INTERVIEWS

"We would like to see action within the scope of the UN resolution"

Foreign Minister Tyronne Fernando, a veteran politician and the author of many books, says it is unfortunate that the United Nations (UN) has not been able to solve the Gulf crisis. He says it is unfortunate that even the Security Council is divided on this issue. However he points out that this will not result in the UN being destablised. He says the UN has a meaningful role to play in the future. "We insisted that Iraq comply with the UN resolution in order to avoid anyone waging war against it," he explained. He further described the SLFP-JVP alliance as an "unholy alliance." He says it will not last long. The Oxford educated barrister says that the JVP is a party that led an insurrection against the SLFP in 1971, and another one against the UNP in 1989. He says its Leader, Somawansa Amarasinghe has ordered his men to prepare the youth of this country for another insurrection. "How is it possible for any alliance with such a party?" he questioned. He said the pact between these two parties will not work out because President Kumaratunga herself is interested in the peace process and a federal solution to the ethnic crisis. "In my view this alliance will never last. Anura Bandaranaike is trying to capture power by ousting both Chandrika and Mahinda," he told The Sunday Leader in an interview.

Following are excerpts;

By Wilson Gnanadass

Q: The US led allied forces have disregarded UN resolutions and  begun bombing Iraq. As a person  planning to contest the UN secretary general's post, how do you view this violation?

A: It is unfortunate that the UN has not been able to solve this problem and that the Secutity Council is divided on it. Sri Lanka insisted that Iraq should comply with the UN resolution and not leave room for anyone to wage war. I must point out this is not the first time that this has happened. President Clinton went into Kosovo before a possbile Russian veto.

Q: The UN today stands as an organisation with no 'voice' especially after the US failed to honour its resolutions. What would be the fate of the UN? Is there in your view room for a virtual collapse of the UN?

A: I don't agree that the UN has been made useless. The UN has a positive role to play in the future. This may be an aberration. Here in Sri Lanka cabinet has mandated me to take the lead with other friendly countries to ensure that the UN is kept alive and has a meaningful role to play in the future.

Q: The recently concluded Non Aligned Meeting took up the position that it would oppose moves by the US to attack Iraq. Though Sri Lanka is a member of the movement, it has not stated its views on this issue independently. What is Sri Lanka's view on this?

A: We would like to see action within the scope of the United Nations' resolutions. The most important thing was for Iraq to comply fully with the UN resolution, so that no one would have an excuse to attack Iraq. I can't say anything more than this.

Q: It is claimed that the recently held SLFP-JVP led protest march against the government was a great success for the opposition. Do you think this could be a threat to the government?

A:  First of all I don't agree that this was a success for the opposition.  Anura Bandaranaike claimed that he would bring a million people to Colombo but in fact the maximum number of people who came was about 30,000. It was also dominated by the JVP. This shows that there are no strong feelings among the PA supporters particularly because their leader, the President is for the peace process. This rally was to protest against the peace process.   So it is in no way a threat to the government. 

Q: How do you view the SLFP-JVP alliance? Having been in politics for nearly 29 years  do you think this type of alliance will last long?

A: It is an unholy alliance.  The history of the JVP records that in 1971 they led an insurrection against the SLFP government, and in 1989 against the UNP government. Their Leader Somawansa Amarasinghe, when he was here during the last election, said that the youth should prepare for the third revolution. So the SLFP which is basically a democratic party will be in danger of being swamped by the JVP. The rank and file of the PA as well as the President will undoubtedly resist this. It appears to me that this whole exercise is engineered by Anura Bandaranaike to capture power and oust both Chandrika and Mahinda Rajapakse from the SLFP. It is not an alliance that will last long. It will be like the last pariwasa alliance.   The JVP does not believe in the peace process, nor does it believe in private sector participation. They will try to take the SLFP back into the dark ages. Anura gave  trouble to his mother and he is now trying to trouble his sister. He is demanding that the President takes over the ministries of media and defence and dissolve parliament. What type of party discipline is this?

Q: The PA is a party that originally planned to resolve the north-east crisis through a federal constitution. But they are now trying to tie up with a party like the JVP that goes against a federal system. What do you think of the mentality of the PA?

A: As I said the PA as a whole does not endorse linking up with the JVP. It is only Anura's clique. The President has come out openly for the peace process and a federal system. In fact she is arranging seminars for her MPs on the federal system. This is why I said this is not an alliance that will last. 

Q:  There is controversy about the ship that was recently blown up by the navy. In fact the LTTE political wing leader condemned the government and said this may affect the ongoing peace process. How would you respond to it?

A: According to the Ceasefire Agreement para 1.2 - "Neither party shall engage in any offensive military operation." This requires the total cessation of all military action. And para 1.3 - "The Sri Lankan armed forces shall continue to perform their legitimate task of safeguarding the sovereignty and territorial integrity of Sri Lanka without engaging in offensive operations against the LTTE." It appears to me that the action by the navy was clearly a defensive operation in terms of para 1.3. Therefore I do not think that this single incident will result in the breakdown of the peace process. After all there have been similar incidents before.   Misunderstandings can be cleared during talks. And Minister Milinda Moragoda is an expert at that. Also the Norwegians can see that there is no repetition of this nature.

Q: The Interior Minister is keen to reintroduce capital punishment. How do you, in your capacity as a President's Counsel, view this kind of punishment?

A: Everyone would be given a free vote in parliament on this matter. But ultimately the execution of the death sentence, which is already there in the Penal Code, is a matter for the President. As a crown counsel I have prosecuted in about 15 cases where the death penalty was handed down. As a defense counsel I have saved an equal number from the death penalty. My overall impression is that in order to reduce crime, what must be done is to improve the efficiency of the police in order to make sure that the people who commit crimes are arrested and taken into custody.  Imposing the death penalty alone is not going to reduce crime. A man who commits crimes will try to see that he is not detected or resort to acts like bribing the police. This may result in the wrong man being detected. After all the conviction in a criminal case depends on human testimony which is subject to expert or inexpert cross examination. History records that innocent people have been hanged for murders they never committed. Timothy Evans of England is an example. After he was killed the real murderer owned up.

Pauline De Croos is another good example. I appeared for her as an assigned counsel and she was sentenced to death, in my opinion on insufficient evidence, purely because of the prejudice caused by the death of a child. Because of my intervention in the early '70s she escaped the gallows and is now living in Australia.

A large number of people in the US handed down the death sentence have been shown to be innocent because of the latest DNA tests. The world is moving away from the death penalty. People should  understand that if they commit a crime they would be detected by the latest scientific methods and put away in jail for a long period. If the state begins killing people who are supposed to have killed others, it will brutalise society more.

Q:  Having served as the Cricket Board president what do you think of the performance of the Sri Lankan team in the World Cup this year?

A: When I was president, from 1991 to 1994, I built up a new team, which ultimately won the World Cup in 1996. Cricketers like Sanath Jayasuriya, Marvan Atapattu, Muttiah Muralitheran , Chaminda Vaas and Romesh Kaluwitharana all came into the side during this  time.  In my book Kings Of Cricket, I have mentioned that by the year 2000, we should have had many new faces. I am sorry that by the year 2003, we have not built up new talent.  This is always demoralising for a new team. It is time we built up a new team with new leadership for the 2006 World Cup. The Cricket Board should also be de-politicised. Governments can't administer cricket.  When both Gamini  Dissana- yake and I were the presidents of the Cricket Board the government did not interfere. The sports minister  did not interfere.  We as politicians used our influence to improve cricket. For example in 1991 when I took over the Cricket Board there was only five million rupees in the coffers. I was able to raise Rs. 17 million from the private sector to finance tours here by the test playing count- ries.  There was no political interfer- ence whatsoever as evidenced by the fact that during my presidency, Arjuna Ranatunga was made captain of the team replacing Aravinda De Silva.

Q: Are you still optimistic about being elected as the next secretary general of the United Nations?

A: It is Asia's turn in 2007. We should not miss it this time.  I have said I am available.

Q: The UNF government has been in office for more than one year but has not taken control of the spiraling cost of living. This prompts people to join the opposition although there is peace in the country.

A: When we took over, there was negative growth in the country. In other words there was recession. Recession brings about unempl- oyment and rising inflation.  But after a year in power and with the peace process taking place the rate of growth has gone up to three per cent and is expected to go up to five percent this year. With the increase in growth of the economy there should be more jobs. The answer to the cost of living in a market economy is not to control prices, but to increase opportunities to earn money to meet the cost of living.  We can expect, with the efficiency shown by the UNF government, greater benefits to the people over the next few years.