Sri Lanka betrayed

Naseby documents end up in dustbin

SPECIAL REPORT : Part 238

October 2, 2018, 9:10 pm 

By Shamindra Ferdinando

President Maithripala Sirisena, who is also the Commander-in-Chief of the armed forces, pathetically shirked his responsibility at the recently-concluded United Nations General Assembly (UNGA) sessions. President Sirisena skipped Sri Lanka’s last opportunity to defend the country in the run up to the crucial March 2019 sessions. The UNP-SLFP coalition, in March 2017, received two additional years to fulfill its obligations in terms of Oct 2015 Geneva Resolution 30/1.

President Sirisena certainly owed an explanation as to why he refrained from at least mentioning the need to revisit Geneva Resolution 30/1, co-sponsored by Sri Lanka in Oct 2015.

Having announced that he would take up the Geneva Resolution at the UNGA, at a meeting he had with editors and senior representatives of national print and electronic media on Sept. 14, 2018 at the President’s House, President Sirisena ended up pleading with Western powers to appreciate his government’s achievements.

At the President’s House meeting, President Sirisena, flanked by Defence Secretary Kapila Waidyaratne and Deputy Finance and Mass Media Minister Lasantha Alagiyawanna, assured that the Sri Lanka issue would be separately discussed with UN Secretary General António Guterres and UN Human Rights Commissioner Michelle Bachelet. President Sirisena didn’t keep his promise.

In New York, instead of speaking on behalf of his country, President Sirisena compared the difference between the Rajapaksa administration and his.

President Sirisena requested that Sri Lanka be allowed to address accountability issues on its own. Sri Lanka, obviously succumbed to Western pressure to take responsibility for crimes its forces did not commit on the Vanni east front.

President Sirisena reiterated his commitment to the Geneva Resolution, adopted four years ago, on the basis of unsubstantiated war crimes allegations. By reiterating allegiance to the Geneva project, the Head of State merely avoided a major dispute with the UNP-led government.

Close on the heels of President Sirisena’s Sept 14, 2018 assurance to the media, Jaffna District Tamil National Alliance (TNA) Parliamentarian M.A. Sumanthiran warned that the grouping would request the international community to reject the President’s move. Sumanthiran told the writer that President Sirisena couldn’t change course after having interfered in high profile investigations, such as the wartime disappearance of youth, blamed on the Navy.

Sri Lanka’s treacherous failure to request for re-examination of the Geneva Resolution on the basis of wartime British High Commission dispatches, revealed in Oct 2017, must have shocked Lord Naseby who obtained vital once classified information from the Foreign and Commonwealth Office under the UK Freedom of Information Act 2000 (FOIA).

Sri Lanka’s continuous refusal to counter allegations, directed at her armed forces and the wartime political leadership, should be examined against the backdrop of President Sirisena’s decision to record the country’s war history. Success of the project, handed over to Higher Education and Cultural Affairs Minister Dr. Wijeyadasa Rajapakse, PC, will entirely depend on those involved in the project being given a free hand. President Sirisena’s decision not to challenge Geneva Resolution revealed the crisis Sri Lanka is facing today due to the current political leadership lacking the courage to defend the country. Obviously, Geneva project meant to pave the way for a new Constitution is still on track thanks to the Sirisena-Wickremesinghe government unquestionably accepting war crimes charges in Oct 2015. Much to the disappointment of those who really appreciated the armed forces saving the country from terrorism, the Sirisena-Wickremesinghe duo refrained from acting on genuine evidence unearthed by Lord Naseby.

JRJ to Maithripala Sirisena

The proposed dossier on Sri Lanka’s war history should deal with two JVP inspired insurgencies (1971 and 1987-1990) in addition to the North-East war (1970s-2009).

(1) The war history will have to be recorded taking into consideration the political background. Minister Rajapakse’s team will have to examine developments during JRJ (1977-1989), Ranasinghe Premadasa (1989-1993), Dingiri Banda Wijetunga (1993-1994), Chandrika Bandaranaike Kumaratunga (1994-2005), Mahinda Rajapaksa (2005-2014) and Maithripala Sirisena.

It would be pertinent to examine Maithripala Sirisena’s role during the war as he is now on record as having said in New York (not at the UNGA) that during the last two weeks of the ground battle the armed forces were under him. President Sirisena claimed that he was in control as his predecessor Mahinda Rajapaksa, then Defence Secretary Gotabhaya Rajapaksa and Army Chief Gen. Sarath Fonseka were out of the country. Field Marshal Fonseka publicly challenged President Sirisena’s claim.

(2) Indian intervention in the 80s leading to New Delhi recruiting, training, arming and deploying thousands of Tamil youth against the Sri Lanka armed forces. They fought for several groups, including the LTTE (Liberation Tigers of Tamil Eelam). All groups, except the LTTE, accepted the Indo-Lanka Accord of July 1987 that paved the way for the deployment of the Indian Army (July 1987-March 1990). Before India quit Sri Lanka, the Indian Army formed Tamil National Army (TNA) to prop up the then puppet North-East administration. It would be important to keep in mind that by July/Aug 1987, all Tamil terrorist groups, except the LTTE, accepted Indian military leadership.

(3) Examination of counter insurgency/military operations conducted during JRJ administration with the focus on the largest ever combined services offensive, ‘Operation Liberation’, carried out in the Jaffna peninsula in early 1987, India violated Sri Lankan airspace and forced JRJ to halt the offensive. In other words, India threatened to militarily intervene to save its monstrous creation - the LTTE. Had the then Indian leader Rajiv Gandhi allowed Sri Lanka to finish off the LTTE, he would have probably still been alive. Eelam War I (1983-1987) took place during JRJ presidency.

A few days before the signing of the accord, two Indian Air Force helicopters flew in to the Jaffna peninsula. They were on a top secret mission to airlift five LTTE terrorists, including its leader Velupillai Prabhakaran, for a clandestine meet with Indian Prime Minister Rajiv Gandhi.

Years later, retired Indian Air Marshal Denzil Keelor revealed how he received instructions from Research and Analysis Wing (RAW) to airlift the LTTE delegation from the Jaffna peninsula to India. Keelor discussed how Indian Air Force had sent in two choppers with specific instructions provided by the RAW to pick up the LTTE delegation from the Suthumalai Amman kovil temple, Jaffna. Having flown the LTTE delegation across the Palk Strait to Trichy and then transferred to a special flight standing by, the group was flown to New Delhi via Madras to meet Indian PM Rajiv Gandhi, on July 28, 1987.

By then, India had already violated Sri Lankan air space on June 4, 1987 to air drop food.

Prabhakaran was flown back to Jaffna on Aug. 2, 1987 amidst a round-the-clock troop airlift from Tamil Nadu to Sri Lanka. Prabhakaran hadn’t been in Sri Lanka at the time India forced JRJ to sign the Indo-Lanka accord.

Prabhakaran declared, on Aug 4, 1987, that India forced his organization to accept the Indo-Lanka accord. The bottom line is that the UN turned a blind eye to India destabilizing its tiny neighbour.

(4) Examination of Indian military trained PLOTE (People’s Liberation Organization of Tamil Eelam) raid on the Maldives in early Nov 1988, too, is necessary as the Sri Lanka Navy lacked the wherewithal to prevent unauthorized/ illegal movements to and from Sri Lanka. Two trawler full of PLOTE cadres, numbering nearly 90, left Sri Lanka under the very nose of Sri Lanka Navy to make an attempt on the then Maldivian President Gayoom’s life. India shamelessly took credit for saving the Maldivian leader. The world conveniently forgot the sea borne raid was mounted by Indian trained Sri Lankan terrorists.

(5) Having tricked President Premadasa during the LTTE-UNP honeymoon to get rid of the Indian Army, the LTTE launched Eelam War II in June 1990 - less than 100 days after the Indian pullout. Premadasa lacked strategy to meet the LTTE challenge. Within days, the Army lost control of Jaffna Kandy A9 road northwards of Vavuniya, Jaffna bases got isolated and the military high command was compelled to position troops close to the coast to ensure supplies by sea. Premadasa never managed to take back territory lost to the LTTE. Premadasa also suffered a debilitating setback in Aug 1992 when battle - tested and extremely popular war veterans Maj. Gen Denzil Kobbekaduwa and Brig. Wijaya Wimalaratne were killed in a landmine blast at Araly point, Kayts. During Premadasa’s time, the military developed capability to mount large scale amphibious operations (Operations Sea Breeze, Balavegaya). Amphibious operations saved Mullaitivu and Elephant Pass bases though the LTTE overran both during President Chandrika Bandaranaike Kunmaratunga’s presidency. In the wake of President Premadasa’s assassination on May Day, 1993, the LTTE inflicted another massive blow on the military. President Wijetunga was in control. The LTTE caused heavy losses on the military in early Nov 1993 when the Pooneryn-Nagathevanthurai complex was partly overrun. The military presence there was to intercept LTTE and civilian movements across the Jaffna lagoon. The loss of Nagathevanthurai brought that operation to an end. The Pooneryn-Nagathevanthurai debacle took place close on the heels of the disastrous Operation Yaldevi conducted in the Jaffna peninsula to destroy Kilali boat point.

In fact, the then Navy Chief Clancy Fernando was believed to have been especially targeted because he was responsible for the Nagathevanthurai operation. Clancy Fernando was assassinated outside the Taj Samudra hotel in Nov 1992. Fernando was the only service commander to perish during the over three decades long conflict.

The then Army Chief Lt. Gen. Cecil Waidyaratne resigned over the Pooneryn-Nagathevanthurai defeat. Waidyaratne was the only service commander to quit over battlefield failure during the war. A genuine war history cannot avoid Premadasa arming and funding the LTTE between May 1989 and March 1990. The transformation and development of Sri Lankan military should be examined vis-a-vis the LTTE capabilities and experience Prabhakaran’s fighting units received from the Indian Army. The military suffered badly during the Premadasa era. The LTTE never allowed the military to regain the initiative during Premadasa-Wijetunga administration.

(6) All bases in the Northern region received, supplies via air and sea, as overland routes fell under the control of the enemy. Those who had been deployed in the Jaffna peninsula and surrounding islands struggled to find space in transport aircraft flying out of Palaly air base amidst sporadic shelling directed there by the Tigers.

(7) Having led the People’s Alliance to victory at the Aug 1994 parliamentary polls, Kumaratunga overwhelmingly won the presidential election a couple of months later with the backing of the LTTE. The LTTE assassinated UNP presidential candidate Gamini Dissanayake in the run up to the Nov 1994 poll to ensure Kumaratunga’s victory. The world turned a blind eye to what was going on in Sri Lanka. The PA shamelessly went ahead with talks with the LTTE in spite of the massacre of over 50 persons, including Dissanayake at Thotalanga. The Premadasa-LTTE honeymoon lasted 14 months while Kumaratunga-LTTE honeymoon lasted just 108 days. The LTTE resumed Eelam War III in April 1995 by firing heat-seeking missiles at Avro transport aircraft coming to land at Palaly. Two missile strikes claimed the lives of 100 security forces officers and men and two aircraft within a matter of few days. The Kumaratunga administration was stunned. Then Kumaratunga virtually bent backwards to appease the LTTE. She ignored the sinking of SLNS Sagarawardene off Mannar in Oct 1994 and a spate of other incidents believing a political solution was at hand. She ridiculed the military and neglected the needs of the fighting military. But to her credit, once the LTTE, shot down aircraft and threatened the very survival of Jaffna military presence, Kumaratunga unleashed the military on the LTTE. During Kumaratunga’s first tenure, the military brought the Jaffna peninsula under its control. For the first time, the Army conducted large scale offensive at Division level. Liberating Jaffna was nothing but the greatest military achievement during Kumaratunga’s rule though she couldn’t finish off the LTTE. Unlike her predecessors, Kumaratunga didn’t hesitate to provide the required firepower and the political backing to the military. The then Deputy Defence Minister Anuruddha Ratwatte played a significant role in the overall military strategy. However, Kumaratunga couldn’t keep the momentum. Within months after the capturing Jaffna, the military began gradually losing control of the Vanni region. In July 1996 the LTTE destroyed Mullaitivu Brigade comprising two battalions. The Army responded by launching Operation ‘Sath Jaya’ southwards of Elephant Pass. The operation was meant to divert public attention away from Mullaituvu debacle and regain as much as the Jaffna – Kandy A9 road as possible. The formation pushing southwards from Elephant Pass was to meet Jayasikurui offensive pushing northwards. They were to link up to re-open the overland route to Jaffna. The LTTE thwarted the government strategy. The LTTE caused such devastating losses on the military by April 2001, that the entire Jaffna peninsula was under enemy threat. Both Kankesanthurai and Palaly bases were brought within long range LTTE artillery. The LTTE rolled back ‘Sath Jaya’ troops and in April 2001 overran the strategic Elephant Pass. In Dec 1999 Kumaratunga survived an LTTE suicide attack in Colombo. On the same day, the LTTE assassinated retired Maj. Gen. Lucky Algama at Ja-Ela. Although, Kumaratunga’s forces managed to halt the LTTE advance on the Jaffna town and mount a counter attack of its own, the government offensive went awry at Muhamalai when the LTTE defeated ‘Operation Agnikheela.’ The Army never recovered from that defeat and the change of government at Dec 2001 brought UNP leader Ranil Wickremesinghe to power.

(8) Wickremesinghe quickly negotiated a Ceasefire Agreement with the LTTE and signed it on Feb 21, 2002. The UNP caused chaos in the military. Foolish UNP leadership exposed a top secret Directorate of Military Intelligence (DMI) run operation resulting in the LTTE hunting down intelligence operatives, including former members of the LTTE. Under terms of the CFA negotiated by Norway and underwritten by the US, EU and Japan, the military suspended all operations.

(9) Mahinda Rajapaksa, too, accepted Norwegian mediation and declared his willingness to talk peace with the LTTE at overseas venues. Wickremesinghe did the same. Having officially suspended military operations in Feb 2002, the military faced the LTTE again in June-July 2006 at Mavil-aru. However, it wasn’t the beginning of Eelam War IV. It began in the second week of Aug 2006 with simultaneous attacks on the northern and eastern sectors. The Army suffered devastating losses. But once the combined forces regained Sampur in early Sept 2006, the forces didn’t stop until Prabhakaran was eliminated on the banks of the Nanthikadal lagoon on the morning of May 19, 2009. Rajapaksa sustained the offensive for two years and 10 months in spite of tremendours international pressure to suspend the offensive. President Rajapaksa gave unprecedented political leadership. The writer believes perhaps the most important decision taken by him was to authorize the doubling of the Army thereby making available sufficient infantry formations to take the battle into hitherto enemy held territory through deep penetration units and frontal assaults from several fronts.

Gotabhaya Rajapaksa, in his capacity as the Defence Secretary, ensured the implementation of the overall military-political strategy with the required wherewithal, while the service commanders, Lt. Gen Fonseka, Vice Admiral Wasantha Karannagoda and Air Marshal Roshan Gunatilleke gave unparallelled leadership. President Sirisena’s claim that Mahinda Rajapaksa and Gotabhaya Rajapaksa fled the country during the final phase of the war (last two weeks), along with then Army Commander Lt. Gen. Fonseka was openly countered by the Field Marshal. Fonseka declared that the Rajapaksa brothers did not leave the country as alleged by President Sirisena. This certainly is an interesting development.

Examination of war history should focus on the transformation of the Navy and the Air Force with the former achieving 100 per cent success by destroying LTTE’s floating arsenals in international waters while the Air Force achieved strategic bombing that caused massive losses on the enemy, including prized Tigers killed in their hidden lairs.

The roles played by the Intelligence Services, the STF, the Civil Defence Force and those countries which provided the wherewithal to destroy, should also be part of the dossier.

A comprehensive study conducted by the US on Sri Lanka military capabilities on a request made by the Wickremesinghe government at the time Kumaratunga held the presidency could be quite useful in the proposed endeavour.

Prez launches project to record ‘war history’ as pressure mounts on Geneva front

SPECIAL REPORT : Part 237

September 25, 2018, 8:56 pm 

By Shamindra Ferdinando

A senior journalist covering a hastily arranged media conference at Sirikotha last Friday (Sept. 21) sought Public Administration and Management and Law and Order Minister Ranjith Madduma Bandara’s response to the predicament of Maj. Gen. Chagie Gallage.

 The Gajaba veteran, designated as a war criminal by Australia, retired on Aug. 31, 2018. The Moneragala District MP expressed confidence that Gallage would be able to overcome difficulties soon. Deputy Law and Order Minister and Kurunegala District MP Nalin Bandara refrained from commenting.

 Obviously, the UNPers didn’t know the circumstances under which Australia, in 2016, denied Gallage a visa on the basis of unsubstantiated war crimes accusations that led to the Sirisena-Wickremesinghe government to co-sponsor Geneva Resolution 30/1. Australia has effectively prevented Gallage from receiving an Australian visa on an official capacity or otherwise.

 The journalist, too, didn’t know that Gallage had served the celebrated Gajaba Regiment as he called the retired soldier an officer of the Gemunu Watch when posing the query to Madduma Bandara.

Those at the Sirikotha press conference would have been surprised if they were told that Chagie’s mother, Daisy Rathnawalie Nanayakka, a long time faithful of the UNP bosses, retired after serving the country’s oldest political party as an accountant. In fact, she had served the UNP when its headquarters was on the Galle Road, where Chagie frequently visited. The retired soldier recently recalled him visiting his mother on his first ever leave as a Second Lieutenant where he ran to the then UNP Chairman N.G. Panditharatne. Gallage still vividly recalls Panditharatne inquiring from his mother whether the young man wearing a mustache was her brother. Subsequently, Mrs Nanayakkara had moved from the Galle Road UNP office to its present day main party office at Kotte.

The writer dealt with Gallage’s retirement in last week’s Midweek with the focus on his superlative farewell speech delivered at the Gajaba home at Saliyapura, Anuradhapura.

It would be pertinent to examine the stand taken by Army Headquarters in the wake of the Australian snub. The then Army Commander, Lt. Gen. Chishanthe de Silva (Feb 22, 2015-June 26, 2017), in early 2017, took up Gallage’s issue with Secretary to the Ministry of Defence Karunasena Hettiarachchi, a close confidant of President Maithripala Sirisena. Lt. Gen. De Silva, along with his missive, sent an Australian government report on Gallage.

Lt. Gen de Silva now serves as Sri Lanka’s top diplomat in Dhaka, Bangladesh.

It would be interesting to know whether Karunasena Hettiarachchi had consulted President Sirisena, or the Foreign Ministry, as regards the letter received from Lt. Gen. De Silva. The Island understands the National Unity Government did absolutely nothing. Instead of at least taking up the issue with the Australian High Commission, the government chose to remain silent. President Sirisena publicly referred to the crisis faced by some of those who gave leadership to the ground forces in the Eelam war IV. The President, in his capacity as the Commander-in-Chief, expressed serious concern when he addressed senior commanders at the military hospital in mid - November last year. Gallage was among those seated in the front row. Those responsible for countering war crimes accusations refrained from at least officially briefing countries which accepted the UN allegations.

 Let me reproduce the letter addressed to Karunasena Hettiarachchi by Lt. Gen de Silva. AHQ/JAG/A/9/1/2 (253)

 April 5, 2017

Secretary

Ministry of Defence

Denial of an Australian visa

Major General CP Gallage WWV RWP RSP USP USAWC

References

(A) An appeal made by Major General CP Gallage (enclosed)

(B) An Australian Government Report on Major General CP Gallage (enclosed)

Major General CP Gallage has been denied a visitor’s visa by the Australian High Commission in Colombo on the grounds that 59 Division troops, under Major General Gallage, were responsible for war crimes and crimes against humanity. The Australian decision is based on certain UN and Human Rights Watch Reports cited in the Australian Government Report (Reference B).

The aforesaid UN and Human Rights Watch Reports are primarily based on unsubstantiated and hearsay evidence planted by LTTE sympathizers and totally lack objectivity. Therefore en bloc categorization of officers who had served in certain formations during the humanitarian operations, to say the least, is totally unjustifiable.

At present the Ministry of Defence is closely cooperating with the Australian government and Sri Lanka Armed Forces have extended their fullest cooperation to Australian authorities in many defence and security related matters. In such circumstances, arbitrary denial of visas to members of Sri Lanka Armed Forces will not augur well for the bilateral relationships between the two countries.

Therefore, it is kindly requested that his Excellency the President be appraised of the situation in order to take effective remedial measures.

A W J C de Silva, RWP VSV USP

ndu psc

 Lieutenant General

Commander of the Army

Army headquarters response to war crimes

It would be pertinent to ask whether Lt. Gen de Silva’s predecessors officially took up with the Secretary to Ministry of Defence the contentious issue of officers, faulted on the basis of unsubstantiated war crimes accusations, being denied visas, both on official and unofficial capacities. Interestingly, Lt. Gen de Silva, obviously failed to point out to Secretary Ministry of Defence that Gallage had taken over the command of the 59 Division after the end of the war. In other words, at the time, Gallage received appointment as the General Officer Commanding (GoC) of the 59 Division, the LTTE was no more.

The 59 Division, a principal fighting division raised in 2007 was tasked with securing the coastal LTTE stronghold Mullaitivu. The 59 Division achieved its primary task in late January 2009 after having crossed dense Vanni jungles.

The LTTE, routed the Army at Mullaitivu on July 18, 1996, during Chandrika Bandaranaike Kumaratunga presidency. The Mullaitivu debacle remained the worst single defeat experienced by the Army until the LTTE evicted the Army from the strategic Elephant Pass base in April 2001, also during Kumaratunga’s presidency. The LTTE overran a Brigade-size Mullaitivu deployment (though its actual strength was much less) within 24 hours, whereas fully fledged 54 Division plus deployment backed by overland supplies from Palaly-Kankesanthurai, crumbled, in the worst ever defeat. The loss of Elephant Pass stunned the entire nation. Unfortunately, the then military leadership made a silly bid to describe the humiliating defeat as a strategic withdrawal.

The Army lost precious artillery pieces, both at Mullaitivu and Elephant Pass, during the tenure of the late Rohan de S. Daluwatte (May 1, 1996-Dec 15, 1998) and L.P. Balagalle’s (Aug 25, 2000-June 30, 2004) tenures as the Commander of the Army, respectively. In spite of northern debacles, they received appointment as Chief of Defence Staff following retirement. However, Daluwatte and Balagalle had their moment of glory as well. Daluwatte, in his capacity as the Overall Operations Commander, gave leadership to Operation Riviresa in 1995-1996 that brought the Jaffna peninsula under government control, whereas Balagalle earned the appreciation for his role in Directorate of Military Intelligence (DMI).

At the time the then Prime Minister Ranil Wickremesinghe signed the Oslo-arranged Ceasefire Agreement (CFA) in the third week of Feb 2002, the security situation was in such a perilous state, perhaps Wickremesinghe had no alternative but to seek a negotiated settlement with the LTTE.

Just five years after the signing of the CFA, the Army transformed itself to a lethal fighting force that brought the war to an end within two years and 10 months. Unfortunately, those who gave leadership to that herculean task are now at the receiving end. Gallage’s predicament is a case in point. Sri Lanka will mark its glorious war victory in May next year with the likes of Gallage categorized as war criminals.

Over the years, many officers were denied the opportunity to join foreign military courses on the basis of such unsubstantiated war crimes accusations.

Maj. Gen. Shavendra Silva, the first GOC, of the celebrated 58 Division, Maj. Gen Prasanna Silva, the war time GOC of the 55 Division as well as Jaffna Security Forces Commander Maj. Gen. Mahinda Hathurusinghe had not been allowed to join US programmes over war crimes allegations. In the case of Maj. Gen. Shavendra Silva, the then Sri Lanka’s Deputy Permanent Representative in New York was denied entry into War College.

The US also refused to include Adjutant General Maj. Gen. Jagath Dias and Military Secretary Maj. Gen. Sudantha Ranasinghe in the September 2013 military programme in Auckland, New Zealand citing accountability issues.

They were among three Majors General nominated by Army Headquarters for the ‘Pacific Army Management seminar’. The US accepted the nomination of Boniface Perera, the then Security Forces Commander, Vanni.

While Majors Gen Jagath Dias and Prasanna Silva commanded troops during the period under UN investigation, Sudantha Ranasinhe hadn’t been involved in operations though he was denied visas twice on the basis of him receiving peacetime command of the 53 Division. Wartime Defence Secretary Gotabhaya Rajapaksa’s personal efforts to convince the US embassy in Colombo to review its unfair policy didn’t succeed.

 Recently, some members of the international community told Sri Lanka that it should fully implement Geneva Resolution 30/1 by March next year or face the consequences. The government refrained from responding to the statement issued by those countries.

A challenging task

 Before discussing President Sirisena’s move to have the war complete history recorded close on the heels of the launch of the latest edition of the Mahawansa, let me reproduce what retired Gallage, in his farewell address at Saliyapura, said about two of his seniors. Due to an inadvertent error on the writer’s part, wrong impression may have been created as to their seniority.

Having referred to his contribution to the transformation of the army, Gallage named those who made that impossible task possible. Among them were… Maj Gen (rtd) Udaya Perea (Who was my debut Snr Subaltern; on whose foot prints I constantly trailed on)

 Then,…Maj Gen (rtd) Jagath Alwis (Who inspired me to join the Army when I was gallivanting after schooling and just recruited to Marines; not in the USA; but at CBO Dockyards to scrap rusted metal as a special apprentice).

Addressing editors and senior representatives of both print and electronic media at Janadhipathi Mandiraya on the morning of Sept. 17, 2018, President Sirisena emphasized the need to record Sri Lanka’s war history. The writer was among those present on that occasion. President Sirisena, discussed the high profile project towards the end of his speech in which he flayed the Criminal Investigation Department (CID) over its handing of investigations into several key cases, including wartime disappearances involving the Navy.

President Sirisena revealed him having a meeting with retired security forces commanders over a month ago to discuss proposed project to record the war history. President Sirisena, however, didn’t say war winning Army Commander Field Marshal Sarath Fonseka was among those present. Wartime Defence Secretary Gotabhaya Rajapaksa, too, wasn’t present though a successful project required Rajapaksa’s assistance. One-time Commanding Officer of the First Battalion of the Gajaba Regiment and Defence Secretary Rajapaksa played a significant role in the overall war strategy.

President Sirisena emphasized that he expected a comprehensive dossier which covered all aspects of the conflict and the circumstances leading to the conflict. President Sirisena pointed out that nearly a decade after the conclusion of the war Sri Lanka lacked an authentic report on the conflict. President Sirisena stressed that the proposed project should cover critical aspects such as the circumstances leading to the war, what was the background to the conflict, the formation of the LTTE, military operations conducted since 1980s, Operation Jayasikurui, battlefield victories and defeats and the arrival of the Indian Army. President Sirisena said that there was no official government record on the war. Turning towards Defence Secretary Kapila Waidyaratne, President sought confirmation of the project which involved the Universities of Colombo and Sri Jayewardenapura. President Sirisena assured that an impartial and balanced report would be produced. The President said that the project would take two to three years to complete and such a project would be of pivotal importance.

Wijeyadasa’s task

Higher Education and Cultural Affairs Minister Dr. Wijeyadasa Rajapakse, PC, is in charge of the President’s project. In addition to those responsible for the latest edition of the Mahawamsa, Dr. Rajapakse is expected to finalize the team soon. It would be interesting to know how the team tackled sensitive issues such as war crimes allegations leading to punitive international action against selected military officers. Chagie Gallage is in quandary today for no fault of his. It is a case in point. Gallage, who had kept low profile during the war didn’t mince his words when he addressed the war crimes issue in a way no one else had done before. In his farewell speech at Gajaba home at Saliyapura, Gallage dealt with a range of issues on the eve of the 35th anniversary of the Gajaba Regiment. There had never been a previous instance of an officer having the courage to declare at a farewell banquet him being categorized as a war criminal. "So, I’m happy to be retired being a tiny particle of that proud chapter of the history, though designated as a ‘War Criminal.’

Recording Sri Lanka’s war history will not be an easy task. It’ll be a challenging task for Wijeyadasa Rajapakse, elected to current parliament on the UNP ticket. A proper recording of the events leading to the war, the war and post-war developments will help the country to clear its name and expose those responsible for over three decades long war finally brought to an end in May 2009.

Chagie: I’m designated as a ‘war criminal’

Saliyapura farewell:

SPECIAL REPORT : Part 236

September 18, 2018, 8:46 pm 

By Shamindra Ferdinando

"Gajaba was engraved in golden letters of the annals of the history of the Sri Lanka Army, if not in the history of Sri Lanka … and I’m certain it will never to be reversed by any.

"So, I’m happy to be retired being a tiny particle of that proud chapter of the history, though designated as a ‘War Criminal."

In a few lines, Major General Chagie Gallage (retired) delivered a devastating attack on all those who had shirked their responsibility for countering lies propagated by interested parties until sections of the Army were categorised criminal. Gallage’s was a case in point. The Gajaba veteran retired on Aug 31, 2018.

A week after retirement, Gallage delivered his farewell speech at Gajaba home in Saliyapura, Anuradhapura. Gallage dealt with a range of issues on the eve of the 35th anniversary of the Gajaba Regiment. There had never been a previous instance of an officer having the courage to declare at a farewell banquet, him being categorized as a war criminal. It would be pertinent to examine why Gallage declared: "So, I’m happy to be retired being a tiny particle of that proud chapter of the history, though designated as a ‘War Criminal.’

The writer revealed Gallage’s predicament in March 23, 2017 edition in a front-page lead story headlined Chagie denied Australian visa over ‘war crimes’ allegations with strap line Unsubstantiated UN claim cited as reason.

Australia found fault with Gallage commanding the 59 Division from May 7, 2009 to July 20, 2009.

The Australian High Commission responded to The Island revelation.

The following is the second The Island report on the Gallage issue:

Chagie’s visa application under consideration-AHC

Application submitted

in Sept. 2016

The Australian High Commission yesterday (March 23, 2017) said that no final decision had been taken in respect of Maj. Gen. Chagie Gallage’s visa application.

Veteran Gajaba Regiment officer is Director General of Infantry.

The Australian High Commission was responding to The Island query whether any other Sri Lankan military officer had been denied visa over unsubstantiated war crimes allegations.

A spokesperson for the HC said that Maj. Gen. Gallage’s application ‘remains under assessment.’

Asked whether current Australian stance on alleged war crimes/accountability issues remained until the outcome of the proposed UN supervised investigations into war crimes and crimes against humanity, the spokesperson said that the HC wouldn’t comment further on this or any other visa matter relating to Sri Lankan military officers.

Commenting on the latest Geneva Resolution on Sri Lanka, the spokesperson said: "The Australian Government is pleased to have joined the Sri Lankan Government and others this week in co-sponsoring UN Human Rights Commission resolution on promoting reconciliation, accountability and human rights in Sri Lanka. Australia recognizes the progress made so far by Sri Lanka in these areas, but recognizes also the need for more work to implement Sri Lanka’s commitments on transitional justice."

However, well informed sources told The Island that Maj. Gen. Gallage’s applied for the visa last September to visit his brother from Dec. 2016 to January 2017. Sources said that Gallage’s brother, an Australian citizen of Sri Lankan origin, had visited Colombo especially to make representations to the Australian HC. Following that meeting the Australian department of Immigration and Border Protection issued a report titled ‘Potential Controversial Visitor’ citing war crimes and crimes against humanity as reason for denying Gallage a visa.

Australians found fault with the Maj. Gen. for commanding the 59 Division on the Vanni east front.

An ungrateful nation

Australia never allowed Gallage to visit his brother. In spite of him retiring from the Army, the Australian ban would remain. An ungrateful Sri Lanka never bothered to make representations on behalf of an officer who risked his life for his motherland on countless occasions as a frontline infantry officer. Gallage earned the appreciation of officers and men alike and for Australia to condemn an officer of his caliber merely on the basis of him having commanded a division after the conclusion of the war is nothing but an affront.

War time Special Forces Commander Major General Nirmal Dharmaratne in a superb piece on Gallage, published in The Island, called the brother officer a ‘meticulous man’. For Australia, Gallage was nothing but a potential controversial visitor. The Foreign Ministry turned a blind eye to Gallage’s plight. The Gallage issue was largely ignored by the media. Australian insult never received the coverage it deserved. Our parliamentarians were too busy to take up the issue. Parliament shirked its responsibility. The failure on the part of parliament to address accountability issues finally led to the Sirisena-Wickremesinghe government co-sponsoring damning Geneva Resolution in Oct 2015 directed at the previous political leadership and the military. Gallage is among those denied visas and humiliated by a section of the international community on the basis of unsubstantiated war crimes allegations. War-winning Army Chief, the then Gen. Sarath Fonseka, too, was denied US visa on more than one occasion. Although, President Maithripala Sirisena in September last year assured the military that his government would take up this issue, the Commander-in-Chief’s promise never materialized. The assurance was given at a meeting with the Army at the Military Hospital, Narahenpita.

In his address, President Sirisena referred to some Western powers refusing to issue visas to both retired and serving officers on the basis of unsubstantiated allegations. President Sirisena emphasized the pivotal importance of rectifying the situation. The Commander-in-Chief called for tangible measures to change Western governments’ decision.

President Sirisena’s message was transmitted live to Security Forces Headquarters, Divisions and other formations where approximately 30,000 officers and men received it. It would be pertinent to ask weather Defence Secretary Kapila Waidyaratne and Army Commander Lt. Gen. Mahesh Senanayake who had been present at the time the assurance was given followed up on the matter.

Obviously, President Sirisena was reacting to recent reports pertaining to Western powers refusing to issue visas to both retired and serving officers. Although President Sirisena refrained from mentioning names, war-winning Army Chief, the then Gen. Sarath Fonseka, is among those who had been affected.

Field Marshal Fonseka, last September, alleged that he had been denied a visa to attend the UNGA 2017 because of unresolved war crime allegations against the Army. Sri Lanka’s most successful Army Commander, who is now Minister of Regional Development, said he was due to travel to New York but he was the only one in the Sri Lankan delegation not issued a visa by the US. Fonseka said he could not accompany President Sirisena to the UNGA.

Fonseka however in response to a query by the writer at a media briefing admitted that the cabinet never discussed ways and means to counter war crimes allegations. Fonseka cannot absolve himself of the responsibility for not taking up the matter as he was the Commander of the victorious army.

President Sirisena declaration at a meeting with editors and senior print and electronic media representatives last Friday (Sept 14) that he would explore ways and means of lessening the impact of Oct 2015 Geneva Resolution on the military underscored the failure on the part of his administration to properly counter war crimes accusations. The treacherous Sirisena-Wickremesinghe government refrained from exploiting disclosed wartime British High Commission dispatches to counter such lies. President Sirisena’s decision to take up the issue at the UNGA next week should be examined against the backdrop of his government shocking refusal to act on British dispatches revealed in Oct last year.

Chagie’s Saliyapura talk

Battlefield inspiration, Gallage began his farewell speech by recalling the spearheading role played by the late Maj. Gen. Wijaya Wimalaratne in the shaping of the celebrated Gajaba Regiment in the ‘80s. Gallage declared Wimalaratne as the greatest infantryman in the Army. Then Gallage commented on Maj Gen Shavendra Silva, Colonel of the Gajaba regiment and the Adjutant General of the Army for organizing the event. Gallage said: "I’m certainly fortunate that, by desire or intent, my dear friend Shavendra, has turned this day to be celebrated alongside the week or month, that I shed my boots and beret… and graduate into the University of Civil Corp."

Had Gallage not been forced to leave the battlefield in late Aug 2007 due to medical emergency, he could have earned the commendation for giving leadership to the Task Force 1/subsequently upgraded to 58 Division. Gallage returned in early Oct same year. Shavendra Silva commanded the celebrated formation that killed the most number of terrorists, recovered the most number of weapons and brought the large parts of western and eastern Vanni under government control.

Gallage then went on to thank officers and men of the Gajaba Regiment calling battalion commanders and their men the most treasured.

"Dear Ladies & gentlemen,… Here, I’m closing my three decades of uniformed service for the country and the nation; happily and gracefully having my head and spine vertically without hanging onto the shoulders of any Tom Dick and Harry."

Having referred to the second JVP insurrection (1987-1990) and LTTE terrorism (1976-2009) and him joining the army as a second lieutenant, Gallage acknowledged the sufferings and challenges experienced by the institution until the war was brought to a successful conclusion.

Commenting on former Army Commanders, Gallage did not mince his words when he declared "...I have witnessed, the determined Commanders of this dignified force transformed what was described as "Exhausted and a Losing Army" into a ‘Wining and a Victorious Army’. Though, quite a few survived in a ‘NATO’ or no action, talk only techno."

"Nevertheless, our officers; Commanders at different level worked together, to develop the overwhelming capability of our Army,…Especially during the final phase of the conflict, that demonstrated such versatility and braveness all round.

Referring to the gigantic role played by the Gajaba Regiment and the Army as a whole, Gallage said: "However, it is best to leave aside one’s or individual’s own fairy tales."

Having referred to his contribution to the transformation of the army, Gallage named those who made that impossible task possible. "Men like… (Late) Maj Gen Vijaya Wimalarathne, (Late) Gen Denzil Kobbekaduwa, (Late) Maj Gen Janaka Perera, Col (rtd) Gotabaya Rajapaksa, Maj Gen Sathis Jayasundara, (Late) Maj Gen Gamini Gunasekara, Col (rtd) Nimal Rathnayake, Maj Gen (rtd) G.V. Chandrasiri, Maj Gen (rtd) Gamini Hettiarchchi, Brig (rtd) Nimal Jayasuriya, Lt Gen (rtd) Jagath Jayasuriya, Gen (rtd) Seewali Wanigasekara, Lt Gen (rtd) Mendaka Samarasinge, Maj Gen (rtd) Jagath Ramubukpotha, Lt Gen (rtd) Jagath Dias, Brig (rtd) Hiran Halangoda, Col (rtd) Jayavi Fernando, Maj Gen (rtd) Srinath Rajapakse, Brig (rtd) Bahar Morsath, Maj Gen (rtd) Lalith Daulagala, Brig (rtd) Roshan Silva, Late Col Shantha Wijesinghe, Maj Gen (rtd) Kamal Gunarathne, Maj Gen (rtd) Amal Karunasekara and,…Maj Gen (rtd) Udaya Perea (Who was my deputy Snr Subaltern; on whose foot prints he constantly trailed on)

Then,…Maj Gen (rtd) Jagath Alwis (Who inspired me to join the Army when he was gallivanting after schooling and just recruited to Marines; not in USA; but at CBO Dockyards to scrap rusted metal as a special apprentice)

And last, but not the least, Field Marshall Sarath Fonseka (Who led our forces as the Commander of the Army, to end the menace of merciless and brutal battle against terror) are to name a few; if I’m to recall. Add to the list, that countless other great officers and experts’ embarked on the task of making a Healthy Army Healthy Nation….

(Consultant Dr) Maj Gen Sanjewa Munsinghe, (who was my mentor in medics, made me fit and furious all times with endless counseling);

Together with (Consultant Dr) Brig Maurine Wijegunawardaene,

(Consultant Dr) Brig Nimalka Ariryarathne

(Consultant Dr) Col Roshan Monaragala…….And all those who guided my services may not be here today; But indeed, all of them provided me vision, direction, energy and agility to drive; by means of genuine guidance and supervision; made me rise up in ranks and appointments "for me to be what I was;….and what I’m" until this day.

Though not here in this dome; I’m so pleased to express my gratefulness to Maj Gen Ralph Nugera, Maj Gen Aruna Wanniarcichi, Maj Gen Athula Kodippily and Col Mahendra Fernando and their magnificent ladies; they were my esteemed assets, as my deputies, facilitators and shadows; And at times, referees; in trendy and challenging tenures in combat and otherwise. I honestly return salute to every one of them; and you officers; and not forgetting our comrades in sister services; Air Force and Navy for risking their lives, in support of our determinations to crack the nation from ‘War to Peace’. And my highest regards to Special Task Force led by DIG (rtd) Chandrsiri Ranawana and DIG Ruwaiz Lathiff; for their unstinted support and assistance beyond the call of duty."

Gallage said: My experiences over the last many years taught me great many things.

* In that for my flabbergast,...I happened to be the hook, the line, and the sinker, for most Commanders, in different capacities in different encounters, and fierce battles. These Commanders were frequently holding the fishing rod or shafts………

* Yet, I was at times in bottomless water looking for sharks or piranhas out at turbulent weathers

* I did my utmost in the guise of various designations’ to ensure no Commander let lose the rod or falling nose-down into the flood or to hell bends

* Given the fact; I never sought to be a cowboy with a top hat!.. I remained as a rancher in a nomad; uniting all arms and services in brotherhood, until we eradicated terrorism to the dust.

* Nevertheless, in the aftermath of the victorious battle few successive Commanders (may be one or two to my considerate) attempted to use me as a bait or a maggot for the hook, from side to side with their own ‘Manoeuvrist Approaches’ (For better understanding of audience; Manoeuvrist Approach is to apply strength against identified vulnerabilities, including predominantly indirect ways and means of targeting the intellectuals’ and moral component of opponents’ power or strength)

* May be for absolute panic of their merry making or for their eagerness to hold vital grounds and continue in Command,

* It is therefore, one may have experimented to practice ‘Mission Command with ABANS or any other similar janitorial service with their lunatic academic maestros and few Cosmetic Scavengers who accumulated better flying hours than being in mud boots.

* Possibly these stool pigeon squad at that time, would have been busy drafting ‘Most Modern Asymmetric Throat Slitting Doctrine’ obviously titled ‘The Dog eats Dog!

* The finest and the fittest element of National Power in contrast to Nations security, Special Operation Forces, Air Mobile Forces, Special Infantry Operatives …

* These Elite Strategic Tools of the Commander of the Army in particular were rest to the level of ‘set of rats in mouse holes in dirt’. They were used for playlets’ and dramas’ in the name of mammoth FTX’s… and for guarding beloved bureaucrat’s spouses and their kith and kin with Armies Assets for petty gains.

 * What matters were excitements and colour filled stage performances and entertainments or leisure, or to showcase participants from friendly foreign nations and sister services utilizing our elite men...

 * Dear Comrades, The most important thing in the world is trust; it can take years to earn, and matter of seconds to lose. Mark my words, these Gentle lambs twisted the laws of Army Acts’ and Regulations’; case by case, at one’s own Whims and Fancies, not in simple, but in capital.

* Once, one shed the boots and hangs the coat.. He or she should not be a burden to barracks…

* Those in retreat should not be allowed to poke into ‘the Standing Army of our motherland’ whether it is regular or volunteer!

* Those in the midst of no words or deeds; and acclaimed of Unwinnable War; until we were victorious, to stay aside! Give them the best respect… but none should demand or command the Army of today or tomorrow!

* Do not let anyone overpower your capability and capacity! We have come a long way; wounded, injured many times, we crawled and rolled over the carcasses of our own men… and those without eyes, ears or limbs. We carried them; they carried us, until several bled to death. We bury most in their adolescence underneath this soil. Respect those sons of the soil first; and then the rest.

Having discussed qualities of leadership and stewardship before naming the late Gen Denzil Kobbekaduwa and the late Maj Gen Wijaya Wimalarathne as men who demonstrated stewardship, Gallage extended his heartfelt gratitude to Army Chief Lt Gen Mahesh Senanayke and Madam Chandrika Senanayaka for being part of the team during difficult and complex times in combat.

* My Commander was once a Planner, once Spy, once a Detective; He never let any of our gun or barrel go empty, for us to contest in combat … Furthermore, his continued guidance and advice to me as the Commander Security Forces, Jaffna, was an immense vigor to me as an individual…. And lastly for being so concerned of my wellbeing; ever since he assumed the office as the 22nd Comander of the SL Army.

* And, for the officers’ abide by the ‘Unity is Strength’ or the officers of ‘Keterian family’; not to forget fact, that you were the ‘Flag Bearers’ of Infantry, in combat; and you should remain to be the ‘Flag Bearers’ during hard earned peace, by providing fullest strength to the vision of the Col of the Regt; Maj Gen Shvendra Silva; it is a Whole New Ball Game!. Whatever it may be, implementation is in your hands.

Fonseka’s shocking disclosure

SPECIAL REPORT : Part 235

September 11, 2018, 9:45 pm 

By Shamindra Ferdinando

Field Marshal Sarath Fonseka’s recent admission that the cabinet had never discussed Sri Lanka’s response to alleged war crimes allegations highlighted the culpability on the part of the National Unity Government for depriving the country of a proper defence.

Cabinet regularly meets on Tuesday morning with the participation of President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe

The Sinha Regiment veteran and war-winning Army Chief said so at a media briefing at his ministry at Rajagiriya in response to a query posed by the writer. Fonseka’s disclosure was quite a shock. Fonseka claimed that since he joined the cabinet the issue had never been discussed with him. Fonseka explained that security matters had been discussed with him before the change of government in January 2015. Referring to Sri Lanka’s response to war crimes accusations, Fonseka said not a word had been spoken with him about it.

Obviously, Fonseka, too, hadn’t taken up the issue for obvious reasons. Fonseka’s Army brought the war to a successful conclusion in May 2009.

The UNP accommodated Fonseka in the cabinet in late February 2016 following the demise of National List MP M.K.D.S Gunawardena. The UNP rescued Fonseka after his Democratic Party failed to secure a single seat at the August 2015 parliamentary poll. Fonseka received the regional development portfolio.

Can the government justify its failure to explore ways and means of countering war crimes allegations especially against the backdrop of evidence contrary to the Geneva Resolution unanimously adopted in early October 2015?

Before discussing Fonseka’s revelation further, it would be pertinent to examine two other statements made by Fonseka’s colleagues in Nov 2017 (Dayasiri Jayasekera in his capacity as the Cabinet spokesperson) and Aug 2018 (Mahinda Samarasinghe in his capacity as the SLFP spokesperson).

Both Jayasekera and Samarasinghe acknowledged that cabinet of ministers had not discussed Sri Lanka’s defence nor examined the Geneva Resolution, respectively. The revelations made by Lord Naseby’s on the basis of wartime British High Commission dispatches (January-May 2009) exposed the Sirisena-Wickremesinghe government deliberately depriving Sri Lanka a proper defence. Instead of utilizing Naseby disclosure in the House of Lords in mid Oct 2017, the government struggled to suppress UK dispatches. The following story was carried on Nov 16, 2017: War crimes: Cabinet spokesman provoked by query on govt. response to Naseby move

Cabinet spokesman and Sports Minister Dayasiri Jayasekera yesterday (Nov 15, 2017) said that a statement made by Lord Naseby in the House of Lords would be used by the government appropriately at the right time, though the Cabinet was yet to discuss it.

Jayasekera said that they wouldn’t take up issues pursued by The Island the way the newspaper wanted. It had not been taken up by the Cabinet on the basis it wasn’t considered so grave a matter, the minister said. The minister initially asserted that Lord Naseby’s statement wasn’t directly relevant to the Geneva issue.

The SLFPer said so when The Island asked him whether the Cabinet of Ministers had discussed Lord Naseby’s defence of the previous administration as well as the armed forces on Oct 12 pertaining to war crimes allegations before it was taken up in parliament on Nov 14.

The Island also sought their stand on President Maithripala Sirisena’s admission on Nov 9 that some retired and serving army officers had been refused visas by certain countries.

Having faulted The Island for raising a question on the same lines, the Minister alleged that his comments in respect of the Geneva issue two weeks back at the post-Cabinet media briefing hadn’t been properly reported by The Island. Jayasekera also said that The Island was there only to raise the Geneva issue.

The Island rejected the Minister’s accusations and pointed out that the government’s opinion on Naseby’s statement was sought as the British Lord had said that a maximum of 7,000-8,000 died on the Vanni front not 40,000 as alleged by a UN panel and Sri Lanka never purposely targeted the civilian population. Lord Naseby also pointed out that of them, one fourth were LTTE cadres.

Minister Gayantha Karunatilleke and Military Spokesman Maj. Gen. Roshan Seneviratne refrained from commenting on the issue.

Minister Jayasekera said they really appreciated Naseby’s defence and it was a victory for Sri Lanka."

The relevant section of the story carried on Aug 18, 2018: Cabinet never discussed 2009, 2015 Geneva Resolutions – MS

One-time presidential human rights envoy and the incumbent Ports and Shipping Minister Mahinda Samarasinghe on Thursday (Aug 16) acknowledged that Sri Lanka’s decision to co-sponsor the Geneva Resolution 30/1 in Oct 2015 hadn’t been discussed by the Cabinet of Ministers.

Vice President of the SLFP and party spokesman Samarasinghe said that the Foreign Ministry had handled the post-war process that led to the agreement on the Geneva Resolution. Samarasinghe asserted that there was no requirement to take it up at the Cabinet.

Samarasinghe said so when The Island asked him whether the Cabinet of Ministers had discussed the issue in the run up to the controversial decision to co-sponsor Geneva Resolution in Oct 2015 and acted on revelations that came from wartime British High Commission dispatches from Colombo that cleared Sri Lanka of killing 40,000 civilians on the Vanni east front in the final phase of the war.

Samarasinghe acknowledged that Lord Naseby’s revelations made to the British House of Lords, too, hadn’t been discussed at the Cabinet.

Samarasinghe explained that the previous Rajapaksa government adopted a similar strategy in respect of the U.N. Human Rights Council resolution passed in May 2009 celebrating the battlefield defeat of the LTTE.

Sri Lanka brought the war to a successful conclusion on the banks of the Nanthikadal lagoon in May 2009.

The then minister for Disaster Management and Human Rights Samarasinghe emphasized that the procedure leading to the resolution had been handled by the mission there in consultation with President Mahinda Rajapaksa and the Defence Ministry.

Sri Lanka itself submitted the resolution stressing its sovereign right to act without outside interference, which received the approval of the Human Rights Council.

Samarasinghe said that neither the 2009 nor 2015 Resolutions had been discussed at the cabinet but following the second declaration President Maithripala Sirisena on several occasions categorically rejected foreign judges in a domestic judicial process.

President Rajapaksa headed the 2009 Cabinet while President Sirisena has chaired the Cabinet of the National Unity Government since January 2015.

Comparing the status of judiciary during the previous administration and post-2015, Samarasinghe said that the international community hadn’t pursued a hostile agenda following the change of government. Samarasinghe asserted that the international community realized the much improved judiciary and, therefore hardly put any pressure on the government to accept foreign judges.

Samarasinghe pointed out that the UNSG Panel of Experts (PoE) comprising former Indonesian Attorney General Marzuki Darusman, US attorney-at-law Stevan Ratner and South African human rights activist Yasmin Zooka in March 2011 accused Sri Lanka of massacring 40,000 civilians.

Samarasinghe recalled his role during the previous administration in defending Sri Lanka against unsubstantiated war crimes allegations directed at the military.

In an obvious reference to a leaked US diplomatic cable from Geneva a few months after the end of the war, Samarasinghe said that the LTTE could have been defeated much earlier if the then government and the military hadn’t taken the civilian factor into consideration.

Samarasinghe discussed the possibility of some of those categorized here as dead and missing living overseas. The Minister expressed serious concern over the refusal on the part of Western governments to cooperate with Sri Lanka to identify genuine cases of missing persons. Samarasinghe said that further difficulties had been caused by those Sri Lankan receiving citizenship in Western countries taking new identities.

Samarasinghe said that he had urged Western governments to assist Sri Lanka’s efforts to ascertain the truth."

Can there be an explanation for a government refusing to clear itself of responsibility for war crimes in spite of receiving an opportunity to do so?

Sarath Weerasekera on the offensive

One-time Navy Chief-of-Staff Sarath Weerasekra flayed the government over Fonseka’s disclosure.

A recent reply received by the writer from the Foreign Ministry in response to queries raised in accordance with the Right to Information law revealed the ministry is certainly not keen on pursuing the Naseby disclosure. Mangala Samaraweera functioned as the Foreign Minister in the National Unity Government before being replaced by Ravi Karunanayake in May 2017. Karunanayake quit the ministry in Aug 2017 in the wake of the revelation of him and his family’s damning relationship with Arjuna Aloysius, owner of disgraced primary dealer, Perpetual Treasuries implicated in treasury bond scams perpetrated in Feb 2015 and March 2016. Karunanayake’ resignation paved the way for one-time Attorney General and President’s Counsel Tilak Marapana. Unfortunately, Marapana and Defence Secretary Kapila Waidyaratne, a former Senior Additional Solicitor General in spite of their legal background steadfastly refrained from reviewing the situation.

Lanka having co-sponsored resolution against itself in Oct 2015, the Foreign Ministry seems hell bent on somehow keeping the Geneva project on track.

Weerasekera last week compared the UNP-led government handling of Geneva Resolution with the Feb 2002 signing of a Ceasefire Agreement (CFA) by then PM Ranil Wickremesinghe, at a public gathering at Godakawela, Ratnapura chaired by wartime Defence Secretary Gotabhaya Rajapaksa. Weerasekera, who had served as an UPFA lawmaker representing the Digamadulla electorate for one term said that the UNP never bothered to consult the Cabinet or parliament before entering into the Oslo-arranged agreement that recognized an area under the LTTE control.

Displaying The Island front-page reportage of Fonseka’s media briefing, Weerasekera said that the government owed an explanation as to why such a vital issue was never taken up for discussion. The CFA strengthened the LTTE politically, socially, economically and militarily at the expense of the Sri Lankan state. Under cover of the CFA, the UNP ruined the Directorate of Military Intelligence (DMI) on the pretext of investigating an alleged bid to assassinate the then UNP leader Ranil Wickremesinghe. In the wake of the change of government, the government vigorously pursued the DMI, Weerasekera explained, urging the public to be cautious of the UNP strategy.

Weerasekera said that the parliament hadn’t addressed the war crimes issue though it discussed every other issue. The parliament discussed the relevance of British High Commission dispatches several weeks after Lord Naseby’s disclosure in the House of Lords. Foreign Minister Marapana assured parliament that British High Commission dispatches would be used as an ace at the appropriate place at the right time. Marapana said: "We are not saying that we will not use Lord Naseby’s statement. We certainly will use it at the proper time and at appropriate forums. There may be a time when the UNHRC will ask us to conduct investigations into the allegations of war crimes. We will use this statement when such a time comes. Otherwise, our opponents will find counter arguments so we must use it as an ace."

The Foreign Minister was responding to a question raised by Joint Opposition Leader MP Dinesh Gunawardena, as to why Lord Naseby’s statement was not used especially at the Universal Periodic Review of the Human Rights Council in Geneva. The UNPer asserted that the Universal Periodic Review of the Human Rights Council in Geneva wasn’t the forum to take up Lord Naseby’s disclosure.

So far, the UNP-led government hasn’t taken up the matter with Geneva. Since Marapana gave an assurance to parliament to Naseby disclosure as an ace in late Nov 2017, Human Rights Council has met twice in March and June though Sri Lanka conveniently failed to make any reference to Naseby. It would be pertinent to ask the Foreign Minister whether he intended to raise the issue in the course of the ongoing Geneva sessions. The SLFP has done absolutely nothing to influence the UNP-run Foreign Ministry to make representations on behalf of Sri Lanka.

Surprisingly, both the UNP and the SLFP so far haven’t requested Western powers to remove the threat to pusue alleged war crimes, though Lord Naseby on the basis of British High Commission dispatches from Colombo asserted that no one in the then Sri Lankan Government ever wanted to kill Tamil civilians. Lord Naseby said: "Furthermore, the UK must now get the UN and the UNHCR in Geneva to accept a civilian casualty level of 7,000 to 8,000, not 40,000. On top of that, the UK must recognize that this was a war against terrorism, so the rules of engagement are based on international humanitarian law, not the European Convention on Human Rights."

Lord Naseby explained how the British government desperately tried to prevent the disclosure of wartime dispatches from Colombo. The Conservative politician revealed step-by-step how he sought official intervention in terms of the freedom of information submission following UK Foreign and Commonwealth Office suppressing Colombo dispatches. Don’t forget even the released dispatches were severely censored but the very little revealed was sufficient to challenge the main UN allegation.

The yahapalana government is obviously concerned about the growing challenge to unsubstantiated the charge of 40,000 civilians massacred in 2009. In fact, this is the main accusation among five allegations contained in the executive summary of the panel’s report. Let me reproduce the relevant section verbatim (point number 137 in the report): "In the limited surveys that have been carried out in the aftermath of the conflict, the percentage of people reporting dead relatives is high. A number of credible sources have estimated that it could have been as many as 40,000 civilian deaths. Two years after the end of the war, there is still no reliable figure for civilian deaths, but multiple sources of information indicate that a range of up to 40,000 civilian deaths cannot be ruled out at this stage. Only a proper investigation can lead to the identification of all of the victims and to the formulation of an accurate figure for the total number of civilian deaths."

Marapana declaration that Naseby’s disclosure would be used at the appropriate place should be examined against the backdrop of Sri Lanka having to fulfill its obligations by March 2019 in terms of of the Oct 2015 co-sponsored resolution. Once the obligations are met Nasebys’ disclosure is irrelevant. The former AG is allowing the Geneva agenda to progress unhindered, while the Joint Opposition struggles to cope up with political developments.

The JO never really raised the Naseby issue though it was taken up in parliament in the last week of Nov 2017 by way of an adjournment question. The JO never sought an explanation from Marapana as regards his pledge to parliament that Naseby’s disclosure would be used at the appropriate place and at the right time. The parliament Sectoral Oversight Committees on international relations and national security, cabinet as well as political parties represented in parliament haven’t taken up accountability issues. Parliament owes the public an explanation as to why people’s representatives have allowed war crimes accusations to overwhelm the country by steadfastly refusing to present genuine evidence to debunk those accusations. Fonseka’s disclosure must have stunned the public. Imagine a government neglecting its own defence and shamelessly colluding with those foreign powers out to hang war crimes tag on Sri Lanka. For want of parliament intervention as well as the collective responsibility of the cabinet, a few individuals have taken charge of the Geneva project. If not for treasury bond scams perpetrated in Feb 2015 and March 2016, the UNP could have achieved much more progress and perhaps even managed to enact a new Constitution by now. The UNP never really recovered from the treasury bond scams that caused irreparable damage to its relationship with President Sirisena due to the latter launching devastating attacks on his partner in the run up to Feb 2018 Local Government poll. The Joint Opposition/Sri Lanka Podujana Peramuna would never have achieved victory at the LG poll if not for both the UNP and the SLFP suffering due to treasury bond scams. They each suffered debilitating setback electorally, but the Geneva project seems still on track.