Darusman Report:
External Affairs Minister briefs diplomatic community
External Affairs Minister Prof. G.L. Peiris addressed the
Colombo-based diplomatic corps at the External Affairs Ministry in
Colombo yesterday to convey the response of the government on the
substantive aspects of the Darusman Report. The Minister stated that the
government was no longer constrained to comment substantively as the
Report is now in the public domain.
Prof. G.L. Peiris |
The Minister went on to highlight some of the fundamental
deficiencies, inherent prejudices and malicious intentions that
characterize the Darusman Report. These flaws pertain not only to the
contents of the Report, but also to the methodology followed in arriving
at its conclusions. The Minister stated categorically that the Report is
legally, morally and substantively flawed.
The Minister made the following points during his briefing:
The government does not consider the Darusman Report as a UN
document, as it has not been mandated by any inter-governmental or
multilateral forum. The document is the product of a personal initiative
taken by the Secretary-General. Furthermore, the mandate of the Panel is
purely advisory in nature, as stated in its Terms of Reference.
The Minister explained that since the end of conflict, the government
is engaged in the delicate task of forging national unity and progress
through reconciliation, rehabilitation and reconstruction. After almost
three decades, the Government has been successful in restoring peace,
stability and security in all parts of the country. The Government is
dealing with critical post-conflict issues, to erase the pain and
anguish of the past, while at the same time consolidating national unity
and future progress. "We have made significant progress relating to
resettlement of internally displaced persons, restoring livelihood in
conflict-affected areas, re-integration of former child soldiers as
productive citizens, rehabilitation of detainees, de-mining, restoring
democratic processes in the North and East as well as reconstruction of
housing and infrastructure. We are moving gradually and confidently
forward." The Minister noted that none of these positive developments
have been reflected in the Report.
Furthermore, the controversial contents of the Darusman Report and
its public release at this stage obstruct and retard this positive
momentum and it creates divisions. At the same time, the Report will
feed into the political agendas of those who wish to destabilize the
country.
The Minister stated that the Government questions the fundamental
legal basis of the conclusions arrived at by the Panel. The Report
itself states that it is not a fact-finding or an investigative body.
Notwithstanding this, the Panel comes to the preposterous conclusion
that violations of international humanitarian law have occurred in Sri
Lanka, and that "credible" evidence of violations is available to them.
The Panel has also decided that these "sources" and the "Panel's
substantive records will be classified as strictly confidential.....".
In other words, Minister Peiris pointed out that none of the
so-called sources and material according to which the Panel claims to
substantiate their conclusions, can be examined or verified by the
public at large, or the Sri Lankan Government. This is in flagrant
violation of procedural fairness and principles of natural justice known
to all civilized society. Therefore, the Government seriously questions
the credibility and basic fairness of the so-called "process" outlined
by the Panel, which has led to its conclusions. Consequently, the
Minister emphasized that the Government is strongly opposed to any
recommendations for further action arising from such a flawed basis.
Minister Peiris noted that the Darusman Panel on its own accord,
expands its mandate to compile what amounts to their unique and flawed
version of the contemporary socio-political history of Sri Lanka. The
entire conflict with the LTTE is erroneously and dangerously
characterized as a "struggle for the existence of the Sinhalese and
Tamil peoples". This creates no doubt as to the Panel's ultimate
intentions, particularly when the Panel proceeds to characterize the
LTTE as "the most disciplined and most nationalist of the Tamil militant
groups". This is despite the reality that the LTTE killed more Tamil
leaders than Sinhalese leaders, and perpetrated the worst imaginable
atrocities on the Tamil people for almost 30 years.
The bias of the experts is also evidenced when they state that the
conflict ended "tragically". The end of terrorism was a moment of great
joy for the people of Sri Lanka, while it no doubt ended "tragically"
for the LTTE's ambitions to impose their rule by force over the people
of the North and East of Sri Lanka.
Such inherent prejudices and ethnically contrived language is further
evidenced in the Report's account of "individual soldiers" helping Tamil
civilians escape the clutches of the LTTE at the end of the conflict.
The Government had very explicitly instructed its military to provide
all possible assistance to the people crossing over to the cleared
areas.
The Minister stated that in this regard the Government is concerned
about current developments arising from the Panel Report.
Inflamed by the biased contents of the Report, some Tamil groups have
expressed the view that given the treatment described in the Report,
there is no alternative to a separate State of Tamil Eelam. It is also
most regrettable that a respected personality such as the UN High
Commissioner for Human Rights Navi Pillai has questioned the very nature
of the conflict in Sri Lanka by stating that violations have occurred
"under the guise of combating terrorism". Minister Peiris recalled that
over 30 democracies worldwide have designated the LTTE as a "terrorist"
group.
The Minister noted that the allegations in the Darusman Report are
presented as a narrative account of events during the last stages of the
humanitarian operation, instead of under their legal classification. The
events are therefore recounted as a true "horror story" aimed at
arousing emotion and causing revulsion and contempt. Strangely, it is
also stated that "this account should not be taken as proven fact". This
begs the question as to whether the account is fact or fiction, Minister
Peiris stated.
Minister Peiris noted that the political motivations of the Panel are
further reflected in their comments on the family of President Mahinda
Rajapaksa. The Panel makes allegations of nepotism against the President
of Sri Lanka, citing as examples that the Economic Development Minister
is Basil Rajapaksa and Speaker of the Parliament is Chamal Rajapaksa.
Minister Peiris highlighted to the diplomatic community that Basil
Rajapaksa had been elected with the highest number of preferential votes
from the Gampaha District and was therefore a democratically elected
representative of the people. Minister Peiris pointed out that Speaker
of the Parliament Chamal Rajapaksa, has been an elected Member of
Parliament for over 20 years and furthermore, his appointment in the
capacity of the Speaker of the Parliament was seconded by the Chief
Opposition Whip of Parliament, reflecting bipartisan consensus.
Minister Peiris also regretted that the Panel demonstrates their
pre-determined bias against the domestically constituted mechanism to
deal with a range of issues relevant to the conflict to promote
reconciliation and confidence among people - the LLRC. The LLRC consists
of persons of high integrity and independence and with significant
experience. In the process of their work, the LLRC had obtained
testimony from civilians affected by the conflict in all parts of the
country, including in the North and the East. With a view to providing
urgent relief, the LLRC submitted their interim recommendations to the
government. The government has already commenced implementation of the
LLRC recommendations through the Inter-Agency Administrative Committee (IAAC).
While the government is awaiting the outcome of the LLRC, the Panel has
arrived at the conclusion that the LLRC lacks credibility even before
its work has been completed. This exposes the fact that the ultimate
pre-determined motive of the Panel is to hasten their objective of
establishing an "international mechanism". This is in blatant violation
of all accepted legal norms that domestic processes need to be exhausted
prior to resorting to external judicial proceedings.
In summary, the Government finds that the processes adopted by the
Darusman Report and the conclusions arrived at are biased and
fundamentally flawed from every conceivable point of view. The Report is
divisive and unhelpful at a time when Sri Lanka is engaged in the
delicate task of dealing with post-conflict issues, reconciliation and
progress.
Nevertheless, Minister Peiris reiterated that the Government is
clearly resolved to continue its cooperation with the United Nations. As
correctly pointed out by the UN Secretary-General, primacy should be
accorded to the domestic process underway. The Darusman Report refers to
many issues which are alleged to have occurred in Sri Lanka and which
are currently subject to a domestic process. The conclusions of the
externally constituted Darusman Panel working from New York should not
take precedence over the conclusions, still awaited, of the domestic
process.
In a parallel process, Minister Peiris said that the government has
also initiated discussions with elected representatives of the Tamil
community to arrive at a long-term political solution.
The fifth round of these talks is scheduled this week. This process
will address both the immediate post-conflict humanitarian issues, as
well as the need to evolve appropriate political and constitutional
arrangements.
Minister Peiris requested Sri Lanka's friends in the international
community to assess these facts fairly and in a balanced manner and to
give the people of Sri Lanka the opportunity to reach their full
potential in a peaceful, stable, prosperous and united country. Based on
the mandate of the people at local, provincial, national and
Presidential levels, the government is working confidently towards
achieving these objectives.
Minister Peiris concluded by stating that it is not the government's
intention to create any "mass protests" and agitation relating to the
Darusman Report as alleged by some. We are not instigating hysteria nor
violence or embarrassment to the UN community and to foreign Missions.
Such allegations have been levelled by those with political agendas to
blacken the image of the country at this sensitive moment. |