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GL: Other nations must keep out of SL’s internal affairs as it does not meddle with theirs
By Saman Indrajith
Education Minister Prof. G.L. Peiris says Sri Lanka has gone out of its way to refrain from interfering in the domestic affairs of other nations and expect non-interference by other nations in the country’s internal affairs.
Participating in the third reading debate on Budget 2021, the minister said on Wednesday (25) that Sri Lanka entertained expectations that other nations would respect without question the right of Parliament and the people of Sri Lanka to determine the country’s own destiny.
Prof Peiris said: “As we debate the foreign policy in this august assembly, circumstances in the world at large are certainly not propitious. COVID-19 has proven to be a calamity. There are many lessons to be learnt from this situation. One of the most important lessons is that no nation, no single country, no culture has a monopoly on wisdom. Nobody can claim to know all the right answers. The contemporary experience of the world demonstrates convincingly that there is no room whatsoever for arrogance, bigotry and self-righteousness. Today, more than at any other time in our history if we survive this crisis at all it can only happen on the basis of humility with spontaneous sharing of experiences and readiness to work hand in hand in a spirit of comradeship and solidarity.
“The cornerstones of the foreign policy of our country are crystal clear. They were set out with the exemplary clarity by President Gotabaya Rajapaksa at his inauguration in the hallowed precincts of the Ruwanweliseya in Anuradhapura. We seek friendship with all nations. We go out of our way to refrain from interfering in the domestic affairs of other nations. At the same time reciprocally we entertain expectations that others will respect without question the right of Parliament and the people of Sri Lanka to determine our own destiny. This is the rationale underpinning the statement made by Foreign Minister Dinesh Gunawardena at the Human Rights Council in Geneva barely three months after the assumption of office by President Gotabaya Rajapaksa. The government Minister Gunawardena unequivocally rejected the resolutions of the Human Rights Council 30/1, 34/1, and 40/1 respectively of 2015, 2017 and 2019. These resolutions were not only supported but also co-sponsored by the Yahapalana government of that time. This is scarcely believable when one considers the content and the impact of these resolutions. Undisputedly those resolutions dealt with matters which were within the purview of national institutions in Sri Lanka. They required the re-arrangement of Sri Lanka’s constitutional provisions, the restructuring of our armed forces and police, the repeal of major legislations such as the Prevention of Terrorism Act. These resolutions also empowered foreign and commonwealth judges to adjudicate on grave allegations relating to war crimes which were leveled against the armed forces of Sri Lanka. That is the effect of the operative paragraph six of the resolution of 2015. This was in blatant violation of the supreme law of this country – the constitution. This abdication of self-respect was further compounded by the acceptance by that government of the obligation to report from time to time to the human rights council and to abide by the judgment of that council in respect of the adequacy of the progress that had been made in respect of the implementation of these resolutions.
“The entire edifice of the UN system is based upon one sacred principle. That is the principle relating to sovereign equality of nations. That principle is illustrated amply by the seminal instruments of the UN system such as its Charter, the Declaration of Human Rights and jurisprudence of the International Court of Justice and its predecessor the permanent Court of International Justice. All countries that are members of the international community be they large or small, affluent or not so affluent, are equal in the eyes of the United Nations system – equal in intrinsic worth and equal in inherent value. There can be no discrimination whatsoever. This is why there can be no scope whatsoever for talking down or hectoring and for patronizing attitudes. This is not to be misunderstood. Counsel from friends and sharing of experiences, traditions that are made in a spirit of goodwill and friendship are always welcome. They are healthy. But what absolutely ruled out are judgmental postures in respect of the internal decision making processes of countries dealing with matters which are within their purview. The concept of equality is basic to the entire UN system.
“There is another principle that is equally important. That is the principle of fairness. This is an instinct that is embedded in human nature and it represents a component of all systems of law and justice and indeed of all civilizations since time immemorial. One must look at both sides of an issue. Evidence has to be weighed in the balance and conclusions must be arrived at objectively without bias or prejudgment. From that standpoint very sadly the people of Sri Lanka have good reasons to entertain grave misgivings. Evidence of the highest value has been deliberately disregarded if that evidence is favourable to the armed forces of Sri Lanka. A clear example of that consists of military dispatches by trusted members of foreign countries reporting confidentially to their own capitals. These have been totally ignored. These dispatches have been ferreted out with great difficulty. As pointed out by Minister Dinesh Gunawardena the persons of eminence such as Lord Michael Naseby both within the House of Lords and outside. There were also very critical findings by Queen’s Counsel of the eminence, Sri Desmond Silva, Sir Geoffrey Nice, Rodney Dickson. These findings completely exonerated the armed forces of Sri Lanka from any form of culpability of guilt with regard to war crimes under principles of international humanitarian law and international human rights law. This body of evidence was there and it was never taken into account. It was deliberately ignored. This was done in the lofty name of human rights. But it constituted a cynical violation of natural justice and the rules of fairness both in its substantive and its procedural dimensions.
“Sri Lanka is a country with proud history and a cherished heritage. Reconciliation, ethnic harmony, and transitional justice are not concepts by any means alien to us. We have been nurtured throughout the ages by a rich and vibrant cultural tradition by each of these areas. I want to stress that the mechanisms we have to evolve, if we aspire to any measure of success, must necessarily derive from the aspirations of our people. This is because of the importance of context with regard to these matters. The government of President Gotabaya Rajapaksa and Prime Minister Mahinda Rajapaksa, fortified by an unrivalled mandate obtained from the people of this country at both the presidential and parliamentary elections, has an unflinching resolve to address these issues at earliest. The government has both the moral and legal right and the space to do so. We ask for empathy and understanding as we move forward in partnership with international forces to assure our people a stable and a prosperous future.”
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PCoI on Easter Sunday attacks:
By Shamindra Ferdinando
Attorney General Dappula de Livera, PC is not bound by recommendations made by the Presidential Commission of Inquiry (P CoI) into the 2019 Easter Sunday carnage, or presidential directives in that regard, according to authoritative sources.
They said that the AG couldn’t under any circumstances initiate legal proceedings until he had received the full PCoI report.
President Gotabaya Rajapaksa received the PCoI report on Feb 1. The President’s Office delivered a set of PCoI reports to Speaker Mahinda Yapa Abeywardena on Feb 23, a day after the report was presented to the cabinet of ministers. The Island raised the matter with relevant authorities in the wake of a section of the media reporting the PCoI recommending punitive measures against former President Maithripala Sirisena, Defence Secretary Hemasiri Fernando, IGP Pujitha Jayasundera, Chief of State Intelligence Senior DIG Nilantha Jayawardena, Chief of National Intelligence retired DIG Sisira Mendis and All Ceylon Makkal Congress (ACMC) leader and Samagi Jana Balavegaya MP Rishad Bathiudeen et al over the Easter Sunday carnage.
Sources pointed out that due to the inordinate delay in sharing the PCoI report with the AG, the department hadn’t been able to take preliminary measures required to initiate the proceedings. Sources said that a team of officers would take at least six weeks or more to examine the report before tangible measures could be taken.
With the AG scheduled to retire on May 24, 2021, even if the AG Department received the P CoI it would be quite a tough task to initiate proceedings ahead of retirement, sources said. However, in terms of the 20th Amendment to the Constitution enacted in last October, both the AG and the IGP could receive extensions beyond 60 at the President’s discretion.
Dappula de Livera received an Acting appointment as the AG a week after the Easter Sunday carnage whereas his predecessor Jayantha Jayasuriya, PC, was elevated to Chief Justice.
Responding to another query, sources said that the Attorney General two weeks ago requested Secretary to the President for a copy of the P CoI. However, the AG was yet to receive one, sources said. In spite of the AG not receiving a P CoI copy, the AG had instructed the IGP to obtain a copy of the report when he requested the police to complete investigations into the Easter Sunday carnage. The AG issued specific instructions after having examined police files pertaining to the investigations.
The IGP, too, hadn’t received a copy so far though some sections of the report were in the public domain.
Agriculture Minister Mahindananda Aluthgamage displayed at a live political programme on Derana a copy of the P CoI report he received at the cabinet meeting earlier in the day.
Sources said that the Attorney General’s Department couldn’t decide on a course of action in respect of the Easter carnage on the basis of a section of the report. In terms of the Commission of Inquiry Act (Section 24), the AG enjoyed significant powers/authority in respect of investigations; sources said adding that the Department urgently required both the P CoI report and police investigations report. The Attorney General’s Department has raised the delay in receiving a P CoI report amidst the Catholic Church attacking the government over the same issue.
Sources said that ministerial committee appointed to study the P CoI report couldn’t decide on how to proceed with the recommendations and the matter was entirely in the hands of the AG. Sources pointed out that the delay on the part of the government to release the report had received the attention of sections of the international media, including the New York Times. Public Security Minister retired Rear Admiral Sarath Weerasekera having met Malcolm Cardinal Ranjith at the Bishop’s House on Dec 8, 2020 said that the AG would get a copy of the P CoI report once the President received it. Minister Weerasekera said that the CID had handed over the relevant files after having completed investigations into eight blasts. Referring to the Parliamentary Select Committee (PSC) report on the Easter Sunday carnage, the former Navy Chief of Staff said that all such documents would have to be brought to one place and considered before initiating legal proceedings. Acknowledging that there could be delays, lawmaker Weerasekera said that on the instructions of the Attorney General a 12-member team of lawyers was working on the case. The minister vowed to expose the mastermind behind the Easter Sunday attacks. Investigations continued while some of those wanted were overseas, the minister said.
The minister acknowledged that the Attorney General couldn’t proceed without the P CoI report. Minister Weerasekera reiterated that once the President received the P CoI report, it would be sent to the Attorney General. The minister said that there were documents two to three feet high that needed scrutiny. The minister assured comprehensive investigation. The minister said that investigations pertaining to eight blasts had been completed and the reports handed over to the AG. However, the Attorney General had found shortcomings in those investigations.
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By Saman Indrajith
The Presidential Commission of Inquiry on the Easter Sunday bombings had failed to identify the mastermind of , the JVP said yesterday.
Addressing the media at the party headquarters in Pelawatte, JVP Propaganda Secretary MP Vijitha Herath said that the PCoI report had levelled accusations against former President Maithripala Sirisena, former IGP and head of intelligence for their dereliction of duty, shirking of responsibilities and not taking action to prevent the attacks and negligence. There were reference to the causes of the terror attacks and actions to be taken to avoid such attacks and the influence of extremist organisations. “However, there is no mention of the mastermind of the attacks, the handlers of the attackers and those whose interests the carnage served. It is also not mentioned whether there has been any foreign or local organisation behind those attacks. As per the PCoI report the attack took place as a result of culmination of extremism.
“According to the PCoI the extremist activities were a result of the prevailing political situation then. The entire nation was waiting to see who was responsible and who masterminded those attacks. The PCoI has failed to identify the true culprits responsible for the terror attacks. The report says that the leader of the suicide cadres killed himself in the attacks and it was a puzzle. That means those who are actually responsible for the attacks are still at large. The report does not provide exact details of the sources of the attacks. The PCoI had sittings for one year and five months. It summoned various persons and got their statements but it has failed to shed any light on the terror attacks. Everybody knows that the top leaders of the government and heads of security and intelligence establishments failed in their duties. Ranil Wickremesinghe was the second in command and he too is bound by the responsibility but the PCoI report fails to identify him as one of the persons against whom legal action should be instituted. The PCoI has treated Wickremesinghe and former President Maithripala Sirisena differently. We are not telling that this report is a total failure but we cannot accept this as a complete report. The PCoI handed over its report to the President on Feb 1. After 23 days it was sent to Parliament. Now, a copy of the report is there in the parliamentary library for the perusal of MPs.”
Herath said that the PCoI did not have powers to take punitive action. “It only has powers to name those responsible and recommend action to be taken against those named.
