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Inner City Press -- Investigative Reporting From the Inner City to Wall Street to the United Nations

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As EU Notes UN Report, Sri Lanka Scoffs At Do Gooders, Navy's Idle Hands

By Matthew Russell Lee

UNITED NATIONS, May 10 -- As Sri Lanka's Permanent Representative to the UN Palitha Kohona walked out of the UN Security Council on Tuesday, Inner City Press asked him about the European Union's statement on the UN Panel of Experts war crimes report, and about reported “militarization” of Colombo.

   The EU statement is that "The Panel has concluded that there are credible allegations that major violations of international human rights and humanitarian law were committed on all sides in the conflict.

  The EU reiterates its view that an independent process to address these extremely serious allegations should contribute to strengthening the process of reconciliation and ensuring lasting peace and security in Sri Lanka."

   Kohona scoffed that it is the statement of “international do-gooders” trying to clean “their conscience.”

  About the Sri Lanka Navy taking over management even of public parks in Colombo, Kohona argued that “there are 200,000 of them with nothing to do,” that the military assembled for the conflict must now be re-trained in civilian work. Parks: the new growth economy.


Ban previously taking hand off from Kohona, response still not shown

  Kohona was one of more than 50 speakers on “Protection of Civilians” in the Security Council on Tuesday. Secretary General Ban Ki-moon's November 2010 report on the topic stated, at Paragraph 91

In the case of Sri Lanka, instead of establishing a fact-finding or accountability mechanism, I appointed in June 2010, as follow-up to my May 2009 joint statement with President Rajapaksa, a panel of experts to advise me on Sri Lanka’s efforts to address violations of international humanitarian and human rights law that may have occurred during the conflict.”

  So Ban Ki-moon decided against “establishing a fact-finding or accountability mechanism.” No “international do-gooder,” he....

* * *

At UN, Meeting of Sri Lanka PR With Ban Belatedly Confirmed, White Flag Testifying?

By Matthew Russell Lee

UNITED NATIONS, May 4, updated -- Sri Lanka's Ambassador to the UN Palitha Kohona did meet with Secretary General Ban Ki-moon on Tuesday afternoon, Ban's spokesman Martin Nesirky belatedly confirmed to Inner City Press when ask at Wednesday's noon briefing.

Inner City Press had learned of the meeting and asked Nesirky, in writing, to confirm and summarize it on May 3. Neither Nesirky nor his deputy Farhan Haq responded. But when asked in person on May 4, Nesirky read from a statement that

“the Secretary General did meet yesterday afternoon with the Permanent Representative of Sri Lanka. In that meeting the Secretary General reiterated two points. First, that... it would be good for Sri Lanka to seriously consider the recommendations of the Report... particularly with regard for the need for an accountability process.”

The role of Kohona, as well as Ban's own chief of staff Vijay Nambiar, in the so-called White Flag killings of surrenderees is alluded to in the UN Panel of Experts report, in Paragraphs 170 - 171.

Inner City Press asked if the meeting with Kohona had ever been disclosed on Ban's scheduled as made available to the media. Nesirky said it was not when the schedule was put together.

But in other circumstances, Ban's Spokesperson's Office distributes revised and updated version of the schedule. As with the meeting on February 22, set up by Kohona, between Sri Lankan Attorney General Mohan Peiris and the UN panel, it seems that Ban and his senior adviser(s) want to keep their dealings with Sri Lanka secret.

  Sri Lankan external affairs minister G.L. Peiris, meanwhile, has in an interview confirmed the previously denied February meeting with the Panel, but has gotten the date and sequence wrong, perhaps intentionally, saying that officials (including Kohona and General Shavendra Silva) and

“the Attorney General were sent to New York to brief the secretary General about the work of the LLRC. After this meeting they met with Under Secretary General of Political Affairs Lynn Pascoe along with the Panel.”

  In fact, as arranged by Kohona in a letter appended to the Report, the meeting with the Panel was requested for and held on February 22, following by a meeting with Ban, Nambiar and others on February 23, complete with a photo op.

When Inner City Press asked Nesirky if the meeting with the Panel had taken place, he said you were there with a camera, you saw that it did not take place. When asked later to clarify, he said he provides information when he gets it. Watch this site.

Footnotes: Inner City Press asked if the three authors of the Report would be willing to testify in the trail of General Sarath Fonseca in Sri Lanka, to which the author never traveled despite Ban's repeated statement that they could. Nesirky called this hypothetical.

  He said Ban also raised to Kohona the responsibilities of Sri Lanka for the safety of UN staff and premises. The responses of Kohona and the Rajapaksa government to any of these secretive reminders is not yet known.

Update of 1:39 pm -- Inner City Press has spoken with Sri Lanka Permanent Representative Palitha Kohona, less than an hour after publication of the above. He says he told the Secretary General that “Sri Lanka has never allowed a UN staff member to be harmed, in sixty years” - he asked that Inner City Press report this. Inner City Press asked, what about for example the UN national staff members who were detained and, for a time, disappeared? There has as yet been no answer on this. But we will report any responses. Watch this site.

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On Sri Lanka, Ban Claims UN Couldn't Assess Casualties, Leak Shows UN Did

By Matthew Russell Lee

UNITED NATIONS, April 27 -- On Sri Lanka, UN “staff were not in the position to assess” the number of casualties in 2009, Secretary General Ban Ki-moon's spokesman Martin Nesirky told the Press on April 27, as they had to withdraw because the Government said security could not be guaranteed.

But as Inner City Press reported and published on March 27, 2009, a detailed UN document it obtained reported that the "minimum number of documented civilian casualties since 20 January 2009, as of 7 March 2009 in the conflict area of Mullaitivu Region [is] 9,924 casualties including 2,683 deaths and 7,241 injuries.”

Click here for the leaked document, and here for Inner City Press' report which exclusively published it.

Ban's UN refused to confirm its own Office for the Coordination of Humanitarian Affairs casualty figures. It now appears, including based on statements by staff who have since left the UN, that Ban's UN consciously decided to withhold and once leaked deny the casualty information it WAS in the position to compile.

Nesirky on April 27, when Inner City Press followed up on questions it put to Ban the previous day, said that this topic and others will now be reviewed by the UN, by Ban and his senior advisers.

Inner City Press asked Nesirky if Ban's chief of staff Vijay Nambiar, who was involved in the White Flag killings which appear in the UN report at Paragraph 171, will be one of the senior advisers involved in the review.

“There are many senior advisers,” Nesirky said, adding that the review “will look at the full range of topics contained” in the report.

The question remains: should a senior adviser like Nambiar be allowed to play any role in the review of an incident he was involved in? The answer should have been, and should be, no -- but hasn't been.

Inner City Press asked if this review will be made public. Nesirky would not say, but acknowledged that there is a public interest in it. With 40,000 civilians reportedly killed, yes there is a public interest.

Amazingly, after Ban said he “is advised” that the report's recommendations can only be investigated if the Rajapaksa government consents or members states vote for it in an intergovernmental forum, Ban when he reported on Sri Lanka to the UN Security Council on April 26 did not even ask them to schedule a vote on the recommendation for an investigation of war crimes. We'll have more on this.

From the Panel of Experts report:

The "White Flag" incident

170. Various reports have alleged that the political leadership of the LTTE and their dependents were executed when they surrendered to the SLA. In the very final days of the war, the head of the LTTE political wing, Nadesan, and the head of the Tiger Peace Secretariat Pulidevan, were in regular communication with various interlocutors to negotiate surrender. They were reportedly with a group of around 300 civilians. The LTTE political leadership was initially reluctant to agree to an unconditional surrender, but as the SLA closed in on the group in their final hideout, Nadesan and Pulidevan, and possibly Colonel Ramesh, were prepared to surrender unconditionally. This intention was communicated to officials of the United Nations and of the Governments of Norway, the United Kingdom and the United States, as well as to representatives of the ICRC and others. It was also conveyed through intermediaries to Mahinda, Gotabaya and Basil Rajapaksa, former Foreign Secretary Palitha Kohona and senior officers in the SLA.

171. Both President Rajapaksa and Defence Secretary Basil Rajapaksa [sic?] provided assurances that their surrender would be accepted. These were conveyed by intermediaries to the LTTE leaders, who were advised to raise a white flag and walk slowly towards the army, following a particular route indicated by Basil Rajapaksa.[sic?]  Requests by the LTTE for a third party to be present at the point of surrender were not granted. Around 6.30 a.m. on 18 May 2009. Nadesan and Pulidevan left their hide-out to walk towards the area held by the 58th Division, accompanied by a large group, including their families. Colonel Ramesh followed behind them, with another group. Shortly afterwards, the BBC and other television stations reported that Nadesan and Pulidevan had been shot dead. Subsequently, the Government gave several different accounts of the incident. While there is little information on the circumstances of their death, the Panel believes that the LTTE leadership intended to surrender.

  On the morning of April 21, Inner City Press asked Ban's top two spokesmen to "please state the role of Mr. Nambiar in reviewing the report." No response has yet been received, more than 60 hours later. We will have more on this. Watch this site.

 Click here for an Inner City Press YouTube channel video, mostly UN Headquarters footage, about civilian deaths in Sri Lanka.

Click here for Inner City Press' March 27 UN debate

Click here for Inner City Press March 12 UN (and AIG bailout) debate

Click here for Inner City Press' Feb .26 UN debate

Click here for Feb. 12 debate on Sri Lanka http://bloggingheads.tv/diavlogs/17772?in=11:33&out=32:56

Click here for Inner City Press' Jan. 16, 2009 debate about Gaza

Click here for Inner City Press' review-of-2008 UN Top Ten debate

Click here for Inner City Press' December 24 debate on UN budget, Niger

Click here from Inner City Press' December 12 debate on UN double standards

Click here for Inner City Press' November 25 debate on Somalia, politics

and this October 17 debate, on Security Council and Obama and the UN.

* * *

These reports are usually also available through Google News and on Lexis-Nexis.

Click here for a Reuters AlertNet piece by this correspondent about Uganda's Lord's Resistance Army. Click here for an earlier Reuters AlertNet piece about the Somali National Reconciliation Congress, and the UN's $200,000 contribution from an undefined trust fund.  Video Analysis here

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