‘Humanitarian Operation - Factual Analysis’ report:

Need to establish demarcation between political agendas, genuine concerns

The Keynote Address delivered by External Affairs Minister, Prof. G.L. Peiris on August 1, 2011 at the launch of the report compiled by the Defence Ministry entitled ‘Humanitarian Operation - Factual Analysis’ in Colombo

Defence Ministry Secretary Gotabhaya Rajapaksa, in his address, referred to ‘an unexplored agenda’ on the part of our critics. I think that is a very crucial phrase in the presentation he made to you. I would like to adopt that as a point of departure for my own remarks. We need to establish a clear line of demarcation between political agendas, on the one hand, and a genuine concern with regard to moral and ethical issues, on the other.

When the Goldstone Report on Gaza and the West Bank was released, there was a comment made by no less a person than Mary Robinson, the former United Nations Commissioner for Human Rights, on the reasons why she absolutely refused to have anything to do with the report which had been prepared by Justice Richard Goldstone. Mary Robinson said, and I am paraphrasing her own words, “I distance myself from this exercise, I have nothing to do with it, because this is an exercise not in human rights but in politics.”

Spirit of fairness

Those were the words of Mary Robinson, the former United Nations Commissioner for Human Rights.

I think the essential task now before us is to examine where these political agendas end, and genuine, spontaneous concern with Humanitarian Law and Human Rights Law begins. What is really vital and what this country deserves and demands, is a spirit of fairness and objectivity with regard to the assessment of material which has been put out in the public domain. This material must be valid in the cold light of reason, without prejudice, without hatred. It is absolute necessary to bring a clear and unbiased mind to bear on the material that they ask us to examine and reflect upon. We must penetrate the cloud of suspicion, discrimination and bias. The best example of this is the vicious propaganda that was resorted to, in respect of the Local Government elections that were recently held.

There was a vigorous, relentless campaign, in sections of media, which was reflected in some points of view articulated abroad, that there was no way a free and fair election could be held. The election was going to be rigged, ballot papers were going to be stolen, violence was going to be used, and there was no prospect whatsoever, we were told, of a fair election. But what has happened? The elections were fair. People voted, they gave expression to their convictions and the parties that were not with the government won most of the elections in the North.

Civic rights

There was persistent propaganda about militarization, this was touched upon by Gotabhaya Rajapaksa. It was said that the circumstances in the Northern Province were not by any means conducive to the conduct of a fair election, because of the intensity and depth of militarization, which was alleged to be incompatible with the exercise and the genuine enjoyment of civic rights. It is not necessary to take anybody’s word. The results speak for themselves. It is the outcome that stands out, clear for all to see, how much truth as Mr. Rajapaksa said, attaches to the vicious, sustained propaganda that was resorted to as a prelude to the elections.

This is why I ask Your Excellencies and the international community in particular, to shun all prejudice. The elections are also very significant from another point of view. We all know in the nature of politics and indeed in the nature of the human experience in general, incumbency results in diminishing returns. When a government is in power, there is a high level of expectation, and there is obviously the prospect of disillusionment. This is an inherent disadvantage that attaches to incumbent administrations.

In Sri Lanka we have the truly extraordinary phenomenon that, at every election, the strength of the President and his government increases by leaps and bounds, it is a recurring pattern of which the most recent examples are the Local Government elections that were held in different parts of the country, including the Northern Province.

Military operations

The Defence Ministry Secretary indicated to you the aims and objectives underpinning the two documents that are being released today, and the main thrust of these reports and their substance.

I would like to make a general comment before dealing with some specific issues. Comment had been made by many impartial observers at the international level, that this country is emerging from the pain and anguish of a 30-year conflict. However, the sole and exclusive focus is on the last 10 days of the military operations. What about the historical context? What about the raison d’etre of the Liberation Tigers of Tamil Eelam? Their credo, the essence of their culture was “I kill, therefore I am”, that in a nutshell, is the whole ethos of the Liberation Tigers of Tamil Eelam. Why is it that all of that which stares us in the face, has been swept under the carpet and there is this exclusive pre-occupation with what was alleged to have taken place during the last ten days of a 30 year conflict?

I would also like to make this point. When the Goldstone Report was published, there were very relevant and perceptive comments made in the West. I refer to two particular observations by the British Broadcasting Corporation and by Secretary of State of the United States Hillary Clinton, in formal testimony before Congress. What was stated by Hillary Clinton on that occasion was that if the norms that are embedded in the Goldstone Report are accepted by the international community as compulsory standards binding upon governments grappling with terrorism, it would be impossible for legitimate and established governments to prevail over the forces of terror in circumstances where the insurgents mingle with civilian populations. Hillary Clinton said that if the Goldstone Report is to be followed, then lawful governments will be horrendously handicapped in the task of vanquishing the forces of terror.

This sentiment was echoed in almost identical terms in a comment that was made at that time by the British Broadcasting Corporation. I ask Your Excellencies to appreciate that the Sri Lankan situation was even worse than that. It was not a question of the terrorists and civilian populations being physically together. The civilian population did not want to be there. They were forced to be there, they were killed if they tried to escape into the government controlled areas. How, then, is it possible not to apply the very persuasive reasoning underpinning the comments by Hillary Clinton and the British Broadcasting Corporation to the Sri Lankan situation? Those arguments apply with irresistible force to the circumstances that we are dealing with during the last 10 days of the military conflict.

Darusman Panel

Then, to develop briefly some of the points that were made by Gotabhaya Rajapaksa, I would like to say this. Now again, please be objective. This latest footage that he referred to, what does it add up to? If you dispel the mist of prejudice, the emotive imagery, which is calculated to evoke a particular response, if you put that to one side, what is the sum and substance of that footage? Gotabhaya Rajapaksa used the phrase “shadowy figures”, they are indeed shadowy figures, we can neither see them nor can we hear them. They are invisible and they are inaudible, and what are they supposed to be saying? They are saying that the Defence Secretary told Major General Shavindra Silva that “this has to be finished at any cost, do whatever it takes, finish this”. This is supposed to have been said by the Defence Secretary to Shavindra Silva. The people who are saying this could not possibly have any first-hand knowledge of the substance of a conversation between the Defence Secretary and the Commander of the 38th Battalion. They could not have been privy to any conversation at all, that took place between these two persons.

It is then said by the shadowy figures that this is what Shavindra Silva said to his men who had gathered on a beach. The answer to that was given by Gotabhaya Rajapaksa who said what indeed is obvious, you do not expect the Commander of a Battalion, to hold a public meeting on a beach. If he has instructions of that nature to convey, he would have conveyed these instructions, as Mr. Rajapaksa said, to the Brigade Commanders. There is a hierarchy in the armed forces, a structure of command and responsibility. So is this inherently credible, would a child of 12 believe this story?

There is a pattern in this. It is not only the recent footage. Take the Darusman Report, it truly is preposterous in terms of its modus operandi, unabashedly, without any remorse or reluctance, the authors of that document explained to the world, how they set about their work. They received testimony from people of their own choice. The people who gave that testimony asked for absolute confidentiality. The members of the Darusman Panel state categorically, in so many words, that they have conceded confidentiality for 20 years to the people who made these allegations. Can anything be a greater travesty of the basic rules of natural justice and procedural fairness?

Channel 4 footage

Somebody makes an allegation against me, recklessly and irresponsibly, and I am not given the opportunity of refuting that allegation because I do not know the source from which that allegation proceeds. The person who is making this allegation is given the assurance by the members of the Darusman Panel that nobody on this planet will be able to find out who these people were, and what it is that they actually said, for 20 long years. Can you think of anything that is a more flagrant contravention of the basic norms of justice which are part and parcel of every civilization that has existed on this planet from time immemorial?

It is that same fundamental deficiency that vitiates the latest footage that has been exposed. That is why I say there is a consistent pattern.

The next point is the timing. That is also very much an integral part of the pattern that is so conspicuous. When did this Channel 4 footage, not the last one, but the previous material, first appear? It appeared literally on the eve of a crucial meeting in Brussels where the European Commission was making a decision with regard to the extension of GSP + benefits for Sri Lanka. Literally hours before that crucial meeting took place in Brussels, this material was exposed.

Oxford Union

The second time it happened was again, quite literally, on the eve of my meeting as this country’s Foreign Minister with my counterpart in the United Kingdom, William Hague, British Secretary of State for Foreign and Commonwealth Affairs. That was the second time. I was in London, I was waiting to have this meeting, and this footage dominated sections of the media on the eve of my meeting. The third time was when President Mahinda Rajapaksa was in Britain to address the Oxford Union. The President was physically on British soil when the third alleged exposure took place.

Now we have the fourth. What is significant about the timing of the fourth manifestation? What is striking is that it happened while the Commonwealth Parliamentary Association was meeting in London. There was a captive audience, representatives from all corners of the globe, representatives of the Commonwealth were present in London at the time this material was exposed.

Who in their senses would believe that this is not a devious agenda? Is this a genuine struggle focused on Human Rights or it is something completely different, an unrelenting political agenda?

Yet another thing happened. About five days ago there was an article that was published in the Johannesburg Times. The author was Louis Arbour, the present Head of the International Crisis Group. She was the predecessor of Navi Pillai, in the position of the United Nations High Commissioner for Human Rights. That letter is worth reading. It contains clear invective, an overriding animus against the President’s family. South Africa is chosen because of the diaspora there, especially in the Durban area. This is neither more nor less than a call for regime change in Sri Lanka. How is that compatible with the verdict of Sri Lanka’s own population at every election which has been held in the recent past, including the elections that were concluded just a few days ago?

UN system

The other point worth making is that all this propaganda flies in the teeth of testimony which is far more valuable, given by people who were present on the ground here. Throughout these events Neil Buhne was here, the Resident Coordinator of the United Nations System, he has expressed his views, in writing, it is there in black and white and that is flatly contradicted by the attitudes that are encapsulated in the Darusman Report. Which would you believe - the views of people who have never been here during that period, who are looking at us from across the Atlantic, or people working in this country, not for us, not for the government of Sri Lanka, but for the UN system, in all conscience and honesty, committing to paper their own impressions and perspectives about contemporary events, events taking place at that very moment in this country. Which of these two would command greater confidence and credibility?

The other thing I want to say is that the government of Sri Lanka is committed to doing many of the things, that we are urged to do. There is no need for pressure, there is nobody more concerned about the well-being of our people than the lawfully elected President and the government of this country.

We are moving rapidly towards decisions, which will be announced shortly regarding the Emergency. We don’t need people breathing down our necks to do this. These are value judgments to be made by Sri Lankan leaders responding to the aspirations of the sovereign people of Sri Lanka. Gotabhaya Rajapaksa has given me some figures in recent conversations, every week there are large numbers of ex-combatants being released and reintegrated into society. As a former Vice Chancellor of one of Sri Lanka’s largest universities, it is a matter of immense pride and satisfaction to me, that some of these youths who had taken up arms are today being educated in the Universities of the Republic, including a few students who have been admitted to follow courses of studies in the most prestigious faculties in Sri Lanka’s university system.

Are we getting sufficient credit for this? Is there any justice or objectivity in the evaluations that are being made? Restrictions that were a necessity during a period of turbulence are being lifted in respect of journalists, who wish to visit the Northern Province of Sri Lanka. Today absolutely nothing remains of the restrictions that were imposed in the Northern waters with regard to fishing.

Economic sanctions

These have not been done in response to pressure. No duress, no coercion, no intimidation is required. Nobody needs to threaten us with economic sanctions, with dire consequences of various kinds. This is a proud nation. This is a nation that has the courage of its convictions. It is doing what it believes to be right, and these are steps that we are taking at the right time in a balanced and measured way, in response to the wishes of the people of this country.

If you ask me what are the government’s achievements up to now, I would reply, that the singular achievements of the government are in three fields. First and foremost, the remarkable progress which has been made in respect of humanitarian issues. A very well known personality in the international arena, who had a great deal to do with events in the former Yugoslavia, told me, that what this country has achieved under President Rajapaksa’s leadership in less than two years, took the better part of 12 years to be accomplished in the European situation.

So I would claim with every justification that this is an achievement of the government and people of Sri Lanka, to be proud of. Then look at the remarkable achievements with regard to economic and social development. The LTTE had annihilated the legitimate, democratic Tamil leadership, leaving behind a huge vacuum which had to be filled.

In Killinochchi and Mullaitivu 65 percent of voters cast their ballots. In Pooneryn it was as high as 78 percent. This was the voice of the people of those areas, expressed in a democratic process which cannot by any rational standard be impugned with any degree of credibility.

Tamil political parties

The government of Sri Lanka, under the direction of the President, is now engaged in substantive negotiations with Tamil political parties.

All of this we shall do on our own, because the government believes that these are the right things to do.

The entire campaign of vilification which has been launched against our country, is the work of sections of the diaspora who continue to promote the agenda of the LTTE, steadfastly refusing to acknowledge the irreversibility of their military defeat. Their initiative has undergone a transformation in respect of method. They can no longer use military weaponry, but theirs is a relentless campaign against Sri Lanka’s economy, attempting to hurt trade, investment and tourism.

I am not hurling this accusation against the whole of the diaspora. This is the work of a persistent segment of it.

Their aim is to stultify all the progress that has been made, especially in the Northern part of Sri Lanka, with regard to uplifting the lives and the conditions of the people who have suffered so much during a 30 year conflict and are now beginning to emerge from the darkness of that era into the light and hope of the future. As someone who has to deal with these issues almost on a daily basis, I know the impact of this, on deflecting the energies of the government of Sri Lanka. Everyday there is a fresh problem, nobody is complaining about that. That is the nature of government. But it is at the expense of things that matter to the people of this country, in particular the people of the North. It is an attempt to destroy all that is being done to ensure the well-being of these people.

International community

It is an attempt despicable, worthy of condemnation in the strongest possible terms, to distract the attention of the government, every day, every night and to compel it to defend the national interest of this country against reckless and contrived allegations.

I, therefore, in all humility ask the international community to extend to us the hand of friendship, what we want is goodwill, cooperation, friendship to carry this country forward at a critical juncture in our contemporary history. We do not want confrontation, polarization or judgmental postures. All that has been said here is nothing less than a fervent appeal to the international community to do justice by Sri Lanka, to listen to Sri Lanka’s voice, to look at the evidence dispassionately and objectively and to help us to carry this country forward into a bright and prosperous future.