Columns - Political Column

Moves afoot to get UPFA “home grown”policy going

  • US tells GL to make Secret Action Plan public, insists on accountability for alleged war crimes
  • UNP-TNA set to announce decision to participate in the PSC after successful Mahinda-Ranil talks
By Our Political Editor

Leaders of both the United National Party (UNP) and the Tamil National Alliance (TNA) will make separate announcements in Parliament next week on important political issues if behind-the-scene consultations with the government, now under way, bear fruit.

At Temple Trees: The UNP delegation led by Ranil Wickremesinghe discussing the national question with President Mahinda Rajapaksa and senior Ministers.

The most significant among these announcements will be that the two parties will take part in the proposed Parliamentary Select Committee (PSC) that will formulate a political package to address Tamil grievances. This is whilst the TNA conducts a parallel dialogue with a government delegation. The outcome of such a dialogue will also be placed before the PSC for further discussion and adoption.

The basis for the activation of the PSC and the resumption of government-TNA talks formed the subject of discussion when a UNP delegation led by its leader, Ranil Wickremesinghe met President Mahinda Rajapaksa and his senior ministers last Monday. Rajapaksa, who has been in contact with Wickremesinghe, invited him for talks. The latter, who consulted his senior advisors in the party, decided that a delegation should meet with Rajapaksa and place before him in writing the position of the UNP vis-à-vis some of the burning political issues. Few of these advisors were strongly of the view that Wickremesinghe should not go alone for a one-on-one discussion.

This was to ward off accusations, like in the past, that it could be misinterpreted to mean the UNP was collaborating with the government. Thus, a delegation of those handling the subject of devolution was picked to meet the President. It was to leave out the party's deputy leader Sajith Premadasa. In the meantime, UNP leaders consulted their counterparts in the Tamil National Alliance. The two parties have developed a working relationship and held a May Day rally jointly in Jaffna this month. TNA leaders gave their concurrence to a draft document the UNP had formulated.

At the State Department: External Affairs Minister and Secretary of State during their 10-minute public appearance

The contents of the document were the subject of discussion last Monday. Wickremesinghe spoke about the need to set up independent commissions, a request that did not meet with much favour from Rajapaksa. As pre-conditions for joining the Parliamentary Select Committee, the UNP, among other matters wanted two issues included in the PSC agenda. One is the enforcement of the 13th Amendment to the Constitution and related issues. The other is the implementation of the recommendations of the Lessons Learnt and Reconciliation Commission (LLRC). If these are agreed upon, the UNP said, it could persuade the TNA to take part in the PSC. On the subject of the 13th Amendment to the Constitution, which the UNP leader raised, Rajapaksa was non-committal.

Since the first document was handed over to Presidential Secretary Lalith Weeratunga, it has been going to and fro with UNP leaders. Additions and changes were being made to what would be the agenda of the PSC. Since Weeratunga had to leave for Washington as a member of the Sri Lanka delegation that held bilateral talks with US Secretary of State, Hillary Clinton, he had left the task in the hands of Dullas Allahapperuma, Minister of Youth Affairs and Skills Development. He sent the UNP leaders what seemed a final draft on Friday. It was accompanied by a document that enumerates the steps the government will take to implement LLRC recommendations.

If it meets their approval, the announcements are most likely on Tuesday. Otherwise, the dialogue behind the scenes would continue until finality is reached early. President Rajapaksa wants to see the early convening of the PSC. He left yesterday for Qatar to attend the Doha Forum. Sheikh Hamad Bin Khalifa Al Thani, Emir of the State of Qatar, will preside over the opening ceremony of this event today. The Forum will offer an overview of issues regarding democracy, development and free trade in the Middle-East, the Arab countries and the world. The international guests of honour this year will be President Rajapaksa, and Abdou Diouf, former President of Senegal and current Secretary General of the International Organization of La Francophonie. The Doha Forum will be held at the Doha Sheraton Hotel from today till Tuesday. It will be attended by more than 660 participants representing over 84 countries and organizations.

It is clear from the behind the scenes dialogue that has gone on so far in Colombo, that the government has expressed willingness to have the PSC discuss matters related to the 13th Amendment to the Constitution and "build on it." However, that is by no means a commitment that the controversial amendment would be enforced. More so with the government insisting that any solution to address Tamil grievances should be "home grown". This position was articulated just this week by External Affairs Minister G.L. Peiris when he made a presentation at the Woodrow Wilson Institute in Washington DC. He said, "lasting peace, stability and growth in Sri Lanka will be achieved through home-grown solutions, not those prescribed by the international community." He fired a broadside at India when he declared, "it can't be donor-driven or foreign-owned. That will be unhelpful in implementing the reforms that are required at this moment in history."

The 13th Amendment was introduced by the government of late President J.R. Jayewardene after the 1983 ethnic violence and the 1987 forced food drop over Sri Lanka by India just when government forces were preparing for a final assault on the LTTE in 'Operation Liberation'. India played the role of an interlocutor in helping the government formulate these amendments under an Indo-Lanka Accord. The non-implementation of some of the provisions in the 13th Amendment has led to a new low in Sri Lanka-India relations.

The Indian government has said that it backed the US-sponsored resolution on Sri Lanka at the UN Human Rights Council in March because Sri Lanka has not honoured its promises -- a pointed reference to the non-implementation of the entirety of the constitutional amendment. Yet, the government's agreement to discuss the issue before the PSC highlighted the importance it attached to having the parliamentary body function. That was to demonstrate to the international community that the government was now acting on several important issues though post haste after the UN Human Rights Council adopted the anti-Sri Lanka resolution in March.

Its significance was underscored by remarks External Affairs Minister Peiris made in Washington D.C. A news release from Sri Lanka's Washington Embassy, which continues to hire the public relations firm, Qorvis (sub contracted by Bell Pottinger), said: "During the talks, Minister Peiris also noted that Sri Lankan President Mahinda Rajapaksa and Opposition Leader Ranil Wickremesinghe met on Monday to discuss matters related to multi-party participation in a Parliamentary Select Committee. The committee will consider constitutional amendments, Minister Peiris said, and it was important to the government that minority parties in Parliament take part in that process which should be all inclusive."

The reported remarks, according to the press release, were a meeting with Chris Van Hollen (Democrat - Maryland) and Robert Aderholt (Republican - Alabama) co-chairs of the Sri Lanka caucus in the US House of Representatives. Van Hollen's father once served as U.S. ambassador to Sri Lanka. Congressman Van Hollen, born in Pakistan, schooled in Sri Lanka for some years when his father Chris Van Hollen Senior was US Ambassador in 1972. His father is now 92 years old and leads a retired life.
On the verge of reaching accord over the PSC, as well as the government-TNA dialogue, frictions also exist. Recently the UNP leaders were irked by comments from UPFA politicians that the meeting the delegation headed by Wickremesinghe held was with the Sri Lanka Freedom Party (SLFP) and not that of the government. They countered back that inviting them to attend last Monday's discussion was the President and not the SLFP leader. Even the letter sent to them bore evidence, they argued.
Besides Wickremesinghe, the UNP delegation comprised Tissa Attanayake, Joseph Michael Perera, John Ameratunga, Ravi Karunanayake and Lakshman Kiriella. Helping Rajapaksa from the government side were Ministers Basil Rajapaksa, Nimal Siripala de Silva, Maithripala Sirisena and Dullas Alahapperuma.

Engaging the government instead of keeping away from the PSC and encouraging the TNA, their new ally, to go for talks is a new strategy which a section of the UNP convinced their leader Wickremesinghe to adopt. They point out that "the party should take on the government" and thus "expose their reluctance to implement the recommendations of the LLRC." This, they contend, is because the government is talking of a "home grown solution" and that is precisely what the LLRC has done. It was the government that appointed the LLRC.

The impending dialogue between the government and the opposition political parties reflects a marked shift in the UPFA policy, particularly after the US backed resolution on Sri Lanka was passed at the UN Human Rights Council in Geneva.

Other developments that came in this backdrop were bilateral talks a Sri Lanka delegation had with US Secretary of State Hillary Clinton in Washington DC on Friday and the impending release of Sarath Fonseka, the former Army Commander who led troops in the military defeat of Tiger guerrillas three years ago.

Minister Peiris met with Clinton for talks at the State Department at 10 a.m. (Washington time) on Friday and lasted 45 minutes in all. This was because Clinton had to be at the White House at 11 a.m. to be on hand when the newly elected French President Froncois Hollande, met President Barrack Obama. He is in Washington DC to take part in the G-8 (United States, Germany, France, Britain, Japan, Russia, Italy, and Canada) summit at Camp David in Maryland. Ahead of the bilateral talks with the Sri Lankan Minister, Clinton sat for a briefing with US Ambassador to United Nations, Susan Rice. This was whilst Peiris and his entourage met Robert Blake, Assistant Secretary of State for South and Central Asian Affairs. A "camera spray" when Clinton came up with Peiris to make the introductory remarks was allowed for media photographers. The official texts of the introductory remarks made were released thereafter. Other than that, the official US position was articulated by Victoria Nuland during the noon news briefing at the State Department. This is what transpired:


QUESTION: Do you have a read out on Secretary's meeting with the Sri Lankan foreign minister this morning?
MS. NULAND: I do. Secretary met this morning for about 45 minutes with Sri Lankan Foreign Minister Peiris. The foreign minister presented a very serious and comprehensive approach to the Lessons Learned and Reconciliation Commission's implementation and the plans that the government has, including plans to make it more public and accessible both to Sri Lankans and to those outside Sri Lanka, what the government intends to do in the implementation realm. The Secretary encouraged a really transparent, open, public process, not only on the LLRC specifically and its implementation, but also with regard to accountability; to strengthen reconciliation, public confidence inside and outside Sri Lanka in the process; and frankly, to speed the healing of the country. So she really - she said good plan, now you really need to make it public; now you really need to show your people, the world, the concrete implementation steps going forward.

She also stressed the importance, as she always does, of demilitarizing the north; of getting to the provincial elections in the north; protection of human rights, including protection of the press; and generally the creation of an environment that's inclusive; engagement and the creation of space for civil society along the lines of what she talked about globally earlier in the week.
They also had an exchange on Sri Lanka's efforts to reduce its dependence on Iranian crude, and we are encouraged by the steps that Sri Lanka has taken.

QUESTION: Can we follow up there?
MS. NULAND: Yeah, please.
QUESTION: Did - on accountability, did she refer specifically to prosecuting war crimes at the end of the war - the 40,000 civilians who died?
MS. NULAND: This is precisely what we mean when we talk about accountability in all of it.
QUESTION: I know, but how specific did she get about that? I mean, did she ask for -
MS. NULAND: She's spoken in general terms, and then there were separate meetings with the delegation that Bob Blake had, that Mike Posner had, to go through the details.
QUESTION: Would you say that the percentage of time they spent speaking is roughly the same as their public appearance - in the private meeting?
MS. NULAND: No.
QUESTION: So it was roughly equal?
MS. NULAND: They were in public about 10 minutes and then they were in private about 35 minutes.
QUESTION: Well, of that - no I understand that.
MS. NULAND: Yeah.
QUESTION: But of that 10 minutes that they were in public, about eight and a half minutes was this foreign minister. Would you say that he dominated the private schedule?
MS. NULAND: No, no, no. It was a balanced conversation.

The reverberations of Nuland's remarks were felt in the far corner of the globe. External Affairs Minister Peiris was quoted by Radio Australia as saying, "Differences with the United States were overstated, noting that the US-backed resolution at the UN Human Rights Council called for domestic action rather than an international inquiry. In a story headlined "Sri Lanka rejects fresh calls for probe into war atrocities," Radio Australia's presenter Sen Lam interviewed Sri Lanka's High Commissioner in Canberra, Admiral Thisara Samarasinghe.

SAMARASINGHE: Colombo is co-operating with every international agency, every country bilaterally, who are willing to support Sri Lanka in our reconciliation process. We have carried out a systematic and very important census of the north and east, by the population and officials of the north and east. And we have come about finding out the details of the people who're missing due to this conflict, with a ruthless terrorist organisation who has sent suicide bombers, to see that the people just vanished through thin air, with no trace. So these are the difficulties and the complexities of the situation. We will do the correct thing by our population and we need to look after our population.

LAM: As you say, it has been three years since the end of the civil war. And yet, from all reports, Sri Lanka's Tamil community still doesn't feel it has a genuine sense of inclusion, of being true stake-holders in Sri Lanka….. What do you say to that?

SAMARASINGHE: Absolutely wrong. We have a government which was elected by the people. They are being represented by in the parliament. There is a Tamil National Alliance, the Tamil political party, there were elections in the north, and that party won the majority of the provincial elections. So what you say is absolutely wrong, Sen.

LAM: But what about Tamil neighbourhoods, that still find themselves overrun by Sinhalese military, and indeed, many of the soldiers, don't even want to be there. How is that issue being resolved now?
SAMARASINGHE: That's an absolute falsehood, this is false propaganda. I can vouch, because I have first-hand experience. In the north and east, there was a large area of land which was not under the total control of the government, and now, the LTTE (Liberation Tigers of Tamil Eelam) the terrorists have been eradicated, those areas need to be policed, and security is the prime concern of any country. So we will be placing our police, as required by the government's security contingencies and strategies, and we will ensure that our citizens will have peace and security and safety. And we have shrunk all our military deployments, especially the higher security zones, and there are only military bases like any other country, and we have placed them strategically, and the military has come out of the administration of the north and east. And if you travel to Sri Lanka, you will see it -- not only Tamils, but any person of Sri Lankan origin, whose motherland is Sri Lanka, they have all the right by the constitution, to return to her or his country.

LAM: Some people find it extraordinary that after almost three decades of civil war, that no one had been held accountable for the atrocities that were committed during the conflict?

SAMARASINGHE: In Sri Lanka, the people have been saved by the military, after having been held for so many years, under the gunpoint of terrorists. It is clear evidence that 300-thousand have been rescued by the military.

LAM: Isn't this 'evidence' provided by the military -- there is no independent or independently-assessed evidence?

SAMARASINGHE: There is no need of independently-assessed evidence. The evidence was made available to the LLRC (Lessons Learnt and Reconciliation Commission), anybody could've come to the LLRC to give evidence. And based on that evidence, there'll be further inquiries. And if any individual who's committed an offence or criminality that will be identified. Appreciate the great work -- 11,000 militants -- tell me a country which 11,000 militants from a most ruthless terrorist group, have been rehabilitated and put back to normal life, within three years. These are records that we are very proud of, and the 300-thousand people who were kept under gunpoint by terrorists were released and they were kept in welfare centres, and they were put back, ninety-seven per cent have been put back to their normal place of living.
Earlier, both Clinton and Peiris made introductory remarks before the media ahead of the talks. Here are highlights of what each of them said:


SECRETARY CLINTON: The United States strongly supports the process of reconciliation and reconstruction in Sri Lanka. We have very strong, important ties between our two countries. We were encouraged to see the end of a very long, bloody, terrible conflict, and look forward to working with Sri Lanka as they pursue their commitment to a better future for all the people. And the United States wants to be a supportive partner in those efforts. I'm looking forward to a productive conversation with the minister.

MINISTER PEIRIS: During the intervening period of two years, a great deal has happened in my country, and by any standard, those developments represent a substantial accomplishment. We have been able to complete 90 per cent of the work connected with the resettlement of the people who were displaced by the conflict, and there is also a very moving story in human terms with regard to the ex-combatants who have all been rehabilitated. This includes 595 child soldiers who - they have all been reintegrated into society after the benefit of exposure to programs of vocational training which equip them to earn their living.

The most striking developments have really been in the northern province of Sri Lanka where the economy is growing by as much as 22 per cent in comparison with the average for the rest of the island, which is about 8 per cent. Now this is the result of an emphasis on the development of infrastructure to a degree that is really without (inaudible) at any other time in the island's history. This is, itself, the product of a deep conviction of ours that there is an intimate connection between reconciliation and economic development.

We believe that any realistic process of reconciliation must focus upon economic factors; there must be a certain threshold of economic contentment and well-being, and emphasis on access to livelihoods and incomes. These are essential aspects of a reconciliation process. They have overriding importance, although of course we are, at the same time, addressing other aspects of reconciliation including land, language, which is a key to the understanding of other cultures, and it is also, as I'm sure you would agree, a very powerful instrument for preventing the stratification of (inaudible) society. We are also addressing, in earnest, constitutional reforms which are appropriate at this stage of the country's political and social development.

I think I should refer very briefly to another deep conviction of ours, namely that a reconciliation process, if it is to be successful, it must reflect sensitivity to the aspirations of our people. It must have a home grown polity. It is only then that the people of the country at large will be able to identify this process, which will then come alive in their hearts and minds.

Now, we have at this moment, a very rich and multifaceted relationship between Sri Lanka and the United States. We have as many as 5,000 students studying in the universities of the United States. And there is excellent cooperation between our two governments in the realm of defence. And only yesterday, I had a very productive meeting in the office of the United States Trade Representative, and the object of that meeting was to explore ways and means of building upon the trade and investment framework agreement which is in existence between our two countries.

And I'm convinced that today, more than ever before, with the return of stability and tranquility to our country, there is abundant scope for building further upon the relationship that is already very strong and vibrant. And that is why I'm particularly happy to be here in Washington today to meet with the Secretary of State to have a candid discussion about the future of the bilateral relationship between Sri Lanka and the United States.

Before sitting down for the bi-lateral, Clinton greeted all seven members of the Sri Lanka delegation. Besides Peiris, they were Minister Anura Priyadarshana Yapa, Presidential Secretary Lalith Weeratunga, External Affairs Ministry Monitoring MP Sajin Vaas Gunawardena, Sri Lankan Ambassador Jaliya Wickremesuriya, Deputy Ambassador Esala Weerakoon and External Affairs Ministry's Additional Secretary Kshenuka Seneviratne. Though not present at the talks, the Sri Lanka delegation also included a senior Army officer from the Directorate of Military Intelligence.

Clinton was accompanied by Robert Blake, Assistant Secretary for South and Central Asian Affairs, Michael Posner, Assistant Secretary for Democracy, Human Rights and Labour, Amos Hochstein, Deputy Assistant Secretary, Bureau of Energy Resources (he is in charge of US sanctions on Iran), Emily Fleckner, Desk Officer for Sri Lanka, Victoria Nuland, State Department Spokesperson and a member of Clinton's personal staff.

More details on what transpired during Peiris-Clinton dialogue will unfold as the weeks go by. Yet, going by the account of the US position, spelt out by their official spokesperson, it is clear that Colombo and Washington are at variance on some issues. Firstly, on the positive side for the delegation is the fact that they have during their visit, the first by an External Affairs Minister in two years, narrowed down to some degree the deficit in confidence. The delegation has projected a positive and a much more refined diplomatic stance compared to the aggressive and unfriendly position taken up at the UNHRC sessions in Geneva with various delegations. There, it was not only one of exhibiting open hostility, but lacked any cohesive strategy.

That explains why the largest ever Sri Lanka delegation pulled in different directions, aggravated by personal intrigue among officials, and offended many rather than defend the country's position. The change was visible in Washington DC. A consistent and orderly pattern in the conduct of diplomacy emerged though not necessarily one that was agreeable to both sides in their entirety.


However, the US, as expected, has not backed away from pursuing the contents of the Geneva resolution. On that subject, it has made clear on the need for "accountability" and prosecuting those responsible for alleged war crimes. It has also set some benchmarks. The US wants the government to be "transparent" in the measures they take both on the LLRC recommendations as well as on "accountability."
As exclusively revealed in these columns, Peiris' Action Plan was to remain secret until his US visit. However, it could not be finalised. A document with selected recommendations of the LLRC, given to constituent parties of the UPFA for their comments, did not arrive on time. The full text of this document was revealed in these columns last week. It was apparent that it was a rush job by the Ministry with only one word points made on what the government planned to do on the recommendations. Now, US Secretary of State Clinton has asked Peiris to make that Action Plan public, to show it to the public and not to hide behind a veil of secrecy in what the government is doing.

Also revealed exclusively in these columns was the decision by the cabinet to appoint an official committee headed by Lalith Weeratunga to implement recommendations which will finally be decided upon by the constituent partners of the UPFA. The External Affairs Minister had wanted the committee to function from his ministry. However, it has now been made clear to him that the committee will be located at the Presidential Secretariat from where its work will be closely monitored by Weeratunga.
Another issue is what the US calls the "importance of demilitarizing the north." A prompt response to this call came yesterday from President Rajapaksa. In an address to the nation during yesterday's Victory Parade he asserted that military camps cannot be removed. He said they were required for security. This applied not only to camps in the north but also in other parts of the country. The occasion was the third anniversary of the military defeat of Tiger guerrillas. The event was marked by a military parade by more than ten thousand troops and officers.

The call for provincial council elections in the north, protection of human rights, media and creating an environment that is "inclusive," creation of space for civil society are other issues raised. These are expected to resonate at two different UN fora. One is the upcoming Universal Periodic Review (UPR) where Sri Lanka's human rights record will be examined by the UN Human Rights Council in Geneva in November. Thereafter, in March next year, the Council meets again and a review of the US-sponsored resolution is due to come up. This is when the United Nations High Commissioner for Human Rights submits a report on whether or not Sri Lanka has conformed to the provisions of the resolution.
Developments in the recent weeks are further confirmation that in a new policy shift, the government has set about taking a positive course of action though it may be considered inadequate in some areas. The theme of such a shift is to engage than to insult those who disagree. It is also further confirmation that if the government was to have acted this way much earlier, and was properly advised by the Minister of External Affairs, a resolution in Geneva could have been easily avoided. At least that is one lesson learnt.

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