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Speech by Rauff Hakeem MP, Leader, Sri Lanka Muslim Congress and Minister of Port Development and Shipping and Minister of Eastern Development and Muslim Religious Affairs, in Parliament, on the occasion of the adjournment debate on 23rd October 2003, on the Prime Minister's Address to the UN General Assembly in New York.

"Bismillahirrahmanirraheem"

Mr. Deputy Chairman of Committees,

It is indeed significant that this debate is taking place today, the 55th birth anniversary of my late Leader, the Hon. M. H. M. Ashraff. By a coincidence, the House debated two days ago, the issue of a separate representation for the Muslim community at the Peace Talks as well. Both these issues, Sir, I am sure, would have been subjects on which, if my late Leader was alive, he too would have enthusiastically, very persuasively and effectively placed his arguments in this Chamber.

All of us acutely feel his absence at crucial moments such as this, as he was such an influential figure in shaping the destiny of the Muslim community in Sri Lanka. He was a person with wonderful debating skills, a man who was true and committed to a mission and a man who was responsible and never jumped on to emotional bandwagons in order to achieve cheap political mileage.

With those comments,Mr. Deputy Chairman, may I say that this debate today is over the Hon. Prime Minister's address to the UN General Assembly Sessions in New York last month and more specifically, his alleged support for the US military intervention in Iraq, which has evoked emotions among many of us.

Having carefully read through the speech, Mr, Deputy Chairman, and in particular the relevant paragraph that has provoked all this controversy, I am quite mystified that the rationale for the Opposition to call for this debate is somewhat misplaced.

I am told that the offending paragraph reads as follows.

"Then there are those of us who feel that the United States and their allies had no choice but to intervene, that the failure of the United Nations has created the need for a world policeman however reluctant it might be".

My understanding of this paragraph is that the Hon. Prime Minister was alluding to the fact that the US intervention in Iraq had divided world opinion sharply and the words "of us" merely pointed to the second school of thought, which held the view that the US had to intervene in Iraq. This statement does not in any manner connote Sri Lanka's support for the US action.

I thought the Hon. Lakshman Kadirgamar made a very balanced speech today. I thought, having been the Foreign Minister of the earlier administration and definitely a Foreign Minister of an alternate government in the future, he balanced his speech with a lot of care and did not perhaps take emotional swipes like how Hon. Anura Bandaranaike did in the morning. He at least said this, "if I could be a little more charitable towards the Prime Minister's statement, at best what he said, left a tantalizing inference and doubt as to which group he belongs."I thought, that would be better way to approach the comments of the Hon. Prime Minister.

Be that as it may, Mr. Deputy Chairman of Committees, one must be pragmatic enough to acknowledge the status quo of the situation in Iraq. The US did militarily intervene in Iraq, supported by forces of the so-called "Coalition of the Willing" and this is an undeniable fact. Moreover, this military intervention was without the specific sanction of the UN Security Council, thus denying the United States and its allies, legitimacy for their action.

We, the Muslims in this country and many right thinking citizens in this third world nation, believe, at least that the situation then did not pose an immediate threat to warrant an immediate intervention, but the United States and their allies went ahead, and now perhaps, they are facing a situation which could be a worse Vietnam in Iraq.

In fact, Dr. Christopher Weeramantry, the eminent jurist and former judge of the International Court of Justice, from whom the Hon. Lakshman Kadirgamar too quoted in the morning, had cogently made the case against the US military intervention in Iraq using a mix of legal and moral principles, during an address to an Inter-denominational Symposium at the BMICH on 25th April this year.

He had argued that military intervention in the absence of a UN mandate violates inter-alia the following principles of international law.

1. The outlawing of force.

2. The outlawing of unilateral action.

3. The outlawing of aggression.

4. The principle of equality of nations.

5. The limitation of self-defence to actual armed attack.

6. The outlawing of pre-emptive strikes.

It is our belief that the US action in Iraq has created a dangerous precedent and a potential threat to the world order. The Sri Lanka Muslim Congress can in no way condone military action of one state or a group of states against another state without the express approval of the UN Security Council, which is the legitimate organ under the UN Charter, responsible for the maintenance of international peace and security.

However, Mr. Deputy Chairman of Committees I wish to make very clear that the Sri Lanka Muslim Congress is not prepared to jump on to the emotional bandwagon of US bashing, as some of our detractors may wish. NO, that is not the position of the Sri Lanka Muslim Congress.

The Sri Lanka Muslim Congress is a political party, which is the authentic voice of the Muslim of Sri Lanka. We are a progressive and moderate party. Our policies are essentially pragmatic, being guided by the principles of Islam. Islam, as I am sure, most honourable members of this House, are aware, is a religion of peace. The word Islam itself signifies peace and Islam advocates moderation and tolerance. It is against all forms of extremism and fanaticism.

Moreover, just as much as a country's foreign policy should be guided by its supreme national interest, our party's policies, as a general principle, are first and foremost, fashioned, by the imperative needs and aspirations of its constituency-the Muslim community of Sri Lanka. Our party will under no circumstances, betray or sacrifice the interests of our community, by trying to score brownie points and gain cheap political mileage on any issue.

The Sri Lanka Muslim Congress is sincerely appreciative of the highly constructive approach of the United States to the ongoing Peace Process in Sri Lanka, and in particular to the Muslim dimension. Both former US Ambassador Ashley Wills and the present envoy Jeffrey Lunstead are well informed of the acute problems faced by the Muslim community, especially in the North and the East. We are gladdened and encouraged by the principled stand of the United States, in its consistent support for the settlement of the ethnic conflict in this country, which will satisfy the legitimate aspirations of all the communities.

Quite coincidentally, that is a position that our great neighbour, India had been articulating for many long years; that the solution for the ethnic problem in this country should satisfy the legitimate aspiration of all the communities. We are quite glad the Indian position converges and coincides with that of the United States today, as regards a solution to the ethnic problem in this country.

These parties who are now trying to whip up an anti-US hysteria, fail to give credit to the Hon. Prime Minister who resisted the temptation of lucrative contracts for the country in the post-war reconstruction of Iraq, in return for support for the US to conduct its operations against Iraq. Our Government stood firmly in not yielding to such pressures. The Government took a bold and principled stand that we cannot endorse any military action against another country without the express sanction of the United Nations.

The US today, is the pre-eminent super power in the world, both in terms of its military strength which has a global reach as well as its economic muscle, accounting for almost a quarter of the World's Gross National Product.

In the post-Cold War era, and in particular, the vastly changed global scene, following the collapse of the Soviet Union in 1991, we believe that though the US has the potential to give effective leadership to create a new dispensation, it has go to bear certain ground realities in mind. It has a clear choice, Mr. Deputy Chairman of Committees.

The United States has a very clear choice: It can allow itself to fill the traditional rule of a great power, as everyone's pet hate figure by acting unilaterally, remaining aloof of the International Criminal Court, renouncing the Kyoto Protocol, jettisoning the landmark Anti-Ballistic Missle (ABM) Treaty of 1972 and in general, trying to go it alone.

Mr. Lakshman Kadirgamar very correctly put it. None of us want the United States to be abandoned, isolated and lonely and it should not be so. None of us want this great super power to be abandoned, isolated and lonely by taking that course of action.

Then, it has the other choice, that is, it can live up to the ideals of its Founding Fathers by upholding Democracy, Human Rights and other universally cherished civilized values, which have contributed to the US becoming a great nation.

As the UN came to be established in 1945, the then US President Harry S. Truman had this to say about his country. I quote:

"The responsibility of a great power is to serve and not to dominate the world".

The responsibility of a great power, Mr. Deputy Chairman, is to serve and not to dominate the world. This is what the late US President Harry S. Truman said when the UN came to be established in 1945.

A US that truly recaptures this visionary idealism, joined by Japan and the European Union, backed by their vast economic resources and wealth, can change the world for the betterment of its large masses of people who are mired in poverty, hunger and disease.

At the same time, it is the Sri Lanka Muslim Congress standpoint that Sri Lanka, as a developing nation, should actively collaborate with G-77 members in espousing our common cause at international negotiations to seek enhanced market access for our goods and services.

The clear message that came out from the recent UN General Assembly in New York was urgent need for major reforms in the UN system in order for it to remain relevant. It has to adapt itself to the global realities today as compared to the situation at the time of its foundation in 1945.

There is no gainsaying that the UN and its component institutions have to be reformed, revived, refocused and most importantly, adequately financed so that the huge disparities between rich and poor nations can be narrowed and the geo-political challenges of the 21st Century met.

The Sri Lanka Muslim Congress is happy to note that United States has realized that it must work in co-operation with the United Nations in shaping the future of Iraq. In this regard, we warmly welcome the unanimous passage of UN Security Council resolution No. 1511 on the 16th of October.

Among other things, the resolution authorizes a multinational force under unified command to take all necessary measures to contribute to the maintenance of security and stability in Iraq and also calls upon member states to contribute assistance under this UN mandate, including military forces to the multinational force. It also provides for the Governing Council of Iraq to provide the Security Council no later than the 15th of December 2003, in co-operation with the Coalition Provisional Authority, a timetable and a programme for the drafting of a new constitution for Iraq and for the holding of democratic elections under that constitution. I table here, that very resolution of the United Nations.

Most importantly, the resolution re-affirms the sovereignty and territorial integrity of Iraq and underscores the temporary nature of the exercise of specific responsibilities and obligations under international law by the Coalition Provisional Authority.

It is the fervent hope of the Sri Lanka Muslim Congres, that the international community will act decisively to assist and support the people of Iraq for the expeditious withdrawal of foreign forces and the restoration of Iraq's sovereignty, independence and freedom. This would enable the Iraqi people to safeguard their national unity, sparing them of sectarian, ethnic and denominational conflicts and help them control and harness their resources. A special effort would be required for post-war reconstruction of the infrastructure and other facilities that have been destroyed during the previous wars and long years of crippling economic sanctions and embargoes.

The 10th Session of the Islamic Summit Conference held last week in Putra Jaya, Malaysia, which I was privileged to attend as the Special Envoy of the Hon. Prime Minister, made special reference to the current situation in Iraq. For the benefit of the members of the House, may I read the relevant paragraph of the final communique.

"The Conference indicated the obligations of occupation forces in accordance with international law, particularly the 1949 Geneva Convention, and, in this respect, stressed the responsibility of occupation forces for the protection of the civil and religious rights and the cultural, religious and historical heritage of the Iraqi people. The Conference reaffirmed the need for these forces to act in such a way that guarantees respect for the sovereignty and territorial integrity of Iraq's neighbouring States."

With reference to the former regime of Saddam Hussein, the communique states thus: This is what the Organization of Islamic Conference said in their final communique. I quote,

"Expressing its utmost grief and sorrow, the Conference condemned the genocide acts uncovered by the mass graves perpetrated by the former regime in Iraq against innocent people from Iraq, Iran, and from other countries as in Halabja, Anfal and Marshes, and also the killing of Kuwaiti prisoners of war, which constitutes a crime against humanity and a serious violation of the provisions of international humanitarian law. The Conference called for the prosecution of the former Iraqi regime's officials who perpetrated these crimes."

I table here, the text of the paragraphs relating to Iraq in the final communique of the Organization of Islamic Conference Summit Meeting held in Putra Jaya, a few days ago.

While this is the unambiguous and unanimous stance of the 57-nation Organisation of Islamic Conference on the former regime in Iraq, can we, the Sri Lanka Muslim Congress Organization of Islamic Conference, be more Catholic than the Pope? Thank you Sir.

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