Saturday, 4 August 2018

Vishvamadu success yet to be utilized

Reconciliation process:

SPECIAL REPORT : Part 228

 

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May 2009, on the Vanni east front: Maj. Gen. Shavendra Silva, General Officer Commanding (GOC) of celebrated 58 Division (seated) talks to surrendered LTTE cadres. Sri Lanka implemented a highly successful rehabilitation programme which paved the way for restoration of peace. Contrary to speculation, there hadn’t been a single terrorist attack since the May 2009 though there were some detections of explosives. Sri Lanka rehabilitated nearly 12,000 LTTE cadres and the vast majority of them live peacefully. Among them Vishvamadu cadres who were lucky to receive Lt. Colonel Ratnapriya Bandu as their ‘guardian’ in 2012.

By Shamindra Ferdinando

One time Human Rights Commissioner, attorney-at-law Javed Yusuf, says Lt. Colonel Ratnapriya Bandu’s post-war experience with former Liberation Tigers of Tamil Eelam (LTTE) combatants and their families, in the Vishvamadu, area can be quite useful to the national reconciliation process.

 The former diplomat, educator and peace activist, Yusuf is certainly not alone in asserting Ratnapriya Bandu’s capacity to play a role in the reconciliation process.

Yusuf had been Sri Lanka’s Ambassador to Saudi Arabia, in addition to being former Senior Advisor on Arab and Islamic Affairs to the Ministry of Foreign Affairs and former Secretary General of the Peace Secretariat for Muslims. Yusuf managed the Peace Secretariat for Muslims during the Norwegian-facilitated peace process that ultimately led to the final war (2006 August-2009 May).

 Lt. Colonel Bandu, formerly of the Special Forces, played a critical role in the post-war reconciliation process in his capacity as the most senior officer responsible for Civil Security Department deployment in the north. Vishvamadu-based Lt. Colonel Bandu’s groundbreaking handling of the ex-LTTE cadres earned him love, respect and admiration from the vast majority of Tamils, living in the Vanni.

The writer sought Yusuf’s opinion on the Sinha Regiment officer’s still unused Vishvamadu experience.

Asked whether he could explain how the Office for National Unity and Reconciliation (ONUR), responsible for spearheading post-war national reconciliation process as well as the civil society seeking the same, could utilize the Army officer’s experience and whether he would talk to Bandu if he hasn’t done so already, Yusuf said: "...one of the ways that ONUR works is to build trust among people of different communities at the grassroots level and attempts to facilitate the reconciliation process by acting as a catalyst to reconciliation initiatives. In this context, Lt. Colonel Bandu’s efforts and his work in winning the trust and confidence of former LTTE rehabilitated cadres, with whom he worked, will have many lessons for those working in the field of reconciliation. His efforts have received the attention of ONUR and his role is an interesting case study not only for ONUR but for all those working towards reconciliation."

The Island Midweek section dealt with Ratnapriya Bandu’s story, twice, in June 2018 in the wake of grateful Vishvamadu Tamils giving an unprecedented send off on June 10 to the Army officer. The two pieces titled ‘Vishvamadu images: BIG BOOST FOR NATIONAL RECONCILIATION’ and ‘Parliament reacting differently to images from the Vanni.’ Among those who responded to the writer’s query as regards Lt. Colonel Bandu’s experience was ONUR, headed by twice President Chandrika Bandaranaike Kumaratunga. On behalf of the ONUR, its Director General M.S. Jayasinghe said: ONUR has noted, with optimism, the developments in Vishvamadu in relation to the news reports about Lt.Col. Ratnapriya’s farewell event and his approach with local stakeholders. We will get in touch with Sri Lanka Army and seek any relevant inputs from the officer concerned as part of our efforts to understanding various perspectives and learning from experiences, to move forward. We already support initiatives to assist with livelihood, psycho social, development and similar needs of war-affected communities, including ex-combatants, to bring normalcy to their lives."

 Unfortunately, neither the government nor the civil society, has so far taken any tangible measures to learn from Lt. Colonel Bandu’s experience though Lanka is still struggling to cope up with reconciliation issues, nearly a decade after the conclusion of the conflict. Interestingly Lt.Col. Bandu had functioned as the Second-in-Command of the First Battalion of the Sinha Regiment, assigned to the 59 Division deployed across the Nanthikadal lagoon, during the final phase of the offensive carried out by the celebrated 58 Division and 53 Division.

Many an eyebrow has been raised over the continuing failure on the part of the government, and the civil society, to examine the Vishvamadu experience.

 Perhaps, National Integration, Reconciliation and Official Languages Minister Mano Ganesan, who had previously intervened on behalf of Lt. Colonel Bandu, on a request from ex-LTTE combatants, should explore ways and means of utilizing the officer’s valuable experience with members of one of the most ruthless terrorist organizations that enjoyed conventional military capability, till 2009.

Since the conclusion of the war, nearly 10 years ago, Western powers repeatedly pressured Sri Lanka on the diplomatic front, initially demanding an international war crimes investigation during the previous Rajapaksa administration. Following the change of government, in January 2015, the Sirisena-Wickremesinghe government quickly accepted despicable Western strategy leading to Sept/Oct 2015 consensus on Geneva Resolution ‘Promoting reconciliation, accountability and human rights in Sri Lanka’. Instead of genuine reconciliation, the Resolution on the basis of unsubstantiated war crimes allegations, recommended punitive and humiliating measures. Geneva, also recommended a brand new Constitution, subjected to approval at a countrywide referendum.

Rs. 1.6 bn worth US project

 In support of the Geneva project, Western powers, following the change of government in January 2015, had made available substantial funds in support of the post-war national reconciliation process. The European Union and the US, this year, granted Rs 4.3 bn in support of the Sri Lanka reconciliation process. Perhaps, the recipients of the EU and US funding may seek to benefit from Lt. Colonel Bandu’s experience. There is no clear estimate of the amounts spent by foreign taxpayers in support of reconciliation projects here.

Let me reproduce verbatim a US embassy press release, titled ‘USAID partners with community organizations and government to support reconciliation in Sri Lanka’ issued last Friday (July 20). The statement dealt with releasing of a staggering Rs. 1.6 bn on June 29, 2018, to community organizations to cover projects covering a three-year period. The US statement: "On June 29, the United States Agency for International Development (USAID) awarded approximately 1.6 bn Sri Lankan rupees ($10,000,000) in grant assistance to Global Communities to engage local communities in reconciliation activities.

"This three-year initiative will partner with the Government of Sri Lanka and local civil society to address underlying challenges to reconciliation. The project will promote a shared and inclusive Sri Lankan identity, reduce socio-economic disparities, and strengthen resilience among multi-ethnic and multi-religious communities."

 The statement quoted USAID Mission Director to Sri Lanka and the Maldives Reed Aeschliman as having said: "USAID is proud to partner with the Sri Lankan people and government in their efforts to build a society that works together for the greater good and prosperity of the country."

"Activities will expand citizen-driven initiatives and networks among local communities and support those affected by the war. They will also strengthen local governments and community-based organizations that provide critical services to the most needy and increase access to psychosocial services.  Additionally, the project will increase opportunities for youth and women to exercise leadership in promoting responsible citizenship and reconciliation.

 "USAID has provided development and humanitarian support to the Government and the people of Sri Lanka for more than 60 years."

 The writer didn’t receive a response to the following questions emailed to the US embassy soon after receiving the statement which The Island carried on its front page. The print media largely ignored the statement: (a) Could you please give us the number of civil society organizations involved in this particular project? (b) Were there North-East based organizations among those recipients? The Island also sought pictures taken at the event.

EU funds projects to the tune of Rs 3.7 bn

 The European Union, now at logger heads with Sri Lanka in the wake of President Maithripala Sirisena vowing to resume judicial executions, regardless of consequences, launched a high profile project, with the support of Germany, in November 2017. According to the EU, the project is aimed at strengthening the reconciliation processes in Sri Lanka (SRP). The high profile project is implemented by GIZ and the British Council. The EU-German initiative intends to support government, non-government, and grassroot-level initiatives in six different areas. The EU explained:

 Tracking Progress on Reconciliation involves developing a barometer for this purpose, in cooperation with national and international partners. This area will also work to produce scorecards to assess performance of the government’s reconciliation initiatives.

Facilitating Learning and Institutional Development seeks to establish sustainable, institutionalized capacity development of stakeholders along with training and dialogue platforms.

Through Communication and Inclusive Policy Making the programme aims to increase public engagement in the reconciliation process, involving the media, government, civil society and development partners.

 The area of Dealing with the Past comprises two units. The first being historical dialogue, which aims to create a space to acknowledge the past and discuss history and memory. The second is strengthening mental health and psychosocial support services, which aim to build capacity, develop referral systems, and promote emerging/promising practice in the field.

 Through Arts & Culture, SRP will develop the capacity of organisations and build networks in this field, while supporting arts and culture initiatives on reconciliation, the production of related content, and coordinating forums such as the WINGS conference and film festivals.

 The sixth area, Reducing Language Barriers, involves developing the bilingual capacities of public service officers, improving and facilitating access to bilingual services and increasing the number of registered bilingual translators and interpreters."

 The following is the text of EU statement verbatim issued on 2018 March 21. Headlined ‘Ministry of National Integration and Reconciliation, the European Union and the Government of Germany to support reconciliation in Sri Lanka’, the statement dealt with a four-year programme: "The Ministry of National Integration and Reconciliation, the European Union and the Government of Germany launched a programme today to support reconciliation in Sri Lanka. The programme, worth Rs 2.7 billion, will be in collaboration with the Ministry of Co-existence, Dialogue, and Official Languages, the Office for National Unity and Reconciliation (ONUR), as well as other relevant line ministries and civil society organizations. It will be implemented by the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) and the British Council.

"The goal of the four-year programme is to support government, non-government and grassroots organisations in the national reconciliation process. The primary focus of the programme is to track progress on national reconciliation, facilitate learning and strengthen institutions at national and sub-national levels as well as promote public engagement in policy making. The programme will also contribute to dealing with the past through memorialisation, strengthening mental health and psychosocial care, and using art and culture as a medium to promote reconciliation. As a means to help address challenges identified by the Government of Sri Lanka, the programme will lay emphasis on reducing language barriers in order to provide better public services. Some of the key outputs of the programme include:

* a mobile museum and theatre in 35 locations reaching up to 350,000 people;

* 6,000 clients accessing mental health and psychosocial support services;

* a minimum of 300 media personnel and cultural actors trained in arts and culture, aiming to reach a minimum audience of 4-5 million;

* 1,200 public officers receiving language training, including police, court officials and health workers.

The European Union has supported reconciliation in Sri Lanka since 2017 through various programmes and with a total funding amounting Rs 3.7 billion.

 For more than 15 years, projects / programmes funded by the German government contribute to the overarching objective of peace building and reconciliation."

 In addition to Rs 2.7 bn made available in support of the four-year project, the EU has granted another Rs 1 bn since the beginning of 2017. If totalled, EU and US funding alone in 2017 and 2018 amounted to an astounding Rs. 5.3 bn.

Perhaps the Sri Lanka Army can offer the services of Lt. Colonel Bandu to those civil society organizations and ONUR engaged in peace building. In case, they aren’t keen to benefit from his experience or the Army, and for some silly reason does not want to exploit the Vishvamadu success, ONUR and civil society should go straight to the people of Vishvamadu to learn their experience during the 2012-2018 periods. The failure to benefit from hitherto unknown highly successful Vishvamadu reconciliation cannot be acceptable under circumstances, especially since Western powers are funding costly projects. The inordinate delay in utilizing the officer’s experience to further develop existing reconciliation process is shocking. The failure on the part of the Army to benefit from its Vishvamadu experience is pathetic. Absence of Vishvamadu images of grateful ex-LTTE combatants, their families and other Tamils felicitating Lt.Col. Bandu in any of the government-run websites, including that of the Army and ONUR, is nothing but a disgrace.

Images from Vishmadhu must have been posted on ONUR website at least after the writer sought its Director General, Jayasinghe’s opinion on Lt. Colonel Bandu’s achievement.

The government certainly owed an explanation to the discerning public why Vishvamadu achievement is continued to be ignored amidst continuing efforts to pursue war crimes inquiry. The government and the Army seemed to be blind to the fact that Lebanon, bound peacekeepers are held up since 2018 March pending Human Rights Commission of Sri Lanka (HRCSL) vetting, largely due to unsubstantiated war crimes allegations.

 The Sirisena-Wickremesinghe government created history in 2015 Oct by co-sponsoring Geneva Resolution against its own armed forces.

War-winning President Mahinda Rajapaksa’s group, too, has failed to pressure the government over the handling of the post-war national reconciliation process (read a lucrative industry). In addition to the funding made available by the EU and the US, several other ‘sources’, including Norway, provided funds to civil society groups here. The government and those who funded costly projects should now examine them to ascertain the failure to achieve national reconciliation. Had previous projects succeeded, the EU and US wouldn’t have to grant a further Rs. 5.3 bn since last year for the same.

In fact, successive governments never bothered to properly examine grandiose projects undertaken by Non-Governmental Organizations (NGOs) and civil society during the conflict and after. For want of an efficient monitoring process, those recipients pursued agendas, in some instances severely inimical to national interest. During the conflict, foreign powers and NGOs granted funds amounting to millions of USD to various organizations that propagated the LIE a negotiated settlement a necessity as the LTTE couldn’t be defeated militarily.

Even Mahinda Rajapaksa, at the onset of his first term, strongly believed in Oslo- negotiations. Soon after becoming the Opposition Leader in 2004, Rajapaksa accepted Oslo mediation and proceeded accordingly. But, once the war erupted, Mahinda Rajapaksa gave unparalleled political leadership to bring the conflict to a successful end. NGOs and civil society worked overtime to convince Rajapaksa that whatever the difficulties negotiations were necessary to thwart an LTTE offensive. They proceeded even after the abortive attempts on the then Army Commander Lt. Gen. Sarath Fonseka’s life on the afternoon of April 25, 2006 and Defence Secretary Gotabhaya Rajapaksa six months later. Had the LTTE succeeded, the war couldn’t have been won three years later. Whatever, the post-war differences, Fonseka and Gotabhaya Rajapaksa achieved what previous Army Commanders and Defence Secretaries couldn’t achieve. They brought about the post-war national reconciliation process.

Contradictory stand on PC polls, new Constitution baffle electorate

TNA leaders differ:

SPECIAL REPORT : Part 227

 

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By Shamindra Ferdinando

Whatever the differences between the Sirisena-Wickremesinghe administration, and the four-party Tamil National Alliance (TNA), there is consensus on postponing the scheduled Provincial Council polls, regardless of consequences. Obviously, they are following a political strategy meant to derail the PC polls scheduled to take place later this year and next year (altogether polls in six provinces on a staggered basis) before the 2019 presidential and the 2020 parliamentary polls.

The TNA consists of TELO (Tamil Eelam Liberation Organization), PLOTE (People’s Liberation Organization of Tamil Eelam) and EPRLF (Eelam People’s Revolutionary Liberation Front) and the major partner ITAK (Illankai Tamil Arasu Kadchi).

Veteran lawmaker Rajavarothiam Sampanthan, on behalf of the ITAK-led TNA, on Friday (July 13), brought forth a new and certainly unrealistic demand when he met with Indian Foreign Secretary Vijay Keshav Gokhale at the Indian High Commission in Colombo. S Jaishankar’s successor was on his first official visit to Colombo where he met President Maithripla Sirisena and Prime Minister Ranil Wickremesinghe, in addition to Sampanthan, the leader of the Opposition.

Among those present at Sampanthan - Gokhale meeting were Jaffna District MP M. A. Sumanthiran (ITAK) and MP Selvam Adaikkalanathan (TELO), Indian Ambassador in Colombo Taranjit Singh Sandhu and Deputy Indian HC Arindam Bagchi.

Sampanthan demanded that a new Constitution be enacted before the next Provincial Councils polls. Sampanthan sought India’s support for the new Constitution.

The following is the text of the TNA statement that dealt with the Sampanthan-Gokhale meet: "The TNA leader further stated that the chances of mustering a two-thirds majority, in Parliament, is possible and therefore the new Constitution must be adopted before the end of the year, and we cannot simply afford to miss this opportunity. We want a solution, within a united, undivided and indivisible Sri Lanka, and this longstanding national question must be addressed through a new Constitution. The New Constitution must enable the people to exercise power over day-to-day matters pertaining to their lives. The features mentioned in the Indo-Sri Lanka agreement must be incorporated in the new Constitution."

The last line was a clear reference to the 13th Amendment to the Constitution, enacted in November 1987

Sampanthan also requested the Foreign Secretary Gokhale to encourage the Indian investors to invest in Sri Lanka, especially in the North and East. The Trincomalee District MP pointed out that the foreign investments could boost the economic status of the people and also will increase more job opportunities in the North and East, especially among the youth.

On the issue of refugees returning from India, the Indian Foreign Secretary conveyed that the Government of India was willing to give any support in assisting the returnees.

The TNA statement, released Friday night, didn’t indicate Gokhale’s reaction to his demand to stay the PC polls until the enactment of a new Constitution. The experienced Indian diplomat must have realized the mean TNA strategy meant to sabotage the PC polls, unless New Delhi, too, is part of that project, a possibility that cannot be ruled out immediately.

However, the unprecedented Sampanthan’s call to suspend PC polls, pending enactment of the proposed new Constitution, as envisaged by the Geneva-based United National Human Rights Council (UNHRC), in 2016, contradicted party spokesman Sumanthiran, who recently demanded PC polls without further delay.

Before commenting further, it would be pertinent to examine the relevant section of Jaffna District MP Sumanthiran’s July 6 statement in parliament. Our parliamentary correspondent Saman Indrajith quoted Sumanthiran as having said: "Terms of office of the three provincial councils came to an end in October 2017, and whereas no elections for the three said provincial councils have been conducted to date owing to the fact that the Provincial Councils (Amendment) Act was amended in order to introduce reforms to the electoral process and whereas three more provincial councils will end their respective terms of office by October 2018. No election to any Provincial Council can be held due to the fact that the electoral reforms are not yet complete. An urgent priority has arisen to complete the electoral reforms so that the franchise of the people of the several provinces is not denied any further. We urge the government to complete the electoral reforms to the Provincial Councils election laws immediately without any further delay. And, if it is not possible to complete the said reforms within the next two months, we urge that the Provincial Councils (Amendment) Act No. 17 of 2017 be repealed immediately so that elections to the provincial councils can be held without any further postponement."

Did Sampanthan change the TNA’s stand after Sumanthiran demanded tangible measures to hold PC polls without further postponement? The writer sought an explanation from the TNA last Saturday (July 14) whether Sampanthan consulted TNA constituents as regards the latest demand and the possibility of the TNA consulting Tamil-speaking lawmakers, regarding the same, ahead of presentation of the next budget in Nov. 2018. The TNA told the writer: "Sampanthan is the TNA leader so his views represent all parties within the TNA." In response to the second query, the TNA said: "Yes. Most certainly as the TNA wants the new Constitution at the earliest."

Contradictory TNA statements on PC polls made on July 6 and 13, in parliament, and at a meeting with an Indian delegation, respectively, should be examined against the backdrop of outgoing US Ambassador Atul Keshap’s assertion that a new Constitution could help Sri Lanka attract foreign investments. Plainly, a new Constitution is being touted as panacea for all problems.

In fact, unsubstantiated war crimes allegations, successfully propagated for want of a clear strategy, on Sri Lanka’s part, during the previous Rajapaksa administration, paved the way for Western powers and India to ‘impose’ enactment of a new Constitution a ‘condition’ to address post-war national reconciliation. That is the undeniable truth. Nationalist groups, such as the National Joint Committee (NJC), opposed to Western intervention here, are still struggling to cope up with the growing challenge due to the Joint Opposition (JO), loyal to former President Mahinda Rajapaksa, lacking a clear strategy.

In spite of setbacks, the new Constitution making process is moving ahead, slowly. The situation would have been different had those exercising power refrained from perpetrating massive treasury bond scams involving primary dealer Perpetual Treasuries Limited (PTL) in February 2015 and March 2016. There is absolutely no doubt that the Constitutional making process has been seriously undermined by the treasury bond scams which caused deterioration of relationship between President Sirisena and the UNP and the massive countryside electoral debacle at the February 2018 Local Government polls.

TNA chief meets retd Thai General

Before meeting Gokhale at the High Commission, the TNA team met Thai Prime Minister, retired General Prayuth Chan-ocha, at the Shangri-La, the latest five-star hotel opened in Colombo, situated at the former Sri Lanka Army headquarters grounds.

Briefing the Thai General on the steps taken by the Sirisena-Wickremesinghe government’s bid to address the national question, Sampanthan said that the TNA wanted a peaceful solution through a new Constitution on the basis of equality and self-respect. Sampanthan also declared the TNA’s support to the government to achieve such power-sharing arrangements.

However, the TNA chief did not refer to the demand to put off PC polls until the enactment of a new Constitution, an issue he discussed with Gokhale.

At a time the government has directed a high profile offensive, targeting wartime Defence Secretary Gotabhaya Rajapaksa, a retired Lieutenant Colonel of the Sri Lanka Army, against the backdrop of him declaring his readiness to contest the 2019 presidential polls, if named by his brother, Mahinda Rajapaksa, it would be pertinent to discuss how General Prayuth Chan-ocha grabbed power in May 2014. Obviously, yahapalana government and its proponents seemed to have conveniently forgotten that Thailand lacked a democratically elected government and is unlikely to have an elected administration in the near future.

General Prayuth Chan-ocha heads the National Council for Peace and Order (Thai junta) that rules Thailand, since May 2014, comprising Chan-ocha’s associates. The junta replaced democratically elected Yingluck Shinawatra government. Within days after the coup, King Bhumibol Adulyadei legitimized the military action, thereby facilitating his country’s diplomatic relations with foreign governments.

Over four years, after the May 2014 coup, General Prayuth Chan-ocha remains in power with the US still remaining the military strongman’s key ally. In spite of the US strongly condemning the military coup, following several months of deepening political turmoil, the two countries remain committed to military alliance, with large scale annual exercises. Concerns expressed in some circles, both local political elements as well as Colombo-based Western diplomats of military-style ‘government’ in case Gotabhaya Rajapaksa secured presidency, should be examined against their response to the leader of the Thai junta. Sampanthan has no qualms in seeking General Prayuth Chan-ocha’s intervention to secure more Thai private sector investments, while appreciating Thailand setting up a sugar factory in northern Sri Lanka.

Sri Lanka media, in its coverage of General Prayuth Chan-ocha’s visit, refrained from at least referring to Thailand having a junta at the expense of a democratically elected government. However, a joint press release, issued at the conclusion of the two-day visit, recognized the visiting dignitary as General. The statement, while reaffirming their commitment to further strengthen the existing ties to a higher level of strategic economic partnership, recalled President Maithripala Sirisena’s visit to Thailand in November 2015.

Mano talks sense

The TNA has stepped up pressure on the government/Sri Lanka over the proposed new Constitution at every forum. In late January 2018, Sampanthan demanded the enactment of a new Constitution when he met Singaporean Prime Minister Lee Hsien Loong. In spite of being the Opposition Leader, Sampanthan stayed clear of contentious issues leaving the Joint Opposition to pursue those matters whereas he concentrated on the ‘national problem.’ Sampanthan, though repeatedly taking up the issue with the international community on behalf of the TNA, seems reluctant to reach a consensus on the same with other Tamil lawmakers representing other political parties. In fact, there is friction between the top TNA leadership and Northern Province Chief Minister, retired Supreme Court judge C.V. Wigneswaran. Recently, Wigneswaran declared that he had no objection to the postponement of the elections to his provincial council provided that his term of office was extended up to the point of the next polls. Certainly, it is an interesting suggestion. Wigneswaran revealed his position, before Sumanthiran, in parliament, demanded PC polls as scheduled while Sampanthan took an entirely different stand in his first official talks with the Indian Foreign Secretary.

Colombo District MP Mano Ganesan, in an interview with Nimal Abeysinghe of Ravaya explained the current status of the much-hyped constitutional making process, widely regarded by yahapalana leaders as panacea for Sri Lanka’s ills. National Integration, Reconciliation and Official Languages Minister Ganesan didn’t mince his words when he ruled out the possibility of enacting a new Constitution under the Sirisena-Wickremesinghe government in the interview carried in the July 15, 2018 edition of Ravaya.

In addition to the controversial constitution making process, Ganesan discussed how the TNA could help the Northern and Eastern communities by becoming a part of the Sirisena-Wickremesinghe administration. Democratic People’s Front leader Ganesan, who contested the last parliamentary poll, in August 2015, on the UNP ticket, said that he requested Sampanthan to accept a cabinet portfolio on his outfit’s behalf though his invitation could be also considered as one coming from a government minister. Asserting that a new Constitution is unlikely, Ganesan expressed the belief that the inclusion of the TNA, in the cabinet, could expedite northern and eastern development.

Ganesan pointed out that unless tangible measures were taken expeditiously, the Tamil community wouldn’t be able to secure an acceptable political solution or at least achieve development objectives by the time the government faced the next parliamentary polls, in 2020.

Ganesan expressed the following views in response to Nimal Abeysinghe’s questions: =In spite of the TNA representing the Tamil community, during the last phase of the conflict, it couldn’t achieve long standing political objectives, even a decade after the conclusion of the war. However, the TNA has received relief under yahapalana government compared to the previous Rajapaksa government. The government hadn’t been able to bring the constitutional making process to a successful conclusion well over three years after the change of government in 2015 January.

* Accepting the 20th Amendment promoted by the Marxist Janatha Vimukthi Peramuna (JVP) in principle, Ganesan asserted that it was too early to abolish the executive presidency therefore he opposed the current JVP move. The majority of sitting lawmakers opposed the JVP project therefore there is no likelihood of the 20th mendment receiving parliamentary nod. Ganesan rejected the 20th Amendment, primarily on two key issues (a) minorities cannot give up an opportunity to haggle with presidential candidates, every five years, especially as the national question is yet to be resolved. Abolition of executive presidency will automatically deprive minorities of such opportunities. (b) minorities stand to gain as the entire country is considered one electorate at a presidential election. (c) Implementation of the 13th Amendment depends on the executive president. First executive president JRJ used his executive powers, to secure parliamentary approval for the only Law relating to devolution of power, hence the Democratic People’s Front opposition to abolition of the executive presidency. The DPF backs some dilution of executive powers, though opposed to doing away with executive presidency.

* After the change of government, the media is free to express dissenting views. Unlike the previous Rajapaksa administration, the government has given freedom. Democracy, media freedom, independence of judiciary and police have been restored. There is criticism of this government because of freedom. The media is active and there is public discussion about wrong policies and shortcomings. Ministers and members of the then government remained silent in cabinet and parliament as they feared the then leadership. Journalists fled the country and media institutions were brazenly attacked. In spite of the silence at that time there were far bigger problems at that time though an attempt is being made to undermine this government. The biggest challenge faced by the current government is the massive debt.

* The public and political parties haven’t understood the requirement to devolve powers not only at provincial level but Central Government level as well. The inclusion of the TNA in the cabinet will certainly help devolve powers at the Central Government level though some, strongly opposed to the Democratic People’s Front call, for Sampanthan to accept a cabinet portfolio on behalf of his people. A section of the civil society has failed to understand the push for the TNA to accept cabinet portfolio.

* The pivotal importance of further strengthening the provincial level administration. The need to explore ways and means of fully operationalizing the 13th Amendment while strengthening the Local Government system for the benefit of Tamils living in electoral districts outside the Northern and Eastern Provinces. Reference was made to the role played by Tamil Progressive Alliance (TPA) comprising the Democratic People’s Front led by Mano Ganesan, National Union of Workers led by Palani Digambaran and Up-country People’s Front led by V. Radhakrishnan, in the creating of six new Pradeshiya Sabhas in the Nuwara Eliya District.

* Those who wanted to enact a new Constitution have failed in their bid. Ganesan is among those who experienced failure in yahapalana government’s most ambitious project. However, Ganesan would be the most happiest person if his assertion is proved wrong and the government somehow succeeded in enacting a new Constitution before the next national election.

Nimal Abeysinghe quoted Ganesan as having said that he didn’t like to deceive the people therefore his candid assertion was that there was no likelihood of a new Constitution. The outspoken politician was further quoted as having said that the enactment of parliament shouldn’t be considered a government but a national requirement as the process involved the entire parliament, including two members of the Joint Opposition. "It was a national effort though the project ended up in failure. That is the reality. As a result of our failure, the JVP proposed 20th Amendment. The JVP, too, knows, a new Constitution is not a reality."

The Ravaya interview ended with Ganeshan’s really sensible suggestion that a new amendment is needed to the Official Language Clause of the Constitution to ensure parity between Sinhala and Tamil as national languages and that Ganeshan, in his capacity as Minister of National Co-existence, Dialogue and Official Languages, intended to propose 21st Amendment to the Constitution.

Let there be consensus among political parties represented in parliament on Ganeshan’s Amendment.

Ongoing political battles shouldn’t hinder Mano Ganeshan valuable suggestion.

Tuesday, 10 July 2018

A new Constitution proposed to attract foreign investment

US—TNA consensus:

SPECIAL REPORT : Part 226

 

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In a farewell call on July 5, outgoing US Ambassador Atul Keshap told TNA leader and leader of the Opposition R. Sampanthan that he was honoured to benefit from his wisdom. Keshap tweeted; “I share his positive vision of a unified, peaceful, reconciled, democratic Sri Lanka with equal rights and opportunity for all of its citizens. Both the US and the TNA are reluctant to acknowledge that because of reconciliation the former gained its rightful place in politics in May 2009 in the wake of the annihilation of the LTTE, which received TNA recognition as the sole representative of the Tamil speaking people.

By Shamindra Ferdinando

Have you ever heard of a country changing its Constitution to attract foreign investment? We were recently told how a new Constitution could bring in fresh investment and receive more economic benefits if it adopted a new Constitution.

Thanks to a statement issued by the four-party Tamil National Alliance (TNA) soon after the outgoing US Ambassador Atul Keshap met TNA leader and Opposition Leader R. Sampanthan last Thursday (July 5), the diplomat’s advice is in the public domain.

The meeting took place at the office of the Leader of the Opposition in Colombo. It would be important to peruse the TNA statement verbatim: "Expressing his views on the current state of affairs, Sampanthan pointed out that the Government is yet to accomplish most of its commitments to the international community. The expectations of the international community, in the best interest of the people of Sri Lanka, has not been fulfilled by the Government of Sri Lanka.

"Highlighting the commitments made by the Sri Lankan Government in the co-sponsored resolution adopted at the United Nations Human Rights Council, in 2015, Sampanthan said the Office of the Missing Persons was established after a long delay, the Reparations Bill is not yet passed, there had been no steps taken to address the accountability issues, the Commission on Truth, Justice, Reconciliation and non-Recurrence has not been constituted, the Constitutional process took a positive start but there seems to be a delay in taking it forward.

"Given the fact that there had been plenty of work done, around the framing of a new Constitution for over 25 years, I don’t see any justifiable reasons for delay in this. Our primary interest is in the best interest of the country, and everyone in this country will benefit from a new Constitution. Mustering a two-third Majority in Parliament need not be that difficult to adopt a new Constitution.

"Vast majority of the Tamil People who live all over the country, including the North and the East, want a solution within a united undivided Sri Lanka. There are sections of people not substantial but vocal who adopt a hardline view, but the only way to silence them and keep them away from negatively influencing the community is to deliver on the promises. We have been absolutely reasonable in our demands. If the Government does not deliver the Tamil people are not going to be second-class citizens in this country.

"The Ambassador pointed out that as far as the United States is concerned that the UNHRC Resolution remains operative and it is fundamental for several bilateral relationships. Further, the objectives of the country should remain positive in order to achieve peace and reconciliation. The positive image that the Government of Sri Lanka has in the international stage should not be taken for granted. Sri Lanka will be able to attract more investors and will have more economic benefits if it adopts a new Constitution. Further, the United States of America will remain fully engaged with the progress made by the Sri Lankan government in the future. Sampanthan was also thanked for his support during Keshap’s tenure as the Ambassador.

"Sampanthan appreciated the role played by the Ambassador and his team and the US State Department in the past with regard to Sri Lanka and appealed that the same level of engagement should continue with all parties in the future.

Along with Sampanthan, TNA spokesman and Jaffna District parliamentarian, M.A. Sumanthiran, was also present at the meeting while the Ambassador was accompanied by Deputy Chief of Mission Robert Hilton and Political Officer Joanna Pritchett.

Civil society on the need for new Constitution

Although various interested parties have given a range of reasons to convince the public of the need for a Constitution, Ambassador Keshap’s assertion is certainly unprecedented and silly. His claim that a new Constitution would attract fresh investment is nothing but a calculated attempt to deceive the public. It would be pertinent to mention that Ambassador Keshap who took over the US mission in August 2015 never publicly asserted that a new Constitution could bring in fresh investments.

In the wake of the electoral debacle experienced by the UNP and the SLFP at the Feb. 10, 2018, Local Government polls, Purawesi Balaya explained the electorate voted against the political parties due to the Sirisena-Wickremesinghe administration’s failure to introduce a new Constitution. Purawesi Balaya asserted that primarily two reasons contributed to the massive drubbing at the countrywide polls. In addition to the failure to introduce a new Constitution, Purawesi Balaya asserted that the UNP and the SLFP suffered for want of tangible measures to punish those responsible for crimes and corruption. Co-convenor of the influential civil society grouping, Gamini Viyangoda, declared that the public never asked for economic relief. Viyangoda said so addressing the media at Center for Society and Religion (CSR), Maradana. The writer was among those journalists present on that occasion where Viyangoda asserted that the Feb. 10 vote reflected the public anger at those who protected the murderers and the corrupted.

Both Viyangoda and Saman Ratnapriya, also co convenor of Purawesi Balaya, discussed how the failure to introduce political reforms jeopardized the government. They never indicated that the Constitution could have had attracted new investments and economic benefits in case parliament introduced a new Law. In fact, the TNA or foreign-funded Non Governmental Organizations (NGOs) must have been really surprised by Ambassador Keshap’s declaration.

Would you believe a new Constitution could attract fresh investments against the backdrop of massive treasury bond scams involving tainted primary dealer Perpetual Treasuries Limited (PTL) perpetrated in Feb 2015 and March 2016?

Recent revelation as regards the PTL funding the Law Asia Conference 2016 organized by Bar Association of Sri Lanka (BASL) to the tune of Rs 2.5 mn during President Counsel Geoffrey Alagaratnam’s tenure as its President underscored ground realities. The US embassy is fully aware of the impact of treasury bond scams on the Sri Lankan economy. In spite of officially promising, in May 2015, to help the Sirisena-Wickremesinghe administration to recover funds stolen allegedly by the Rajapaksas, the US remained mum.

The US turned a blind eye to the Feb 2015 bond scam. The US never publicly indicated its displeasure the way the UNP handled growing public agitation over the massive fraud. Instead, the US encouraged the government and the TNA, one-time LTTE ally, to proceed with a high profile project to introduce a new Constitution. Obviously, the US response encouraged bond racketeers. They perpetrated the second far bigger scam in March 2016, six months after Sri Lanka, at the behest of the US, co-sponsored Geneva Resolution 30/, severely inimical to her interest.

In the run-up to the 2015 January presidential polls, a change of government was touted as the panacea for Sri Lanka’s ills. The UNP and a section of the SLFP, in the national unity government, pursued whimsical policies until they were brought down to the ground in the second week of Feb this year. The electorate, in no uncertain terms, rejected the ‘yahapalana ‘ policies lock stock and barrel. Megapolis Minister Patali Champika Ranawaka recently declared that the Local Government polls defeat had ruined the SLFP. Ranawaka predicted that the same fate would befall the UNP in case that party suffered defeat at the next election. The JHU stalwart didn’t specify what that election would be though the government is hell bent on putting off the Provincial Council polls for obvious reasons.

Ambassador Keshap seems to be confident that the public could be tricked by propagating how a new Constitution would bring in new investments.

Perhaps, the media should seek clarification from the Governor of the Central Bank, Dr. Indrajith Coomaraswamy, whether a new Constitution could help the government to attract new investors. Coomaraswamy wouldn’t have been invited to take over the Central Bank, in mid 2016, in the wake of the far bigger second treasury bond scam involving Arjuna Mahendran. The Singaporean did the unthinkable, he ‘raided’ the institution under his care.

Geneva recommends new Constitution

Ambassador Keshap and the TNA chief seem to have conveniently forgotten the circumstances under which the Geneva-based United Nations Human Rights Council (UNHRC) recommended a new Constitution on the basis of unsubstantiated war crimes allegations. Unfortunately, the Joint Opposition (JO) loyal to war-winning former President Mahinda Rajapaksa never bothered to examine the high profile US – TNA project. The JO is yet to do so even after the New York Times engaged in a special operation, recently, to humiliate former President Rajapaksa as a recipient of Chinese funding for his 2015 re-election bid.

In accordance with the overall Geneva plan, the UNP, cleverly succeeded in bringing in the JO into the Constitutional making process though nationalist organizations strongly urged the former President not to do so. For some strange reason, the JO remains in the process though opposition heavyweight Wimal Weerawansa several months ago quit the constitutional making operation.

Although, the Geneva project has been seriously delayed, obviously, it is on track. Recent TNA statement is evidence that the party and the US remained confident in somehow introducing a new Constitution.

Let me reproduce verbatim what outgoing Geneva human rights chief Zeid-Hussein stated in respect of new Constitution in his June 28, 2016, address in Geneva:

= Significant momentum has been achieved in the process of constitutional reform. On March 10, 2016 Parliament adopted a resolution establishing a constitutional assembly to draft and approve a new constitution or amendments by the end of 2016, which will then be put to a referendum in 2017. The drafting process has benefited from an inclusive public consultation process overseen by a Public Representations Committee that received submissions and held district level consultations in the first quarter of 2016.

= From a human rights perspective, the constitutional reform process presents an important opportunity to rectify structural deficiencies that contributed to human rights violations and abuses in the past and reinforce guarantees of non-recurrence. These could include a more comprehensive Bill of Rights, stronger institutional checks and balances, enhanced constitutional review, improved guarantees for the independence of the judiciary, effective individual complaints mechanisms and greater direct enforceability of international human rights treaty. Also, as demonstrated by other countries’ experience, is the strengthening of civilian oversight over the military in the form of multiple oversight and accountability mechanisms over defence policy, discipline and promotion, budgeting and procurement. The new Constitution will also be important in facilitating the establishment of the transitional justice mechanisms envisaged by the Government, for instance the criminalization of international crimes in national law or allowing for the involvement of international judicial personnel. At the same time, the High Commissioner hopes that the political process of adopting constitutional changes will not involve tradeoffs and compromises on core issues of accountability, transitional justice and human rights.

Thanks to treasury bond scam, the project has been seriously affected. The unprecedented fraud and the resultant battle between an irate President Maithripala Sirisena and the UNP caused irreparable damage to the coalition. The rift certainly weakened the coalition though the government steadfastly backed the Geneva project so much so it refrained from making representations on the basis of revelations made in the House of Lords in 2017 Oct, UK, which roundly countered war crimes allegations-the basis of war crimes inquiry in addition to a brand new Constitution.

The House of Commons revelations were made in Oct last year. The disclosure made on the basis of wartime dispatches from the British High Commission in Colombo (January-May 2009) confirmed classified US dossier on the Vanni death toll (Aug 2008-May 13, 2009) and war time US Defence attache Lt. Colonel Lawrence Smith’s high profile statement in early June 2011.

In spite of nationalist organizations and a section of the media demanding the Sirisena-Wickremesinghe government appeal to the UNHRC to revisit the resolution, the government declined. Instead, it reiterated its commitment to the Geneva process much to the disappointment of the vast majority of people, who cherished armed forces triumph over the LTTE.

Perhaps, the TNA and its Western allies never really wanted an international war crimes inquiry or hybrid war crimes probe as envisaged in Geneva Resolution 30/1. May be, the yahapalana rulers, civil society and the NGOs, too, never expected foreign judges to hear cases in respect of accountability issues. The whole exercise played in and out of parliament here and in Geneva was meant to pressure Sri Lanka to accept a new Constitution as a way out of the problem. Much propagated war crimes allegations over the years were cleverly used to build a case against Sri Lanka before a resolution passed and a new Constitution recommended on the pretext of addressing post-war national reconciliation process. A new Constitution seems to be the overall objective of the US-led exercise. The US is obviously confident that the Geneva -based "cesspool of political bias" is the best suited to divide Sri Lanka on ethnic lines through the introduction of a new Constitution. In case, such a project is beyond the capacity of treasury bond racketeers, they’ll seek an amendment to dilute executive powers vis a vis Provincial Councils to enable the Chief Ministers to take control of the regions. Sri Lanka is at crossroads as the country prepares for presidential election 2019-one and half years away.

Tuesday, 3 July 2018

PREZ POLL 2015: FUNDING 'DEMOCRACY PROJECT' IN SRI LANKA

Examination of US project in the wake of NYT claim on China backing MR

SPECIAL REPORT : Part 225

 

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By Shamindra Ferdinando

Gampaha District MP Harshana Rajakaruna, on behalf of the United National Party (UNP), recently called for the appointment of a presidential commission to inquire into Chinese funding of the then President Mahinda Rajapaksa’s re-election bid in January 2015.

Rajakaruna said so at a special press briefing at Sirikotha. Rajakaruna was one of the UNP lawmakers exposed by the Presidential Commission of Inquiry that probed the Central Bank Treasury Bond scams involving tainted primary dealer, Perpetual Treasuries Limited (PTL). Rajakaruna is one of those lawmakers who had been in touch with PTL owner, Arjuna Aloysius, in spite of being a member of the parliamentary watchdog committee, the Committee on Public Enterprises (COPE). Whatever, his relationship with Aloysius, his right to call for a presidential probe on Chinese funding, at the 2015 presidential polls, cannot be dismissed.

In spite of Rajapaksa categorically denying, last Sunday (July 1), receiving USD 7.6 mn from China Harbour Engineering Company Ltd (CHEC) in support of his re-election bid, the need to examine foreign funding cannot be ruled out.

‘How China got Sri Lanka to cough up a port’ under the byline of New Delhi-based, one of New York Times (NYT) South Asia correspondents Maria Abi-Habib resulted in heavy attacks on former President Rajapaksa. Habib had been a roving Middle East correspondent with the Wall Street Journal before she joined NYT in 2017

Let me reproduce verbatim NYT on Habib: In 2012, she was a finalist for the Daniel Pearl Award for an investigation into atrocities at Kabul’s main military hospital, which led to a Congressional probe into two senior American generals leading NATO’s military efforts in Afghanistan. The investigation resulted in the resignation of three-star U.S. general and sweeping reforms at the hospital. She has also documented the flow of former Guantánamo Bay detainees to the battlefields of Syria, the grooming of child soldiers by Islamic State, and U.S. efforts to counter Hezbollah.

"Ms. Abi-Habib began her journalism career in 2007, covering the Persian Gulf from Dubai, where she also contributed to coverage revealing high-level corruption across several companies linked to senior Emirati officials.

A graduate of Concordia University in Montreal, she grew up shuttling between the suburbs of Washington, D.C., and her father’s ancestral village in the mountains of Beirut."

NYT credited Keith Bradsher and Sui-Lee Wee from Beijing, and Mujib Mashal, Dharisha Bastians and Arthur Wamanan from Sri Lanka contributing to Habib’s piece.

Parliament should examine whether CHEC funding had been utilized by the Rajapaksa Campaign at the 2015 presidential election, in addition to other funding sources at the same election.

There cannot be any dispute over the urgent requirement to investigate Chinese funding of the Rajapaksa Campaign but it should not be restricted only to the Beijing investing in political parties here. In fact, Habib and her team can inquire into US funding and the circumstances under which such financial support was made available at the 2015 presidential election. It would be pertinent to mention that the NYT received government assistance to establish disbursement of CHEC funding to the tune of USD 7.6mn in the run-up to the 2015 presidential poll.

US funding at 2015 prez poll

Having failed to oust Mahinda Rajapaksa at the January 2010 presidential poll, the US sustained a high profile project to thwart him securing a third term. Rajapaksa was determined to secure another term. The war-winning President utilized his overwhelming parliamentary majority to pass the controversial 18th Amendment Bill on September 8, 2010, with 161 Members of Parliament voting for and 17 against the bill. The new law enabled President to seek re-election any number of times. In addition to that, the 18 Amendment resulted in the following: The 10-member Constitutional Council was replaced with a five-member Parliamentary Council; Independent commissions were brought under the authority of the President; It enabled the President to attend Parliament once in three months and entitles him to all the privileges, immunities and powers of a Member of Parliament other than the entitlement to vote. In short, it is all about giving the President absolute power.

In January, 2013, at the behest of President Rajapaksa, parliament impeached the then Chief Justice Dr. Shirani Bandaranayake and she was removed by the President. Among those who voted for Bandaranayake’s removal was the then SLFP General Secretary Maithripala Sirisena. Obviously, the US resented the possibility of Rajapaksa extending his rule and worked overtime to change the administration.

The US State Department, in November 2016, revealed it had invested USD 585 mn promoting democracy across the globe in 2015. In the foreword of the State Department report, the then Secretary of State John Kerry declared: "in an era of diffuse and networked power, we (the US) are focusing on strengthening partnerships with civil society, citizen movements, faith leaders, entrepreneurs, innovators, and others to promote democracy and good governance and address gender-based violence."

Kerry identified Sri Lanka as one of three ‘democracy projects’ the US had funded: "We have supported important democratic gains in Sri Lanka, Nigeria, and Burma."

USAID’s 2017 Congressional Budget Justification in relation to adding Complex Crises Fund (CCF) dollars: "In the past year, CCF funds have provided critical support for programmes in Ukraine, Burkina Faso, Central African Republic, Somalia, Sri Lanka, Burma, and Lebanon. In Sri Lanka and Ukraine, CCF funds bolstered political transitions."....We have supported the slow and steady work to help countries all over the world build open and responsible institutions that deliver for their citizens, and quickly seized emerging opportunities to support free and fair elections in Burma and Sri Lanka."

Thanks to the US State Department the US role in the 2015 change of government is in the public domain. For some strange reason, former President Rajapaksa, his advisors, the Joint Opposition or Rajapaksa front, the Sri Lanka Podujana Peramuna (SLPP) never raised the issue. In fact even after the NYT report, the Rajapaksa team refrained from taking up the issue. Rajapaksa’s over 1,400-word statement issued on Sunday (July 1) conveniently refrained from at least referring to the US funding in 2015.

In case President Sirisena appoint a Commission of Inquiry to probe campaign finances, it can also inquire into US funding and establish how funds were disbursed and who the recipients were. In fact, the writer, some time back, queried from the US embassy in Colombo as to the amount, out of USD 585, made available to its Sri Lanka project. The US embassy didn’t respond to The Island query.

Sri Lanka elections monitors never responded to the US State Department revelation. The former Election Department, the National Election Commission (NEC), civil society or the media didn’t realize the need to examine the US State Department revelation. They never felt a need to examine foreign funding even after one-time Times of Ceylon journalist Hassina Leelarathna disclosed further US funding made in support of the US project here between two national elections in 2015 - presidential in January and parliamentary in August. The following section was taken from Bid to derail ‘One Belt, One Road’ published in August 9, 2017 issue of The Island: "Recent sensational revelation made by former Times of Ceylon journalist Hassina Leelarathna, in respect of USAID making available urgently required funds to the tune of US 3.4 mn, to the UNP-led 100-day administration, in the run-up to the August 2015 parliamentary polls, is the latest illustration of US intervention. The funds had been meant to provide, what the USAID called, visible support to the newly elected administration. US made fresh commitments though the USAID in spite of contemplating a lesser role for the agency here a few years ago.

The US-based Leelarathna, who co-edited with her husband Deeptha, the first Sri Lankan newspaper published in the US years ago, made the disclosure on the basis of information she had obtained from USIA on the basis of the Freedom of Information Act (FOIA). Accordingly, USD 3.4 mn had been released from Complex Crises Funds (CCF) which was meant to make available USD 40 mn in support of governance, rule of law and economic reform in Sri Lanka.

Civil society responsibility

The writer raised the US funding issue with civil society activists on live television programmes and media conferences. The Island took up this issue seriously though the overall reportage of the US funding cannot be considered satisfactory.

Key civil society grouping Purawesi Balaya recently called for an investigation into NYT report. Co-convenors of the outfit, Gamini Viyangoda and Saman Ratnapriya and Ven. Dambara Amila pushed the government to take tangible measures on the NYT report. They addressed the media at the Center for Society and Religion (CSR). The writer raised the foreign funding issue at Purawesi Balaya briefings, twice some time ago. But, Purawesi Balaya never urged the government to probe foreign funding at the 2015 presidential election. However, Purawesi Balaya made an intervention close on the heels of the NYT report.

The civil society owed an explanation why it did not call for a government probe much earlier when the US revealed large scale funding in the run-up to the 2015 presidential poll to bring the UNP to power. If one fifth of the USD 585 mn spent in 2015 for political projects had been allocated for Sri Lanka, recipients here received over USD 125 mn. Compare the US funding received by Sri Lanka with Chinese money amounting to USD 7.6 mn.

During a live debate on Hiru ‘Balaya’ anchored by Sudewa Hettiarachchi with Purawesi Balaya representatives Viyangoda and Ratnapriya, the writer suggested that the civil society should seek an explanation from the US embassy as regards US funding. The writer stressed that those demanding accountability, good governance and transparency couldn’t turn a blind eye to foreign funding.

Obviously, New Delhi played a significant role in the US project. No less a person than US President Obama made reference to New Delhi’s role in the region. Addressing a distinguished gathering at the Siri Fort Auditorium, New Delhi, on 27 January 2015, Obama declared India could play a "positive" role in the region, from Burma to Sri Lanka, reiterating "that with power comes responsibility. Obama said there was a new hope for democracy in Sri Lanka. Those who installed the Sirisena-Wickremesinghe administration wouldn’t have believed it would become so unpopular due to treasury bond scams perpetrated in 2015 and 2016, economic mismanagement that caused turmoil in every sector, and a new political party, led by ousted Rajapaksa, sweeping the Local Government polls in Feb. 2018.

Menon on Chinese funding

Former President Rajapaksa, in his lengthy response to the NYT article, referred to former Indian National Security Advisor Shivshankar Menon’s (January 2010-May 2014), memoirs, titled ‘Choices: Inside the Making of India’s Foreign Policy.’ Selected section of the chapter on Sri Lanka was used to challenge the NYT article. However, vital parts that dealt with New Delhi’s concerns as regards Chinese presence here and Chinese financial backing for the previous administration were ignored.

Former Indian National Security Advisor Shivshankar Menon (January 2010-May 2014), in his memoirs, titled ‘Choices: Inside the Making of India’s Foreign Policy,’ alleged that the Rajapaksas in May 2014, had violated repeated assurances given in respect that there wouldn’t be a permanent Chinese military presence in Sri Lanka and the country would look to India for most of its military training and intelligence needs. "At no stage was exclusivity sought or promised. And, realistically speaking, it would be unreasonable to expect exclusivity," Menon, who had been India’s High Commissioner, in Colombo, years ago (1997-2000), said.

Having commented on the conduct of former President Rajapaksa and Defence Secretary Gotabhaya Rajapaksa, Menon accused Sri Lanka of reneging on bilateral understanding with India. Menon directly alleged that the former President received Chinese funds for his political campaigns, and projects. Menon didn’t indicate when the war-winning President first received Chinese funding.

It would better to peruse the relevant section verbatim from the Chapter on Sri Lanka, titled ‘Force works’: "I found that as Defence Secretary, Gotabhaya, had a clear view of Sri Lanka’s interests, one that was compatible with ours. Immediately after the war, he reassured the Indian troika (National Security Advisor M.K. Narayan, Defence Secretary Vijay Singh, and Foreign Secretary Shivshankar Menon) about the nature of Sri Lanka’s defence relationship with China, and helped Indian companies re-enter the reconstruction of Colombo. Security was Gotabhaya’s sole preoccupation, which made him sensitive to India’s concerns, while his brother Mahinda was much more compliant with Chinese demands, having built a political machine on Chinese money. The basic assurances that Gotabhaya and, more reluctantly, Mahinda Rajapaksa gave us were that India’s security interests would be respected and that there would be no surprises in Sri Lanka’s relations with China. In detailed conversations I was assured that there wouldn’t be a permanent Chinese military presence in Sri Lanka and that Sri Lanka would look to India for most of its military training and intelligence needs. These assurances were respected, in practice, by the Sri Lankans, until May 2014. At no stage exclusivity sought or promised. And realistically speaking, it would be unreasonable to expect exclusivity."

Parliamentary Act needed

Sri Lanka should examine funding received by political parties and lawmakers, both from foreign and local sources. Non-Governmental Organizations (NGOs), too, should be scrutinized. Under the Right to Information Act, the public have a right to seek information regarding funds received by NGOs. During the war, major NGOs received staggering amounts of foreign funding with Norway being one of the major contributors. NGOs utilized foreign funds to influence the decision making process as well as the electorate. A Norwegian study, released in late 2011, dealt with Sri Lankan recipients of Oslo funds with the focus on the period Norway facilitated peace talks with the LTTE. The Norwegian funding was meant to support a negotiated settlement with the LTTE even at the expense of Sri Lanka’s unitary status and division of the country on ethnic lines. The recipients of foreign funds have no option but to pursue the policies of the donors or face the consequences. Norway dealt a deadly blow to NGO guru Dr. Kumar Rupesinghe during the previous administration soon after he switched his allegiance to President Rajapaksa at the expense of Norwegian policy. Dr. Rupesinghe was taught a lesson for stepping out of line. Norway set an example. Recipients, whatever their status may be required to follow the policies of donors regardless of consequences. Dr. Rupesinghe’s predicament will be discussed soon.