The following letter was sent to the Editor of the Island in response to
references to the Peace Secretariat in a column by Shanie. It was not
published, which is perhaps understandable since the references were not
as critical as previously. However, since some of the points made may
deserve a wider readership, the letter is reproduced here.
The Editor
’The Island’
Dear Sir
I am replying again to Shanie's last column, though this one is so
different in tone from the last that I feel we are at last reaching
common ground. Since however one of the purposes of this exchange
might be to identify areas in which progress could be made, I write
again, hoping that next week her column might, without necessitating
a rejoinder, be an active response to this letter.
In particular, could I suggest that she contact Manique Mendis or
Pushpi Weerakoon at the Business for Peace Alliance, to find out more
about their ground breaking project, and use her column to seek
further funding for this? In recent interactions with members of the
Tamil diaspora, in Geneva and elsewhere, I have suggested support for
such initiatives instead of for destructive opposition, and they have
at least agreed to look at this seriously. I hope very much for
instance that Raj Rajaratnam, an idealist who many years ago
contributed generously to a project I ran to bring Sinhala and Tamil
speaking students together for Third Language Camps, but was then
hijacked as it were by the TRO, who took ruthless advantage of his
generosity, would work with such institutions that promote pluralism
and mutual understanding.
But to get back to the main point, I still do not understand why
Shanie insists on claiming that I refuse to accept that there have
been unjustified extra-judicial killings. As we have explained again
and again, we recognize that human rights abuses do occur in Sri
Lanka, and that is why we engage so actively with for instance
Special Rapporteurs who help us by drawing attention to them and
suggesting ways in which the situation can be improved. Walter Kalin
is of course the outstanding example of this in recent times, and
though we may not agree with some points in his report, his
professionalism and integrity and willingness to work are beyond
question. Interestingly, when I have been discussing our relations
with many UN visitors, with various UN officials in different places
and institutions, it is interesting that to note - while they do not
criticize others - they all comment on Prof Kalin's professionalism.
I should add that we are also working well with Manfred Novak, the
Special Rapporteur on Torture, who has also advised us on how we can
perhaps deal with claims of impunity, i.e. by reducing the mandatory
sentence for torture. There is no doubt that Sri Lanka does indict
officials on charges of torture, but there have been fewer
convictions than perhaps evidence would warrant. This is of course
a matter for the courts, and it is absurd to assume that the
paucity of convictions means connivance between courts and
prosecution to ensure impunity. Rather, as Prof Novak pointed out,
what seems a high mandatory sentence leads to some judges being
disinclined to convict.
Finally, I should point out that my attempts to engage with Prof
Alston, the Special Rapporteur on Extra-Judicial Executions, makes it
clear that I believe we do have problems, and his assistance would
help us to overcome them. His initial recommendations seemed to me
very useful and we are in any case proceeding with measures
accordingly. However he failed to answer my last letter, and though
he explained that this was because he had no time, I feel this is an
area in which we will have to work on our own. The massive criticism
he has received from NATO over his recent work may suggest the man is
under pressure, but I am sorry he seems to have withdrawn from us
because he too is indubitably an idealist, albeit prone to extreme
not always justified statements as the spate of criticism he received
recently in Geneva indicated.
I have gone on at length because it seemed necessary to make it clear
to Shanie and your readers that we are not in a state of denial about
facts, and that we are indeed trying to work positively to remedy
matters than need remedying. But I stand by what I have always said,
that indiscriminate criticism of our forces in action is totally
unacceptable, and it is precisely the confusion about what exactly is
wrong that has led to sometimes confrontational approaches that do
not help to remedy the situation. We must try to stop or limit
abuses, but we must not confuse the abuses in ways that might be
taken advantage of by terrorists or even by poor power-hungry
politicians who believe that condemning our forces is the surest way
to return to responsibilities they failed to live up to in the past.
Unthinking criticism by idealists such as Shanie add grist to the
mill of more insidious rent-seeking critics, and thereby to more
destructive forces.
Finally, I am not sure why Shanie brings what she terms the new
Geneva style diplomacy into her article, but let me assure her that,
if she is talking about the articulate, intellectually incisive,
principle based energetic approach of Dr Dayan Jayatilleka, I am
deeply disappointed that she thinks I merely acquiesce in this.
Certainly less public expressions of these qualities my be more
appropriate in other missions, and I personally have been impressed
by the professionalism of diplomats who have facilitated my visits in
capitals such as London and Brussels and the Hague and Oslo, but
there is little doubt, from my interactions with diplomats from many
other countries in Geneva, that is it is Dr Jayatilleka who saved Sri
Lanka from the critical motions prepared two years ago and raised
again last year, and who has made clear to the international
community at large the achievements of our country in all respects
under the most difficult conditions.
Yours sincerely
Prof Rajiva Wijesinha
Secretary-General
Secretariat for Coordinating the Peace Process
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