Funding Kumar's existence and employing the underworld

Security Consultant cautions Kumar on 
employing dubious characters

Revelation that Kumar hired members of PRRA

Pays himself millions of rupees illegally

Editor bribed with Rs 30,000  monthly for space in newspaper

By Sonali Samarasinghe

Dr. Kumar Rupesinghe is a man who has been much reviled by the nationalists and often censured by the Marxists. Wherever he goes conflict seems to follow him and the people he co-opts to work for him. Is Rupesinghe just a victim of vile and insidious extremists or is he himself a man dabbling in politics for personal gain?

An investigation by The Sunday Leader has unearthed shocking details of abuse of funds and illegal payments not to mention the employment of dubious characters linked to the underworld. 

Amidst calls from various sectors for greater accountability and the monitoring of NGOs, the investigation by The Sunday Leader now reveals there is perhaps more to the affable NGO maestro than immediately meets the eye. 

The JVP and the Patriotic National Movement (PNM) have been sharply critical of NGOs in general and the Foundation for Co-Existence(FCE) in particular. The JVP's anti-globalisation, anti NGO stand has found a certain resonance among thousands of rural and urban poor marginalised by World Bank and IMF economic restructuring policies.

With tsunami victims still living in makeshift camps despite the outpouring of aid following the disaster, anti corruption agencies like Transparency International have set up special centres to record allegations and complaints dealing with corruption related to tsunami funding.

Peace vultures    

Both the JVP and the JHU have repeatedly slammed peace vultures and certain NGOs engaged in 'conflict' resolution who thrive on war and exploit the volatility for personal gain, occasionally holding a seminar or writing a report paying large sums of donor funds to those within the loop to justify their existence.

It is in this scenario no sooner than Dr Kumar Rupesinghe came under criticism by the JVP that he attempted to project himself particularly to the vernacular audience in the media in various ways. To this end he tapped the editor of the Sunday edition of a widely circulated Sinhala daily and he was given space to write a weekly column under his own name.

Rupesinghe, violating all rules of ethics now proceeded to pay this editor a monthly remuneration of Rs. 30,000 for the space. Firstly newspaper editors cannot sell space to writers. Space can be sold as advertising space or advertorials but then the money must be paid to the newspaper, not privately to its editor who is a salaried employee.

Rupesinghe also knew he was doing something illegal as he insisted this editor should be paid only in cash so that there would be no clear record of the transaction. This newspaper has it on good authority that on one occasion his accounts department had mistakenly written a cheque for Rs 30,000 and had immediately earned the wrath of Rupesinghe who threw a fit and had the cheque cancelled and payment made in cash.

Dr. Rupesinghe admitted he had paid these monies to the editor of the Sinhala newspaper but said that once The Sunday Leader pointed out it was unethical he had discontinued this payment.  

'Revival' tactic

While we think that such men of academia and stature should not wait until journalists point out their unethical behaviour, at least one other Sinhala newspaper was funded by Rupesinghe. When The Sunday Leader inquired if it was part of the objects of his foundation to fund newspaper groups and whether he thought NGOs should fund newspapers, Rupesinghe replied it was done as part of an effort together with other institutions to revive this particular newspaper and that advertisements were to be given as payment.

Q: Were advertisements in fact given by this newspaper?

A: I think they have. I didn't check But I'm sure they have.

Asked if he were not answerable to his donors to find out, he said narrative accounts had stated this newspaper was funded by the FCE and they had no problem with it.

Meanwhile it has to be said that given the colossal amount of funds that pour into these NGOs and if these organisations are so cavalier in their accounting  methods and their accountability and rely only on ball park figures that is indeed a recipe for possible wastage and corruption.

It is in this backdrop then that The Sunday Leader found through its investigation that Rupesinghe had paid himself moneys amounting to millions including his house rent and children's  school fees from funds given by donors despite the fact rigid provisions contained in the Memorandum & Articles of Association made it illegal to do so.

Rupesinghe who is the founder of the FCE blamed the lawyers for this anomaly stating the members of the foundation were not properly informed of the legal implications and the Memorandum and Articles were recently changed when the anomaly was brought to his notice.

Not finalised  

However Management Consultant FCE, Nalin Jayasuriya said the Memorandum and Articles had been handed over to the Company Registrar approximately in November or December last year by the lawyers but had not yet been finalised. A fact also admitted by Rupesinghe.

Interestingly enough the foundation came into existence in 2002 and was incorporated as a company on November 11, 2002. When asked if restitution had been made and Rupesinghe had returned the colossal amount of moneys he had illegally paid to himself since 2002, Rupesinghe replied he had not. The board he said had approved these payments and the donors were informed. 

'Donors aware'   

He also told The Sunday Leader the donors were well aware he was being paid a salary computed at expatriate rates since the FCE came into existence. Mind you this is despite the fact that the payments had been illegally made for over four years before Rupesinghe decided to attempt a change in the Memorandum and Articles of Association to whitewash the payment. Even if the revised memorandum is finally registered (even though admittedly it is not as yet so) its provisions cannot have retrospective effect and given the huge payments already raked in by Rupesinghe the FCE remains a whited sepulchre.

The Memorandum of Association of the Foundation states as its objects: 

To research into the causes of conflict and war in the region, (2) to promote peace and coexistence in South Asian societies, (3) to support and build programmes to support the peace process in Sri Lanka, (4) to establish programmes for interactive learning and education for coexistence, (5) to provide consultancy services for conflict resolution, (6) to establish peace education and training centres for conflict resolution, (7) to work in peace building programmes in war torn regions, (8) to provide information services for the cause of peace.

The provisions of the Memorandum at 4 and 5 state :

"4. The income and the property of the Foundation, whatsoever derived shall be applied solely towards the promotion of the objects of the foundation as set forth in this Memorandum of Association, and no portion thereof shall be paid to or transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of profit to the members of the Foundation.

..no member of the council of management or of any other governing body of the Foundation shall be appointed to any salaried office of the Foundation or any office of the Foundation paid by fees, and that no remuneration or other  money or money's worth shall be given by the foundation to any member of such council or governing body, except repayment of out-of-pocket expenses and interest at the aforesaid on money lent or reasonable and proper rent for premises demised or let to the Foundation;..." 

"5. No addition, alteration or amendment shall be made to or in the provisions contained in the articles of association for the time being in force of the Foundation, unless the same shall have been previously submitted to and approved by the Registrar of Companies."

What is even more important and is in fact an indictment on the CFE is provision No. 6 which states 'The fourth and fifth clauses of the Memorandum of Association contain conditions on which license is granted by the Registrar of Companies to the Foundation pursuant to Section 21 of the Companies Act No. 17 of 1982"

Expatriate salary

Nalin Jayasuriya, at the management consultant of FCE and a director of the Foundation since April 8, 2005 told The Sunday Leader that he pointed out the anomaly about one and a half to two years ago to Dr Kumar Rupesinghe. Jayasuriya told this newspaper that he inquired from Rupesinghe how the funds to pay his salary were being raised and whether it was drawn from project funds. Jayasuriya said Rupesinghe told him he was paid on the basis of expatriates by the donor and the donor was paying his salary separately knowing that it is was a salary and therefore it was not taken out of the funds given for projects.

When it was pointed out to Jayasuriya by this newspaper that in fact no member of the council or board can be appointed to a salaried office according to the memorandum, Jayasuriya said that when he looked carefully at the memorandum he realised it was wrong and suggested Rupesinghe gets out of the board.

Jayasuriya said Rupesinghe is to be appointed CEO of the foundation according to the new memorandum which is yet to be finalised.

Q: But he was drawing this salary and other remuneration since 2002. According to you the new memorandum has still to be finalised, has he then paid back the millions he collected since 2002?

A: Not to my knowledge

Q: In any case the new memorandum cannot have retrospective effect?

A: That is correct. He has taken it as a salary payable by the donor

Q: But he is not entitled to have a salary?

A: You are right. According to the first memorandum, directors cannot draw a salary. 

Be that as it may, Dr. Kumar Rupesinghe was still a director according to the Form 48 of October 18, 2006 and by his own admission will only cease to be a director and instead be appointed CEO as he claims only if and when the Registrar of Companies accepts the new amendments to the memorandum and in fact registers the same.

In 2002 when the company was incorporated he in fact, was a member of the council of management together with Bradman Weerakoon, Prof. Jayadeva Uyangoda and Desmond Fernando President's Counsel. All three have since resigned. A man known to play the political field, he also had in his board members who were linked to the powerful politicos from various parties. It is for this same reason that he also had as a subscriber to the foundation Sunimal Fernando, an advisor to President Mahinda Rajapakse. 

Rupesinghe was also appointed the first chairman of the council of  management and was entitled to hold such office during his lifetime.

Dr Rupesinghe told The Sunday Leader that each donor requires an audit. 

Q: But you contravened the memorandum and paid yourself millions of rupees?

A: We have now changed the constitution and I am no longer the chair, I am the CEO therefore I report to the board,I'm not a member of the board. 

Berghof says

Be that as it may, Berghof Foundation for Conflict Studies in Sri Lanka is one of FCE's numerous donors. When contacted by The Sunday Leader Head,  Berghof  foundation Dr. Norbert Ropers said his Foundation does not provide institutional support but is a project based donor. He confirmed that two projects have been completed together with his foundation, both of which were internally audited to the donor's satisfaction. He also stated that Dr. Kumar Rupesinghe has an impressive profile and reputation and donors usually do not have problems in dealing with him.

Asked if he knew that Rupesinghe was being paid a salary in contravention of FCE's own Memorendum of Association, Ropers said as they were project based donors they would not go into the internal workings of an organisation.

Perhaps it is Rupesinghe's very profile that should make him that much more aware of the immense responsibility he owes the stakeholders in his NGO. Both the donors and the beneficiaries. Certainly it is because of Rupesinghe's reputation that he must put his house in order first.

He has admitted to taking millions as salary, school fees for his children and rent payments. He has admitted to The Sunday Leader this was a mistake'. Yet he does nothing to remedy this mistake. Can a minister in Government for example take millions of rupees for his personal use and when caught say it was a mistake and continue merrily?

But it was not only in the matter of accounting that Rupesinghe seemed to have blundered badly. As the front runner in the National Anti War Front, as the head of the FCE that dedicates itself to promote co existence through human security, Rupesinghe also stands accused of hiring with or without his knowledge members of the underworld as security personnel. One such person was Keerthi Ratnayake apparently recommended to Rupesinghe by a close associate of his.

On October 27, 2006 his own security consultant Gaya Pathikirikorale a retired DIG, was to write him a harsh note having like Mangala Samaraweera failed to make any headway with oral representations.

Underworld

"I am addressing this memo to you consequent to our meeting of 23 Oct and 25 Oct where you briefed me of your new Action Plan pertaining to your security." He goes on to say that Rupesinghe had hired one Keerthi Ratnayake an ex air force officer whom 'you have employed as the coordinator policy programmes (A new post created by you) wef 25 September 06.'

Pathikirikorale states that Ratnayake has a dubious record and then makes a very damning statement. "Further at the meeting of the 25th where again KR was present, you found fault with him for mishandling your security at Kandy, and stated that you had hired a team of ex soldiers who were members of a one time clandestine organization named PRRA which had operated during the height of the JVP insurrection of 88-93 period and that they in future would meet "fire with fire" and that nobody would be permitted to disrupt your future programmes in any manner. You also stated that one Sunil would be the head of this team and that they would be attached to the National Anti War Front (NAWF) office. You wanted KR to coordinate his work with this team under my guidance."

Dr Rupesinghe said he had interviewed Ratnayake who knew his past wasn't good enough but had wanted a second chance to rectify himself. 

Vulnerable

Rupesinghe told The Sunday Leader these were not underworld characters   or members of PRRA. He said the National Anti War Front was under continuous threat. "As we are vulnerable and our lives are at risk we wanted a person to be in charge of our security."

Rupesinghe also said he did not think Sunil mentioned in the letter was an underworld character but a businessman.

Pathikirikorale however warns Rupesinghe of employing such characters and also states " I am extremely unhappy with this action plan of yours. Sooner or later this is bound to tarnish the good name the FCE earned over the years. If you think that there is a threat to your life, you should promptly bring this to the notice of the IGP and solicit his assistance to protect yourself rather that resort to extra judicial tactics."

If this isn't an indictment of Rupesinghe in itself there is more.

Pathikirikorale now says, "since President Rajapakse is a close friend of yours I don't think there would be any difficulty for you to seek his help."

Pathikirikorale confirmed to The Sunday Leader he in fact wrote the note after making his own inquiries and added he had no personal knowledge whether the IGP was informed nor whether Rupesinghe knew Rajapakse, but that Rupesinghe always said he was very well known to Rajapakse.

Background check

Meanwhile just days before Pathikirikorale wrote this letter to Rupesinghe a ten point note was also submitted to Rupesinghe by the FCE's Director Administration Hema Dias.

Rupesinghe confirmed to The Sunday Leader that he asked Dias to go through Ratnayake's record and basically find out his background.

The note on Keerthi Ratnayake revealed he was an ex SLAF officer who had been hired directly by Rupesinghe in September 2006 to the FCE. The note allegedly associated him to such underworld characters as Ata Indika, Thara Ajith and Moratu Saman. Also according to the note Dias prepared, Ratnayake had allegedly admitted to helping the underworld with about 60% of their ammunition needs and has been extremely close to a top politician.

Rupesinghe told The Sunday Leader he had had a meeting with both Dias and Pathikirikorale and had heeded the advise given to him by his security consultant and terminated the services of Ratnayake two or three months ago.

That however is only for the record with Ratnayake still being paid in an unofficial capacity for services rendered. Rupesinghe however says the man was paid compensation and his services discontinued. That is another first given the charges against Ratnayake

No doubt there is a lot of good work done by the Foundation for Co-Existence when it comes to conflict resolution but all that is reduced to zilch when Rupesinghe dabbles in politics and carries on in this cavalier fashion and misuses the monies given by the donors for a worthy cause.

It is such actions by the likes of Rupesinghe that give NGOs a bad name and earns them the wrath of the Wimal Weerawansas of this world with labels such as Dollar Kakkas.

Mangala strikes back

Former Minister Mangala Samaraweera has in a devastating letter to President Mahinda Rajapakse not only highlighted the growing corruption in government and human rights violations but also the involvement of the President's family members in acts of impropriety. Following is the full letter. 

Mangala Samaraweera M.P.
B20, Stanmore Crescent
Colombo 07.
14 February 2007 

Your Excellency,

HE President Mahinda Rajapakse 
President's Palace
Colombo 01. 

Re. Allegations leading to the Removal of Ministerial Portfolio

Under the executive powers vested in you as the President, three Ministers, including me, were removed from our respective ministerial portfolios with immediate effect on 9 February 2007. I was informed of this fact while I was on an overseas visit to Singapore. I was not surprised by this decision as I view it as the culmination of certain events that occurred during the past few months.

After our ministerial portfolios were taken away, the Executive Committee of the Sri Lanka Freedom Party was convened via telephone on your instructions. The internal discussions you had regarding the inner workings of the party were given immense publicity through the state controlled Rupavahini and ITN television networks, Sri Lanka Broadcasting Corporation, Lakhanda Broadcasting Service and the Lake House Newspaper Group. These events were rebroadcast repeatedly. Additionally, the text and other details of the discussions were made available to other media outlets through your Media and Publicity Division.

As the leader of the Sri Lanka Freedom Party, I never expected that you would make public the internal discussions of the party. I strongly believe that the internal affairs of the party should be kept within the party. Conflicts should be resolved internally and not be publicised in a manner where opponents could exploit them. Furthermore, the harsh criticism you directed at us during your state visit to the Maldives was also given much publicity in the media.

I do have legal recourse to these allegations. However, I choose to use my Right to Respond, which is available to me through our constitution and through norms of civil society, to submit this letter to you.

The entire country is shocked by your incensed decision but I am not. Although I worked tirelessly to ensure your victory at the polls, in the past few months I have noticed a growing sense of mistrust and anger towards me as well as a concerted effort to marginalise me. Though I worked with great trust in you, it seemed clear to me that you bore a grudge against me for our previous political disagreements.

I have many examples of such disagreements, but choose to mention only a few at this point.

I. It has always been a tradition of our government for the Minister of Foreign Affairs to be a member of the Security Council and attend its meetings. Informing and justifying the decisions taken by the Security Council to the international community has always been a part of the Foreign Minister's job. Under your Presidency, I was not made a member of the Security Council, but I continuously risked my life in our fight against the LTTE. During my tenure as the Foreign Minister, The LTTE was proscribed in Canada and the European Union. Additionally, I was responsible for coordinating our struggle against terrorism with India and the United States. I was responsible for coordinating and expediting the Government's efforts to procure weapons from other countries. I performed all these duties successfully. The fact that I wasn't part of the Security Council was a source of amazement for other members of the Security Council and they have even informed your Excellency regarding this fact. Whenever they voiced their concerns about me not being present at the Security Council meetings, you informed them that I would be asked to attend future meetings. However, I was never asked to attend a Security Council meeting. Several members of the Security Council have informed me that I was not invited to any meetings due to the influence of your brother Mr. Gotabhaya Rajapakse.

II. I have always understood that power is a necessary tool for a politician to perform his job. For this reason, I helped create governments and overturn governments. I pursued political power in order to serve the people. By using this power, I rebuilt Matara. I provided employment for many young men and women. I don't have any aspersions to build a dynasty because I am the last of the Samaraweera family. Therefore, I consider the poor, downtrodden people of this country my sons and daughters; my brothers and sisters. Nothing pleases me more than the smile on the face of an unemployed young man or woman when they obtain a job. Though we never had enough jobs to match the demand, I have provided thousands of jobs during my tenure as a minister. Likewise, all my deputy ministers, other members of parliament from our party and children of employees were all provided with jobs under guidance.

However, a few months ago, due to malicious lies spread by some of your confidants with vested interests, you stopped all hiring at the Port under a Presidential order. This decision shocked me and I saw it as a move you or those around you to destabilise me politically.

III. Upon assuming duties as the Minister of Ports & Aviation, under your directions, I made arrangements to appoint a great number of people close to you for senior positions at various organisations under the Ministry of Ports and Aviation. Some of the people who obtained these positions of power have abused your trust by creating dissent at these organisations and conspired to work against me. I informed you on several occasions regarding such activities.

I wish to bring to your attention one such example. Upon your recommendation, I appointed a close associate of your brother Mr. Gotabhaya Rajapakse as the Vice Chairman of an organisation under my Ministry. This person was completely unaware of the prevailing political climate of the country and the rules governing the management of this organisation. The only qualifications he had were that he was a close associate of Mr. Gotabhaya Rajapakse and was a fellow resident of the United States. When this person began to abuse your trust and create dissent within the organisation, I had to call a board meeting to resolve matters. At this meeting, in front of the Secretary to the Ministry and other board members, this person verbally abused me and behaved in a very inappropriate manner.

I have been a cabinet minister for many years but I had never been subject to such behaviour. While behaving in an abusive manner, he let it be known that he had the support of your brother Mr. Gotabhaya Rajapakse. When I complained to you regarding this incident, you promised to remove him from his position and avoided discussing the matter any further.

I had also complained about this officer to Presidential Secretary Mr. Lalith Weeratunge who informed me several times, that steps would be taken to immediately remove this person from his position. Although, as the minister responsible for this organisation, I had complete authority to dismiss this person, since he was appointed on your recommendation, I had to tolerate his behaviour and not dismiss him in order to protect your reputation and not create unnecessary problems. The man you promised to dismiss has now been appointed by you as the chairman of this organisation. This incident was a clear indication of your regard, or the lack thereof, for me.

There is a similar situation at the Sri Lanka Ports Authority. A senior officer appointed by you has been abusing your trust and created many problems that have destabilised the entire organisation. I believe that you have used these officers to sabotage my Ministry and to destabilise me.

IV. During my tenure as the Minister of Foreign Affairs, I managed to accomplish a great deal. Due to our successful efforts to isolate the LTTE internationally, I became a prime target of the LTTE. I have been continuously informed of this fact by the national intelligence agencies.

As you well know, a large number of LTTE terrorists who were gathering intelligence to make attempts on my life have been arrested. When even your coordinating secretaries have been provided with heavy security, it is indeed disheartening to see that you have shown no concern or interest regarding my security. In order to strengthen my security, I had to finally resort to asking for help from your brother Mr. Basil Rajapakse and your coordinating secretary Mr. Sajin Vass Gunawardene. Even at such a late stage, they made arrangements to provide me with a bulletproof vehicle and increase my security. I wish to thank them for their assistance.

These are but a mere few examples. Under such circumstances wouldn't it be natural for me to think that you have been trying to marginalise me ever since assuming high office?

Be that as it may, I was flabbergasted when you informed the executive committee of the Sri Lanka Freedom Party that you may consider reappointing me to my ministry if I correct whatever wrongs I have done. I believe it is my duty not only to inform members of the SLFP but to the people of Sri Lanka that you have misled them with unjust allegations against me. Therefore, I intend to answer every major allegation you have made against me.

01. Having worked against the Palestinian cause?

You have accused me that the Permanent Representative of Sri Lanka to the United Nations was absent and did not vote when 158 countries voted with Palestine. This was a special resolution brought to the UN by the Palestinian Authority against Israel for its abuses of the Palestinian people. United States and several other countries were campaigning against this resolution. As the Foreign Minister, it was a great challenge for me to decide how we should use our vote.

On the one hand, I am fully aware that we should not abandon the cause of the Palestinian people who have maintained close ties with Sri Lanka since Mrs. Bandaranaike's reign. I too identify closely with the Arab cause. As a matter of fact, most of my private travels have been to Arab countries. On the other hand, Sri Lanka cannot afford to antagonise America, an ally who has helped us in our struggle against terrorism, not only in words but also in deed.

Having held lengthy discussions with Foreign Ministry officials, we reached a decision. Sri Lanka is the President of the Israel Practice Committee (IPC), which investigates abuses committed by Israel against the Palestinians. I was of the opinion that it would be more productive for Sri Lanka to protect its integrity and impartiality in the IPC. Therefore, on the vote held on 17 November 2006, Sri Lanka, as Chairman of the IPC, was not present at the vote. It should be noted that at the Third Special Session of the Human Rights Council on 15 November, Sri Lanka voted in favour of Palestine.

On 29 November 2007, the Foreign Minister of the Palestinian Authority, Dr. Mahmud Al Zaher, sent me a letter expressing the Palestinian Government's gratitude for the way Sri Lanka conducted itself at the vote. (I have attached a copy of the letter for Your 'Excellency's perusal). Furthermore, two days after the vote, US Under Secretary of State Nicholas Burns telephoned me. The decision taken by us regarding the vote went a long way in building trust and strengthening US-Sri Lanka ties. Few days afterwards, at the Co-Chairs Meeting in Washington DC, Nicholas Burns expressed America's fullest support to the Government of Sri Lanka in defeating the menace of LTTE terrorism. After the meeting he also held a press conference that was very encouraging to the government and the people of Sri Lanka.

It is a victory when we can win the goodwill and trust of both parties in such a complex international dispute. As the President, you should be proud of the performance of your Foreign Minister in achieving such a result. You should be praising the Foreign Ministry since this was an international victory. We should be proud that a developing country like Sri Lanka, while facing a myriad of challenges, possesses such a pragmatic and effective foreign policy.

It is very disappointing that one of the primary reasons you gave for my ouster from the cabinet did not have any negative effect on the Government of Palestine.

02. Boycotting emergency rule vote

You have also alleged that my boycott of the Emergency Rule vote as yet another reason for my dismissal. On the date when the debate on the emergency law was being held, you had convened a meeting at Temple Trees at 2.30 pm to discuss the launch of the 1,000 Houses Project initiated under the Ministry of Finance and Planning. This meeting was called under a letter sent by you on 06 February 2007.

When I was the Minister of Urban development, we launched a project to develop Beira Lake and to provide housing for low income earners. Upon reassuming duties at the Ministry of Ports & Aviation, we launched a project to develop the Beira Lake under the sponsorship of the Sri Lanka Ports Authority. Along with the Beira Development Project, steps were taken to develop plots of land adjacent to the lake that were owned by the Ports Authority. Therefore, I was most keen to attend this meeting. In order to attend this meeting, I left parliament in the afternoon of that date.

You had also written a letter to Ports Development Minister Sripathi Sooriyarachchi that he too attend this meeting. When I arrived at your meeting, Minister Sooriyarachchi informed me that the meeting was going to be delayed. Therefore, we both remained at the Ministry of Ports until we received notice that you were ready to start the meeting. However, at around 3.30 pm, we were informed that you would not be attending the meeting. At this point I went back to parliament but due to traffic congestion, I was unable to reach parliament in time.

The Chief Government Administrative Officer Mr. Wanniarachchi had forwarded a list of those who had not voted to the Presidential Secretariat. As you are well aware, this list indicated that in addition to the three Ministers who were dismissed, there were 23 other ministers and members of  parliament who did not participate in the emergency rule debate. The entire country is unaware of this fact. On that date, there were 122 votes in favour of emergency law while 17 members of the TNA voted against it. Once you deduct the remaining five MPs of the TNA and the Speaker of the House, there were 80 MPs, including a large number of  ministers, who did not vote. Therefore, accusing me of boycotting the emergency debate does not hold water. How can you justify the dismissal of only three ministers? I need not remind you that I have been a responsible member of  parliament for 17 years as well as a cabinet minister for 11 years. If you look at my voting record at all previous emergency debates, you would see that I have always voted with the government on every occasion, if I were present in the country.

03. Conspiring to overthrow the government due to loss of position and privileges.

You have alleged and furnished information to the Executive Committee of the party that I conspired to overthrow the government due to loss of position and privileges. I have offered my ministerial portfolios in order to protect the government. Thus, nobody in the SLFP will ever believe such charges against me. When the People's Alliance was in danger of collapsing in 2001, we formed a coalition government with the JVP. Because we had to limit the cabinet to 20 ministers at that time, I gave back my portfolio in order to protect the government. Similarly, during a dangerous period when even your candidacy for president was at risk, I relinquished my portfolio as Minister of Media, in order to run your election campaign. The fact that I do not engage in politics for positions of power and prestige or personal gain is something that every member of the SLFP is aware of.

Despite working tirelessly and successfully as your campaign manager during the last presidential election, I never requested you to be appointed as the Prime Minister. Though I had the necessary qualifications, I never asked you for any position and you had praised me for it in the past, a fact which I still remember. I have never worked against the government for the sake of position or privileges. While within the government, I have never criticised the government in public. I have never leaked cabinet secrets or confidential documents to the media to embarrass the government. I have not created divisive groups within the government of the party and nor do I intend to do so. This is not my political philosophy. Therefore, accusing me of conspiring to overthrow the government is something no intelligent person would ever seriously consider.

04. Indirectly helping the LTTE.

The LTTE was banned in Canada and the European Union, which has 25 member countries, during my tenure as the Foreign Minister. Furthermore, you are well aware of the problems that sprang up when we were taking steps to get the LTTE banned in Australia.

When I was the Foreign Minister, I urgently requested you and Secretary of Defense Mr. Gotabhaya Rajapakse that until individual countries within the European Union legislates laws banning the LTTE, we should take steps to avoid human rights violations, abductions, harassing the media, attacking places of worship, hospitals and schools even when we take defensive military action against the LTTE. As a true patriot, I was focused on creating a conducive environment to get the LTTE banned in 25 countries. Therefore it is indeed very disappointing when you attempt to portray me as an LTTE sympathiser.

As the Minister of Foreign Affairs, I was a prime target of the LTTE. I was cautioned by the state intelligence agencies to be aware of the risks I face because of my successful campaign against the LTTE. Your inappropriate attempts to portray me as an LTTE sympathiser is nothing but a blatant attempt to justify the decision to dismiss me from my ministerial post.

I. Delays in building Hambantota Port

It was your intention to appoint a person from the Southern Province as the Minister of Ports so that the Hambantota port could be developed quickly which in turn would bring rapid development to the Southern Province. This was one of my primary goals as well. The delays in building the Hambantota port may not have pleased you but on several occasions I have privately informed you on the underlying reasons.

When the Prime Minister of China visited Sri Lanka on the invitation of former President Chandrika Bandaranaike Kumaratunga, Sri Lanka Ports Authority signed a Memorandum of Understanding with a Chinese company to build an oil bunkering facility. However, once you became the President, you instructed that Hambantota should be developed into a more comprehensive port. We called for business proposals for this purpose.

In February 2006, a Chinese company had submitted a business proposal to the Ministry. While we were busy analysing this report, your brother, Mr. Basil Rajapakse submitted to me another proposal submitted by a different Chinese company. In addition, another close relative of yours also submitted a similar proposal. You are well aware of the problems this created and it took quite a long time to resolve this dispute. Finally, as per your instructions, I made arrangements to award the construction of the Hambantota port to a joint venture between the two Chinese companies.

Sri Lanka Ports Authority and the Chinese joint venture company signed an MOU to prepare a comprehensive feasibility study. When you travel to China at the end of this month to celebrate 50 years of diplomatic relations between the two countries, all arrangements have been made by the Ministry of Ports for you to sign the contract with the Chinese joint venture company.

I do not know whether the problems that your relatives and associates faced in winning the Hambantota port development project was also a factor in my dismissal.

II. Mihin Air Deal

Your Coordinating Secretary Mr. Sajin Vass Gunawardene was very keen to launch Mihin Air budget airline on Independence day, 4 Februrary 2007. He is the Managing Director of this airline. Though his request was reasonable, I advised you that it would be politically harmful to your reputation if you were to circumvent administrative and financial rules and regulations in an attempt to speed up the approval process. Once I explained my reasons, you too agreed with me. In order to expedite the process, you sent a cabinet paper for my signature a few hours before it was due to be tabled. In order to avoid a confrontational situation with you, I signed the cabinet paper against my conscience. Rushing through the approval of a project that requires comprehensive analysis and a feasibility study and the use of funds from the Employers Provident Fund to start such a business are two things that I did not condone.

Furthermore, many Ministers complained to me about the fact that no copies of this particular cabinet paper were made available to the Ministers. Though Mr. Sajin Vass Gunawardene was annoyed at me and other Ministry officials for the delays in getting the project approved, I had explained to you the true picture of such a project. Additionally, at one cabinet meeting, you indirectly accused me of ordering the tearing down of Mihin Air advertising billboards. However, subsequent investigations indicated that no such acts of vandalism had taken place. Even now Mr. Sajin Vass Gunawardene is actively engaged in efforts to launch Mihin Air. As I was a hindrance to his attempts to circumvent the law in order to get approval for Mihin Air, I believe that too was a factor in my dismissal. In the recent cabinet reshuffle, the fact that Mihin Air was taken away from the Ministry of Aviation and brought under your control under the Gazette notification of 29.01.2007 is confirmation of my suspicions.

III. Written notification of internal issues

Your Excellency,

I have proved my loyalty to the Sri Lanka Freedom Party not only through words but also through deeds. Every SLFP supporter is well aware that I have worked tirelessly to build SLFP governments and bring down UNP governments. Therefore, it is our primary duty and obligation to protect the SLFP and our government. On numerous occasions, I have tried to discuss with you about attempts to bring down or destabilise the government. Though you are a sensitive politician with decades of political experience, you never had time to discuss these matters with me. On many occasions, your actions were the complete opposite to what you said.

On many occasions, when we come to meet you to discuss matters of importance, after a couple of minutes of conversation, you would state that you would make a decision after talking to your brothers Mr. Basil Rajapakse and Mr. Gotabhaya Rajapakse, and walk away. I take this as an indication that you were not interested in discussing matters with me. During the last presidential election, having worked closely with Mr. Basil Rajapakse, it was my impression that he was a very astute political dealmaker yet the fact that you gave him the authority to make decisions on behalf of the party and the government was a great source of consternation to many party members. You are our political leader but ministers and members of parliament from our own party are obstructed from speaking to you regarding their problems. Since you were not interested in hearing our concerns, I began to send you letters expressing my concerns. However, my intention in writing these letters was not to insult you but to inform you. Even during President Kumaratunga's era, I had written to her regarding matters of importance.

In order to obtain the support of the international community against the LTTE, I wrote to you that the government should take steps to clear its name against charges of human rights abuses. I even brought to your attention the fact that Sri Lanka is showing signs of being isolated internationally and advised you on how to formulate the foreign policy of Sri Lanka in one of my recent letters.

IV. Problems regarding astrologers.

I am well aware that you are a great believer in astrology, talismans and the occult. It seems that several others, who know of this as well, have been insinuating that I am a grave threat to you as I too have a strong horoscope. I am completely unaware of what my horoscope states and do not have any faith in it. I wonder if the lies spread by these conspirators to gain your trust have also been instrumental in me being dismissed last week.

V. Phobia of Chandrika

I am fully aware that you have been acting in an agitated manner from the time the former President arrived in Sri Lanka. We should give her credit because we were able to come in to power after 17 years. President Kumaratunga was the leader who united a party split by bitter infighting and brought it back to power after 17 years in the political wilderness.

On numerous occasions I have informed you that the close friendship I have with her is not detrimental to you. Today she is not involved in politics. Therefore, there is no political danger to you from her.

However, there are certain parties with vested interests who are trying to create problems for me by highlighting my friendship with her. I will never forget the strength she gave me politically and perhaps her friendship with me might be another reason for my dismissal.

VI. Maubima Newspaper:

Many people claim that there is some sort of a connection between Maubima newspaper and me. Apart from the fact that Maubima publisher was the head of Colombo airport, which is under my Ministry, and my Coordinating Secretary works as an editor at Maubima and my sister worked at Maubima's sister paper, the Weekend Standard, I don't have any connection to Maubima. Even prior to this, several interested parties have attempted to create a connection between Maubima and me in order to discredit me in your eyes. This is a completely baseless allegation.

I wish to remind you a few things about Standard Newspapers (Pvt.) Limited, the company that publishes Maubima because I would be remiss in my duty if I didn't. As your campaign manager at the last presidential election, I had to face great many obstacles. We saw there was an urgent need for a newspaper that would appeal to the English speaking middle class of Sri Lanka. I asked my friend Tiran Alles, the chairman of the Colombo Airport Authority and Aviation Services to start an English newspaper. He accepted this challenge without any benefit to him and managed to publish four editions before the presidential election.

Nobody should forget the fact that he printed 50,000 copies of the newspaper and distributed it free of charge was a significant factor in ensuring your victory at the polls. My sister was the Coordinator of this newspaper and she resigned from the company after the election.

After the presidential election, the company launched Maubima as an independent newspaper without any partiality or bias toward anybody. Even though I don't agree with many articles that are published in the paper, I admire their efforts in being truly independent. Though some actions of the government has been criticised in the newspaper, I do not have the power to ask him to stop publishing what the editors see fit. In any case, I do not believe that journalists should be influenced in any manner.

The sole purpose of those who tell you that I have close connections to Maubima is to drive a wedge between us and to create fear in your heart about me being a threat to you.

I do not know if this too is a reason for me to be dismissed. But I completely denounce this witch hunt against a newspaper by calling it a terrorist newspaper.

Dear President Rajapakse,

According to newspaper reports, if we rectify our errors, we will be taken back into the fold of the party and offered our previous cabinet portfolios. However,

What have we done wrong?

 Was the fact that I sent you a secret letter stating the fact that some of your relatives and associates are interfering in ministers' work an offense so great to be dismissed from cabinet?

Was it wrong to make you aware that the hard earned victories of our brave soldiers are cheapened by abductions and disappearances?

 Is it wrong to propose a system to ensure human rights and media freedoms are protected?

 Is it wrong to propose ideas that would protect the party and strengthen the government?

 Therefore, if you can mention what wrongs we have committed, it would greatly help us and the people of Sri Lanka.

Whatever the case, the conspirators' next objective will be to remove us from the party. We suspect as such due to the fact they tried to deliver a mortal blow to us by asking us to correct the mistakes that were done. The harassment that began immediately after my ministerial portfolio was removed under your order was massive. An order was given to remove my security a few hours after I was dismissed. Presidential Security Division raided my home to take the bulletproof vehicle that was provided for my protection.

Upon my return to Sri Lanka, the security forces that were present at the airport behaved as if they were preparing for a major terrorist attack. Nobody except close family members was allowed to come to my home to visit me. Even Members of  parliament who came to visit me were turned away. Even the doctors who came to treat my ailing mother were not allowed to enter my home. Some of my officers' homes were raided and they were threatened. Even the security personnel from the Ports Authority who were in my home were removed. Even the telephone at the security gate and the gardening implements and lawnmower were removed under orders from the vice chairman of the Ports Authority. Even the office that served as your election publicity office was raided by armed personnel.

Today I have to face a level of harassment that I didn't have to face when the UNP came into power. When I asked a senior security officer why such action was being taken, he informed me that it was done under orders from your brother, Secretary of Defence Mr. Gotabhaya Rajapakse. I am fully aware that the situation will deteriorate further once this letter reaches your hands. I wouldn't be too surprised if I were to be abducted.

Such threats and harassment will never intimidate me. These actions will only strengthen me politically. As a person who led several campaigns since 1994 to ensure victory for the Sri Lanka Freedom Party and for our party members, I will never abandon the party. When the UNP caused the downfall of our government, I was there to ensure that we came back into power. In the future too, I will be committed to protecting the party and ensure victory.

Today the forces that were against Mahinda Chinthana have taken over the government. As the man who was the campaign manager during your presidential election, I will continue to battle with the forces that supported you to ensure that the promises made during the last election will be fulfilled.

It was reported in the media that in the speech you made to the executive committee accusing us of various misdeeds, you left the door open for us to come back. If such an invitation is extended by you personally, I will not reject it. However, I would like to point your attention to certain conditions that should be fulfilled by you in order for us to reach a successful conclusion. If these issues are not resolved, I do not believe that we would be able to come to any compromise. Therefore, in light of the political issues I had highlighted in the recent past and the present crisis, I have prepared 10 points of discussion that I would like to present to you.

01. A clearly defined action plan to address the grievances of those who ensured your victory.

After a group of dissident UNP members of parliament joined the government, there is a growing perception in SLFP supporters and among various political parties and factions who worked towards your victory that their political lives are at risk. Those who opposed you during the presidential election have now obtained positions of power and party members and supporters have been abandoned. Especially as the leader of the party, you should listen to the issues and address the grievances of loyal party workers. A mechanism to find solutions for these issues must be found and a specific day or a few hours a week should be reserved exclusively for party activists.

02. Limit the cabinet to 35 members.

Our cabinet that has become the laughing stock of the world should be reduced to a manageable level of a maximum of 35 ministers. (Please note that I am not expecting any position in this new cabinet).

2-1 An environment where ministers are able to freely perform their duties.

In the recent past, some of your relatives and close associates who also have assumed your executive powers have been interfering in the workings of several ministries that have caused immense problems amongst the ministers. Most serious of these allegations have been leveled at your brother, Mr. Basil Rajapakse. This is seriously affecting the stability of the government. Therefore, a suitable mechanism must be established to free the cabinet from the clutches of your family. An environment should be created where the cabinet, under your leadership and guidance, should be free to engage in development work.

2-2 Reassign subjects that clearly belong to each ministry

As President you oversee five ministries: the Presidential Secretariat, Ministry of Religious Affairs, Ministry of Finance and Planning, Ministry of Defence and Ministry of Nation Building. According to the 2007 budget, the combined budget of these five ministries is Rs.76,658,400 million. The entire expenditure for the country is Rs.131,942,000 million. You control 60% of the country's budget while 106 other ministers are responsible for 40% of the budget.

Not only has this caused much dissent amongst ministers but has made Sri Lanka the only country in the world where a single individual controls 60% of the country's budget.

Especially the Ministry of Nation Building has taken over Samrudhi, Rural Economic Development, Fisheries Housing, Regional Development, Rural Livelihoods and Estate Infrastructure Development that were previously functioning as separate ministries. Additionally, 22 other important ministries such as Road Development Unit, Jathika Saviya, Water and Power Supply Unit, Gama Neguma, Southern Development Authority, 10,000 Tanks and Udarata Development Authority too have been taken over.

Most ministers state that the unofficial Minister for Nation Rebuilding is Mr. Basil Rajapakse. Already he travels to every district and chairs meetings keeping even senior ministers aside. Mr. Basil Rajapakse leads Jathika Saviya and Village Awakening programmes. This has caused a great deal of dissent amongst many ministers.

Furthermore, 27 important institutes such as Telecommunication Regulatory Commission, PERC, Land Reform Commission, Military Procurement Company, 'Mihin Air' Land Reclamation and Development Corporation and Essential Services Commissioner General have also been brought under your control without even being gazetted.

Similarly, important institutions that were under the control of other ministries such as Import & Export Control Department, HDFC Bank and SME Bank have also been taken under your control.

As such, you may keep the ministries you can handle, according to your wishes, and return the other ministries to the relevant line ministers. By returning the ministries and ensuring these institutions are run well and efficiently, you will be able to provide the service to the people who don't have any recourse.

03. Re-establishment of Samurdhi Ministry.

After the recent cabinet reshuffle, Samurdhi Ministry has been made part of the Ministry of Nation Building and thus devalued.

Samurdhi Ministry which was started in 1994 under the People's Alliance Government, is now internationally recognised as the most successful political institute to alleviate poverty. During the last election, the UNP announced that they would abolish the Samurdhi Ministry. Due to this reason, even the Samurdhi recipients who were annoyed at us supported you unconditionally to ensure your victory. Therefore, Samurdhi Ministry should be re-established under your control or under another appropriate Ministry.

04. Protecting human rights and guaranteeing media freedom

I first entered parliament in 1989. When I saw the massive human rights violations that took place during this reign of terror, I joined up with you to build the Mother's Front and reestablish human rights in Sri Lanka. I think you remember very well our struggles from almost 20 years ago and as a man who tirelessly fought for human rights, you cannot allow a repeat of that terrible period in our history. It is no secret that disappearances, abduction, kidnappings and killings keep happening on a daily basis in Sri Lanka.

We have absolutely no arguments against defeating the LTTE completely. But the human rights violations that occur within the country have now become a hindrance to defeating terrorism. By becoming known as a government that violates human rights, we are allowing LTTE to build a case against us for the international community. Responding to terrorism with even more terrorism is not the act of a responsible government. Therefore, take a clear decisive path to prevent human rights violations.

As the Minister of Defence, one of your most important duties is to stop the harassment of the media under the pretext of preventing terrorism. When the media tries to expose corruption that happens under the guise of war, the government should not suppress and harass the media. There is an international perception that this government condones media harassment. This is a disturbing trend. Therefore, clear decisive moves must be made to eliminate media harassment. There should be no room to brand democratic forces and dissenting voices as LTTE sympathisers.

05. Develop friendly relations with India and the international community

Many countries with whom we had very close relations with are now distancing themselves from Sri Lanka. Even the historic friendship we had with India must be further strengthened. Our friendship with the United States, the leader in the global struggle against terrorism and the European Union, who banned the LTTE a few months ago, must become even tighter. It would be critical to find out why all European countries boycotted the Aid Forum held in Galle recently.

Soon after you assumed the Presidency, the international community had faith in your unique style as well as restraint and patience shown in the face of adversity. Unfortunately, events that followed subsequently have corroded their trust in us. This is due to the fact you have taken decisions that were diametrically opposite to what you had promised world leaders. Consider these facts and reformulate your foreign policy to benefit the country.

 06. Work towards finding a political solution to the ethnic conflict

In order to truly defeat the LTTE, a political campaign must be launched simultaneously with the ongoing military action. If we are to free innocent Tamil people from the grip of the LTTE, it is essential to offer a political solution that addresses the genuine grievances of the Tamil people. Make a clear statement that a political solution to end the armed conflict will be offered within two months.

07. Create an environment for the business community where they can conduct business in a peaceful climate

There were many reports about Tamil businessmen who were kidnapped for ransom. There are allegations that after they pay huge amounts of money as ransom, they are being asked to leave the country. I wish to point your attention to this issue.

It is important that you pay attention to the allegation by the business community that it is impossible to run any business in Sri Lanka without paying bribes and kickbacks to politicians and high officials. Obstacles like this can cause immense problems in the country and cause the economy of the country to collapse. It is therefore imperative that the business community be allowed to run their businesses without hindrance from politicians. Such an environment will also attract investment into Sri Lanka both from overseas and within the country.

08. Renew the SLFP-UNP MOU so that the government can win the support of the JVP'

The JVP, who ensured your victory by forging an alliance and forming a coalition government, has now distanced themselves from the government. There are many reasons for this. At a time when forces that were against you have joined you to maintain the government, the forces that supported you are distancing themselves from you. This is not a good sign. Create a strategy to win back the support of the JVP.

Take steps to renew the MOU for two years that was signed between the SLFP and the UNP that had the blessings of all religious leaders and intellectuals of the country.

09. Create a strategy to reduce the cost of living and stop corruption and wastage.

The people of Sri Lanka are facing serious difficulties due to the ever increasing cost of living. Inflation is at 22%. It is important to control the wastage and corruption that happens in most institutions that do not have any controls or systems in place to control corruption. Such measures will somewhat reduce the cost of living. Make arrangements to offer the relief measures outlined in Mahinda Chinthana.

10. Stop bribery, corruption and wastage.

10-1. Chairman of COPE, Mr. Wijedasa Rajapaksa, in his report accused important politicians and high officials of cheating the country out of more than Rs. 125 billion. Take steps to bring the culprits to justice expeditiously. While their cases are pending, suspend their positions.

10-2. Make whatever necessary amendments and immediately activate the anti-corruption and anti-wastage proposals forwarded by UNDP.

I did not bring these proposals forward because I desire to obtain a ministerial portfolio or any other benefits. My honest intention is to protect the party, the government and you. Should you be willing to implement these 10 proposals, I am willing to discuss matters with you at any time and continue on our journey together to ensure victory and prosperity for Sri Lanka. I respectfully request an honest answer from you regarding my proposals.

Finally, I place my life and the lives of my parliamentary colleagues, Anura Bandaranaike and Sripathi Sooriyarachchi in your hands as the Minister of Defence. Although I have been removed as the Minister of Foreign Affairs, the threat by the LTTE terrorists does not end. The ban imposed on them by the European Union, which has dire consequences for the LTTE, has earned me their enmity. As you are well aware, whether in power or out, the LTTE will always target those who they see as enemies.

Furthermore, after this letter becomes public, I will be the target of underworld gangs, kidnappers and criminals. Under such circumstances, a few hours after having been relinquished of my portfolios, you have reduced my security. Therefore, I would like to emphasise that you are entirely responsible for my life and for my protection. I would like to state that it is your duty to ensure that we do not meet with the same fate that befell Ministers Gamini Dissanayake and Lalith Athulathmudali.

Your Excellency,

Since you gave so much media coverage to the baseless allegations made against me when I was stripped of my portfolio, please be advised that I too will forward copies of this letter to the media so that the people of Sri Lanka shall be informed of what transpired.

May the Noble Triple Gem Bless You.

Mangala Samaraweera
Member of Parliament for Matara
District

Ominous signs of UN intervention

US Senators join the human rights chorus against Sri Lanka

By Sonali Samarasinghe

Just weeks before 38 Congressmen urged US President George Bush to appoint a special envoy for Sri Lanka to put an end to the rising death toll and the increase in kidnappings, three widely respected Democratic senators wrote urgent letters regarding the humanitarian crisis directly to the Mahinda Rajapakse government.

On December 14 last year Edward Kennedy better known as Ted Kennedy, the youngest brother of President John F. Kennedy and Senator Rob Kennedy, and former Democratic Presidential candidate John Kerry, wrote to the Sri Lankan Embassy in Washington urging the government to reopen key access routes for shipment of food and fuel.      

Both Kennedy and Kerry are senators for Massachusetts. Not four days later another high profile Democratic Senator Christopher J.Dodd from Connecticut was to write to former Foreign Minister Mangala Samaraweera a hard hitting letter quoting a State Department Report that revealed human rights violations by government police and the security forces including arbitrary arrests of Tamil people, unlawful detention and torture.

Both these Congressional efforts from the House of Representatives and the Senate were initiated by Democrats and reflect a change in international policy and priority from the more hard line Bush administration.

Human rights situation

Both the Senate and the House of  Representatives are  controlled by the Democrats since November last year, when the party won the congressional elections, demonstrating the fact that the American people took a dim view of the rising death toll and human rights situation in Iraq.

Both Congressional letters refer to the Allan Rock report on child conscription with the alleged assistance of the Sri Lankan security forces and the International Crisis Group report which opined that the government was continuing to restrict access along vital routes resulting in a grave humanitarian crisis.

Two Senators, Kennedy and Kerry as recently as December urged the government of Sri Lanka through a letter to Ambassador Bernard Goonetilleke in Washington 'to open sea-lanes and roads for humanitarian convoys and supplies, as recommended by the joint statement of the Co-Chairs of the Tokyo Donors' Conference (Norway, United States, European Union, and Japan) on November 21. 

It is significant that the senators refer to and endorse the Tokyo Donor Conference statement which also advocated a negotiated settlement to the conflict based on a federal solution.

What is more the letter specifically relates to the opening of the A9 route and reads, "We were encouraged by President Mahinda Rajapakse's recent decision to arrange a one time passage of a humanitarian convoy using the A9 highway although it unfortunately had to turn back because of heavy fighting. We hope that the government will be able to make such openings permanent in the future."

Important to note is that the letter also urges the government to cooperate with the peace process which in effect tantamounts to a severe indictment that the legitimate government of the country is perceived by the international community as intransigent and perverse in terms of finding a viable negotiated settlement.     

And Senator Dodd's letter to Samaraweera is even more damning. "We urge your government to consent to the monitoring of human rights abuses by the UN and international NGOs and to expedite the establishment of the International Group of Eminent Persons, mandated to observe the Presidential Commission of Inquiry's investigation into allegations of human rights violations. We will be monitoring the commission's work and hope its recommendations will be acted on," Senator Dodd states.

The letter also states, "the government must urgently consider designating certain areas as demilitarised zones to facilitate the flow of critical humanitarian aid."

Helping Karuna forces

Sen. Dodd also refers to the Human Rights Watch report that it  'has clear and compelling evidence that government forces are helping Karuna forces abduct boys. "We are encouraged," the letter adds, "by President Rajapakse's pledge to investigate these allegations when they were brought to his attention by Ambassador Rock and  your government to end this practice immediately."

The letter while stating its distress that the military has blocked the free flow of civilians out of LTTE controlled areas and impeded free access to these areas by humanitarian workers and international monitors, also endorses the call by the UN for both the government and the LTTE to cease shelling in and from civilian areas and to guarantee assistance and protection to civilians caught in the fighting.

Dodd also supports the November 21, 2006 statement of the Co- Chairs of the Tokyo Donor Conference to keep open sea lanes and roads for humanitarian supplies and urgently asks the government to consider demilitarised zones to facilitate the flow of aid.

The letter states that there is no military solution to the conflict and particularly refers to the Experts Committee Majority Report of the All Party Representative Committee to finding a political solution.

However even as the international community in one voice hailed the APRC and the MoU between the SLFP and the UNP, Rajapakse last month demolished all hopes of a southern consensus by abrogating the MoU with the swearing in of 18 UNP members of parliament as ministers into his cabinet.

The main opposition UNP has now withdrawn from the APRC even as its Chairman Prof. Tissa Vitharana last week appealed to the Opposition Leader Ranil Wickremesinghe to continue with his party's participation.

Urging the UNP not to abandon the process, Prof. Vitharana said, "I would request the members of the APRC to support me in making this request. In my view the success or failure of the MoU between the UNP and the SLFP should not be a factor in the decision to participate in the APRC, which is a forum in which the parties in parliament are coming together to prepare a document in the national interest."

Short sighted political manoeouvres

Therefore while on the one hand the need for a national consensus and the participation of the UNP in the peace process was being urged by none other than the Chairman of the APRC - Rajapakse who ironically set up the APRC himself was by his short sighted political manoeuvres destroying the very consensus he once boasted of.

In their letters the senators have in particular stressed the importance of respecting human rights whilst meeting the challenge of terrorism. Perhaps it is these international concerns that Mangala Samaraweera was referring to when he at various forums since December urged the government to investigate abductions and disappearances. It is perhaps due to these international pressures of which Samaraweera was no doubt acutely aware as Foreign Minister that he also urged the government to put in place a system to ensure that human rights and media freedom are protected.

Ironically even as new Foreign Minister Rohitha Bogollagama told foreign correspondents in India in his first overseas visit after assuming office that 'not a single civilian' had been killed during the recent military actions in the east, wide ranging reports by human rights agencies, on the spot media commentary and the UN paint a much more gory picture.

 British Minister of  State for Foreign and Commonwealth Affairs, Dr. Kim Howells who arrived in Sri Lanka last week in a statement said;

"Our experience tells us that a 'war for peace' approach inevitably means more war, rather than peace. And violence comes with too high a price. It is the people who suffer, as human rights are eroded, the humanitarian situation deteriorates and mistrust between communities increases. This, in turn, damages Sri Lanka's image in the eyes of the world."

".. if things continue as they are, the current escalation of the conflict and its impact will hold back Sri Lanka's development, corrode the quality of its democracy and tarnish its image in the international arena, the statement added. 

The letters from the US senators followed the Allan Rock findings in November 2006 and is part of an international effort to apply pressure on the Sri Lankan government to put the skids on human right violations and return to the rule of law.

Hold government accountable   

With many in this country now fearing a return to the horror era of the late '80s when Sri Lanka was perhaps not second to the massacre in Rwanda in terms of brutality, an international campaign to hold the government accountable for its actions seems to have gathered momentum.

The letter signed by 38 US legislators to President George Bush and reproduced in full last week (see The Sunday Leader of February 11.) came just nine days before the Allan Rock report was to be presented to the United Nations Security Council last Friday (9) and just two days after US Ambassador Robert Blake warned the government at the development forum in Galle on January 29, that respect for human rights and the rule of law were essential pre conditions to economic development. 

The letter to President George Bush dated January 31 was also copied to Secretary of State, Condoleezza Rice and stated, "We applaud your December 15, 2006 memorandum to the Secretary of State that instructed her to make available up to US$ 5.215 million for unexpected and urgent refugee and migration needs resulting from the conflicts in Somalia and Sri Lanka. You clearly understand that the situation in Sri Lanka in untenable and must be addressed."

That Sri Lanka was identified in the same league as Somalia was one of the saddest indictments the country has had to face under President Mahinda Rajapakse's stewardship.

It is in this backdrop that the letter to President Bush and the earlier letters to the government of Sri Lanka through the Sri Lankan Embassy in Washington and the Foreign Minister by eminent US senators  should be viewed. And it will be to the detriment of the Rajapakse regime if they do not read the writing on the wall and take steps to arrest the deteriorating human rights situation immediately.

Completes five years on February 22

Fate of CFA in the balance

By Dilrukshi Handunnetti, Arthur Wamanan and Nirmala Kannangara

Five years after the signing of a truce between the government of Sri Lanka and the Liberation Tigers of Tamil Eelam (LTTE), it has reached a point of virtual standstill.

The peaceful lull of the first two years despite the sporadic breaches was followed by a period of intensified violence making the monitoring process a difficult one.

Signed on February 22, 2002, it was an agreement that committed both the Ranil Wickremesinghe led administration and Velupillai Pirapaharan's LTTE to let the guns fall silent as a precursor to negotiated peace.

In favour of Tigers

Though criticised by certain sections as an agreement heavily tilted in favour of the Liberation Tigers, the ideal behind the agreement, which was to lay the groundwork for a lasting political solution cannot be undermined even at this stage of its virtual non-existence. 

As stated in the preamble of the Cease-fire Agreement (CFA), the overall objective of the Sri Lankan government and the Liberation Tigers was to find a negotiated solution to the ongoing ethnic conflict in Sri Lanka.

The two parties to the truce also agreed to consistently recognise the importance of bringing an end to the hostilities and improving the living conditions for all inhabitants affected by the conflict by giving expression to the CFA.

Likewise, the parties to the agreement also agreed to focus on how to bring about an end to the hostilities as a means of establishing a positive atmosphere in which further steps towards negotiations on a lasting solution can be taken.

The agreement also recognised the fact that groups that are not directly party to the conflict also suffered as a direct consequence of the continued hostilities.

Reference to Muslims

Herein, the CFA made specific  reference to the Muslim population and agreed that the provisions of the CFA with regard to civilian security as well as their property should apply to all inhabitants.

Pledging to keep the spirit of the truce alive, the parties also agreed to enter into a ceasefire, refrain from conduct that could undermine the good intentions or violate the spirit of the CFA and further, to implement confidence-building measures.

The sporadic incidents of violence escalated in mid 2006 with both parties getting locked in open combat, aiding the argument that the truce was indeed of no validity.

Yet, amidst increasing CFA violations, both parties moved towards the actual termination of the same by giving the required 14 days notice of termination. Both the government and the LTTE in word, still remain committed to the upholding of the agreement though insisting that there is no actual validity given the increasing violence.

As the CFA reaches its fifth anniversary on February 22, there is a renewed call for its abrogation by the nationalistic forces in the south, urging the prevention of the agreement being crystallised.

A group of monks have commenced a sathyagraha demanding the immediate abrogation of the CFA and putting an end to Norway's role as peace facilitator.

Increase of violence

With the increased violence in the northeast and the prevention of movement by officials of the Sri Lanka Monitoring Mission (SLMM), even the monitoring process of the truce in certain conflict-ridden areas had become impossible.

In fact both the SLMM website as well as the government website need to be updated. However, it is self explanatory that the ascendancy of President Mahinda Rajapakse led to a renewed phase of violent engagements that seriously undermined the truce.

In stark contrast to the previous three years, this single year showed a commitment to pursue a military option by the government, a position not adopted before.

"We considered the truce as a necessary step to influence positive change. The country as a whole had diverse opinions on the same. But it was necessary as a tool that would pave the way for a more solid framework to end ethnic strife," notes UNP Chairman, Rukman Senanayake.

Senanayake's contention is that while it may not have been the most perfect document, it was a start, and one that the UNP was proud to have been an initiator of.

No truce unbleached

"No truce in the world had continued unbreached since its signing. It requires a regular effort to recommit, evaluate and progress by the parties and tremendous public support to keep the parties committed," notes Senanayake.

But this argument does not hold water with some of the southern political parties that feel that the truce was a Norwegian trap to assist the Liberation Tigers to achieve their political target.

A senior JVP member speaking on the basis of anonymity commented that the CFA has indeed worked against national interest.

" It started off by confining the troops to the barracks. It allowed free roaming to unarmed LTTE cadres in the rest of the country whereas government troops had their movements thoroughly restricted. What's more, the illegal administrative structure created by the LTTE was formalised through this agreement and provided the separatists with a sound legal basis to be acknowledged as a separate state before the international community," the spokesperson critiqued. 

JHU's  observations

Not just the JVP, the JHU also felt that the truce was thoroughly flawed. "Not only did it serve the LTTE's many interests but included serious compromises on the part of the government which should not have been there in the first place," notes JHU's Udaya Gammanpila.

According to him, the large majority of the people representing all three main communities were of the opinion that the truce compromised national security to merely create an opening for an imbalanced peace dialogue.

"That was an opportunity for the LTTE to militarily fortify itself using the lull. It helped the LTTE to gather armaments and provided cadres the time to undergo rigorous military training. In hindsight, what have we gained? This has been a complete failure," insists Gammanpila.

Though regularly identifying himself with the JVP and JHU sentiments on the CFA, Prime Minister Ratnasiri Wickremanayake told The Sunday Leader that he refuses to state his stance on it. "I am sorry I will not comment on the CFA," said the Prime Minister. 

However UNP, MP and former rehabilitation minister Dr. Jayalath Jayawardena is of the view that the CFA should be protected as it provides a good foundation for peace negotiations.

He said that the signing of the CFA enabled all communities to move freely to where they wanted. "After the truce, the A-9 Road which is the main supply route connecting the north and the south was opened.  Hindu Tamils from the north who went on pilgrimages could go to Kataragama and the Sinhalese from the south freely visited Nagadeepa. These may sound like trivialities, but what bind people together is cultural, social, religious and language links. Some of those got severed with the outbreak of war. Earlier the Tamil youth, who have only seen the security personnel, believed that the Sinhalese were a people that carried arms. Perhaps the most positive aspect of the CFA was the creation of a non- hostile atmosphere that helped promote attitudinal change,"Jayawardena  noted.

Also, the MP who has worked extensively in the northeast said that the northern populace was able to realise the futility of war and the extent of their deprivation due to military engagements.

War  prevents  development

"It brought to focus how war prevents progress, developmental activities and affects the quality of life. This was the opening created by the CFA," he added.

According to him, some 40,000 displaced Sinhala, Tamil and Muslim families in the north and east were resettled after the CFA. There also was  a revival in agricultural pursuits, clearing of landmines and restoring civilian life to its former glory, he adds.

"We call it a process. Not an achievement that can be reached overnight by signing a document. To reach the actual goal, the people must be patient. There should not be racial incitement," insists Jayawardena.

But according to JHU  Parliamentarian, Ven. Dr. Ellawala Medhananda Thero, there was no validity to the CFA since it was both illegal and unconstitutional. " What is the validity of an agreement reached with a guerilla group? Up to now, since 2002  more than 20,000 CFA violations have been reported and still the innocent people in the north and east suffer immensely. If the LTTE claims to be the sole representatives of the Tamils why should they still brutally kill their own people and also Sinhalese and Muslims? Velupillai Pirapharan is a bloodhound and what agreement with a megalomaniac? This illegal agreement should be torn off," claimed Ven. Medhananda Thero.

CFA should be protected

Meanwhile Secretary, Sri Lanka Muslim Congress (SLMC), T. Hassen Ali told The Sunday Leader that it was the duty of the government to protect the CFA despite the many threats to its existence as well as continuance.

"We have to protect the CFA because in its absence, there would be a full scale war," he said. However, Hassen Ali was of the view that the CFA urgently required amendments which both parties to the conflict should address without delay.

"We as a minority do not believe in any kind of military engagement. Not only the minorities but also the majority Sinhalese do not like a war. The CFA should be fully implemented. It is the duty of the international community to monitor the CFA violations and to get the parties to the agreement to reaffirm their commitment," he said.

Constitutional Affairs Minister D.E.W. Gunasekara's position was significantly different. He told The Sunday Leader that neither the government nor the LTTE have withdrawn from the CFA and therefore it was still in force.

"Although there are some bomb explosions here and there, the government still abides by the CFA" Gunasekara claimed.    

Tamil National Alliance (TNA) Parliamentarian K. Sivanesan was also of the view that the government had to protect the CFA by honouring its commitment to the same.

Different agreements

"Different types of agreements have been entered into by different parties in a bid to end the country's ethnic strife. All these agreements were violated or completely broken by the parties concerned. However, this Ceasefire Agreement was signed between the then Prime Minister, Ranil Wickremesinghe and  LTTE Leader, Velupillai  Pirapaharan with the involvement of the international community bringing in much international goodwill and giving it a sound foundation. Therefore, this is different as well as significant," he said.

Forecasting the future of the CFA, Sivanesan said that the government should ensure that the agreement was fully implemented and get the support of the international community to obtain a similar commitment from the LTTE.

He added that the Tamils would be forced to continue their armed struggle if the CFA is  disregarded by the south.

"The government should take steps to practically implement the CFA without going for a fresh agreement. The Tamils are tired of signing agreements and  Colombo's time buying exercises. The LTTE Leader, Velupillai Pirapaharan in his 'Heroes' Day' speech last year claimed that the CFA was dead. The Tamils will be forced to renew their violent struggle for a separate homeland if this agreement is also thrown away like all previous efforts," he said.

Sivanesan's thinking was shared by most other Tamil politicians who aired their views. Many felt that what was required was not a new agreement, but the full implementation of the existing agreement.

They felt that renegotiating the agreement would drive the Tamil community away from it and towards a renewed phase of violent struggle as they had little faith in the Sinhala governments' commitment to work towards a lasting political solution.

Renegotiation of truce

However, Muslim political parties felt quite different. Not just the premier Muslim political party, the Sri Lanka Muslim Congress (SLMC) but other small groups also felt that the Muslim dimension was completely missing in the CFA and wished for the renegotiation of the truce.

"There is a huge question of human security for all. Muslims have been regularly the victims of ongoing military engagements. Also, the political aspirations of the Muslims need to be accommodated," insisted SLMC Leader and Posts and Telecommunications Minister, Rauf Hakeem.

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