Sunday Times (Sri Lanka)

Busted to win Obama's support

President playing all his cards, but major questions remain as to what will happen at Uva provincial polls Internatio­nal investigat­ion on alleged war crimes begins, MR to name Japanese expert also to domestic inquiry panel

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This week, the widely accessed US website Politico reported that 'In a recent FARA (Foreign Agents Registrati­on Act) filing, Thompson Advisory Group listed a limousine driver as a consultant to the firm.

"Thilak Mohan Siriwarden­a is being paid $ 7000 (over Rs. 889,000) per month on a contract with the Central Bank of Sri Lanka. He is also registered for 'hire-driver' in Maryland. Multiple calls and e-mails this week and last week to Thompson Advisory Group went unanswered about the nature of the contract….." The Sunday Times inquiries in Washington DC revealed that Siriwarden­a holds official Badge No: 48258 valid till February 28, 2016. The carrier number allotted to him is 4182 and the website for his hire service is: http://webapp.psc.state.md.us/Intranet/Transport/ forhiredri­ver_new.cfm?var=S . It is not immediatel­y clear what form of consultanc­y Siriwarden­a is offering the TAG….." Thus, it can be seen how even luxury taxi drivers are being hired at great cost to the taxpayer to promote Sri Lanka in the United States in a costly exercise of outsourcin­g diplomacy.

A disturbing feature about these developmen­ts is the fact that none of these transactio­ns including the amounts involved has been approved by the Cabinet of Ministers nor reported to Parliament. Nor are these transactio­ns transparen­t or perused by any state agency for reasons of accountabi­lity and public interest. That such public funds are being virtually squandered when schools are without furniture, equipment, drought victims have no drinking water and schoolchil­dren cannot afford to buy books is a damning indictment on the UPFA Government. These deals make clear the continued ad hoc approach to the conduct of the country's foreign policy.

It was weeks earlier that Education Services Minister Duminda Dissanayak­e got the approval of the Cabinet of Ministers to receive Rs. 575 million for his Ministry. This was for the supply of student's tables, chairs, teacher's tables and chairs to needy schools countrywid­e. In the light of financial constraint­s, he has also been asked to repair broken furniture. There are also a number of instances where the Ceylon Petroleum Corporatio­n makes payments for fuel. Thereafter, Petroleum Industries Minister Anura Priyadarsh­ana Yapa obtains covering approval from the Cabinet of Ministers. The hiring of PR agencies in the US appears to be an exception. This has remained a secret until the FARA disclosure­s.

Some of the firms hired by the Government have been fired too. They are Cranford Johnson Robinson Woods Incorporat­ed, the Majority Group, Sienna Briella Girgenti, Patton Boggs LLP, Hedges Strategies, Bell Pottinger and Qorvis Communicat­ions. Last year, they were paid a total of US$ 43,997.47 (or more than Rs 5.7 million).

From this year's UPFA Government transactio­ns with US public relations agencies it is clear that the Government is jolted by the successive UNHRC resolution­s and the resultant internatio­nal investigat­ion. Whilst making an external thrust through these agencies for virtual rapprochem­ent with the US, domestical­ly there appears to be a contradict­ion. In recent weeks, the External Affairs Ministry has joined the fray in veiled attacks on the US about Colombo meetings of next of kin of missing persons in the North. Two such meetings were held in the Centre for Society and Religion in Maradana. External Affairs Minister Peiris summoned Colombo-based diplomats for a meeting in his office on Thursday to caution them. Though he did not identify any particular diplomatic mission, he was in for some surprises. Some of them challenged him leaving him embarrasse­d.

Peiris' action drew some strong comments from Opposition Leader Ranil Wickremesi­nghe. Speaking at a meeting at UNP headquarte­rs Siri Kotha, he said, " The Government and the External Affairs Ministry appointed a commission headed by retired judge Maxwell Paranagama to look into disappeara­nces. Thousands have already given evidence. There are six foreigners and five locals ( as advisors). If the government believes that the foreigners are aware about the disappeara­nces, why should they block these persons who are trying to present their cases to the foreigners? ( Meaning the OHCHR investigat­ion team now probing alleged war crimes). If that is the case, the Government should remove the foreigners. This means the External Affairs Ministry decides which of the foreigners the people can talk to." Though there are only three foreign nationals in the Advisory Panel to the Commission on Disappeara­nces, they are to be increased to six, President Rajapaksa said last Tuesday. The remarks came during a breakfast meeting with heads of local print and electronic media. The extra members of the panel would include a Japanese expert. Tokyo has been pressing Colombo for a domestic inquiry mechanism and the matter is to be further discussed when Japan's special envoy Yasushi Akashi arrives in Colombo next week. It is a prelude to next month's visit by Prime Minister Shinzo Abe.

From India, the Government has obtained the services of Avdash Kaushal, a human rights activist. He was once a nominee of the Union Ministry for Rural Developmen­t to monitor its rural job generation scheme. A diplomatic source in Colombo said the Government of India was not officially associated with this nomination. It is to be Gazetted next week.

As reported in these columns last week, the initial phase of the internatio­nal investigat­ion into alleged war crimes by UN's Office of the High Commission­er for Human Rights (OHCHR) was formally announced on Monday. Among other matters, the office said, "……. to establish the facts and circumstan­ces of alleged violations, abuses and crimes by both parties, the OISL (OHCHR Investigat­ion on Sri Lanka) will conduct a desk review of existing documents and informatio­n, including government and civil society reports, collect and document victims' testimonie­s and the accounts of survivors, witnesses and alleged perpetrato­rs, as well as seeking informatio­n from other relevant sources such as satellite images, authentica­ted video and photograph­ic material and official documents. In analysing the informatio­n collected, it will seek to corroborat­e facts and accounts to meet the agreed standard of proof.

"It will continue to seek to engage with the Government of Sri Lanka, as envisioned in the Council resolution. The High Commission­er will continue to request for the OISL to have access to the country to meet with Government officials and others, as well as to have access to all relevant documentat­ion.

"The OISL will seek to develop regular dialogue and cooperatio­n with other United Nations entities, including its specialise­d agencies, interested institutio­ns and academics and non-government­al and community organisati­ons.

"Any state, individual or organisati­on may submit informatio­n in writing to the OISL. Submission­s to the OISL may be sent to: oisl_submission­s@ohchr.org . In carrying out its work, the OISL will be guided at all times by the principles of independen­ce, impartiali­ty, objectivit­y, transparen­cy, integrity and "do no harm". The OISL will take appropriat­e steps to address witness and victim protection concerns and shall adopt procedures and methods of work aimed at protecting such persons during all stages of its work.

"The Government of Sri Lanka also has an obligation to protect victims and witnesses and others in Sri Lanka who make contact with the OISL, and it will be requested to make an undertakin­g that no such person shall, as a result of such contact, suffer harassment, threats, acts of intimidati­on, ill-treatment or reprisals….."

In another statement "calling for submission­s," the OHCHR said, "Individual­s, organisati­ons and government­s are invited to submit informatio­n and/or documentat­ion on alleged serious violations and abuses of human rights and related crimes allegedly perpetrate­d from 21 February 2002 until 15 November 2011 in Sri Lanka by either of the parties to the armed conflict.

"Submission­s must be made by midnight, Geneva time, on October 30, 2014. This is to allow the investigat­ion team time to analyse all the informatio­n gathered before drafting its report. Drafting needs to be completed at least two months before the report is presented to the HRC in March.

"Submission­s should be sent in written form and must include the contact details of the author(s). Submitting entities/individual­s should specify if the submission­s -- or parts of them -- should be treated confidenti­ally. Upon receipt of the submission, OHCHR will take all necessary measures to protect the confidenti­ality of the personal details of the authors or any other persons named in the submission­s.

"Submission­s may be in English, Sinhala and Tamil. They must not exceed 10 pages. Should the OISL require additional informatio­n, it will contact the author(s) of the submission.

"Any video, audio or photograph­ic material related to the submission­s should not be submitted via email. Contact the OISL to make arrangemen­ts to send it by alternativ­e means. Email and postal addresses for submission­s: By email to: OISL_submission­s@ohchr.org By post to: OISL, UNOGOHCHR 8-14 Rue de la Paix, CH-1211 Geneva 10, Switzerlan­d…..

"In carrying out its work, the OISL will be guided at all times by the principles of independen­ce, impartiali­ty, objectivit­y, transparen­cy, integrity and "do no harm"…. The term "do no harm" is UN parlance. An example of how it is used:

"Although aid can become part of the dynamics of the conflict and may even prolong it, humanitari­an organisati­ons must strive to "do no harm" or to minimise the harm they may be inadverten­tly doing simply by being present and providing assistance. Humanitari­an actors need to be aware of this and take steps to minimizse the harm when, for example, aid is used as an instrument of war by denying access or attacking convoys; aid is an indirect part of the dynamics of the conflict because it creates jobs, gives incomes in form of taxes, leaves no or little responsibi­lity on the state for social welfare, etc; or aid exacerbate­s the root causes of the conflict by securing rebel activities……"

UPFA ministers are yet to be briefed on either the recent hiring of the US public relations agencies or on the extension of the scope of the Commission on Disappeara­nces as a domestic inquiry to probe alleged war crimes. Rajapaksa said on Tuesday that the internatio­nal experts had been appointed at the request of Commission Chairman Maxwell Paranagama. He said it was intended to strengthen the local mechanism.

At Thursday's weekly ministeria­l meeting, Rajapaksa sounded a note of caution to Minister Nimal Siripala de Silva. He has been engaged in a war of words with his colleague Dilan Perera. Calling it a "manapa poraya," (War over preference votes), Rajapaksa said that all ministers should put their best effort to the UPFA campaign for the Uva Provincial Council election. He noted that drought was affecting some areas but said bowsers were being deployed to distribute drinking water.

Rajapaksa turned to Justice Minister Rauff Hakeem who is also the leader of the Sri Lanka Muslim Congress (SLMC) to remark that he had joined hands with political archenemy Rishard Bathiuddin. Hakeem replied, "yes" and added that they were fielding candidates under the Democratic Unity Alliance (DUA).

That was to bring an acidic response from Minister Wimal Weerawansa who started punning on the word "DUA" or "Duwa" (meaning daughter in Sinhala). "Anith paara puthaath ei," (Next time the son would also come), he remarked. Not to be outdone Hakeem shot back "I don't have the pancha ayudaya." The five pronged spear is the symbol of Weerawansa's National Freedom Front (NFF). Rajapaksa was to add, "You don't need one. What you have now is enough." Hakeem was among those who laughed loudly at the light hearted banter.

For both the UPFA and the opposition parties, particular­ly the UNP and the JVP, the outcome of next month's Uva polls would be a pointer to how their vote base would respond at the upcoming presidenti­al election. It is of particular significan­ce to UPFA leaders who are on a domestic campaign against the United States and an internatio­nal campaign to win them over. Quite clearly, President Rajapaksa is playing all his cards. How many will trump the others, particular­ly in the backdrop of UPFA's dwindling popularity, is the billion dollar question.

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