UN did not institute war crime charges against Lanka - Dr. Palitha Kohona

By Shanika SRIYANANDA

In an exclusive interview with the 'Sunday Observer' Sri Lanka's Ambassador to the UN, Dr. Palitha Kohona said that the UN had not instituted war crimes charges against Sri Lanka although certain NGOs have been applying pressure on the UNSG to conduct an inquiry.

"No UN body has authorised the SG to take such a course of action. The largest bloc in the UN, the non-aligned movement, formally objected to any such action by the SG. Knowing their inability to find support in the political bodies of the UN, these elements are now seeking to achieve their goals by exerting pressure on the SG", he said.

Dr. Kohona said that those allegations were not new and the majority of them could be sourced to the well-oiled and effectively funded LTTE propaganda machine which had survived the demise of the terrorist outfit in Sri Lanka.

Dr. Kohona has been appointed by the UN to head the UN's Special Committee to investigate Israeli Practices affecting the human rights of the Palestinian people and other Arabs last week.

Following are the excepts of the interview:

Q: What do you think about the war crime charges levelled against Sri Lanka ?

A: It is unfortunate that these accusations continue to be made based on unsubstantiated allegations, innuendos and suggestion. It is also peculiar that Sri Lanka is being singled out for such harsh treatment in a world where such allegations could be made against any number of countries on the basis of much better documented evidence. It is as if an endless vendetta is being unleashed with a view to punishing Sri Lanka. As we succeeded in convincingly defeating a deadly terrorist group.

Q: Do you think it is justifiable for the UN to institute war crime charges against Sri Lanka when it has crushed the 30-year-old LTTE terrorism ?

A: The UN has not instituted war crimes charges against Sri Lanka although certain NGOs have sought to pressure the UNSG to launch an inquiry. They also know that the Human Rights Council overwhelmingly rejected the efforts made by the EU to institute an investigation against Sri Lanka in 2009. No UN body has authorised the SG to take such a course of action. The largest bloc in the UN, the NAM, formally objected to any such action by the SG. Knowing their inability to find support in the political bodies of the UN, these elements are now seeking to achieve their goals by exerting pressure on the SG. If they succeed, in their a very bad precedent would be set.

Q: Will the continuous pressure from the UN on Sri Lanka affect the UN-Sri Lanka relationship ?

A: Sri Lanka has worked very hard to improve its relations with the UN and it would be counter-productive for the UNSG to persist with its proposal to appoint a panel on Sri Lanka. Professor Peiris, the Minister for External Affairs, conveyed this message during his recent visit to the UN. What we desperately need is space to get on with the task of reconciliation and rebuilding rather than alien prescriptions on how to heal our wounds. Sri Lanka has also provided shelter, food, clothing, health care, etc. to around 300,000 IDPs and resettled the bulk of them in their homes in less than 11 months.

The Sri Lanka Government has appointed. A commission of inquiry with a wide mandate to look into all aspects of the conflict, including breaches of humanitarian standards. Massive development work is taking place in the North and the East. We need help rather than prescriptions to satiate the remnants of the LTTE.

Q: Sri Lanka has technically proved that the Channel 4 allegations were fake. The Human Rights Watch has renewed its call to the UN to investigate the accusations. Do you think that the UN should take a serious note on these fresh allegations (Mostly by these NGOs) at a time when country is heading to rebuild the nation ?

A: These allegations are not new and the majority of them can be sourced to the well oiled and effectively funded LTTE propaganda machine which has survived the demise of the terrorist outfit in Sri Lanka.

In any event, the commission of inquiry is empowered to look into and report on any credible allegations. The commission must be given an opportunity to get on with its work before judgement is passed on it

Q: The Channel 4 is a public broadcaster in Britain and what do you propose to restore the image of the country, which was tarnished twice by telecasting their videos ?

A: The government has taken a series of measures to counter the Channel 4 accusations publicly denouncing them.

Q: It is said that the UN Secretary General was pressurised by some of the Western countries to take action against Sri Lanka by appointing an expert committee. Is there any truth in it ?

A:The SG is the SG of all the member states of the UN. Our expectation is, and we have confidence in this, that his actions will reflect the wishes of the majority of the Member States.

Q: Do you think these charges are propped up each time when the country celebrates or is participating in an important event ?

A: It was more than a coincidence that a number of NGOs and certain other elements got agitated at the time of the first anniversary of the defeat of the LTTE. The LTTE itself could not have asked for anything better. The propaganda advantage to the LTTE and its sympathizers with the concurrence of this frenetic NGO activity against Sri Lanka is enormous and helps them to keep their rage alive. The LTTE, which is running out of sympathy and funds, needs a victory of this nature to keep its funding sources intact.

Q: The International Crisis Group in its recent report has also accused the government of committing war crimes. What do you have to say about this report and the credibility of its findings ?

A: As the Minister of External Affairs has said these accusations are vague, based on unsubstantiated facts and unacceptable leaps in logic. Some of the statements in the IGC report cast serious doubts on the motives of its compilers who seem to be dead set on getting Sri Lanka by hook or by crook.

The fact that the vast majority of the people have democratically endorsed the outcome of the conflict and are immensely relieved seem to be lost on the ICG which simply wants its pound of flesh.

Q: What do you think that the government should do other than issuing a denial ?

A: The Government will continue to take whatever action possible.

Q: The President has appointed a committee to look into the root causes of the conflict and make recommendations to prevent any such conflicts in future. What was the response of the UN to appointing this committee ?

A: We are waiting for a formal response and hope that it will reflect the privately expressed views of senior officials. I note that the US Government formally welcomed the appointment of the commission of inquiry while expressing its expectations with regard to the nature of the inquiry.

Q: The Pro-LTTE international network is still active and what do you think about their activities under the guise of various 'Forums' ?

A:The LTTE and its sympathizers, having failed to realise their deluded goals through a reign of terror and endless violence spanning over 27 years, are now trying to attain the same goals through different means. They still appear to have access to their war chest accumulated over the years and are deploying it in various countries, especially in the West. We need assistance from the relevant countries to trace these funds.

Q: What action has to be taken to tackle the international pro-LTTE elements ?

A: The options available to a legitimately elected government, I must say by an unprecedented majority, are not the same as those available to this shadowy outfit which still remains proscribed in much of the democratic world. But we will continue to deal with this group as best as we can with the assistance of our friends

Q: Do you think these 'Forums' such as the Global Tamil Forum should be banned internationally ?

A: Consistent with the internationally endorsed policies, any terrorist group or groups sympathetic to terrorism should be banned. There are no good terrorists! Terrorism is an unacceptable form of political expression.

Q: Do you think that a dialogue with the Tamil Diaspora would bring a positive outcome ?

A: We are continuing to talk to the Tamil groups resident overseas. Many are beginning to realise that there is now a Sri Lanka different from the country demonised by the LTTE propaganda machine.

For one, the clear majority of the Tamils in Sri Lanka now live in the South among the Sinhala people and get on with their daily lives in a normal way. We are expecting significant, direct investments to come from elements of the overseas Tamil community.

Those who used to fund the LTTE war machine so that someone else's child would die in a mosquito infested jungle in the struggle to achieve a maniacal dream, now have the opportunity to help the remaining children to realise their legitimate dreams by funding their education.

Q: Navi Pillay, the UN High Commissioner for Human Rights has called on Sri Lanka to allow an international probe into the alleged war crime charges during the final battle in May 2009. What is your comment? Is it justifiable for her to call for such an inquiry while the Presidential Commission is going ahead?

A: It is almost impossible to understand this obsession of certain people to make an unprecedented example of Sri Lanka, small, not wealthy and non-European, simply for winning a struggle against dreaded terrorist group that was widely considered to be invincible.

The backing for this push does not certainly come from the vast majority of the members of the international community, and if it will be successful, it will set an unmanageable precedent for the future.

The evidence that the proponents rely on to substantiate their efforts is largely unsubstantiated, wildly general and will never stand up in a court of law.

Nevertheless, this cry for Sri Lanka's blood persists without taking into account the massive support of the people of Sri Lanka for the government that achieved the impossible and delivered them from daily terror and trauma. The government of Sri Lanka has appointed a Commission of Inquiry with a wide mandate to investigate all aspects of the conflict, including accountability issues, and it must be given the space to achieve its mandate so that Sri Lankans can heal their own wounds consistent with their own culture and history.