FOREIGN MINISTER AND AMBASSADOR DISCUSS DEVOLUTION

C O N F I D E N T I A L SECTION 01 OF 03 COLOMBO 001170

SIPDIS

SIPDIS

STATE FOR SCA/INS, USPACOM FOR FPA

E.O. 12958: DECL: 07/01/2017
TAGS: PREL PHUM UNGA CE
SUBJECT: FOREIGN MINISTER AND AMBASSADOR DISCUSS DEVOLUTION
AND HUMAN RIGHTS; MINISTER SEEKS MEETING WITH SECRETARY IN
OCTOBER

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Classified By: Ambassador Robert O. Blake, Jr. for reasons
1.4 (b) and (d).


1. Summary: In an August 27 meeting, Foreign Minister
Bogollagama and Ambassador reviewed human rights, the status
of the All Parties Representative Committee (APRC)
deliberations, and a request by the Foreign Minister to meet
the Secretary anytime between October 4 and 8 in Washington.
The Ambassador told the Minister that local human rights
activists groups credit the GSL with reducing substantially
the number of abductions in Colombo in recent months.
However, the human rights situation in Jaffna, Vavuniya and
Mannar remains as bad as ever and there appeared to have been
only a slight improvement in the east. He reminded the
Minister that SCA PDAS Mann recently informed Ambassador
Goonetilike that a meeting with the Secretary at UNGA would
not be possible absent progress on human rights. With
respect to the APRC, the Ambassador welcomed the President's
personal endorsement of provincial level devolution, but
expressed concern that: a) consensus remained elusive on the
question of dropping the "unitary" state that is anathema to
Tamils; and b) the JVP had threatened to withdraw its support
for the government during the November budget debate should
the government proceed with provincial level devolution. The
Minister acknowledged an APRC delay was possible. Ambassador
urged the GSL not to allow the JVP to hijack the possibility
of fashioning a credible devolution proposal. End Summary.



2. (C) The Foreign Minister convoked Ambassador on August
27 to respond to the Ambassador's letter reminding the GSL of
the importance of complying with the provisions of UNSCRs
1737 and 1747 requiring member states to freeze the assets of
Iranian bank Sepah (sep tel). Following that brief
discussion the Minister asked all notetakers to leave so he
could speak privately with the Ambassador. The Minister
opened by asking the Ambassador's frank assessment of
progress with respect to the All Parties Representative
Committee (APRC) and Human Rights.

Human Rights: Modest Progress but Much More to Be Done
-------------- --------------


3. (C) The Ambassador responded that there had been modest
progress on human rights, but much more needed to be done.
Elaborating, the Ambassador noted that local human rights
groups credited the GSL with reducing substantially the
number of abductions in Colombo in recent months. However,
the human rights situation in Jaffna, Vavuniya and Mannar
remain as bad as ever and there appeared to have been only a
slight improvement in the east. The Ambassador reminded the
Minister that with the President's forthcoming trip to New
York for the UN General Assembly, many governments would be
seeking indicators of progress, since the President announced
the formation of the Commission of Inquiry at last year's
UNGA. With the one year anniversary of the Commission fast
approaching, the Commission had only just begun to deal with
two of the many high profile cases it had been tasked to
investigate. The Ambassador urged the government to do
everything possible to accelerate the work of the Commission
and bring known perpetrators of human rights violations to
justice.

APRC: Sinhalese Support for "Unitary" State a Stumbling Block
-------------- --------------


4. (C) With respect to the APRC, the Ambassador welcomed
the President's personal endorsement of provincial level
devolution, but expressed concern that: a) consensus remained

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elusive on the question of dropping the "unitary" state that
is anathema to Tamils; and b) the JVP had threatened to
withdraw its support for the government during the November
budget debates should the government proceed with provincial
level devolution. The Ambassador explained that the SLFP's
continued support for a "unitary" state led many moderate
Tamils and others to question the sincerity of the SLFP's
support for devolution if the language, culture and religions
of other minorities are not provided for and protected in the
Constitution.


5. (C) The Minister thanked the Ambassador for his candor
and addressed first the APRC question. He noted that the
President's personal position had evolved substantially from
his earlier support for district-level devolution. He
explained, however, that the President was reluctant to go
the last mile because he was concerned that the UNP and JVP
would exploit for electoral advantage any significant
concessions to the Tamils. The Ambassador interjected that
the President should not allow the JVP to hijack his agenda.
Most political analysts believe the JVP is bluffing in its
threats to bring down the government because it is likely the
JVP would lose votes if new parliamentary elections were to
be held. Furthermore, despite the UNP's current tough
language against the government, it was unlikely that the UNP
would oppose federal devolution within a united Sri Lanka
because Tamils and other minorities form a key part of the
UNP's electoral base. Finally, the President remains
personally popular among the Sinhalese electorate, and has
the charisma to explain to them why devolution will help them
and the country.


6. (C) Bogollagama agreed with "most" of the Ambassador's
analysis, but cautioned that the President had to proceed
cautiously. He said the President is particularly concerned
about the majority Sinhalese districts that border LTTE
controlled areas, such as the districts of Anuradhapura,
Polonnaruwa and Monoragala. The President needed to build
the confidence of the Sinhalese electorate in those areas
through development programs and through further progress in
the east. With respect to a possible delay in the APRC
proceedings until after the November budget debate, the
Minister acknowledged this was a serious possibility, but
said no final decision had been made. The Ambassador said a
delay might be acceptable provided the government is willing
to cede on the unitary issue and come forward with a complete
APRC devolution package that will satisfy moderate Tamils.
The Minister agreed, but said the unitary question might have
to be put before the Supreme Court since this involved a
constitutional change. The Ambassador suggested that many
other proposals within the APRC would also require
constitutional changes so the package might better be
considered as a whole with the "unitary" word finessed in
some other way, which Professor Vitharana was trying to solve.

Request to Meet Secretary Rice in October
--------------


7. (C) In closing, Bogollagama briefed the Ambassador on
his travel plans for September. Bogollagama said he plans to
visit Brussels on September 4 to meet Javier Solana and Paris
September 5 to meet Foreign Minister Kouchner. The Minister
and President Rajapaksa plan to arrive in New York on
September 23. The President will stay in New York three
days; the Minister plans to stay until October 4.
Bogollagama then proposed to come to Washington anytime
between October 4 through October 8. He said he hoped to
bring Defense Secretary Rajapaksa with him so the two could
meet with Secretary Rice. The Ambassador drew the Minister's

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attention to Ambassador Goonetilike's recent meeting with SCA
PDAS Mann in which Mann had informed Goonetilike that a
meeting with the Secretary at UNGA would not be possible
absent significant progress on human rights. The Minister
nodded and said he would do his best.


8. Comment: It is clear that the President remains
concerned about JVP threats to bring down his government.
His thin majority in Parliament and his natural reluctance to
part political company with the JHU and JVP who helped get
him elected President, account for the President's hesitation
in endorsing a devolution package that will be acceptable to
moderate Tamils. Septel will provide more details. This was
the first we have heard that the President plans to scale up
development in the districts of Anuradhapura, Polonnaruwa and
Monoragala. If so, this is welcome news for the Foreign
Minister since his own electoral constituency in nearby
Kurunegala would stand to benefit.
BLAKE