Pakistani militant groups gathering in ri!anka to plan terrorist acts against India" That was during talks at the #yderabad #ouse in New $elhi on May %&" #e undertook to go into the matter when he returned to -olombo. The mass influ, of Pakistani nationals after the 1o)ernment offered them easy )isas on 2lectronic Tra)el uthorisation 32T
Pakistani militant groups gathering in ri!anka to plan terrorist acts against India" That was during talks at the #yderabad #ouse in New $elhi on May %&" #e undertook to go into the matter when he returned to -olombo. The mass influ, of Pakistani nationals after the 1o)ernment offered them easy )isas on 2lectronic Tra)el uthorisation 32T
Pakistani militant groups gathering in ri!anka to plan terrorist acts against India" That was during talks at the #yderabad #ouse in New $elhi on May %&" #e undertook to go into the matter when he returned to -olombo. The mass influ, of Pakistani nationals after the 1o)ernment offered them easy )isas on 2lectronic Tra)el uthorisation 32T
probe into polls issue Sunday, June 15, 2014 Though not publicly known, a subject of importance Indian Prime Minister Narendra Modi raised with President Mahinda Rajapaksa, just hours after being sworn-in, was the issue of Pakistani militant groups gathering in ri !anka to plan terrorist acts against India" That was during talks at the #yderabad #ouse in New $elhi on May %&" It came barely a day after Rajapaksa took part in Modi's swearing-in ceremony at the forecourt of Rashtrapati (ha)an" *ccording to a ri !ankan source present at the talks, the +uery from Modi citing the alleged in)ol)ement of an intelligence agency also in this e,ercise took Rajapaksa by complete surprise" #e undertook to go into the matter when he returned to -olombo" That Premier Modi did raise such an issue, besides asking Rajapaksa to fully implement the ./th *mendment to the -onstitution and go beyond it, as re)ealed in these columns, was proof enough that he did his homework just hours after taking his oaths" That was on the night of Monday, May %0" #e met Rajapaksa the ne,t day" No sooner Rajapaksa returned to -olombo than the Ministry of $efence went into action" In)estigati)e and intelligence arms probed the issues raised" Though there was no concrete e)idence of Pakistani militant groups operating anywhere in ri !anka, the mass influ, of Pakistani nationals after the 1o)ernment offered them easy )isas on 2lectronic Tra)el *uthorisation 32T*4 for /5 days, was causing a serious problem" Most of them are coming in as 6tourists7 but claiming to be 6refugees,7 after walking into the -olombo office of the 8N #igh -ommissioner for Refugees 38N#R-4" It is here that they register" -ompared to %5.%, where only .5% sought such registrations, last year, the 8N#R- recorded the cases of .,9:; 6Pakistani asylum seekers"7 Registration of refugees in -olombo was made possible by a %55< agreement between the 1o)ernment and the 8N#-R" 8nlike in countries where conflicts ha)e triggered refugee e,odus across borders, the 8N#R- does not maintain camps in ri !anka" #ence, the 6refugees7 here are free to roam and do whate)er they like once they ha)e entered their names on the 8N roll" There are no known instances of them being re-located to another country" =thers ha)e arri)ed as either clerics or after using the #awala money transfer system" The term in *rabic is an informal method of transferring money by handing it o)er to a source, usually businessmen, in one country and recei)ing it in another" >hilst most were seeking employment, e)en doing menial jobs, others were running business )entures" 6It has become )ery difficult to keep track of all the acti)ity since they ha)e spread out to different pro)inces,7 said one in)estigator" #ence, he said, 6we cannot say what kind of acti)ity is going on and what is not" Monitoring them closely is no easy task with so many coming and going"7 ome of those +uestioned had claimed they were fleeing religious persecution in Pakistan" That included -hristian and smaller groups of *hmedis, who claim to practise Islam in its 6pristine form7 as against the majority contemporary followers" This week, the Ministry of $efence decided that all Pakistani nationals who are o)erstaying their )isas should be deported" The $epartment of Immigration and 2migration will embark on this task immediately" The mo)e, no doubt, reflects President Rajapaksa's resol)e to address on a priority basis issues raised by Premier Modi" =n his return to -olombo from New $elhi, President Rajapaksa ordered that immediate measures be taken to begin work on the Indo-ri !anka coal fired power project at ampur in Trincomalee" ?ust a week ago, he ordered the release of &0 Indian fishermen rounded up by the ri !anka Na)y for poaching in the country's territorial waters" If he is +uick to address Indian sensiti)ities, there are also issues that remain unresol)ed" =ne is Premier Modi's re+uest for the 8P@* 1o)ernment to fully implement the ./th *mendment and go beyond" This is on the grounds that Rajapaksa had repeatedly assured New $elhi about it" >hilst doing so, of course, the 1o)ernment is still trying to strike the delicate balance in relations with Pakistan" Ne,t week, the 1o)ernment will roll out the red carpet for Pakistan's *rmy -ommander, Raheel hariff, who will be in ri !anka on a three-day )isit" The 1eneral arri)es on Thursday and is likely to call on President Rajapaksa on the same day" =n @riday he will lay a wreath at the >ar #eroes Memorial in (attaramulla and make calls on -hief of $efence taff 1eneral ?agath ?ayasuriya and Na)y -ommander, Aice *dmiral ?ayanath -olombage" =n @riday night, he will be at the Military *cademy in $iyatalawa for the final presentation by officer cadets" =n aturday, he will be the chief guest at the passing out parade of the *rmy's &:th regular intake, .%th *lpha !ady =fficers and the </rd Aolunteer intake" #e will )isit the $alada Maligawa on unday morning and later fly to Bilinochchi" #e will lea)e the ne,t day after a call on *ir @orce -ommander, *ir Marshal Bolitha 1unathilake" 2arlier, Rajapaksa sought the help of Pakistani Prime Minister NawaC hariff to send a legal e,pert to ri !anka to ad)ise on matters relating to the 8N #uman Rights -ouncil's international in)estigation into alleged war crimes" *s re)ealed in these columns, $r" Mohammad *Cam -houdhry, an e,pert in international law )isited -olombo and met 2,ternal *ffairs Minister 1"!" Peiris and senior officials" #elp from informal channels in Pakistan to arrange meetings with influential personalities in the 8 also made a)ailable" ome of them came to -olombo to meet President Rajapaksa before proceeding to the 8" 2)en before this week's decision to immediately deport )isa o)erstayers from Pakistan, the influ, of Pakistani nationals, mostly on tourist )isas, has caused concern for the 1o)ernment" It came to light recently that one person transferred sufficient money through non-legal channels to establish a seafront barbecue restaurant in a southern suburb of -olombo and ser)ed formally as its 1eneral Manager" #e held a temporary )isitor )isa" The owner who was fronted was a member of a smaller minority group within the Muslim community and resided a few kilometres from the business concern" It has turned out Prince Zeid Ra'ad Zeid al-Hussein New UN High !""issi!ner designa#e $!r Hu"an Righ#s %a"e Sil&ia ar#wrigh# that the Pakistani financier's restaurant was the meeting place for hundreds of his countrymen wearing green turbans and immaculately white flowing robes" $uring nights, meetings were conducted in a large hall outside the food counters, all the preaching was in 8rdu whilst the restaurant remained closed for business" *t least one has successfully obtained (oard of In)estment 3(=I4 appro)al for a (iriyani chain" In)estigators said most )isa o)erstayers were employed as cooks and labourers in households and restaurants" ome of them, Police say, ha)e been in)ol)ed in drugs and related offences" The deportation of Pakistani )isa o)erstayers also comes in the backdrop of other de)elopments" =ne is the militant attack on the Barachi international airport with the Islamabad 1o)ernment alleging the in)ol)ement of outside elements" The other is recurring Indian media reports of planned attacks on outh Indian targets by militant groups using ri !ankan soil as a base" The latest account in the New $elhi based The 2conomic Times last Thursday claimedD 6Terrorists backed by the Pak II 3Inter-er)ices Intelligence4 were planning to target -hennai port and central railway station as well as airports in -hennai and (angalore in what now appears to be a deliberate and well-co- ordinated strategy by Pakistan to encircle India through its terror consulate at -olombo, as per sensational re)elations by Mohamed akir #usain at -hennai in last week of *pril %5.9" Rattling details contained in the interrogation report 3IR4 of #usain, kept under wraps so far but to which 2T has managed e,clusi)e accessE confirm that the electronic city of (angalore and atomic power plant in Tamil Nadu were also part of the terror strike plan" 6#usain 3/04 is a ri !ankan 3!4 national engaged as an agent by the Pak II" #usain has re)ealed this and much more, including the identities, names and modus operandi of the Pakistani diplomats who guided, financed and Fhandled' him in ! for such dangerous missions" #ussain di)ulged that all planning, tasking and financing was being done personally by Pakistani #igh -ommission 3in -olombo4 -ounselor G name deleted G 3-ode name Mama H Ra)i4 and his senior 6hah"7 #usain was occasionally briefed by Pak $efence *d)iserII7 The newspaper report also claimed, 6#usain was tasked to Fde)elop reliable contacts' working in Aishakapatnam and -ochin Na)al bases, -hennai *irport, *tomic power plant in Tamil Nadu, as per the IR" #e was further tasked in ?une %5./ to clandestinely obtain photographs of 8 -onsulate in -hennai, hipping yard of -hennai port, -hennai airport, -hennai Railway tation, Israel consulate in (angalore, 2lectronic -ity in (angalore, the (angalore *irportIII7 Sandra 'eidas In ri !anka, -riminal In)estigation $epartment 3-I$4 detecti)es located the residence of #usain in Bandy" They inter)iewed his father in *pril" The Indian media report drew an angry response from the Pakistan #igh -ommission in -olombo" Its spokesperson told The unday Times, 6This ongoing media campaign is a crude attempt to tarnish the image of Pakistan, its #igh -ommission in ri !anka and to spoil the e,tremely cordial Pakistan-ri !anka relations" >e strongly condemn this insidious media acti)ity, and strongly deny any in)ol)ement in espionage or terrorist acti)ity being carried out against India from the Pakistan #igh -ommission in -olombo" >e challenge any agency ha)ing concrete e)idence in this regard to officially share it with us" Pakistan and India ha)e a difficult relationship, and many malicious stories are leaked from time to time by )arious agencies for a )ariety of ulterior moti)es" >e urge ri !ankan newspapers to e,ercise discretion with regard to such malicious and irresponsible stories"7 These de)elopments came in a week where the 8P@* 1o)ernment sought to win the support of all political parties against the 8N international in)estigation into alleged war crimes in ri !anka" @or this purpose, peaker -hamal Rajapaksa has agreed to a Parliamentary debate on Tuesday and >ednesday 3?une .& and .:4 in Parliament" The mo)e followed a written re+uest to him by nine 8P@* parliamentarians who handed in a motion" They are *chala ?agoda, ?aanaka (andara, 8ditha !okubandara, *"#"M" *Cwer, hantha (andara, ?"R"P" ooriyapperuma, Nimal >ijesinghe, $uminda il)a and Malini @onseka" !ast Tuesday, at a 8P@* partners' meeting chaired by Minister Nimal iripala de il)a at the Presidential ecretariat, a discussion ensued on the proposed international in)estigation" It was decided to obtain the )iews of Parliament on the mo)e" *head of the meeting, during informal con)ersations, Minister $"2">" 1unasekera was o)erheard remarking that it would become difficult for this 1o)ernment if it proceeded on what he called the current path" #e said a change of course was necessary" If public discontent arose, he noted, that the opposition parties would take ad)antage" #e said the )iews e,pressed by Minister >imal >eerawansa's National @reedom @ront 3N@@4 were important" #e said there should be a debate on those issues" The )iew was endorsed by Minister Tissa Aitharana" >eerawansa was absent" Representing his party were $eputy Minister >eerakumara $issanayake and Piyasiri >ijenayake" =n Tuesday, peaker Rajapaksa chaired a meeting of party leaders in Parliament" TN* parliamentarians Raja)arothayam ampanthan and M"*" umanthiran opposed the mo)e for a debate saying that the international in)estigation was not against ri !anka but the Rajapaksa administration" #owe)er, the mo)e was defended by 8P@* 1eneral ecretary, usil Premajayantha" #e pointed out that e)en when Indian *ir @orce carried out food drops in the ?affna peninsula in .;:&, the then peaker late *nura (andaranaike had allowed a debate in Parliament" upporting this position were Ministers $"2">" 1unasekera and Aasude)a Nanayakkara" ?AP leader *nura Bumara $issanayake said his party would mo)e amendments" There seems an anomaly in this effort by the 1o)ernment" Ra)inatha *riyasinha, ri !anka's Permanent Representati)e at the 8N in 1ene)a, has already rejected the international probe and declared ri !anka will not co- operate" In other words, the 1o)ernment has already declared worldwide its official position on the international in)estigation" #ence, what the 1o)ernment hopes is to get the opposition parties to simply rubber stamp this" *fter 8N #uman Rights #igh -ommissioner Na)i Pillay's statement, *riyasinha told the #uman Rights -ouncil, 6$uring the March session, the 1o)ernment of ri !anka made clear its position with regard to the -ouncil Resolution 3*J#R-JResJ%<J.4 which mandated this action 3i"e" the international in)estigation4, which was adopted with the support of less than half the -ouncil's membership" *s we ha)e placed on record, this resolution challenges the so)ereignty and independence of a member state of the 8nited Nations, )iolates principles of international law, is inherently contradictory, and based on profoundly flawed premises inimical to the interests of the people of ri !anka" The resolution's lack of clarity of mandate in re+uesting the =#-#R to undertake an in)estigation with the Fassistance from rele)ant e,perts' sets a dangerous precedent" @urther, the prejudice and bias concerning ri !anka repeatedly displayed by the #igh -ommissioner and her =ffice which ha)e been )ested with the mandate to carry out the 6comprehensi)e in)estigation,7 is a matter of deep concern to ri !anka" In fact, regrettably reports which could +uestion the credibility of the co-ordinator appointed for the in)estigation ha)e already emerged" >e reiterate the categorical rejection of this Resolution, and our non- cooperation with the =#-#R-dri)en 6comprehensi)e in)estigation7" The 1o)ernment of ri !anka remains firm in its con)iction that the #uman Rights -ouncil's efforts should contribute to a tate's own efforts in the promotion and protection of human rights, and that any e,ternal assistance and initiati)es to protect human rights in a country should be in consultation with, and with the consent of, the country concerned, as stipulated in -ouncil Resolution <J." I"" II7 =ther than partners of the 8P@*, it is unlikely that any of the opposition parties in Parliament will support the mo)e" The main opposition 8nited National Party 38NP4 said in a statement on @riday that 6I"" by blanket refusal to engage with the team of in)estigators appointed by the 8N #uman Rights -ommissioner, ri !anka is admitting guilt and depri)ing itself of an opportunity to make its case" This would not only be an injustice to the )aliant soldiers who sacrificed so much for this country but a betrayal of all our people who will ha)e to suffer the conse+uences of international action" The 8NP calls on the go)ernment to cooperate with the 8N#R-I"7 * report on the statement appears elsewhere in this newspaper" Ket sections in the party were in fa)our of a softer approach" They want to mo)e an amendment seeking a domestic in+uiry mechanism and opposing the international in+uiry" The Tamil National *lliance 3TN*4, its parliamentarian M"*" umanthiran said has not taken a decision yet on whether or not to testify before the international in)estigation" #e told the unday Times, 6#owe)er, as a nation, we should collecti)ely support the 8N in)estigation to clear the country's name" $uring the last three years we ha)e repeatedly made appeals to ha)e a fair in)estigation to ascertain whether there were any human rights )iolations" >hen there is an independent panel the truth will come out" It is only then can we clear our name"7 The other major opposition party in Parliament, the ?anatha Aimukthi Peramuna 3?AP4 said it would back the motion only if its amendments were accepted" The amended motion has been signed by ?AP leader, *nura Bumara $issanayake, Aijitha #earth and unil #andunnetti" The ?AP says the 1o)ernment should within three months in+uire and report into se)eral incidents which ha)e occurred in the past few years because they ha)e )iolated both human and democratic rights of the people" uch instances, the ?AP says, include the killing of a @ree Trade Lone worker in %5.. when protests were held against amendments to the 2mployees Pro)ident @und 32P@4 *ct, the killing of -hilaw fishermen in %5.% during protests against increase in fuel prices and the attacks on the )illagers of Rathupaswela during a protest against a glo)e making factory there" The ?AP also wants in+uiries into attacks on journalists and media institutions, the prison riot at >elikada in %5.% and the disappearances of !alith Aijaan and Bugan Murugan in %5.. from ?affna" It also says that attacks on media institutions including the irasa, iyatha tele)ision stations, the 8thayan and unday !eader newspaper offices should be probed" *mong the other ?AP re+uests are probes on abductions in the northern and other pro)inces, the gun attack on the residence of the President of the (ar *ssociation of ri !anka, attack on the former ecretary of the ?udicial er)ice -ommission and the attack on *ttorney at law 1unaratna >anninayaka" ?AP leader $issanayake told a news conference on @riday, 6* 1o)ernment that does not seek the opinion of Parliament on any of the issues important to the public suddenly decides to seek the )iews of Parliament" It is an act of political deception" President Rajapaksa agreed to an international in+uiry when he met the 8N ecretary 1eneral (an Bi Moon in %55; and this was done without the consent of the 1o)ernment, Parliament or the people" The opinion of the Parliament was not sought for the establishment of the !!R-, nor when the report was presented or on its recommendations" Parliament was not taken into confidence" >e are reaping the results of the disregard shown pre)iously towards the legislature on more important matters"7 Mangala amaraweera, $irector of the 8NP's Political *ffairs and one time @oreign Minister of Rajapaksa's cabinet, told the unday TimesD 6In the new post->estphalian doctrine of international relations, the fundamentals of o)ereignty and territorial integrity of nation states are no longer absolutesD accountability in respect of democracy, human rights and good go)ernance are considered sine +ua non for all countries in the ci)ilised community of nations today and most countries, including ri !anka, ha)e committed themsel)es to many humanitarian laws )oluntarily )is a )is the numerous co)enants and treaties they ha)e signed" There ha)e also been times when some of our leaders, with wisdom and foresight ha)e gracefully refused to be signatories to certain international treaties" In %55%, Prime Minister Ranil >ickramesinghe refused to be a signatory to the Rome tatute which created the International -riminal -ourt on the basis that ri !anka had a strong and independent judicial system which could deal with such matters, if and when it arises and the world accepted his position" In fact, President Rajapaksa was one of the earliest politicians in ri !anka to recognise the importance of this emerging world orderD #e is the first member of Parliament to in)ite the 8nited Nations >orking 1roup of 2nforced and In)oluntary $isappearances to come to ri !anka on the floor of the house" 3#ansard G %:".%":; G page ;9.4" #e also openly re+uested the donor countries to stop aid to ri !anka and stated that he is willing to go not only to 1ene)a but Fe)en to hell' to oppose the go)ernment if it continued to )iolate the human rights of our people" 3#ansard G %<".5";5 G page 9%94" @rom the time I was @oreign Minister, serious allegations of human rights )iolations started to pile up against the Rajapaksa administration and my repeated re+uests to take these allegations seriously and to address the mounting accountability issues fell on deaf years" 2)en after the war, when the allegations became much more serious, the 8NP repeatedly asked the regime to start a credible in)estigation locally without allowing the flood gates of international scrutiny to be opened" Instead the head of state and his ministers went on a spree of triumphalism furiously dismantling many of our democratic institutionsD the judiciary was one of the key targets" The international community, after offering the ri !ankan 1o)ernment numerous opportunities to carry out a credible internal in)estigation into the alleged human rights )iolations, especially in relation to the final phase of the war, has determined that the Rajapaksa regime is neither willing nor capable of such actionII""7 !ast Tuesday, in her statement to the on-going %0th sessions of the 8N #uman Rights -ouncil in 1ene)a, #uman Rights #igh -ommissioner Pillay said 6I"" I note also that last month marked the fifth anni)ersary of the end of the war in ri !anka, where the scars created by terrorism and conflict ha)e yet to heal" My =ffice has now put in place a staff team that will be supported by se)eral e,perts and pecial Procedures mandate holders, to conduct the comprehensi)e in)estigation mandated by this -ouncil in order to ad)ance accountability, and thus reconciliation" I encourage the 1o)ernment to take this opportunity to co- operate with a credible truth-seeking processII"7 It is clear from Pillay's brief remarks that the fuller international in)estigation team is yet to be formally constituted although the =#-#R is still in that process" *ccording to media remarks by Pillay's spokesperson Rupert -ol)ille, only andra (eidas has been named officially as senior co-ordinator of the =#-#R in)estigation" -ol)ille has confirmed that there will be a secondary team comprising two persons" =ne who has been in)ited to ser)e and yet to confirm acceptance on this team is $ame yl)ia -artwright" >hilst she is likely to accept, the second in)estigator is in the process of being picked" It is only thereafter that official appointments are to be made" (eidas is to head a team of .% from the =#-#R 3=ffice of the #igh -ommissioner for #uman Rights4" They areD * human rights in)estigator 3for .5 month stints4, a legal ad)isor 3for an eight month stint4, two human rights in)estigators 3for eight month stints4, an *dministrati)e *ssistant 3for a ten month stint4, * inhala and a Tamil Translator 3for a three month stint4, a @orensic -onsultant 3for a three month stint4, =ne *rchi)ing -onsultant 3for a two months stint4 and two pro bono e,perts to tra)el to 1ene)a 3%. days4, ri !anka 3< days4 and *sia Pacific region 3< days4" pokesperson -ol)ille has also confirmed that there will be a secondary team comprising e,ternal e,perts who would accompany the in)estigation team and pro)ide independent )erification of the in)estigation's integrity" The composition of the in)estigation team, appro)ed by the 1eneral *ssembly, will cost 8M .,905,;55" Named as a senior -o-ordinator of the =#-#R in)estigation responsible for administrati)e aspects, andra (eidas, is a (ritish diplomat with .< years' e,perience in the 8N system" * former *mnesty International staffer, she ser)ed in #aiti 3#uman Rights Mission4, -ongo 38N #ead of -hild Protection4 and Nepal 3#ead of protection and reporting section4" In %5.%, she was e,pelled from the 8N mission in outh udan after authorities there labelled her as Fpersona non grata'" he was remo)ed from the country due to her in)ol)ement in a report published in *ugust of that year, which accused the army of torture, rapes, killings and abductions" The 8N called her e,pulsion a 6breach of the legal obligations of the go)ernment" e)enty-year old $ame -artright shot to prominence in .;:: by presiding o)er an in+uiry into cer)ical cancer treatment at the National >omen's #ospital in New Lealand" he was that country's first female $istrict -ourt ?udge in .;:; and later the first #igh -ourt ?udge in .;;/" * former 1o)ernor 1eneral of New Lealand for fi)e years, she ser)ed thereafter as a trial judge of the -ambodian >ar -rimes Tribunal" he has also ser)ed as a member of the 8N -on)ention to 2liminate *ll @orms of $iscrimination against >omen" Pillay's statement, which included the brief references to the ri !anka in)estigation, will be her last before retirement" The upcoming session of the 8N 1eneral *ssembly in eptember is e,pected to confirm ecretary 1eneral (an B-Moon's nominee, ?ordan's Prince Leid Ra'ad Leid al-#ussein" $iplomats at the 8N say Prince Laid was a tougher diplomat than Pillay and was in)ol)ed in the setting up of the International -riminal -ourt 3I--4" In eptember %55%, he was elected the first President of the go)erning body of the I-- and ser)ed in that office for three years" #e also has e,perience in peacekeeping operations as a political affairs officer in 8NPR=@=R, the 8"N" peacekeeping mission in the former Kugosla)ia during the (alkan conflict" #e acted as an ad)iser to former 8N ecretary 1eneral, Bofi *nnan" The =#-#R international in)estigation is sure to become a key issue when the polls campaign for the 8)a Pro)incial -ouncil gets under way" The 1o)ernment wants to dissol)e the -ouncil by the first week of ?uly and call for polls in eptember in what appears to be the last litmus test before a possible presidential poll" 2)en before the dissolution of the 8P-, the major political parties are already busy" President Mahinda Rajapaksa, now in (oli)ia, has set aside ?une %. and %% to )isit the 8)a pro)ince" #e will chair the $istrict $e)elopment -ommittee at a meeting in (adulla and )isit key places thereafter" This is whilst the 1o)ernment is e,pediting de)elopment work in the pro)ince and 8P@* leaders are busy carrying out a needs assessment of electorates in the pro)ince" The !eader of the main opposition 8NP, Ranil >ickremesinghe, is already in (adulla this week" The ?AP has launched grassroots le)el campaigns to consolidate its membership" Thus, the posturing on the international in)estigation by different sides, besides the all important soaring li)ing costs and huge and unchecked corruption will become election issues" It is clear the 1o)ernment, already plagued by internecine disputes, would ha)e to go it alone on all of them"