Fonseka's dual loyalty - කකුලක් රට කකුලක් මෙරට
Fonseka's dual loyalty
Mr Sarath Upali Kongahage, one of the candidates in the presidential
election,has moved a fundamental rights petition before the Supreme
Court, challenging the candidature of oppositon candidate Sarath
Fonseka on the ground that owes his allegiance to the US, being a
green card holder, and he is, therefore, unfit to hold the office of
President of Sri Lanka and should he get elected, it should be held
invalid.
In the petition, filed after Election Commissioner Dayanada
Dissanayake overruled his objection to the candidature of Gen Fonseka
on the ground that it was not within his powers to decide the issue at
the nomination stage, has prayed that the acceptance of Gen Fonseka's
nomination be declared contrary to the Constitution, that Gen Fonseka
be disqualified from being elected President and, in the event of his
victory, declare his election as null and void.
Since the petition is yet to be listed for hearing, Mr Kongahage told
Asian Tribune to mwhich he gave a copy of his petition that his idea
was to bring before the people before the election the dual loyalty of
Gen Fonseka so that they could make an informed choice.
In suport of his contention, Mr Kongahage has said that by obtaining
green card, Gen Fonseka has "pledged his allegiance to the United
States of America".
"Having regard to the awesome concentration of power in the President,
the Constitution mandates that to be eligible to ne nominated for
election, the candidate must first and foremost be a citizen of Sri
Lanka(Art 31(1)".
Under Art 32, a person elected President should take an oath to
faithfully perform duties and discharge functions of his office. "A
person with allegiance to a foreign state will not be able to
faithfully perform the duties of the President".
Further, a person owing allegiance to another country in whatever form
"will not come within the meaning of the term "citizen" and will be
ineligible to be a candidate for the presidency. "Sole and exclusive
allegiance to this country is a sine qua non for citizenship".
The green card (No AA-055-090-192) was proof of the fact that Gen
Fonseka had permanent residency rights in the US and he had
voluntarily manifested his intention to migrate to that country and
become a citizen.
A green card holder "is bound by the laws of the United States,
including laws against war crimes". Gen Fonseka "has strong links with
the US". His two daughters are American citizens and are resident in
Oklahoma. One of the daughters is married to an American citizen of
Sri Lankan origin.
In November 2009, while holding the office of Chief of Defence Staff,
Gen Fonseka left for the United States, ostensibly on an official
visit. He was required by the US department of homeland security to
present himself for an interview on Nov 4, 2009, on alleged war crimes
committed by the Sri Lankan forces during the conflict with the LTTE.
"This was an attempt to implicate incumbent Defence Secretary in human
rights violations and war crimes, an agenda pushed by the pro-LTTE
"formation" in the US "which has established a close rapport with
officials of the State Department such as former American Ambassador
to Sri Lanka Robert Blake, now the head of the South and Central Asia
Affairs’ Bureau in the State Department. Gen Fonseka was ready to
oblige the US authorities and make serious disclosures affecting
national security and integrity of Sri Lanka".
When the Government of Sri Lanka got wind of it, it directed Gen
Fonseka to return to the country immediately.
Quoting the Sri Lankan Foreign Minister, Mr Kongahage said:" The Chief
of Defence Staff is a high-level position. Whatever Gen Fonseka may
have become3 aware of during his service with the Government of Sri
Lanka and in the course of his duties, has the status of privilged
information. He has no authority to divulge or share this information
with third parties without the prior approval and consent of Sri
Lankan authorities".
But for the timely intervention by the Government of Sri Lanka, Gen
Fonseka might have divulged to the US authorities’ sensitive official
secrets. "This is a clear illustration of conflict of interest
threatening the security and integrity of this country".
Immediately after his return, Gen Fonseka visited the US embassy in
Colombo "for a reason which has not been disclosed".
Disappointed by the defeat of the LTTE terrorism, the US and some
other western powers were making frantic efforts to drag Sri Lankan
leaders to an international tribunal for alleged war crimes. Being a
green card holder keen to be in the good books for influential US
officials, Gen Fonseka had "set the stage for US and other western
powers to pressurize the UN Human rights agencies for an international
investigation into allegations of war crimes committed by Sri Lanka
during the recent conflict with the LTTE".
In this connection, Mr Kongahage cites remarks reportedly made by Gen
Fonseka at a celebratory meeting held on July 18, 2009 that the
"military had to overlook the traditional rules of war and even kill
LTTE rebels who came to surrender, carrying white flags". This
statement appeared in the US State Department report to the Congress
in June 2009.
In December 2009, Gen Fonseka told Sunday Leader editor fredrica Jansz
that Defence Secretary Gothabaya Rajapaksa instructed Brigadier
Shavindra Silva, commander of the 58th division that all LTTE leaders
must be killed and not allowed to surrender. He also said in the same
interview that on the night of May 17, 2009, desperate attempts were
made by three senior leaders of the LTTE trapped in the war zone to
save their lives, but they were shot dead as they were preparing to
surrender to the government forces.
The "treacherous information", volunteered by Gen Fonseka after he
filed his nomination for the presidency, had caused an international
uproar against the Government of Sri Lanka, the Defence Secretary and
the military establishment in Sri Lanka.
Within five days of the Sunday Leader interview, the UN Special
Rapporteur, Mr Philip Alston wrote to the Government of Sri Lanka,
calling for its observations based entirely on Gen Fonseka's press
statement. Though Gen Fonseka made a feeble attempt to deny the said
statement, Fredrica Jansz had stood by her story.
Given Gen Fonseka's background, if by chance he got elected as
President, it would expose Sri Lanka to "foreign infleunce" to the
detriment of its friendly relations with India. Mr Kongahage has cited
an article published by Asian Tribune on Jan 1, 2010.
If Gen Fonseka was elected President, the hard won victory of the
security forces against the LTTE would suffer a serious setback by
reason of foreign manipulation, more particularly by the US-backed
LTTE diaspora.
The decision of the Tamil National Alliance, proxy of the LTTE, to
support him "despite its earlier accusations of serious human rights
violations and despite his notorious anti-minority credentials is
evidence of the role assigned to him by the US-backed LTTE diaspora",
Mr Kongahage has said.
He has prayed that in case Gen Fonseka is declared elected, it should
be held null and void.
- Asian Tribune -
Fonseka's dual loyalty
Mr Sarath Upali Kongahage, one of the candidates in the presidential
election,has moved a fundamental rights petition before the Supreme
Court, challenging the candidature of oppositon candidate Sarath
Fonseka on the ground that owes his allegiance to the US, being a
green card holder, and he is, therefore, unfit to hold the office of
President of Sri Lanka and should he get elected, it should be held
invalid.
In the petition, filed after Election Commissioner Dayanada
Dissanayake overruled his objection to the candidature of Gen Fonseka
on the ground that it was not within his powers to decide the issue at
the nomination stage, has prayed that the acceptance of Gen Fonseka's
nomination be declared contrary to the Constitution, that Gen Fonseka
be disqualified from being elected President and, in the event of his
victory, declare his election as null and void.
Since the petition is yet to be listed for hearing, Mr Kongahage told
Asian Tribune to mwhich he gave a copy of his petition that his idea
was to bring before the people before the election the dual loyalty of
Gen Fonseka so that they could make an informed choice.
In suport of his contention, Mr Kongahage has said that by obtaining
green card, Gen Fonseka has "pledged his allegiance to the United
States of America".
"Having regard to the awesome concentration of power in the President,
the Constitution mandates that to be eligible to ne nominated for
election, the candidate must first and foremost be a citizen of Sri
Lanka(Art 31(1)".
Under Art 32, a person elected President should take an oath to
faithfully perform duties and discharge functions of his office. "A
person with allegiance to a foreign state will not be able to
faithfully perform the duties of the President".
Further, a person owing allegiance to another country in whatever form
"will not come within the meaning of the term "citizen" and will be
ineligible to be a candidate for the presidency. "Sole and exclusive
allegiance to this country is a sine qua non for citizenship".
The green card (No AA-055-090-192) was proof of the fact that Gen
Fonseka had permanent residency rights in the US and he had
voluntarily manifested his intention to migrate to that country and
become a citizen.
A green card holder "is bound by the laws of the United States,
including laws against war crimes". Gen Fonseka "has strong links with
the US". His two daughters are American citizens and are resident in
Oklahoma. One of the daughters is married to an American citizen of
Sri Lankan origin.
In November 2009, while holding the office of Chief of Defence Staff,
Gen Fonseka left for the United States, ostensibly on an official
visit. He was required by the US department of homeland security to
present himself for an interview on Nov 4, 2009, on alleged war crimes
committed by the Sri Lankan forces during the conflict with the LTTE.
"This was an attempt to implicate incumbent Defence Secretary in human
rights violations and war crimes, an agenda pushed by the pro-LTTE
"formation" in the US "which has established a close rapport with
officials of the State Department such as former American Ambassador
to Sri Lanka Robert Blake, now the head of the South and Central Asia
Affairs’ Bureau in the State Department. Gen Fonseka was ready to
oblige the US authorities and make serious disclosures affecting
national security and integrity of Sri Lanka".
When the Government of Sri Lanka got wind of it, it directed Gen
Fonseka to return to the country immediately.
Quoting the Sri Lankan Foreign Minister, Mr Kongahage said:" The Chief
of Defence Staff is a high-level position. Whatever Gen Fonseka may
have become3 aware of during his service with the Government of Sri
Lanka and in the course of his duties, has the status of privilged
information. He has no authority to divulge or share this information
with third parties without the prior approval and consent of Sri
Lankan authorities".
But for the timely intervention by the Government of Sri Lanka, Gen
Fonseka might have divulged to the US authorities’ sensitive official
secrets. "This is a clear illustration of conflict of interest
threatening the security and integrity of this country".
Immediately after his return, Gen Fonseka visited the US embassy in
Colombo "for a reason which has not been disclosed".
Disappointed by the defeat of the LTTE terrorism, the US and some
other western powers were making frantic efforts to drag Sri Lankan
leaders to an international tribunal for alleged war crimes. Being a
green card holder keen to be in the good books for influential US
officials, Gen Fonseka had "set the stage for US and other western
powers to pressurize the UN Human rights agencies for an international
investigation into allegations of war crimes committed by Sri Lanka
during the recent conflict with the LTTE".
In this connection, Mr Kongahage cites remarks reportedly made by Gen
Fonseka at a celebratory meeting held on July 18, 2009 that the
"military had to overlook the traditional rules of war and even kill
LTTE rebels who came to surrender, carrying white flags". This
statement appeared in the US State Department report to the Congress
in June 2009.
In December 2009, Gen Fonseka told Sunday Leader editor fredrica Jansz
that Defence Secretary Gothabaya Rajapaksa instructed Brigadier
Shavindra Silva, commander of the 58th division that all LTTE leaders
must be killed and not allowed to surrender. He also said in the same
interview that on the night of May 17, 2009, desperate attempts were
made by three senior leaders of the LTTE trapped in the war zone to
save their lives, but they were shot dead as they were preparing to
surrender to the government forces.
The "treacherous information", volunteered by Gen Fonseka after he
filed his nomination for the presidency, had caused an international
uproar against the Government of Sri Lanka, the Defence Secretary and
the military establishment in Sri Lanka.
Within five days of the Sunday Leader interview, the UN Special
Rapporteur, Mr Philip Alston wrote to the Government of Sri Lanka,
calling for its observations based entirely on Gen Fonseka's press
statement. Though Gen Fonseka made a feeble attempt to deny the said
statement, Fredrica Jansz had stood by her story.
Given Gen Fonseka's background, if by chance he got elected as
President, it would expose Sri Lanka to "foreign infleunce" to the
detriment of its friendly relations with India. Mr Kongahage has cited
an article published by Asian Tribune on Jan 1, 2010.
If Gen Fonseka was elected President, the hard won victory of the
security forces against the LTTE would suffer a serious setback by
reason of foreign manipulation, more particularly by the US-backed
LTTE diaspora.
The decision of the Tamil National Alliance, proxy of the LTTE, to
support him "despite its earlier accusations of serious human rights
violations and despite his notorious anti-minority credentials is
evidence of the role assigned to him by the US-backed LTTE diaspora",
Mr Kongahage has said.
He has prayed that in case Gen Fonseka is declared elected, it should
be held null and void.
- Asian Tribune -
