Pillay’s impartiality in question due to serious conflict of interest

by Philip Fernando

Commissioner Navi Pillay could not in good faith proclaim that her ethnicity (S. African born and of Tamil descent) does not put her in a pickle in trying to be an impartial Human Rights Commissioner. Her ethnic affinity creates an obvious conflict of interest which threatens the impartiality required of a Commissioner, a judicial position she now holds. If a person with Sinhala ethnicity were to be named Commissioner - he or she would be shot down as a seemingly biased person. Pillai’s predicament stems from the seriously conflicted position she is in despite her assertions to the contrary.

Conflict of interest is a respected axiom for persons who are obliged to be fearlessly impartial where not even a semblance of partisanship should exist. Such a person must be always be fair and seemingly so.

This is no affront to Pillays inherited ability in particular but a universal adage internationally recognised. In such an event the person must recluse from being the adjudicator. That is the only option Pillay has in order to be impartial.

Pillai must recluse herself as arbiter on Sri Lankan matters

The sanest thing for Commissioner Pillai to do is to recluse herself in being the arbiter on Sri Lankan matters. She can continue to function as Commissioner on matters affecting other countries, but not Sri Lanka or South Africa - pretty elementary, Commissioner Pillay!

Commissioner Pillay has a duty to more than one racial group, but cannot do justice to the actual or potentially adverse interests of all. Pillay’s personal interests or concerns are inconsistent with the best for one group and her ethnic background is contrary to her loyalty to public duty, which Pillay is under oath to uphold.

It is common knowledge that an attorney, an accountant, a business adviser or realtor cannot represent two parties in a dispute and must avoid even the appearance of conflict.

He/she may not join with a client in business without making full disclosure of his/her potential conflicts, he/she must avoid commingling funds with the client, and never, never take a position adverse to the customer. Pillay is ignoring all norms of proprietorship carrying on regardless despite the obvious conflict of interest.

Pillai’s hard-wired altruism towards her own

Pillay’s body language indicated that she was peeved with so many things happening in the North. The sense of optimism now prevailing there and the dire need to prevent ethnic conclaves existing in any part of Sri Lanka were two salient features of the post-war mind-set.

Those seemed anathema to Pillay. Sociologists claim that political inclinations are informed by a person’s home, institutions and social groups. Navi Pillay’s evolutionary instincts shaped her political preferences - the hard-wired levels of altruism towards her own. Most people are kinder to others in the same tribe - political party, race, nationality, and the like.

Sri Lanka has expended substantial outlays of investment on the North and East, Pillay just dismissed them talking of a holistic approach. The post-war resurgence in the North and East is a direct affront to Pillai’s convoluted notions of public good.

She has yet to produce anything substantial to justify her stance.

Pillai exhibited her bias openly during her visit to Sri Lanka

Her opening remarks at the press conference stated, “I would like to pay my respects to all Sri Lankans, across the country, who were killed during those three decades of conflict, and offer my heartfelt sympathy to their families, all of whom - no matter who they are - share one thing: they have lost someone they can never replace. I have met many people during this visit whose relatives or spouses - both civilians and soldiers - are known to have been killed, or who are missing and may well be dead.”

Yet Pillay had a one-sided fact finding mission meeting with folks in the North - even a private meeting with a priest. There were hundreds of civilians in the south massacred by the Tigers including some respected monks. Pillay just gave a pass to all that.

She threw in a dart to sound impartial stating “the LTTE was a murderous organisation that committed numerous crimes and destroyed many lives. In fact, my only previous visit to Sri Lanka was to attend a commemoration of the celebrated legislator, peacemaker and scholar, Neelan Tiruchelvam, who was killed by an LTTE suicide bomb in July 1999.

Those in the diaspora who continue to revere the memory of the LTTE must recognise that there should be no place for the glorification of such a ruthless organisation.” Pillai seemed to have been oblivious to some who flocked to her meetings glorifying the Tigers in more ways than one. Pillay was quite at home with those folks, their language and social behaviour. Pillay was by no means seemingly or in fact impartial.

The hunch Sri Lankans had about Pillay

In a media release issued by the Presidential media unit, detailing the discussion the President had with Commissioner Pillay, said that many topics were discussed during the meeting. President Rajapaksa told Ms. Pillay that there is a belief among many Sri Lankans that the United Nations is biased in the way it deals with countries, and he said he urged those who voiced these concerns to him not to prejudge the report Ms. Pillay is due to issue” the release said.

In an interview with The Australian , the President said that Sri Lanka is no longer a story of conflict, it is now a story of development. “Sri Lanka since the end of the conflict has been a nation at peace. In under a decade per capita income has trebled to $3,000.

In the best years during the war, tourist arrivals to Sri Lanka reached 450,000.

Last year, there were a million international visitors. This year there will be 1.5 million. The economy is growing by nearly seven percent, having had an eight percent growth in 2010 and 2011. “We can sustain six percent growth.” President said. “Peace is the driving force behind growth.

Sri Lanka never targeted civilians

The President denied the Sri Lanka security forces knowingly or intentionally killed civilians. “In a war like this, it was a war against terrorists. If we had killed civilians, civilians would never have come to us. But some 300,000 civilians fled to our side. When people tried to flee from the LTTE, the LTTE shot them.

To the outside critics I say come and see for yourselves.” President Rajapaksa said the international LTTE network is still alive and well, or at least the networks among the Tamil diaspora, which formerly raised funds and waged information campaigns on behalf of the LTTE. “The LTTE sympathiser networks have been in this business for a long time. It was their big money-raiser. They are still doing it today.’

Courtesy: Asian Tribune