Some call it the storm before the calm, whilst a majority of pragmatic citizens see it as the calm before the storm. This, many believe, is Sri Lanka’s predicament just before the United Nations Human Rights Council (UNHRC) sessions in Geneva. When an ostrich is in the face of danger, without fleeing it buries its head in the ground, believing that if it couldn't see the danger, the danger simply didn’t exist. That has led to the idea that if a person refused to face painful facts or unpleasant truths, they play “ostrich”. At this juncture, it is none other than Sri Lanka that is trying to play “ostrich” in Geneva and a very miserable act at that too, giving mixed signals to the international community over its commitment to reconciliation. Many feel that this a very dangerous game played by President Maithripala Sirisena in the light of being the head of the good governance administration that was elected, defeating the triumphalist and anti-Western Mahinda Rajapaksa regime, which gave pledges to the international community in no mean measure on reconciliation, democracy, and rule of law. During last week’s meeting between President Sirisena and editors and heads of media, Sirisena was triumphantly spoke about how he was winning the war on drugs and also how the “entanglement” in Geneva was to be sorted thanks to his triumvirate sent to represent Sri Lanka at the UNHRC. International ire The International Truth and Justice Project (ITJP) of the Journalists for Democracy in Sri Lanka (JDS) last week castigated President Sirisena’s decision to send three representatives including former war crimes denier and Rajapaksa regime “Human Rights” Minister Mahinda Samarasinghe to the UNHRC along with MP Dr. Sarath Amunugama and Northern Province Governor Dr. Suren Raghavan. “Sri Lanka is sending a Minister to represent its Government in Geneva who has systematically denied war crimes, threatened journalists, and allegedly intimidated a father whose child was allegedly killed by security forces.” ITJP Executive Director Yasmin Sooka severely criticised and lamented the move although stopping short of naming and shaming Sirisena over the saga. “The Minister’s job is to convince member states that Sri Lanka does intend to implement its 2015 promises to the international community regarding accountability for alleged war crimes. How can any interlocutor take him seriously in this role when he continues to deny there’s even a problem to fix?” Dr. Kasipillai Manoharan, the father of one of the five students murdered in Trincomalee in 2006, gave a sworn testimony that none other than Samarasinghe had contacted him by phone and told him not to talk to foreigners. “The importance of this evidence is that, it not only proves that the GoSL knew early on that their forces were responsible and that there was intimidation and/or attempted bribery of a material witness from the very Minister responsible for protecting human rights in Sri Lanka, but it was intimidation from a person who was, and remains part of the GoSL’s team that represents Sri Lanka at international forums on human rights...” the International Independent Group of Eminent Persons (IIGEP), appointed by Rajapaksa to provide insights to the Lessons Learnt and Reconciliation Commission (LLRC) described in its report. A confidential report to donors by the IIGEP in April 2009 investigating into 16 emblematic cases, found credible evidence that Samarasinghe knew early on that government forces had killed the five youths and injured others in Trincomalee in January 2006 although the Minister has never disclosed that evidence. Samarasinghe’s sins continue Twelve years later, members of IIGEP would be surprised to know Minister Samarasinghe is still representing Sri Lanka in Geneva despite the change of government and professed commitment to dealing with the country’s violent past. “This shows Sri Lanka isn’t serious about accountability and it doesn’t even have the decency to pretend well,” said Sinhalese exiled journalist Bashana Abeywardene of Journalists for Democracy in Sri Lanka. “Imagine what it’s like for victims and their families to see a man like this in Geneva who has systematically denied there was enforced disappearance or summary executions at the end of the war. The Minister hasn’t indicated that he’s changed his mind in the intervening years – quite the contrary.” Samarasinghe threatened reprisals against the Journalists for Democracy group in 2009 after they gave videos of naked, bound Liberation Tigers of Tamil Eelam (LTTE) prisoners being summarily executed by soldiers to Channel 4 News. Nevertheless just last year, Samarasinghe repeated the allegation that Channel 4 news had fabricated the execution videos. Minister Samarasinghe is quoted in the UN Office of the High Commissioner for Human Rights investigation report into Sri Lanka (OISL) as denying reports in 2007 about people who had disappeared:“…the then Human Rights and Disaster Management Minister Mahinda Samarasinghe, claimed that the reports about people who disappeared were the result of the ‘propaganda strategy’ by ‘a ruthless terrorist organisation’ which tried to ‘paint a bleak picture internationally to bring pressure on the Government so that our resolve will be weakened!’” It is worth noting this was a period when enforced disappearance was rampant – a Human Rights Watch (HRW) report at the time collated 498 cases of disappearances, abductions, and missing people that occurred in 2006 and 2007 and even this may be an underestimation. In its 2006, 2007, and 2008 reports, WGEID indicated that it was gravely concerned by the increase in reported cases of recent enforced disappearances. The UN also said in the majority of the cases of enforced disappearances that the security forces were allegedly responsible. In a BBC Hard Talk interview in March 2009, Minister Samarasinghe was asked about reports from Human Rights Watch that young Tamil men and women had disappeared before reaching the camps for the war displaced. He flatly denied this. The UN Investigation report (OISL) recommended “an independent review of the lists of individuals registered as ‘surrendees’” which has not happened to date. In 2018, Samarasinghe responded to the assertion by his ministerial colleague – S.B. Dissanayake – that an LTTE leader Colonel Ramesh had telephoned him 10 minutes before surrendering to government forces in May 2009 after which he was reportedly executed. Minister Samarasinghe however said he totally rejected his colleague’s story because, “if anyone surrenders, a professional army will never take steps to kill them”. This comment by Samarasinghe is of particular significance because the Office of Missing Persons (OMP) has acknowledged that its priority case is the investigation into the hundreds of Tamils who reportedly disappeared after surrendering in May 2009 to the Sri Lanka Army. Samarasinghe is also quoted by the UN’s OISL report as publicising what turned out to be vastly underestimated population figures for civilians in the war zone in 2009 in order to assert that sufficient food was supplied. We now know from UN reports that there were three times the people than the Minister asserted and there was an acute food shortage, with some cases of starvation. The UN Investigation concluded that the significant differences in population numbers could not be “explained by inaccuracies on the part of the Government”. The Minister claimed the Government had stopped using heavy weapons around 20 February 2009 – something refuted in the subsequent UN investigation which said: “The Sri Lankan Armed Forces used indirect-fire weapons, including artillery shells and MBRLs (Multi Barrel Rocket Launchers) on the three No Fire Zones (NFZs) and surrounding areas, causing widespread damage to civilian infrastructure and loss of civilian lives”. The UN also cited the Government in late April (two months after Samarasinghe said it had stopped) announcing that it would stop using heavy weapons. Moreover, the UN said at this point that “the shelling did not stop, and may even have intensified according to some sources”. It is worth noting that the UN said the LTTE lacked heavy weapons from the end of January. The Minister denied his Government was responsible for any civilian casualties, saying (a) civilians had not been targeted and (b) claiming the UN hadn’t accused them of this. He also flatly denied that survivors of the war were put in security forces camp and detained against their will. It is likely that Sirisena, who has been following the footsteps of Filipino President Rodrigo Duarte in combating the drug menace and has been highly triumphant over it, is likely to use his slogan of “let Sri Lanka resolve its own problems” in the upcoming election against the Wickremesinghe regime. However, it is uncertain whether Sirisena’s representatives would consent to the new UNHRC resolution reportedly cosponsored by the United Kingdom on 22 and 23 March. The UNHRC will hold its 40th regular session from 25 February to 22 March 2019 in the Human Rights and Alliance of Civilisations Room at the Palais des Nations in Geneva. The session opened at 9 a.m. on Monday, 25 February under the presidency of Ambassador Coly Seck of Senegal, with key statements delivered by United Nations Secretary General António Guterres, United Nations High Commissioner for Human Rights Michelle Bachelet, the President of the United Nations General Assembly María Fernanda Espinosa Garcés, and the Federal Councillor and Head of the Federal Department of Foreign Affairs of Switzerland Ignazio Cassis. A three-day high-level segment followed the session opening, during which senior officials from more than 90 states and international and regional organisations highlighted human rights issues of national and international interest and concern. Thematic and country reports of the United Nations High Commissioner for Human Rights, the Office of the High Commissioner, and the Secretary General will also presented, including reports or oral briefings on Colombia, Cyprus, Guatemala, Honduras, Iran, Venezuela, and Yemen, and on promoting reconciliation, accountability, and human rights in Sri Lanka. 20A on track? Meanwhile, in its ambitious bid to abolish the executive presidency by enacting the 20th Amendment of the Constitution, its mastermind, the Janatha Vimukthi Peramuna (JVP), ditched hostilities and met its political archrival – former President and current Leader of the Opposition Mahinda Rajapaksa last Wednesday. The JVP was represented by Leader Anura Kumara Dissanayake, Propaganda Secretary Vijitha Herath, and Sunil Handunnetti whilst Rajapaksa was accompanied by Dinesh Gunawardene, Dullas Alahapperuma. Beginning the dialogue, Comrade Anura Kumara Dissanayake said that with the Supreme Court ruling out that the 20th Amendment needed the approval of the people at a referendum, the abolishing of the executive presidency should not be strangled in Parliament but presented to the voters. Rajapaksa said he agreed with a referendum but asked the comrades as to whether there was adequate time, to which Comrade Dissanayake answered in the affirmative. “We believe that the time is adequate. However, if you are planning to present an alternative to abolish the executive presidency other than 20th Amendment, we would agree to that as well. The whole country has suffered enough and more because of the executive presidency,” he lamented. The Rajapaksa camp also said that it had concerns about the electoral system and the Thirteenth Amendment. “In principal, we are in agreement. But at this stage, if we try to sort out electoral issues, elections might be further delayed due to drawbacks in delimitation. As such, let’s face the general election as it is,” suggested Comrade Dissanayake. However, Comrade Vijitha Herath iterated that the 20th Amendment did not wish to revise the 13th Amendment drastically and as such, the non-executive president did have powers over the provincial councils (PCs). “Many are of the view that if executive presidency is abolished it would cause a problem to the PC system. Although in principle, we are in agreement on the abolition of the executive presidency. “ In conclusion, both parties agreed on protesting against the controversial Counter Terrorism Bill (CTB). Alliance derailed The much hyped “Sri Lanka Nidahas Podujana Sandanaya” alliance between the Sirisena-led Sri Lanka Freedom Party (SLFP) and the Rajapaksa-led Sri Lanka Podujana Peramuna (SLPP) seems to have hit a roadblock with both parties losing interest in the proposed coalition. Although President Sirisena was to participate in the SLPP’s protest meeting “Iwasuwa Ethi” (Enough is Enough) held last Friday in Kandy, he has reportedly backed down after consulting the SLFP Parliamentary Group. A majority of SLFP MPs are disgruntled about the SLPP’s attitude towards the SLFP and especially the indignant and ungrateful outlook shown even after Sirisena intervened to protect the SLPP MPs seats in Parliament. It is also learnt that some SLFP MPs suspect Rajapaksa of taking Sirisena for a ride by reportedly offering the president’s office when in fact the former President is openly in favour of the abolishing of the hot seat. In light of these developments, it is highly likely that SLFP MPs would boycott the workshop for parliamentarians of the Joint Opposition organised at the behest of Rajapaksa at Waters Edge today. Although, former Minister S.B. Dissanayake, who was the matchmaker that led to the wedlock between Rajapaksa and Sirisena during the 51-day illegal coup usurper government, has been canvassing for the President to join both the protest and today’s workshop to forge a SLFP-SLPP alliance, it is unlikely that this would proceed any further. Trouble at Sirikotha Meanwhile, the grand ole party (i.e. United National Party) too is facing its own share of troubles, with growing numbers of the party membership seeking party reforms. The latest twist of events has been the appointment of heads to the District Development Committee of the UNP. The party earlier said that the most senior MP would be ex-officio appointed to head the DDCs. However, it is learnt that Wickremesinghe-confidante Minister Sagala Ratnayake had been clamouring to be appointed as the Matara DDC head whereas per the previous arrangement Minister Mangala Samaraweera was to be appointed as chair, as he is the most senior MP for the Matara District from the party. Wickremesinghe reportedly announced that the DDC heads would be appointed at the sole discretion of the Party Leader i.e. Wickremesinghe himself, leaving many UNPers to assume that Ratnayake would eventually be appointed to the hot seat. Budget 2019 The customary practice in Parliament is for the government to propose the budget for the forthcoming year and the opposition to oppose. However, in a country such as Sri Lanka, which is sandwiched in between a parliamentary system and a presidential system, constitutional glitches may arise from time to time. As such, this year, the President’s budgetary allocations have to be proposed by the Government which is on the other side of the divide and opposed by the SLPP-SLFP camp to which President Maithripala Sirisena now belongs to.