Geneva consensus:
Setting record straight
Dr Dayan JAYATILLEKA
Prof Rajiva Wijesinha |
I write to correct an impression that may have been conveyed or
mistakenly derived from an article entitled ‘Fixing the problem’ in a
mainstream paper last Sunday, regarding the evolution of the Sri Lankan
issue at the UN Human Rights Council in Geneva during the last war.
The written record would show that far from a special session on Sri
Lanka being ‘unthinkable’ during the tenure of the article’s author,
there was a highly critical draft EU resolution on Sri Lanka on the HRC
agenda from 2006, precisely during that tenure and a good year before I
was deployed by the President to the Geneva ‘frontline’.
When
I assumed duties as Ambassador/Permanent Representative on June 1, 2007,
the awesome nature of professional achievement immediately prior to my
arrival was to have persuaded the initiators of the draft resolution to
continue the postponement of the resolution to the next session, the
first one that I would attend having assumed duties in June 2007.
This was not quite ‘fixing the problem’ but fixing the successor.
Outstanding demand
By the end of 2007, in my first six months, I had succeeded in
removing that draft from the agenda without making the slightest
concession on the outstanding demand of stationing a full-fledged
presence of the Office of the UN High Commissioner for Human Rights in
Sri Lanka.
When I accepted President Rajapaksa’s invitation to take up the post
of Sri Lanka’s PR in Geneva as our war of liberation and national
reunification was entering its decisive period, I was instructed also by
the then Foreign Secretary that one of the tasks I had to expeditiously
undertake was to correct an unauthorized deviation from our stance at
the Conference on Disarmament; a deviation by my ‘professional’
predecessor which had generated a shocked inquiry-cum-protest at the
highest political level from one of Sri Lanka’s most consistent friends,
allies and military suppliers - and I might add, SAARC neighbours.
Hillary Clinton |
Indeed the Special session of late May was a Plan B, a fallback. Plan
A was a UN HRC resolution (which was to be backed by an EU resolution),
invoking an elasticized version of the doctrine of R2P calling for a
halt to the Sri Lankan offensive operation and due on May 14, 2009.
Special session
As Prof Rajiva Wijesinha placed on the record already on May 18,
2009, that plan failed because of our successful resistance in Geneva
which prevented the requisite signatures from being obtained until the
Sri Lankan Armed Forces had destroyed the Tigers and its leadership.
(‘How the West was Sidelined- For the Moment’, Rajiva Wijesinha, Human
Rights Watch website, HRW-Watch.com, July 24, 2009). As for the Special
Session on Sri Lanka at the UN HRC, even the most amateurish (let alone
a seasoned diplomatic professional) reader of the WikiLeaks would
confirm that the political officer of the US Embassy in London reported
to the US Secretary of State that electoral compulsions motivated the
former UK Foreign Secretary into a diplomatic drive on Sri Lanka; a
drive, which the cable noted, included the May 2009 Special Session at
the UN HRC. This is amply confirmed by an 80 page research study on the
Lankan conflict and the (then) Labour Government’s foreign policy on Sri
Lanka authored by three commissioned specialists and deposited in July
2009 in the library of the UK Parliament.
The merest Google search of the foreign news coverage of the Special
Session (May 2009) and then again on the first anniversary (May 2010) of
our military victory, reveals that sources from the Washington Post, The
Times (UK) and The Economist through the International Crisis Group,
Human Rights Watch and Amnesty International ruefully point to that
Geneva vote as a considerable diplomatic achievement by Sri Lanka and
its friends in the face of great pressure and momentum.
Those reports reveal that elements at the time hostile to Sri Lanka
hoped to secure a UN mandate for an investigation of some sort into the
conduct of our Armed Forces in (at the least) the last stages of the
war; and that given the veto exercised by Sri Lanka’s friends in the UN
Security Council and the sheer arithmetical majority in the General
assembly, it was thought that the UN HRC Geneva would be the best bet in
securing such a mandate, modelled on the Goldstone inquiry which
obtained its UN mandate from the HRC.
It is typical that while even those critical of Sri Lanka’s military
victory admit that the Geneva vote of May 2009 was an unexpected defeat
for their cause and a resounding achievement for our country, some sour
Sri Lankans are the only ones to decry it. The Geneva vote was won at a
time when Sri Lanka had been unseated from the UN HRC by a General
Assembly vote in 2008 in New York; a venue from which I was ‘banned’
from attending by the former Foreign Minister, reversing a standing
procedure of at least 25 years (and against the written objections of
two successive Sri Lankan Perm reps there).
Peacekeeping forces
When I left my post in Geneva, I did not leave my successor a draft
resolution on the agenda against my country. I left behind an
unambiguous and decisive result in our favour.
If one may anticipate the argument that a built-in Third world or
Afro-Asian majority rendered the vote in Sri Lanka’s favour axiomatic -
one that could have been achieved on auto-pilot as it were - I would
draw the readers’ attention to two facts: though backed by a Security
Council member, Sudan lost a vote in the UN HRC a few weeks after we won
ours and a compromise arrived at the UN HRC Geneva just a year or two
before was a factor that led to peacekeeping forces in Sudan and a peace
deal. (If I may be permitted a digression, the recent peaceful secession
of Southern Sudan through a referendum - Rudrakumaran’s model and
strategy - could arguably have been the eventual outcome of the
professionally negotiated PTOMS, if not for Lakshman Kadirgamar, the
Supreme Court, the JVP, Sri Lankan public opinion and the Rajapaksa
electoral victory).
I am confident that the multi-continental breadth of the Geneva
Consensus of May 27-28, 2009, the ‘soft power’ and ‘smart power’ it
represented, the international legitimacy it confirmed and the
politico-diplomatic and strategic space for post-war Sri Lanka that it
symbolized, remain safely intact and indeed ably enhanced in the hands
of the professionals in situ. How could matters conceivably be
otherwise? |