Groundwork for Truth, Unity and Reconciliation Commission underway
Dr. Elias Joseph Jeyarajah, represented the Global Tamil Forum (GTF) at the recent launch of district level workshops for ‘National Conversation’ based on the Himalaya Declaration. The first inter-religious coordination committee promoting conversations on the merits of the Himalaya Declaration was held in Kurunegala on February 09.
In spite of opposition from various quarters, particularly an influential section of Tamil Diaspora, the organizers went ahead with the project. The participation of US-based Dr. Jeyarajah, one of the eight-member group that met President Ranil Wickremesinghe in Colombo in early December last year underscored the importance of the occasion.
Dr. Elias Joseph Jeyarajah
A spokesperson said: “It was the first of the five planned workshops meant to train 150 interfaith clergy and civil society members as coordinators. They will be the key resource persons who will facilitate the planned 25 districts’ conversations, in the coming months. These workshops will all be two-day workshops, spread around the country. Next one will be in Kandy, then in Batticaloa, Matara and Vavuniya.”
About 30 persons received training at the Kurunegala workshop. Participants at Kurunegala workshop included those from neighbouring Puttalam and Anuradhapura districts. The participants comprised clergy from Buddhist, Hindu, Muslim, Catholic and Christian religions and civil society members.
Sangha for Better Sri Lanka (SBSL) that participated in the GTF-led initiative in December last year subsequent to Nepal talks was represented at the Kurunagala workshop by Ven. Madampagama Assaji Tissa Thera, Ven. Prof. Pallekande Rathnasara Thera, Ven. Kithalagama Hemasara Nayake Thera and Ven. Siyambalagaswewa Wimalasara Thera.
In addition to the above mentioned persons, Visaka Dharmadasa and staff from Association for War Affected Women (AWAW) participated, backed by professional facilitators Indika Perera, Dr. Dayani Panagoda, and Nagaratnam Vijayskanthan who also provided translations.
Dr Elias said “It was wonderful to witness the continuation of the Nagarkot (Nepal) dialogue. Heard very favourable comments about Himalaya Declaration from most participants.” It would be pertinent to mention that Dr. Elias, during the war and after, campaigned extensively against Sri Lanka.
Each district will be represented by five inter-religious persons and a civil society member – in total six per district. Therefore, from the 25 districts there will be 150 coordinators. Once all five workshops are completed, the national conversation would begin, the spokesperson said.
By Shamindra Ferdinando
The Interim Secretariat for Truth and Reconciliation Mechanism (ISTRM) faces a daunting challenge in securing support for the Bill for establishing a Commission for Truth, Unity and Reconciliation (CTUR).
A meeting called by ISTRM, at the second floor of the Chartered Bank Building ,on February 09, 2024, to garner support for the vital Bill, revealed the deep discontent among an influential section of the stakeholders.
Former External Affairs Prof. G. L. Peiris, MP (now aligned with the main Opposition Samagi Jana Balawegaya), Emeritus Professor of Law Savitri Goonesekere, ex-member of the Consultation Task Force on Reconciliation Mechanisms, and one-time member of Office of Missing Persons (OMP) Mirak Raheem, as well as Executive Director of the National Peace Council (NPC) Dr. Jehan Perera, pointed out the deficiencies and weaknesses in the latest process against the backdrop of past failures.
Prof. Goonesekere was severely critical of the criminal justice system and the failure on the part of successive governments to address legitimate grievances of the people whereas Raheem underscored the responsibility on the part of the government to win the confidence of those affected by the conflict. Rahim didn’t mince his words as he pointed out that the government efforts lack credibility.
They commented on the Bill after Director General of ISTRM Dr. Asanga Gunawansa, PC, and Head of the Secretariat’s Policy Division Dr. Yuvi Thangarajah explained the ongoing process meant to create an environment conducive for the CTUR to commence investigations as soon as President Ranil Wickremesinghe appointed it on the recommendation of the Constitutional Council (Wickremesinghe is annoyed with the 10-mmeber CC over some key appointments, including that of the IGP. A dispute between the President and the CC can cause a debilitating constitutional crisis ahead of the forthcoming presidential poll.).
Journalist Nilantha Illangamuwa and Nilanthan Niruthan of the Centre for Law and Warfare expressed their views on the Bill, with the former frowning on the NGO agenda.
Dr. Gunawansa’s declaration of the government’s readiness to withdraw the Bill that had been submitted by Foreign Minister Ali Sabry, PC, in consultation with President Wickremesinghe, in case discussions with various stakeholders proved the need for significant changes, triggered quite a sharp response from Prof. Peiris, the only lawmaker at the meeting.
Prof. Peiris questioned the rationale in gazetting what Dr. Gunawansa called a concept paper. The internationally renowned law academic declared that an assurance to introduce amendments at committee stage of the Bill couldn’t be accepted against the backdrop of the disgraceful conduct on the part of Speaker Mahinda Yapa Abeywardena and the government parliamentary group in passing the ‘Online Safety Bill’ without accommodating specific recommendations made by the Supreme Court, he alleged.
Regardless of the absence of consensus among the participants regarding the CTUR Bill, the discussion helped the ISRTM to comprehend the issues at hand and perhaps may influence Dr. Gunawansa’s team to re-examine the Bill. Several civil society representatives, in addition to those mentioned above, and an official of ONUR (Office for National Unity and Reconciliation), promised to submit their comments in respect of the CTUR Bill. The Office of Missing Persons (Parliament passed OMP Act on August 11, 2016) and Office for Reparations (The Office for Reparations Act No. 34 of, 2018 was enacted and came into operation on October 22nd, 2018. This was the second statute adopted by Sri Lanka in line with the Geneva dictates. The first was the OMP Act).
Since then the Yahapalana government co-sponsored a disgraceful accountability resolution against one’s own country at the Geneva-based United Nations Human Rights Council (UNHRC) on Oct 01, 2015, altogether Sri Lanka has seven Acts, the seventh being the ONUR Act passed recently.
Dr. Wasantha Bandara, an outspoken critic of the Geneva-led process, has alleged that the enactment of CTUR law would put in place a treacherous system that could be used to subject senior military officers, both retired and serving under foreign jurisdictions. However, Dr. Gunawansa, without making a direct reference to Dr. Bandara’s concerns, declared that there was absolutely no basis for such an allegation.
However, on the basis of still unsubstantiated accountability allegations not subjected to judicial process at any level, notably the US and Canada, have unilaterally taken punitive measures against selected Sri Lankan political and military leaders, possibly under perceived feelings of superiority because their Westerners, the same way they are behaving towards the hapless Palestinian Arabs, who are being butchered day and night. But here they have conveniently not resorted to any action against war-winning Army Commander Field Marshal Sarath Fonseka other than the US denying visa to the Sinha Regiment veteran. So like kissing Western justice, it appears to go by favour.
Post-war Tamil Diaspora clash
The writer brought the recent arson attack on Canadian Tamil Congress (CTC) office in Canada to the notice of ISTRM as it was carried out by elements opposed to the Global Tamil Forum (GTF) entering into a fresh dialogue with Sri Lanka on the basis of what is widely referred to as the Himalayan Declaration with the backing of a section of the Buddhist monks (Sangha for Better Sri Lanka).
The CTC-backed GTF initiative (Dec 7-15, 2023 visit) received significant support but an influential and violent section of the Tamil Diaspora reacted angrily. They were especially piqued by the visiting delegation paying a courtesy call on wartime President Mahinda Rajapaksa. The result was the attack on the CTC office on January 27th. The incident shook the Canadian Tamils of Sri Lankan origin and caused concern among the Tamil Diaspora.
The bone of contention is Raj Thavaratnasingham of the CTC joining US, UK and Australia based representatives to promote what GTF spokesperson Suren Surendiran described as a national conversation involving all communities.
In spite of the Canadian High Commissioner in Colombo Eric Walsh declaring Canadian support for the latest initiative, Minister of Crown-Indigenous Relations Gary Anandasangaree condemned the GTF-CTC effort.
The Tamil Guardian in a report, titled ‘A betrayal beyond belief’ – Tamil Canadians vent their fury at CTC after meeting with Rajapaksa,’ quoted Anandasangaree as having said: “The recent engagement by the Global Tamil Forum and the Canadian Tamil Congress with former President Mahinda Rajapaksa is deplorable.
According to the report posted on Dec 18, 2023, the Member of Parliament for Scarborough Rouge Park questioned why the Tamil Diaspora delegation met Mahinda Rajapaksa against the backdrop of both him and ex-President Gotabaya Rajapaksa being sanctioned by Canada for gross and systematic violations of human rights.
President of the Tamil National Alliance (TNA) Canada branch Thangavelu, in an e-mail sent to the Canadian Minister, about a week after the attack on the CTC office, has questioned the failure on his part to denounce what he called a despicable and cowardly act.
Thangavelu pointed out several matters to the Canadian Minister. (1) Those responsible for arson attack on the CTC office called its members Tamil traitors for backing the Himalayan Declaration that has received the backing of a significant section of the Buddhist clergy (2) alleged lawmaker Anandasangaree joined Canada-based LTTE rump (3) Anandasangaree’s comments to the Tamil Guardian were not acceptable (4) challenged Anandasangaree’s claim that the CTC declared it represented the Tamil Diaspora (5) reminded Anandasangaree how those LTTE remnants campaigned against him at the 2015 general election. Calling them ultra-Tamil nationalists, Thangavelu recalled how they campaigned for a Punjabi, whereas the CTC threw its full weight behind Anandasangaree (6) disruption caused by pro-LTTE elements at an indoor meeting organized by Canada TNA on Nov 20, 2021 where the main speakers were TNA MPs M.A. Sumamthiran and Shanakiyan R. Rasamanickam. Thangavelu identified Deva Subapathy of the National Council of Canadian Tamils as the person who directed the attack (7) international community under any circumstances wouldn’t intervene in Sri Lanka to carve out a separate Tamil Eelam State (8) referring to the South African complaint to the International Court of Justice over Israeli military campaign may constitute genocide, the TNA Canada Chief questioned the rationale in trying to drag Sri Lanka before ICJ and International Criminal Court (ICC) as the country was not a signatory to the Rome Statue that created the ICC and (8) the threat of fresh Sinhala colonization in predominately Tamil speaking areas, particularly in the East where the Tamil community is a minority.
Anandasangaree has chosen not to respond to Thangavelu’s e-mail so far. Perhaps our High Commissioner in Ottawa Harsha Kumara Navaratne should try to arrange Anandasangaree to visit Colombo in the near future. The Canadian Minister should seek to play a positive role in post war national reconciliation here than being trapped in the vote banks of immigrant communities.
India’s culpability and other matters
The writer drew attention of the ISTRM to the necessity to amend the Bill as it didn’t take into consideration the covert Indian intervention that caused terrorism here, leading to a conventional conflict and the presence of the Indian Army in the Northern and Eastern regions of Sri Lanka during July 1987-March 1990.
The gathering was told that the truth seeking process would be meaningless unless the period during which India trained thousands of Sri Lankan youth in India during Indira Gandhi’s tenure as the Premier received attention.
The attempt made by Indian trained Sri Lankan terrorists to assassinate Maldivian President Maumoon Abdul Gayoom in early Nov 1988 was also highlighted to underscore the importance of a wider investigation as successive Sri Lankan governments made some desperate and foolish efforts to reach consensus with thd Liberation Tigers of Tamil Eelam (LTTE) during the conflict. The writer recalled how President Ranasinghe Premadasa, during the 1989-1990 period, funded terrorists to the tune of Rs 125 mn, and millions worth of arms, ammunition and equipment.
ISTRM must realize that killings occurred during the raid on the Maldives, the killing of former Indian Prime Minister Rajiv Gandhi in South India, in May 1991, and the killings during the deployment of the Indian Army here as well as the killings ordered by India in the run-up to the July 29, 1987 Indo-Lanka peace accord, cannot be ignored.
If ISTRM bothered to speak with sitting TNA MP Dharmalingam Siddharthan, he would tell them how TELO (Tamil Eelam Liberation Organization), another group trained by India, assassinated his father V. Dharmalingam, and his colleague M. Alalasundaram, both Jaffna District MPs, on the night of Sept 2/3, 1985. MP Dharmalingham, in an interview with the writer, in 1997, alleged that the TELO abducted and killed two MPs at the behest of Research and Analysis Wing (RAW) in the aftermath of the failed Thimpu talks to put the blame on the LTTE.
Dr. Yuvi Thangarajah, the co-author of ‘The Politics of the North-East: part of the Sri Lanka Strategic Conflict Assessment 2005 (2000 – 2005)’ the current head of the ISTRM’s Policy Division can direct the investigation in the right direction.
The report produced by Yuvi Thangarajah and Liz Philipson, with the financial backing of the governments of the Netherlands, Sweden, the UK and Northern Ireland, Asia Foundation and the World Bank, dealt with the LTTE that believed in its strength to achieve its objectives through military means. Dr. Thangarajah, having dealt with the issues at a time the LTTE wielded immense conventional military capacity witnessed the eradication of that power within less than three years (2006 August-May 2009). Now the academic can play a significant role in shaping the investigation, if he really wanted to or allow the probe to disregard important matters.
The writer brought the following events/developments to the notice of ISTRM: (1) the releasing of approximately 12,000 combatants taken into custody after the collapse of the LTTE on the banks of the Nanthikadal lagoon in April-May 2009 (2) why presidential pardon shouldn’t be granted to those who had been convicted by courts and others (3) the TNA’s responsibility for LTTE’s atrocities, including recruitment of child soldiers and violence in the North-East after the R. Sampanthan’s political party in 2001 recognized the LTTE as the sole representative of the Tamil speaking people (4) killings carried out by the LTTE exploiting its relationship with the government. A case in point is the unsuspecting SLAF airlifting LTTE gunmen from Mullaithivu to Colombo who carried out the assassination of TULF leader Appapillai Amirthalingam and Vettivelu Yogeswaran, both MPs (5) thousands of persons listed as missing here receiving foreign passports, in most cases with new identities and (6) How many Tamils perished in fighting among various groups during the conflict as well as total number of LTTE cadres executed by the organization on charges of treason.
It would be the responsibility of the government to ensure a comprehensive investigation that would establish the truth. ISTRM should consider what former Indian High Commissioner J.N. Dixit revealed in 2004 ‘Makers of India’s Foreign Policy: Raja Ram Mohun Roy to Yashwant Sinha.’
Dixit found fault with Indian Premier Indira Gandhi on two foreign policy decisions. One of them was the Indian intervention here. Dixit declared that her active support (it meant recruiting, arming, training and deploying thousands of Sri Lankan Tamil youth across the Palk Strait) to Sri Lankan terrorists (he called them militants) was based on the principle that she could not afford the emergence of Tamil separatism in India by refusing to support the aspirations of Sri Lankan Tamils.
