Fonseka’s utterances cannot be used as evidence - Foreign Minister

by Manjula FERNANDO

In an exclusive interview with the Sunday Observer, Foreign Minister Rohitha Bogollagama spoke of the implications of alleged statements made by Opposition Presidential Candidate Sarath Fonseka, the improving ties between the US and Sri Lanka, countering LTTE propaganda and new directions in the foreign service.

Q: Former Army Commander-turned-presidential candidate Gen. Sarath Fonseka has allegedly claimed that surrendering LTTE leaders could have been killed under orders from the Defence Secretary. What impact will this statement have on Sri Lanka internationally ?

A: An Army commander’s role at a time of military engagement lies in terms of direct responsibility associated with the actions of the Army. Here is an Army Commander turned politician making allegations to outside parties.

Thereby the world will look at the information coming from a former Army Commander as material that could be used against persons who have been cited in these allegations. To that extent the betrayal of your own Forces is an obvious conclusion. Any privileged information cannot be shared outside the doctrine to which you belong. Hence there is a direct violation of the legality of making such accusations.

After six months, of the end of the military engagement, a person who has turned to be a politician making such an accusation will have only little credibility. But the fact remains that this betrayal has become the main theme for his political platform.

Q: Sri Lanka was successful in defeating international conspiracies to frame its leaders with war crimes charges so far. Will all that change with this development?

A: When the US report on war crimes came out, the first statement issued by me was that these accusations were both unfounded and uncollaborated. The US report itself said whatever they have alleged will not lead to any legalistic findings. As a sovereign state in countering terrorism, Sri Lanka has held out to the world the need to be responsible and transparent. That is why the world at large including the United Nations called on the LTTE to lay down arms and surrender. This call never came before, during the last 30 years. But the world realised that the Government of President Rajapaksa has a legitimate right to counter terrorism and protect the sovereignty and territorial integrity of Sri Lanka against the separatist, extremist terrorist movement. President Rajapaksa has given leadership and has today countered this movement comprehensively. The endorsement the Government received from a cross section of the international community of the post conflict initiative including the immediate resettlement of IDPs has given credence to the efforts during the phase of direct engagement with the LTTE.

The humanitarian effort in rescuing about 280,000 civilians held hostage by the LTTE itself will justify all means employed for that exercise. What the world called for was to ensure that there is reconciliation and healing that would take place after a conflict. Today that process is very much on. The pluralistic society of the North is fast emerging for a wider engagement of the entirety of the polity of the Tamil people. For the first time after thirty long years all are enjoying equal opportunities in terms of political and economic pursuits right across the country. The fear of terror and intimidation has completely vanished from the landscape of Sri Lanka and the International community has become very appreciative of these facts during the last few weeks. As the Foreign Minister I have engaged with over 60 countries during the last two weeks, starting from CHOGM, ending with the BIMSTEC in Myanmar where I met with leaders who in one voice acknowledged our efforts.

The LTTE propaganda mill overseas is still active. They use website and electronic media for allegations. Now these are part of the same mission of the LTTE to target Sri Lanka. We have been transparent to the extent the Tamil Nadu parliamentary delegation comprising the Tamil Nadu members of Parliament led by MP Baalu having been able to get a first hand impression of what was happening in Sri Lanka. He said the Government is doing an admirable job in addressing the IDP issue.

Any allegation levelled against the Government on any of the issues will be viewed seriously and will be addressed and responded accordingly. That is why President Mahinda Rajapaksa has appointed a high-profile expert panel to advice. When the US Report to the Congress where certain allegations were made surfaced, the President went on record to say let this Panel advice me on what action we should pursue, even though the report contained unsubstantiated allegations.

Now here is an Army Commander who has virtually betrayed some of the actions of the very Army he commanded. It’s an unfortunate situation if you look at the individual concerns but overall as for the Government of Sri Lanka we are ready to meet the responses and to provide the answers without hesitation, because we maintained the highest level of responsibility and accountability.

Q: He was the Commander of the Army during the final war against the LTTE.

But he made this statement as a political candidate. Can his statement be used as evidence in an international court of law?

A: Every statement cannot be treated as evidence. A statement must relate to facts that should be collaborated to become evidence which can be used or believed. The legal system will have a certain amount of protectionist provisions, that is something that necessary provisions of the legal system will have to prevail and at the same time such so-called positions have to be articulated before the relevant tribunes.

Q: The Government used the term ‘betrayal’ to describe the statement issued by Gen.Fonseka. Does this mean the Government admits to what he has claimed?

A: The Government has never said it admits it. There is no occasion of admitting it here. If the Army Commander attributes a position to an outside party, that should have been the knowledge of the Army Commander himself and then to that extent it is a betrayal. If he says that such and such incident took place and the person to be blamed, to have given such orders, is not him but an outsider, but at the same time whatever order received has been carried out by the members of the Army. Now whom are you commanding. You cannot command a section of the army as the Army commander. Either you command a full Army or you don’t command any Army.

Here is an issue of doctrine of betrayal taking its course not a question of facts, whether it did happen or otherwise.

Q: The Obama administration took a tough stand on Sri Lanka during the final stage of the war and in the immediate aftermath. Soon after the war ended serious allegations of Human Rights violations were raised against the Forces. The Government claimed groups with vested interests were behind in bringing up these charges. What is the situation now ?

A: The US is a country with a wide representation both in the House of Representatives and the senate with over 600 members in both these Houses.

The current US-SL relationship is at the highest level. I am quoting a letter I received from John Kerry in which he appreciate measures taken by the Government of SL and to the extent to which we have been extremely transparent in engaging with the international community. The recent report that had gone to the Congress from the Foreign Relations Committee of the Senate speaks that the US Government should engage with Sri Lanka in a positive manner. That clears all these attributes in terms of where the relationship is.

Q: The US Senate Committee on Foreign Relations chaired by John F Kerry has proposed a deviation from its current policy which is solely driven by short-term humanitarian concerns to a ‘broader and robust approach that appreciates new political and economic realities of Sri Lanka and US geo-strategic interests’. Is this a positive outcome or do we have to read between the lines?

A: Congressmen speak in terms of what they believe. John Kerry is a very senior Congressman, a one time Presidential candidate whom I have met with and held extensive discussions. It took a while for the US Congress to realize the post conflict scenario unfolding in Sri Lanka.

This positive development must be taken as a sincere effort on the part of the US Congress.

Q: Will there be a positive shift in the US foreign policy towards post war Sri Lanka, as speculated in international media?

A: Obviously. The US is having a wider focus on South Asia. Indian Prime Minister Manmohan Singh was extended the highest reception in Washington. The first of such State visit under Obama administration was to India. That shows how much they are looking at South Asia. Sri Lanka is an important configuration within South Asia. Currently we are chair of SAARC. The US will always see Sri Lanka as relevant and significant in this context. Our traditional relationship with the US will get further enhanced with the widest possible engagement both on policy and substance. Sri Lanka’s democracy, commitment to Human Rights and the rule of law and elimination of terrorism will stand well for our profile viz-a-viz the US. Today the US is trying to create a similar environment in Iraq and Afghanistan , to free these countries of terror and restore democracy. Here, we have achieved this goal. I am confident the acknowledgement will come soon rather than late.

Q: Despite the positive Senate Foreign Relations committee report, the US has extended the ban on military assistance to Sri Lanka. How do you view this? (House of Representatives approved the US foreign operations appropriation bill where they have proposed to withhold military assistance portion of the US assistance package to SL few days ago. The US congress is to approve it within the next few weeks. The bill becomes law after the assent of Obama.)

A: In fact this is not new. The amendments to the appropriation bill of 2007 continued over 2008-9 and it will get repeated. Our stance is we rather than demand respect we will earn respect. And soon we will earn the respect from US where these restrictions can be lifted. There are some conditions. With the easing of current situation and restrictive environment in the North this will get eased in future.

Q: The US Defence and State Department’s policies over Sri Lanka showed a clear contradiction during the recent past. While the Defence Department took a stand to help Sri Lanka in its fight against terror, initiating arrests and sharing critical intelligence the other remained unyielding and critical. Your comments?

A: The US system is a unique system but a great democracy. Their bureaucracy is compartmentalized and the responsibilities are separated. That is why even President Obama has sometimes mixed certain positions coming from the State Department to that of the Pentagon. That was seen throughout US history. We should not go to comment but appreciate the assistance we have received from the Pentagon as much as the Department of State at times. We should allow the domestic systems in a given country to take its own course.

Q: What is the purpose of the Assistant Secretary of State Robert O Blake’s visit to SL? Any reason for his softened tone at the press conference on Wednesday where he commended resettlement and de-mining activities of the Government?

A: That is something we appreciate. That is the correct assessment on Sri Lanka. That’s what I said we will earn our respect. We didn’t have to demand from him.

He made those comments on his own. He came to Sri Lanka in terms of his responsibilities. He is the Assistant Secretary of State for South Asia, our US contact point. We welcomed and facilitated his visit.

Q: LTTE Political Wing head Rudrakumaran is a US citizen and a practising lawyer. He is not an elusive figure like KP. The LTTE is a banned terrorist organisation in US. How come this known LTTE leader is free? Shouldn’t he be put behind bars?

A: We say he is a LTTEer. He’s responsible for the terror activities of the LTTE. His role in the LTTE make up at the time of terror being committed in Sri Lanka where so many lives have been lost needs investigation towards which we will be always pursuing him to be a person wanted. Let us also finalise further details in that context the way we deal with such fugitives that we are seeking.

Q: Was there a plan or a failed attempt by the Sri Lankan Government to get him arrested last month?

A: I don’t think so.

Q: Although the LTTE is virtually decimated in Sri Lanka, its international network is still intact and its lobbyists are still active in the global corridors of power.

There are allegations the Foreign Ministry/Sri Lankan missions’ contributions to counter ‘LTTE-International’ is unsatisfactory. Your comments.

A: I reject this totally. I think the time has come for me to speak on what the Foreign Ministry and our missions have been able to achieve. Today the success of our international connectivity and the support we obtained for counter terrorism action in Sri Lanka under President Rajapaksa was largely due to the Foreign Affairs Ministry and that of our ambassadors and all staff working overseas.

From the procurement of arms and the shipment of arms, from countering LTTE terror activities and bringing the polity in overseas capitals alive to the true nature of the LTTE were entirely due to the efforts of the Foreign Ministry and to our ambassadors. The canvassing is a round the clock effort by the FM network. In spite of the LTTE being active overseas we are now in a position both to prosecute and persecute and seek the arrest of a lot of their leaders. KP wouldn’t be in Sri Lanka if not for our foreign relations. All ambassadors have been instructed to act as counter LTTE representatives of Sri Lanka. They meet with their counterparts, Foreign Ministers, Parliamentarians and also the intelligence agencies on a regular basis to share material. Our representatives in foreign locations, they do their job so well.

While countering LTTE remnants, the priority will remain as directed by the President, to engage fully with the international community and bring our economic agenda to the forefront. Sri Lanka is to be made a destination for economic activities and raise the living standards of the people. That will be the main platform on which the Government will position its foreign relations in the coming years.