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NEW DELHI, September 11: Sri Lankan President Mahinda Rajapaksa is open for a dialogue with the Tamil National Alliance (TNA) on the implementation of the 13th Amendment to the Sri Lankan Constitution, which devolves more powers to provinces in the island nation.

In an interview to The Hindu newspaper published today, Rajapaksa denied reports that he was upset about the meeting Indian Prime Minister Narendra Modi had with six leaders of the Tamil-majority North and Eastern provinces. It was their right in a democracy "to meet anyone," he said.

Implementation of the 13th Amendment is one of India’s key demands, and Modi had told a TNA delegation that "he was dismayed by reports that the Sri Lankan government proposed to dilute the 13th Amendment," officials said.

President Rajapaksa said he is grateful for India’s stand on the UN Human Rights Council (UNHRC) vote in Geneva in March this year. New Delhi refused to endorse the demand for an inquiry by an international agency into allegations of "war crimes" by the Sri Lankan Army against the LTTE in 2009.

"Our government is conducting local investigations, but we won’t allow them to internationalise it," Rajapaksa said. "The next time the UNHRC will say that there must be an international inquiry into Kashmir. What would be our position? Whether it is against India or Sri Lanka, we will not allow an external inquiry."

He conceded that the inquiry into nearly 20,000 "disappearances" during the war was pending, and they still had not concluded who was responsible for the death of LTTE leader

Velupillai Prabakaran’s son Balachandran Prabakaran during Eelam War IV that ended in May 2009.

In photographs published at that time, the boy was seen being guarded by men in uniform, suggesting it was a custodial killing. "We are investigating it still ... I don’t believe that [it was carried out by the military]. But if it is true, I must know. That is why we are inquiring. In a war, when both sides are fighting, how can you say who shot at whom?" he said.

Asked if he is planning to hold early elections, possibly in January 2015, Rajapaksa quipped: "They could be. I am not ruling that out."

Queried about the plan for an air force maintenance base in Trincomalee which has been given to the Chinese (PLA-run) company CATIC, Rajapaksa said: "How does it matter? Aren’t there Chinese companies inside India? In South India too? India has nothing to worry about from China in Sri Lanka. As long as I am here, I can promise that."

Chinese President Xi Jinping is visiting Sri Lanka on September 16, when the two countries are expected to sign a Free Trade Agreement.

The following are some excerpts from the interview:

Q: What has the Lessons Learnt and Reconciliation Commisson (LLRC) has achieved so far?

A: We have already implemented 35 proposals of the LLRC and more are to be implemented. Some of them deal with issues like land, which can’t be done overnight.

Q: At the UNHRC session in progress right now, your ambassador admitted there have been thousands of cases of disappearances during the war years.

A: We have already appointed a Disappearances Commission in Sri Lanka, and about 20,000 cases have appeared before the commission. The cases are from both the North (Tamil-dominated areas) as well as from the armed forces. The report is still not out, but from what I understand, the majority of the cases are where the LTTE was responsible for the disappearances.

Q: Five years later, the accusation that arises is that President Rajapaksa won the war, but is yet to win the peace?

A: If you go to the north and east you will see the real situation. We can’t change the mindset of the older politicians, the ones who were once entrenched with the LTTE. But younger people feel differently today. We held provincial council elections there last year, knowing very well that we would lose. There is a new freedom of movement after the war. People from the north are freely travelling to the south, those from the south feel comfortable travelling to the north.

Q: When members of the TNA met Prime Minister Narendra Modi in New Delhi, they listed their concerns, including your government’s failure to devolve power, the presence of military in the north and east, and your interference in civil administration.

A: There is no interference at all. Of course, the main officials are appointed by me. But when they have asked me to transfer them, those officials go to court…what do I do?

Q: If you have allowed this process, if you have had elections, shouldn’t you now hand over these powers to the elected representatives?

A: When it comes to the 13th amendment, other than police powers, they have all powers, and I can discuss that with them.

Q: The Chief Minister cannot choose his bureaucrats, and they don’t report to him.

A: That is something we can discuss. I am ready to talk to the TNA, but they refuse to talk to me. Without a dialogue how can I discuss devolution or anything else?

Q: What about the presence of military in the north and east? It isn’t just a large presence, but the land they have acquired.

A: Since the war ended in 2009, the presence of the military has been reduced by 90 per cent. I am trying to move them to other areas…but how much further can I go? I have to find space for my Army in Sri Lanka itself…I can’t send them to be housed in India or some other country, can I?

Q: But the most emotive issue for India has been the idea that there is colonisation of Tamil areas, that non-Tamils are settling in those areas.

A: I deny that categorically. There has been no demolition of Tamil monuments. There is no colonisation. But in Sri Lanka, any citizen can live in any part of the country — whether the person is Tamil, Sinhalese or Muslim.

Q: Part of the reason it is difficult for the Central government to move forward in ties with Sri Lanka is the bad relationship you have with political parties in Tamil Nadu, particularly with Chief Minister Jayalalithaa.

A: What can I do? I have always tried to speak. (smiles) I always raise the white flag of peace with her.

Q: Yet your Defence Ministry website portrayed her in a derogatory manner.

A: That was a serious error. That is why, as soon as the Defence Secretary came to know of it and told me, it was taken off immediately and we apologised. Even I apologised after that.

Q: The long-term problem is that of fishermen from Tamil Nadu being arrested by the Sri Lankan Navy.

A: I always believe that fish do not have any borders, and fishermen have to follow the fish to catch them. But the fishermen from the Indian side have been destroying the environment, using massive bottom trawlers, which are depleting all the resources of fish, and we cannot tolerate that. And bottom trawling of this kind is banned even in India now.

Q: You have freed the fishermen but not their boats. Is that something you would consider?

A: No, not at the moment. Because if I allow the boats to return, again they will return and do the same thing.

Q: Has the relationship between India and Sri Lanka undergone a shift this year? India has backed Sri Lanka on its stand not to allow UN rapporteurs appointed by the UNHRC to visit.

A: That shift came before the elections, when India decided to abstain at the UNHRC vote, and didn’t support the resolution for an international enquiry.

Q: The Sri Lankan ambassador has admitted at the ongoing UNHRC session that there are 19,471 cases of missing persons. Why not allow the UN to assist finding them?

A: We want a local enquiry here to find out what happened to them. Obviously many are missing in the war, both from the civilians and the Army. But we reject this UN commission, and how it was formed. From the beginning, the statements by the (former) UNHRC Commissioner (Navi Pillay) were biased. We invited her here. She told us one thing and said another thing after returning. But we have nothing to hide, so if the new Human Rights commissioner wishes to come, we would accept his request.

Q: Even your government has admitted they are investigating the Muttur massacre (killing of aid workers ) and the Channel 4 allegations (of war crimes), and Ms Pillay has said your blocking the team won’t stop them from enquiring.

A: Our government is speaking of local investigations, but we won’t allow them to internationalise it.

Q: India voted twice for what Ms Pillay recommended (2012, 2013 UNHRC resolutions). Does that still hurt?

A: No, we understand. They had to face their electorate there. Look, relations between India and Sri Lanka are very strong and will remain strong. We will never forget that in the defeat of the LTTE, India was a major factor. We will not forget the support that India gave us.


BY S VENKAT NARAYAN Our Special Correspondent
island.lk

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