SPECIAL REPORT : Part 342
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.
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.
