Five-star wonder of Asia: Dream or nightmare?

By Our Political Editor

Pillay names probe team, Govt. slams door, but Tamil groups and Solheim may
testify; South frican peace initiative ne!t month
An uneasy calm has returned to areas hit by ethnic violence in and around the
southwestern coastal junction town of Aluthgama.
Armed commandos of the Police Special Task Force (STF and Army personnel stand
guard at almost every hundred metres in !harga Town" along the #atugama $oad"
the worst hit. Their %uffel armoured trucks" with &'shaped bottoms to minimise
damage from landmines during the separatist war on Tiger guerrillas" conduct regular
patrols.
!etectives of the (riminal
)nvestigation !epartment (()!" in different groups" are moving from one affected
home to another" interviewing families and recording their statements. The focus is on
how the attacks on them occurred. Plainclothesmen whom some residents believe are
intelligence operatives are also keeping a close eye on premises badly damaged or
destroyed. Suspicions were aroused by their conduct. )n one instance" members of a
controversial diplomatic mission in (olombo escorted by domestic staff visited a
destroyed house cum factory. The owner was asked to show only the front area and
not the heavily damaged interior.
)n another" a house owner whose premises suffered damage said they used a mobile
phone to photograph visitors and mingled with them listening to conversations.
State intelligence agencies do not comment on the deployment of their personnel for
reasons of national security. *owever" a source said+ ,if they were present" it was only
to ensure there was no recurrence of any violence. They can monitor the situation on
the ground.- The flip side to this" however" has been a fear psychosis leading to
uneasiness. Adding to that have been searches and even arrests. Appeals have been
made on loudhailers asking the public to surrender to the Police any weapons they
may possess. Aluthgama Police have so far had no response to such calls. .or have
the adjoining %eruwala Police.
After details were finalised in (olombo" /00 soldiers from the Army moved into the
affected areas this week for a major re'building operation. Their immediate task will be
to reconstruct 1/ houses and 2/ shops that were destroyed. )n addition they will also
carry out repairs to 3/ damaged houses and 40 shops. The task is under the charge of
#ajor 5eneral 6daya #adawala" 7estern Area (ommander. 8f $s. 100 million
already allocated for rehabilitation work in affected areas" the Army has been granted
$s. 9:0 million. %esides reconstruction efforts necessitating large sums of money"
businesses destroyed depriving employment to hundreds far e;ceeded re'building
costs" 5overnment officials in the area said. 8ne salutary feature was the presence of
a large number of well'wishers who were donating gas cookers" washing machines"
refrigerators" microwave ovens and other household items to those affected. For
#uslims who were affected" it came in handy since their holy month of $ama<an was
set to begin last night after the sighting of the new moon.
8*(*$ probe
The =une 9: incidents in and around Aluthgama appear to have overshadowed
another major development > the events leading to 6.?s official announcement on
7ednesday about the finalisation of the team for the international investigation into
alleged war crimes in Sri @anka. The 8ffice of the *igh (ommissioner for *uman
$ights (8*(*$ in a statement called upon the ,5overnment and the people of Sri
@anka to cooperate fully with this investigation which can help shed light on the truth"
and advance accountability and reconciliation in Sri @anka.- )t warned that ,the
investigation would still go ahead undeterred if such cooperation was not forthcoming.-
*ere are e;cerpts+ ,6. *igh (ommissioner for *uman $ights .avi Pillay announced
7ednesday that three distinguished e;perts have agreed to advise and support the
team set up to conduct a comprehensive investigation of alleged human rights
violations in Sri @anka" as mandated by the *uman $ights (ouncil in #arch. The
investigation will look into alleged serious violations and abuses of human rights and
related crimes by both parties in Sri @anka during the last years of the armed conflict.
The e;perts are+
,#r #artti Ahtisaari" former President of Finland and .obel Peace Pri<e @aureate" who
has also served as a 6. diplomat and mediator and is renowned for his international
peace workA
#s. Silvia (artwright" former 5overnor'5eneral and *igh (ourt judge of .ew
Bealand" and judge of the C;traordinary (hambers of the (ourts in (ambodia" as well
as former member of the 6. (ommittee for the Climination of !iscrimination against
7omenA
#s. Asma =ahangir" former President of Pakistan?s Supreme (ourt %ar Association
and of the *uman $ights (ommission of Pakistan" previous holder of several *uman
$ights (ouncil mandates and member of a recent fact'finding body into )sraeli
settlements.
) am proud that three such distinguished e;perts have agreed to assist this important
and challenging investigation"- the *igh (ommissioner said. ,Cach of them brings not
only great e;perience and e;pertise" but the highest standards of integrity"
independence" impartiality and objectivity to this task.-
The e;perts will play a supportive and advisory role" providing advice and guidance
as well as independent verification throughout the investigation.
,The )nvestigation Team with whom they will work will consist of 91 staff" including
investigators" forensics e;perts" a gender specialist" a legal analyst and various other
staff with specialised skills. )t will be operational for a period of 90 months (up to mid'
April 109:D.
)n #arch 1092" the 6nited .ations *uman $ights (ouncil adopted resolution 1:E9
titled FPromoting $econciliation" Accountability and *uman $ights in Sri @anka? which
reGuested the 8ffice of the *igh (ommissioner for *uman $ights to undertake a
comprehensive investigation into alleged serious violations and abuses of human
rights and related crimes by both parties in Sri @anka during the period covered by Sri
@anka?s @essons @earnt and $econciliation (ommission
(ommission (@@$( which e;amined the last years of the armed conflictDD
The resolution reGuests the 8ffice to present an oral update to the *uman $ights
(ouncil at its twenty'seventh session in September 1092" and a comprehensive report
at its twenty'eighth session in #arch 109:.-
The 5overnment has made clear it will neither allow the team to visit Sri @anka nor
cooperate with the investigation. The position is to be reiterated when an official
intimation is received from the team. *owever" the @ondon'based 5lobal Tamil Forum
(5TF said it hoped to make representations. ,7e are awaiting the operational
procedures of the investigation team would adopt. Thereafter we will make
representations"- 5TF?s Suren Surendiran told the Sunday Times.
*e said that the Forum also had made representations to the three'member Panel of
C;perts appointed earlier by 6. Secretary 5eneral %an Hi'moon. A diplomatic source
in 5eneva said the investigators would invite representations from persons who have
been associated with ,various developments- during the final phase of the separatist
war in #ay 1004. 8ne such case is that of Crik Solheim" who played the role of peace
facilitator and was the former .orwegian #inister for )nternational !evelopment.
Solheim told the Sunday Times" ,) will go before the team when asked.- *e described
the investigation team as ,high profile" e;perienced and honest- and added they are
,very difficult to be dismissed.-
Tamil .ational Alliance (T.A @eader $ajavarothayam Sampanthan declined comment
when asked whether the alliance would testify before the investigation team. *e told
the Sunday Times" ,8ur party will take a decision on this matter. *owever" we have
already placed on record in Parliament matters as and when they happened. %eyond
that ) cannot comment. 8f course" we have to protect the rights of the Tamil people.-
*e said the 5overnment has brought this situation upon itself. ,7hen the 6.
Secretary 5eneral came in #ay 1004" the 5overnment agreed to an accountability
process. They did not follow up. .or did they establish a credible domestic
mechanism. 5enuine reconciliation is not possible until the truth is ascertained"- he
declared.
South African initiative
8n the Guestion of reconciliation" which the 8*(*$ claims would be one of the issues
to be advanced through an international investigation" there were other developments"
too. South Africa?s acting President (yril $amaphosa is due in (olombo anytime
between =uly / and 4 to continue Pretoria?s process for peace and reconciliation in Sri
@anka. 8n February 9I last year President =acob Buma told his country?s Parliament
during his state of the nation address that $amaphosa" a one'time 5eneral Secretary
of the A.( would be special envoy. *e said this was the result of Sri @anka
5overnment?s reGuest for South Africa?s intervention to bring about ,peace and
reconciliation.- Since President Buma is reportedly ill" $amaphosa" !eputy President"
is acting. This is the first time that an acting head of state is getting directly involved in
Sri @anka?s reconciliation process.
*e will lead a high'powered delegation that will include Cbrahim )smail Cbrahim" the
Parliamentary (ounsellor to the President of the $epublic in the .ational Assembly. A
veteran of the struggle against apartheid" Cbrahim is the former !eputy #inister of
)nternational $elations and (ooperation" also served in the Presidency before as
political advisor to the then !eputy President Buma and associated with Sri @anka?s
reconciliation process for many years" 8beid %opiela" !eputy #inister for Performance
#onitoring" Cvaluation and Administration" $oelf #eyer" !efence #inister during the
apartheid regime and later a member of .elson #andela?s (abinet and )vor =enkins" a
(onsultant and !irector at )n Transformation )nitiative.
An acting President?s South African initiative for peace and reconciliation in Sri @anka
comes at a critical moment. Two 6PFA 5overnment partners J the =athika *ela
6rumaya (=*6 and the .ational Freedom Front (.FF J have publicly declared they
would oppose any ,outside moves- towards reconciliation in Sri @anka. The South
African initiative got under way in Pretoria when a T.A delegation held talks there.
Carlier" a 5overnment delegation led by C;ternal Affairs #inister 5.@. Peiris had visited
there for the same purpose.
Plans are afoot for $amaphosa and his delegation members to meet 5overnment
leaders" those from the T.A" representatives of the main opposition 6nited .ational
Party (6.P and civil society groups. Thereafter" the delegation plans to travel to .ew
!elhi but diplomatic sources say they are yet to receive confirmation about meetings.
@ike the .orway'brokered peace initiatives with the then 6.P 5overnment"
delegations from 8slo that visited (olombo returned to their capital via .ew !elhi.
This was after briefing )ndian officials. 7hilst there is no formal agenda for the talks" a
source familiar with contacts between (olombo and Pretoria hinted that the South
African initiative envisaged a protracted process.
First would be talks about talks. Then they plan to have a structured agenda that will
encompass issues to be discussed and the conseGuential constitutional amendments
reGuired. The last issue thus would be a Truth and $econciliation (ommission tailored
to meet Sri @ankan reGuirements once issues are agreed upon"- the source revealed.
*owever" by the 5overnment?s own public declarations in the recent past" a solution to
the national Guestion would have to be through the Parliamentary Select (ommittee
(PS(. *ence" how the 5overnment will reconcile its position vis'K'vis the South
African initiative and growing dissent among its own partners remains a critical
Guestion. A 5overnment source admitted that when Pretoria?s help was sought" it was
more focally on a Truth and $econciliation (ommission (T$( that could hear
confessions and grant amnesty to those concerned. *owever" the outgoing 6.
*uman $ights *igh (ommissioner .avi Pillay insisted in her report to the *uman
$ights (ouncil in #arch that no such amnesties should be given to wrong doers.
Travel restrictions
These developments came as President #ahinda $ajapaksa proposed a code of
conduct on travel abroad for ministers" deputy ministers and #Ps on foreign visits to
,ensure an efficient management of state e;penditure.- This" he says" is by
,concentrating mostly on such priority areas that are of vital importance in building a
national economy.- A seven'page code circulated among ministers says the powers of
the President over matters relating to foreign travel have now been vested with the
Prime #inister" #inisters and Provincial 5overnors. The Presidential Secretariat has
sent out circular instructions to all Secretaries on the guidelines to follow when
granting permission for parliamentarians" provincial council members" members of
local authorities" state officers" and officials of public corporationsEstatutory
boardsEauthoritiesEstate owned companies.
Lour presence in the island"- $ajapaksa has told his ministers ,would be absolutely
essential e;cept when unavoidable official or personal reasons compel you to go
abroad.- *e has said that ,invitations from private sector organisations and individuals
should be e;amined more carefully.- *e wants the ministers to bear in mind that ,such
invitations may be an inducement for various undue favours.- #inisters have also
been asked to refrain from ,obtaining travel grants" air tickets and any other types of
funding through diplomatic missions in Sri @anka and through bilateral and multilateral
donor agencies.- All ministers have been directed to forward their foreign travel
reGuests to the President.
*ere are some of the significant highlights of President $ajapaksa?s (ode+
.o direct reGuests should be made for official or unofficial trips abroad to foreign
missions in Sri @anka" or #inistries of Foreign States and such reGuests should always
be channelled through the #inistry of C;ternal Affairs. @ikewise invitations from foreign
5overnments (especially invitations that may be received from Taiwan for a high level
official or private visit should be referred to the #inistry of C;ternal Affairs so that the
current status of the diplomatic or bilateral relations etc. with that particular country
could be looked into and steps taken thereafter to obtain approval for the visit abroad.
.umber of official and private visits abroad undertaken during each year should not
e;ceed five and two respectively. .o minister should be out of the island for over ten
days. Permission will be granted only for essential private visits.
)n accepting invitations from foreign 5overnments and )nternational 8rganisations
(including )nternational .on'5overnmental 8rganisations" advice from the #inistry of
C;ternal Affairs should be sought and a copy of such advice attached to the
application. This reGuirement will not apply to inter'ministerial level meetings such as
annual meetings of recognised international organisations and inter'parliamentary
conferences.
#inisters and Secretaries to ministries should not be away from Sri @anka at the same
time. Permission to do so will be granted only under e;ceptional circumstances.
A minister may be accompanied by only one member of his or her personal staff" if it is
found necessary.
#inisters should ensure that definite arrangements have been made to keep the
Presidential Secretariat informed (if necessary" confidentially of the correct dates of
departure and return so that acting appointments in place of them could be arranged.
They should submit a report to the (abinet of #inisters within two weeks of their
return.
C;cept in the case of parliamentary delegations" individual #embers of Parliament
should make their applications separately to the Prime #inister through (hief
5overnment 7hip unless they are members of a delegation sponsored by a #inistry.
The Prime #inister will forward the list in respect of parliamentary delegations to the
President. All applications of those ministers will be taken up for consideration only on
receipt of the (hief 5overnment 7hip?s report. .o travel to be undertaken on the
premise that approval would be granted.
Accompanying President $ajapaksa?s (ode is an eight'page memorandum by
C;ternal Affairs #inister 5.@. Peiris. )t calls for significant changes. *e has said that
the .58 Secretariat (now coming under the #inistry of !efence and 6rban
!evelopment and the $egistrar of (ompanies will be tasked ,with clearing .58
reGuests on hosting events and arranging necessary visas for the participants.- *e
has proposed ,to designate a focal point at the .58 Secretariat and the $egistrar of
(ompanies in order to streamline the visa process.- Peirs notes that the present CTA
(Clectronic Travel Authorisation online visa system does not have a provision for
FseminarsEconferencesEworkshops? as the purpose of travel. *e has pointed out that
instances have been reported of some participants erroneously selecting the Fvisit? visa
category to obtain online visas to participate in events and thereby encountering some
difficulties. ,Therefore" creating a category called FconferencesEseminarsEworkshops? in
the online CTA visa system is strongly recommended"- Peiris has said.
Peiris adds that when an applicant selects the new category in the CTA system" ,it
should automatically be flagged to the 8fficer'in'(hargeEfocal point at the !epartment
of )mmigration and Cmigration" and heEshe could cross check with hisEher records or
take measures to inform the relevant entities about the reGuest. ,8nce this category is
selected"- Peiris has recommended that ,the applicant should be reGuested to provide
details of the local sponsor" letter of invitation and other relevant documentation. This
step would further streamline visa issuance process relating to this category"- Peiris
has claimed.
This is how #inister Peiris has described the different categories+
P$8FCSS)8.A@ %8!)CS > As most professional bodies are not affiliated or linked to
any 5overnment entity" they could inform of the events with international participation
directly to the #inistry of C;ternal Affairs. The #inistry will provide its observations in
consultation with the relevant authorities" to the professional body with a copy to the
(ontroller 5eneral of )mmigration and Cmigration. After receiving these observations"
issue of visas to the participants would be through the Sri @anka missions abroad or
the (ontroller 5eneral of )mmigration and Cmigration.
(*A#%C$S > T*).H TA.HS ' The (hambers and most of the Think Tanks are
incorporated as companies under the (ompanies @aw. *owever" it is proposed that
the (hambersEThink Tanks should inform the organisation of events with the
participation of the C;ternal Affairs #inistry with a copy to the (ontroller 5eneral of
)mmigration and Cmigration. 7hilst (hambers could write directly to the latter" the
Think Tanks could write to the .58 Secretariat.
.58?S $C5)STC$C! 6.!C$ T*C .58 SC($CTA$)AT ' Their reGuest should be
made to the #inistry of C;ternal Affairs together with a copy of their registration
certificate. The CA#" after processing" will advise the .58 Secretariat and the
#inistry of !efence. The issuance of visas thereafter will be recommended to the
(ommissioner 5eneral of )mmigration and Cmigration.
.58?S $C5)STC$C! 6.!C$ T*C (8#PA.)CS A(T ' The .58s registered under
this category should make a reGuest to the $egistrar of (ompanies. They should
provide the certificate of registration and details of funding sources. )n addition" they
would be reGuired to give an outline of the subjects to be discussed" objectives and list
of participants. The $egistrar will forward such reGuests to the C;ternal Affairs #inistry
with his observations. )t is only thereafter that the (ontroller 5eneral will be reGuested
to issue visas.
Peiris?s report also seeks to place
restrictions on ministers attending diplomatic
functions. *e has said that ministers should
not accept invitations for receptions"
luncheons" dinner parties or other
engagements e;tended by a diplomatic
mission at a level below the rank of
Ambassador or *igh (ommissioner.
Peiris has laid bare some adverse situations
created by ministerial visits abroad" a
revelation that does not speak well for the
CA#. Some of his observations+ ,8n several
occasions reGuests have been made to the
#inistry of C;ternal Affairs at very short
notice to arrange official meetings for Sri
@ankan #inisters travelling abroad" as well
as for meetings with dignitaries of foreign States. Sometimes several ministerial visits
from Sri @anka to a single foreign capital have followed successively. 8n some
occasions" these multiple visits have prompted the foreign State concerned to Guery
the rationale and the need for such multiplicity of visits" often for the same purpose.
Furthermore" our #issions abroad function with limited resources and such reGuests"
without adeGuate prior notice" would place the #ission in a very difficult situation.
Troops undertaking reconstruction work in violence-hit Aluthgama.
Pic by Sarath Siriwardene
)t has also been noted that certain #inisters make direct reGuests to Sri @anka
#issions abroad" and in certain instances" to the #inistries of foreign 5overnments
reGuesting facilities and arrangements for Sri @ankan &)PP to make officialEnon'official
visits to those countries. This practice is inappropriate both from the
administrativeEprotocol as well as foreign relations point of viewD.
)n order to avoid such situations" it is necessary that all such reGuests be rationalised
and henceforth channelled through the C;ternal Affairs #inistry" which will process the
reGuest" taking into account" the foreign relations implications" and advise the #issions
abroad as to the action to be taken. Similarly" when an invitation is e;tended to a
#inister or a senior official of a #inistry by a foreign 5overnment for travel abroad
such an invitation should be referred to the C;ternal Affairs #inistryD..Thereafter
steps should be taken to obtain prior approval of the PresidentDD-
President $ajapaksa?s (ode of (onduct for Travel Abroad by ministers" deputy
ministers and parliamentarians" though late" still appears salutary. *owever" the
Guestion remains what would happen to those who breach provisions of the (ode.
There have been no known instances when 6PFA ministers" deputies and #Ps have
been taken to task over these issues in the past. *owever" Peiris? memorandum and
the recommendations he has made raise some serious Guestions. *e is determined to
place severe restrictions on the conduct of conferencesEseminarsEworkshops and
related events in Sri @anka. 8ne is not wrong in saying that approvals in such
instances would be forthcoming only for events that favour or meet the approval of the
6PFA 5overnment. For others to receive approval" they would have to change their
subjects and speakers to suit the 5overnment. Thus" one more severe restriction will
deny the 6PFA leaders from continuing to claim that Sri @anka is a five'star
democracy or a 7onder of Asia. )t comes at a time when the 5overnment finds itself
beleaguered on many fronts.