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Q: Why did you go to Geneva?
A: I went for the Inter Parliamentary Union Conference (IPU), which is almost next door to the United Nations Human Rights Council. Most of the delegates who had come for the IPU also took part in the UN Human Rights Council deliberations.
Q: Whom did you meet and what did you discuss?
A: I was able to meet many delegates from foreign countries. The resolution against Sri Lanka was the topic of discussion even in cafés and lounges.
Q: What is actually happening in Geneva?
A: They say the resolution is not against Sri Lanka but purely against the present Government for what it has done, particularly after 2009. Everyone is under the impression that this resolution deals only with accountability in relation to what happened during the last stages of the war. But that is only one aspect of it. Almost 80% of the resolution contains antidemocratic acts of the Government after 2009. For example, the resolution talks about disappearances, extrajudicial killings, media repression and sacking of the Chief Justice and so on.
This resolution is not only on accountability but it calls upon the Government to restore democracy and the rule of law in Sri Lanka, which everyone accepts to be relevant to the country. If you go through the resolution carefully, you will see that the resolution is on what the Government has promised in the last so many years and not done. Some people who criticise the resolution have not even read it. The resolution contains what the Government promised to do in writing at the UN Human Rights Council and not done.
In May 2009, as the war ended, Dayan Jayatilleka who was the UN representative together with Minister Mahinda Samarasinghe presented a resolution to the UN Human Rights Council stating that the 13th Amendment would be implemented. This resolution was passed by strong majority. But we all know the 13th amendment was not implemented in full.
Soon after the war, when UN Secretary General Ban Ki-moon came to Sri Lanka, he along with President Mahinda Rajapaksa released a joint statement whereby the Government agreed to address accountability and serious violations of international and humanitarian law. This has not been done.
In order to overcome international pressure the Government appointed the Lessons Learnt and Reconciliation Commission (LLRC). After the LLRC report was out the Government wanted time to implement the report. We all know that only about 20% of the LLRC recommendations were completed and 80% are unfulfilled.
For example, the LLRC report speaks of an Independent Police Commission, the need for a Freedom of Information Act and list of detainees and inquiry into certain selected instances of extrajudicial killings. Not the whole war but certain selected ones such as the Trincomalee five students and killing of 17 NGO workers. This has not been done.
Minister Mahinda Samarasinghe told the Human Rights Council several times that the 17th Amendment would be strengthened. But by bringing the 18th Amendment, the 17th Amendment was done away with.
If you go through the resolution carefully, the UN is asking the Government to stick to its promises. This is nothing sensational. Why did the Government give these assurances in writing to the UN Human Rights Council? Today the allegation is that the Government has not fulfilled its promises.
Accountability is only one particular query but the rest of the resolution refers to how the Government destroyed democracy and rule of law in Sri Lanka. With the abolition of the 17th Amendment, the Judiciary, the public service, the Attorney General, Bribery Commissioner, the Police Department – all the State institutions were brought under the Executive. All these institutions lost their independence.
The Chief Justice was sacked, judges and lawyers were intimidated, media personnel were killed, several left the country, today the Government controls media institutions by just making a telephone call. 31% of Sri Lanka comprises Hindus, Muslims and Christians. They have been harassed and not a single person involved in these instances has been brought before the legal authorities. It is very clear that by this resolution they want the Government to restore democracy and rule of law in Sri Lanka.
Q: What is the UNP’s stand on the Geneva issue?
A: What happened in the last stages of the war is yet to be established by inquiry which the Government promised. We can’t comment on that because the Opposition members were kept in the dark. Actually we don’t know what happened in the last stages of the war.
But the other paragraphs on the resolution are real. We all know the Chief Justice was sacked, the question of rule of law, suppression of the media, extrajudicial killings, 17th Amendment are all real. If the Government wants to reduce the international pressure, it has to implement what it promised.
Accountability has to be established without delay; the Government can bring the 17th Amendment and bring the Freedom of Information Act immediately, which can be done in a couple of weeks. Then the international pressure on the Government will decrease.
The Government always says that it wants time and space. But we all know that the 18th Amendment was brought in just two weeks. The Freedom of Information Act, the UNP has presented a bill to Parliament and the Government can amend it or bring an entirely new bill.
My honest opinion is, if the Government takes measures to restore democracy, rule of law and media freedom in Sri Lanka via legislation as mentioned before, international pressure on Sri Lanka will greatly decrease. When we speak to most of the European delegates who work on this resolution, this is what they say. They say that they know there was a civil war in Sri Lanka; during a civil war, people die.
What we say is the Government must immediately, within the next one or two months, take measures to restore democracy, rule of law and media freedom in Sri Lanka. Our Leader has said that if these steps are taken we will support the Government to overcome the resolution at the Geneva Human Rights Council.
This is why I say this resolution is not against Sri Lanka but entirely on what the Government has promised and not done. The resolution also states how the Government destroys democracy, rule of law and media freedom in Sri Lanka. Accountability has to be established by an independence internal inquiry; therefore I cannot comment on it.
Q: Are you saying the Geneva resolution will not pose any serious threat against the country?
A: The Government refers to this as an electric chair. There is no electric chair in this resolution in the first place. The Government is trying to make use of this situation to get sympathy. Unfortunately only a few people have read the resolution. Therefore, it is easy for the Government to lie about it and to get sympathy.
Q: Several Government Ministers have heavily criticised your statement that the proposal is not against Sri Lanka but against the Government. Your comments?
A: When they attacked me I invited Prof. G.L. Pieris and Minister Mahinda Samarasinghe for a friendly debate on Geneva. I wrote to them but they did not accept. They always label us as unpatriotic. We are patriotic and that is why we request the Government to restore democracy and rule of law.
Q: What are your views about Government claims that the LTTE is still in existence. Reportedly a series of arrests were made in the Wanni in this regard.
A: The Government that boasted it totally eradicated the LTTE, suddenly on the eve on the Human Rights Council, comes up with allegations about the existence of the LTTE. It is no secret that most Tamils were sympathetic to the cause of the LTTE. From the time we got independence, the moderate Tamil leaders tried by democratic means to obtain equal status. If the successive governments from 1948 dealt with the moderate Tamil community suitably, there would not have been terrorism. Unfortunately, all governments from 1948 made a political issue of giving equal rights to the minorities and this resulted in moderate leaders like Amirthalingam and Sivasithamparam being isolated. Youth in the north and east started backing the extremists. Even now, the Government should strike a deal with moderate Tamil leaders like Sumanthiran and Sampanthan if it wants to keep the extremists at bay. If the Government and the TNA come to an understanding on various issues, the UNP will offer unreserved support.
