Following the letter sent by Ms. Kim Soo A on behalf of the AHRC to the Director General of UNESCO objecting to the appointment of an article appeared in LANKAWEB. The AHRC sent its reply today and we reproduce below the text of our letter. Please refer to this link to see our earlier letter AHRC-OL-059-2006
November 3, 2006
The Editor
Lankaweb
I refer to the article published in Lankaweb on October 30, 2006, by Charles Perera entitled, Please do not compare our political leaders to the incomparables Ms. Kim Soo-A.
Mr. Perera thinks that writing to UNESCO about the appointment of the former President Chandrika Kumaratunga as interference into the activities of the organisation and its independence. This view undermines the principle of accountability of any organisation and in particular a UN body.
These agencies are bound by their mandate to follow and promote international norms and standards in all aspects of their work and to ensure that human rights are respected at all times. Accountability is a fundamental principle that no government or international body can circumvent. It is unfortunate that the notion of accountability still remains alien to the political culture of Sri Lanka.
Also from the principle of accountability is the premise that a head of state remains responsible for whatever human rights abuses that may have occurred while in office for the remainder of their lives. Being a head of state is not just a job that you do one day and then shift into something else the next day. If there had been gross human rights abuses during the office of any head of state during their time in office they remain accountable for ever. Nothing is more destructive to democracy that to displace it and introduce an authoritarian system of governance. This of course was not done initially by Mrs. Kumaratunga but by the first president J.R. Jayawardene. That the 1978 Constitution was one of a dictatorship was the view expressed by Mrs. Kumaratunga herself just before coming into office. The AHRC has in the past compared the rule of J.R. Jayawardene to Jean Bedel Bokassa of the Central African Republic and has given extensive analyses of the style of authoritarianism represented by it and the destructive effect it has had on the entire system of governance, democracy and the rule of law in the country. Mrs. Kumaratunga sought a political mandate to abolish that system but later did not pursue this aim. Instead she followed the path created by Jayawardene. Thus, she is responsible for the continuing destruction caused by the system of authoritarianism on all aspects of institutions and life in Sri Lanka.
She held the position of head of state for a very long time. A head of state cannot claim that such important matters as investigations into gross human rights abuses, such as mass disappearances, and the collapse of the system were matters beyond her control. The very essence of being the head of state is that the person who holds that position has all the resources available within the state to deal with problems, and that if needed, help could be sought from other countries and the international community.
The issue of specific allegations whether they relate to murder, personal enrichment of the head of state itself or those who are close associates and acts which may have caused serious harm, including death, and the prevention of inquiries is that once they are publicly made there is an obligation on the part of persons so accused to answer such charges. This is not merely a question of personal liability but a matter of importance to the public because they have a right to the truth. When an author, by a publication which has been widely distributed such as Choura Raegina published by Victor Ivan makes chilling accusations the public has a right to have an answer. This responsibility of providing an answer lies with the former head of state, so accused, as well as the government in power.
As the AHRC through numerous publications almost on a daily basis pointed out, Sri Lanka today is a lawless place. All heads of state since 1978 bear the responsibility for this. The violence and insecurity that the nation has to live with is the test by which the contribution of a head of state has to be measured. The legacy of Mrs. Kumaratunga is not different to other dictators such as Marcos of the Philippines and Suharto of Indonesia. Mrs. Kumaratunga like J.R. Jayawardene will be ranked in history with the worst; that was her choice.
Thank you
Basil Fernando
Executive Director
Asian Human Rights Commission
