought was a political settlement from the
outset to ensure permanent peace before any sort of development work could be
started. The indigenous Tamils had this political wrangle with the Sinhalese since the
time Sri-Lanka, then called Ceylon, obtained independence from Britain Colonial rule
in 1948. That was about more than half a century ago. A long time indeed. What is
strange is that even immediately after the end of the genocidal war in May 2009, what
the people in the concentration camps and elsewhere told the world was that they
desired a political settlement for stable peace first and then
reconstruction/development. It is the rationale as well. How can you ensure peace
without a permanent political settlement for the Tamils as the root cause of the
conflict and the war was the refusal of political freedom for the Tamils which was self
determination? Majority of the democratically elected Tamil Members of Parliament
the Tamil National Alliance (TNA) was also airing the same view. That would be the
natural course of action as they represent the victimised Tamil electorate. The CPA
team should have strived hard to elicit the truth rather than taking what the deceptive
president said as gospel truth.

The CPA had great responsibility with them and they should have been more eager to
find out whether true democracy is functioning in Sri-Lanka where the British
government left the Tamil minority to uncertain future. There had been myriads of
articles on this including the English governor general Late Lord Soulbury.

The post war reality epitomized the need for a political solution first. The TH had
been placed under military governors and all civil administration had been brought
under the heel of the army. Though civilian administrators are functioning they are
just pen pushers and function as loyal servant who cannot function according

to public service rules. The enormity of domination of Sinhala rule in the captured TH
was too hard to bear for the Tamils. It is particularly so when accusation of war
crimes and crimes against humanity and genocide had been heaped on MR's head. No
free media is allowed to interview those Tamils who underwent bombing and shelling
experiences in the ‗no fire‘ zone at Mullivaikal where the well planned genocide of
40000 Tamils was carried out may last year. Apart from that he had also imprisoned
his erstwhile war hero Majaor Sarath Fonseka much to the opposition of a section of
the Sinhalese. Because of these fascist tendencies and many other reasons Sri-Lanka
is now a failed state.

The other sham of Rajapakse was that of linking political settlement to reconciliation
after the war. He said, emphasizing that ―reconciliation in Sri Lanka needed a home
grown solution, and not one that is transported from elsewhere, even from Northern
Ireland. It must be based on our own experience, while we are ready to learn from the
experience of others‖. The move at political settlement was started long ago even
before Rajapakse became president after purportedly bribing the LTTE. Sri- Lankan
government had an APRC functioning for quite some time. All and sundry gave
evidence before it taking their time and energy but its report is still languishing in
obscurity and needs to be presented to the public of Sri Lanka for discussion. The
chairman of the APRC, Professor Vitharana is a highly educated and respected
personality by all the nationalities in the embattled island- Tamils, Muslims and
Sinhalese. The president had shelved the APRC autocratically to procrastinate the
issue so that he could change the demography of the TH through planned Sinhala
colonisation. According to reports the armed forces had been given a free hand to
repress any Tamils who cross their path.

MR is now waiting for his Lesson Learnt and Reconciliation Commission (LLRC) to
bring about unity between the two embittered and embattled communities. Thus the
creation of yet another commission is procrastination and thieving the valuable and
useful time of the Tamil people in order to make them backward. MR is showing
mirage to the Tamils and the CPA believed in it. Understandably organisation such as
AI, International Crisis Group and Human Rights Watch that are above board would
not be taken up by this buffoonery of an ineffective commission. In their joint
statement, Amnesty International, Human Rights Watch and International Crisis
Group said that the Commission ―not only fails to meet basic international standards
for independent and impartial inquiries, but it is proceeding against a backdrop of
government failure to address impunity and continuing human rights abuses.‖ In
particular they pointed out that the Commission‘s mandate did not require it to
investigate the many credible allegations that both the government security forces and
the LTTE committed serious violations of international humanitarian and human
rights law. They also pointed out that most of the Commission members had a history
of working for the government and some had been personally supportive of the
President and his government. Two other weaknesses they pointed to was the absence
of protection mechanisms for those who give evidence when there is a climate of
impunity in the country, and the fact that efforts of many previous commissions of
inquiry have come to naught.

Those local NGOs and citizens who gave evidence before this commission did so in
order to put their views in some form of permanent public record so that it will stir the
government into action. Jayantha Dhanapala, a retired UN permanent Representative
in the UN, in his oral presentation to LLRC on 2 September 2010 was emphatic on
devolution of power, ―The recent history of Presidential Commissions has been a
dismal and uninspiring one. We have the Udalagama Commission which was aborted
and we have a number of Commission Reports which have

not been implemented. I believe that your Commission has been appointed one year
too late…. The conflict that has ravaged our country is not only the result of the
perversity and the venality of the LTTE and its leader Prabakaran, but also the
cumulative effect of bad governance on the part of successive Governments in Sri
Lanka. Our inability to manage our own internal affairs has led to foreign intervention
but more seriously has led to the taking of arms by a desperate group of our citizens. I
think we need to rectify this bad governance and the first and foremost task before us
is to undertake constitutional reform in order to ensure that we have adequate
devolution of power. We have already missed several opportunities in the past; we
have had an APRC functioning for quite some time but its report is still languishing in
obscurity and needs to be presented to the public of Sri Lanka for discussion. We need
to have State reform; we need to have rule of law established; we need to ensure non
discrimination amongst our citizens; we need to have devolution of power, tolerance
of dissent and strengthening of democratic institutions‖. Mr Dhanapala was
unequivocal that power devolution must not wait for LLRC. He said ―but I would say
that constitutional reform is one of the highest priorities that we must address. At the
same time we cannot postpone that reform until your Commission concludes its work
because it is of great urgency‖.

Responding to a question by Lord Sheik (Conservative) about the progress of moves

for devolution of power, President Rajapaksa said that whatever solution arrived at
must be one that is acceptable to the people. The CPA should have clarified what he
means by ‗people‘. The president means the Sinhalese people who must accept
whatever political solution that has to be given to the Tamils even if a solution was
decided upon by the parliament. The APRC finalised a political package for solving
the regional problems of the Tamils from the TH. This proposal we assume was based
on the 13 amendment to the constitution which give some sort of autonomy to the
Tamils in the TH. However, the racist president had not published the report nor
implemented any part of it. How do you term this autocratic action of the president?
Will a Prime Minister of UK do that or as a matter of fact will any other
commonwealth head of a government do that highly undemocratic act that betrays the
trust of the nation? It is a definitive firm NO.

The President was also emphatic stating that what the LTTE wanted could not be
given. It is pertinent to mention here that what the LTTE stood for was a political
solution that was enshrined in the Vaddukoddai Resolution of All Tamil
Representatives of parliament and the Tamil public. The resolution was unanimously
adopted at the First National Convention of the TAMIL UNITED LIBERATION
FRONT held at Vaddukoddai on May 14, 1976. In essence it was self determination
for the Tamils in their TH. If the president is opposed in giving the due political rights
of an endangered minority who have a homeland then the CPA should decide what
type of democracy is being practiced in Sri-Lanka. The only consoling factor for the
Tamils is that the energetic Foreign Minister of UK had made his point to his Sri-
Lankan counterpart on this issue. On 20 October 2010 in a meeting with Sri Lankan
Foreign Minister Professor GL Peiris, the Foreign Secretary William Hague said the
political settlement needs to address the needs of all Sri Lanka's communities. The
Foreign Secretary stressed the need for Sri Lanka to have a credible and independent
process to address allegations of violations of international humanitarian and human
rights law during the conflict. He hoped that Sri Lanka would show clear commitment
towards democracy, human rights law and freedom of the press.

The latest call for a speedy political solution comes from a religious dignitary,
Rev.Fr.Lasantha de Abrew s.j. After a group visit to the TH recently he has

written an article in www.transcurrents.com on October 25, 2010 under the heading

―Young religious visit their own suffering brothers and sisters in Northern Sri Lanka‖.
I quote the relevant ultimate paragraph.

―Need for a political solution in the context of growing Symbolic violence: I shall
innumerate this point through an incident of our exposure. As we were traveling by
the A9 road, the soldiers would stop the bus and get into the bus without any
consideration to the passengers. There were many Tamil passengers in the bus. All of
them were carrying weapons. I could see the faces of the passengers. They were not
happy and especially the Tamil persons were uneasy and uncomfortable.

This is unknowingly or knowingly exercising one‘s symbolic power over the other,
―The role and the uniform of the soldier‖ to intrude into the personal-private space of
the other without consent. This is symbolic violence which is more subtle but very
strong on the discriminated or the oppressed one. These are Sinhalese soldiers who
enjoy their war victory as the underlying base and the others are the Tamils who had
been crushed by the Sinhalese especially architected by the Sinhalese soldiers.

The symbolic violence affirms the unequal treatment to the other although they live
together. The newly decorated bo-trees and Buddhist temples along the A9 road and
other resettlement areas in and around the army camps, War victory monuments,
government sponsored institutions of security forces coming up speedy and the other
side of the road, their own destroyed school buildings and children are studying under
trees and high military presence are some the catalysts of symbolic violence.
Therefore the timely need of our nation is that we have a political solution to the
inherent causes led for a brutal war on justice and affirmation of human dignity to all
as earliest as possible‖.

The president also added that any reasonable aspects of devolution, for which all
parties have consensual agreement, can be granted. The President said he will
encourage all parties to come to a settlement, and that Parliament must finally decide,
as there was the need for a two-third majority for any Constitutional change. President
Rajapaksa said he looked forward to a dialogue with all Tamil political parties. Some
had already responded positively. There are more parties than one representing Tamils
and we look forward to consensus among all, especially on aspects of development,
he said. Here again we see the president misleading the CPA. There are more parties
representing Tamils in the same way that more than one party that represent the
Sinhalese people. The president had imprisoned the presidential opposition candidate
Sarath Fonseka, whom he himself and the Sinhala nation praised as a war hero in jail.
Therefore what doubt arises in the minds of the major Tamil parties, except those para
military Tamil parties that works with the government is whether they can present
their true wishes democratically in a parliament that is on a dictatorial path. What the
CPA‘s finding on this aspect we do not know. They have a duty to elicit the situation.
On the question of the provincial administration in the North, the CPA-UK delegates
were told by the president that the first priority will be Local Government Elections,
after which there would be elections to the Northern Provincial Council, similar to the
political progress that had taken place in the East, after the defeat of terrorism. This is
another attempt to postpone true democratic devolution of power to the Tamils. The
Eastern province governor S Chandrakanthan, had been complaining for a long tome
that full power had not been given to him and that the military governor and the
military was doing things as they wanted thus transgressing democracy.

At this juncture I wish to quote two Sinhalese diplomats from www.island.com of

September 16th who feels that successive Sinhala leaders were also responsible for
the ills in the country for 62 years since independence in 1948. Two veteran diplomats,
Nanda Godage and John Gooneratne, say the government should tackle the issue of
LTTE suspects languishing in prisons and also ensure the proper implementation of
the Official Languages Policy as fast as possible. Gooneratne said that the lethargic
attitude of a section of the officials had contributed to the gradual deterioration of the
relationship between the Tamil speaking people and the Sinhalese. Launching a
scathing attack on successive governments beginning in 1956 for making the Sinhala
language the only official language, the ex-Peace Secretariat Chief said though Tamil
was also made an official language following the Indian intervention in 1987, the
implementation of the Official Languages policy was ‗very spotty‘ and subject to
political weather conditions.

President Rajapaksa explained that Sri Lanka had clearly made the fastest progress in
the rehabilitation of child soldiers and youth, who had been made the victims of
armed conflict. With regard to child soldiers it was explained that all of them had
been released to their parents. Most were attending schools, even in Colombo. Youth
whose university education had been interrupted due carrying arms for the LTTE, had
been given special opportunities to continue their higher education. The rehabilitation
work for children and youth was receiving assistance from UNICEF, IOM and the US
Government, he said. Sadly he hid the current issue at international level which was
the War Crimes committed by Sri-Lankan forces during the genocide of 40000 Tamils
in Mullivaikal in May 2009. The Tory British prime minister, David Cameron, has
laid the last nail on the issue. He said according to www.BBC.co.uk of 27 October
2010 there should be an independent investigation into claims that the Sri Lankan
government was guilty of human rights abuses during the defeat of Tamil Tiger rebels
last year. Why didn‘t the CPA prod the president on this conspicuous HR issue?

Responding to a question on the readiness of the Government to work with NGOs,

INGOs and such organizations, President Rajapaksa said ―there are NGOs and NGO.
Sri Lanka had the example of NGOs that had obtained large sums of money from
abroad, from people and governments abroad, during the Tsunami, but had done no
relief work here‖. We have to be wary of such organizations, however, we are ready
to work and in fact work with a large number genuine NGO? he said. The CPA – UK
delegates were told that some NGOs had their own political agenda which were not in
the wider interests of the country. These are unproven accusations. The Tamils had
collectively voiced their protest during the war that Sri-Lankan Sinhala government
was not allowing Tamil NGOs to work with war victims rendering humanitarian relief.
However, Rajapakse government did not allow them in order to prevent war crimes
committed by the Sinhala forces coming out. The government is a racial government
and fears that any Tamil organisation in the battle zone would be a hindrance to their
ethnic cleansing policy and work. Just take the pan sinhala team that met the CPA.
Associated with the President Mahinda Rajapaksa were the Deputy Speaker
Priyankara Jayaratne, Ministers Basil Rajapaksa, Nimal Siripala de Silva, DEW
Gunasekera and Anura Priyadarshana Yapa, Secretary to the President Lalith
Weeratunga, Secretary, External Affairs Romesh Jayasinghe and Secretary General of
Parliament Dhammmika Kithulgoda. The racial nature of this government is further
highlighted in an incident in the North. Recently Maryse Limonar, head of the
International Committee of the Red Cross (ICRC) sub delegation in Vavuniya was
distributing 400 two-wheel tractors to villagers in the Mullaitivu and Vavuniya
districts. ICRC officials alleged a Government Minister promptly overruled the list of
beneficiaries the ICRC had chosen and that the Government Minister distributed

some of the tractors to his supporters. The ICRC head couldn‘t hide her feelings at the
ceremony she walked to the rear of an ICRC vehicle and cried after. A photograph of
her crying covering face with her palms was widely flashed in the media.

President Rajapaksa also assured that there were no obstacles to Tamil expatriates
abroad coming to Sri Lanka and also investing here. In fact that was being encouraged.
However, he said that was a section of the expatriates, or the Diaspora, who would not
change their attitudes, and were continuing even now raise funds for pro-LTTE
activities. The countries in which they had obtained refugee and other status must
look into this aspect, he said. He added that it was high time such Tamil expatriates
changed their view of the situation in Sri Lanka, come back and work with the Tamil
people, invest in the country and make a genuine difference to the live of the Tamil
people. The assurances of this president could not be trusted. The one sure witness for
this statement will be the former Foreign Minister Mr Mangala Samaraweera. He was
removed from office in order to accommodate one of Rajapakse‘s favourites although
Samaraweera did a lot to Mr Rajapakse to win the presidential election.

Mr Rajapakse had told the world that he had resettled all the Vanni population that
was driven out of their homes by the army when it advanced towards LTTE territory.
Its was a lie. I quote what Ref Father Lasantha de Abrew s.j. had to say ―Development
of roads and government offices could be seen but the resettlement of IDPs by
rebuilding their destroyed houses is false and not the truth‘ There are visible signs of
building roads, especially on the Mannar- Puneryn Road government buildings are
coming up. Most of the IDPs who returned are living in huts some on their own land
but others in jungles as their land had not been reallocated. The people are building
with their own savings, on their gold, on the donations sent by relations in Diaspora or
helped by the Church organizations through their parish structures. They were not
compensated for all they lost and had been destroyed. The Government is very slow
in granting permission to the NGOs and the INGOs on rebuilding, resettling and
rehabilitation programs‖. Is this resettlement and rehabilitation? There are 89000
widows and 160000 disabled persons due to the wanton unilateral war. CPA should
have inquired about them from the Sinhalese to find out if in Sri-Lankan democracy
state funds are socially and racially distributed equitably. Empirical evidence suggest
otherwise. The entire TH is now a deprived area.
Anyway, the CPA should be congratulated for at least asking some questions that
would have provoked the frog in the well attitude of the leaders of the 15 millions
Sinhalese who fear that there are no Sinhalese elsewhere in the world to give them
support. CPA therefore could not be comprehensive, objective, impartial and timely.
They had to listen to what the Sinhalese said to them. With all these constraints the
CPA should not become a rubber stamping machine for dictatorial regimes‘
misleading assertions.
Courtesy: TamilCanadian
Published on: Nov 01, 2010 11:29:51 GMT

*********************************************************************

http://www.island.lk/index.php?page_cat=article-details&page=article-
details&code_title=10317

Kalupahana alleges CBK undermined ‘reconciliation process’

November 1, 2010, 9:36 pm

article_image

By Shamindra Ferdinando

Retired Major General Devinda Kalupahana yesterday told the Lessons Learnt and
Reconciliation Commission (LLRC) that an ambitious reconciliation process launched
by the then Premier Ranil Wickremesinghe had collapsed in early 2004 due to
President Chandrika Kumaratunga‘s decision to take over three key ministries.

Kalupahana alleged that President Kumaratunga had undermined the process, though
she and Premier Wickremesinghe publicly endorsed the final report, which discussed
ways and means to settle the differences among the Sinhalese, the Tamils and the
Muslims.

The former Commissioner of Reconciliation said that he couldn‘t print the report due
to the political dispute caused by President Kumaratunga‘s move. Bradman
Weerakoon has been in charge of the overall project.

Kalupahana revealed that the reconciliation process started in 1999 under the
Kumaratunga‘s presidency and he took over the process in 2002 during
Wickremesinghe‘s premiership.

Sri Lanka and the LTTE reached a CFA in February 2002 with the help of Norway.

Responding to a query by the LLRC, Kalupahana said that their plan couldn‘t be
implemented due to the collapse of the peace process.

The LTTE quit the negotiating process in April 2003 after six rounds of talks at
overseas venues.

Asked to comment on the role played by INGOs/NGOs in formulating their action

plan, Kalupahana said that among those involved in the process were Marga Institute,
ICS, Kumar Rupasinghe and Dr. Devanesan Nesiah. Kalupahana said that they had
deliberations at the Kadirgamar Centre for International Relations before finalizing
the report. According to him, the LTTE declined to participate in the deliberations,
though its front organization, TRO took part.

Asked whether he had visited the north recently, Kalupahana said that he
accompanied a group of about 50 senior government servants to Kilinochchi on the
invitation of the LTTE during the 2002-2004 CFA.

At that time Rupasinghe had been one of the key players in the Norwegian peace
initiative, which is now being evaluated by a joint team of Norwegian NGO and
British University.

On a request of the LLRC Chairman former Attorney General C. R. de Silva,

Kalupahana handed over his action plan to S. B. Atugoda, Secretary to the
Commission.

Kalupahana paid a glowing tribute to the then President Ranasinghe Premadasa for
making a genuine effort to settle differences among the communities on a three-
pronged strategy based on security, development and reconciliation. The former
soldier briefly discussed the IPKF quitting Sri Lanka in March 1990, the LTTE
moving in to Vavuniya, and the Army regaining the town. According to him, within
six months on the directive of President Rajapaksa, the government built 1,000 houses
in and around Vavuniya.

When Chairman de Silva asked how they managed to provide water, Kalupahana said
that as the houses had been situated in and around Vavuniya water hadn‘t been an
issue.

The LTTE resumed offensive action in June 1990, three months after the IPKF quit.
Within weeks, the army lost the Kandy-Jaffna A9 route. It remained in the LTTE‘s
hands, until the army during General Sarath Fonseka‘s tenure as the Commander
regained the road in January 2009.

Kalupahana also mentioned about President Premadasa setting up a special radio

station at Vavuniya called Vanni Sevaya to promote amity among the people.

During the 2002-2004 CFA, Wickremesinghe‘s government closed down the station,
though the army opposed the move.

*********************************************************************

http://www.priu.gov.lk/news_update/Current_Affairs/ca201011/20101101sl_mov
ing_ahead.htm

Monday, November 01, 2010 - 9.01 GMT

SL moving ahead in the interest of all its people - US

The U.S. State Department spokesman Assistant Secretary Philip J. Crowley
emphasized that the Government of Sri Lanka now has all the authorities that it needs
to lead Sri Lanka towards a future that involves reintegration of its various
communities and moving ahead in a way that is in the interest of all of the people of
Sri Lanka.

He made this statement during a press briefing on October 29 in response to a

question posed by journalists.

Recently approval was granted by the Cabinet to set up an Inter-Agency Advisory

Group (IAAG) to facilitate the early implementation of the interim recommendations
by the Lessons Learnt and Reconciliation Commission (LLRC).

This independent Commission was established to support the drive towards Sri
Lanka's national unity and reconciliation. The independent eight-person Commission
brings together eminent individuals representing all of Sri Lanka‘s communities.

Its conclusions will be drawn from the experiences and observations of the Tamil,
Sinhalese and Muslim people, who have been affected by the conflict during the past
30 years.

*********************************************************************

http://www.colombopage.com/archive_10B/Nov01_1288623278KA.php

Sri Lanka's Lessons Learnt and Reconciliation Commission to hear from Jaffna
people
Mon, Nov 1, 2010, 08:24 pm SL Time, ColomboPage News Desk, Sri Lanka.

Nov 01, Colombo: Sri Lanka's Lessons Learnt and Reconciliation Commission
(LLRC) appointed by President Mahinda Rajapaksa has decided to hold the next
hearing of the Commission in Jaffna, the chairman of the Commission, President's
Counsel C.R. de Silva disclosed.

The Commission expects to obtain views and accounts of the people in Jaffna at the
hearing scheduled to be held in mid November.

The Chairman said that all facilities will be provided for anyone who is willing to
give evidence before the Commission.

The Commission normally conducts its hearings at the Lakshman Kadirgamar

Institute in Colombo 7.

The LLRC has held public sittings in Vavuniya, Mullaitivu, and Batticaloa. The
Commission held public sessions in Vavuniya on August 14th and 15th and also
visited the welfare villages where around 20,000 displaced people are still housed.

Sri Lankan President Mahinda Rajapaksa in May 2010 appointed the eight-member
Commission to report on the lessons to be learnt from the events in the period from
21st February 2002 to 19th May 2009.
*********************************************************************

http://www.srilankaguardian.org/2010/11/lessons-to-be-learned-from-
lessons.html

Lessons to be Learned from the LLRC.

Posted by Sri Lanka Guardian feature, srilanka 4:38:00 AM

The LLRC has not been mandated to create this ideological ground or to clear this
political space. Instead, it has been mandated to preserve and protect the prevailing
status-quo.

by Surendra Ajit Rupasinghe

Introduction:

(November 01, Colombo, Sri Lanka Guardian) Although we place no confidence in

the State to address the major issues nor provide justice to the cause of learning
lessons and reconciliation, we shall present our views in order to bring out the sheer
futility –and duplicity- of the LLRC. We present our views as an open letter, as
opposed to making direct submissions, since we do not recognize the LLRC as a
legitimate and credible mechanism for achieving its stated objectives- to learn and
reconcile! Yet, we would like to place some political and methodical issues in front of
the public, in order to raise the level of political discussion and debate on the historic
process of post-war learning and reconciling. This process cannot be left to the State,
which is itself a protagonist of the first order. If this process is to reap lasting results,
it has to be open to public debate and discussion leading to a profound process of
agonized reflection, renewal and transformation, nurtured by the desire never to let
such catastrophic human tragedy happen again.

Structure, Composition and Process:

As a note, the structure and composition of the LLRC reflects its mandatory political
bias. Its Mandate and Terms of Reference have been decided unilaterally by the State.
It would have seemed to be legitimate, if at least it was defined in consultation with
political representatives of those who have been victimized by the war. It would have
been legitimate if the Commissioners were selected to represent independent, eminent
citizens who have won the trust and respect of the people, representing all affected
nationalities – Sinhala, Tamil, Moslem and Hill Country ( Malaiyaha) Tamil – since
all these constituencies were severely – in varying degree and form- victimized and
brutalized by the war. The Commission could have been composed of a team of
independent lawyers with proven credentials for defending human and democratic
rights to provide legal and technical advice and assistance in the deliberations and
proceedings. The function of an LLRC is to dispel all fear and anxiety and to
empathize with and encourage witnesses, most of whom are poor and defenseless
victims of war, to speak out, where they would have the confidence that their burning
issues and grievances, would, indeed, be effectively addressed and resolved. Unlike
the ritual series of Commissions of Inquiry that have proven to be just hog-wash.
Second, in a continuing environment of fear of reprisal and repression, effective
witness protection measures and mechanisms should have been put in place, where
witnesses could testify without fear or favor. Thirdly, the proceedings could have
been televised without any form of restriction, so that the whole of society could have
participated, or at least observed, reflected, grieved and engaged, and learnt from the
process. As it is, media coverage – both state and private- has been uneven, selective,
desultory and dismissive. The LLRC has been constructed as a tangential side-show,
as opposed to a process of profound ideological reflection and political transformation.

Externalizing the Process:

More fundamentally, the LLRC would have been legitimate and credible if the State
itself is moving towards learning and reconciling. For this purpose, the State should
present its own analysis of the root causes of the conflict and the origin and genesis of
the politics of separatism, violence and terror. On this basis, it should present a
framework of constitutional-political proposals within which it seeks to eradicate
these historical-structural (root) causes of the protracted civil war, and the consequent
politics of terror, leading the way and laying the foundations towards a radical,
democratic restructuring of the State and political order. As it is, the only piece of
constitutional reform has been the 18th amendment, which has been designed to
entrench and perpetuate a dynastic Feudal-Comprador-Bureaucratic class dictatorship
upon the very same ideological principles and political structures of a centralized,
chauvinist hegemonic State, which is the root cause of the conflict in the first instance.

Eradicating Root Causes:

The majority of people have been drilled to believe that the root cause of the war is
the intransigent and ruthless ‗separatist-terrorist‘ agenda of the LTTE, which simply
had to be militarily liquidated and politically decimated. This view has been
reinforced by the entire spectrum of imperialist, expansionist, reactionary states
regionally and internationally. This view falls in line with the imperialist politics of
the ― Global War on Terror‘, which only serves to cover up the whole history of State
terrorism and the genocidal atrocities committed by these States. This is a purposely
distorted and perversely convoluted diagnosis that turns cause into effect and effect
into cause. If the State and the present regime – and the LLRC- hold the view that the
root cause was the ‗separatist terrorist‘ agenda represented by the LTTE and nothing
else, then there is nothing more to learn and reconcile- except military-strategic
lessons on how best to wage and win ‗anti-terrorist‘ wars and how best to clear the
ground of any future possibility of a Tamil National Question from arising again. If
you turn cause and effect upside-down, then, instead of learning and advancing, you
will be engaged in a futile exercise in self-delusion and deception. If, on the other
hand, we define the problem – the root cause- as the systematic and intensifying
discrimination and violent suppression of the Tamil nation by every successive
government based on strengthening and consolidating a unitary, centralized Sinhala-
Buddhist hegemonic State, which has also discriminated and suppressed the Moslem,
Hill Country ( Malaiyaha) Tamil, Malay, Burgher and other nationalities, then we
have some profound and agonizing lessons to learn and formidable challenges to
confront. We would have to engage in a radical democratic restructuring of the
prevailing state and political order, requiring dismantling and uprooting all structures,
institutions, social relations and practices based on exercising domination, hegemony
and suppression. We would have to create the ground where all these constituent units
shall enter into a free and voluntary union to share this land, and be partners of the
State as equals.

The LLRC has not been mandated to create this ideological ground or to clear this
political space. Instead, it has been mandated to preserve and protect the prevailing
status-quo. Lessons from So. Africa, Northern Ireland, Philippines and elsewhere
demonstrate this process of democratic structural transformation and reconciliation –
even in a limited and truncated bourgeois-democratic form – in addressing issues of
national oppression and subjugation. This is even though the structures of class
exploitation and national oppression have not been eradicated, which would require a
thoroughgoing proletarian revolution.

Politics of Military Conquest:

It is manifestly clear that the principle, policy and approach of the State is to
consolidate and expand the military conquest of the Tamil people by eradicating
Tamil nationhood and bringing areas of historical habitation of the Tamil people
under military occupation. We are confirmed in our analysis, which is corroborated by
many of the testimonies given, mainly by Tamils, at the LLRC proceedings, who have
referred to the continued extensive militarization and permanent occupation of these
areas, the colonization of these areas by Sinhala settlers who had never lived there
before, and the build up of a string of military cantons and settlement of families of
armed forces throughout the region. We are confirmed in our view by the evidence of
whole communities of people who have yet to regain their land and build up even a
rudimentary livelihood. The whole region is studded with broken and traumatized
families who live huddled together in make-shift takaran ( tin) huts, exposed to
torrential rain, scorching heat and epidemic disease. People who had been robbed of
all their personal and productive property. People who live in traumatized agony not
knowing the fate of their loved ones. We are affirmed in our view since there are still
some 9,000 Tamils who are detained in camps against whom no legal charges have
been forwarded. Our view is confirmed by the spread of Buddhist shrines and temples,
where none had existed before, even where there are no Sinhala communities. We are
confirmed in our view and analysis since while literally billions are squandered in
foreign trips and grand tamashas, while billions are being invested in prestigious
mega projects, while the defense budget continues to sky-rocket even after the war,
the vast majority of the Tamil toilers- workers, farmers, fishermen- continue to suffer
in dire poverty, acute malnutrition and deprivation, and deprived of any human
dignity. We are confident in our analysis given that while large-scale, highly lucrative
infrastructural and development projects such as railways, roads, telecommunications
and luxury tourist hotels are being built, the same priority and urgency is not given to
raise the life and livelihood of the masses of destitute and desperate people, who live
without safe drinking water, sanitation, and basic educational and health facilities.

Harvesting the Future:

Finally, genuine national reconciliation cannot be conceived without a transformative
democratic environment, where the freedom and independence of the media, along
with respect for human and democratic rights, in general, is willfully fostered. On the
contrary, what we witness is a willful vendetta carried out against media institutions,
editors and journalists who dare to expose and stand for the truth- at whatever cost!
On the contrary, what we experience is a trajectory of centralization and militarization
of state power, further entrenchment of a political culture of criminal impunity and the
suppression of all dissent, paving the way for the perpetuation of a dynastic
dictatorship. This ground reality, along with the fact that the State is yet to provide a
democratic political solution to the National Question – or even a commitment to do
so- confirms our view that the state is committed to applying and enforcing a
conqueror‘s policy that would subjugate and oppress the Tamil nation on a
qualitatively new and intense basis as never before. In such a case, we conclude that
the LLRC has been designed to ward off mounting international pressure and to
deceive and delude the people. This is, as opposed to a genuine and profound process
of learning lessons, leading to a fundamental democratic restructuring of the State and
political order, where all the nations, nationalities and ethnic-religious communities
constituting the People of Lanka can share this land with equality, dignity, security,
autonomy and democratic freedom. If we do not take this path, instead of
reconciliation, we shall, once again, sow the seeds of division and antagonism, only to
reap the harvest of yet another stage of protracted civil war! Is that the lesson we are
to learn! History will teach us.

( The writer,Secretary, Ceylon Communist Party ( Maoist)

*********************************************************************

http://www.sundaytimes.lk/101031/Columns/political.html

Plans for MR show reign supreme

* University crisis continues as JVP draws UNP into issue

* Battered opposition party starts grassroots rebuilding process in Horana

By Our Political Editor

The United People's Freedom Alliance (UPFA) has embarked on an elaborate

programme to erase the remaining scars of the separatist war that ended last year and
give Sri Lanka a 'new face'.

Gone are most of the Military and Police checkpoints in the City of Colombo, an
eyesore that belied normalcy. Those in the outer city and principal towns face closure
in the coming days. Most troops who held assault rifles to ward off threats to national
security will now engage in development projects. Police in principal towns,
including the capital Colombo, have already embarked on beautification programmes.
They are summoning residents in their police areas and asking them to keep the
streets and drains clean and to prune branches and put flower beds outside their homes;
they are helping to bring down unauthorised structures whilst other state agencies are
widening roads and building pavements.

Troops and Police are also joining health authorities countrywide in the campaign
against the spread of dengue.

With just over two weeks for the swearing in of President Mahinda Rajapaksa, for a
second term, the tempo is increasing. When the weeklong celebrations to mark the
event begin on November 15, a programme to plant 1.1 million trees countrywide
within just eleven minutes will get under way. Titled Peyata Sevana, this programme
will be carried out in all districts beginning at the auspicious time of 10.07 a.m.

Colombo's Independence Square will come alive. At the historic Independence Hall,
religious ceremonies will take place for three days beginning November 17.

A ministerial team headed by former Prime Minister, Ratnasiri Wickremenayake,

decided this week to request G 15 member countries to send representatives for the
swearing in ceremony. The G15, is a group of 17 developing countries from Asia,
Africa and Latin America, set up to foster cooperation and provide input for other
international groups. Such groups include the World Trade Organization (WTO) and
the Group of Seven rich industrialized nations. Also being invited are representatives
from the South Asian Association for Regional Co-operation (SAARC) and the
Commonwealth.

The Ministerial team has decided that during the morning of November 19, schools
countrywide will hold a special assembly before classes begin. That will include a
briefing to the students on the significance of the swearing-in and religious
ceremonies. Rajapaksa will take his oaths at an auspicious hour past 10 a.m. on that
day. About 5,000 invitees are expected to watch the event in the areas outside the
Presidential Secretariat, the former Parliament building. At that moment, a ship will
leave from the Galle harbour to the Hambantota (Magampura) port with members of
the Buddhist clergy chanting Sagara Pirith. Grama Sevakas (village level government
officials) have also been told to organise public functions in their areas.
UNP Deputy leader Karu Jayasuriya having lunch with party members and people of
Horana as the first stage of the Grama Charika programme yesterday. Pic. by J
Weerasekara.

Rajapakasa left for China on Friday. He will attend the Shanghai trade fair and fly to
Beijing for a meeting with Prime Minister, Wen Jiabao. His visit also co-incides with
another important event, the China Overseas Investment Fair that begins in Beijing on
November 2 and ends the next day. It is being held at the China World Trade Centre.
The main objective of this fair is to increase investment between China and foreign
countries and to invest money in the least developed countries. This fair is seen as a
platform for Chinese companies to enhance their investment and to make a path for
their success.

UPFA sources said Rajapaksa would also hold talks with the Chinese Premier amidst
reports that further Chinese financial aid is on the cards. That it comes ahead of the
budget Rajapaksa will present in Parliament on November 23 has added significance.
The same sources said there would be a relief package to the poorer sections of
society and a pay increase for public sector workers. Ahead of the budget, the prices
of cigarettes and alcohol have already been increased by the Ministry of Finance.
During his new term, Rajapaksa is expected to make a few changes in the Cabinet.
Among the new faces, according to the same sources, are two former UNPers - Abdul
Cader (Kandy District) and Lakshman Seneviratne (Badulla District). Other names
being mentioned are Rauf Hakeem, leader of the Sri Lanka Muslim Congress (SLMC),
Mahindananda Aluthgamage (Kandy Disrtrict) and Dilan Perera (Badulla District).
An even more significant move in the efforts to create a 'new face' was a decision
taken by the Cabinet on Wednesday night. It came seven weeks after the Lessons
Learnt and Reconciliation Commission (LLRC) submitted an "interim report." In a
letter dated September 13, 2010, signed by its chairman C.R. de Silva and members
H.M.G.S. Palihakkara, Dr. A.R. Perera, M.P. Paranagama, Ms. Mano Ramanathan,
Prof. Karu Hangawatte and M.I.M. Bafiq, they told President Mahinda Rajapaksa that
in the Commission's view there are "some issues which deserve urgent attention."
They said, "Immediate action on these issues, would provide relief and engender a
sense of confidence among the people affected by the conflict." It would also provide
an impetus to the reconciliation process envisaged in the mandate of the Commission,
they added.

It was External Affairs Minister, G.L. Peiris, who forwarded a Cabinet Paper for last
Wednesday's meeting. It said: "The Commission on 'Lessons Learnt and
Reconciliation," which was established pursuant to the Warrant dated 15th May 2010
issued by H.E. the President, commenced its public sittings from 11th August 2010
onwards. The sittings have included as well field visits to several locations in the
North and in the East, including places of detention, rehabilitation and IDP welfare
centres. On the basis of its work, the Commission submitted an Interim
Communication on 13th September 2010 to H.E. the President. A copy of this
Communication is attached.

"It would be observed that the Communication has the following salient elements. (a)
measures pertaining to disposing of the cases of persons in detention as expeditiously
as possible, without deviating from due processes. The taking of steps at the same
time to keep family members always informed, in case there is a change of detention
venue;

(b) assuring the public on land issues through a Government Statement that private
land would not be utilised for settlement by any Government agency;
(c) strengthening the maintenance of law and order in the formerly conflict affected
areas, through the disarming of any illegal armed groups;
(d) resolution of administration and language issue.
(e) encouraging socio-economic progress and facilitating livelihood efforts through
improvements to the co-ordination and communication between the Agencies
involved in the normalisation process, while also affording ever greater opportunities
for participation in economic and other activities, through the free movement of
persons on the A-9.

"The recommendations contained in the Interim Communication echo the policies of

the Government as well. Thus, the collection of unauthorised weaponry is an on-going
process that began in the East and is now continuing in the North as well. The High
Security Zones are being progressively reduced in extent and land in such areas is
available to be restored to due ownership, or to be allocated for social and
developmental needs.

"Approximately 5,120 of the 11,696 LTTE cadres who surrendered themselves at the
end of the conflict in May 2009 have already been released. Those releases come in
the wake of a dedicated unit having been established in the Department of the
Attorney General, with the association of the other concerned Agencies. The process
of normalisation is under way and the Government is working towards ensuring the
language rights of all citizens, as per the Constitution.

It would accordingly be appropriate that these processes that are under way should be
further strengthened, so that the recommendations in the Interim Communication
from the Commission are implemented through practical measures. It may be noted in
this regard that with a view to implementation, directions have already been given to
the relevant Government Agencies to take appropriate measures without delay. In
order to facilitate this endeavour, it is proposed that an Inter-Agency Advisory
Committee consisting of the following should be established.

(a) the Hon. Attorney General - Chair

(b) Secretary / Defence
(c) Secretary, Public Administration and Home Affairs
(d) Secretary / Justice
(e) Secretary / Economic Development
(f) Secretary/Presidential Task Force for Resettlement, Development and Security in
the Northern Province.
(g) Secretary / Rehabilittion & Prison Reforms
(h) Secretary/External Affairs

The LLRC, in its letter to President Rajapaksa, also noted that "there are persistent
complaints pertaining to persons being held in detention for long periods without
charges." It added, "A major concern raised before the Commission was the fact that
many people did not know the whereabouts of family members in detention as they
were constantly being shifted from camp to camp." To overcome this situation, the
LLRC recommended three different courses of action. They are:

* Publishing a list of names of those in detention.

* When a person is discharged a certificate be issued so that the same person is not
taken into custody again, unless new evidence is discovered against him for being
linked with the LTTE.
* To look into the general issue of laws delays (to expedite prosecution or
discharge detainees).

The LLRC's Interim Communication has also dealt with the law and order situation in
the liberated areas. It has said, "It was brought to the attention of the Commission that
despite the end of the conflict significant issues of law and order still remain. There is
apprehension in the minds of people due to continuing acts of extortion, abduction
and other criminal acts by armed groups. The Commission recommends that specific
measures be introduced to ensure the maintenance of law and order in these areas;
particularly the disarming of any illegal armed groups. The Commission regards this
as a matter of high priority."

Though President Rajapaksa appointed the LLRC, it is noteworthy that it is External

Affairs Minister, G.L. Peiris who presented the cabinet paper to give effect to the
recommendations in the 'Interim Communication'. He has been vested with the task of
conveying to foreign governments the steps being taken by Sri Lanka to address post
separatist war issues. This is particularly in the light of the ongoing probe by a three-
member United Nations panel into so-called war crimes allegedly by troops and Tiger
guerrillas during the final phases of the separatist war in May last year.

In fact, even before the Cabinet decided on the matter, Prof. Peiris had briefed his
British counterpart, William Hague last week on the role played by the LLRC.
However, the British Foreign Secretary was to articulate his government's position
that there was a "need to have a credible and independent process to address
allegations of violations of international humanitarian and human rights laws during
the conflict." During a meeting the same week with the Opposition Leader Ranil
Wickremesinghe, Hague had added that whether the Labour or Conservative party
was in power, Britain's Sri Lanka policy has not changed. The UPFA insists that there
is no need for a UN panel since the LLRC has already undertaken the task. Even
before it had concluded its sitting, the Commission was making interim
recommendations for urgent action.

Adding to British Foreign Secretary's remarks was Prime Minister, David Cameron.
In the House of Commons, during the weekly Prime Minister's Question time, Ms.
Siobhain McDonagh, asked him "As a former PR man would the Prime Minister
agree with me that no matter how much Bell Pottinger tries to spin the Sri Lankan
government, that the demands for an international, independent war crimes tribunal
intensifies as more evidence of alleged assassinations and civil rights abuses come
out." Premier Cameron replied, "I think the Hon. Lady makes a fair point. We do not
see an independent investigation of what happened. Everyone has read the papers and
seen the tv footage, but we need an independent investigation to work out whether
what she suggests is right."

In the light of this, External Affairs Ministry officials say, Peiris' efforts to secure a
meeting for President Rajapaksa with Premier Cameron did not materialise. This has
been one of the main reasons for the British visit by Peiris. President Rajapaksa is to
travel to Britain in December to address the Oxford Union. High Commissioner in
London Nihal Jayasinghe insisted yesterday that the President will be addressing the
prestigious Oxford (Debating) Union and not any of the lesser associations at Oxford
University that have booked the union hall.

University crisis

Fears that political groups were using university students to resort to violence and
thus muddy the atmosphere during the swearing in ceremonies has prompted the
Government to take a tough stance. President Rajapaksa presided over a conference of
Vice Chancellors of universities to discuss the matter. It was pointed out that the
Janatha Vimukthi Peramuna (JVP) backed Inter University Students Federation (IUSF)
was at the root of a string of incidents. The meeting was also attended by Police Chief,
Mahinda Balasuriya.

Later, at a discussion with senior Police officials, Balasuriya ordered the arrest of
Udul Premaratne, convenor of the IUSF. Reports with the Police said there was
evidence of his involvement in allegedly instigating the students. To avoid
accusations that the arrest would be perceived as a crackdown on political opponents,
Police sought an order from a Magistrate. He, however, said such an order was not
necessary and the Police could carry out the arrest if they had evidence that the person
concerned violated the law. A second application, however, was allowed.
Remanded university students being taken back to jail after they were produced in
court in connection with the attack on higher education ministry officials. Pic. by
Sanka Vidanagama.

Whilst the Police were busy preparing for the arrest, a development of some
significant proportions was taking place. The Janatha Vimukthi Peramuna (JVP),
which has distanced itself from the United National Party (UNP), in its campaign to
have former General Fonseka released from jail, was knocking at the UNP door
through the IUSF, its student body. A delegation led by Udul Premaratne was seeking
a meeting with Ranil Wickremesinghe and his party seniors. The UNP leader, who
was to leave for engagements in Kandy on Friday, entrusted the task to his deputy,
Karu Jayasuriya.

When Jayasuriya learnt that the delegation would include student bhikkus, he made
sure some of the chairs where the IUSF delegation would sit were covered with white
cloth. On hand to help him when the meeting got under way, were General Secretary
Tissa Attanayake and Ruwan Wijewardene heading the committee on UNP youth
reforms .

Jayasuriya was judicious in explaining the UNP position. He said his party
unreservedly condemned the assault on the Vice Chancellor of the Ruhuna University,
Professor Susirith Mendis and other alleged acts of violence by students.

However, he said the UNP was willing to address the genuine grievances of the
university students. The assault and other incidents of violence had embarrassed even
the JVP . So much so, JVP frontliner Anura Kumara Dissanayake said his party did
not endorse all what the students did but was only protesting against what he called
the repressive measures of the Government.

Yet, both the JVP and the UNP did not seem to realise the gravity of the situation
created by student violence. Firstly, neither side thought it fit to issue statements
condemning the assault on Vice Chancellor Mendis or on the forcible occupation of
the Higher Education Ministry by the students. If not condemn, they could have at
least called upon students to be restrained and resolve their issues through dialogue.
Even worse, any attempts at escalating the violence would have only affected the
public at large. It would have given sufficient justification for the Government to re-
introduce military and police checkpoints and revert to stringent security measures.

Udul Premaratne was arrested just as he stepped out of the UNP headquarters at Pita
Kotte. Factions in the UNP were critical of Jayasuriya for entertaining the IUSF
leaders inside the party headquarters and allowing them to use the premises to hold a
news conference when their actions hadn't won public sympathy.

The past weeks have seen a series of incidents where university students were
involved. In June this year, Police arrested four students of the Peradeniya University
after they reportedly jeered at S.B. Dissanayake, Minister of Higher Education, who
visited the campus. Kandy High Court Judge Keerthi Padman Surasena refused to
release them on bail.
At the Ruhuna University, six students have been remanded for assaulting Vice
Chancellor Mendis. Three have been placed in remand custody for this alleged assault
whilst the university authorities have suspended six more students. At the Rajarata
University Management Faculty, two student groups clashed with each other. Vice
Chancellor K.N. Nandasena called in a 400 strong police unit to "ensure a peaceful
atmosphere when examinations were conducted." Nineteen students who were
involved in the incidents were suspended.

At the Kelaniya University, students defied a request by the authorities to vacate their
halls of residence. The Police obtained a court order to evict them triggering off a
student protest. An unidentified group severely assaulted a student leader and later
whisked him away in a three-wheeler scooter. At the Sri Jayawardenapura University
in Wijerama, Nugegoda, a group of student monks allegedly assaulted a Sub Warden
of the hostel. He was admitted to the Colombo South Hospital in Kalubowila. The
incident had occurred when the Vice Chancellor N.L.A. Karunasena made a surprise
visit to the monk's hostel.
In the wake of the string of incidents involving the students, a joint approach by the
UNP and JVP over the issue seems highly unlikely. Yet, it is significant that the party
hierarchy gave a nod to the IUSF to test the waters. The strain in relationship caused
by the Fonseka issue remains a sore point. So much so, some JVP leaders vowed to
take on Ranil Wickremesinghe for his remarks to the UNP's Working Committee that
Democratic National Alliance (DNA) Secretary, Tiran Alles, sought government help
to relax security on the day the DNA staged a mass protest. Alles, who told JVP
leaders he had not done so, has since left for Britain.

UNP goes to the village

For the UNP, the pre-occupation this week was on its new project to win back lost
grassroots level support - Grama Charika (Rural Visits). During the two day event
which began in Horana yesterday, party leaders live in the homes of their supporters
and discuss a wide variety of issue. It began yesterday with deputy leader, Karu
Jayasuriya and others calling on the senior most UNP member in the district,
Indradasa Hettiaratchchi. Later, they visited a temple. A Bala Mandala meeting and
an eye clinic was also held.

Today, they will have a field lunch where their leader, Wickremesinghe will also take
part. Jayasuriya and other party leaders stayed in the homes of party supporters in
Horana.

Though he served in a Committee that formulated the modalities of the Grama

Charika programme, leading dissident Sajith Premadasa (MP-Hambantota) was to
criticise it. He told the Island newspaper of October 20 the programme is nothing new.
"The party leadership has failed to realise that such ad hoc measures wouldn't make
any difference on the ground." What we need, he said, is a genuine change in our
strategy. There is absolutely no point in adopting dilatory tactics," he said.

Angered by the remarks, Jayasuriya told a delegation of office-bearers of the UNP

Professionals Group the Wednesday before last, that Premadasa was a member of the
Committee that had agreed to Grama Charika. It had later been endorsed unanimously
by the Working Committee. He said that young Premadasa's separate village-level
meetings were running parallel to the Grama Charika which was officially endorsed
by the party's Working Committee and would show that the party remained divided
on every issue.

However, at a news conference on Thursday, Jayasuriya stuck a more conciliatory

note saying all were welcome for the event. He said that more UNPers going to the
village was better for the party.
Premadasa had his own rally in Horana on Thursday. He also visited two Gam Udawa
(village re-awakening) sites built by his late father. Yet by a strange co-incidence,
Premadasa also struck a conciliatory note. Like most other UNP seniors, he made the
media the scapegoat. He told the Sunday Times, "The media has concocted a story
that I am on a different path from the UNP. I am with the Grama Charika programme
formulated by the Party to go to the villages. I am a politician who has championed
this cause .On Thursday I was in Horana where I visited three model villages built
during the tenure of my father.

"I am more of a part of the UNP than the new comers to the party. I will be attending
the meeting (Grama Charika rally at Horana) on Sunday. I have also started a
programme "Sasunata aruna" on the lead up to the 2600 Sambuddha Jayanthi next
year. We are giving Rs 50,000 to needy temples for their development work and two
of the beneficiaries so far have been the Mau Gama Batuwita temple which is my
grandmother's village and the Aruna Gama temple while on Sunday too I will be
assisting two other temples in the same area namely the Palpitigoda Nandarama
Viharaya and the Nimlagama Sri Madura Sama Viharaya."

The momentum over the 'Release Fonseka Campaign' seems to be slowing down
though both the UNP and the JVP have not given up their efforts. On Friday, the
Supreme Court rejected Fonseka's petition challenging the outcome of the presidential
election of January 26.

The five Judge bench headed by Chief Justice Asoka de Silva and comprising Justices
Shirani Bandaranayake, K.Sripavan, P.A. Ratnayake and S.I. Immam dismissed the
petition. The petitioner claimed that there were several malpractices and incidents that
occurred during the elections. He also said there was also thuggery and most of the
Government property and vehicles were used in support of President Mahinda
Rajapaksa. This was against the rules and regulations laid down by the Elections
Commissioner and therefore the Election was not free and fair, he alleged.

Fonseka however was left stranded after his arrest with even the JVP distancing
himself from the election petition. Eventually, some steadfast UNP lawyers who came
to his assistance and held on to what was going to be what one of them conceded was
a "leda case" (troublesome case).

They were scratching their heads contemplating the logistics of finding, keeping in
safe custody and bringing to court witnesses to prove their case. Without any proper
backing, the Supreme Court rejecting the case in limine, i.e. due to a technical defect
in the Petitioner's case probably came as a relief even to Fonseka's own team.
His remaining legal battles will however continue in the High Court, the Appeal Court
and the Supreme Court while on the political front, the parties seem to march to
different drums in what appears to be the somewhat waning support for the victorious
former Army Commander.

*********************************************************************

http://www.srilankaguardian.org/2010/10/sri-lanka-where-do-we-go-from-
here.html

Sri Lanka – where do we go from here?

Posted by Sri Lanka Guardian feature, Lynn Ockersz, opinion, Politics 6:21:00 AM

by Lynn Ockersz

(October 31, Colombo, Sri Lanka Guardian) Whither post-war Sri Lanka? This is the
issue that most local minds are grappling with currently and it is only be expected that
most Lankan eyes will be on the Lessons Learnt and Reconciliation Commission
(LLRC), which was launched by the Lankan government subsequent to the conclusion
of the 30 year anti-separatist war, with the prime intention of gleaning lessons and
insights from local efforts at defusing the separatist conflict, for the purpose of
national rejuvenation.

As could be seen, the LLRC exercise is proving useful in that a number of groups and
persons with an interest in seeing Sri Lanka rising energetically from the ashes of war,
have testified and made representations before it and no excuses could be trotted out
by the state and other important actors on the local political stage, if they have been
giving ear to the LLRC, that they do not have enough information and knowledge on
the gut issues in our conflict to act on. It must accrue to the credit of Lankan Foreign
Minister Prof. G.L. Peiris that he has lost no time in calling the attention of the
international community to the importance of the work undertaken by the LLRC. The
task before the Foreign Minister is quite onerous because a number of foreign actors,
including human rights groups, have, with some justification, cried ‗foul‘ at the
Commission and have been constantly harping on its perceived inadequacies.

At this point in time it is important that both parties to this debate do not engage in
destructive criticism of each other. While the Lankan state would need to ensure that
the LLRC carries out its mandate impartially and even-handedly, by listening to all
parties to the conflict, drawing the necessary inferences and if necessary coming
down hard on any state agencies, actors or personalities who have been acting in
violation of the laws of the land, the international community on its turn should
sooner rather than later perceive the strengths of the Commission.

Numerous are the insights that are being thrown up at the LLRC sittings on how the
Lankan situation could be changed for the better and it is the view of this writer that
one of the most vital of such perceptions was voiced by no less a person than LLRC
Chairman C.R. de Silva when he said that the need of the hour is equal rights among
all Sri Lankan citizens. It is our hope that this crucial input would be acted on by the
Sri Lankan government because ethnic conflicts basically derive from inequality of
condition and opportunity among communities and if Sri Lanka is to enjoy a degree of
domestic stability in future, equality in all its vital senses must reign in Sri Lanka.

It is important that the world community gives careful thought to Foreign Minister
Peiris‘ position that on the issue of resolving intrastate conflicts, there could be no
uniformly enforceable solutions; that is, there could be no single conflict resolution
formula that could be used in all such situations. The Minister has emphasized that
these conflict resolution mechanisms should be in keeping with the ‗historical
antecedents and cultural traditions of the respective societies‘, and this needs to be
taken into consideration by the international community because the specific features
of each conflict situation vary widely from each other.

However, the foremost task before the Lankan government in this context is to ensure
that justice will be meted out to all of Sri Lanka‘s communities on the basis of the
‗lessons learnt‘ by the Commission. In other words, the LLRC should not be allowed
to go the way of most other local Commissions of Inquiry and prove a mere time-
buying, sham exercise. There is no getting away from the need to ensure the dignity
of all Sri Lankan citizens, and the LLRC, we hope, would make concrete
recommendations in this direction which would be acted on by the government of Sri
Lanka. It is then that the Lankan state would win the good will of all, including all
sections of the Tamil Diaspora. For instance, concrete measures should be taken by
the government to end discrimination in all its dimensions – ethnic, language, caste
and religious - in the short and medium terms.

While ending discrimination of all kinds and ensuring the dignity of all is integral to
national reconciliation and nation-building efforts, it is all too clear that Sri Lanka‘s
anti-terror war has raised some questions that go to the heart of International Law and
practice. One of these relates to the ‗asymmetries‘ that emerge in intrastate armed
conflicts where states are compelled to take on non-state actors, such as separatist
militant organizations, which are, of course, not obliged to observe laws of any kind,
while it is incumbent on the state to do so. Thus, the state is forced to fight its enemy
‗with its hands tied‘. Once again, the Lankan Foreign Minister has done well to keep
this issue alive before the international community. While focusing on the changing
nature of contemporary conflicts, he has drawn attention to the fact that today there
are no inter-state conflicts as such but intra-state conflicts, where states are compelled
to pit themselves against unrelentingly violent non-state actors which are ‗a law unto
themselves‘. How could International Law, the basic principles of which are based on
the conception that the nation state is the basic unit of the international political order,
be modified or reformed to deal with intra-state conflicts which are rampant in
modern times?

While the above issue needs to be debated internationally, the reflection forces itself
on the objective observer that in order of priority, states would do well to ensure that
the conditions that lead to conflict and war are minimized within their borders first. If
states are increasingly democratized and turned into inclusive ones where
communities and individuals could realize their just aspirations and ideals, there
would be no need for armed confrontation within states. This is all the reason why the
Lankan state should now give priority to working out a political solution.
However, Prof. Peiris could be said to have gone the extra mile to enlighten the
international community on some post-war features that could be said to be unique to
Sri Lanka, which have gone unnoticed. While addressing a forum at the Centre for
Security Analysis in Chennai recently, for instance, he drew the attention of his
audience to the absence in Sri Lanka of what may be called the post-war proliferation
of small arms. This is a problem among most countries in Asia, but Sri Lanka has
ensured the non-proliferation of small arms after the war. This is due to the adept
handling of the law and order situation, he said. Likewise, Sri Lanka is ensuring that
IDPs, ex-combatants, the Diaspora and the like, do not take on the nature of
unmanageable issues.

The Sri Lankan state, he said, has also not allowed armed groups to collaborate in the
post war situation – something which most other states do not manage efficiently in
this region. Besides, there is no outflow of refugees from Sri Lanka and the latter is
ensuring the security of her sea lanes. There is no piracy, people smuggling and the
like and this too is a feather in the cap for the Lankan state, he explained.

These issues, the Foreign Minister claimed, have been handled so effectively by Sri
Lanka that there is no prospect of war erupting here. But an LTTE rump remains
active abroad and these are continuing to take up the cause of Eelam. Such groups
have been active in Canada, North America and Britain. These groups possess vast
financial resources and wield a considerable communications network. Such groups
could harm Sri Lanka‘s interests and it is up to the international community to deal
with them., the Minister said.

At a time when there is a widespread sense of complacency over the poverty issue, the
Lankan Foreign Minister did well to also draw attention to the economic dimension in
human rights. He did so during an address on the occasion of the 65th anniversary of
the UN in Colombo recently. There has to be some resilience, he said, in adapting the
ideals of the UN to suit the modern social and political context. Today it is necessary
to reduce inequalities and to give full practical expression by emphasising the
economic aspect. While engaging in the task of eradicating inequalities it is important
to remember the words of Mahatma Gandhi that poverty is the worst form of violence.
We have to ensure the flowering of the humanity of the people by ensuring that
poverty is alleviated.

These are important words coming from the Foreign Minister in this era of economic
globalization, when the masses are believed to be having better times. Nothing could
be farther from the truth. Inequalities breed conflict and war and nothing could be
more correct than to wage a war on want and thereby bring down the possibility of
conflict and armed confrontation. In order of priority, poverty and want should be
addressed by states, for, this is the path to internal stability.

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http://www.asiantribune.com/news/2010/10/31/remaking-old-mistakes-post-war

Remaking Old Mistakes, Post-War?

Sun, 2010-10-31 13:37 — editor
 * News Analysis

By Tisaranee Gunasekara

Without a successful resettlement process, Sri Lanka cannot enjoy a lasting peace.
And yet, the Rajapaksas seem to be according a rather low priority to the task of
resettlement. In the 2011 budget, the Ministry of Resettlement has been allocated a
paltry Rs. 2.4 billion, placing it near the bottom of the Rajapaksa budgetary totem
pole.

Resettlement involves not just the resetting the displaced in their old habitats, many of
which had been severely damaged, if not totally destroyed, by the war. Resettlement
will not be complete if the resettled are not provided with adequate assistance to begin
their lives again. How can normalcy return to the former war zone, if there is a severe
dearth of houses for the displaced, schools for children, hospitals for the sick and jobs
for youth? How can hope survive in such a desolated landscape?

Development assumes an added importance in the absence of a political solution to

the ethnic problem. And a political solution is unlikely to happen, so long as the
Rajapaksas are in the saddle. The Rajapaksas do not believe in the existence of an
ethnic problem. They subscribe to the Sinhala supremacist viewpoint which attributes
the war solely (not even primarily) to Tiger terrorism. Now that Tiger terrorism has
been defeated, there are no more exclusively Tamil issues to be resolved, according to
this worldview. Is it realistic to expect the Rajapaksas to offer a solution to an ethnic
problem which, according to their perception, does not exist and never existed?

―Tens of thousands of war widows cannot be reached due to lack of funds, say
officials, despite efforts to help them adjust to life after the conflict in the Northern
and Eastern Sri Lanka‖. - IRIN News (26.10.2010)

In the absence of a political solution, Tamil grievances and Tamil fears will remain
unaddressed. Such a politically nihilist approach may have a marginal chance of
producing a stable peace, if it is accompanied by a massive and speedy development
which benefits the people in the here and the now rather than at some unspecified
future date. This would entail the prioritising of housing, health, education and
poverty alleviation. There would have to be a massive building programme, of a
different sort – houses, schools and hospitals, small roads, electricity and sanitation. It
would also mean providing employment and self-employment opportunities for the
people. In other words a development effort which is more akin to the Premadasa
model rather than those of his predecessors or successors (including the Rajapaksas),
a model which places the man, instead of the either the state or the market, at the
centre of the economy.

No Political Empowerment

In the South the peace dividend is conspicuous by its absence. Prices remain high,
employment opportunities are scarce and living conditions deteriorating. Still, the
South and its people were not as affected by the war as the North-East and its people.
And Southern Sinhalese can draw some consolation from political factors – the
conclusive defeat of the Tigers, the imposition of a Sinhala supremacist peace (Pax
Sinhala). Patriotism cannot be eaten but it can make the hunger pangs bearable, at
least for a while. The Sinhala majority feel safer and prouder currently than they have
done for a long time. This mirage of wellbeing may eventually vanish, conquered by
really existing economic deprivations. But that day is still not here and will not be
here for a while more.

None of these consolatory factors apply in the North. Tamils in particular (and
minorities in general) have not been so powerless and helpless, perhaps since
Independence (even in the dark days after Black July, they could depend on the active
support of India). The powerlessness of the democratic Tamil polity was best
demonstrated when the Tamil Political Parties Forum (which includes government
allies such as the EPDP and the TMVP) felt compelled to ask the visiting Indian
Foreign Secretary to ―prevail upon Sri Lankan government to engage the elected
representatives of the Northern and Eastern provinces in the resettlement and
rehabilitation work‖ (Daily Mirror - 3.9.2010). It is significant that this help was
sought not to bring about a political solution but to persuade the Rajapaksas to involve
the elected representatives of the North and East in the resettlement and rehabilitation
work of the North and the East! This incident suffices to demonstrate the degree to
which Tamils (including very pro-government and very anti-Tiger Tamils such as the
EPDP) have been marginalised by the Rajapaksas, post-war.

The tragic politico-economic condition of the Tamils was verbalised in the LLRC
presentation made by D Siddhartan, one-time Tamil militant turned anti-Tiger and
pro-government politician: ―Today nearly one-and-a-half years later, there is still no
sign of a political solution to the problems faced by the Tamil people. Similar
hardships are being faced by the Muslim community and the Upcountry Tamils…..
Many Tamil people, Tamil groups, political parties and militant groups helped
successive government in its efforts, believing that a political solution would be
offered by the government of the day. ? Unfortunately today the contributions of all
groups have not been recognized nor are the groups consulted in the search for a
solution to this vexing problem which has eluded the country since independence…..
It appears the majority community seem to believe they have conquered the Tamils
and therefore their problems could be brushed aside‖.

The self-congratulatory speeches by government politicians, their grand rhetoric can

hide the Northern reality from the South and perhaps the world, but not from
Northerners who experience it in their daily lives. Such as the absence of freedom and
democracy, despite the end of the war, as the fiercely anti-Tiger veteran Tamil
politician, Mr. Anandasangaree, pointed out in his presentation to the LLRC: ―People
are now gradually losing the happiness that they got with the defeat of the LTTE. The
problem now is, they are scared to come out of their homes. They can‘t talk; there is
no freedom of speech; they have no freedom of movement; for people are not allowed
to go anywhere they want to…. The people are not free now. The people want to be
free; that is what they want first‖.

The militarization of the civil administration has turned the North into a de facto
occupied territory. The setting up of new military camps and cantonments and the
consequent ballooning of defence costs will have to continue, so long as a political
solution is absent and even economic development is tardy and woefully inadequate.
How can an increasing disaffected populace be kept quiescent except by force? As Mr.
Anandasangaree points out, ―Our problem is 50 years old. Everyone knows what it is;
everyone knows what is acceptable as a solution. If something unacceptable is
brought as a solution, the Army camps will have work to do. If a satisfactory solution
is presented, Army will have no work to do at all…. ―.

No Economic Development

In the absence of political empowerment, economic development assumes added

importance. But this vital task is hampered by many absences, not least of adequate
funds. For instance, according to official estimates, there are 89,000 war widows in
the North and the East and they and their families need help to rebuild their lives. And
yet, help is not forthcoming, because the budgetary allocations are woefully
inadequate. According to the Deputy Minister of Child Development and Women‘s
Affairs, ―Where do we find money to restore livelihoods? My ministry does not have
the needed funds to do this… Funds are our biggest problem to commence major
support programmes for widows‖ (IRIN News – 26.10.2010). This year the allocation
for this key ministry is a paltry 987 million (i.e. not even a billion), and the war
widows will continue to be mired in poverty, unless the international community steps
in.

The President has often told the world that the Tamils are his concern and that the
world need not worry about them. And yet, without international assistance, the
economic plight of the Tamils would have been unimaginably worse. For instance,
―the UN Industrial Development Organization has put aside US$800,000 to fund
microcredit and small business support to widows. ‗There is a huge need for
providing sustainable livelihoods for thousands of widows and we are doing our
best,‖ said the agency‘s national programme coordinator…‖ (ibid). Even the vital task
of building houses for displaced Tamils has been largely allocated to India. The actual
situation in the ground is totally at variance with the President‘s proud boast – unless
what he really means is that he has the sovereign right to keep Tamils in poverty and
want, and the world does not have the right to object.

Instead of helping Tamils to help Sri Lanka, the regime is denying even economic
justice to the Tamils. A good case in point is the forcible use of Tamil owned lands in
the North for the building of cantonments and Buddhist temples. As Mr. Siddharthan
pointed out, ―We are also deeply concerned about the sudden mushrooming of
Buddhist temples in areas where no Buddhists live… A good example of this is the
land being allocated to construct a Buddhist temple in Mullaithivu (Vadduvahal Jnc.)‖.
There also seems to be a clear trend of discriminating against local people, even in
economic matters; for instance, according to Mr. Siddhartan, ―In the Wanni area
inland fishing is denied to the local people. We have a peculiar situation where non
residents living miles away from the tanks and other inland waterways have been
given the sole right to fish in these waters, whereas the local people are prohibited
from even approaching the tanks by the military…. For example at Muthayankaddu
kulam the tender for inland fishing has been awarded to a person from the south!‖

The militarization of the civil administration makes matters worse, as Mr.

Andandasangaree explained: ―Now the GA has to get permission from the Army
officers. Who is the Army officer? What does he know? I will give a very clear
example. Iranamadu tank caters to the need of about 25 to 30,000 acres of Paddy land.
If anyone meddles with the supply of water, that is the end of cultivation in
Kilinochchi. But someone had proposed that Iranamadu water should be brought to
Jaffna for drinking purposes. I don‘t think anyone in Jaffna ever complained of water
shortage - drinking water shortage. There are a couple of villages here and there
which falls dry. Their problem is solved with a couple of bowsers. If they want they
can have 2 more to overcome the shortage. To bring water at such a large expenditure
all the way from Iranamadu to Jaffna…‖ This is not a formula for peace and stability
but a recipe for another disaster. But then, what else have we been doing since the end
of the war, except the repeating of old mistakes?

What is needed in the North and the East, especially in the absence of political
empowerment, is our version of the Marshall Plan. The Marshall Plan was in
operation from 1947 to 1951 and by 1952, the economic performances of target-
countries have surpassed the pre-war levels. The stability which came to Western
Europe, post-war, was largely a product of this spectacular success. Historian Tony
Judt has pointed out that post-World War II, Europe could have succumbed to a
depression or become enmeshed in a Third World War (as it did post World War I),
had it not been for the Marshall Plan, which provided ―crucial support at a crucial
moment‖, enabling Europeans to ―break decisively with a legacy of chauvinism,
depression and authoritarian solutions‖(Post War – A History of Europe since 1945).

- Asian Tribune -

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http://www.island.lk/index.php?page_cat=article-details&page=article-
details&code_title=10197

AG will chair multi-disciplinary committee on LLRC recommendations

October 30, 2010, 7:36 pm

The Lessons Leant and Reconciliation Commission (LLRC) last week released the
text of its September 13 confidential letter to President Mahinda Rajapakse
constituting what it called "an interim communication containing a few
recommendations for Your Excellency‘s consideration."

All eight commissioners have signed this letter which outlined "some issues which
deserved urgent attention" saying that immediate action on these issues would provide
relief and engender a sense of confidence among the people affected by the conflict
and provide an impetus to the reconciliation process.

The recommendations made deal with issues include detention, land, law and order,
administration and language and socio-economic/livelihood.

Last week, the cabinet approved a paper submitted by External Affairs Minister G.L.
Peiris to establish an inter-agency advisory committee to facilitate the implementation
of the interim recommendations of the LLRC.
"Given the multi-disciplinary nature of the recommendations, the Inter-Agency
Advisory Committee chaired by the Attorney General, will consist of Secretaries to
the Ministries of Defence, Public Administration and Home Affairs, Justice,
Economic Development, Rehabilitation and Prison Reforms, External Affairs and the
Secretary to the Presidential Task Force for Resettlement Development and Security
in the Northern Province," the ministry announced.

"The Government of Sri Lanka is of the view that the recommendations of the
Commission‘s Interim Communication give impetus to the reconciliation process that
is already underway, while helping to provide relief to those civilians affected. These
objectives had been envisaged by the government, when defining the mandate of the
commission."

In the context of persistent complaints of persons being held for long periods without
charges, the commission has recommended a special mechanism be created to
examine such cases case by case and recommend a course of action regarding the
disposal of each case as appropriate.

The establishment of a focal point in the Attorney-General‘s Department to support

this process has also been recommended.

The commission, saying a major concern before it was the fact that many people did
not know the whereabouts of family members in detention as they were constantly
being shifted from camp to camp has suggested setting up an independent unit, e.g. in
the Ministry of Justice, to address the following issues:

1. Publishing a list of names of those in detention.

2. When a person is discharged a certificate be issued so that the same person is not
taken into custody again, unless new evidence is discovered against him for being
linked with the LTTE

3. To look into the general issue of laws delays (to expedite prosecution or discharge
detainees).

On land, the commission has urged a clear policy statement by government that
private lands would not be utilized for settlements by any government agency to
alleviate concerns among the people.

On law and order the commissioners have pointed out that their attention had been
drawn to the fact that significant law and order issues remained despite the end of the
conflict. There was apprehension in the people‘s minds to continuing acts of extortion,
abductions and other criminal acts by armed groups.

"The commission recommends that specific measures be introduced to ensure the

maintenance of law and order in these areas, particularly the disarming of any illegal
armed groups. The commission regards this as a matter of the highest priority," the
commissioners have said.
They have also raised the issue of many who have testified before the commission
expressing great concern that they had to communicate with public officials or perfect
documents in a language they did not understand.

"In the light of the concerns expressed by members of the public, the commission is
of the view that immediate steps be taken administratively to rectify this problem. To
achieve this objective, the commission is of the view that interpreters could be used in
public offices as appropriate to facilitate communication until long term programmers
are put in place," they have said.

On socio economic/livelihood issues, the commissioners have recommended the

encouragement of free movement of persons on A9 to ensure greater participation in
the economic, socio and cultural activities; and greater coordination and
communication between GAs and security authorities in normalizing civilian
administration.

*********************************************************************

http://www.island.lk/index.php?page_cat=article-details&page=article-
details&code_title=10094

Gomin tells LLRC of those who sing for their supper at one table…
Govt. asked to clear misconception of move to takeover private land in N&E
October 29, 2010, 9:13 pm

article_image

by Shamindra Ferdinando

Testifying before the Lessons Learnt and Reconciliation Commission (LLRC) on

Thursday (Oct 28), senior lawyer Gomin Dayasri said some people sang for their
supper at one table, whereas some others sang at every table for their supper.

Dayasri was referring to those who cohabited with a section of the international
community bent on destabilising Sri Lanka. He criticized those who had remained
silent for their personal benefit, while being extremely harsh on lawyers for taking up
contentious issues. Praising those in the media for being courageous and fearless,
Dayasiri said that they hadn‘t disappointed the people.

He was testifying before the LLRC headed by former Attorney General C. R. de Silva.
Dayasri, while appreciating the on-going rehabilitation, reconstruction and
development processes expressed confidence that the LLRC would be able to settle
differences among different communities.A spokesperson for the LLRC told The
Island that after taking into consideration submissions made by those who had been
critical of the UPFA‘s handling of contentious issues, the LLRC had proposed a series
of measures to tackle issues of concern to the Tamil speaking people in the post-war
situation.

Taking into account detention of persons for long periods without being charged, the
LLRC has proposed a special mechanism to examine such cases on a case by case
basis and take appropriate action with the concurrence of the Attorney General‘s
Department.

The LLRC has also suggested the publication of a list of persons in detention and
issue a discharged person with a document to prevent him being arrested again unless
the police come across fresh evidence of his or her link to the LTTE rump. It has also
suggested that the ‗general issue of laws delays‘ be inquired into.

Commenting on land issues, the LLRC has recommended that the government issue a
statement assuring the people of the Northern and Eastern Districts that private lands
will not be taken over by the State to set up settlements.

The LLRC has proposed immediate action to disarm those engaged in acts of
extortion, abduction and other criminal activities. A spokesman for the LLRC told
The Island that disarming of all armed group was a matter of highest priority and
couldn‘t be delayed any further.

The fourth LLRC proposal deals with the urgent need to rectify administrative
shortcomings in relation to the language issue. It says the Tamil speaking people must
be able to communicate in their language with State officials.

The final proposal calls for free movement on the A9 road north of Vavuniya and the
Jaffna peninsula and enhanced cooperation and coordination between civilian
administrators and the military in the Northern and Eastern Provinces.

*********************************************************************

http://www.dailymirror.lk/print/index.php/news/front-page-news/25655.html

Choice of Norway was a mistake – Gomin Dayasri

Friday, 29 October 2010 01:36

By Dianne Silva

The prominent lawyer Gomin Dayasri told the Lessons Learnt and Reconciliation
Commission (LLRC), today, that Sri Lanka had made ‗a big mistake‘ in choosing
Norway as a peace facilitator.

―The Norwegians don‘t understand the Asian culture and the civilisations of the East
nor the mindsets of the Sinhalese and Tamils,‖ he said, speaking on the Ceasefire
Agreement (CFA).

He added that, of all those involved in the CFA, the then Peace Envoy Eric Solheim
was chiefly responsible for the situation and that he should apologise to the innocent
Tamil people who suffered due to the war.

―He is the chief culprit, and the Government of Sri Lanka should consider him a
persona non grata,‖ he said.
He also accused Solheim of being a friend and ―horizontal to the LTTE, while some
others of his government were only leaning towards them.‖

Dayasri explained that others, such as Jon Hanssen-Bauer, were far more
understanding of the situation and were critical of the LTTE.

―The Norwegian Government should be severely censured for not making any
contribution to the people of the North and the East,‖ he said.

These statements come amidst reports that Solheim, along with a Norwegian
delegation, will be visiting the country in January next year for meetings with the
Government.

Dayasri also called on the commission to request that a certain Tamil political party,
which he refused to name, apologise for the wrongdoings of the LTTE.

*********************************************************************

http://www.island.lk/index.php?page_cat=article-details&page=article-
details&code_title=10041

Gomin praises UPFA for war victory, demands good governance, ‘judicious
judiciary’
October 28, 2010, 10:33 pm

By Shamindra Ferdinando

Senior lawyer Gomin Dayasiri says now that the war against the LTTE is over, the
emphasis should be on good governance. Dayasiri wants the government to take
tangible action on this front without further delay.

Testifying before the Lessons Learnt and Reconciliation Commission (LLRC), at the
Kadirgamar Institute, the veteran lawyer discussed a range of issues, including
ongoing Norwegian efforts to ‗engage‘ Sri Lanka, independence of the judiciary, need
to overhaul the public service and the restoration of public confidence in the Human
Rights Commission.

Dayasiri asserted that good governance would be critical to Sri Lanka‘s post-war
efforts at reconciliation as resettlement, reconstruction, rehabilitation and
development of the war-torn areas couldn‘t win over the Tamil speaking population.
The lawyer stressed the importance of what he called a hearts and minds operation.

In his lengthy presentation, Dayasiri launched a derisive attack on those in the ruling
coalition and the UNP Opposition for continuing to deal with the likes of former
Chief Norwegian negotiator International Development Minister Erik Solheim. He
said that Norway should never have been allowed to run the negotiating process and
allow the LTTE to exploit the so-called Ceasefire Agreement to its advantage.

Commenting on the Norwegian role in failed peace processes in various parts of the
world, particularly the Middle East, Dayasiri ridiculed those in the government and
the Opposition who still believed in Solheim. Responding to recent media reports of
Minister Solheim visiting Colombo in the near future and UNP leader Ranil
Wickremesinghe meeting the Norwegian official in Oslo, Dayasiri said the LTTE
sympathizer shouldn‘t be allowed here.

Dayasiri, who had been included in the government negotiating team by President
Mahinda Rajapaksa in 2006, said that some of those who cohabited with the
Norwegians were today top ministers in the UPFA government.

He said that good governance wouldn‘t be a reality without having a judicious

judiciary. Stressing the pivotal importance of the independence of the judiciary,
Dayasiri said a judicious judiciary would give confidence to the public, especially the
minorities in the light of grievances of the Tamil speaking people.

He launched a scathing attack on the practice of giving political appointments by

successive government. Calling on the government not to make such appointments,
Dayasiri pointed out the danger and the possibility of judges being influenced by post-
retirement benefits. Nothing could have been as bad as that scenario, he said, referring
to former top judges receiving plum political appointments both here and abroad.

He also severely criticized the appointment of retired judges as members of various

commissions as those in their 60s and 70s couldn‘t meet the expectations of the public.
He strongly suggested that dynamic and capable persons should be appointed to the
commissions. While criticizing the performance of the Human Rights Commission of
Sri Lanka and the Permanent Commission to Investigate Allegations of Bribery or
Corruption, Dayasiri called for a review of the future appointments.

The call came in the wake of Secretary General of Parliament Dhammika

Kitulegoda‘s statement that President Mahinda Rajapaksa would now have to propose
members to the Election Commission, the Public Service Commission, the National
Police Commission, the Human Rights Commission of Sri Lanka, the Permanent
Commission to Investigate Allegations of Bribery or Corruption, the Finance
Commission and the Delimitation Commission.

Dayasiri paid a glowing tribute to Ian Wickremenayake for waging a relentless battle
against bribery. He said that Wickremenayake had achieved what present day
commissions couldn‘t.

Commenting on the recently passed 18th Amendment to the Constitution, Dayasiri

welcomed the doing away with the 17th Amendment, which denied the executive the
power to make key appointments. He described the 17th Amendment as an all-party
arrangement introduced to appease the so-called civil society. Dayasiri depicted them
as a group of people bent on undermining the State during the war against the LTTE.
They propagated that the war couldn‘t be won and had the Sri Lankans taken them
seriously a military triumph wouldn‘t have been possible.

Dayasiri said that in the post-war era, one of the most important issues to be tackled
was language. He went onto detail a series of measures, which could be taken to
rectify grievances of Tamils and Muslims, while faulting successive governments for
failing to implement existing laws. Dayasiri said: "Our laws are sufficient. What is
shocking is, successive governments have failed to implement them. Had they been
implemented we wouldn‘t have this situation."

He reiterated his call for a trilingual society, while stressing the need to launch an
accelerated programme to tackle long-standing issues.

The outspoken lawyer also discussed what he called legal issues to establish a just war
against the LTTE in the wake of UN-led calls for an inquiry into alleged war crimes
during the last phase of the military offensive. While detailing the circumstances
leading to the three-year campaign, Dayasiri said that the government could defend its
position with regard to the offensive military action taken to neutralize the LTTE
threat.

Referring to ongoing missile strikes targeting Pakistan territory carried out by US

drones, Dayasiri said that the SLAF had used unmanned aerial vehicles to obtain ‗real
time intelligence‘ to assist ground commanders. He cited several examples of the US
and other Western powers manipulating governments in various parts of the world for
political and economical reasons. According to Dayasiri, those shedding crocodile
tears for the murderous LTTE were nothing but agents of the West bent on
destabilizing Sri Lanka, even after the Sri Lankan State crushed LTTE terrorism.

Dayasiri said that the world must be told that President Rajapaksa took the LTTE‘s
conventional military challenge only after terrorists blocked Mavil-aru waters. The
lucrative HR industry, Dayasiri said had conveniently forgotten that the bloody war
on the Vanni front came to an abrupt end as soon as the Army wiped out the entire
LTTE leadership on the banks of the Nanthikadal lagoon. The world couldn‘t be blind
to the fact that with the conclusion of the war there hadn‘t been any terrorist related
incidents.

In an obvious reference to the TNA, which once declared the LTTE as the sole
representatives of the Tamil speaking people, Dayasiri asked who would tender a
public apology on behalf of the LTTE if the government was made to apologies for
mistakes on its part.

*********************************************************************

Submissions and Transcripts

http://www.srilankaguardian.org/2010/11/v-anandasangaree-what-i-said-at-
llrc.html

V. Anandasangaree: What I said at the LLRC?

Posted by Sri Lanka Guardian Breakingnews, feature, Interview, Opinion.in, Politics,
V. Anandasangaree 4:45:00 AM

If we can take a risk with a criminal like KP, a man who should be held responsible
next to Prabakaran who should be held responsible for the deaths of thousands – more
than 200,000 lives have been lost; how many people have lost their eye sight; how
many girls are without both their legs crawling. For all that the only man who can,
who should be held responsible is KP. If you can trust KP then allow the children or
produce them before courts and allow them on bail on security given by their parents.
There are children who had gone to the university still there.

Tape 1 (3) – 13-08-2010 – Mr. Anandasangaree

Chairman – opening statement

(November 01, Colombo, Sri Lanka Guardian) Before we commence I must thank
you for having come here notwithstanding your busy schedule with a view of
assisting this Commission and I must at this stage outline the procedures that are
operative in respect of the persons making representations before this Commission.
You are entitled to make representations in public or in camera. That is a matter at
your choice. You have to choose as to whether you are going to make a public
representation or you propose to make your representations in camera. At the end of
your representations the Commissioners are entitled to ask you questions and nobody
else can ask you any questions. No member of the public or no member of this
audience can ask you any questions. Even whilst you are responding to a question you
are entitled to make a request that you will respond to these questions in camera. That
is a matter that is left to you.

Representation of Mr. V.Anandasangaree

I have given so much of importance to this Commission that I flew from Madras last
night to be present here. Some of the records that I would have preferred to go
through I couldn‘t have access because of the time factor. In any case, these are things
that we are facing for so many years and I don‘t think we need to refresh our memory
in any matter, unless we go into very minor details on certain things. This is a very
wide subject sir.

First of all I must thank you all, the Commission, for the opportunity given to me to
make my recommendations or observations whatever it may be. I represent the
country not specifically the Tamil community or any other community. I have been
always taking this stand and I assure you that I will not mislead you and whatever I
say will help you to arrive at certain conclusions beneficial to all in this country. Of
course the Tamil community is very badly affected now. So whatever things I say
may sometimes cause embarrassment; some may appear to be irrelevant and some
may be very relevant. So I may be pardoned in advance for any of my omissions
which I don‘t do – which I don‘t propose to do intentionally.

Now sir coming to the subject, we will start with the ceasefire agreement. I was one
who was never violently opposed to the LTTE at any time. We thought like many
others, even other people, from other communities, had thought that LTTE is fighting
for a good cause and some remained silent; some backed them. Some backed them
unreasonably and unnecessarily. I am one who had been very careful in dealing with
the LTTE but had been always misunderstood. It is because of the openness with
which I talk.

Initially I would like to say a few words about the LTTE. I hope you will pardon me
sir. There was a resolution passed at the Tamil Nadu Assembly demanding the arrest
of Prabakaran to be extradited to India and tried there. I was a Member of Parliament
at that time. In the course of my speech I said ―A day will come for Prabakaran also to
go round the world like Yasif Arafat‖. This is not the time for the Indian government
to take charge of Prabakaran and try him. We thought, everyone thought, that LTTE
was very serious about coming to a solution for the ethnic problem. That was one of
the reasons why I defended him to the hilt in Parliament. Again – there are a number
of occasions on which I have defended Prabakaran and a number of occasions on
which I have caused him embarrassment also. Some of the questions I put to him
through the letters that I wrote would have caused him a lot of embarrassment.
Unfortunately, if the Tamil media had been cooperative, things would have been
entirely different today. I did not expect the Tamil media to back the LTTE
blindfolded. Every time they did something he was glorified. Every time I issued a
statement condemning such acts of Prabakaran I was criticized and condemned as a
traitor.

Sir, I am not here to defend myself. I am just trying to make the position clear as to
what role I played during the last 5 years, although now I realize I could have kept
quiet. I was really foolish. I could have kept quiet like many others and I am now
paying for it. I am now sandwiched between the LTTE supporters and the
Government. The LTTE thought I was a stooge of the Government; Government
thought that I was backing them in all their matters. That is not true. I always took an
independent view of these matters. I criticized the Government whenever necessary
and I criticized the LTTE also whenever necessary. That is the role I had been playing.
If anyone had misunderstood me as a supporter of the Government or a stooge of the
Government, I am sorry I am not so.

Now, about the CFA sir, when the CFA was signed and when the contents of the CFA
was released I was of the opinion that the Government had made a mistake at that
time by not giving it to the public to debate it out. We could have been then asked to
make comments and if that opportunity had been given the CFA would have had
much better provisions than what it had. It was an agreement that had been drafted in
a hurry and implemented in a hurry. The main flaw in the CFA was in the draft,
failure of the authorities to bring it to the notice of the public before it was signed.

Secondly, there was no time factor given. It went on and it dragged on for years. They
should have limited the time within which the agreement should have been put into
affect. This was another flaw in the CFA.

Then the third one I would say giving undue importance to the LTTE against the
claims of the Government. For example, what I am now referring to in particular is,
LTTE was given the privilege of coming into Government held areas – may be
initially limited to north and east – subsequently they could go to any part of the
country. That provision was not there for the Government or for the other political
parties to get into the LTTE areas. That is the biggest flaw. The LTTE did everything
without the knowledge of the others, but others couldn‘t do anything without the
knowledge of the LTTE. That, I hope everyone will agree that it was the biggest
mistake. There should have been reciprocal arrangement for both parties to visit each
other‘s area. The only opportunity given to the Government side was for the soldiers
to go through the LTTE held areas in civil, but not a single soldier travelled during
that period either in civil or in uniform through Wanni.
These are the things that ultimately caused the failure of the CFA.

Then, another matter I would like to say is violations of the CFA. There had been
thousands of violations – not one or two – thousands by the LTTE against the
Government‘s few. This is not to please the Government I am saying. Actually the
Government‘s violations were restricted because Government had to be careful in
honouring the agreement. So we can understand the stand taken by the Government.
But the LTTE‘s violations were many. On one occasion they arrested some members
of the Monitoring Team from the Scandinavian team, carried them bodily and brought
them to Wanni. That alone would have been sufficient enough to abrogate the
agreement. Everybody tolerated them. The facilitators did not take serious action to
control these people. I had a photograph which I was carrying with me. In Vavuniya
they had built a new building and there was an opening ceremony. A woman cadre
was hoisting the flag – it was the Tiger flag but not the national flag or Eelam flag. A
poor lady from the team went and whispered into the ears ―Child this is not the way to
do. You are violating the CFA.‖ The reply she got was hooting from the school
children who were brought there by force.

So these are the things that led to the failure of the CFA, otherwise the CFA could
have been or would have brought some good results. One may ask as to why this was
not pointed out at that stage for which, I too accept the blame. The enthusiasm
generated at that time was so great that people were so happy after so many years of
violent activities of the LTTE such as abductions, kidnappings, killings and torture,
ceased. When the LTTE had agreed to come to the negotiating table it was really
thrilling news and everybody was happy. In the rush everyone forgot the fact that we
had a moral obligation to go through the various process of the agreement which no
one did. So I am not blaming anybody – neither the Government at that time nor the
politicians at that time – because I too being in politics I also share that blame for
which I now regret. It should have been pointed out at the very early stages.

Then sir you will remember the proposal of the LTTE‘s ISGA (that is Interim Self
Governing Authority). I objected to that. Some Tamil friends were very angry. ―Why
should you object?‖ they asked. They don‘t know what the contents were. Without
knowing the contents, without knowing why I was objecting to it, they wrote a nasty
editorial in the Tamil media, and the English papers wrote a nice editorial pointing out
the good things they saw in my protest. The ISGA I objected to, earned me the name
of a traitor of the Tamil cause. I found that the majority of the membership of the
ISGA passed to the LTTE, and I felt at that time that there was absolutely no need for
the LTTE to have the majority to work with the Government, under the new set up the
ISGA. I even met the ambassadors and pointed out to them as to why the ISGA
should not be conceded to. I pointed out that out of the 25 districts, 8 districts are
from the north and the east. I had given the details as to how many of these 8 districts
were under the LTTE control fully and how many were under partial control of the
LTTE. This is a very convincing letter (showing the letter). There are some statistics
in it. This gives the details of each district. The name of the districts that is fully under
the control of the LTTE; and the name of the district that was partially under the
LTTE. We had so many officers, 8 GAs; 8 Additional GAs; 8 AGAs; so many
predesasabas over 75 of them I think. When this set up was there readily available to
build up or to bring back what the tsunami carried away, there was no need for LTTE
or any ISGA to take charge of the development and reconstruction work. So I had
been off and on blamed for being open in my criticism, be it the Government or the
LTTE.

Now coming to the sole representation theory, I am the only one – I hope no one else
will claim credit or discredit for it, who challenged the LTTE‘s claim that they were
the sole representatives of the Tamils. That is how from the top I was brought down to
the bottom. I who won an election with 36,000 votes and came first of the 9 members,
at the next elections brought down to the very bottom. Even in an area where I
worked as a teacher for several years, I polled, 100 odd votes. Why I am saying this is,
the claim of the LTTE that they are the sole representatives of the Tamil people
cannot be justified in any way. They never contested any election; they never came
out and participated in the civil activities of the people; they decided and did
everything. They had their own courts – they had at that time; and judges were
appointed by them; the convicted prisoners were released on the recommendation of
somebody; like that everything was in a mess. So how can we say that LTTE is the
sole representative of the Tamil community? – It is wrong. Now the very same people;
the very same journals, the media, make the same mistake. I appealed to the media
hundreds of times; over and over again, ―Please all of you get together and condemn
at least one act of the LTTE so that they may re-think and act better in the future‖. No
one dared to do that. But they dared to call me a traitor for which they did not have
any fear and they need not have a licence or permission from anybody. The same
mistake is now being made sir. Again another group is being glorified to the extent of
making them real successors of the LTTE – not the people who had been really
fighting for their cause. Anyway I am not going to touch on politics here. There are
people who have an easy way of going to the country, going to the Tamil people and
say this is this. So the foolish Tamil people also forget all the past misery they
underwent, prefer to forget them and receive them with open arms. Today we have
won the war. I am happy that we won the war although I may be accused as a traitor
for feeling happy that the war is won. But the war is won not to be replaced by this
type of administration. ―The war was won but at what price‖, I wrote to the President.
―I am happy that you are enjoying the victory. I can‘t participate in this because I am
mourning the loss of several thousand people in the war‖. So that is where I crossed
swords with the President. I said no. How can I? If you go through the papers today
every day some lady is going round saying, ―I want to see my Husband, did any one
of you see my husband, and my child was killed in my presence‖. The IDPs were not
properly looked after. Now they are talking about the combatants. I will try to be brief
because I know I have to leave room for questions also. Now there are 10,500 or
11,000 detainees detained as combatants. It is a crime to call them combatants. It is a
crime, I repeat. They are our children which no-one can deny.

On a similar occasion, about 20-30 years back, when the JVP detainees were brought
to Kilinochchi for rehabilitation, the Minister at that time in charge of the
rehabilitation was the Hon. the late Mr. K.B.Ratnayaka my good friend. One day he
called me and said ―Ananda I want to send these detainees there for a short period,
please don‘t protest.‖ I said why the hell should I protest. They are our children being
brought there not for anything just to get themselves rehabilitated. He was very happy.
So they came. After about 6 months left, one of my colleagues in Parliament made a
big issue out of it. He got up and said ―ours is a peaceful section of the country‖;
Jaffna is peaceful it seems – ―ours is a peaceful area‖. ―Please don‘t bring the
terrorists there.‖ If you go through the records you will see which MP said that. I was
branded then also as a traitor encouraging Sinhala colonization in Akkarayan. That
was not the truth. There was a camp set up – a rehabilitation camp. Some boys were
there. Within about 6 months – I don‘t know when they left even. But the name traitor
that I got, spread over a period of time. Even at the last election there was a leaflet
published. There were a lot of things in this connection but I don‘t think they are
relevant here. Why I am saying this is – with the same tone I say – these are our
children, innocent children I would say. They were misled by the LTTE leadership.
And when they were being recruited everyone just looked on, Everyone in the sense
everyone supportive of the LTTE. The so-called Diaspora is now volunteering to
develop this country too. All these people are very well settled in foreign countries;
their children following prestigious courses like engineering and medicine. They give
enough money for the LTTE to ill-treat or torture or hinder the progress of our
children. Diaspora – not only Diaspora there were our representatives also in
Parliament. If you take the past 6 years, the LTTE had sole representation in
Parliament. After the G.C.E.(O/L) examination – LTTE knew that 8,000 students sat
for the exam. All of them were taken by force for training. Not a hum from these so
called representatives of the Tamil people. Lot of abductions took place; lot of murder,
torture, the type of torture unheard of in a civilized society. There were some
photographs published - in a triangular shaped barb wired cage, in which a person of 5
ft. can‘t stand erect. Having seen all that my heart bled. I took up the stand and said,
―You are no representatives of the Tamil people; you are cruel; you are doing all sorts
of unwanted things; you are misleading the children; you are depriving the children of
their progress; of their education; while you yourselves‖ – I told Prabakaran, ―you are
having your son educated as a doctor or engineer but here the poor children are going
to the battle front‖. There was an attack on the airport at Anuradhapura. The following
morning a paper carried 2 photographs – there were many photographs; 2 attracted
my attention. One, 22 people along with Prabakaran had taken a photograph – that
appeared on one side. On the other side all the dead bodies of the 22 people who took
part in the operation. I told Prabakaran promptly, ―if you had been one of the 22 I
would have been happy and praised you as a hero, but you are a coward. You have
sacrificed the lives of 22 children who have taken a photograph with you the previous
day or two days earlier‖. So I had to be honest by my people without any fear or
favour. Without expecting anything, I took up the case.

Even now I am taking up the case of the 10 thousand or 11 thousand children who
have been taken by force, unwilling, boys and girls. I suggest to the Government,
even through this Commission, as done during the JVP time, appoint a few
committees with a judge – with a retired judge, a retired police officer – and another
civilian, a recognized civilian. Have a few committees and let these boys go before
the Committee. Then let the committees inquire by putting questions and find out
from the boys and the parents as to what happened, how they joined the cadre,
whether they were taken by force or they volunteered to join. That is the way of
dealing with this problem.

Now the worst criminal in this country, is the one, who claimed that he is the leader or
successor of Prabakaran, I am ashamed to say that the whole world is looking at it. He
is now running an NGO when several thousand NGOs that were in the field doing a
lot of work, feeding our people, giving employment, the country‘s doors are shut for
them. But this criminal is coming to help the country to develop along with 9
Diaspora. You know there are as many Tamils in foreign countries as you find here in
Sri Lanka. Several lakhs of Tamils are living all over the world. They are in Canada,
Germany, UK etc – they are also classified as Diaspora. But only 9 Diaspora people
came volunteering to develop this country.

I don‘t know sirs, one fine day you will know although the LTTE had been defeated;
the entire cadre had not surrendered mentally but only physically. 5 chaps are enough
to destroy this country. Why can‘t that happen is the question I am asking. Why can‘t
this happen with this so called criminal the successor of Prabakaran, coming into the
field, getting into the Army camps and going round the country? What is the
protection I have from this man or from this type of people.

So these are questions sirs I am asking for consideration. These children are innocent.
If there are some who are really involved, you can separate them. There are about 700
of them. Try them. The man who should be tried is KP. Prabakaran was once
sentenced to 200 years jail. On that basis this man, who is coming here as his
successor, should serve 1000 years in jail. But he is free; the children are in the
detention camps learning.

The Sri Lankan ethnic issue is more than 50 years old. I have been living throughout
this period. I remember as a school boy carrying a flag and watching the marathon
race that was bringing a message from Hartley College to Colombo on the
Independence Day – first Independence Day. From 1956, it is now more than 50 years
old, we know what the problem is; we know what the solution as well. The country is
ready for a solution. The President himself had said that at least he must concede to
what Anandasangaree and Douglas Devananda asked, in his first Independence Day
address. Why I am saying this, is that he is aware of the problem. He had said ―it is
our duty to safeguard the Tamils and other minority‘s and their children‘s future‖.

So the country is now ready. There is no question of the re-occurring of this incident.
This is impossible! If anyone thinks that this can re-occur – again somebody can or
another Velupillai Prabakaran can come and organize and build up a big army and
fight, – it is absurd to think so. But this is a lame excuse to have Army camps in all
our areas. You don‘t need Army camps permanently built all over Jaffna. Then what
is the liberation that has taken place? What is it that we are proud of? It is like back
from the frying pan into the fire. Kilinochchi was the worst affected. I was the MP for
Kilinochchi for quite a long time, now rejected by the same people. Anyway I don‘t
know for what reason. There are a number of ladies and their relations have told me
that, the mere sight of a gun they shout in terror; they run away like hysterical people.
So people don‘t want to see a gun, they don‘t want to see even a toy gun. Now we are
going to establish Army camps all over, for the protection of the people. Whose
protection I am asking? Leave the people alone. After Prabakaran died not a single
shot had been fired. This is a challenge. Can anyone prove that there was one shot
fired after Prabakaran was killed? No. That means terrorism is finished in this country.
If at all, they tried to raise their head again – ugly head again – little arrangement here
and there would be enough. There were camps in those days too. When I was a
teacher in Pooneryn there was a small camp in Pooneryn also. With just 5 people.
They were too a task force or something.
So this is the reason why the lessons that we learnt are not properly understood and
implemented. So this is the type of development that is taking place. The people who
had been responsible for some silly decisions during the LTTE rule and are now at the
helm. The GA Kilinochchi who was responsible for the 95% polling for the LTTE in
Kilinochchi and who drove away the polling agents of Douglas Devananda in 2004, is
the man advising the Government today`. He knows where the LTTE had their
operations and where they were strong, what and what they did. I am sure he should
have known even the places where certain things are concealed by LTTE for future
use. Can we risk our lives with a man like that? The country is not lacking intelligent
people. We have people all over. So these are the lessons that we have learnt and not
properly understood and took action.

Then Reconciliation will never take place – I can guarantee that. I am now 78 years
old. I don‘t know how long I will live, but this is a bet – reconciliation will never be
possible as long as the people, who are scared of the Army, entertain the fear that they
can cause trouble in the future. We know of the present Army, I have nothing against
them; they are very nice; humanitarian-wise they are the best – even from foreign
countries, our friends and relations had said so. They say the Army was treating the
IDPs so nicely. It was a pleasure to see police girls playing with the small children –
refugee children. All that is right.

So these are some lessons learned I can go on like this for a fairly long time, but
unfortunately the time is limited. I like to be heard through questions and answers. I
hope I have said enough and any clarification can be done through questions. Thank
you.

END OF REPRESENTATION

QUESTION TIME

Dr. Rohan Perera

Thank you very much Mr. Anandasangaree for coming before this Commission today
and as you mentioned you have come all the way from Chennai which we very much
appreciated. I have 2 questions – one on what you said with regard to the failure of the
CFA. With regard to the failure of the CFA and the peace process, now one of the
views that is expressed is that there was a lack of inclusivity of making the agreement
public for the reason that given the unique or unprecedented

political environment ...

Mr. Anandasangaree

Interrupted (not clear)

Dr. Rohan Perera

May I repeat what I said. On the question of lack of inclusivity of the ceasefire
agreement or the failure to make it public which is highlighted as one of the main
reasons for the failure agreement and the peace process, there is one view that had that
path been followed given the fact that we had a unique or unprecedented political
environment at that time namely an Executive President who was also the
Commander in Chief of the Armed Forces from one political party who had lost the
majority in Parliament and a Prime Minister from another. And given the
confrontational politics which traditionally prevailed that would have risked
jeopardizing the entire process. That is one line of thinking or one line of argument.
So therefore it had to be done in the way in which it was done and there was certainly
lack of inclusivity across party lines.

The other view was that this political environment was unique, which is a positive
factor and this could have helped in building up a cross party or a bipartisan
consensus on a vital national issue between the two major political parties in the south
on an issue which affects the very survival of the state, and that historic opportunity
was missed when we had a President and a Prime Minister from two different political
parties.

So these are two views on this question of lack of inclusivity which has been
expressed, and as an experienced politician I would like to hear your views.

My second question is on the question of reconciliation. You did refer to the presence
of the large Tamil expatriate community. We would like to hear your views as to any
specific aspects which you would like to address as to how the expatriate Tamil
community could be drawn into the process of the post conflict peace building.

So these are two matters I thought we should have the benefit of your thinking. Thank
you.

Mr. Anandasangaree

At the time the CFA was signed I was in Parliament as a Member. The problem was
there – President from one party and party in power another. That was perhaps the
main reason for the failure of the CFA. There was no understanding between the two
heads – the head of the Parliament and the head of the State. So we knew that we
were heading towards a disaster. In Parliament they started criticizing the monitors.
All these things contributed for the failure of the CFA, not mainly, partly. But mainly
due to the arrogant stand of the LTTE. One day, you will probably laugh, I told Mr.
Sambandan who was my colleague, ―Mr. Sambandan the principal is calling me to
come to his office‖ and I am going and saying yes sir for everything. When the class
teacher calls me to his office and ask me to do something, I do it. Now the monitor
wants me to go to his office, and wants me to do something, ―can I do that‖, hearing
this Mr. Sambandan roared with laughter for a few minutes. What I mean is, when
Prabakaran wanted to see us we went – that is okay. Then subsequently S.P.Thamil
Chelvam wanted to see us – I was reluctant but I went only once. Now the ordinary
chaps here and there who had been responsible for meddling with the peoples rights
arresting children and recruiting students for the LTTE cadre ect., started inviting us. I
refused to go. One person who was in charge of Jaffna is now a big man in the
intelligence group of the Army. I can understand if it relates to get expert advice in
constitutional matters. We had this problem in parliament and if the senate had a
majority of one political party and Parliament had a majority of another political party,
they couldn‘t have pulled on. That is one of the reasons why senate was abolished in
Sri Lanka. It was a nuisance. So like that here also the Head of the State and the Head
of the Parliament should belong to the same political party. Then things would have
been much better and the CFA agreement also would have been successfully
implemented.

Then about the Diaspora – the expatriates. We have thousands and thousands of them
and they are prepared to help us. But why do you want to go behind this man KP? KP
has 9 men. Take an ordinary LTTE supporter he can find 100 men in Paris or in
Canada. KP has only 9 and KP has not given an undertaking that he will bring others
or get round others or bring them here to do development work, or to run a NGO. But
at the same time there is another group having elections in various countries to run a
Government in exile. I can understand if that man is also brought here and told ―you
sit here and do some work, don‘t do political work, you just sit. Come back and settle
down peacefully in your country‖. That is the type of people we want, not people who
had been responsible for all the atrocities this country faced during the last 30 years.
And this is money earned by sinful means, whatever they bring by sinful means such
as drugs, abduction, torture and things like that. So we don‘t want their money. Let
the people be free; allow them to be free and give them some tools and some
implements and allow them to work. They will bring what we want – what the
country needs – in 6 months. Give them compensation as promised. The President had
said once that he will see that all what they lost will be regained for them, except that
the President can‘t give back the lives lost. But compensation can be given for the
lives lost, and for other losses. You know Sirs people had been living in mansions,
and many had owned first class cars, Lorries, businesses etc. There are people in
Kilinochchi who have been cultivating more than 100 acres; they were multi
millionaires. All of them had to stand in the queue to beg for their meal. Not only
during the IDP period in Wanni even now. What can they do? One day sir I burst into
tears. I am a fellow who will never get tears in my eyes. My father was very angry
about it. Nothing can move me. I am a tough fellow. One day I visited areas from
Paranthan to Tharmapuram about 2– 3 weeks back to see people living and sleeping
under trees. No house had a roof, doors and other facilities also. Actually their life
there was worse then what they were in the IDP camps. So 2 days later there was a
big shower. All of a sudden at 12 o‘clock hell broke loose and came down – there was
a downpour. I got up and wept. I wondered what these people will be doing now. We
don‘t realize these things. Some are in air conditioned rooms; some are quite well
settled. I could not sleep for a day without the mosquito coil. They have been living
for so many days or even years without mosquito coils. Some generous donors had
given some mosquito nets; to what extent did that help.

Of the Diaspora there are people who are prepared to invest; make it easy for them.
Don‘t depend on KP or his supporters. An advertisement that such and such facilities
will be made available to anyone – any Diaspora person or any expatriate who wanted
to invest. Why do we want KP? Should KP be free? I am a man committed to non-
violence; I cannot say what type of punishment should be given to KP but certainly he
cannot be punished in a 5 star hotel or Isumpaya or something – the Commercial
Company‘s guest house which he is now occupying. I am not suggesting any
punishment. Allow them to live with the people and let the people deal with him. If
the people had been allowed a free hand they would have dealt with the people who
were bothering them and who are a real nuisance to them. They are all out and free
now.
Mrs. Manohari Ramanathan

Mr. Anandasangaree. The war has been won but the majority of the Tamil people‘s
hearts have not been won still. Could you suggest ways of reaching out to these
people?

Mr. Anandasangaree

Allow them freely … Madam the situation today if you go to Jaffna; and ask a person
―how is the Government, or do you like the UNP?‖ You will never get an answer
even from their own child. Why? There was a time when Madam Sirimavo went to
Jaffna – I don‘t know whether you remember that – to open the university, We
organized a hartal and a satyagraha. At Veeramakalli Amman temple we organized
the satyagraha. We told the people don‘t come out any of you; all of you stay indoors.
Madam came we also had the satyagraha. Can you do that now? There are 750
families in Kilinochchi today who were promised to be taken to their land now for
some reason they are kept in a school. Please go and see them. It is a real horrible
sight to see; but the land they developed is so close to the camp. I had gained a lot of
experience when I was the Member of Parliament from Kilinochchi. When land is
given to them first they cut the tree and burn it. Then do the first cultivation with the
stumps here and there. Then it takes a long time for them to remove the stumps and
level them out. Quite a number of them who are now affected are of Indian origin.
They had come as refugees having suffered at various times from various places.
They came as refugees and they were given land. 750 families of which 250 had been
brought to Kilinochchi and they are now in camps and the balance are still in
Vavuniya. They are crying,‖shoot us, kill us, and don‘t take us anywhere. ―They are
prevented from going to their land because the Government wants that land for some
purpose. What is the purpose for which the Government wants? I can‘t understand sirs
why the Government wants to grab land from anybody. I had gone round the country
a number of times – hundred times. There is enough land everywhere, excepting in
the peninsula which is a small area, you find enough land all over the country. Why
do we want to take another man‘s land? Why do we want to go into another village
and grab others land? Leave it now. When the time comes, when need comes, do it.

So the best thing for the Government to do is to withdraw the Army and re-establish
the civil administration. We have some nice GAs. There was a GA in Kilinochchi. He
was arrested under some pretext. I brought the matter to the notice of the Government.
I said he is a nice GA please allow him to be at Kilinochchi. If there is any mistake
made, it must have been by the former GA. The G.A. was not allowed to work in
Kilinochchi and was kept in detention for some time and now sent to Mullaitivu,
where he is a stranger. If he had been sent back to Kilinochchi he knows every nook
and corner of kilinochchi. If you ask me, I can tell you from here even after 25 years
the location of various schools in Kilinochchi. I can start with the first school in Kilali,
Kilali Roman Catholic School, then Muhamali Roman Catholic School, then
Vembodukerny CCTMS and Palai Maha Vidyalaya. Like that I can mention names of
all the 78 schools at that time when I was MP. There is a GA who knows the area. I
told at the very beginning to allow the GA to come in. GA can select a certain area;
and engage all Grama Sevakas of the division and some volunteers. They would have
helped and saved the roofs of their houses, their furniture etc. Would you believe Sirs
that I could not have a stool to sit on in Kilinochchi, God only knows where all these
furniture vanished?

And not development. I know our children studied in oil lamps for years. Quite a
large area in Kilinochchi was covered with electricity. But LTTE was so good that
they removed all the wirings, the cables and everything and even the posts were
destroyed and used for construction of bunkers. Children studied in Margosa oil
lamps. They did not have any other oil. Either coconut oil or margosa oil. Children
went to the university by studying under that lamp. Now what is the use in saying we
will give electricity, we will give this and that. We don‘t want any of those. We want
our house that is what the people say. Shoot us if you want; don‘t ask us to move
away from this place because this is our land. I remember my father taught me a poem
and I quote a line from it ―breathes there the man with soul so dead who never to
himself hath said this is my own my natives land.‖ This is from the poem‖ The lay of
the last minstrel ―. That is why I am patriotic. I love this country. This was in my
blood from my childhood. This is my own, my native land. This is not my Eelam or
Colombo. I want to live here. So that is the situation there madam. Don‘t be taken
away by the appearance and especially Jaffna – Jaffna people lost compared to Wanni,
nothing except a few houses. So they are dancing and playing. They are having
dramatic festivals and all that; coming to Colombo and showing their talents in
dancing, music and drama. Go to Vavuniya, Kilinochchi and Mullaitivu. These are the
areas that were really affected; areas that really need development but they don‘t want
development. Leave them. Leave them to cultivate their land. In 6 months they can
get on their feet. In 3 months their onions will give the yield.

Mr. H.M.G.S.Palihakkara

Thank you Mr. Anandasangaree. Especially for you someone who spoke very
strongly at the time when it was not so fashionable to speak against the LTTE now
you did speak strongly risking your life sometimes. So it is understandable your
sentiments when you say that Prabakaran‘s No.2 from Diaspora is a free person and
10,500 are called combatants. It is understandable. But now that the common threat of
LTTE to politicians like you and other elected politicians that is no longer there what
can we together do in regard to these 10,500 people whom you say detainees. What in
your view should be done? Obviously they have been detained because of their active
involvement in the LTTE activities – perhaps forcibly. What in your view should be
done? The Government obviously seems to be trying to give them some vocational
training and obviously they are not being prosecuted because … they are not being
prosecuted. So what is it that can be done in your view – one.

Another question is that now that the conflict – at least the military part of it is over –
what do you think the Tamil Parliamentarians should do together; how can they speak
in one voice trying to do the development work in the north and east and try to help
the Government and the Tamil people together. How can that be achieved? Thank you.
Those are the 2 questions.

Mr. Anandasangaree

The main handicap is that, in those days the main political parties were the Tamil
Congress and Federal Party and the representatives were selected on the merit of each
candidate. Today it is not so. We believe that the man who had been carrying the
capsule – the cyanide capsule – is in Parliament today. There are so many things – I
don‘t want to comment on these things for, I may be causing embarrassment to you
and to some others. There is a move for the Tamil groups to get together. Again there
is division – one group is very adamant that they won‘t join. I am prepared to forget
all that had been done to me by various groups. I am prepared to forget and join them
as a group. They talk high principles but slept over the whole thing for 6 years and
now come back to nurse the Tamil community, refusing to come out. I don‘t know
what their future is going to be. But I agree with you that a united effort – a common
program – if a solution is acceptable to those who are in the forefront – should be
acceptable or the people can be made to accept it. So that is a solution … one solution
lies in that. Well I don‘t know sir if the country‘s destiny is to suffer, we will have to
suffer. But one thing I can tell. I have lived with Sinhalese, Tamils, Muslims; I have
studied with Tamils, Sinhalese and Muslims; I have taught Tamils, Muslims and
Sinhalese; I know the thinking and temperament of these various communities. The
Sinhalese are very accommodating; their fault is with the leadership. The Tamils too
are very accommodating; the fault is with the leadership. And perhaps that is the same
with the Muslims also. The country is good. There is a story my friend used to say – a
dog wanted to see the world; went round and round; chased at every point by the local
dogs; came back again to its native place and when asked ―how is the world?‖ ―World
is okay but it is our people who have been giving me trouble.‖ It is that. It is our
people who are an obstruction for any solution to be arrived at and apart from that I
am sure the Tamils and the Sinhalese and the Muslims can live together. They lived
together for generations without any difference of things. My best friends are among
the Sinhalese. I have some very good friends among the Muslims. So the trouble is
with the leadership of the communities and not with the people. Let the leaders
pardon me but I hope they too will agree with my view.

Question

What can we do about the detainees?

Mr. Anandasangaree

About the detainees... I suggest … It is on record that The President had said, ―You
will be released‖, when they went and surrendered. The announcement made in the
IDP camps was, all those who had anything to do with LTTE, even if you had gone
for training for a day or two, please report. You will be sent back soon. They were not
released. All of them were not released. There are people who could have very well
concealed themselves without telling them. Some regret that they had confessed that
they had a little training. Actually they are innocent people, and what harm can they
cause. Hand them over to their parents. There are parents who will say ―he is a
mischievous chap keep him for some time sir and release him after 6 months.‖ But
there are people who will say sir he is the only bread winner of the family please
release him, I will look after him. I will kill that fellow if he dares to take up arms
again. Take a risk. If we can take a risk with a criminal like KP, a man who should be
held responsible next to Prabakaran who should be held responsible for the deaths of
thousands – more than 200,000 lives have been lost; how many people have lost their
eye sight; how many girls are without both their legs crawling. For all that the only
man who can, who should be held responsible is KP. If you can trust KP then allow
the children or produce them before courts and allow them on bail on security given
by their parents. There are children who had gone to the university still there. I have a
friend of mine. He is now not talking to me because his son had been following a
course in an open university. They think that I am so powerful to get things done. I
can‘t get even a pin to move. So I suggested committees. You remember Sirs at that
time when the JVP detainees were released, there was one Police Officer – IGP or
DIG or somebody– he was the head of the team. They were calling their parents‘ and
the boys and after inquiring, if they were satisfied that the boy was innocent he was
sent with the parents with the condition that they should go and sign at the Police
Station every week or to some other authority or GA or somebody. There are people
who are in detention for just giving tea and food parcels for the LTTE. The man who
ate the food parcel is free; the man who gave the food parcel is in.

Chairman

So what you are suggesting is that you have committees to examine the involvement
of these detainees and find out whether they were forced by the LTTE … find out
their involvement …

Mr. Anandasangaree

Yes

Chairman

… and then take appropriate action depending on what their involvement is and how
they got involved in the movement. If they were forced into the movement or their
involvement is on a very superficial level what you are saying is take steps to
discharge them and get them to integrate back into society. Is that what you are saying?

Mr. Anandasangaree

Yes. Or have a few committees and have quick inquiries.

Chairman

Yes committees. We have committees …

Mr. M.P.Paranagama

What have you got to say about this language problem?

Mr. Anandasangaree

Language … the biggest mistake was in the leadership here. I hope you know that – I
am asking Mr. Chanmugam he being an elder person – up to 1956 Sinhalese was
taught as a subject – compulsory subject – for students in all schools that had classes
up to SSC. My younger brother has Sinhala as a subject. I studied at Soma Skanda
where my father was the principal. A Buddhist Priest – a graduate – was teaching
Sinhala. At Hartley College where the late Hon. K.B.Ratnayake studied there was one
Mr.Somaratne – a layman – teaching Sinhala. Every school had a teacher in Sinhala.
You go through the school anthem of the Hindu College and you will see among
many things mentioned. Sinhalamum, Tamilamum – Sinhala was also taught there.
The fault is with the leadership at that time. So when the Sinhala Only Bill was
introduced – most of those schools were private schools - they stopped teaching
Sinhala as an experimental period during which the Sinhala teachers were given some
other work – the arts or physical drill and things like that. Then they waited for one
year with no settlement coming. All teachers were discontinued. They left their
schools with tears in their eyes; I can still remember that. The fault is that everyone
must have learned Sinhala. If that had been allowed – if not for that Bill – today I will
be making this representation in Sinhala just for fancy‘s sake and little in Tamil. But
unfortunately I am deprived of that chance. I have now picked up a few Sinhala words
here and there.

Chairman

So you recommend that Sinhala and Tamil must be brought into the school
curriculum?

Mr. Anandasangaree

It should be … I can give you one hint also favourable to your suggestion. There was
a time Sinhalese were not very happy about learning Tamil and Tamil learning
Sinhala and Sinhala learning Tamil. Today‘s youth – the Sinhala youth – wants to
learn Tamil and the Tamil youth wants to learn Sinhala. Today things will be much
easier than what it was in 1956. It can be made compulsory – only thing is it should
go simultaneously with a solution. If you try to make Sinhala and Tamil compulsory
for the respective communities without solving the language problem, without solving
the ethnic problem, it won‘t work. It should go hand in hand. Find the solution. I had
been telling a number of times – the peace is knocking at the door; whether to allow it
in or shut it out is in our hands.

Chairman

Don‘t you think that one of the problems that we encounter is that the Sinhala youth
don‘t understand the Tamils and the Tamils don‘t understand the Sinhalese people.
That is because there is a language problem. So, including Sinhala and Tamil into the
curriculum would to a very great extent solve that problem?

Mr. Anandasangaree

It should. Even without knowing the language they are friendly sir. Do the Sinhalese
youth and Tamil youth fight each other. Adults fight; youths are not fighting. Those
days they fought each other. They say Ambalangoda, Kosgoda and all that type of
thing I still remember.
Chairman

No, but don‘t you think, I mean, now in those areas, for example Kosgoda or
Balapitiya, the number of Tamils will be, I mean, , minimal. But there are areas – take
Colombo right – don‘t you think that we should learn each others language, that it is a
sine qua non for reconciliation and understanding between the communities?

Mr. Anandasangaree

That is absolutely necessary. I give full recommendation for it and I welcome the
suggestion. My suggestion is along with that you know otherwise they will say – there
are people among the Tamil leaders; there are people who will go and say – see, see,
they are forcing the Sinhala on the Tamils, therefore don‘t study. When the problem is
also solved, it is not going to take much time for the Government to sit down and draft
something to solve the problem. Simultaneously the Government should decide to
introduce Sinhala and Tamil compulsory for all.

Chairman

At least practical Tamil; practical Sinhala. You see there probably …

Mr. Anandasangaree

Initially there was that scheme practical Sinhala and practical Tamil. That was
considered as a subject pass subject even if a person passed the Practical Sinhala.
Initial stages, then after 2-3 years they come to study Singhala and Tamil fully.

Chairman

And don‘t you think admission to the universities it must be made compulsory that
people must know their Tamil and Sinhala?

Mr. Anandasangaree

It should be made compulsory for admission also. I remember in those days you know
Tamil was a compulsory subject for Sinhalese who pass the CAS exam.

Mr. M.P.Paranagama

To what extent can you make use of the cultural link to build up a … ?

Mr. Anandasangaree

It is wrong sir. I saw in the papers 100 girls have been selected – Tigers. They are
worried of their future, their parents and things like that. They were given training in
some cultural program and after that they have been brought to Colombo for a
performance. I told the Governor some time back when there was a similar program
organized , they are still in mourning. Most of them have not traced their parents;
most of them have not seen their parents; most of the parents and the child have lost
contact. When the house is burning or when the next door person is mourning the
death of some dear ones, will you play your music? We can‘t build from the top; we
should build from the bottom. You know, I am a person if there is a cultural program I
won‘t miss it. I like Sinhala, Tamil or whatever it may be. I won‘t miss it. But it all
depends on my mood and temperament at the time. When the Jaffna Dramatic Society
organized a drama festival for 14 days I said don‘t be foolish. When your neighbour is
still mourning the death of their dear ones you are having drama festival. Please stop
it and they stopped it. But when I was MP. I went to the villages to see drama and I
waited till morning. I don‘t run away half-way. It is good but this is not the way to do
it. It should move simultaneously. When people are living in houses without roofs;
without proper food; they have no place to eat or cook their meal, how can you expect
one of the children from that area to take part in a cultural program.

Chairman

What do you think about the link language – English language? Don‘t you think it is
very important?

Mr. Anandasangaree

Yes, very important.

Chairman

Now what is your strategy for the teaching of English, for example, in the north and
the east, because north and the east because there are problems regarding teachers?
Would you recommend the use of electronic media like television for the teaching of
the English language?

Mr. Anandasangaree

We have no other alternative no …

Chairman

Yes, that is why I am asking.

Mr. Anandasangaree

Since we have no other alternative we can. But at the same time we can get down
somebody. In those days in Jaffna we studied science subjects under Indian graduates.
We used to fool them for their wrong pronunciation. Then what happened Tamils took
over. Even Sinhalese when I was teaching at Jaela one Mr.Kochi was the science
teacher subsequently replaced by a local student. So, nothing is lost. We can for a start
have a few teachers imported from India – their knowledge of English is very good;
standard of English is very good; very super, much better than ours I would say. For
5-6 schools we can have one teacher for the start. India too will be happy to train
some teachers who are capable teachers to teach English as a subject. I am an
educationalist. I taught for 10 years before I became a lawyer. No one can tell me
about the schools in Kilinochchi; how it should be re-organized. Unfortunately we are
not making use of the talent we have in this country and discard them as you are UNP
you are SLFP you are a leftist this and that is the trouble we have.

Mr. H.M.G.S.Palihakkara

Since you are here just a benefit of … Do you have a view on the issue of
rehabilitation, reintegrating the Muslims who were forced to leave Jaffna and how
best it can be done?

Mr. Anandasangaree:

It‘s a pity I had been finding fault with the Government at that time. When the CFA
was signed this should have been made a condition. When the CFA was in operation
LTTE should have been told don‘t meddle with the Muslims, allow them to come
back. There was another group in Parliament claiming to represent the LTTE. They
should have advised them to take back all the Muslims. They should be paid
compensation. Sir they were allowed to go with only Rs.500/- I am told. You know
they were the best scholars. I had a friend one Mr. Maqbool, a Muslim graduate. He
knew much of Hinduism and there is hardly anything that he did not know. My
knowledge of Hinduism is not even one hundredth of his – all the hymns and things
like that – and he was shot by the LTTE when he was GA Mannar.

Prof. Karu Hangawatte

Thank you Mr. Anandasangaree for being here. I have one question really. You
mentioned the need for building from ground up. What bothers me is why haven‘t the
leaders of the Tamil community – I am talking about community leaders not political
leaders, not at all – why have they not taken the initiative to organize and to support
these children as you mentioned – you referred to as children – and others who have
been left hapless instead of always looking up to the Government. I am wondering is
it because these community leaders and others feel hapless; they are helpless as well
that they look up to the Government and the Government is so powerful here that they
are the ones who have to do everything or is the Government refusing the leaders like
you like from initiating and participating in such activities or do you even see as you
mentioned military camps etc., do you see the presence of authority as kind of
threatening and that you don‘t feel that you can take the initiative and continue such
activities still bothers me. I am just wondering why everybody is talking about the
Government, Government?

Mr. Anandasangaree

I offered to the Government without any pay to take charge of the development of
Kilinochchi because that is a place I am fully thorough with. The same rule applies in
this case also . People had their own interests; leaders had their own interests. When
the Government was campaigning against me there was a candidate who went round
saying that Anandasangary is also a man nominated by the Government. Personal
ambitions had brought the Tamil community to this state. They want to be MP all the
time. The incentives are there and the attractions too, but nothing could persuade me
to accept any. If only I had said that LTTE is the sole representatives of the Tamils I
would be in Parliament today as the leader of the 15 MPs. I said no. One of my
colleagues – I don‘t want to mention the name – he said,‖ I am also not accepting the
LTTE as the sole representative of the Tamil people, and I don‘t say that but why are
you saying that. I am here today without a seat in Parliament because I took up the
position that the LTTE is not the sole representative of the Tamil people. All the
others are in Parliament today because they accepted the LTTE as the sole
representative of the Tamil people – which is not true. I did not want to cheat myself
and the people. I have not lost anything. I have told my people so. I am free now. Sir I
am one who had walked through from Kilali to Malavi a distance of 70-80 miles and
visited every home in the Kilinochci electorate.. The moment I got elected as MP I
gave up my practice as a lawyer. I did not do even notarial work. I took Parliamentary
career as a real social work and not for anything else.

Prof. Hangawatte

Sorry I was really addressing … I am really impressed by your independence that you
have shown or trying unlike as you mentioned. But I am still bothered by … there are
no … lack of initiative and participation …

Mr. Anandasangaree

I fully agree with you.

Prof. Hangawatte

… and development of programs.

Mr. Anandasangaree

There are no opportunities. There are a number of NGOs. They can‘t work – they
can‘t do any social work they must get permission. Locally leave aside the foreign
NGO. I am prepared to do that.

Prof. Hangawatte

So what is preventing the people from developing mechanisms of self governance?

What is preventing them? I am just asking.

Mr. Anandasangaree

Red tapeism. It is not correct to call red tapeism but in one sense red tapeism is the
main handicap and main obstruction. Give them a free hand they will do it.

Mr. H.M.G.S.Palihakkara

Just to have the benefit of your views, how important is the compensation in the
process of reconciliation – compensation to victims?

Mr. Anandasangaree
First we must win over the people – win over their hearts. You go and tell them we
will give you something or we will construct this road, they are not interested. They
are first worried of their independence and food. Can you imagine people going
behind, even very respectable people are going behind some politician begging for
favours? First people must be satisfied that there is a genuine attempt for development.
Once that idea is impressed then the people will tolerate development also. If you go
from Jaffna to Kilinochchi – I have not seen any Vasantham or Uthuru Vasantham . It
is only in name. Proper development is not taking place. People want that first.

Chairman

Now you touched on this question of compensation to persons who have been
affected or who are victims. Now can you express your views as to how they should
be compensated?

Mr. Anandasangaree

Kilinochchi is an agricultural area and primarily a colonist area. Under various

schemes people are given 5 acres, 3 acres ect.. And they were given some assistance.
For 6 months they were given some subsistence and other assistance.. Some have
become very prosperous and some very rich. Then the small cottage that was given to
them expanded. Kilinochchi became a very rich area. During my period I could see
the differences. The cottages were expanded into beautiful houses. You can even now
go and see that. Now they have lost everything. They lost everything because of this
foolish movement –the LTTE. Actually they drove the people like a herd of cattle.
They were driven from one place to another. If they were allowed to escape they
would have saved their properties. They first left behind some furniture and things
like that. The next stage they left behind their furniture and moved further. Like that
ultimately when they reached Matalan they were there only with the clothes that they
were wearing and some fortunate people with some extra clothes. Many people left
behind their jewellery and came, because they were told that they cannot take more
than five sovereigns only. What I say is not a rumour. It is a fact. They were also told
that they couldn‘t take more than 5,000 rupees. There is evidence that a lot of money
was found after these people left.

Chairman

So what is the strategy that you would recommend as far as compensation is

concerned?

Mr. Anandasangaree

They must pay compensation to some extent. A man who had a tractor and cultivated
about 10-15 acres of land, and the tractor is no more there. If you can‘t compensate
for the tractor by its worth give him compensation for the other things. He had lost
everything he had. For example take my house in Kilinochchi, I found one volume of
the legislative enactment set was thrown into the garden and the others missing. I got
a table made for my use and got it fitted inside the room so that no one could carry it
away. It was missing with many other things. Ultimately I did not have even a stool to
sit down. I had to buy one. That is the case with everybody. Just imagine Sirs if all the
people in Colombo are asked to quit within one day or not even a half a day notice.
What can you take from your home? The very minimum what you could carry even
electrical gadgets you won‘t take. If you are a man in practice you may take your
certificates and some other things. I believe I brought only my certificates from home
when I left. That is the only thing I took from my house. After enjoying a luxury life,
or a reasonably good life, you come back to see nothing is left in your home. Is it not
the duty of the Government to compensate you in some form without giving you just
Rs.5000 as first instalment, Rs.20, 000 as second instalment and that‘s all. Or even
50,000 as third instalment. But there are people who have not got even their 5000. .
What can you do sir with 5000? A man with 5 children 5000 is not enough no to give
them a good meal … after starving for a long time. So the first meal they take after
getting out of the IDP camp 5000 is not sufficient and they are expected to live on that.
I saw a lady weeping ―Sir I have not seen the colour of rice for months.‖ In place of
rice it seems they are given wheat flour. What is the Government spending? All these
are given under World Food Program. The Government is not spending money for
food program. And there are huge number of readymade windows and doors for the
construction of pre fabricated houses between Muruhandy Temple and Kilinochchi. I
think they are building houses and I am told that is for the Army. Can you find
reconciliation any day with this type of activity going on? Army occupying pre
fabricated houses; the man who had built the house with his own labour is on the
street. And these people are kept in the refugee camps – 750 families. They are the
owners of the land which the Government intends to house the Army.

We must now decide whether this country is going to be free. Every Tom, Dick and
Harry in this country should enjoy equal rights; the same rights or part of the country
is going to be under subjugation of another group similar to the LTTE. It was also a
military group.

END OF QUESTION TIME

Chairman – closing statement

Mr. Sambandan, I am sorry. Mr. Anandasangaree I must thank you on behalf of the
Commission …

Mr. Anandasangaree

Thank you sir for the opportunity.

Chairman

… I hope you did not misunderstand. That was just a genuine slip. Mr.
Anandasangaree I must thank you very much for having come here and we really
admire the independence that you displayed and the frank discussion that you had
with us and we have certainly benefited from the views that you have expressed and
certainly we will consider the views that you expressed in formulating our
recommendations.

Mr. Anandasangaree
Thank you sir for giving me this opportunity and I further apologize to you if I had
caused you any embarrassment in the course of the discussion.

Chairman

Nothing at all.

Mr. Anandasangaree

Thank you

Chairman

I think I caused you embarrassment by …

END

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http://www.island.lk/index.php?page_cat=article-details&page=article-
details&code_title=10272

Defeating LTTEterrorism:|
Gomin shows how to establish just war
October 31, 2010, 12:00 pm

article_image

LLRC told of President Rajapaksa‘s right to take military action

Senior lawyer Gomin Dayasri says the Sri Lankan government can justify its war
against LTTE terror on the basis of seven principles required to establish a just war
coming down from the time of eminent jurist Hugo Grotius.

Dayasri told the Lessons Learnt and Reconciliation Commission (LLRC) last
Thursday (Oct. 28) investigating the circumstances that led to the Eelam War IV how
the country could face the threat of UN war crimes inquiry and a probe launched by
the US.

The following is the paper headlined ‗Legal Issues to Establish Just War‘ presented
by Dayasiri to the LLRC: (1) The war was waged against an organisation deemed to
be a terrorist organisation that had bans imposed against them and recognised by the
UN as utilising child soldiers. Its war was not a liberation struggle.

(2)The LTTE was terrorist outfit that spilt beyond territorial boundaries as evident
from the assassination of former Indian Prime Minister Rajiv Gandhi. In the
international realm there were money laundering rackets, terrorist funding, especially
through networks such as the TRO, illegal shipping activity, narcotics trade that
enabled the outfit to buy/bring arms to the country.
(3). It was a war Mahinda Rajapaksa government had to wage after all attempts at
peace talks failed. At the first round of talks at Geneva, the LTTE was not interested
in a peaceful solution but wanted to disable the breakaway Karuna group. At the
second round, in Oslo they refused to talk at the table. When they realised at the third
round in Geneva that the government was not going to open the A-9 highway, they
walked away from talks. It was only after the government realised that there was no
purpose in continuing peace talks and when it was clear that the CFA was being
violated beyond the limits of tolerance, that had decided to wage war to rid the
country of terrorism after the failure of all other options.

(4) Features of the war that makes it a just war were:

(a) It commenced after exhausting the peace process to its end after many futile
attempts and after LTTE re- launched several attacks after violating on many
occasions the terms in the CFA and when the terrorist started depriving civilians of
water resources available to the local population that the government decided to
undertake the war

(b) The fact the war was completed successfully within a short period ending
terrorism and ushered a period of genuine and lasting peace. The people held captive
were restored their democratic rights with political plurality and the right to exercise
the franchise together with the right to dissent. The fact that a party opposed to
government won a majority of the votes in the North and East is a matter of
significance as it shows that political plurality was indeed established, democracy
restored and a free and fair election duly held without delay.

(c) The fact that a stable and peaceful society emerged after the end of terrorism
shows that it was a just war that benefited the people. A just war was the only possible
avenue to a lasting peace and a society where law and order prevailed and there was
end to the carnage of 30 years.

(d) The fact that during the military campaign (until the final stages) there were no
complaints of harm to civilians (except of a few stray and vague complaints) and that
the majority of the complaints were during the last few days of the war establishes
that the military exercise was carried out with the intent of minimising civilian
casualties and it was successful. You can never have zero casualties in a: war but this
reveals that the principles of proportionality leading to excesses did not feature. If so,
civilian casualties should have been a uniform complaint throughout the military
campaign but that was not the cry or complaint. Even the complaints made by the US
State Department covers a period that coincides with the period that the terrorist were
holding civilians as human shields for their protection during the last days of the war
when the theatre was in a restricted area.

(e) The fact that all times when the civilians desired to make the crossing to
government areas and when ever they got the opportunity they did make the crossing
and never desired to go back to the terrorist controlled areas.

(h) Rehabilitation of cadres returning child soldiers to parents, no prisoners of war

except in cases where crimes have been committed- the characteristics of a just war.
(i) Principle of jus ad bellum-can be invoked since the military operation commenced
with the intent to provide water to a multi ethnic community where water sources
were deprived by the terrorists; which is needed for consumption and livelihood- so
that it originated with the intent to restore lost basic human needs. Throughout the
military campaign the purpose was to end brutal terrorism that terrorized the entire
country and deprived a sector of people their democratic fundamental and human
rights. The fact of success within a limited time frame shows it was an achievable
goal realistically undertaken that contribute to eventual greater good theory-a
principle of a just war. This was indeed achieved. The accusation of excesses came in
only during the last phase of the war when there was near hand- to- hand fighting in a
small theatre where the terrorist were hiding in a zone meant for civilians exclusively
and civilians were held in captivity as a human shield. If the war had been not
completed within a short time frame there would have been serious international
ramifications that would have prevented the end to the war. If Millebands and
Kouchners were let loose to sun bathe on the beaches in Nandikadal we would not
have been enjoying the luxury of peace today!

(j) Principle of jus in bello has been satisfied because the targets taken were of a
military nature. It was proved beyond doubt the Senencholai (that was the celebrated
human rights case) showed beyond doubt that it was military training camp where
children were taken against their will. There were no complaints during the Eastern
campaign or till the last days of the Wanni campaign that there were civilian targets
zeroed. In that narrow stretch of land between the lagoon and the sea where the
terrorist established every inch of the land termed a ‗no fire zone‘ as a cover for
civilians as a protective shield for themselves. In fact, it was a live military camp
where the terrorist leadership quartered holding the civilians against their will, as their
final line of defence. That whole stretch of land was a military target required to
complete the war against terrorism as it was the final headquarters of those mastering
the terrorist war. Two factors stand out

(i) With the backbone of the terrorist leadership being decimated, terrorism came to
an abrupt end. This would not have been possible to achieve unless terrorist military
installations was over run. You cannot take the prime military installation without
civilian casualties when they kept civilians as the last defence line till the attempted
final break out by the leadership took place with their family members.

(ii) The fact that hordes of civilians crossed the line during the last 48 hours when the
LTTE began to loosen their iron grip over them displayed that they lived in captivity
searching for the first opportunity to escape. If the Forces did not carry out a softening
up operations to flush terrorists, those civilians would not have obtained escape
avenues. It was an imperative military exercise. All attacks were made within limits
of token collateral damage to civilians. The military objectivity of ending terrorism
and the achievement of greater good within a limited time frame was successfully
achieved

It fits perfectly with additional protocol No. 1 of 1977 on the principle of an

advantage achieved in defeating terrorism, in terms of a just war in the absence of
excessive collateral damage. Democratic and human rights were restored over
territory held over by terrorists. This battle brought to a conclusion 30 years of
terrorism. The extent of collateral damage is minimal compared to Hiroshima and
Nagasaki, which ended the war against Japan? There was minimising of collateral
damage to the possible minimal by resorting to No Fire Zones, Precision bombing,
use age of small arms, intelligence obtained from surveillance drones on civilian
presence as the methods to lower human casualties. On the contrary, drones are used
as attack instruments in Pakistan presently, while in Sri Lanka it hovered over the
battlefield relaying pictures of civilian movement to ground commanders to save
innocent lives.

Humanitarian aspects of the military undertaking have already been presented by

other witness and therefore will not dwell.

There are seven principles required to establish a just war coming down from the time
of Hugo Grotius, eminent jurist

(1) there is a just cause-[to end terrorism and restore democracy]

(2) there is right authority-[undertaken by a sovereign state to regain land/people

captured by terrorists and held under their command depriving them of the democratic
rights enjoyed by the rest of the country]

(3) right intention-[to attack the terrorists while providing humanitarian assistance to
the people under the control of the terrorist and to safeguard civilians from collateral
damage]

(4) resort to force being proportionate to the object- [the safeguards taken to protect
civilians, the attacks directed at military targets]

(5). last resort-[after efforts at peace talks collapsed and at the stage the terrorists
deprived people of facilities to water to maintain life and agriculture that the war was
initiated when the terrorists were disregarding the CFA comprehensively]

(6) peace is the goal-[the results show permanent peace was restored and democracy
regained]

(7) hope-of success-[success achieved comprehensively within a short time frame for
the greater good. in a planned undertaking with minimal damage to human life].

What was at stake was the self - defenses of a sovereign state where the sovereignty is
vested in the People by the Constitution which was under attack by a terrorist
organisation which does not adhere to the principles of democracy or the norms of
human rights. Should that have been a state in perpetuity or regained by an armed
assault after efforts of peaceful undertakings were rejected by the terrorists? The
government had no other option. The war effort was criticised by only a handful of
western nations ironically engaged in wars fought without any considerations of
humanitarian efforts (unlike the campaign in Sri Lanka where humanitarian
consideration were a prime factor) that have been universally condemned as wrongful
interventions and a few NGOs carrying out their own agenda on human rights. Most
countries after the war lauded Sri Lanka for eliminating terrorism comprehensively
and are learning lessons from our campaign.