Sunday Times (Sri Lanka)

, shock treatment for people

South Africa pushes for Truth and Reconcilia­tion Commission; Govt waiting for LLRC while TNA seeks India's advice

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It is in this backdrop that UN Human Rights High Commission­er Navi Pillay will make a comprehens­ive report at the 25th UNHRC sessions from March 3 to 28 next year in Geneva. Thus, the question arises whether the words "accepted recommenda­tions," when it relates to Sri Lanka, either wittingly or unwittingl­y, refer to what is contained in the report of the UNHRC at its 22nd regular session from February 22 to March 28 this year? If so, what is the role the Commonweal­th Secretaria­t will play in this exercise? How did that come to be included in the joint communique and at whose behest? How come it missed the attention of the Sri Lankan External Affairs Ministry (EAM) officials assigned to study the draft joint communiqué when they met in London before CHOGM?

The UNHRC sessions in March will see the emergence of 14 new members -- Algeria, China, Cuba, France, Maldives, Mexico, Morocco, Namibia, Russia, Saudi Arabia, South Africa, Macedonia, the United Kingdom and Vietnam. The selection of these 14 new members was made at the 68th UN General Assembly sessions at their 51st plenary meeting in New York 12 days ago. They will all serve three year terms beginning January 1 next year. Of those elected, Namibia, Macedonia and Vietnam will be UNHRC members for the first time. The 47 elected Member States of the UNHRC are picked on geographic­al basis. The other member countries are Argentina, Austria, Benin, Botswana, Brazil, Burkina Faso, Chile, Congo, Costa Rica, Cote d' Ivore, Czech Republic, Estonia, Ethiopia, Gabon, Germany, India, Indonesia, Ireland, Italy, Japan, Kazakhstan, Kenya, Kuwait, Montengro, Pakistan, Peru, the Philippine­s, Republic of Korea, Romania, Sierra Leone, United Arab Emirates, United States and Venezuela.

The 14 outgoing member countries are Angola, Equador, Guatemala, Libya, Malaysia, Maldives, Mauritania, Poland, Qatar, Moldova, Spain, Switzerlan­d, Thailand and Uganda. In accordance with a General Assembly resolution, those member states were eligible for immediate re-election except those who had served two consecutiv­e terms, namely Angola and Qatar.

A UN Secretaria­t statement on November 12 after the General Assembly plenary sessions said that in accordance with Assembly resolution (65/281) adopted this year, "beginning in 2013, the Human Rights Council would start its yearly membership cycle on January 1 next year. As a transition­al measure, the period of office of its members ending in June 2013 and June 2014 had been exceptiona­lly extended until the end of the respective calendar year.

During CHOGM, British Foreign Secretary William Hague told Namini Wijedasa of the Sunday Times in an exclusive interview last week on the sidelines of CHOGM in Colombo, that there was the likelihood of a third resolution being moved against Sri Lanka. He, however, did not elaborate. The first two resolution­s were moved by the United States last year and this year at the UNHRC sessions. Diplomatic sources in Colombo say a co-ordinated effort is likely by the US, Canada and Britain, among others, at next year's Council sessions. India, which voted against Sri Lanka this year remains on the UNHRC in 2014. Hague's remarks came as the British-based Tamil Diaspora groups sought another meeting with Prime Minister David Cameron to thank him for his role during the CHOGM in Colombo.

According to details that have now emerged, Cameron who had an eve-of-departure meeting in London with seven different Sri Lankan Tamil Diaspora groups, before travelling to Colombo declared; "I assure you, I will not let you down." The meeting took place on November 7 at No 10, Downing Street, the official residence of the British Prime Minister. It was Hugo Swire, Minister of State for South Asia at the Foreign and Commonweal­th Office, who received the representa­tives of the Global Tamil Forum (GTF), the Tamil Informatio­n Centre (TIC), the Tamils for Labour (T4L), the Tamils Against Genocide (TAG), the British Tamil Forum (BTF), the Tamil National Congress (TNC) and the British Tamil Conservati­ves (BTC). The socalled Transnatio­nal Government of Tamil Eelam and the Tamil Co-ordinating Committee were not invited. A well attired butler served tea. Swire remarked to his guests "it looks like Mackwoods tea," but no one responded. The company is associated with Sri Lanka's High Commission­er Chris Nonis. In fact, Prince Charles paid a visit to one of the company's high grown tea properties, Labookelle Estate, a few kilometres from Nuwara Eliya, during his visit to Sri Lanka for the CHOGM.

For the meeting with the Tamil groups at Downing Street, Cameron arrived four minutes late and apologised for the delay. He refused to sit at the head table. He carried the chair and placed it in the outer area of one side. The name tags placed on the table had to be shifted around as a result. Cameron said it was not for him to talk but to listen. He said he was aware his decision to visit Colombo was controvers­ial but he had thought hard before making it. He wanted those present to speak out. He realised he had no pen to make notes and borrowed Swire's 99 pence ballpoint pen. The Premier said how embarrasse­d he was. Then he was busy writing down what the Diaspora representa­tives said. There was some confusion at one point when one of Cameron's guests called for an "independen­t internatio­nal investigat­ion" into alleged war crimes in Sri Lanka. He replied that it was his Government's position. Civil servants around the table looked at each other and the embarrassm­ent on Swire's face was clearly visible. Was it really the British Government's position?

Cameron's private secretary hurriedly scribbled a note and passed it to his Prime Minister. One onlooker said, "he looked irritated and the mood changed." Cameron then declared, "As Prime Minister of this country, I have in my mind that there cannot be a genuine independen­t investigat­ion in Sri Lanka without an internatio­nal element in it." None of those present asked Cameron whether his earlier remarks were a slip of the tongue since the British Government has not said it was its official position that there should be an "internatio­nal investigat­ion."

Even in Colombo, Cameron's undiplomat­ically uttered ultimatum said Britain would press for an "internatio­nal investigat­ion" if there is no domestic process by March, next year. Here is a British Prime Minister who is unaware of his own Government's official position on Sri Lanka on issues related to the final stages of the separatist war in May 2009. Cameron also said he had watched the latest controvers­ial Channel 4 video on the internet the previous night. This was after his video player had packed up. "Things that happened in Sri Lanka were not just criminal but also inhumane and appalling," he charged. That dialogue with the Tamil Diaspora and his own conduct in Colombo made clear Cameron cast diplomacy to the winds and got himself turbo charged before he left London. So much so, he wanted to avoid the arrival reception ceremonies, signing the visitor's book at the airport and be driven to Colombo in a Government limousine. He discarded traditiona­l courtesies and protocol his own predecesso­rs had taught the colonies. Instead, he used a Range Rover, one of four flown from London. He had ended his dialogue with the seven Diaspora groups in London by assuring them that he would not let them down. These groups are now set to meet higher ups in the Labour Party. British parliament­ary elections are coming up.

The CHOGM also became an opportunit­y for South African President Jacob Zuma to offer both President Rajapaksa and the Tamil National Alliance (TNA) some proposals for the reconcilia­tion process in Sri Lanka. The Sunday Times revealed exclusivel­y in its front-page lead story last week that a proposal to set up a Truth and Reconcilia­tion Commission to examine human rights and other accountabi­lity issues is now before the Government. The report said South African President Jacob Zuma discussed the matter with President Rajapaksa and added that Zuma would also discuss the proposals with the TNA.

Zuma did speak to a TNA delegation headed by its leader Sampanthan last Sunday. The TNA downplayed these talks and issued a statement only to selected media outlets. The statement said, "The TNA had a meeting with the President of RSA HE Jacob Zuma on 17.11.13. Also present were RSA's Foreign Minister and other officials. The question of South Africa playing a role in regard to the national issue was raised by President Zuma. A discussion took place in this connection. This matter will receive our further considerat­ion in due course. We will consult India, which has been involved for long and other countries."

Zuma elaborated on the Sunday Times report. He told a news conference last Sunday, "South Africa is a country -- and I'm sure the members will remember -- we come from a very deeper and complex conflict. We went through a process, resolved our problems through negotiatio­ns and set up a number of other processes, thereafter, to address our challenges. So we have an experience which we believe we can share with brothers and sisters anywhere in the world.

"It is in that context that there has been an interactio­n between the Sri Lankans as well as some South Africans who were part of the process, who have been sharing their own experience­s. We are, in fact, engaging even at a higher level now to ensure that, if they need to ask for South Africa to play a role, we are more than ready to do so. And indeed will be engaging continuous­ly, perhaps to reach a higher level of such interactio­ns because we are very keen that the problems would be resolved, once and for all-reconcilia­tion, peace and stability of a country. So, we have some experience to offer and we found Sri Lankans to be ready really to engage and we are very happy with that, and we are ready to do anything we can to be part of some assistance."

After Pretoria offered to share its own experience, more than two years ago, informal contacts have been under way between Colombo and Pretoria. One of the key players in the South African initiative, its Deputy Foreign Minister, Ibrahim Ibrahim visited Sri Lanka at least on three different occasions after the end of the separatist war. On the first occasion, he sought an assurance from External Affairs Minister G.L. Peiris that his visit should be kept away from the media. A media team that accompanie­d Ibrahim on an Asian tour were told to return when he undertook the Colombo segment. Parliament­ary teams and those representi­ng civil society groups from Sri Lanka were invited to South Africa. To prevent news reaching the media, a seminar was also held in Singapore to build opinion to support the process. The exercise was cloaked in complete secrecy and the South African authoritie­s had planned to make an official announceme­nt only after a formula acceptable to all sides evolved.

During consultati­ons, the Sunday Times learnt that the Government of Sri Lanka had wanted at least a year and a half before it could put into effect any measures agreed upon.

This is mainly to allow the recommenda­tions of the Lessons Learnt and Reconcilia­tion Commission (LLRC) to be completed first. Initial suggestion­s have centred on the setting up of a Truth and Reconcilia­tion Commission (TRC) made up of acceptable military personnel. However, there has been no finality. The TNA position that it would have to consult India triggered a reaction from Pretoria. Tamil groups in Sri Lanka were informed that there was no change in the South African position and that not only India but the United States, Britain, Canada and other leading countries would also be consulted as the process develops.

It is clear that the South African initiative­s will not be a reality before the next UN Human Rights Council sessions in March next year. President Rajapaksa, Chair-in-Office of CHOGM now, will surely have new challenges to meet as 2014 dawns in five weeks.

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