Over a decade after the war ended:The threat persists

 

SPECIAL REPORT : Part 344

 November 25, 2020

The LTTE ordered protests in Europe and Canada in 2009 in a bid to pressure Sri Lanka to halt the military offensive on the Vanni east front. Canadians of Sri Lankan origin protest in Toronto in March 2009 in support of the LTTE project. The UK Foreign Secretary Miliband and his French counterpart Kouchner made an abortive bid to stop the offensive late April 2009 (file photo)

By Shamindra Ferdinando

The Tamil community never explained why the predominately Tamil-speaking Northern and Eastern districts voted overwhelmingly for war-winning Army Commander General Sarath Fonseka at the 2010 general election, after earlier accusing him, and his war winning Army, of war crimes, the writer told a webinar, organized by the Sri Lankan Canadian Action Coalition, on Sunday (Nov 22). The writer questioned the absurdity in war crimes accusations against the backdrop of the Tamil National Alliance (TNA), the LTTE mouthpiece, throwing its weight behind Fonseka, Sri Lanka’s only Field Marshal, at the crucial poll. In spite of the Tamil vote, Fonseka suffered a heavy defeat. Fonseka lost by over 1.8 mn votes.

Sunday’s webinar, moderated by Prof. Neville Hewage, was the latest in a series organized by the grouping. The 90-minute webinar dealt with Democracy Under Threat: Incitement and Glorification of LTTE terrorism during Maaveerar naal.

The writer made his presentation subsequent to one-time US Colombo Embassy staffer, and now US-based Daya Gamage (author of Tamil Tigers’ debt to America: US Foreign Policy Adventurism; Sri Lanka’s Dilemma) and Geneva-based Prof. Dr. H.C. Mehmet Guzel, of the Centre for Peace and Reconciliation Studies.

The writer’s presentation: Western Governments’ response to various situations is largely based domestic political concerns. The Western powers conveniently calling themselves the international community, is responding to post-war developments in Sri Lanka, depending primarily on the relationship between the Tamil Diaspora and major political parties therein.

Over a decade after the successful conclusion of the war, the separatist agenda remains a viable threat, though the revival of the once-feared conventional military capability of the LTTE is no longer in the horizon.

However, the LTTE’s defeat has made it easier for Western powers to work with influential Tamil groups, pursuing a common agenda, with some lawmakers represented in the Sri Lanka Parliament.

Regardless of what foreign governments, and Tamil Diaspora groups, say, it is nothing but a political arrangement meant to secure the latter’s support at crucial elections.

What the LTTE couldn’t achieve, through terrorism and military means, its rump and followers might be able to secure with foreign intervention. That is a reality, a possibility Sri Lanka cannot ignore.

 

Stimulation and glorification

of terrorism

The stimulation and glorification of terrorism, through costly propaganda campaigns and political exercises, at the expense of elected governments here, portend a grave threat to post-war Sri Lanka.

Unfortunately, Sri Lanka’s political setup conveniently ignored the growing threat much to the discomfort of those who strongly believe in the country’s unitary status.

In fact, the LTTE’s defeat has paved the way for Western powers to move the UN in support of those seeking a new Constitution, at the expense of the country’s unitary status; the October 2015 Geneva

The resolution co-sponsored by the treacherous Sirisena-Wickremesinghe government is a case in point.

For want of cohesive action on the part of successive Sri Lankan governments, including the war-winning Rajapaksa administration, that brought the war to a successful conclusion, in May 2009, some of those who had pursued a separatist agenda, though not really involved with the LTTE, during the war, are now at the forefront of high profile diaspora projects meant to divide the country on ethnic lines. Their successes largely depend on overseas political support and backing received from INGOs.

On one hand, a section of the international community accommodated separatist elements and made them a part of their domestic political system, while undermining Sri Lanka, by adopting the war crimes resolution in Geneva in 2015. The Geneva intervention is nothing but glorification of those who waged war against a member State of the UN. The Geneva project should be examined against the backdrop of the annual commemorative events, held in various parts of the world, with the backing of both governments as well as their Opposition political parties. Growing number of voters, of Sri Lankan origin, living in different countries, a lucrative industry in accommodating asylum seekers and human rights lobby, contribute to the mounting insidious campaign against Sri Lanka. Actually, Sri Lanka now faces a bigger threat in spite of the eradication of the LTTE’s military capacity.

 

TNA strategy

One-time LTTE mouthpiece, the TNA succeeded in compelling Sri Lanka to launch a new constitution-making process, severely inimical to the country. That project had the backing of the US and the UN and could have succeeded, if not for Treasury bond scams perpetrated by the then ruling party, resulting in political turmoil. What Sri Lanka should keep in mind is that the absence of a military threat does not mean the country’s unitary status cannot be challenged and overwhelmed by other means. Having backed General Sarath Fonseka’s presidential polls campaign, in 2010, and Maithripala Sirisena’s five years later, the TNA proved its readiness to change its political tactics with an eye on its overall strategy to break up the country. Thanks to Wikileaks, the role played by the US in the formation of the UNP-led alliance, to back Fonseka, is in the public domain. It would be a grave mistake, on our part, to ignore such developments, while opposing propaganda exercises, such as annual commemorative events. The real threat comes from Western politicians seeking electoral arrangements, with Tamil groups in their countries, for votes.

Before discussing further the post-war relationship between foreign political parties and Tamil groups, let me recollect the Indian intervention in Sri Lanka. Why did India militarily intervene in Sri Lanka in the 80s? The late J.N. Dixit, in early 2004, revealed hitherto unknown reasons for their intervention. Referring to Sri Lanka’s relationship with the US, Israel and Pakistan, Dixit explained why the then Prime Minister Indira Gandhi threw her weight behind Sri Lankan terrorist groups. Dixit, one-time Indian High Commissioner in Colombo, asserted in ‘Makers of India’s Foreign Policy’ that Premier Gandhi could be faulted on two foreign policy decisions. Let me quote: “…her ambiguous response to the Russian intrusion into Afghanistan and her giving active support to Sri Lankan Tamil militants. Whatever the criticisms about these decisions, it cannot be denied that she took them on the basis of her assessments about India’s national interests. Her logic was that she couldn’t openly alienate the former Soviet Union when India was so dependent on that country for defence supplies and technologies. Similarly, she could not afford the emergence of Tamil separatism, in India, by refusing to support the aspirations of Sri Lankan Tamils. ….” Dixit added: “In both cases, her decisions were relevant at the point of time they were taken.”

In other words, India jeopardized Sri Lanka to protect her interests. The Indian project paved the way for an attempt to overthrow the Maldivian government in early Nov 1988. Indian-trained Sri Lankan terrorists almost succeeded in seizing control of that country. Perhaps, such raids are not possible today though foreign governments overtly and covertly support those seeking to subvert other countries.

 

British policy

The British relentlessly pursue an anti-Sri Lanka policy. Maybe their approach is the worst among the countries still backing the LTTE agenda, a decade after the war ended, with the crushing military defeat of the Tigers. British actions promoted terrorism in a big way, while undermining Sri Lanka. Long standing

British policies are inimical to Sri Lanka. They brazenly played politics with Sri Lanka, throughout the war, finally making a last ditch attempt to save the LTTE, in 2009. If the British-French bid to halt the Sri Lankan military offensive succeeded, in April 2009, terrorism would have received unprecedented recognition. The British glorified terrorism, still do for political reasons though all politicians cannot be faulted. However, the British, now the leading country in the Sri Lanka Core Group is pursuing war crimes investigation against us under the 2015 Geneva Resolution by remaining its key supporter.

Having failed to save the LTTE, the UK, a member of the Geneva-based United Nations Human Rights Council (UNHRC), now pursues war crimes probe as part its overall efforts to appease British voters of Sri Lankan Tamil origin. The UK has refused to consider wartime cables from its High Commission in Colombo! Those classified cables, dispatched by its Defence Advisor, in Colombo, in January-May 2009, and exposed by Lord Naseby, in Oct 2017, disputed the very basis of the Geneva Resolution. Lord Naseby had to utilize the Freedom of Information Act 2000 to secure the documents. The British tried desperately to prevent the release of those documents.

A leaked May 2009 US diplomatic cable, originating from its mission in London, a few months after the war, proved the relationship between the Tamil Diaspora and the British establishment. Thanks to Wikileaks, we know why the British played dirty politics with Sri Lanka and still do. A statement attributed to the then Foreign Secretary David Miliband revealed the Labour Party’s dependence on Tamil voters. The ground situation remains the same. With the Sri Lankan Tamil population in the UK, numbering well over 300,000, and further growing, the British will continue their despicable strategy. That is the undeniable truth.

So it is no wonder the US and UK are now all-out to persecute (not prosecute) Wikileaks Head Julian Assange for exposing to the world the unpalatable truth about what happened to Sri Lanka and other victimized countries. Sri Lanka shouldn’t expect the British or the Canadians to give up their cozy relationship with the Tamil Diaspora for our benefit. Politics is a dirty game. The bulk of our own politicians and utterly corrupt parliamentary system, over the years, proved over and over again political interests always come ahead of national interests.

 

Genocide charge

At the commencement of the new Parliament, several moons ago, two lawmakers, both leaders of the Jaffna-based political parties, C.V. Wigneswaran and Gajendrakumar Ponnambalam accused the war-winning military of genocide. The Speaker upheld their right to speak freely in Parliament.

Sri Lanka Parliament never found fault with the TNA, that functioned as the political wing of the LTTE, during the conflict, and went to the extent of recognizing Prabhakaran as the sole representative of the Tamils. The TNA glorified the LTTE. Some of its members participated in passing out parades of forcibly recruited children and, at the 2005 presidential election, ordered Tamils not to vote. But no one bothered to take up this issue with the TNA leadership. After the war, the TNA established a close working relationship with the UK-headquartered Global Tamil Forum (GTF). The GTF played its cards well. The GTF once employed Labour lawmaker Joan Ryan as its Chief Executive and Policy Advisor. Why should we be surprised over an MP being on the GTF’s payroll, especially against the backdrop of it having parliamentary recognition? Many do not know the inauguration of the GTF took place in the British Parliament, in early 2010, with the participation of top political party representatives. Later, Ryan returned to Parliament to continue her role. Perhaps, many Sri Lankans may not be aware of how Ryan along, with Siobhain McDonagh, MP, requested the Foreign Secretary to expel Sri Lankan Defence Attaché Brigadier Priyankara Fernando over what they called “inappropriate, unacceptable and threatening” conduct of the officer. McDonagh, in Sept 2011, declared, in Parliament, that the Sri Lankan military killed 100,000 Tamils, including 40,000 civilians, in January-May 2009 alone. In 2012, McDonagh, along with an Australian MP, nominated ITN Channel 4 team, that produced “Sri Lanka Killing Fields,” for the Nobel Peace Prize.

 

Balasingham receives special treatment

The British had a way with the Diaspora. The Special treatment afforded to British citizen of Sri Lankan Tamil origin, Anton Balasingham, underscored the UK policy. British citizen Balasingham, a former British High Commission employee in Colombo, was allowed to function as the LTTE’s advisor in spite of proscription of the group. The British policy remained the same, even after the LTTE assassinated Indian leader Rajiv Gandhi, in May 1991, and Sri Lankan Foreign Minister Lakshman Kadirgamar, in August 2005. Instead of stripping Balasingham of given nationality, the British facilitated a secret meeting between a high level Norwegian delegation, and Balasingham, in the UK, to discuss the Kadirgamar assassination.

Terrorism received a mega boost when the UK’s Conservative Party, in the run-up to the Dec 2019 general election, proposed, what it called, a two State solution to solve the Sri Lankan problem. The Conservative manifesto declared: “We will continue to support international initiatives to achieve reconciliation, stability and justice across the world, and in the former conflict zones such as Cyprus, Sri Lanka and the Middle East, where we maintain our support for a two-state solution.”

Sri Lanka opposed that statement. In the wake Colombo’s opposition, the Conservative Party, claimed the two-state solution was a reference to the Israel-Palestine situation. The UK’s policy is nothing but horrible. Balasingham’s widow, Adela, often pictured handing over cyanide capsules to LTTE terrorists, is living in the UK.

Promoting terrorism the British way

The UK obviously promoted terrorism by bending backwards to appease Tamil voters. There cannot be a better example than the Tamils forcing Cineworld, Odeon and Vue to cancel the screening of Shoojit

Sircar’s ‘Madras Café’ in late 2013. Tamils threatened the UK with violence if cinemas went ahead. Have you ever heard of Diaspora of any origin threatening violence over the screening of a movie? What the Tamils couldn’t stomach was ‘Madras Café’ portrayal of the LTTE assassination of Rajiv Gandhi, a despicable crime that deeply wounded India, the god father of terrorism in Sri Lanka.

In March 2011 ahead of the Geneva session, the United States Assistant Secretary of State for South and Central Asia, Robert Blake, who was also one-time US Ambassador in Colombo, received a top GTF delegation in Washington. GTF’s President Rev Father S.J. Emmanuel led the delegation. I had the opportunity to meet the GTF President in London in early 2015 soon after him, in the company of other GTF live wire Suren Surendiran, met the Sri Lanka Government delegation, led by President Sirisena. Recent Canadian rejection of a petition by MP Gary Anandasangaree seeking government support for a legislative effort to remove sovereign immunity as a defense by States against genocide, crimes against humanity, war crimes, torture and enforced disappearances is certainly something Sri Lankan-Canadian Action Coalition can be quite proud of. Canada also rejected Anandasangaree’s call to refer Sri Lanka to the Committee established under the Convention Against Enforced Disappearances under its Article 32. However, Sri Lanka should be cautious of on-going moves in different countries to pressure Sri Lanka over accountability issues.

The move to do away with the UK ban on the LTTE may give a turbo boost to separatist agenda. The UK’s Proscribed Organizations Appeal Commission found that a 2001 decision to keep the ban on the LTTE was “flawed” and unlawful, and may open the way for the proscription to be lifted. It would be pertinent to mention that foreign governments tolerate various Diaspora groups because they can be used to exert pressure on targeted administrations. Nothing can be further from the truth that Western governments are interested in human rights. The world knows how US-British coalition cooked up Weapons of Mass Destruction (WMD) allegations to invade Iraq in 2003. Those Iraqis who cooperated with Western powers were hailed heroes. The US-UK project destroyed Iraq.

Sri Lanka needs a cohesive action plan to counter lies. Our failure has caused setbacks. In the absence of a tangible action plan, the country suffered badly. Sri Lanka remains in Geneva’s agenda it is proven by the fact that much celebrated Lt. Gen. Shavendra Silva has been categorized as a war criminal on mere hearsay. Our failure to prove our innocence is even worse than glorification of terrorism.

Parliament goes ahead with traditional tea party,regardless of corona threat !

 

 SPECIAL REPORT : Part 343

November 18, 2020

Nov 17, 2020: MPs were invited for tea, halfway during the presentation of the budget.(pic courtesy Parliament)

By Shamindra Ferdinando

Parliament on Monday (16) afternoon announced that following the budget speech on Nov 17th, the traditional tea party, hosted by the Minister of Finance, would be held this year, too, though being limited to Members of Parliament, Ministers, Ambassadors, High Commissioners and invitees.

The statement issued by the Department of Communication, Parliament, didn’t explain how the House intended to hold a tea party, in terms of health guidelines in place, due to the rampaging coronavirus. The statement refrained from explaining how those who had been invited were to maintain the required distance, among guests, as well as follow the strict laws, pertaining to wearing facemasks.

Parliament also announced that only Ambassadors/High Commissioners, and officials, authorised by the Ministry of Finance, were invited, and seats reserved in the Speaker’s Gallery, during the budget presentation, subject to health and safety regulations. The Public Gallery and the Media Gallery ,will remain closed, Shan Wijetunga, Director, Department of Communication, stated in a media communique.

The decision to go ahead with the party is surprising, in the wake of the growing threat posed by the highly contagious coronavirus. Recently, Parliament closed doors to scribes, after several journalists, who covered its proceedings during the fourth week of October, tested corona positive. During the same week, Parliament overturned its own decision to deprive All Ceylon Muslim Congress (SLMC) leader Rishad Bathiudeen of an opportunity to attend the proceedings. The original decision was taken on the basis that lawmaker shouldn’t be allowed to participate in the proceedings, as all those in custody were subjected to quarantine laws.

With the national economy in tatters, as a result of debilitating losses caused by the country being deprived of major revenue sources, due to the worldwide pandemic, lawmakers shouldn’t have been in the mood to join the party. The unprecedented Corona attack disrupted major revenue sources, namely tourism, garment trade and foreign remittances, while also hitting relatively smaller business enterprises. The losses suffered by the national economy and the projected losses are likely to be much bigger than the losses experienced during the conflict.

Having watched former JVP lawmaker and Chairman of the COPE (Committee on Public Enterprises) Sunil Handunnetti, on Sirasa ‘Pathikada,’ on Monday morning, the announcement of the tea party, later in the day, seemed ridiculous. Responding to host Asoka Dias, Handunnetti lucidly explained the rapidly deteriorating financial situation, due to years of waste, corruption and irregularities, further worsened by the corona crisis. The JVPer painted an extremely bleak picture. Handunnetti pointed out how the incumbent government found itself in a deep financial crisis, with growing foreign and local debt threatening to overwhelm the country.

The JVP presence in Parliament has now been reduced to just three members, including one National List nominee (Prof. Harini Amarasuriya). In the previous Parliament, the JVP group comprised six with two National List members (Sunil Handunnetti and Bimal Ratnayake). Handunetti’s presentation was quite disturbing and underscored the urgent need for reforms to stop the rot.

The JVPer warned there were no short term solutions for the rapidly deteriorating situation. “The government cannot overcome depleted foreign reserves by printing money. Perhaps, printing money may seem a short-term answer, though the economic woes cannot be overcome by such measures,” he said

Parliament, as an institution, must review its duties and responsibilities. The country wouldn’t have been in the current financial mess if Parliament had fulfilled its obligations, in the past, under successive regimes. The bottom line is that the House has failed in its primary responsibilities with regard to ensuring financial transparency/stability and enactment of new laws.

 

Two key watchdog committees

constituted

Parliament will have to take tangible measures to drastically curb waste, corruption and irregularities, or face the consequences. Corona has dealt a massive blow to the national economy, already ruined by an utterly corrupt political party system. Parliament turned a blind eye to those hell-bent on cashing in, even at the expense of economic stability. There cannot be a better example than the Treasury bond scams, perpetrated in Feb 2015 and March 2016. The then President Maithripala Sirisena, having catapulted into power by an array of forces, led by the UNP, and, obviously, directed by foreign hands, used executive powers to save his benefactor, the UNP. Sirisena dissolved Parliament on the night of June 26, 2015 to deprive the then COPE Chairman, the intrepid Dew Gunasekera, an opportunity to present the report on the first bond scam to Parliament.

The then UNP-led government prevented police investigation into theTreasury bond scams. The President, in spite of growing differences with Premier Ranil Wickremesinghe, delayed the appointment of the Presidential Commission to probe it, till January 2017. Parliament received the report in late Dec 2017. Whatever the disputes between the government and the Opposition, the system ensures at least a debate on the report, but that, too, was sabotaged from within and was never held. Over a year after the last presidential election, and the incumbent government’s first budget, Parliament is yet to discuss the bond report. Can there be a system as corrupt as ours in any part of the world! Financial discipline seems the last thing in the minds of our people’s representatives as the situation now seems to be spiralling out of control.

Ironically, the Western champions of democracy, including certain warped UN bodies, who are ever ready to hound this country on apparent trumped-up war crimes charges, are quite conspicuous by their total silence over the sins of their darling, the UNP, when it comes to highway robberies it staged here, like the bond scams, its numerous incompetency, including the handling of the country’s security.

The COPE, the PAC (Public Accounts Committee), as well as the Finance Commission, under the leadership of newcomer National List MP Dr. Charitha Herath, Prof. Tissa Vitharana (86-year-old LSSP General Secretary) and Anura Priyadarshana Yapa, respectively, bear a very heavy responsibility for ensuring financial stability. The economy is in dire straits. The country is facing such overwhelming challenges, in the wake of the corona-devastated economy, the two watchdog committees and the Finance Commission will have to stand firm or accept responsibility for economic ruination.

The Samagi Jana Balavegaya (SJB) lawmaker Dr. Harsha de Silva offered to accept the daunting challenge of heading both watchdog committees. The government simply ignored the former UNP Deputy Minister’s offer, though he served as UNP leader Ranil Wickremesinghe’s deputy in the yahapalana administration.

The SLPP has now taken the responsibility for maintaining financial discipline among its ministers. Would it be beyond the strength and capacity of COPE and PAC to ensure transparency in financial matters? The Finance Commission primarily deals with the allocation of funds among the Provincial Councils, established in terms of the 13th Amendment to the Constitution, forced on Sri Lanka by New Delhi.

Dr. Herath faces an extraordinary challenge in leading COPE. Whatever political parties said, both COPE and PAC pathetically failed to improve financial discipline, though some of their revelations shocked the public. In spite of periodic revelations, those in power pursued their corrupt strategies, regardless of the consequences. None of those exposed by COPE had ever faced disciplinary inquiries, at party level, whereas those found guilty of corrupt transactions by courts were subsequently rewarded.

As part of the overall efforts to face the economic fallout, resulting from the unprecedented pandemic in our living memory, the government will have to take tangible measures to curb waste, corruption and irregularities. The economy is in such a bad shape, that lawmakers and the top administration cannot afford to continue corrupt practices, or receive further benefits for themselves, like for example brand new luxury vehicles, while the rest of us curse and suffer in silence.

 

A peacetime UN missive

Prime Minister Mahinda Rajapaksa’s Office last Thursday (12) received a missive from Ms. Hanaa Singer, the UN Resident Coordinator here. Singer intervened, on behalf of those demanding that burial of Muslim corona victims should be resumed or face the consequences. Ms Singer concluded her letter by offering UN assistance in this regard, if Sri Lanka required such support. The UN official cunningly copied the letter to Health Minister Pavitra Wanniarachchi, Foreign Minister Dinesh Gunawardena and Justice Minister Ali Sabry, PC. Naturally it became a cause celebre in newspapers and electronic media.

Why on earth does the GoSL need UN assistance to speak to the Muslim community? Let me reproduce Ms Singar’s missive to the Premier: “Allow me to reiterate the solidarity of the United Nations with the people of Sri Lanka in these challenging times marked by the COVID-19 emergency.

“Please be assured that the United Nations and its specialized agencies, funds and programmes, will continue providing support on the management of the epidemic.

“Across the world, the safe and dignified handling of those patients whose life has been tragically claimed by this virus has been an important part of the COVID-19 response.

“I am following with encouragement recent media reports that the current prohibition of burials of COVID-19 victims in Sri Lanka could be revisited shortly. In this context, I wish to take the opportunity to reiterate the concerns of the United Nations with the existing Ministry of Health guidelines, which stipulate cremation as the only method for the disposal of bodies suspected of COVID-19 infection.

“The World Health Organization, in its 24 March 2020 and subsequent updated interim guidance on 4 September 2020 on the ‘Infection prevention and control for the safe management of a dead body in the context of COVID-19’, notes that based on current knowledge of the symptoms of COVID-19 and its main modes of transmission (droplet/contact), the likelihood of transmission when handling human remains is low. The common assumption that people who died of a communicable disease should be cremated to prevent spread is not supported by evidence. Instead, cremation is a matter of cultural choice and available resources. According to World Health Organization guidance, people who have died from COVID-19 can therefore be buried or cremated according to local standards and family preferences, with appropriate protocols for handling the body.

“In the same context, I deem it important to inform you that I have received impassioned appeals from within and outside the Muslim community that perceive the current policy on burials as discriminatory.

“Against this background, I fear that not allowing burials is having a negative effect on social cohesion and, more importantly, could also adversely impact the measures for containing the spread of the virus as it may discourage people to access medical care when they have symptoms or history of contact.

I recognize that during epidemics, for reasons of public health, Governments often need to take difficult and at times unpopular measures. However, in this case, the negative consequences of not allowing burials seem to outweigh any potential epidemiological benefit. Considering the evidence-based guidance of the World Health Organization, as well as the commitments of the Government of Sri Lanka to respect and uphold the rights of all communities, I therefore express my hope that the existing policy be revised so as to allow the safe and dignified burial of COVID-19 victims.

“The United Nations avails itself of this opportunity to renew its highest consideration to the Government of the Democratic Socialist Republic of Sri Lanka and stands ready to provide any relevant support on this matter.”

 

UNP in a bind

Four months after the last general election, the UNP and the Ape Jana Bala Pakshaya (AJBP) are yet to name their National List candidates. The UNP and the AJBP won a NL slot each at the August general election. The UNP had 106 lawmakers elected and appointed through its NL in the previous parliament, whereas AJBP has never had any representation in Local Government, Provincial Councils or Parliament before securing one NL seat last August.

In the 225-member Parliament, two vacancies remained when Premier Mahinda Rajapaksa, in his capacity as the Finance Minister, presented the 2021 budget.

The AJBP suffered irreparable damage due to a simmering dispute between former lawmaker Ven Atureliye Rathana and Bodu Bala Sena General Secretary Ven Galagodaatte Gnanasara over the NL slot.

Ven Rathana sought the NL slot after making an abortive bid to get elected from Gampaha, whereas their Kuurnegala District nomination list containing Ven Gnanasara and others was rejected by the Returning Officer on technical grounds.

The court dismissed the AJBP’s appeal against the rejection of its lists in several districts, including Kurunegala. The contentious issue of who fills the NL slot is now before the court of law.

In terms of the Parliamentary Election Act and the Constitution, a political party, if so desired, can refrain from naming its NL members. When the writer raised this issue with the then Chairman of the Election Commission (EC) Mahinda Deshapriya explained that the concerned political parties could retain the vacancies. “EC has no power over NL appointments,” Deshapriya said, recalling how the USA (United Socialist Alliance) delayed filling its vacancy in Parliament, following the 1989 general election. The vacancy was filled in 1991 when Raja Collure took oaths as a Member of Parliament. The USA consisted of the Communist Party of Sri Lanka, the Lanka Sama Samaja Party, the Nava Sama Samaja Party and the Sri Lanka Mahajana Pakshaya. The USA, in addition to one NL slot, won two seats.

Today, the vast majority does not remember how the UNP, by way of an infamous referendum, conducted in 1982, put off the general election, scheduled for 1983, to 1989. In other words, after the 1977 general election, that gave JRJ a 5/6 majority, there hadn’t been a general election, till Feb 15, 1989. At the violence-marred ‘89 poll, the UNP secured 125 seats, whereas the SLFP managed 67.

In terms of the system now in place, the appointment of NL members is the prerogative of the General Secretary of a particular party. UNP General Secretary Akila Viraj Kariyawasam will not move until party leader Wickremesinghe directs him. Contrary to expectations, Wickremesinghe refrained from making his decision before the vote on the 20th Amendment to the Constitution on August 22. The UNP is likely to keep its NL slot vacant during the budget debate, too.

There had never been a previous budget debate without the participation of the UNP. The failure to reach consensus on the NL slot has further weakened the party, with the SJB consolidating its position. With corona on the rampage, the SLPP, too, is likely to suffer, both in short and long term, in the absence of a cohesive strategy to meet the daunting economic challenges.

The SLPP winning a 2/3 approval for the 20th Amendment seems to be irrelevant as the epidemic continued to cause debilitating damage to the national economy. The government’s failure to properly ascertain/investigate the eruption of the second corona outbreak raised concerns among the public. The Attorney General seems to be on a collision course with the police, with the latter apparently adopting delaying tactics, an accusation, however, denied by the police. In the meantime,  the origins of the second eruption remains a mystery, over six weeks after the detection of the first case in  the second wave. The police cannot ignore the fact that the AG, issuing instructions as regards an inquiry, specifically referred to negligence on the part of the Brandix as well as government officials. Contrary to specific instructions received by the police, the police are yet to furnish a progress report on the corona eruption, as requested by the AG.

In the wake of the August defeat, the UNP appeared to have lost its prominent place in national politics. The UNP is unlikely to participate in the budget debate and, therefore, its NL slot is likely to remain vacant this year.

In spite of having an unbeatable near 2/3 majority, the SLPP, too, seems to be in some trouble, against the backdrop of the split over the 20th Amendment. Although the ruling coalition overcame differences and finally voted on Oct 22 for the 20th Amendment without division, political woes remain.

Minister Wimal Weerawansa complained to Premier Mahinda Rajapaksa, before the vote on 20 A, of an alleged attempt made by SLPP NL member Jayantha Ketagoda to convince some NFF members to vote for the new law even if their party decided not to. Political turmoil is set to continue as finances deteriorate.

Sri Lanka walking a diplomatic tightrope

 SPECIAL REPORT : Part 342

November 11, 2020

Oct 28, 2020: President Gotabaya Rajapaksa receives US Secretary of State Mike Pompeo at the Presidebtial Secretariat (pic courtesy President’s Office)

 

By Shamindra Ferdinando

Among a spate of diplomatic appointments made by President Gotabaya Rajapaksa, none triggered opposition from those who had backed his presidential candidature as the appointment of Milinda Moragoda as Sri Lanka’s High Commissioner in New Delhi.

The one-time top UNP Minister, and a former close confidant of beleaguered UNP Chief Ranil Wickremesinghe, Moragoda, who had proved his negotiating skills, both here and abroad, received the appointment at a crucial time as Sri Lanka struggles to maintain a much required balance, in its foreign relations, in the wake of the rapidly evolving catastrophic US-China confrontation under Trump Presidency. Hopefully after President-elect Joe Biden assumes reins in Washington, things will be tackled more with brains by both sides than with military brawn, for the sake of survivability of all life on earth as the nature’s balance has already been badly damaged without nukes going off in the event of a future war, finishing the job in extra quick time.

The recent clear victory, secured by President-elect Joe Biden, may halt further deterioration of US-China relations. But, it is too early to reach a final conclusion as regards US-China relations or US-Iran dealings, badly damaged by outgoing US President Donald Trump’s bellicose actions.

Sri Lanka’s political leadership needs to keep (in mind that in spite of the incumbent Republican’s departure from the White House in January 2021), the policy adopted by the quartet led by the sole superpower US, also comprising Japan, Australia and India, vis-a-vis Sri Lanka, is expected to remain the same. The grouping’s policy will be primarily influenced by Sri Lanka’s relationship with China, especially against the backdrop of the much-deteriorated China-India relations.

Moragoda’s appointment received the approval of the Parliament, amidst a campaign directed at the former Minister, who played a significant role in Wickremesinghe’s disastrous efforts to settle the North-East issue, with the help of the Norwegians. Those who opposed Moragoda’s appointment found fault with him over his controversial role as an UNPer, as well as an opinion maker. They made representations to the Parliamentary High Posts Committee, chaired by Speaker Mahinda Yapa Abeywardena, against Moragoda’s appointment. The Parliament obviously rejected criticisms of Moragoda’s conduct, as a politician, hence the unanimous approval.

In the wake of the attacks on Moragoda, as well as criticism of government decisions, as regards some other appointments, President Gotabaya Rajapaksa explained his position in this regard. The President resorted to the issuance of an unprecedented statement defending the appointments made by his government. Those backing the government, but strongly opposed to some of the appointments, extensively used social media to target the nominees. Moragoda was repeatedly attacked. National Freedom Front leader Wimal Weerawansa, who is also a member of the cabinet, publicly questioned Moragoda’s conduct and his brainchild, Pathfinder Organization. Weerawansa even categorized the Pathfinder Organization as a CIA front. Whatever the criticism, as regards the founder of the Pathfinder Oganisation, the new envoy to New Delhi can certainly articulate the President’s stand. Moragoda, both in and out of the Parliament, enjoyed excellent relations with influential countries.

 

Prez won’t succumb to pressure

 

In a statement headlined ‘No intention of changing appointments recently made after deep thought in the face of pressure’ the President urged distractors not to undermine those who had been chosen by the government. The President’s Office issued the following statement on Sept. 2, 2020: “Pressure is being mounted against certain appointments recently made by the President and the Government. All these appointments were made with the utmost consideration of our country’s sovereignty, national security and implementation of the Saubhagyaye Dekma policy statement. Also, the President emphasizes such appointments have been made after careful scrutiny of loyalty to the nation, qualifications and background of these individuals so that policies of the Government can move forward in a successful manner.

The President stressed that he had no intention of changing such appointments, made after deep thinking, or to replace them with different persons in the face of pressure. As such, the President politely requests everyone not to pressure him or the Government to change these appointments.

The President is of the view that expressing opinions against these appointments will not only make the appointees unable to carry out their duties and responsibilities, properly, but also will weaken the Government’s process, by underestimating them in the society.”

In addition to Moragoda’s appointment, the President picked veteran career diplomat Ravinatha Aryasinha, former career diplomat Palitha Kohona, and political commentator and author C.A. Chandraprema as Sri Lanka’s top envoys in Washington, Beijing and Geneva, respectively. Former Chief Justice Mohan Peiris is Sri Lanka’s Permanent Representative in New York.

The recent change, in the US administration, is unlikely to change their policy towards Sri Lanka as Washington’s growing dependence on New Delhi, to meet the Chinese challenge, remains a key push factor. Western powers and India are certain to respond to the growing China-Sri Lanka political relations, as highlighted by the recent statement issued by the Chinese Embassy in Colombo. The statement issued by the Embassy dealt with high level talks that had taken place close on the heels of US Secretary Mike Pompeo’s visit, just ahead of the US presidential election. The Donald Trump administration, without doubt, sought to influence the voters of Indian origin, by Pompeo’s two-day visit to New Delhi, before arriving in Colombo on Oct 27th. The US also participated in the high profile Malabar 2020 maritime exercise, involving India, Japan and Australia, in the Bay of Bengal, ahead of the US election. Trump’s rival Biden had Kamala Harris, of Tamil origin, as his running mate. She is the first immigrant and the first woman ever to become the US Vice President. She is also the first African-American woman, the first Indian-American, and the first Asian-American US Vice President.

 

Biden-Kamala Harris strategy

 

In spite of some sections of the Sri Lankan community expressing fears of Harris, being of Indian origin, she shouldn’t be a serious concern as the US policy on Sri Lanka is unlikely to be shaped by an individual. But the Democratic politics can be quite hostile, much more aggressive than the Republican response to Sri Lanka. How can Sri Lanka forget the US forcing Sri Lanka to co-sponsor the Geneva resolution in the wake of the then Sri Lanka’s Permanent Representative in Geneva, Ravinatha Aryasinha, strongly objecting to the draft resolution, at the first informal session with the then US-led Core Group. Premier Wickremesinghe and Foreign Minister Mangala Samaraweera overruled Aryasinha, who co-sponsored the resolution on Oct 1, 2015.

Sri Lanka, under whatever the circumstances, cannot forget that the previous yahapalana government co-sponsored an accountability resolution in the Geneva-based United Nations Human Rights Council (UNHRC) in Oct 2015 during Barack Obama’s Democratic administration. The Democrats are back. The US quit the UNHRC, in June 2018, at the behest of President Trump whose administration, while ridiculing the Geneva body, ensured the continuation of the process meant to debase Sri Lanka. US ally, the UK, now spearheads the US initiated project.

Sri Lanka should strongly push for re-examination of the Geneva resolution, adopted on the basis of unsubstantiated war crimes allegations. Contrary to claims, there is absolutely no change in the Geneva stand, vis-a-vis war crimes allegations directed at Sri Lanka. A statement issued by the UK’s International Ambassador for Human Rights, Rita French, on Feb 27, 2020, on behalf of the Core Group on Sri Lanka (Canada, Germany, North Macedonia, Montenegro and the UK) underscored the need to expose Western lies.

 

Core Group repeats US stand

 

Let me reproduce Ambassador French’s statement verbatim: “In 2015, Sri Lanka co-sponsored resolution 30/1, which provided a framework to address the legacy of conflict and build the foundations for sustainable and inclusive peace. Sri Lanka committed to delivering progress on accountability, reconciliation and human rights with the support of the Council and reaffirmed those commitments through two further resolutions. As the High Commissioner’s report highlights, these resolutions have their origins in Sri Lanka’s domestic processes.

“These resolutions are hugely significant for Sri Lanka and for this Council. They marked the end of a period of confrontation with voted resolutions and an international investigation. They heralded the start of a partnership and a sense of common purpose between Sri Lanka and the Council.

“From 2015, important steps have been taken, as recognized in successive Council reports. We join the High Commissioner in welcoming the significant progress in institution building, including through the establishment of the Office of Reparations and the Office on Missing Persons. Fulfillment of the mandates of these offices would bring hope to those left behind, following tens of thousands of cases of enforced disappearances over many years.

“Following the resolution, human rights defenders, academics and journalists, have had more freedom and experienced less intimidation. However, we share the High Commissioner’s concern at the growing number of reports of harassment and surveillance of human rights defenders and victims of human rights violations. The protection of civil society, independent media and human rights institutions, from intimidation, remains critical to fulfill Sri Lanka’s commitment to a free and open democratic society, both in the build up to, and beyond the upcoming Parliamentary elections.

“We are deeply disappointed and concerned that the government has changed its approach to the resolution. We remain profoundly committed to resolution 30/1 and its principles of reconciliation, accountability, inter-communal harmony, and justice for victims of conflict.

“We urge the government of Sri Lanka to advance all of these principles and to ensure a prosperous and inclusive Sri Lanka for which the rule of law and ending impunity are a fundamental basis.

“We encourage the government of Sri Lanka to continue cooperation and dialogue with the Council, the OHCHR, and UN human rights mechanisms, to facilitate progress towards a lasting peace where the rights of all of Sri Lanka’s people can flourish.”

Sri Lanka’s pathetic failure to counter the propaganda, has facilitated the high profile Western campaign, directed at the war-winning political and military leaderships, much to the disappointment of the vast majority of people. Negligence, on the part of successive administrations, facilitated the Western project, as the country continued to be categorized as a major human rights violator, and repeatedly demonized. One year after the last presidential election, Sri Lanka is yet to take tangible measures to challenge the Geneva resolution, though it announced the withdrawal from the Geneva resolution. Quitting the Geneva process is certainly not the answer to the Western propaganda project, directed at Sri Lanka. Instead, Sri Lanka should take appropriate measures to formulate a cohesive response to the Geneva resolution, based on lies. Successive governments had facilitated continuation of the anti-Sri Lanka project by conveniently holding back an efficient response to unsubstantiated war crime accusations.

 

TNA seeks to exploit Biden victory

 

One-time LTTE mouthpiece, the TNA, on Sunday (Nov. 8) congratulated US President-elect Joe Biden and his deputy Kamala Harris. The TNA is the first Sri Lankan party to applaud Biden and Harris for winning the US election. A much weaker TNA comprises Illankai Thamil Arasu Kadchi (ITAK) and three ex-terrorist groups, namely TELO, PLOTE and EPRLF, funded and armed by India, in the ’80s. The TNA will certainly go all out to win the sympathy of the new US administration. The TNA, in a statement issued on Sunday, said: “As the premier political party, representing the Tamil people in Sri Lanka, we congratulate President-elect Joe Biden and Vice President-elect Kamala Harris on a momentous victory.”

The TNA worked closely with successive US administrations to undermine the Rajapaksas. TNA Chief R. Sampanthan backed war-,winning Army Commander the then General Sarath Fonseka’s presidential candidature at the January 2010 election, the first national poll after the successful conclusion of the war the year before. Sampanthan, in spite of initial reservations when the US asked for his backing for the UNP-led coalition, against President Mahinda Rajapaksa, joined the grouping. The TNA delivered all eight electoral districts, including Digamadulla, to Fonseka.

The TNA backed Maithripala Sirisena and Sajith Premadasa at the 2015 and 2019 presidential elections, too, though the latter project went awry. Premadasa, though backed by minority political parties, represented in Parliament, suffered a heavy defeat at the hands of Gotabaya Rajapaksa, whose candidature, at the presidential poll, seemed so unlikely, due to the unprecedented legal challenge, that a jittery SLPP leadership got Chamal Rajapaksa to pay the required deposit to contest as an independent. The judiciary ruled in favour of Gotabaya Rajapaksa.

In the wake of Premadasa’s defeat, the TNA suffered a major setback in the Northern and Eastern Provinces, at the parliamentary election, last August. The TNA was reduced to just 10 seats, whereas its rivals increased their tally there. In the previous Parliament, the TNA had 16 seats, though two deserted the coalition later. At the height of the LTTE-TNA project, when the combine enjoyed exclusive power in the Northern and Eastern regions, the grouping had 22 seats. In spite of being significantly weakened, both in and out of Parliament, the TNA remained a force to be reckoned with, due to its cozy relationship with Colombo’s Western diplomatic community. Regardless of waning of the TNA’s clout, in the current Parliament, the grouping’s stand has been strengthened by the entry of former Northern Province Chief Minister C.V. Wigneswaran (2013-2018) and Gajendrakumar Ponnambalam, from different parties.

The TNA wielded so much power, during the Sirisena-Wickremesinghe administration (Jan 2015- Nov 2019), on behalf of the party, its Jaffna district MP M.A. Sumanthiran revealed in Washington the existence of an agreement for the inclusion of foreign judges in a hybrid war crimes court, constituted in terms of the Geneva Resolution. The declaration was made in June 2016 in the presence of the then Sri Lanka’s Ambassador in Washington Prasad Kariyawasam. An utterly inept parliament never even bothered to at least to raise President’s Counsel Sumanthiran’s explosive revelation. Interestingly, the Sri Lankan Embassy, in Washington, issued a statement regarding the event where Sumanthiran made the revelation, in the presence of the Ambassador, but conveniently refrained from making reference to TNA heavyweight’s comment on foreign judges.

Sumanthiran declared that his party reached a tripartite consensus in respect of foreign judges, defence attorneys, investigators, etc., in a Sri Lankan judicial mechanism, before the Geneva Council unanimously adopted Resolution 30/1.

The MP told the 2016 American ‘Congressional Caucus for Ethnic and Religious Freedom in Sri Lanka’, in Washington, that the government of Sri Lanka, the TNA and the US negotiated the agreement.

MP Sumanthiran stressed that the 2015 resolution was moved in Geneva following an understanding that the participation of foreigners wouldn’t be contrary to Sri Lanka’s Constitution. Declaring that he had been personally involved in the negotiations, with the United States of America also participating in that particular process, Sumanthiran said: “There were some doubts created, as to whether the Constitution of Sri Lanka would allow for foreign nationals to function as judges and we went into that question, clarified it, and said yes they can”.

Sumanthiran told the Congressional Caucus that the resolution adopted in Geneva, had been negotiated and they settled for a hybrid model, though they originally asked for an international inquiry.

As long as Sri Lanka fails to prove war crimes accusations are wrong, the project will continue, regardless of the change of administrations in the US.

In the run-up to the presidential and parliamentary polls, in January and August, 2015, respectively, the country was told that the threat of war crimes probe would end with the ouster of the then President Mahinda Rajapaksa. The yahapalana leaders proudly declared that as they would restore faith in the judiciary, the issue of foreign judges was irrelevant. Over five years later, Sri Lanka remains accused of committing war crimes, in spite of having the wherewithal to successfully counter them. Vital information that can be used to set the record straight, gather dust as the parties hell bent on dividing the country on ethnic lines, advance their strategy.