Wijayadasa Rajapaksha on Controversial Darusman report :

Lanka’s sovereignty severely damaged

UNP Parliamentarian Wijayadasa Rajapaksha PC in a letter addressed to UN Secretary General Ban Ki Moon has said the appointment of an experts panel by the Secretary General to advise him on accountability issues during the last stages of the war against terrorism in Sri Lanka and the publication of its report has severely damaged Sri Lanka’s sovereignty and violated the United Nations Charter.

The Secretary General by doing so has taken for himself the powers of the UN Security Council.

Rajapaksha has said the appointment of such a committee and the publication of its report would severely prejudice Sri Lanka at a time when misunderstanding and suspicion among communities is fading away and efforts are made to create national reconciliation. The appointment of the expert panel and the publication of its report is likely to create a disastrous situation in Sri Lanka in the future by causing a breakdown of the reconciliation effort and economic stability and if such a thing happened the Secretary General should accept full blame and responsibility for it.

Rajapaksha stated in his letter that the so called experts panel is said to have published a report levelling grave allegations against Sri Lanka’s head of state and the Security Forces. He was writing the letter to the Secretary General to apprise him of the illegality, and impracticability of the report and its violation of all accepted norms and standards. Rajapaksha who recalls the purpose for which the United Nations Charter was established in June 26 1945 and activated on October 24, 1945 states that the Secretary General and the UN member states ware fully aware that Sri Lanka as a sovereign nation staged a war against the most ruthless terrorist outfit in the world for 33 years almost single handed without any support from the UN except for a few friendly nations.

They are also fully aware that Sri Lanka successfully completed the war against terrorists when powerful nations portrayed the LTTE as an invincible force but on account of the war lives of nearly 30,000 armed forces personnel and 30,000 civilians were lost, 20,000 armed forces personnel were maimed and nearly 20,000 women were widowed and 20,000 children fallen destitute. There had also been a severe economic set back during the last three decades owing to the war. They are also aware that the Sri Lanka Government and its leaders had made genuine efforts to end terrorist violence through political negotiations. As such appointment of an experts panel and the publication of its report is a violation of the UN Charter.

Rajapaksha’s letter further states that according to clause 39 of the UN Charter only the Security Council has powers to decide whether there is a threat to peace of an act of aggression and take action regarding UN member states to maintain peace or make recommendations to restore peace and take necessary action according to clauses 41 and 42 of the Charter. These steps should be taken ensuring that no harm is done to the rights or the stand of the parties concerned. The Security Council has not appointed any secondary ‘institution relating to Sri Lanka or ordered the Secretary General to establish any panel or committee or conduct any investigation about Sri Lanka. If the Secretary General thinks that there has been a threat to peace he has to bring it to the notice of the Security Council.

Rajapaksha said only a summary of the 200 page panel report has been published in the media so far. When the full contents of the report are published he hoped to make further submissions on it after reading it. Rajapaksha has further said that he wrote this letter to the Secretary General without any malice or hatred as a prelude to conduct an erudite discussion about this matter and hoped that the Secretary General would provide an opportunity for an interview with him early at a convenient time.