{"id":57479,"date":"2016-08-09T16:15:35","date_gmt":"2016-08-09T23:15:35","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=57479"},"modified":"2016-08-09T16:15:35","modified_gmt":"2016-08-09T23:15:35","slug":"submission-on-reconciliation-mechanisms","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2016\/08\/09\/submission-on-reconciliation-mechanisms\/","title":{"rendered":"Submission on Reconciliation Mechanisms"},"content":{"rendered":"

Mahinda Gunasekera\u00a0Past President\u00a0On Behalf of Sri Lanka United National Association of Canada<\/em><\/span><\/h2>\n

By E-mail<\/u><\/strong> \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 84 Tambrook Drive<\/p>\n

Agincourt, Ontario<\/p>\n

Canada M1W 3L9<\/p>\n

Dr. Pakiasothy Saravanamuttu<\/p>\n

Secretary, Consultation Task Force on Reconciliation Mechanisms<\/p>\n

Colombo 1, Sri Lanka<\/p>\n

Dear Sir,<\/p>\n

Submission on Reconciliation Mechanisms<\/u><\/strong><\/p>\n

With reference to your undated notice received by me from the office of the Sri Lankan Consul General in Toronto on October 20, 2016 and subsequent notification extending the deadline up to the 10th of August 2016, I have pleasure in sending the following submission on behalf of the Sri Lanka United National Association of Canada.\u00a0 A separate copy is being sent in attachment as well.<\/p>\n

Yours sincerely,<\/p>\n

Mahinda Gunasekera<\/p>\n

Imm. Past President<\/p>\n

Sri Lanka United National Association of Sri Lanka<\/p>\n

Encl.<\/p>\n

________________________________________________________________________________________________________________________________________________________________<\/p>\n

By E-mail<\/u><\/strong>\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a084 Tambrook Drive<\/p>\n

Agincourt, Ontario<\/p>\n

Canada M1W 3L9<\/p>\n

August 9, 2016<\/p>\n

Consultation Task Force on Reconciliation Mechanisms<\/p>\n

Ministry of Foreign Affairs<\/p>\n

Sir Baron Jayatiilaka Mawatha<\/p>\n

Colombo 1, Sri Lanka<\/p>\n

Attention: Dr. Pakiasothy Saravanamuttu<\/strong><\/p>\n

Dear Sir,<\/p>\n

Re: Submission towards improving the relations between the different communities in Sri Lanka<\/u><\/strong><\/p>\n

A process of reconciliation must look into the grievances of all the communities in the island and also take into account the historical injustices suffered by certain communities at the hands of western colonial powers that dominated the land for nearly 450 years from 1505 to 1948 and pursued a policy of divide and rule, which are the very same seeds of conflict left behind in the former colonies that hold people apart and even ignite bringing about intermittent conflagration. The Tamils who were earlier referred to as the people from the Malabar coast of South India benefited from the divide and rule policies receiving greater access to English medium education and more opportunities for employment.\u00a0 On the other hand, the Sinhala people of Sinhale based in the former Kandyan kingdom had their lands confiscated under the infamous \u2018Waste Lands Act\u2019 in extent around 600,000 acres without a penny in compensation, only to see these lands being given to British capitalists at prices less than the cost of surveying the properties and Indian Tamils being brought in as indentured labour to work the land. The post-rebellion years against the British who did not live up to their treaty obligations around 1818 also resulted in the brutal massacre of over 10,000 Sinhala people with orders to shoot every male over the age of 14, and also carry out complete devastation of the region, burning the homes, destroying the fruit trees, food crops, and livestock, creating a waste land where no human habitation could survive.\u00a0 Despite the setting up of the Kandyan Peasantry Commission post-independence, hardly any relief has been granted to these people, while yet others have been moved out of their traditional villages and livelihoods following the Mahaweli Diversion Scheme which flooded the plains where they lived. It is incumbent on the state to firstly to look into the dispossession of these indigenous Sinhala people and file a claim for compensation from the British for their dire plight for which the British colonial regime is\u00a0 directly responsible, more so, as the British today seek to be identified as champions of human rights.<\/p>\n

Proposed Plan of Action<\/u><\/strong><\/p>\n

The proposed approach on reconciliation appears to be rather narrow with focus on the recent armed conflict where a war was thrust on the Government of Sri Lanka by the internationally designated terrorist group known as the Liberation Tigers of Tamil Eelam (LTTE) which launched a series of armed attacks from about December 2005 calling it their final war of liberation. The LTTE had already committed serious violations of the ceasefire agreement numbering over 4,000 as reported on by the SLMM and a further 3,000 complaints remaining to be reviewed by the Nordic Monitors, making it a worthless piece of paper.\u00a0 LTTE\u2019s acts of open aggression through the early part of 2006 and the forcible cutting off of drinking and irrigation water from the Mavil Aru in July 2006 to a large segment of farming communities located downstream forced the government to respond militarily to restore order. These terrorist acts go farther back to the 1970\u2019s with numerous violent incidents causing deep rifts and a crisis of trust amongst the two main communities, i.e. the Sinhala and Tamil people.\u00a0 If we are to seriously look at the issues that have caused irritations, anger and violent confrontations, we need to go much further back than the armed conflict between the Sri Lankan authorities and the armed LTTE terrorists which raged from 2006 to 2009. Digging into these wounds and seeking out victims and aggressors could cause the pain and hurt to resurface giving rise to a fresh burst of anger and hatred making it difficult for the meeting of sober minds and treading a new path to reconciliation and friendly ties between the communities. India\u2019s treacherous role of training, arming and funding the Tamil separatist terror groups in the early 1980\u2019s to destabilize her tiny neighbour Sri Lanka, and her military interventions in Sri Lanka from 1987 to 1990 including the spate of war crimes and crimes against humanity by India\u2019s military too needs to be looked at to understand the international dimensions and intrigue in Sri Lanka\u2019s internal affairs.<\/strong><\/p>\n

Our eastern philosophies which give the highest place to non-greed, non-hate and non-delusion, which are alien to the west, could give a better basis for resolving our differences amicably and moving on peacefully through forgiveness added with a policy of restorative justice towards making amends to all those affected on all sides. In the uplifting and illuminating sayings of the Buddha carried in the first chapter of the Dhammapada titled Twin Verses, the supremely enlightened teacher has spoken of the qualities that one needs to develop in order to resolve conflict, attain peace of mind and contentment.\u00a0\u00a0\u00a0\u00a0\u00a0 In this connection, I would like to quote just three of the verses recited by the Buddha on specific occasions to guide the laity to lead harmonious lives:<\/p>\n

\u00a0All that we are is the result of what we have thought: it is founded on our thoughts, it is made up of our thoughts. If a man speaks or acts with an evil thought, pain follows him, as the wheel follows the foot of the ox that draws the carriage.\u201d<\/strong><\/p>\n

He abused me, he beat me, he defeated me, he robbed me, in those who harbour such thoughts hatred will never cease.\u201d<\/strong><\/p>\n

For hatred does not cease by hatred at any time: hatred ceases by love alone, this is an eternal rule.\u201d <\/strong><\/p>\n

If we are to be guided by the wisdom of the Buddha, the parties to the conflict need to adjust their attitudes and thinking, release any hatred and anger and in its place develop a forgiving heart shedding all thoughts of revenge and make a new beginning to speak, act and think as fellow humans whose destinies are intertwined within the confines of the little island of Sri Lanka which needs to be shared and not torn asunder. Whilst acknowledging the past where wrongs have been committed by all sides, it is now necessary to let go the burden of such anguish and think independently to find ways of working together for the benefit of all.<\/p>\n

Looking at the broad framework drawn up by the Consultative Committee, we see the usual solutions and terminology proposed by western powers who deem they are above the law having committed the worst crimes against humanity to plunder other people\u2019s wealth and dominate those communities, without for a moment acknowledging their violent and invasive conduct, failing to even apologise for their inhumane actions leave alone paying compensation to the afflicted people. They want the differences leading to conflict in other parts of the world to continue, and hence the proposal to reopen the wounds and mete out punishment based on political motives, so that the divisions will linger enabling them to dominate and control the destinies of that region. They also seem to believe that following their conflict resolution proposals, one could prevent a future recurrence of hostilities, which goes against the universal law of constant flux or impermanence or anicca, where mere statements or rules cannot prevent new conditions from arising which could lead to fresh hostilities and new conflicts in the unpredictable future.<\/p>\n

Reconciliation is a two way street, where the parties to a conflict need to genuinely acknowledge their errors, make positive overtures to the other side to win their trust and agree to forgive and forget the past and make a new beginning in peaceful coexistence. It is not an easy task and it cannot be achieved if one or both parties seek revenge for any harms real or imagined caused by one to the other, and for reconciliation and peace to follow, both groups must want to put the past behind, turn a new leaf and move on to build a relationship based on mutual respect and friendly ties. When misunderstandings and unwholesome actions take place within the confines of even a single family giving rise to conflicts between its members, it is not an easy task to heal the rifts and restore the harmony, understanding and friendship within the family unit. One cannot expect quick results as the hearts and minds need to be reshaped removing thoughts of revenge, giving the space for persons of goodwill on all sides to work towards a meeting of minds that takes the interests of every person in formulating plans under the normal laws of the land. Reconciliation cannot be rushed, and it will only succeed when everybody contributes to this idea not expecting only the majority community to reach out to others, as opposed to continuous friction and resultant hostilities disrupting the path to peace and harmony.<\/p>\n

Comments on the Broad Framework proposed by the Consultative Committee<\/u><\/strong><\/p>\n

    \n
  1. Office of Missing Persons: <\/u><\/strong>Two Presidential Commissions have studied this subject and a wealth of material has been gathered after meeting with the affected people. The second commission led by Justice Maxwell Paranagama had the benefit of renowned legal experts from the UK and the USA led by Sir Desmond de Silva, QC, UK,who are all highly recognized legal luminaries in their respective countries, in an advisory capacity. They are similarly acknowledged by the UN authorities which retained their services in the ICC and other tribunals where leaders of several countries were tried for violation of international humanitarian laws and war crimes in past conflicts. The Paranagama Commission also had a leading military personality in Major General (Rtd) John Holmes, former leader of the British SAS, who had the experience and background to analyse and study the battle situations faced by the Sri Lanka Army (SLA) in facing the armed LTTE terrorists who forcibly used the Tamil civilian population as a pool of auxiliary forces to be conscripted for battle, exploited for their labour in building defensive berms, etc., or as a human shield or sandbags, in determining if the SLA took necessary precautions to minimize casualties and assessed proportionality in pursuing their military objectives. Based on the latest information gathered by the Justice Paranagama Commission, they were presented with a total of 19,000 complaints relating to missing persons of whom 14,000 were from Tamil residents of the north and 5,000 from family members of security forces personnel who are missing in action during the period from 1983 to 2009.<\/li>\n<\/ol>\n

    The terms of reference of the Paranagama Commission was extended with a second mandate to study and report on the allegations of war crimes and violation of international humanitarian laws by Sri Lanka\u2019s security forces. International legal experts were brought in on an advisory capacity as the Commission lacked experience in the particular area of international law to assist the Commission to deal with these issues. The report of the Commission had been duly presented to the Government by August 15, 2015, along with the detailed explanatory notes provided by the legal experts in support, wherein paragraph 49, a strong rebuttal of the grave allegations made in the UNSG\u2019s PoE report and the OISL had been provided. Strangely, for some unknown reason, the current government failed to use this valuable report to defend Sri Lanka\u2019s good name at the subsequent sessions of the UNHRC, which is a gross dereliction of duty for which no answer has been received up to now.<\/strong> It has also failed to provide the contents of these reports affecting the country in the national languages for the wider understanding of the general public. Does the government represent the people and nation of Sri Lanka, or is it a lackey of foreign sources which is unconcerned about its primary responsibility to the nation?<\/p>\n

    Valuable resources and time has been spent by the state in appointing these commissions headed by reputed Judges of Sri Lanka, and obtaining expert legal and military opinions from world renowned experts on vital issues facing Sri Lanka. The data gathered by these commissions is best acted upon by the respective commission with administrative support, without creating a new office which has had no hand in the work done so far. Is the proposed Office of Missing Persons starting once over from scratch, when the public has responded to the Commission\u2019s outreach and provided information in trust? Have the members of the public to once again fill in forms and furnish the same details when no action has been taken to complete inquiries into their cases?\u00a0 It is indeed laughable to have the United Nations Human Rights Commissioner, Prince Zeid, call on Sri Lanka to disband the Sri Lanka Missing Persons Commission and assign its work to a more credible body. Prince Zeid must be reminded that he has no business to interfere in Sri Lanka\u2019s governance, as we are a sovereign country and an equal member of both the UN and UNHRC of which he is only a paid employee. <\/strong><\/p>\n

    The administrative aspects of tracing those reported as missing will have to be conducted by the Police based on photos of the missing and information relating to the date, time and location they were last seen or heard of by a family member or other individual. If the time lapse has been fairly extensive, the possibility of finding the missing person becomes more difficult. In addition, priority should be given to checking on persons alleged to have surrendered to the army and police who are said to be missing either after release or in custody. Other aspects that need to be considered in the search strategy are the following:<\/p>\n

      \n
    1. Did the missing person seek to join the LTTE or other Tamil militant separatist force?<\/li>\n
    2. Did the missing person leave to India to join and train with any of the militant groups?<\/li>\n
    3. Did the missing person lose his\/her life in the internecine warfare among the militants?<\/li>\n
    4. Did the missing person seek to obtain refugee status in a western country?<\/li>\n
    5. Many of the Tamil persons who sought to migrate to the west arrived without ID papers or<\/li>\n<\/ol>\n

      came with forged documents. The number of such cases ran into thousands in Canada, as they were given welfare and the refugee process fast tracked to reduce the backlog and shorten the wait times that ran from 4-5 years. One reported as having been murdered by Sri Lanka\u2019s security intelligence services such as Kathiravelu Thayapararajah of the US funded NGO called the Vanni Tech was subsequently arrested in India on arrival with his family in a smuggler\u2019s boat. Another Tamil person involved with the JVP insurrection had moved to Australia and was latterly arrested in Sri Lanka and deported back to Australia where he had acquired a new identity with a Sinhala name, i.e. Mudalige.<\/strong> Yet others who were involved with the LTTE had avoided arrest at the conclusion of the battle in May 2009 and travelled by smuggler\u2019s boats to Canada, Australia, or other means to Europe where they claimed refugee status, some having alleged rape, torture, etc. Those who travelled to South India to seek refuge too number over 100,000. Some who sought this mode of escape could have drowned at sea and remain unaccounted for, just as much as some may have perished in the 2004 tsunami and claimed as missing on account of the conflict.<\/p>\n

        \n
      1. Yet others had been abducted by the LTTE and trained as suicide bombers or storm troopers who may have perished in action, while yet others who attempted to escape from LTTE control may have been killed by the organization. UNICEF alone recorded over 6,000 such abductions by the LTTE and other Tamil militant groups. LTTE also killed a large number of IDPs who attempted to escape their control in the last armed confrontation.<\/li>\n
      2. Some may have died in battles with the IPKF during the period 1987-1990 and buried in an unmarked grave.<\/li>\n
      3. Members of the armed forces reported as missing most likely had been captured by the LTTE and extra-judicially eliminated and their bodies disposed of without reference to the ICRC. <\/strong>There were some soldiers and sailors who had been captured and held in dungeon prisons whose blood was drawn to treat injured LTTE cadre which came to light when some escaped from their prison environment. Yet others may be among the deserters who have neither been captured or surrendered, possibly forming part of the underworld gangs.<\/li>\n
      4. What of the large number of Sinhala youth who were eliminated in the hunt for JVP supporters involved in the insurrection of 1989 \u2013 1990 when the UNP was in power?<\/li>\n<\/ol>\n
          \n
        1. Office of Reparations:<\/u> <\/strong>It is inadvisable to open such an office without predetermining a proper scheme of reparations for losses suffered by innocent individuals who played no part in the ongoing terrorist violence ending with the defeat of the LTTE on May 19, 2009. Is it not possible for the relevant authority that handles court awarded damages payable by the state to be responsible for such payments, without creating a new institution?<\/li>\n<\/ol>\n