Since misleading reports have appeared in both English and Sinhala language newspapers concerning the involvement of the Peace Secretariat in the ICES controversy, it seems desirable to issue publicly the statement made by SCOPP Secretary General to the CID when it was investigating the original complaint to the police. There were two complaints, one by those in charge of the office after Dr Mani’s dismissial as to papers she had removed, the other by Dr Mani alleging harassment by these individuals. Obviously both were made in all seriousness, in the hope that they would be investigated by the Sri Lankan authorities.

            The involvement of SCOPP had nothing to do with these complaints, except insofar as incriminating documents might have been removed, nor with  financial improprieties that had gone on at ICES under the management of Ms Coomaraswamy, Mr Weerakoon or Dr Mani. These may however prove relevant if it turns out that ICES was sold to the highest bidder to overcome debt.

            SCOPP involvement arose because its attention was drawn to ICES coincidentally in two ways. One was when the Secretary to the Ministry for Constitutional Affairs and National Integration asked whether the Peace Secretariat could assist in monitoring an ICES proposed project since she felt that Ministry did not have the capacity to monitor thoroughly. This followed on the Department of External Resources suggesting she seek SCOPP’s views on funding proposals involving FLICT (Facilitating Local Initiatives for Conflict Transformation). Since SCOPP looks carefully at all documents brought to its attention, it became obvious that there were several matters which requiree greater scrutiny, given that funds expended in the name of peace were obviously not achieving the required purpose. Presumably it was  because ERD had registered that something of the sort was going on that SCOPP’s involvement was requested in the first place.

            Simultaneously a representative of a local NGO wrote drawing SCOPP attention to an article in the New York Times that referred to a Colombo associate of the Global Centre for the Responsibility to Protect, and asking what was being done about it. Since SCOPP had been involved previously in rebutting some of Gareth Evans’ less reliable assertions in the speech he delivered last year, this was a subject with which SCOPP was both concerned and familiar. The website revealed the connection which had hitherto been kept concealed from the ICES Board.

            Closer attention was therefore urged to a complaint that had already been made, with regard to missing material, and the CID that was detailed to this task questioned the Secretary General. The statement that was made to them which urges fuller investigation follows in full. It should be noted that the UN has now dissociated itself with what happened. The UNDP Regional Coordinator has made it clear that he was inveigled into signing a petition by inaccurate statements by Dr Mani and her associates, while the UN has now realized the dangers of potential conflicts of interest and, after discussion with the Secretary General’s officials, Ms Coomaraswamy has announced that she will resign from the Advisory Board of the Global Centre for the Responsibility to Protect.

Prof Rajiva Wijesinha
Secretary General
Secretariat for Coordinating the Peace Process


Statement given to the Criminal Investigation Dept

Threats to the Stability of the State

There are a number of reasons for the Sri Lankan state to worry about the association of the International Centre for Ethnic Studies with the Global Centre for the Responsibility to Protect.

The secrecy of the association, and the need to investigate the correspondence

In the first place, the association was accomplished very secretively. The Chairman of the ICES Board wrote on January 24th that the only information regarding this which he received was a note regarding ICES activities sent out by Rama Mani on December 19th. Having described R2P in general terms, she wrote ‘It has initially selected three pre-eminent centres around the world as affiliates. In keeping with ICES Colombo’s long tradition of championing and pushing the frontiers of human and minority rights, we have been requested to serve as a Southern affiliated centre. This affiliation will link our grassroots research and human rights work to global decision making and also open doors to new research initatives at regional and international level. I have been asked to serve on the Advisory Board in my personal capacity.’

On January 25th, when Dr Mani realized that the affiliation was widely known, she wrote ‘The only reason we were asked and accepted to be an affiliated centre is due to our international standing as research centre…There is not yet any MOU as the centre will only be launched in FEB. Nor was there any paper file at any time and this has not been removed…In light of recent events at ICES there has been a decision by GCR2P to suspend or terminate the relationship with ICES until further notice as the original purposes of our relationship will be difficult to fulfil in the current context and as there had never been a particular interest in Sri Lanka……There never was any file on paper on r2p and this was not taken out of the office at any time before or after 14 Jan.’

Dr Mani appended to her e-mail an e-mail she had sent on 9 July to Gareth Evans, the moving spirit behind the Global Centre. Before considering the contents of that e-mail, it is worth noting that Dr Mani’s reiteration regarding the absence of a file seems suspicious, in view of the clear evidence that files were promptly removed from the ICES office after her dismissal. One of her associates has complained that $4 million has been lost because of the controversy, while it has been reported that some sort of project document was prepared if not actually signed. Further investigation of electronic communications is therefore urgently required, plus tracing of telephone communications at the time, while endeavouring to find any missing files. It is certainly not conceivable that Dr Mani’s e-mail to Gareth Evans of 9th July was the only communication until her report to the Board of December 19th.

The content of the proposal and the need to investigate its consistency with the ICES mandate

Dr Mani was not honest in her presentation on January 25 of the proposed role for ICES in relation to R2P. On July 9 she had begun by hoping that Gareth Evans’ visit to Colombo would create much needed waves. This makes clear the particular Sri Lankan focus she desired for the visit, claiming also that much of Colombo shared this desire.

1. government and LTTE forces have repeatedly violated international humanitarian law
   
   
2. recent Sri Lankan history offers all-too-many examples of large-scale atrocities, mass-graves, serious war-crimes, and ethnic cleansing

he went on to claim that ‘All this makes it hard to argue that Sri Lanka is anything but an RP situation. It may not be one where large-scale atrocity crimes – Cambodia-style, Rwanda-style, Srebrenica –style, Kosovo-style – are occurring right now, or immediately about to occur, but it is certainly a situation which is capable of deteriorating to that extent. So it is an RP2 situation which demands preventive action, by the Sri Lankan government itself, but with the help and support of the wider international community, to ensure that further deterioration does not occur.’

In discussion however he was unable to substantiate his claims. In fact it was obvious that he did not know what he was talking about, for when challenged for instance on the question of ethnic cleansing he turned to his assistant Alan Keenan who had evidently written the speech. Mr Keenan could only cite the ethnic cleansing affecting Muslims in the North that was implemented by the LTTE in 1990. It is probably not a coincidence that Mr Keenan and Dr Mani are old friends from their student days.

The government has not repeatedly violated international humanitarian law, and there have been no claims of such except by Gareth Evans and a couple of select NGOs. Genocide, which is cited as one of the possible reasons for R2P, has never occurred in Sri Lanka, the nearest approach to it being the attacks on Tamils in 1983, widely believed to have been sponsored by elements in the government, but without any participation by officialdom or the security forces – quite unlike Cambodia or Rwanda or Srebrenica or Kosovo.

Gareth Evans, in short, told lies, though perhaps not knowing that he was telling lies. He did this, according to Dr Mani’s expectations, to embarrass the government. Under the circumstances, it is difficult to believe that she – and he, to say nothing of their associates - did not intend ICES to function as an instrument of destabilization for the government as it strove to deal with terrorism whilst promoting a pluralistic political solution to ethnic and other questions.

• clarify when non-consensual military force can and cannot be used consistently with R2P principles;
  
  
• build capacity on R2P within international institutions, governments, and regional organizations; and
  
  
• have in place the mechanisms and strategies necessary to generate an effective political response as new R2P situations arise and to do this, it will engage in the following activities:

• support and assist efforts to generate the political will in governments and intergovernmental bodies to respond effectively to new R2P situations as they arise;
  
• develop close working relationships with key NGOs and relevant units of governments and international regional institutions working on R2P
  
  
• establish linkages worldwide with a wide variety of civil society, academic, governmental, and international bodies involved in relevant analysis and research

All this might sound very innocuous. But when a partnership is engendered in secret, with no transparency about the funding, with the participation of individuals implacably opposed to an elected government, along with shadowy unaccountable individuals with unknown allegiances, it is necessary for a country to be careful. This is even more important when the agency of implementation is in partnership with a government Ministry, which could be used to give a colour of respectability to destabilizing activities. Certainly all those who were privy to Dr Mani’s original fax should be questioned, while the financial department of ICES should be required to reveal details of recent project agreements and payments.


Associates of Dr Mani in her initiative
Another reason for worry is the associates with whom Dr Mani has worked in developing this partnership. Her correspondence with Gareth Evans was copied to only one member of the ICES Board, namely Sunil Bastian, who has now been associated with Bradman Weerakoon in supervising ICES after Dr Mani was reinstated. In addition it has been copied to two relatively inexperienced researchers at ICES, not to the senior researchers. It was also copied to the financial controller. Apart from that it was copied to representatives of Gareth Evans’ International Crisis Group and the proposed Centre.

Meanwhile Radhika Coomaraswamy, Dr Mani’s predecessor as Executive Director, and Bradman Weerakoon, who acted in the position between the two ladies, are clearly extremely enthusiastic about the association. The former sits on the Advisory Board of the Global Centre along with Dr Mani. The latter, in a recent newspaper interview, has given false information about the association, claiming that it was broached only by one of Evans’ associates after his lecture, and that Dr Mani communicated all this to the Board. Characteristically he notes that ‘many of the international members in particular were very interested’.

Mr Weerakoon and Ms Coomaraswamy have given wildly contradictory (and self-contradictory) versions of how Dr Mani was hired. The latter claims in one place that Dr Mani was completely ahead of the rest, in another that she was the only person of any academic qualification that applied. She does not admit to having known Dr Mani beforehand, whereas Mr Weerakoon says it was suggested to Dr Mani that she apply. Ms Coomaraswamy claims she encouraged Sri Lankans to apply, but also that potentially the best Sri Lankan candidate was unsuitable.

Both have acted oddly in their determination to keep Dr Mani on, Mr Weerakoon actually sending a letter reinstating her unilaterally. He declared to the Chairman of the Board that, in line with what an external member called Georg Frerks had said, and what Sunil Bastian had implied, he was himself informing Dr Mani to report to work while informing the Chairman that all decisions taken unilaterally by him were nullified, including his purported appointment of Mr Dushyantha Mendis and Dr Pradeep Jeganathan to temporarily take over duties,

Ms Coomaraswamy, having claimed to have no say in ICES since the UN had made her resign all her Board positions in Sri Lanka, later admitted to having played a significant role in Dr Mani’s appointment. She then said that she had got permission from the UN to stay on the Board to hand over power, as she put it. She has not handed over the documents confirming this, and says that the request of the Secretary General that she serve on the Global Centre’s Advisory Board was purely verbal.

Mr Weerakoon is openly associated with the opposition UNP, which has been seeking to undermine the government ever since it lost the last election. Its leading lights constantly claim that external monitors are required, and at one stage claimed that nothing could stop this. Such flagrant attacks on the sovereignty of the nation suggest confidence in external forces keen on interfering. This would bear investigation in the light of the involvement with Dr Mani of a leading opposition lawyer, who has expressed knowledge of the sum involved in this enterprise. He should be questioned in this connection. Ms Coomaraswamy’s links with the opposition are less blatant, though they are fairly common knowledge amongst journalists and others in Sri Lanka. Her personal links with the leader of the opposition have led to doubts about her objectivity, whilst she does not conceal in social intercourse her distaste for the current government’s actions and what she sees as its dependence on nationalist forces. She also tends to equate criticism of her with extremist views, which may serve to forward an interventionist agenda. The UN should certainly be asked to certify that her actions have been in accordance with its principles.

Foreign involvement in Dr Mani’s initiative

Mr Weerakoon claimed that Dr Mani’s dismissal had led to a massive uproar, especially in the diplomatic community. This seemed astonishing since, as the Secretary / Foreign Affairs has put it, the dispute here was one between ICES and its employee and therefore not a matter in which governments needed to get involved. Though this might be debated, as far as the Sri Lankan government is concerned, if national security and stability are affected, it is certainly obviously the case as far as foreign governments are concerned.

No foreign government in fact seems to have got involved, except the Canadian government, through an e-mail sent by its High Commissioner to members of the ICES Board. She stated there that Canada held Dr Mani in the highest regard and suggested Dr Mani be reinstated until a full and transparent investigation of the facts was accomplished. She also said that Canada would not be able to move forward with funding ‘the Pluralism Conference’ until the situation was clarified. She went on to say however that the matters had been raised with her by several Heads of Mission and leading members of civil society, none of whom was named.

Though the High Commissioner may not have been aware, at the time of her intervention, of the R2P problem, it would have made sense, for her sake as well as Sri Lanka’s, to check that she was ignorant of the position within the Global Centre to which Dr Mani had brought ICES. Canada supports the Global Centre and the Canadian Foreign Ministry makes no secret of its desire to put R2P into practice. However, its own website mentions as relevant regional organizations that matter most the European Union and the African Union, suggesting that Canada itself does not see any Asian situation as warranting implementation of R2P. This is in line with the general approach of the Canadian government, which has been extremely helpful in assisting the Sri Lankan government to deal with terrorism, whilst affirming, without any patronizing impositions, its commitment to human rights and its desire that Sri Lanka adhere to established norms in this area. It has certainly been totally different in its approach from Gareth Evans, and the Canadian Mission in Geneva, where Human Rights is an issue, is scrupulous about putting its questions on the table so that there is mutual understanding of the positions of the two governments.

It was unfortunate therefore that the Canadian High Commissioner got involved in the particular case of Rama Mani, perhaps without understanding properly the financial problems that had arisen in ICES. It was even more unfortunate that her reference to funding came at the same time as Radhika Coomaraswamy’s not very thinly veiled suggestion to the member of the Board she thought the main instigator of Dr Mani’s dismissal that Ford might withdraw its endowment as a consequence of this.

Regrettably the propaganda of individuals such as Bradman Weerakoon may have contributed to the problem. Two British members of Parliament have noted recently that some of the briefings being received in London from the Mission here do not quite represent the current situation, while an American official on a visit referred to what he termed the unhealthy nostalgia of some Missions for the government of 2002/2003. What in another country could be social chatter can be transformed in the Sri Lankan context into serious attacks on state sovereignty. When an opposition formally demands external intervention, citing that this cannot be prevented by an elected government, it is especially important for diplomats to be circumspect and not allow themselves to be used for internal politics. In order to overcome suspicions that might build up, it would be prudent to check on all international funding for ICES, and other NGOs in which Mr Weerakoon plays a leading role, while confirming that his statement about the uproar in the international community was not accurate.



Prof Rajiva Wijesinha,
Secretary General
Secretariat for Coordinating the Peace Process