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Asking the UN not publish the report was as silly as asking Ban-Ki-moon not to wear any underwear

By Gomin Dayasri

Sri Lanka can crush the Ban Kin moon-ies (includes Tamil Diaspora, International NGO community, remnants of the UN system, ‘white’ western nations and Sri Lanka’s elite civil society) comfortably but not by living in isolation like a Robinson Crusoe on an island. We need a helping hand from friendly countries, as on the last occasion when an effort to stricture was made before the Human Rights Council during the war.

This time too, the action station could be the Human Rights Council, in an effort to revisit the benevolent resolution passed in our favour. It could be triggered on by an application made by state/s supplicant to the West, HR idealism and the Tamil Diaspora based on the Moon Report at the instigation of the INGOs. An inquiry by the Human Rights Council is a concern as it is a body created by the UN.

Our friends abroad may find it more difficult to rescue with the air polluted with weird allegations of war crimes, if an inquiry is requested?

Humanitarian laws have developed to an extent it is now a prime part of international law and order. True, powerful nations tailor Human Rights selectively to fashion it according to their requirements, but it is a reality we have to learn to live with and Sri Lanka has to manoeuver within this framework. If Al Quida were vanquished would the West want the achievement devalued? Sri Lankas pride lies in ridding terrorism.

Our foreign friends will require cogent reasons to oppose an application if there is a strong case made for an inquiry by the Human Rights Council. We must provide the build blocks to enable friendly governments to construct the moat to halt a foreign crossing into Sri Lanka.

The ball is in the government’s court but the Foreign Ministry is living in cuckoo land. They were deceived by false intelligence reports originating from their UN sources that the Moon report will be tepid until they read the fine print and then acted crass stupidly in demanding it should not be published.

Any simpleton at home knew, from the named appointees to the panel, as inquirers heavily weighted with bias, no cordial report was forthcoming. We should have treated their bluff by attacking the partiality of the Moon panel on being biased at the commencement and alerted the foreign legions on the trash, the panelist would unveil in a report, without waiting till the bomb fell. Instead, we furtively accessed them. To call the UN, to desist publishing the report, is as silly as asking Ban kin Moon not to wear underwear.

The President wisely appointed the LLRC to inquire but the restricted mandate made LLRC’s task onerous and their navigational chart showed a voyage without direction from a reliable compass.

The LLRC members are no moppets; with a few outstanding men in their ranks, they must task the government to hold inquiries into allegations of humanitarian violations, even if such are not reported to the LLRC. They are late in failing to publicly confront the government; in acting swifly on some of they’re worthy recommendations. LLRC must show the world they are men not mice to earn international respectability, the prime need of the hour.

The government is laid back, unlike during the war. Government would have done the country proud had they created the mechanism to inquire into human rights violations before being told to do so. If the LLRC does recommend, it should be implemented forthwith. The bottom line is, we must open a window soon. If we delay, as we often do, the curtain will fall on our head.

Speed is of essence. The cases filed against the TRO on terrorist funding have dragged on with adjournments for two years without a single date of trial. The State with a trump in hand has let a moment of glory slip due to the lackadaisical attitude of the Attorney Generals department.

A credible impartial inquiry at home by competent judges, in a special tribunal to eliminate delays, established as against the JVP insurgents, is the best tool to provide our sponsors in the international circuit, a shield to protect foreign interventio into Sri Lanka on war crimes. Any wrongdoer, after a proper inquiry with all available defenses provided, if proved beyond reasonable doubt guilty, calls for punishment. The road show must be in Sri Lanka according to our laws by our judges so that we do not barter our sovereignty.

Notwithstanding the nexus, China and Russia has to Libya, they did not launder the UN decision to declare a no fly zone over Libyan air space as the human violations were grave and Libyans were not taking any meaningful preventive measures except indulging in loose talk?

A lesson we must learn.

Russia and China need to earn the respect of the West for commercial and strategic purposes. Russia erred on human rights that led to the boycott of the Moscow Olympics and made China cautiously tread the road to the Peking Olympics. Russia and China will fight for us but they will not die for us.

The Human Rights Council appointed judge Goldberg to report on human rights violations on the part of the Israeli military in the Gaza strip. His report highlighted war crimes of Israel. The Telviv government did not resort to rhetoric and rallies instead responded by holding and faulting the military guilty on proved wrong doings by domestic tribunals and made smithereens of the Goldberg Report in a worthy response.

Judge Goldberg, a South African Jew, accepted erring and America in view of the internal findings against the military exercised their veto. That was the end of the Gaza fiasco, notwithstanding merits.

Moon has given us a gift with a goon report that can be made pulp. Instead we keep mum with the Foreign Ministry talking rot by relying on technicalities.

Instead the Minister should instruct his selected team of wise men- some with enriched experience in navigating foreign affairs, ironically, during the times of Chandrika Bandaranaike and Ranil Wickremesinghe, that led to a political package, tsunami structure, Cease Fire Agreement, peace resolutions condemning war - all monumental failures with the Minister at the helm; to utilize their inherent talent to write in good English, an exposure on the fragilities of the Moon Report. This document could be a pocket missile to fire at the Moon report.

Foreign Ministry’s stupid attempt to co-opt a member of the LLRC, to this committee, was a near fatal error that was repaired fortunately by a vigorous refusal. If left untouched it would have buried the LLRC alive on partiality. In the enemy camp, a game is on to discredit the valued LLRC.

It is time we wake up to a foreign trap laid by such as Roberto Blake who never wanted us to overcome terrorism. Yet, America has correctly advised us, to hold domestic inquiries. We must help to be helped.

10 Comments

Are u serious Dayasiri. Go on crush the UN. The trap was not set by Blake, but by the elks of your father who began to dispossess the rights of our Tamil brothers and sisters. The 60 year plan mooted then has now come a full circle.

As said by Dayan Jayatileke, the war was just, the way we fought it was unjust.

I know, MR et al has side lined you and your fellows who don't believe we must live together. Too bad, my fellow, the Tamils will be there for even after your death.

Between, if our bloodied motherland wishes to reach it's full potential, then we must reverse the decisions of your father and let everyone live as equals. The one chap who can unwind the past is MR for that he will get the support of the Tamil people.

Anyway. let's plan to crush the UN. Ha ha.

Posted by: vishvajith | April 26, 2011 04:09 PM

"A credible impartial inquiry at home by competent judges, in a special tribunal to eliminate delays, established as against the JVP insurgents, is the best tool to provide our sponsors in the international circuit, a shield to protect foreign interventio into Sri Lanka on war crimes."

The above statement looks good on paper, but the chances of the Rajapkasa regime doing anything credible is about the same as Gaddafi investigating the crimes committed against his own people by his regime. Brutal corrupt regimes cannot do anything credible, it goes against who they are.

It is amazing that Sinhala nationalists like this author in their inherent anti-Tamil hatred, point the finger at the west, accusing them of intervention but are happy to sell the country to other foreigners, all because the other foreigners are prepared to accept the Sinhala nationalists anti-Tamil hatred without questions.

Posted by: Kaz | April 26, 2011 06:57 PM

The Mills of God grind slow but sure. If wrongs were committed they must be recompensed. , the Guilty punished, the Victims compensated and rehabilitated. That is the universal demand of Justice. This is not about building moats and protecting criminals.

Posted by: SriLankan | April 26, 2011 07:58 PM

Mr Gomin Dayasiri as I understand is an eminent lawyer. Our FM is also an eminent lawyer with equal ability and excellent record in handling our foreign affairs.

Mr Dayasiris's confident assertion that we can demolish the "Bunki repo"t is heartening for all peace loving Srilankans who are looking forward to a free and prosperous motherland.

Libyan anology ,however is a bit way off the mark.

NATO and their new coalitin partner Mr Bun Ki Moon need Lankans or at least Lankan looking souls to muster an invasion force.

Had the West been able to salvage the LTTE leadership that they fought tooth and nail to ship out. there could have been a descent mob to arm, from the ex LTTE cadres and the Opposition parties,

JVP however may not join them because their members still have some patriotism left in them.

The best Mr Dayasiri can do for the country is to extend his many talents to combat this Diaspora,initiated campaign to destroy the current development phase of the country via the enforcer mates of their's in the West.

Ridiculing and belittleing out Foreign Service is counter productive even though your idea is to "shock" them into action.

Posted by: Kalu Albert | April 26, 2011 08:26 PM

The locally popular lawyer from the South with political leaning that has been deadly against any meaningful devoution of power, now praises the US as a last resort. In his analysis he never mention the credibility of the committees or comissions like APRC, Eminent Persons panel led by Bhagavathi and so on appointed by the president and the out come of those excercises.

The accounts of 1958 by Tarzi Vitachi, of 1983 by Anita P of Hindu group, now of 2009 by UN Ban Kee Moon's Panel and all the periodic constiutional changes under SWRD, JRJ, MR reveal the truths from the 1948. Systematic way of taking away sovereignty of the Tamils they also got it in 1948.

They are prepared to get help from any country from the West or East, North or South of the world as long as Tamils are kept as third class within the island. But they are not prepared to allow the Tamils to progress with freedom, idependnece and equality. Now they are trying to extend that ambition to other parts of the world too.

Posted by: Ariya | April 27, 2011 01:33 AM

Ban Ki-moon’s ‘War Crimes’ report, managed by Hard-core LTTE affiliated Global Tamil Forum is sponsored by US and UK political establishments. It’s gathering momentum initially pushing for a war crimes probe and ultimately targeting economic sanctions/embargo + against Sri Lanka to derail the economic recovery since SL does not fall within the jurisdiction of the International Criminal Court. UN is going through the ‘UN sanctions’ book page by page while SL government and opportunistic opposition UNP dream. UNP view this as God-given opportunity to come to power (after 15 odd election failures) once the country is bankrupt.

Difficulty to explain the SLG stance ‘zero civilian death toll’ is due to the fact LTTE combatants were ordinary civilians trained and armed wearing civilian clothes not always suited & booted in tiger attire. It makes sense to expedite a Truth & Reconciliation Commission report even partially, roll the ball on recommendations, and publish the government formulated devolution model in parliament to initiate discussion. Specially holding northern elections, implementing northern provincial council with the 13th amendment as a starter will guarantee India aboard. International awareness of northern infrastructure development, rehabilitation, resettlement projects should be promoted not for the sake of local Tamil votes, but effectively to counter diaspora propaganda machine. This can invite international partnerships brining funds and expertise. SLG has got to be proactive rather than react each time UN + western media raise their ugly head with financial backing of diaspora plus stop antagonising the west.

During the final phase of the war in which Sri Lankan forces rescued hundreds of thousands of civilians held captive as a LTTE human shield, USA, UK and Norway governments ordered SLG to stop the war and offered safe passage to 100 odd top leaders of LTTE and their families. USA did not want SL to be the first to defeat terrorism when they were a laughing stock to control Iraq and Afghanistan. Also as per Wiki-leaks the Tamil diaspora virtually blackmailed western politicians for votes if they did not support LTTE. LTTE has smuggled the Tamil diasporas into EU and smartly settled them in certain electorates to get the numbers significant enough to have a say. Sri Lankan leaders stubbornly asked the West to go to hell. Wiki-leaks confirm what was said to David Milliband and the French FM in Colombo. Colonial masters have a vendetta against Sri Lanka for revenge!!!

Most of the UN funding comes from western countries making UN is a puppet of the western world and Ban Ki-moon is seeking re-election thus he needs to please his western masters for blessing. UN has no time regarding the Iraq indiscriminate bombing (shock and awe tactics), Guantanamo Bay enquiry in US and Iraq enquiry in UK that were swept under the carpet by the respective governments. But Sri Lanka is a small fish and suits everyones own agenda perfectly. India will abstain in the UN vote due to Tamil Nadu pressure and West is now making deals with Russia and China not to veto so Sri Lanka can be nailed after a long campaign. Don’t forget Iran, Libya, North Korea were much more strategic interests to Russia / China than SL and they have UN punitive resolutions passed!!!

Posted by: Lak Puthra | April 27, 2011 02:14 AM

Time has come for the sensible respectable law abiding Sinhalese to get the Sri Lanka out of the grip of an authoritative /dictatorial government which is hellbent on ruling the country by instilling fear into it's citizens.
This is what LTTE did to Tamils. The current regime is doing to the same on ENTIRE country's population.
Media,Judiciary,election commissioner and security services are all under rigid control by one family members.
God safe Lanka.

Posted by: Nama Yoga | April 27, 2011 06:54 AM

When that large and useful tree - the late briliiant lawyer HL de Silva was around - the shade he proided benefited many lawyers of lesser credentials. Some of them find their "brilliance" has no place with the regime. Is caste a reason wonder some where those with origins on the wrong side of the Bentara river are no longer in the vogue.

'Crush the elites of civil society" is not going to be an endearing term locally. This kind of language to appease the poor and the marfginalised will not find target in that section that is now hungry in more sense than one. The poor also know how the nouve riche of recent years came by and on whose name they have now become "the elite" Neither is the racial slur "White Western society" going to win friends ib the legal fraternityb here or overseas ib places that matter. That is as bad as the low blow of "Judge Goldberg - a Jew" Surely, there are many good Jews as good Arabs/Palestinians in the perception of men with some learning. The prejudice against "the Tamil diaspora" is perfectly understandable from the genetic factor - but they (TD) simply have no time for someone who they are convinced is simply trying to catch the eye of the Royal Household with different theatrics. These and many efforts of manufacturing "instant history" was also tried by another in the late 1980s. The man even parked himself in a Delhi Hotel in the 1987 period, financed by local majoritarian business-religious interests, in the hope Rajiv Gandhi will call him for chat-and-tea to discuss the local issues. The man may or may not have known the Wise Brahmins of the South Block at that time, at best, saw him as a communal rabble-rouser rather than a Constitution maker. As Santayana was to warn us history has different ways of repeating itself.

ISS

Posted by: Ilaya Seran Senguttuvan | April 27, 2011 10:38 AM

Sri Lanka can crush the Ban Kin moon-ies (includes Tamil Diaspora, International NGO community, remnants of the UN system, ‘white’ western nations and Sri Lanka’s elite civil society) comfortably but not by living in isolation like a Robinson Crusoe on an island."

This statement says a lot not just about the writer, but also of all that is unwell in Sri Lanka.

The accent for too long has been on "crushing" anything that we dont agree, without pausing to reflect whether there could be even a modicum of truth to whatever the story.

The reference to "white" western nations smells of racial prejudice; just as bad as reference to us as 'blacks'. Such references are outmoded and outdated. It is in poor taste and a sure fire way to antoganize the nations referred to, singly and collectively. If we want respect, we will need to show it. The world has come a long way and some of our commentators have missed it all.

Sri Lanka has some capable persons within its fold, who may have helped if asked - through diplomatic means - and thereby avoided the current unenvious situation. Men such as Jayantha Dhanapala and Bradman Weerakoon (despite his senior status) are just two of them, though the numbers are admittedly dwindling. They just stood and watched as we burnt ourselves, for they dont come forward unless asked. That's the breeding in them.

Instead, it relied too much on those bellicose types willing to take on 'all comers' and possibly "crush" or "win" an argument, be it from a UN podium or an ambassadorial position or even from a parliamentary position. They would - at the drop of a hat - let loose fire breathing elements from the political arena who would scream from atop whatever platform they could summon outside the UN in Colombo thinking it would add to the humiliation.

While some cheap local votes may have been garnered, the international votes were being fritten away through such ameteurism. All in all, the show has been managed in a most juvinile way.

Winning an argument and winning goodwill are two very different things and Sri Lanka may even at this very late hour awake to reality, shed its arrogance, and assume an altogether more realistic posture.

Mentioning responsibly in parliament that India was currently training terrorists and then going behind them for regional support in our hour of need can only show up how poor our overall foreign strategy has been. Can the country realistically expect any tangible support from the 'big brother' after such a show of petulence??(accent on tangible support).

Perhaps the more bellicose participants in this blog who recommend nothing short of fire and brimstone may now want to reflect whether we have flipped along the way. It will be interesting to read what they have to say.

Sri Lanka may yet come out of this scrape reasonably unscathed but can we realistically say that it has not been without paying a very heavy price?

Posted by: justice & Fairplay | April 27, 2011 11:48 PM

THE 214 PAGES OF THE UN REPORT REGARDING THE WAR CRIMES COMMITTED BY THE SRI LANKAN ARMED FORCES DURING THE FINAL WAR IN MULLIVAIKKAAL IN THE MULLATIVU DISTRICT OF SRI LANKA IN WHICH OVER 35,000 INNOCENT TAMIL CIVILIANS BEEN MASSACRED BY THE SRI LANKAN FORCES IS AN EYE OPENER TO OTHER COUNTRIES WHICH HAS COMMITTED AND STILL COMMITING WAR CRIMES.

Posted by: Joseph De Vaaz - UK | April 29, 2011 10:45 PM

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