Daunting challenges ahead

  SPECIAL REPORT : Part 397 

Published

  2021/12/8

GR two years in office:

By Shamindra Ferdinando

‘Signature of The Executive’

(first volume Nov-Dec 2021) and ‘Two Years of Prosperity Amidst Challenges: State Governance Committed to the Country and the People’ dealt with President Gotabaya Rajapaksa’s two years in office. Edited by veteran journalist, Sugeeswara Senadhira, who had held previous government appointments, the two publications discussed the new government’s strategy under President Gotabaya Rajapaksa’s leadership against the backdrop of the Treasury bond scams perpetrated in Feb 2015 and March 2016, betrayal of the war-winning armed forces at the Geneva-based United Nations Human Rights Council in Oct 2015, soaring cost of living and the ruination of the agriculture-based economy.

Gotabaya Rajapaksa handsomely won the Nov 2019 presidential election. The wartime Defence Secretary polled a staggering 6.9 mn votes, whereas his nearest rival, Sajith Premadasa, who contested on the New Democratic Front (NDF) ticket, secured 5.6 mn votes. Interestingly, the UNP fielded the then General Sarath Fonseka (2010 presidential) and Maithripala Sirisena (2015 presidential) on the NDF ticket though that party never had any representation at local government, Provincial Councils or parliamentary level.

President’s Director General (Media) Sudewa Hettiarachchi, formerly of Hiru and Swarnavahini, presented copies of the anniversary publications to President Gotabaya Rajapaksa at the Anuradhapura Janadhipathi Mandiraya recently. Among those present was Presidential Spokesperson Kingsly Ratnayaka, who had served Sirasa for nearly three decades. ‘Signature of The Executive’ also explained the long-felt need for the Presidential Media Division (PMD), inaugurated on July 29, 2021. Sudewa Hettiarachchi, who had been the Chief Executive Officer (CEO) of Swarnavahini, succeeded Mohan Samaranayake in early May this year.

The two publications essentially discussed the Sri Lanka Podujana Peramuna (SLPP) government’s accomplishments. It would be pertinent to mention that Gotabaya Rajapaksa never obtained the membership of the SLPP though the latter fielded him at the presidential poll and to date the status quo remains.

Let me examine President Gotabaya Rajapaksa’s two years in office – a period of unprecedented political turmoil, uncertainty and further deterioration of Parliament. In fact, the UNP, with the support of the then President Maithripala Sirisena, paved the way for Gotabaya Rajapaksa’s candidature at the 2019 presidential by blocking Mahinda Rajapaksa’s path to another term. The yahapalana government brought in the 19th Amendment in 2015 to deprive Mahinda Rajapaksa the opportunity to contest the presidency again. The 19th Amendment also prevented dual and foreign citizens from contesting presidential and parliamentary polls under any circumstances. Gotabaya Rajapaksa, whose entry into active politics had been facilitated by civil society organisations, ‘Viyathmaga’ and ‘Eliya’, gave up his US citizenship to enter the fray.

Swiss ‘drama’

 Having won the presidency with an overwhelming majority at the last election, President Gotabaya Rajapaksa faced a major attack within a week. Interested parties staged an abduction of Swiss Embassy employee Garnier Banister Francis (former Siriyalatha Perera) in the wake of police Inspector Nishantha Silva of the Criminal Investigation Department (CID) securing political asylum in Switzerland. The well planned maneuver was aimed at giving a turbo boost to accusations emanating from the time Gotabaya Rajapaksa served as the Secretary, Ministry of Defence and brought the war to a successful conclusion, which the Western countries, led by the US and the UK, could not stomach as that went against their oft repeated narrative that the Tigers could not be defeated in the battlefield by the Sri Lankan security forces.

Against whatever violations the LTTE committed, even under an advantageous ceasefire, drafted by the Norwegians and blindly signed away by UNP Leader and PM Ranil Wickremesighe in 2001, the West kept on insisting that the only solution to the conflict lay in a negotiated settlement. What the West was aiming for was a peace of the graveyard here, when they would be the ultimate victors.

The Swiss Embassy, the United National Party (UNP) that had been routed at the 2019 presidential election and some sections of local and foreign media played significant roles in the operation meant to discredit President Gotabaya Rajapaksa. They almost succeeded. An alert President Gotabaya Rajapaksa thwarted the Swiss plot by refusing the conspirators’ move to evacuate the Embassy employee and her family in an air ambulance that had been flown in advance and kept on standby at BIA. Had the wartime Defence Secretary succumbed to pressure, the conspirators would have achieved their despicable objective in delivering a heavy blow to the newly elected President within a week after his inauguration. For the Swiss, well known for handling blood money, this staged drama would have been child’s play.

The Swiss Embassy abduction drama is now before the Colombo High Court. This particular case should have been dealt with expeditiously. Francis claimed that on November 25, 2019, five persons, who arrived in a white vehicle, abducted her in the Cinnamon Garden area, in Colombo, threatened her with a firearm, detained her for several hours and questioned her about the CID Inspector Nishantha Silva, who fled the country. She has been indicted under the Penal Code for allegedly making a false claim that she was abducted and sexually harassed.

The Foreign Ministry owed an explanation how it addressed the Swiss Embassy drama as well as a CID officer receiving political asylum in Switzerland. The Foreign Ministry appeared to have conveniently forgotten the case though at the onset the then Foreign Minister Dinesh Gunawardena handled the case enthusiastically. The Swiss Embassy drama dominated the local media for a couple of weeks while the influential conspirators got even the New York Times to report an entirely one sided Swiss Embassy affair, even before the then Swiss Ambassador Hans Peter Mock brought the alleged incident to Premier Mahinda Rajapaksa’s notice. Prof. Peiris, who succeeded Dinesh Gunawardena in August this year, should review the CID officer’s case.

By turning down the Swiss request to evacuate its employee, President Gotabaya Rajapaksa reversed the trap. Had the evacuation taken place, as planned, the accusations pertaining to the alleged sexual harassment couldn’t have been challenged. President Gotabaya Rajapaksa survived the Swiss conspiracy. This particular case and the way we are being singled out for targeting at UNHRC shows that countries like the USA, the UK and Switzerland can literally get away with murder because of their clout.

Chandrasena affair

In early Feb. 2020, the media reported the alleged involvement of one-time SriLankan Airlines CEO Kapila Chandrasena and his wife Priyanka Niyomali Wijenayake in money laundering. The Attorney General directed the CID to obtain a warrant to arrest them. The Chandrasenas have been quite influential during the previous Rajapaksa administration. They had been so influential, that Kapila Chandrasena, in spite of serious corruption charges, received the appointment as Chairman of the national carrier in the immediate aftermath of a constitutional coup staged by the then President Maithripala Sirisena. The 52-day government reversed the decision amidst media furore over the controversial appointment. President Gotabaya Rajapaksa ordered the CID to conduct investigation into corruption charges pertaining to the Chandrasekeras role in the re-fleeting plans. Police headquarters owes an explanation to the country as regards the status of the high profile inquiry.

The failure on the part of the police to bring the investigation to a successful conclusion should be examined taking into consideration the Attorney General and the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) withdrawing about 50 high profile cases on technical grounds. Two years after the presidential directive for an investigation into the Chandrasena affair, the government is in a fresh dilemma over the Pandora Papers disclosure pertaining to former lawmaker Nirupama Rajapaksa and her husband Thirikumar Nadesean named by the International Consortium of Investigative Journalists (ICIJ). The failure on the part of the CIABOC to record Nirupama Rajapaksa’s statement several weeks after a presidential directive to the outfit, headed by retired Supreme Court Justice Eva Wanasundara, underscores the callous and snail’s pace at which such sensitive investigations are handled.

Similarly, the country is in the dark as to what the authorities are doing about Pandora revelations pertaining to one time government ministry super secretary R. Paskaralingam, who had been working very closely and powerfully with former President Ranasinghe Premadasa and former Prime Minister Ranil Wickremesinghe.

Nor do we know what the authorities had done about previous revelations made by, for example Panama papers, whose revelations were no less shocking, especially into those who had held Swiss bank accounts.

The Covid-19 pandemic erupted here in March 2020, ahead of the scheduled parliamentary polls in April 2020, although the first confirmed case was reported in early January 2020. President Gotabaya Rajapaksa gave resolute leadership to Sri Lanka’s battle against the rapid spreading infection. The President’s controversial decision to mobilise the armed forces and place the Covid Task Force under Army Chief General Shavendra Silva’s command paid dividends.

Sri Lanka’s efforts to curb Covid-19 suffered a debilitating setback due to rapid deterioration of the epidemic in India that resulted in the sudden stoppage of the supply of the Covi-shield vaccine and the delay on the part of Sri Lanka in using 600,000 doses of Sinopham donated by China. India never resumed Covi-shield supplies thereby compelling Sri Lanka to largely depend on the Chinese vaccine, which actually saved us from a far greater calamity as was seen in India.

It would be pertinent to mention that before the Covid-19 eruption, Sri Lanka suffered a staggering setback when the US categorised Gen. Silva, who is also the Chief of Defence Staff (CDS), a war criminal in Feb 2020, on the basis of unsubstantiated war crimes accusations. Sri Lanka’s efforts to clear General Silva’s name are questionable. Unfortunately, the Sri Lanka Podujana Peramuna (SLPP) government hasn’t paid sufficient attention to the blacklisting of the former General Officer Commanding (GOC) of the celebrated Task Force 1/58 Division thereby ignored the overall Geneva threat. Sri Lanka’s failure to secure a place at the International Law Commission (ILC) should be examined against the backdrop of the country’s human rights record being constantly under pressure, especially by those with much innocent blood in their own hands, like the US and the UK.

Sarath vs Sarath

Quite surprisingly, the government continued to contribute to the Western campaign against the country by allowing killings of persons under police as well as judicial custody. Deaths in government custody cannot be justified under any circumstances. Recently, SJB lawmaker Field Marshal Sarath Fonseka and Public Security Minister Rear Admiral Sarath Weerasekera traded accusations over deaths in police custody. JVP leader Anura Kumara Dissanayaka, too, ridiculed the police and the minister in charge over continuing killing of notorious suspects in police custody.

The simmering controversy over Minister Weerasekera’s coordinating officer and a Secretary to Fisheries Minister Douglas Devananda making an attempt to recover buried LTTE gold couldn’t have happened at a worse time. The two ministerial aides have sought the assistance of the Officer-in-Charge of Puthukudirippu police to recover the gold. Such incidents prove the deterioration of the overall system and the continuing failure of the political party system to prevent unscrupulous elements taking advantage of the government. One should not be too surprised by the level of corruption in a country that experienced the then Governor of the Central Bank, Singaporean Arjuna Mahendran perpetrating Treasury bond scams at the behest of the then UNP political leadership. President Maithripala Sirisena cannot absolve responsibility for the cover-up of the first Treasury bond scam as he dissolved Parliament to prevent the Committee on Public Enterprises (COPE) presenting its report on that scam to Parliament. Emboldened by that action of the than President to save them, contributed to an environment under which the same administration perpetrated a far bigger second Treasury bond scam in March 2016. The incumbent government, in spite of much touted assurances in the run-up to the presidential and parliamentary polls in 2019 and 2020, respectively, hasn’t been able to convince Singapore to extradite Mahendran. Maithripala Sirisena, who represents the SLPP now, recently accused the government of sitting on Mahendran’s extradition matter.

Turmoil within …

The SLPP’s near two-thirds majority in Parliament as well as its power to secure the backing of a selected group of Opposition, has failed to ensure the much required political stability. The government is in severe turmoil with a rapidly widening rift with Maithripala Sirisena’s SLFP threatening to undermine the administration. With 14 members (12 elected on the SLPP ticket, one appointed through the SLPP National List and one elected on the SLFP ticket), Sirisena’s party is the second biggest constituent among the ruling party parliamentary group. The SLFP has thrown its weight behind the National Freedom Front (NFF) and other smaller parties battling the government against the country entering into a controversial deal with the US-based New Fortress Energy. Three cabinet ministers, Vasudeva Nanayakkara, Wimal Weerawansa and Udaya Gammanpila have publicly opposed the power agreement. They have vowed to oppose the project whatever the consequences though the government remains adamant that it would go ahead with the controversial deal with the US firm. The PMD’s coverage of the issue at hand reveals President Gotabaya Rajapaksa’s firm backing for the US project.

Minister Weerawansa once earned the wrath of the SLPP by urging the ruling party to accommodate President Gotabaya Rajapaksa in a policy-making role in the party. Weerawansa, quite rightly asserted that the President should hold a suitable position within the top SLPP leadership as it would be pivotal for their overall strategy. Weerawansa didn’t receive any help.

As repeatedly declared, the enactment of the 20th Amendment to the Constitution in Oct 2020 and the passage of the Colombo Port Commission Bill in May this year didn’t have the desired impact. The country, in spite of being repeatedly told the 20th Amendment would ensure the much needed political stability, remains in deepening political turmoil. The SLPP’s primary promise to introduce a new Constitution, too, can be jeopardized in case the SLFP and the smaller constituents further distanced from the SLPP. They represent about 25 lawmakers elected and appointed on the SLPP ticket and its National List, respectively. In addition to them, Dr. Wijeyadasa Rajapakse, PC, elected from the Colombo District list of the SLPP, has distanced himself from the party following disputes with the government and President Gotabaya Rajapaksa himself.

The incumbent government hadn’t been able to reverse the Geneva process. The previous lot betrayed the armed forces by co-sponsoring an accountability resolution in early Oct 2015. In spite of much publicised withdrawal from the Geneva process soon after the last presidential election, Sri Lanka remained under Geneva scrutiny. Another high profile and costly investigation targeting the country spearheaded by Human Rights Commissioner Michele Bachelet is underway now. The government seems sort of blind to ground realities as it refrained from presenting all available information, particularly the disclosure made by Lord Naseby before the Geneva body. The government remains mum as the UK continues to suppress credible information that may help Sri Lanka to challenge the very basis of the 2015 Geneva resolution.

Unfortunately, the government hasn’t been bothered with the UK strategy. Instead of countering lies, the government has entered into a dialogue with some sections of the civil society, who are part of the Western plot, in an effort to ease Western pressure. This strategy remains questionable. Over two years after the last presidential election, the Geneva issue continues to baffle the government particularly due to its failure to recognise the real challenge.

Some of those who exploited the yahapalana betrayal of the armed forces to their advantage at the last national elections, seemed to be either uninterested or wholly silent on the Geneva issue.

Toughest problem

Perhaps the extraordinary crisis caused by President Gotabaya Rajapaksa’s well-intentioned bid to do away with the use of agro-chemicals is yet to be addressed. The often repeated assurance that the government would ensure sufficient supply of carbonic fertiliser couldn’t be met. The bid to import Carbonic fertiliser from China ended in a disaster with China blacklisting the People’s Bank over withholding payment as a result of the Attorney General moving the Colombo Commercial High Court against the Chinese exporter Qingdao Seawin Biotech, its local agent Chelina Capital Corporation Pvt. Ltd and the People’s Bank. Against the backdrop of the Chinese product being declared contaminated, the government sought India’s assistance to procure the required fertiliser. India and Sri Lanka quickly reached agreement on liquid nano-urea. Unfortunately as in the case of the import of the Chinese product, the Opposition questioned both in and outside Parliament the alleged involvement of the Secretary to the President, Dr. P.B. Jayasundera and Secretary to the Prime Minister Gamini Sedara Senaratne in the Indian and Chinese imports, respectively. Both PBJ and Senaratne have denied any wrongdoing on their part. PBJ has complained to the CID whereas Senaratne denied any role though a Director of the Chelina Capital Corporation happened to be a relative.

The government needs to address the farmers’ issue without further delay.

Gas explosions

Amidst nearly 50 cases of accidental explosions of domestic gas cylinders and the government doing away with price controls altogether, much to the dismay of the hapless people, 2022 is certainly going to be a challenging year.

With the government reiterating its commitment to organic farming thereby giving an opportunity to the private sector to import agro chemicals, the issues at hand remain cloudly.

Often repeated accusations that the change of formula of propane and butane resulted in the explosions cannot be discarded and the government cannot absolve itself of the responsibility for the pathetic situation created by waste, corruption and irregularities in every sector. The government-owned Litro Gas blocking government audit for two years is a case in point. The utilisation of the services of a costly President’s Counsel to block the government audit of the SLIC-owned enterprise highlights the crisis faced by the country as the Parliament failed to fulfill its main functions, namely financial discipline and enactment of new laws. Sri Lanka’s failure to change its path overnight and take tangible measures to restore financial discipline, as it struggled to address the severe balance of payments crisis, can be quite disastrous.

US promotes Mahesh, keeps Shavendra on blacklist

  SPECIAL REPORT : Part 396

Published

  2021/12/1

Kanag-Isvaran, PC, in GTF-TNA delegation for US talks

By Shamindra Ferdinando

Three years after his retirement, former Commander of the Army General Mahesh Senanayake has been inducted into the United States Army Command and General Staff College (CGSC) International Hall of Fame at Fort Leavenworth, on Nov 16, 2021.

An ex-graduate of CGSC, Senanayake has been recognised for his ‘outstanding military leadership for the nation and commitment to preserving global peace.’ Senanayake received CGSC recognition as a joint Tamil National Alliance (TNA)-Global Tamil Forum (GTF) delegation commenced weeklong discussions with US officials in Washington and New York. The TNA delegation included Kanaganayagam Kanag-Isvaran, PC and Jaffna District lawmaker Mathiaparanan Abraham Sumanthiran PC.

Sumanthiran entered Parliament on the TNA National List following the 2010 general election and is widely believed to be the international face of the party whereas the inclusion of top lawyer Kanag-Isvaran, in the TNA delegation raised many an eyebrow. However, the GTF pointed out that Kanag-Isvaran, had represented the TNA at the All Party Representative Committee (APRC). In addition, Kanag-Isvaran represented in the TNA delegation, that held 18 rounds of talks with the then Mahinda Rajapaksa government in 2011.

Mrs. (Dr.) Anne Nirmala Vijayalakshmi Chandrahasan, who had been in the delegation, had served the ‘Experts Committee’ set up to advise the APRC on constitutional and legal matters connected with the peace process and resolution of the national question. She was among the 11 members who submitted the Majority Report of the Committee in December 2006. She has been a consultant (2015 – 2016) at the Office of National Unity and Reconciliation (ONUR) in Sri Lanka, during the term of office of the previous Government of Sri Lanka.

Obviously, the TNA-GTF combination is making an effort to build up a strong case for international intervention here. Kanag-Isvaran has appeared in high profile cases such as the Colombo Port City Economic Commission Bill (2021), impeachment of Chief Justice Shirani Bandaranayake (2013) and de-merger of the Eastern Province from the North (2006).

Deputy Assistant Secretary, Ambassador Kelly Keiderling , Bureau of South and Central Asian Affairs, who was in Colombo recently (Nov 13-15) was among those involved in talks with the TNA-GTF delegation.

At the conclusion of talks, the GTF, in a statement issued from the UK, expressed its deep appreciation for the US leadership at the United Nations Human Rights Council (UNHRC) in promoting accountability, reconciliation, and human rights in Sri Lanka. While calling for continued leadership of the United States Government at the UNHRC and in light of Sri Lanka’s failure to make satisfactory progress on implementing UNHRC Resolution 46/1, the TNA-GTF combination urged the US to consider a multifaceted approach in addressing the many challenges in Sri Lanka. The TNA-GTF joint delegation called for a deeper US role in promoting human rights, accountability, political resolution, and reconciliation in Sri Lanka. The US remains one of the worst human rights violators, both at home and abroad, with the 2003 invasion of Iraq on the basis of bogus claims that the then Iraqi government was developing Weapons of Mass Destruction (WMDs).

The TNA and the GTF reached consensus on a common approach in respect of Sri Lanka after the armed forces’ triumph over separatist terrorism in May 2009. In fact, the eradication of the LTTE has made their task easier. Had the Western powers managed to halt the Sri Lankan offensive, in early 2009, the LTTE wouldn’t have allowed the emergence of the GTF (the formal setting up of the organization took place in Feb 2010 at the British House of Commons) or freed the TNA from its grip (the TNA, having recognised the LTTE, in 2001, as the sole representative of the Tamil speaking people, relinquished its political rights).

Perhaps the TNA backing General Sarath Fonseka’s candidature at the 2010 presidential election should be examined against the backdrop of the eradication of the LTTE through military means. In fact, the US, arranged the formation of a grand coalition that comprised the UNP, the JVP, the TNA, the SLMC and the ACMC in support of Fonseka. The US cannot deny its role in forming the political alliance thanks to Wikileaks specific information as regards the 2010 political project, is now in the public domain.

The Tamil Guardian

, in a report dated Nov 18 dealt with CGSC recognition of Senanayake. The report headlined “Accused Sri Lankan war criminal inducted into US military ‘International Hall of Fame” quoted Commandant of the CGSC Lt. General Theodore Martin as having said Senanayake has “actively contributed to all major military operations conducted in the North and East of Sri Lanka”.

“His contributions towards resettlement of internally displaced persons and service towards the reconciliation process following a 27 years long civil war in his country are truly noteworthy,” declared Lt. Gen. Martin, adding that Senanayake was a “trusted and important partner in the bilateral military co-operation between our two countries which has contributed directly to a safer and more prosperous Indo-Pacific region”.

Did the Tamil Guardian oppose the TNA backing Fonseka? What is the GTF’s stand on the TNA backing for Fonseka, the war winning Army Commander?

The prestigious college has inducted altogether 285 international graduates from 75 different nations. Senanayake is the 286th, having studied at the college in 2000. The CGSC recognition of Senanayake should be examined taking into consideration the US categorisation of Commander of the Army Gen. Shavendra Silva as a war criminal.

The US found fault with General Silva for leading Task Force 1 (TF1) subsequently named 58 Division, the celebrated fighting formation that fought in both the west and the east of the Kandy-Jaffna A9 road.

Let us only pray that Gen. Senanayake will not become a brown Uncle Tom to serve the vile interests of US/Britain-led West against Sri Lanka in time to come.

Interestingly, close on the heels of the US recognition of retired Gen. Senanayake, some British MPs have launched a fresh campaign against Gen. Silva. Conservative Party lawmakers Theresa Anne Villiers and Elliot Colburn recently urged the UK to impose travel restrictions on Gen. Silva. They want Boris Johnson’s government to follow the US strategy in dealing with the Sri Lankan General.

US Secretary of State, Mike Pompeo, declared on Feb 14, 2020: “I am designating Shavendra Silva making him ineligible for entry into the U.S. due to his involvement in extrajudicial killings during Sri Lanka’s Civil War. The U.S. will not waver in its pursuit of accountability for those who commit war crimes and violate human rights.”

Senanayake’s return

Senanayake served as the Commander of the Army from July 2017 to August 2019. He was succeeded by Silva in the run-up to the 2019 presidential election. Having received the command, Senanayake declared, in Kilinochchi those who retired from military service shouldn’t enter politics. Having said so, Senanayake contested the 2019 presidential election. The former Army Chief ended a distant fourth with less than 50,000 votes whereas Gotabaya Rajapaksa, who retired in the rank of Lieutenant Colonel back in 1991, polled 6.9 mn votes. Senanayake was the second Army Commander to contest a presidential election. War winning Army Chief General Sarath Fonseka was the first. Mahinda Rajapaksa routed Fonseka at the 2010 presidential election with the latter losing by a margin of 1.8mn votes.

Senanayake was among those who had been sent on compulsory leave in 2010 after Fonseka suffered defeat. The then government quite wrongly accused them of backing Fonseka, then accused of trying to stage a military coup against President Mahinda Rajapaksa.

Within weeks after thwarting Mahinda Rajapaksa’s bid to secure a third term, Sirisena reinstated Maj. Gen. Mahesh Senanayake, Brig. Bimal Dias, Brig. Duminda Keppetiwalana, Brig. Janaka Mohotti, Brig. Athula Hannedige, Brig. Wasantha Kumarapperuma, Colonel Tilak Ubayawardena, Lt. Colonel LJMCP Jayasundara, Captain RMR Ranaweera and Captain WADC Chrishantha. At the time of their reinstatement, Daya Ratnayake had been the Commander of the Army.

Having contested the presidential election on the National People’s Party ticket, Senanayake unceremoniously left the country contrary to his much repeated promise to contest the parliamentary elections. Senanayake declared that his defeat at the presidential poll was not the end of his career but the beginning. Obviously the former Army Chief did not mean what he said despite his bravado.

It would be pertinent to mention that the 2019 Easter Sunday carnage paved the way for Senanayake to enter politics at the highest level by contesting the presidential election. Senanayake received substantial media coverage as the media targeted the then government over the lapses that led to multiple suicide attacks by the National Thowheed Jamaat (NTJ). The Easter Sunday carnage gave Senanayake the much needed exposure.

The Media was also blind to the fact that Army Commander Senanayake’s Military Intelligence, one of the biggest spy outfits in the country, managed to claim total ignorance of what took place and got off scot free.

Senanayake, who had never received media coverage during the conflict though CGSC declared Senanayake actively contributed to all major military operations conducted in the North and East of Sri Lanka, shamelessly exploited the Easter Sunday carnage to boost his ego. Senanayake steadfastly maintained that the Directorate of Military Intelligence (DMI) hadn’t been aware of the warning received by the State Intelligence Service (SIS) from India on April 4, 2019.

The five-member Presidential Commission of Inquiry (PCoI) that probed the Easter Sunday carnage also never felt the need to examine the failure on the part of the DMI to thwart the NTJ terror project. In fact, so far, the DMI’s failure hadn’t been investigated at all. The Army should have at least conducted an internal probe to ascertain the DMI’s failure.

Had the DMI inquired into the Easter Sunday fiasco, it would realise a thorough inquiry into the execution-style killing of two policemen at Vavunativu, Batticaloa, on the night of Nov. 30, 2018, could have exposed the NTJ plot. It would be pertinent to ask the DMI whether the outfit initiated a fresh inquiry into Vavunativu killings after the recovery of explosives at Wanathawilluwa in January 2019. In between the Vavunativu killings and Wanathawilluwa, explosives recovery, the destruction of several Buddha statues took place in the Mawanella electorate. In early March 2019, Minister Kabir Hashim’s Coordinating Secretary Mohamed Naslim was shot at his home. The bottom line is that the then government should have been able to thwart the NTJ plot even without India passing specific information regarding the impending attack.

A humiliating failure

Over 12 years after the successful conclusion of the war, the country is still struggling to cope up with accountability issues. Sri Lanka suffered a debilitating setback in the third week of November when Sri Lanka’s Permanent Representative to the United Nations in New York, Mohan Peiris, PC, failed to secure a place at the international Law Commission (ILC) that consists of 34 persons. Although some have depicted Sri Lanka’s failure as a personal setback suffered by Peiris, the writer is of the view the situation underscored the fact that the country continued to be hounded by the West. In spite of bombastic statements here, the incumbent government hasn’t even bothered to bring all available information, evidence and data before the UNHRC as part of an overall effort to clear war crimes accusations directed at the country. The declaration of the Army Commander as a war criminal in Feb 2020 hasn’t prompted the political leadership to take up the daunting challenge on the diplomatic front. In an exclusive interview with the writer in Sept 2019 in Colombo, Lord Naseby, who had made available powerful ammunition to be used against the Geneva Resolution expressed deep displeasure over Sri Lanka’s failure to properly present its case therein. Over two years after the last presidential election, the information that had been announced in the House of Lords in Oct 2017 remained unused. Sri Lanka’s rejection at the ILC should be studied taking into consideration the pathetic situation the country is in due to yahapalana betrayal of the armed forces and the failure on the part of the incumbent lot to take remedial measures.

US, Lanka fail at ILC election

The former AG who served as the CJ in the wake of the moving of the questionable impeachment motion in Parliament against CJ, 43, Bandaranayake, is no stranger to controversy. One cannot easily forget how the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) withdrew a high profile case. The CIABOC earlier moved court against Supreme Court Judge A.H.M.D. Nawaz (he currently heads a presidential commission of inquiry), former Power Ministry Secretary M.M.C. Ferdinando, current CEB Chairman), and Former Chief Justice Mohan Peiris (Sri Lanka’s PR in New York), over committing an offense under the Bribery Act in respect of irregularities in the purchase of a land in December 2010 for the Ceylon Electricity Board (CEB).

Sri Lanka shouldn’t have contested the election for the LLC under any circumstances as defeat was inevitable. The election of the members of the Commission for a five-year term beginning on 1 January 2023 took place at the 76 th session of the General Assembly. Mohan Peiris had sought a place among the eight chosen from the Asia-Pacific region and was defeated badly. Let me reiterate that Sri Lanka should accept that the world has rejected the country, not the individual. Japan, China, South Korea, Thailand, Cyprus, Vietnam, India, Sri Lanka, the Philippines, Lebanon, Mongolia and Bahrain contested for the Asia-Pacific slots. Mohan Peiris obtained 112 votes out of 192. The elected Asia-Pacific group comprised India (163 votes), Thailand (162 votes), Japan (154 votes), Vietnam (145 votes), China (142 votes), South Korea (140), Cyprus (139) and Mongolia (123).

The US, too, failed to secure a place among the ILC. The world’s solitary superpower polled just 114 seats just two more votes than Sri Lanka. Among those unsuccessful contestants for the Western European and other States grouping are Spain, the US and Israel. Those who had sought to humiliate Sri Lanka over its failure to secure a place at the ILC conveniently ignored how the world looked at the US rights record. Norway, Portugal, Italy, the UK, Austria, New Zealand, France and Turkey comprised the Western European and Other States.

Sri Lanka represented the ILC (1992-1996 /John de Saram) and Rohan Perera (2007-2011). Perhaps, the TNA-GTF combination does not care about the US human rights record but merely expects the world power to exert pressure on Sri Lanka. The TNA-GTF combination is obviously exploiting the ongoing ‘battle’ between China and the US-led coalition to its advantage. Unfortunately, the incumbent government seems ensnared in political games having caused irreparable damage by waste, corruption and mismanagement at a time the country is facing a grave balance of payments crisis.

The latest debacle suffered at the ILC should prompt Sri Lanka to review the overall situation without further delay. The government should seek an opportunity to present Lord Naseby’s disclosure, relevant Wikileaks cables, the US embassy statement made in June 2011 in Colombo and all other related information before the UNHRC. Utterly irresponsible Sri Lankan bureaucracy since the sponsorship of an accountability resolution against the country in 2015 conveniently failed at least to mention how the UN shielded the LTTE at the commencement of the Vanni offensive. Sri Lanka’s continuing failure to set the record straight is quite astonishing as no person less than the Commander of the Army General Shavendra Silva remains blacklisted. While Sri Lanka bungles the defence of her own armed forces, the UNHRC that perpetrated a massive blunder by falsely accusing the Army of Mannar mass graves keeps its agenda on track.

We wonder whether our Foreign Ministry lacks officers of calibre to mount a fight back or are its talented officers held back due to internal politics? May be it is time the Foreign Minister takes remedial measures.

Let me finish this piece by reproducing verbatim what Michelle Bachelet told the UNHRC in March 2019.

The following is the relevant section bearing No 23: “On May 29, 2018, human skeletal remains were discovered at a construction site in Mannar (Northern Province), Excavations conducted in support of the Office on Missing Persons, revealed a mass grave from which more than 300 skeletons were discovered. It was the second mass grave found in Mannar following the discovery of a site in 2014. Given that other mass graves might be expected to be found in the future, systematic access to grave sites by the Office as an observer is crucial for it to fully discharge its mandate, particularly with regard to the investigation and identification of remains, it is imperative that the proposed reforms on the law relating to inquests, and relevant protocols to operationalise the law be adopted. The capacity of the forensic sector must also be strengthened, including in areas of forensic anthropology, forensic archeology and genetics, and its coordination with the Office of Missing Persons must be ensured.” The Bachelet report dealt with the situation here from Oct 2015 to January 2019.

But a radiocarbon dating analysis by the Beta Analytic Testing Laboratory in Florida, US, in respect of six skeletal samples sent there in January 2019 with the intervention of the Office of Missing Persons (OMP) established in accordance with Oct 2015 Geneva Resolution, determined them to be from the colonial era.

President’s Counsel Saliya Pieris, who gave leadership to that effort, is the head of the Sri Lanka Bar Association (BASL) now.

The US lab tests revealed that the skeletons belonged to a period that covered the Portuguese and the Dutch rule. Having repeatedly vowed to reverse the Geneva process, the SLPP, two years after the last presidential election, is yet to present Sri Lanka’s case before the international community. The SLPP government’s failure in Geneva at least to refer to the US lab tests contradicting Bachelet is nothing but treachery and negligence at the highest levels.

JRJ’s racism, cold war posturing and the Indian debacle

 SPECIAL REPORT : Part 395

Published

  2021/11/24

New biography:

In addition to his political biography of J R Jayewardene, Godage & Bros published last month another book of travel by Rajiva Wijesinha. Around and About the Mediterranean covers journeys over half a century to Southern Europe, Northern Africa, and the Levant from Jordan up to Turkey. It also includes travel to the Balkans, Yugoslavia in 1972 and then the separate countries of the former Yugoslavia in the last five years.

Bringing together the Classical and the Christian and the Islamic cultures of the region makes for a fascinating read for it shows the intermingling that has made the Mediterranean so productive of ideas as well as artefacts. In addition, the book shares with readers the sheer joy of travel, the wonders seen and the pleasure of strenuous exploring followed by relaxation in scenic surroundings. There are several colour pictures as well as black and white ones to illustrate each section.

By Shamindra Ferdinando

An opportunity to peruse Prof. Rajiva Wijesinha’s critical biography of Sri Lanka’s first executive President (not elected), titled ‘J.R. JAYEWARDENE’S RACISM, COLD WAR POSTURING AND THE INDIAN DEBACLE’, couldn’t have been received at a better time.

The country is in turmoil with a wave of protests, with farmers’ now leading the way over the SLPP government agricultural policy, a simmering dispute with China regarding a ship carrying allegedly contaminated carbonic fertiliser consignment entering Sri Lankan waters, unprecedented balance of payment crisis, and a deepening disagreement with SLPP constituents over a deal with the US company New Fortress Energy, as well as foreign policy issues.

Can Sri Lanka’s current predicament be blamed on the executive presidential system, failure on the part of Parliament and the judiciary – the three pillars on which the country’s political system is based? Academic, administrator and ex-lawmaker who had represented the utterly corrupt SLFP and UNP-led political groupings (2010-2015 in Parliament), Prof. Wijesinha has launched this devastating attack on the late UNP leader JRJ but, overall, the JRJ biography seemed an extremely harsh critique on the political setup he established. But, the irony is the author himself had been part of the two major political groupings after having performed an immensely valuable role as the Secretary General of the Secretariat for Coordinating Peace Process (SCOPP) in addition to being the Secretary to the Disaster Management and Human Rights Ministry.

The writer really appreciate an opportunity to review ‘J.R. JAYEWARDENE’S RACISM, COLD WAR POSTURING AND THE INDIAN DEBACLE’ against the backdrop of The Island celebrating its 40th anniversary at a time the country is experiencing an unprecedented financial crisis. Prof. Wijesinha has basically dealt with the period The Island and its sister paper, Divaina played a critically important role.

Before delving into Prof. Wijesinha’s quite useful analysis, it would be pertinent to mention that as a UPFA National List MP, the academic, in spite of strong opposition from a section of his Liberal Party, voted for the dictatorial 18th Amendment to the Constitution that was passed on Sept. 18, 2010. The 18th Amendment that had been brought in at the expense of the 17th, introduced during Chandrika Bandaranaike Kumaratunga’s tenure as the President, literally placed the executive, the legislature and the judiciary under the President’s thumb. The judiciary cannot absolve itself of the responsibility for protecting and nurturing the Constitution if/when the executive or Parliament violated the Constitution, or both did, simultaneously. The UPFA initiated impeachment proceedings, close on the heels of the Supreme Court having deemed actions taken against then CJ Shirani Bandaranayake constitutional. Bandaranayake was accused of financial impropriety and interfering in legal cases among other allegations- all of which she denied, but her husband was involved in some banking shenanigans and he was convicted.

Wijesinghe, as an MP, however abstained from backing the impeachment motion against then C J Bandaranayake in early January 2013. A year later, Prof. switched his allegiance to a high profile yahapalana political project, spearheaded by the late Ven. Maduluwawe Sobitha Thera and Ven. Atureliye Rathana, MP (now NL MP of Ape Jana Bala Pakshaya) that facilitated the break-up of the powerful UPFA and the emergence of long standing SLFP General Secretary Maithripala Sirisena as the Opposition presidential candidate.

With Sirisena taking over as the President in January 2015, Prof. Wijesinha received appointment as State Minister of Higher Education. However, Prof. Wijesinha resigned on Feb 17, 2015 opposing the then Premier Ranil Wickremesinghe’s move to secure executive powers for himself as the Prime Minister. Prof. Wijesinha declared the move to gazette the 19th Amendment to the Constitution and transfer of executive powers to the Prime Minister was both ill-timed and a wrong decision, thus, he could no longer be a part of the yahapalana government.

Prof. Wijesinha alleged in Parliament the transfer of executive powers to the Prime Minister was extremely dangerous when one considered the way the UNP leader was conducting himself. Prof. Wijesinha certainly didn’t receive public appreciation for shifting of allegiances from various political alliances within a very short period, first to the short-lived Sirisena–Wickemesinghe combination, and then declare support for Sirisena, at the expense of Wickremesinghe, and finally ending up with those who he abandoned in 2014. Sirisena, who led the charge against the Rajapaksas, had ended up among the same group whom he accused earlier of planning to assassinate him.

Jeyaraj’s arrest in the wake of Indo-Lanka Accord

Prof. Wijesinha dealt with how the JRJ government arrested the then The Island journalist David Buell Sabapathy Jeyaraj over the reportage of the Indian Army offensive in the Jaffna peninsula. The former parliamentarian reproduced an apt section of Jeyaraj’s report that discussed the ground situation in the peninsula. Having joined The Island, in June 1987, the writer remembers the subsequent developments that paved the way for Jeyaraj to leave for the US. The versatile writer ended up in Canada. New Delhi continuously interfered with print media cov­erage of the violence in the Northern and Eastern parts where the Indian Peace Keeping Force waged a bloody campaign to tame the Liberation Tigers of Tamil Eelam (LTTE) after it turned its wrath against them.

Once the Criminal Investigation Department (CID) sleuths visited The Island editorial to question Norman Palihawadana over his coverage of atrocities committed by the Indian Army in the Eastern theatre of operations. Jeyaraj left the country in Sept 1988, over a year after India ended its disastrous military mission here. The prolific writer for the first time returned to Sri Lanka in Oct 2013 – four years after the military eradicated the LTTE completely.

The section on the Provincial Council legislation, when examined with how JRJ handled the judiciary, is thought-provoking and is evidence the legislature lacks the strength to counter overwhelming executive (dictatorial) powers, regardless of opposition by some lawmakers. The resignation of the late much respected Gamani Jayasuriya over the passage of Provincial Council legislation is a case in point.

‘J.R. JAYEWARDENE’S RACISM, COLD WAR POSTURING AND THE INDIAN DEBACLE’ published by S. Godage and Brothers should be made available in the library of the Parliament .The author should consider getting the book translated to Sinhala and Tamil, too, for the benefit of lawmakers unable to make use of the JRJ biography. The writer brought the new book to the attention of the Chief Librarian of Parliament and the pivotal importance of making it available to the lawmakers, over the last weekend.

Prof. Wijesinha discussed how JRJ brazenly amended and manipulated the Constitution, suppressed internal dissent and if the dictator had his way he would have deprived Ranasinghe Premadasa of an opportunity to contest the 1989 presidential election. At the onset of his new book, Prof. Wijesinha pointed out how JRJ brought in his first amendment to the Constitution to subvert a judgment of the courts.

Corruption becomes way of life

Prof. Wijesinha boldly discussed the impact the absolutely corrupt political system in place as a result of deterioration of parliamentary norms is having on the country. The latest JRJ autobiography has contradicted those who published hagiographies of the former President. Prof. Wijesinha compared the late JRJ with Ranil Wickemesinghe whom he described as JRJ’s spiritual heir. Having referred to their strategies in dealing with Tamil speaking people, Prof. Wijesinha repeated his long standing claim of Wickremesinghe bribing SLMC leader Rauff Hakeem in 2014 to win over his support ahead of the 2015 presidential election. Wijesinha first made the accusation in a widely watched Sirasa ‘Pathikada’ programme anchored by the late Bandula Jayasekera, one-time presidential spokesman and the writer’s colleague at The Island editorial. Prof. Wijesinha says Muslim politicians continue to cross up and down, depending on what they are offered.

Prof. Wijesinha publicly alleged years before the launch of JRJ biography how the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) sat on his complaint on the bribery accusation. The academic declared that the UNP received money to engineer a crossover of over a dozen People’s Alliance lawmakers in 2000 from businessman Nahil Wijesuriya.

Referring to the Rubber-Rice pact with China finalised in 1952 and the despicable role played by JRJ, Prof. Wiejsinha briefly examined the 99-year-old lease on the strategic Hambantota port in 2017. Prof. Wijesinha blamed the then President Sirisena, Premier Wickremesinghe and International Trade Minister Malik Samarawickrema for the Hambantota sell-out to varying degrees. The author quite rightly faulted an influential section of the media for continuously attacking the Rajapaksas for selling family silver to the Chinese whereas the UNP-led administration pushed through the deal.

The incumbent government has had no option but to accept the controversial Hambantota deal. Interestingly, the government is now under fire for giving into the US strategy to take over Sri Lanka’s energy security. The author of the JRJ biography may not agree with the writer, but the undeniable truth is all governments since the advent of UNP at the 1977 parliamentary election contributed to the deterioration of democracy and sovereignty. The 20th Amendment enacted in Oct 2020 with a 2/3 majority is a case in point. With the advent of the 20th Amendment, the much discussed abolition of the executive presidency or curbing of its powers will not be subject to discussion though some may make some statements opposed to the executive presidential system.

Perhaps Prof. Wijesinha should have discussed how Wickremesinghe received the premiership in January 2015 in the aftermath of Sirisena’s victory. JRJ’s political strategy has been exploited by interested parties to deceive the public that victory at the presidential election provided a mandate for them to take over the government. Sirisena and Wickremesinghe did exactly that. If not for the manipulation of the system, Wickremesinghe wouldn’t have received the premiership in January 2015. Prof. Wijesinha wouldn’t have to resign in Feb 2015 and Treasury bond scams would not have been perpetrated.

JRJ biography in three parts

The civil society, the diplomatic community, the media and the general public can benefit from Prof. Wijesinha’s incisive thinking. In part I, the author discussed (a) overview of JRJ’s political perspectives (b) Tamil parties (c) much amended Constitution (d) election and having ministers at his whim and fancy (e) 1982 Referendum. Basically, part 1 dealt with the building up of the colossal power base. Part 11 discussed (a) alienation of Tamils (b) riots after killing of 13 soldiers in Jaffna (c) slide towards concessions (d) Indian interventions and (e) Indian military deployment. This section was aptly titled ‘A slow but relentless decline.’

The final part titled ‘And the Fall’ dealt with (a) Indo-Lanka Accord (b) India’s war against the LTTE (c) elections and increasing violence and (d) a new President.

The writer found Chapter 5 that examined the 1982 Referendum meant to prolong the life of Parliament regardless of consequences. JRJ introduced the 4th Amendment which Prof. Wiejsinha described as the worst of the then UNP leader’s constitutional amendments that paved the way for his party to rule the country from 1977 to 1989. The JRJ strategy ruined the country. The second JVP inspired insurgency, India inspired Tamil terrorism and trade union disputes wrecked the country during this period. Prof. Wijesinha lucidly explained how the then Attorney General Siva Pasupathy, who subsequently threw his weight behind the LTTE and Chief Justice Neville Samarakoon reacted to the controversial move.

Prof. Wijesinha called Pasupathy an obsequious man who had no qualms in his ‘pernicious bidding’ and Samarakoon as JRJ’s handpicked man was truly forthright. Prof. Wijesinha coverage of the judiciary’s response to a despicable move to extend the life of Parliament provides an opportunity for those interested in contemporary history to understand how the executive, the legislature and the judiciary collectively caused irreparable damage to the democratic system.

The assassination of actor-turned politician Vijaya Kumaratunga in Feb 1988 should be examined taking into consideration Prof. Wijesinha’s comment on the UNP strategy meant to politically destroy the much loved man. Having had categorised Kumaratunga as a Naxalite, the UNP imprisoned him during the dubious 1982 Referendum campaign. Let me reproduce verbatim what Prof. Wijesinha stated on alleged Naxalite plot: “Gamini Dissanayake, who was then firmly under JR’s thumb, also got in on the act and claimed that ‘the leader of the Naxalites is Vijaya Kumaratunga’ and his assistant Chandrika. Meanwhile, The Sunday Times, which was then fully controlled by the government, with the easily intimidated Rita Sebastian as its editor, published a list of eight Naxalites, namely, in order (1) Vijaya Kumaratunga (2) Chandrika Kumaratunga (3) Ratnasiri Wickramanayake (4) Hector Kobbekaduwa (5) T.B. Illangaratne (6) K.P. Silva (General Secretary, Communist Party), (7) G.S.P. Ranaweera (Editor, Aththa) and (8) Jinadasa Niyathapala.

Prof. Wijesinha commented on the media, including the birth of the Upali Newspapers Limited (UNL) and the disappearance of its founder Upali Wijewardene in the wake of Ranasinghe Premadasa thwarting JRJ’s move to field the top entrepreneur to contest the Kalawana electorate. The UNL received Prof. Wijesinha’s appreciation for opposing the Referendum, though mildly, whereas the state-owned media and Dawasa Group threw their full weight behind JRJ’s despicable move. The government engaged in violence in support of its political project. The author discussed how JRJ unashamedly used sections of the media and selected journalists for the project that gave his party the opportunity to govern the country for a period of 13 years, sans parliamentary elections.

A bizarre strategy

Prof. Wijesinha explained how JRJ adopted bizarre political strategies. Having undated letters of resignation from his MPs is one such shameful tactic. JRJ played politics with the system to restrict the number of by elections (remember, this was before the introduction of the PR system in 1989). The section titled ‘Flexing muscles in 1983’ under Chapter 5: Referendum underscored how JRJ consolidated unbridled power at the expense of Parliament and the Judiciary. JRJ ruined institutions at will. Parliament was among them. During a recent interview on ‘Siyatha’ , one-time President Maithripala Sirisena explained how successive Presidents brought in Amendments to consolidate their power at the expense of the people. Sirisena, quite rightly claimed that he was the only President to give up power by way of introducing the 19th Amendment to the Constitution in 2015. However, the irony is Sirisena, in his capacity as the SLFP leader, allowed his parliamentary group to vote for the 20th Amendment that neutralised the 19th. Lawmaker Sirisena quite conveniently refrained from voting for the 20th Amendment having explained his predicament to President Gotabaya Rajapaksa. Having accused the Rajapaksas of planning to bury him, Sirisena, who has been named in the Easter Sunday Commission report for possible prosecution for dereliction of duty, ended up as an SLPP lawmaker.