Field Marshal breaks a long silence on Tamil vote at 2010 prez poll

 SPECIAL REPORT : Part 369

Published

  2021/05/26

By Shamindra
Ferdinando

Field Marshal Sarath Fonseka last Wednesday (19) explained why the Tamil electorate voted for him at the January 26, 2010, presidential election. The explanation coincided with the low-key 12th anniversary of Sri Lanka’s triumph over the Liberation Tigers of Tamil Eelam (LTTE). In other words, Sri Lanka’s most successful Army Chief emphasized how he won the hearts and minds of the Tamil community.

Fonseka said so in Parliament after Samagi Jana Balavegaya (SJB) and Opposition Leader Sajith Premadasa asked for time on behalf of Fonseka. Premadasa wanted the former minister given time to speak on Sri Lanka’s triumph.

Having thanked the then Defence Secretary Gotabaya Rajapaksa (now President), the then President Mahinda Rajapaksa (now Prime Minister) and other services and the Police as well as the Civil Defence Force (CDF), Gampaha District lawmaker Fonseka declared: THE PEOPLE OF THE NORTH AND EAST VOTED FOR HIM WITHOUT HATRED BECAUSE OF THE RESTORATION OF PEACE IN THE ENTIRE COUNTRY.

Why did MP Fonseka make such an assertion 12 years after the war? What prompted him to say so? Most importantly, was he telling the truth? Did the Tamil electorate really vote for him because of his role in the eradication of the LTTE? Lawmakers haven’t responded to Fonseka so far. The civil society, too, has remained mum.

Let me discuss the post-war national reconciliation  process, taking into consideration three statements made in Parliament on May 18th (Premier Mahinda Rajapaksa) and on May 19th and 20th (Sarath Fonseka). Having declared that those who spearheaded the war against the LTTE never followed genocidal strategies, Premier Rajapaksa thanked the war time service commanders. Twice President Rajapaksa mentioned Field Marshal Fonseka first. On the following day, MP Fonseka didn’t mince his words when he appreciated the services rendered by the Rajapaksas. Having thanked the President and the Prime Minister, lawmaker Fonseka claimed why the Tamil community backed him at the 2010 presidential election. MP Fonseka zeroed in on Rear Admiral (retd) Sarath Weerasekera on the next day. MP Fonseka sought to isolate Public Security Minister Weerasekera by declaring that even the Rajapaksas recognized the services by him (Fonseka).

Actually, why did the Tamil community vote for Fonseka whose Army literally eradicated the LTTE militarily in the battlefield in May 2009. The failure on the part of the LTTE rump to regroup since then in spite of unlimited funding sources and a section of the international community backing them is a huge credit to the armed forces as well as the political leadership. Obviously, those who survived the war (including the rehabilitated lot) lost their will to take up arms again having succumbed to the combined security forces onslaught.  Fonseka’s Army brought the war to an end following nearly a three-year long relentless campaign. However, that wouldn’t have been possible if not for the significant contributions made by the Navy and the Air Force, in support of the ground offensives, in addition to strategic actions directed at the LTTE. Wasantha Karannagoda and Roshan Goonetileke, received promotions as the Admiral of the Fleet and Marshal of the Air Force, respectively, in recognition of the services rendered during the war.

There hadn’t been a previous instance of Fonseka appreciating the role played by the Navy due to his personal animosity towards Karannagoda during the war and thereafter. Some, however, say that the rivalry between the two actually originated at their alma mater, Ananda College, Colombo, due to both of them being talented and ambitious in their own right. But, Karannagoda, in his memoirs, titled ‘Adhistanaya’, lucidly explains the circumstances leading to the crisis. 

Anyway, lawmaker Fonseka’s brief but timely speech delivered on the day his Army brought the war to an end, 12 years ago, should be appreciated.

 

A calculated risk

Actually, why did the UNP pick Fonseka as the common candidate? In the aftermath of the eradication of the LTTE, in 2009, the UNP had no option but to accept Fonseka as the common candidate, particularly against the backdrop of the war-winning General making covert moves in that direction. The UNP-led Opposition strategy was primarily meant to deprive President Mahinda Rajapaksa the advantage of the unbelievable (in the eyes of the powerful West that insisted on the invincibility of the Tigers in battle) war triumph. There couldn’t have been a better choice than Fonseka though the Opposition leadership quite correctly realized how the inclusion of the LTTE’s sidekick Tamil National Alliance (TNA) in the grouping distanced the Southern electorate.  Fonseka, however, remained silent until the last moment.

Fonseka didn’t mince his words when the media, on July 15th 2009, raised the possibility of his entry into active politics. The writer was among those who had been present at the media briefing called by General Fonseka, in his new capacity as the Chief of Defence Staff (CDS) at the Joint Operations Headquarters (JOH) within the Army Headquarters premises.  Fonseka declared he would never seek a political career. The war veteran said that he wouldn’t want to lose his popularity within 24 hours by taking to politics. The former Army Chief recalled the fate of his senior colleagues, Major General Lakshman Algama and Major General Janaka Perera, both of whom perished in LTTE suicide attacks on election platforms (Gen Fonseka: Lanka ready for fresh UN commitments, with strap line, CDS rules out political career – The Island,  July 16, 2009). The LTTE assassinated Gemunu Watch veteran Algama on Dec 18, 1999 at an election rally in Ja-Ela held in support of UNP Presidential candidate Ranil Wickremesinghe, whereas Commando veteran Perera perished on Oct 06, 2008 in Anuradhapura at an event related with PC polls in which he contested as the Chief Ministerial candidate of the North Central Province.

 Nothing could be further from the truth than Fonseka’s recent declaration in Parliament that those living in the northern and eastern regions voted for him because of the restoration of peace therein? The Tamil electorate never accepted Fonseka’s  role as the Commander of the Army and repeatedly accused him and his Army of genocide, especially after the crushing defeat of the LTTE.

There cannot be any dispute over that. Having recognized the LTTE as the sole representative of the Tamil speaking people, way back in 2001, the TNA wouldn’t have accepted Fonseka if the outfit wasn’t convinced that only the former Army Commander could have challenged the immensely popular Mahinda Rajapaksa at that time.

 The plan received the wholehearted backing of the West and especially the US, though the then US Ambassador in Colombo, Patricia Butenis, in a confidential dispatch from Colombo, subsequently exposed by Wikileaks, categorized Fonseka as a war criminal along with President Mahinda Rajapaksa, Defence Secretary Gotabaya Rajapaksa and lawmaker Basil Rajapaksa. The diplomatic missive, dated January 15, 2009, held the above-mentioned leaders responsible for war crimes. In spite of that, the US threw its weight behind Fonseka, perhaps initiating the move itself as the only viable political strategy to defeat the hugely popular war, winning Mahinda Rajapaksa securing a second term.

 

Neelakandan’s dilemma

 It would be pertinent to mention what the then President of the All Ceylon Hindu Congress  (ACHC) late lawyer Kandiah Neelakandan told the writer during a visit to Cheddikulam, Vavuniya, on January 09, 2010, organized on the instructions of the then Justice and Law Reforms Minister Milinda Moragoda.  Among those who had been present were one-time Bank of Ceylon Chairman Rajan Asirvatham, a member of the government negotiating team for talks with the LTTE in 1994-1995 and Gamini Godakanda on Minister Moragoda’s staff. The visit coincided with President Rajapaksa’s releasing a group of rehabilitated ex-LTTE cadres at Cheddikulam. Asked how he felt the TNA joining the UNP-led alliance backing Fonseka’s candidature at the presidential election, Neelakandan confided that the Tamil community had been asked to vote for the man who conducted the actual war in a bid to defeat the one who gave that directive. Neelakandan confessed that the Tamil community was in a deepening dilemma. Moragoda, now our High Commissioner to India, secured the assistance of the ACHC and other like-minded persons as part of the overall efforts to win the confidence of the Tamil community (Have faith in me – President tells ex-LTTE combatants, The Island, January 10, 2010). President Rajapaksa visited Vavuniya then just over two weeks before the presidential election with him contesting for a second term.

But, obviously, the Tamil community knew what the TNA expected of them. The TNA declared its support for Fonseka’s candidature and the northern and eastern provinces responded accordingly. Fonseka comfortably won all northern and eastern districts though the South delivered a massive blow to the war-winning Army Chief. The then incumbent President defeated Fonseka by over 1.8 mn votes. The US-approved political strategy failed. The failed project caused catastrophe. In fact, the disintegration of the once powerful party, the UNP, began with the disastrous 2010 project. Perhaps, in its haste to bring the Rajapaksa era to an end, the grand old party gambled and gambled badly. What really went wrong? The UNP paid a huge price for not sincerely backing the war effort (August 2006-May 2009) and then exploiting differences between the Rajapaksas and Gen. Fonseka. A political alliance involving the Illankai Thamil Arasu Kadchi-led TNA, tainted by its murderous relationship with the LTTE, at the 2010 presidential election, boomeranged. The UNP and even General Fonseka ignored how the LTTE-TNA coalition at the 2005 presidential election ensured UNP candidate Ranil Wickremesinghe’s defeat. If not for the LTTE-TNA prevailing on Tamils not to vote for Wickremesinghe, the UNP Leader would have won the election hands down.

Wickremesinghe contested the 2005 presidential election on the UNP ticket. A UNP-led coalition fielded presidential candidates on the New Democratic Front (NDF/symbol swan) at the 2010 (General Sarath Fonseka) 2015 (Maithripala Sirisena) and 2019 (Sajith Premadasa). Having engineered Wickremesinghe’s defeat at the 2005 presidential poll, the TNA backed candidates fielded by the UNP at the following three elections. The UNP suffered avoidable defeats due to its involvement with the TNA. The UK headquartered Global Tamil Forum (GTF) affiliated with the TNA, too, played politics with the government. The GTF had access to President Maithripala Sirisena during his first visit to the UK following the 2015 presidential election.

A statement issued by the influential Global Tamil Forum (GTF) to mark the 12th anniversary of the conclusion of the war revealed their strategies remained the same though the LTTE was no longer around. In spite of the TNA gradually losing its clout and the emergence of other political parties, the GTF seems pursuing the same strategy. Let me reproduce verbatim the relevant section of the GTF statement issued by Suren Surendiran: “Equally important is that the Tamil people and their leaders take stock of the challenges and opportunities in the present political climate and act strategically by forming partnerships with stakeholders across all communities in Sri Lanka and in the international community. The importance and urgency of securing pragmatic and tangible gains, with the objective of fulfilling the political and economic aspirations of the Tamil people, cannot be overstated.”

 

The UNP’s plight

 If General Fonseka is genuine in his assessment that the Tamil community voted for him at the 2010 presidential election in appreciation for restoration of peace, why on earth the TNA pushed for an international war crimes probe. Fonseka cannot be unaware 13 Tamil lawmakers, including those who backed him at the 2010 presidential poll, sought international intervention at the 46th session of the Geneva-based United Nations Human Rights Council (UNHRC) in Feb-March this year. Perhaps Fonseka should seek an explanation from Tamil political parties in the Opposition why they pursued a war crimes probe against the backdrop of the Tamil electorate voting for him. That of course is only if Field Marshal is genuine in his May 19 assessment.

The UNP’s post-war strategy caused the deterioration of the party. The UNP/President Sirisena stratagem in accepting the TNA as the main Opposition party in Parliament with the connivance of then Speaker Karu Jayasuriya during the yahapalana administration at the expense of the Joint Opposition which commanded the support of much more MPs, elected on the UPFA ticket, at the 2015 general election, caused irreversible setback to the UNP in the eyes of the public. Unprecedented split in the UNP in the run-up to the last parliamentary election in August 2020 made matters worse for the party.  Fonseka was among those who switched allegiance to the SJB. The badly depleted UNP, for the first time in its history, failed to win a single seat. The party ended up with just one National seat. Over eight months after the election, that seat remains vacant primarily because of the vacillation of its Leader and his stubbornness in holding onto the party leadership despite numerous polls defeats under his watch. The leadership is like an heirloom that he has inherited.

 Why Fonseka accepted the TNA’s backing against the backdrop of its close relationship with the LTTE is a mystery. Having recalled the killing of Majors General Algama and Perera when he assumed duties as the CDS in July 2009, Fonseka quite conveniently forgot the TNA’s endorsement of the LTTE bid to assassinate Fonseka. If the LTTE succeeded in eliminating Fonseka in April 2006 and Defence Secretary Gotabaya Rajapaksa in Oct 2006, the war would have definitely taken a different turn as we have often reminded.  

The recent passage of a Bill 104 in the Ontario Provincial Legislature that recognized that the Tamil community in Sri Lanka was subjected to genocide is a reminder of the growing threat posed by a section of the international community even though many of those powerful Western nations which are instigating the Tamil Diaspora have much blood in their own hands-leaving aside their recent grave criminal acts as in the Middle East, countries like the USA, Canada, Australia were created after committing many acts of genocide against natives of those lands. We also cannot forget the unforgivable crimes that have been committed against Negroes in the last five hundred years or more. They demanded and got compensation for Jews, but have they at least given even a proper apology for the grievous crimes committed against gypsies and blacks that they continue to perpetrate. It is as if not a week goes by in the USA without the extrajudicial gunning down of a black in the streets of that country by its law enforcers. Prior to 2020 the so called independent free media simply ignored such killings of blacks and other minorities running to hundreds each year. But last year as they wanted to target Trump the media suddenly picked up the Black Livers Matter cry, especially to get at right wing perpetrators of such crimes and their sympathisers in the Trump camp.

 Field Marshal Fonseka represents the people in Parliament. Having commanded the successful Army, lawmaker Fonseka cannot under any circumstances play politics with the issue at hand. Parliament, too, as an institution should recognize high profile threatening Canadian project and how it could influence other countries and strengthen the ongoing Geneva inquiry.

 Field Marshal Fonseka’s declaration that the Tamil community voted for him for the restoration of peace cannot certainly be accurate. Re-assessment of the ground situation is of pivotal importance as interested parties brazenly exploit the utterly corrupt political party system.  The GTF’s advice to the Tamil speaking community and their leaders regarding political strategies is evidence of how the project is pursued. The bottom line is that those who once believed in the conventional fighting capability of the LTTE seem confident their political objectives could be achieved through constitutional means. They have the backing of the Western powers. Western backing for candidature like General Sarath Fonseka and Maithripala Sirisena at the 2010 and 2015 presidential polls, respectively underscored their strategy. Both the UNP and the SLFP paid a huge price for giving into the Western initiatives. At the end both political parties suffered irreversible setbacks. Who would have thought the birth of SJB and SLPP at the expense of the UNP and the SLFP, respectively? Today, both parties are in a sorry state with no hope in sight of a comeback.

The UNP seeking to bring the Mahinda Rajapaksa era to an end fielded Fonseka. For the UNP, it didn’t matter whether their presidential candidate was able at least to exercise his franchise. The then General’s inability to vote for want of him being registered as a voter was known only on the election day. Obviously the electorate was deceived. Having suffered a humiliating defeat, the UNP-led coalition, foolishly propagated the lie that the former Army Commander was defeated through what the losers called a computer jilmaart (manipulation). The JVP literally ran with the computer jilmaart lie. Today, the JVP has been reduced to three lawmakers in Parliament. Their group includes one National List MP (Dr. Harini Amarasuriya). At the height of its parliamentary power, the JVP group comprised 39 members of Parliament elected in 2004, including three National List members. In fact, all political parties involved in the 2010 coalition established to back Fonseka are in turmoil. The UNP has been reduced to one National List MP, the TNA to 10 and JVP three with two other constituents, the SLMC and the ALCM reduced to five and four members respectively. Perhaps a fresh look at political landscape is necessary against the backdrop of the passage of the Colombo Port City Economic Commission Bill.

 We apologise to the readers for not touching on the burning topic plaguing the country, the coronavirus pandemic. We felt the readers need a break from the subject as the media is replete with the subject, day and night.

Canadian acceptance of genocide jolts Sri Lanka

 

SPECIAL REPORT : Part 368

Published

  2021/05/19

On the eve of war victory anniversary

By Shamindra Ferdinando

Sri Lanka brought the war to a successful conclusion on the morning of May 19, 12 years ago. The nearly three-year-long combined security forces campaign ended on the banks of the Nanthikadal lagoon with the elimination of Velupillai Prabhakaran, the undisputed leader of the Liberation Tigers of Tamil Eelam (LTTE).

 The then President Mahinda Rajapaksa gave resolute leadership until the armed forces eradicated the LTTE. The President disregarded intense Western pressure to halt the Vanni offensive, east of the Kandy-Jaffna A 9 road. Western powers made a determined bid to throw a lifeline to the LTTE, in order to save the LTTE-TNA (Tamil National Alliance) alliance. So much so, the British and the French sent their Foreign Ministers, David Miliband and Bernard Kouchner, respectively, to pressure President Rajapaksa. Their combined visit took place in the last week of April, 2009.

The writer was very fortunate to visit the SLN, deployed off Mullaitivu on the northern coast, to prevent the top LTTE leadership fleeing the country. The SLN threw a four-layered cordon, consisting of small boats (Arrows), Inshore Patrol Craft (IPCs), Fast Attack Craft (FACs) and Offshore Patrol Vessels (OPVs) in January 2009. The SLAF, deployed a pair of jets at China Bay, in case of an emergency. President Mahinda Rajapaksa, quite determined to bring the LTTE menace to an end, told the visiting European ministers the offensive wouldn’t be stopped, under any circumstances. The Sri Lankan leader had no qualms in telling British and French Foreign Ministers, so, bluntly. Like a spurned lover, no wonder the West is so hell bent on going after those who made that victory possible against their then oft repeated mantra that Sri Lankan security forces were incapable of defeating the LTTE. This brings us to the question whether the West was throughout supporting the terrorist outfit, though outwardly they were condemning terrorism.  

“They’re not willing to do that,” Miliband said in an interview soon after talks with President Mahinda Rajapaksa. “The furthest the government has gone is to commit to no heavy weaponry and to minimize, what they call, collateral damage, mainly damage to civilians,” the media quoted him as having said.

If President Rajapaksa succumbed to Western pressure, the LTTE would have received the much-needed respite to re-group again. Their political arm in Parliament would have pursued the combined strategy. Had the LTTE-TNA coalition survived, the eruption of Covid-19 pandemic would have definitely presented the alliance an opportunity to exploit the situation.

Remember how they took advantage of the Dec 2004 tsunami to push for P-TOMS (Post-Tsunami Operational Management Structure) during Chandrika Bandaranaike Kumaratunga’s tenure as the President. The JVP challenged P-TOMS in the Supreme Court. The SC ruled four clauses of the P-TOMS illegal. Among the four clauses, termed illegal, were the ones as regards locating the regional fund headquarters in Kilinochchi and the operations of the regional fund. The JVP asserted that P-TOMS impacted on the country’s sovereignty and dubbed the mechanism as one which would confer legitimacy to a terrorist group.

If the LTTE had been around now, even with a much weaker conventional military capability, the crisis caused by the raging Covid-19 pandemic would have paved the way for the lethal alliance to seek a consensus on a vaccination drive in predominantly Tamil-speaking areas, under some pretext.

Failure of 2006 talks, subsequent developments

 The LTTE, always cleverly used opportunities to press for legitimacy. Successive political leaderships, too, played into their hands. Every national election presented the LTTE with a chance to press ahead with its despicable strategy. The 2005 presidential election was not an exception. Even the war-winning President Mahinda Rajapaksa, much to the discomfort of those who had backed his 2005 presidential polls campaign, gave into the LTTE’s demand for talks at overseas venues. Talks took place in Feb and Oct. 2006, in Geneva, under the auspices of the Norwegians, who took us trusting natives for many a ride, like the Portuguese, the Dutch and the British before them. The Norwegians inveigled the peace carrot, regardless of the abortive bids to assassinate the then Lt. Gen. Sarath Fonseka (April 25, 2006) and Defence Secretary Gotabaya Rajapaksa (Oct. 01, 2006). If the LTTE achieved its targets, Sri Lanka’s triumph over terrorism wouldn’t have been possible. That is the undeniable truth.

As the country marked the 12th anniversary of triumph over terrorism, today let me remind you the despicable way the previous administration treated the victorious armed forces. The treacherous Oct. 1, 2015 Geneva Resolution, co-sponsored by the Sirisena-Wickremesinghe government, betrayed the military during an extremely difficult situation. Perhaps, it would be pertinent to briefly discuss the high profile arrest of the then Commodore D.K.P. Dassanayake (retired on Feb. 16, 2021) in July 2017 in connection with the wartime disappearance of 11 persons. Dassanayake played a significant role during Vice Admiral Wasantha Karannagoda’s tenure as the Commander of the Navy. Regardless of the absence of credible evidence to link him to the disappearances blamed on the SLN, Dassanayake was called back from the USN Naval Post Graduate School, Monterey, California. At the time Dassanayake was called back, he had completed six months of the one and half year-long course.

Wartime Navy spokesperson, Dassanayake served as coordinator of the SLN cordon off of Mullaitivu – Nayaru (January-May 2009) stretch and was present when the writer visited the naval units, in April 2009. The then Commander of the Fast Attack Craft Flotilla Captain Noel Kalubowila (retired over a year ago in the rank of Rear Admiral), too, had been present during the media visit to the ‘naval frontline’. Instead of bringing the case to a successful conclusion, the previous administration played politics. The police as usual quite blatantly cooperated with the diabolical political project. The police had no qualms in falsely naming Dassanayake as Director Naval Operations (DNO). The police also falsely asserted Dassanayake supervised two teams accused of carrying out abductions. Finally, a disappointed Dassanayake retired in Feb. 2021 as the high profile case that had even been taken up in Geneva dragged on.

Dassanayake’s role in Sri Lanka’s seizure of an LTTE ship, in Dec. 2009, at an overseas harbour – seven months after the eradication of the LTTE – is something the country can be proud of. A small SLN team seized ‘Princess Christina’ — said to be one of the largest LTTE arms ships — and brought  it to the Colombo harbour.

 In spite of the change of government, in Nov. 2019, the armed forces are yet to take tangible measures to set the record straight. There cannot be any dispute over the need to punish those who had engaged in clandestine activity outside legitimate overt and covert operations undertaken by the armed forces and police to eradicate the LTTE. The previous administration’s treachery and the incumbent government’s failure, so far, to address accountability issues properly, is quite contrary to the assurances given in the run-up to the 2019 presidential and 2020 parliamentary polls. The external environment is so bad, that the Commander of the Army and Chief of Defence Staff (CDS) General Shavendra Silva remains blacklisted by the US. America’s bosom allies like Canada and Australia, too, have followed suit in blacklisting our war heroes.

The US imposed travel restrictions on wartime General Officer Commanding (GOC) of the celebrated 58 Division/formerly Task Force 1, in Feb. 2020. The US State Department declared travel restrictions were imposed on General Silva “due to credible information of his involvement, through command responsibility, in gross violations of human rights, namely extrajudicial killings, by the 58th Division of the Sri Lanka Army during the final phase of Sri Lanka’s civil war in 2009.”

 Accountability issues (or, in reality, trumped up charges) should be addressed without further delay. The continuing failure to set the record straight should be closely examined, taking political developments into consideration. A recent exchange between lawmakers, Field Marshal Sarath Fonseka (Samagi Jana Balavegaya, Gampaha District) and Rear Admiral Sarath Weerasekera (Sri Lanka Podujana Peramuna, Colombo District) emphasized how politics divided the country. Having served the country for over three decades, they accused each other of pursuing personal agendas in this most unfortunate cockfight. Furious accusations and counter allegations, in Parliament, on May 5, when they clashed over the Criminal Investigation Department (CID) denying a suspect in the Easter Sunday attacks, SJB MP and ACMC (All Ceylon Makkal Congress) leader Rishad Bathiudeen, an opportunity to attend Parliament, painted a bleak picture. Weerasekera, who retired having finally served the SLN as its Chief of Staff, accused Fonseka of being part of the Tamil Diaspora project whereas belligerent Fonseka alleged his political opponent of taking advantage of Geneva sessions for personal gain. Their clash underscored Sri Lanka’s pathetic failure to keep the country’s war victory out of politics.

 

Post-war politics

 Fonseka’s unexpected entry into politics, in 2009 with the backing of a UNP-led alliance, weakened the country’s defence against war crimes accusations. By switching his allegiance to the new coalition, that included the LTTE political wing, the TNA, Fonseka undermined the country’s defence and after quite a turbulent political career has ended up with the breakaway UNP faction, the SJB.

Fonseka and Weerasekera clashed over the latter’s assertion that lawmakers arrested in terms of the Prevention of Terrorism Act (PTA) shouldn’t be allowed to attend parliamentary proceedings. Weerasekera’s declaration that he couldn’t agree with TNA heavyweight M.A. Sumanthiran, PC’s stand as regards the issue at hand, is understandable. However, can there be a dispute between Fonseka and Weerasekera over the use of PTA in respect of lawmaker Bathiudeen, arrested in connection with the Easter Sunday carnage. Fonseka and Sumanthiran taking a common stand on the issue, at hand, should be examined against the latter publicly justifying the Easter Sunday attacks. Both served the Parliamentary Select Committee (PSC) that investigated the Easter Sunday attacks. The then Speaker, Karu Jayasuriya, who had been present when Sumanthiran justified the Easter Sunday attacks a week after the carnage, accommodated him in the PSC. Actually, the former Speaker, now Chairman of the NMSJ (National Movement of Social Justice), owed an explanation why he disregarded Sumanthiran’s declaration when accommodating him on the PSC, chaired by Deputy Speaker Ananda Kumarasiri.

Sumanthiran alleged that the Easter Sunday carnage was a result of Sri Lanka’s failure to ensure certain basic values. Sumanthiran warned of dire consequences unless the government addressed the grievances of the minorities. The lawmaker said so at an event, organized by the Sinhala weekly ‘Annidda’ to celebrate its first anniversary at the BMICH. Prof. Jayadeva Uyangoda, the then Human Rights Commissioner Dr. Deepika Udagama, J.C. Weliamuna, PC and the then Constitutional Council member Attorney-at-Law Javid Yusuf and filmmaker Asoka Handagama  dealt with the topic ‘Sri Lanka beyond 2020.’

Except for The Island no other print, or electronic media, bothered at least to report on what Sumanthiran said as the country was still in shock in the aftermath of the slaughter of 270 people. Even the Catholic Church refrained from taking a strong stand on Sumanthiran’s declaration, though the Archbishop of Colombo Malcolm Cardinal Ranjith condemned the statement when The Island raised the issue at a media briefing at the Archbishop’s House.

Sri Lanka obviously hadn’t been able to come to terms with political realities, even 12 years after the war ended. Canada recently recognized that Sri Lanka subjected the Tamil community to genocide. The unprecedented Canadian move was taken against the backdrop of Geneva adopting an anti-Sri Lanka resolution, with 22 countries voting for, 11 against and 14 skipping the vote.

On May 6, 2021, Ontario became the first jurisdiction in the world to recognize Sri Lanka genocide as a result of Scarborough MPP’s (Member of Provincial Parliament) private bill passed the third reading in that legislature. Let me emphasize it was adopted without a vote, under controversial circumstances, and, subsequently, received the Lieutenant Governor of Ontario Elizabeth Dowdeswell’s approval, two days after Foreign Minister Dinesh Gunawardena raised the issue with Canadian High Commissioner in Colombo, David Mckinnon.

The Bill 104 (the Tamil Genocide Education Week Act), allocated seven days each year, May 11 to 18, during which Ontarians “are encouraged to educate themselves about, and to maintain their awareness of, the Tamil genocide and other genocides that have occurred in world history.”

On Twitter, Scarborough-Rouge Park MPP Vijay Thanigasalam, a Canadian of Sri Lanka origin, who spearheaded the project, called the passage of his Bill ‘a historic event for the Tamil people in Ontario and across the world.’ The first reading of the Bill took place on April 30, 2019, the Second Reading on May 16, 2019 and the Third Reading on May 06, 2021. It received Lieutenant Governor’s approval on May 12.

But where is the justice for acts of real genocide committed by white settlers against natives of Canada to grab their land and, of course, also in rest of Americas and even Australia?

 The Canadian recognition of Sri Lanka genocide underscored the pathetic handling of the accountability issue. In fact, Canada, a member of the Sri Lanka Core Group, in the Geneva process, relentlessly pursued the issue at hand. Wouldn’t it be pertinent to examine what Sri Lanka did during April 2019-May 2021 to reverse the process? It would be a serious mistake, on Sri Lanka’s part, to consider the genocide rap as a project of the Ontario Legislative Assembly instead of a Canadian move. The Canadian move is severely inimical to Sri Lanka. The incumbent government, struggling to cope up with the rampaging Covid-19 pandemic, shouldn’t turn a blind eye to the threatening Canadian move. With major Canadian political parties seeking to win over the large Canadian population of Sri Lankans of Tamil origin, at Sri Lanka’s expense, the Ontario project would further strengthen the Geneva-led campaign meant to weaken Sri Lanka.

Canada-based Dr. Neville Hewage, who had made representations to the Ontario Legislative Assembly, in respect of Bill 104, and was engaged in a campaign against the move throughout this period, says the propaganda project should be thwarted. In response to The Island queries as regards his decision to move the Canadian judiciary against Bill 104, Dr. Hewage said; “I am the Applicant. I submitted a constitutional question in respect of Bill 104 at the Superior Court of Justice. We expect the Superior Court of Justice to take it up within 60 days. But there may be a delay due to COVID-19 restrictions. Facts presented in Bill 104 were completely false. Truth is a Fundamental principle of the Rule of Law. Therefore, it has to be defeated in the best interest for all parties.”

Dr. Hewage stressed that he moved the court as a Canadian Citizen. Declaring he acted as an individual, Dr. Hewage explained how he could much easily navigate the legal process as a Canadian. Asserting the action would represent the interest of all groups opposed to the ongoing harassment of Sri Lanka, Dr. Hewage said some groups, such as Sri Lanka Canadian Action Coalition (SLCAC) would make interventions.

Sri Lanka should carefully examine the Canadian challenge. Those at the helm of current dispensation should realize the impact the Canadian acceptance of the genocide charge could undermine Sri Lanka’s overall defense at the Geneva HRC. Political parties, represented in Parliament, should study Bill 104. The Parliament should take up this matter on behalf of Sri Lanka and make every effort to set the record straight or be ready to face the consequences.

Over 12 years after the conclusion of the war, Sri Lanka remained divided over her finest post-independence achievement, thanks to despicable petty politics practiced here. Perhaps, the whole Geneva process should be examined now against the backdrop of Canadian acceptance of Genocide in Sri Lanka. The Geneva onslaught will take a new turn with the recognition/acceptance of Genocide charge.

Gammanpila’s proposal for ‘grading system’ for Ministers timely

 

SPECIAL REPORT : Part 367

Published

  2021/05/12

By Shamindra Ferdinando

The Pivithuru Hela Urumaya (PHU) is a constituent of the Sri Lanka Podujana Peramuna (SLPP)-led coalition. The PHU is represented in the Cabinet of ministers by its leader and Attorney-at-Law, Udaya Gammanpila. One-time Jathika Hela Urumaya (JHU) heavyweight Gammanpila secured recognition for the breakaway faction, PHU, on Oct 14, 2020, two months after the last general election. The Election Commission altogether recognised six political parties, including the PHU. They were registered in terms of the powers vested in the Commission, under Section 7(4) and (5) of the Parliamentary Elections Act, No. 01 of 1981.

The JHU contested its first general election, in April 2004, during Chandrika Bandaranaike Kumaratunga’s tenure as the President. The JHU secured nine seats. After switching sides, on multiple occasions, it is now a constituent of the Samagi Jana Balavegaya (SJB), the main Opposition party in the Parliament. The former JHU representative in the cabinet, Patali Champika Ranawaka, now spearheads ‘hathalisthunwani senankaya’ (43rd Division) – a political movement meant to challenge the incumbent government.

Ranawaka, who had served the cabinets of Presidents Mahinda Rajapaksa and Maithripala Sirisena, quit the JHU, in early Dec 2020, four months after the last general election.

In the run-up to the general election, in August 2020, Patali Champika Ranawaka’s one-time JHU colleague, PHU leader, Gammanpila, called for a system to grade ministers. Minister Gammanpila asserted that a grading system was required to ensure the proper functioning of the Cabinet of ministers.

Let me reproduce what lawyer Gammanpila said, in Sinhala, on July 14, 2020:

“The people believe a Cabinet of ministers, capable of serving under the leadership of hard-working President Gotabaya Rajapaksa, will be installed. Ministers must work. People should also know about that. Those unable to work should lose their ministerial portfolios. Therefore, I propose to introduce a grading system for ministers and release of the results every three months. If a minister became the last, in the grading system, for five consecutive times, it means the politician concerned failed to rectify the mistakes. In such a scenario, the minister should either resign or be removed by the President.”

Lawmaker Gammanpila further proposed: “The grading system should be based on handling of capital expenditure, recurrent expenditure, swift handling of problems, faced by the people, cooperation with public servants, timely response to audit queries, filling vacancies, conducting the public day, attending parliamentary sessions, participating in debates relevant to portfolios handled by the respective ministers and responding to media queries. People should propose new recommendations for the proposed grading system.”

At the time lawmaker Gammanpila made the above declaration, he hadn’t been a member of President Gotabaya Rajapaksa’s first Cabinet of ministers, appointed immediately after the 2019 presidential election. On Nov 21, 2019, MP Gammanpila asked President Gotabaya Rajapaksa not to consider him for a Cabinet portfolio as he realized the serious difficulties experienced by the new administration.

Gammanpila, in a brief letter, dated Nov 21, addressed to President Gotabaya Rajapaksa, copied to Prime Minister Mahinda Rajapaksa declared that 38 former ministers sought Cabinet portfolios in the caretaker government. In addition to them, there were several district leaders expecting Cabinet portfolios, MP Gammanpila said finalising the list of 15 as agreed wouldn’t be an easy task.

Gammanpila added that President Gotabaya Rajapaksa’s original plan was to name a 10-member caretaker Cabinet. At the end, the new government appointed 16 ministers. Of them, the SLPP received 10 slots.

The remaining six positions were shared among the Sri Lanka Freedom Party (SLFP), receiving two positions, and one each for the National Freedom Front (NFF), the Ceylon Workers Congress (CWC), Mahajana Eksath Peramuna (MEP) and the Eelam People’s Democratic Party (EPDP).

Gammanpila received a Cabinet portfolio in the wake of the last general election. The PHU leader holds the Energy Portfolio and is also the co-cabinet spokesperson.

Since the July 14, 2020 declaration, lawmaker Gammanpila hasn’t referred to the grading system for ministers. His cabinet colleagues hadn’t mentioned the matter Either. Obviously, the divisions it would cause in the government has kept everyone mum.

 Perhaps, there should be a wider grading system, not only for ministers, but for political party leaders, and even those wielding power in other tiers of government, like the Provincial Councils, and local authorities. There shouldn’t be any dispute over PHU leader’s proposal that the grading system he proposed for ministers covered the concerned lawmakers conduct, both in and outside Parliament. However, the need for accountability, on the part of all lawmakers, even for their conduct before they entered Parliament, is of pivotal importance.

 

Prof. Herath responds to Ambanwela

Let me give you an example of how closely a section of the public followed issues at hand. Recently, the writer received a paper cutting of a story headlined, ‘SLC funds amounting to Rs 29 mn in US bank: SLC caught lying before COPE, ‘authored by him. The story published on April 9, 2021 dealt with how COPE (Committee on Public Enterprises) Chairman Prof. Chritha Herath pursued inquiries into corruption in the SLC. Along with that paper cutting, the writer also received paper cutting of an interview done by Tharindu Uduwegedera with former Additional Auditor General Lalith Ambanwela for the April 11 edition of ‘Anidda’. The sender, who didn’t identify himself/herself, questioned the integrity of incumbent COPE Chairman on the basis of his conduct as the Secretary to the Media Ministry.

Ambanwela, who was attacked with acid, in May 2002, over an audit investigation in respect of corruption, involving a Central Province Education Director, levelled quite a serious allegation at Prof. Herath. Ambanwela questioned the rationale in making Prof. Herath Chairman of the Parliamentary Watchdog Committee, in spite of him turning a blind eye to specific corrupt activities brought to his notice by the Auditor General’s Department, over a period of time. Ambanwela accused Prof. Herath of not taking action as regards serious cases of corruption at the State Printing Corporation. He much respected retired public servant alleged that Prof. Herath did nothing when the then Chairman of the State Printing Corporation transferred over Rs 40 mn to an account of a relative.

The Island raised the issue at hand with Prof. Herath, who strongly denied Ambanwela’s accusation. Prof. Herath said: “I didn’t keep quiet about revelations made by the Auditor General’s Department. Within a week after COPE brought the matter to my notice, the Chairman concerned was removed. The then COPE Chairman Dew Gunasekera was informed of the action taken. Further information can be obtained from former COPE Chairman Gunasekera.”

 Prof. Herath said that he deeply regretted the unsubstantiated accusations made by Ambanwela. Prof. Herath, in a twitter message, issued in Sinhala, denied Ambanwela’s claims. Prof. Herath’s swift response to the retired public servant’s accusations should be appreciated. A person with questionable past cannot, under any circumstances, chair COPE or COPA (Committee on Public Accounts) or PFC (Public Finance Committee).

Regardless of Prof. Herath’s denial of Ambanwela’s accusation, let me briefly discuss how the latter explained political interference, in relation to the audit process. Ambanwela’s explanation, given in response to Tharindu Uduwegedera’s query, should be examined against the backdrop of lawmaker Gammanpila’s once proposed grading system for ministers. Successive governments had done precious little to tackle waste, corruption and irregularities.

Alleging that some politicians participated in COPE and COPA proceedings with a view to dilute the Watchdog Committee’s reports, Ambanwela claimed that some represented the interests of those promoting various deals. Ambanwela cited the deal on leasing out a building owned by Upali Jayasinghe (former actress Sabitha Perera’s husband) at No 288, Rajagiriya-Kotte, Jayewardenepura Road, as a notorious example to prove politicians/governments colluding with business interests. Ambanwela made a no-nonsense assessment of the deal as the senior AG Department official who handled that particular inquiry.

The Auditor General’s Department report on the building deal, prepared by Ambanwela has been submitted to the COPA before the finalisation of the controversial agreement. Ambanwela, in the course of COPA proceedings, chaired by the then Chairman Lasantha Alagiyawanna warned Agriculture Ministry Secretary B. Wijeratne not to sign the agreement until COPA addressed the issue at hand. Ambanwela had warned of dire consequences if the Agriculture Ministry went ahead with the agreement. Ambanwela quoted the then lawmaker Bimal Ratnayake (JVP National List) as having said that the proposed agreement was a serious case of corruption. However, when Ambanwela urged Alagiyawanna, who represented the SLFP, not to finalize the deal, the lawmaker asserted such a decision couldn’t be taken as the Cabinet of ministers already had approved it.

Ambanwela revealed that in spite of him being an official, he had no qualms in declaring in the audit report pertaining to the Jayasinghe building deal that it was a decision taken by the Cabinet of Ministers without critical analysis. If Lasantha Alagiyawanna, in his capacity as COPA Chairman, made the right intervention, losses could have been avoided. The total value of the deal was over Rs.1.3 bn.

COPE, COPA and PFC reports issued since the last parliamentary election proved, without uncertainty, that successive governments ruined the national economy. The country would have been in a far stronger position to face the Covid-19 challenge if successive governments ensured financial discipline. If one examines all reports issued by the above-mentioned Watchdog Committees, all governments, including the incumbent administration failed pathetically to follow laid down procedures, thereby causing massive losses to the national economy.

 

Evaluating an administration

The last presidential election was conducted in Nov 2019. The parliamentary election followed in August 2020. The electorate overwhelmingly voted for the SLPP, in both instances, with the SLPP securing a staggering 145 seats – just five short of a two-thirds majority. Without doubt, the SLPP’s performance is the best since the introduction of the Proportional Representation (PR) system. The UNP obtained 5/6 of the seats at the 1977 general election under the first-past-the-post system. As lawmaker Gammanpila called for public proposals as regards a grading system for ministers, perhaps it would be pertinent to rank governments/political parties on the basis of points scored by ministers and members of Parliament in terms of a grading system. In other words, a proper grading system should reflect genuine public opinion.

Let me examine the conduct of Transport Minister Gamini Lokuge in the wake of Director General of Health Services (DGHS) Dr. Asela Gunawardena’s May Day declaration of Piliyandala as an isolated police area due to the growing Covid-19 threat there. Within hours, Lokuge got the isolation order removed. Subsequent to his intervention, the isolation order was restricted to just five grama sevaka areas.

One-time UNP Minister Lokuge switched his allegiance to the then President Mahinda Rajapaksa in 2006. Since then, he remained with the UPFA/SLPP and received the Transport portfolio, following the last general election.

Minister Lokuge got away with his high handed actions. Lokuge jeopardized the government counter measures against the spread of Covid-19 purely for parochial reasons and, in spite of widespread condemnation, he continued to defend his right to intervene on behalf of the Piliyandala electorate. The deployment of police in Covid-19 protective gear to carry away those in public places, not wearing face masks and other violations, on the basis they posed a threat to the community, seemed silly when the likes of Minister Lokuge walked freely about even after some of his staff tested positive.

Where would Minister Lokuge be if he was subjected to a proper grading system? In quite a revealing interview with Panuka Rajapaksa, of Hiru TV, on Sunday (9), the Minister reiterated his callous response to the growing Covid threat. Declaring his right to intervene, the Colombo District lawmaker faulted officials responsible for implementing Covid-19 counter measures. The Minister blamed it all on the DGHS. Thanks to a section of the media, particularly Hiru TV, the public are fully aware of how Piliyandala strongman Lokuge, and those under his political command, brought the entire government into disrepute. Unfortunately, the government refrained from taking remedial measures. Perhaps, the SLPP didn’t want to admit how irresponsible its senior members are. The DGHS never explained how his isolation order on Piliyandala/Kesbewa was unceremoniously removed by Minister Lokuge through his clout. The Minister’s actions, and the failure on the part of the government to take tangible measures to protect residents of Piliyandala/Kesbewa, proved beyond doubt the government still played politics with the issue at hand.

Having cancelled May Day rallies, citing the Covid-19 threat, the government succumbed to Minister Lukuge’s, what can be termed as, reckless politics. There is no harm in calling the same politics of Idiocy. However, Lokuge’s reckless behaviour should be studied, also taking into consideration the highly contentious decision to allow Indians into the country, both on holiday and for quarantine purposes, until the Covid-19 situation here took an extremely dangerous turn. The government announced plans to block Indians crossing the maritime boundary while allowing visitors through the Bandaranaike International Airport. What did the government expect to achieve by much publicised religious ceremonies in support of Covid-19 fight, especially in the wake of the likes of Minister Lokuge jeopardizing the overall effort?

 Speaker Mahinda Yapa Abeywardena, Health Minister Pavitradevi Wanniarachchi and other big shots, who set an extremely bad example by consuming ‘Dhammika Peniya’, depicted as a tonic prepared with the intervention of the Gods, issued instructions to members of Parliament as regards the Covid-19 counter measures. Close on the heels of the Speaker’s instructions for members to adhere with health guidelines, both in and outside Parliament, the government acknowledged the tonic touted as a miracle cure, is not so. The Health Minister and all her parliamentary colleagues who shared Kali amma’s tonic in Parliament should be ashamed of themselves. Their actions provided tacit approval for the ‘Dhammika Peniya.’

Perhaps the Energy Minister and co-cabinet spokesperson should grade those who accepted the miracle tonic of fraudster Dhammika Bandara of Hettimulla, Kegalle.

Throwing pots, containing what faith healer Eliyantha White called miracle water, by Minister Wanniarachchi, as well as her colleagues Gammanpila and Prasanna Ranatunga, late last year didn’t have the promised impact. White, who claims to have mystic powers with many VIP clients, including foreigners, got Wanniarachchi to smash a pot, containing his special water, into the Kalu Ganga to contain the spread of the Covid-19 virus, footage on the social media showed.

At the time of White’s intervention, the number of infections was over 11,000 and 22 deaths.

Gamnmanpila and Prasanna Ranatunga  were both filmed throwing pots into the Kelani River at two different locations. White also dropped a pot containing his own miracle water.

Now, the number of infections is at over 125,000 cases and over 800 deaths. The government engaged in some quite ludicrous projects as the situation deteriorated. Those responsible for the overall government effort against the rampaging epidemic never ensured a proper investigation into the second Covid-19 eruption. Did they suppress the investigation even after outgoing Attorney General Dappula de Livera, PC, ordered no holds barred investigation into what he called the ‘Brandix cluster,’?

Livera issued specific instructions on Oct 27, 2000, in the wake of a 39-year-old female worker, at the Minuwangoda Brandix facility, being detected on Oct 4, 2020, as the first detected in a random test as the origin of the second wave of COVID-19 after almost five months since the countrywide curfew was lifted. Later, an attempt was made to fault Ukrainians for the second eruption. In their haste to suppress the investigation, a group of Ukrainian personnel, here on the invitation of the Air Force, to inspect AN 32 transport aircraft, too, was falsely implicated. What happened to the criminal investigation sought by AG de Livera?

The deterioration of the national economy is not an overnight development. Careful examination of Watchdog Committee reports, pertaining to state institutions, revealed how unbridled waste, corruption, irregularities and negligence over the years deteriorated the national economy to such an extent, the country is facing unprecedented challenges. The Covid-19 crisis, in a way, has come in good stead for those responsible to blame it on the raging pandemic.

 Why isn’t the government pursuing a criminal case against those responsible for the swindle, costing over a billion rupees to the state in the leasing of the Jayasinghe building? Is it because of another hidden deal between government and Opposition politicians? Is it because the same political mastermind behind the bond scams was also behind the Jayasinghe building lease deal?