Committee proposes far-reaching defence reforms

Strong minds, great hearts, true faith and ready hands
Men whom the lure of office does not kill
Men whom the spoils of office cannot buy
Men who possess opinions and a will
Men who have honour, men who will not lie
Men who can stand before a demagogue and damn his treacherous flattering without winking
Tall men, sun crowned, who live above the fog in public duty and private thinking

This is what a United National Front (UNF) Government Committee on defence reforms wants a Service Chief to live up to. It says the "efficiency, combat effectiveness and conduct of the Service will depend on the capabilities and skills, professional competence, personal example and leadership of the Chief."

Hence, the Committee says the selection of a Service Chief (or Commander as they are now referred to) "needs to be based on merit, performance, seniority" and other criteria it has set out. "Seniority therefore, should not be the sole criteria for selection. He should be immune from political influence and not seek such patronage at any time in his career," adds the Committee.

Recommendations of the Defence Review Committee
Here are highlights of recommendations of the Defence Review Committee in its first report - Matters relating to higher defence control.

NATIONAL SECURITY COUNCIL (NSC)
Composition: Many were under the impression that the NSC should be defence oriented and should comprise a few Ministers with Defence officials also constituting a part of the Council. However, when it was explained that National Security was an integrated subject requiring examination and determination at the highest levels of Government viz. - a Cabinet Sub Committee, it was agreed that the composition of the NSC should be:

The President, The Prime Minister, Minister of Defence, Minister of Foreign Affairs, Minister of Finance, Minister of Interior with powers to co-opt any other Minister in relation to the perceived threat.

Servicing the NSC: Should be by the Cabinet Secretariat with inputs from professionals, "Think Tanks" and Ministerial sources.

Statutory Advisors: Secretary to Ministry of Defence, Secretary to Ministry of Interior, Secretary to Ministry of Finance, Professional Head of the Armed Forces (Chairman, Joint Chiefs of Staff Committee), Service Chiefs and Inspector General of Police (IGP), Head of National Intelligence, and, other officials on invitation depending on the perceived threat.

Functions of the NSC: (a) Understanding the needs and aspirations of the people of Sri Lanka that a National Security Policy serves to protect them from all perceived threats. (b) An assessment and identification of the "National Interests" including Foreign Policy objectives (c) That a National Security Policy protects the maritime, aerial and territorial areas of Sri Lanka and resources thereof, and (d) Steps to be taken to thwart any perceived threats from external and internal sources.

MINISTRY OF DEFENCE:
From its inception in 1947, the MoD was designated Ministry of Defence and External Affairs; in 1977 the External Affairs responsibility was taken over by the Ministry of Foreign Affairs. The Police Department, the Immigration and Emigration Department and the Department of Registration of Persons were transferred in the late 2001 to a new Ministry of Interior. These are steps in the right direction. The MoD can now concentrate on the Armed Forces and should therefore be organised accordingly.

Defence policy emanates from a proper assessment of national security issues and in relation to other forces - internal and external. The MoD must hence formulate this policy for the approval of the NSC and for this purpose and others a Defence Council has to be established under the MoD comprising:

Minister of Defence (Chairman), Secretary MoD, Professional Head of Armed Forces ( Chairman, JCSC), Service Chiefs and Head of Intelligence.

The Secretary to the Ministry of Interior and IGP can be invited if and when required. They should meet weekly.

HEAD OF ARMED FORCES:This new appointment of Professional Head of the Armed Forces and the MoD made by the Minister of Defence will be designated Chairman, Joint Chief of Staff Committee (JCSC). As professional head of the Armed Forces, he will be the:

(a) Principal Advisor to the Government and the NSC on the military capability and preparedness of the Armed Forces.

(b) He will chair the meeting of the Service Chiefs and work out military strategy; manpower and material requirements, prescribe training particularly at Joint Service level and monitor such training through an Inspectorate consisting of officers from the three Services.

( c ) Co-ordinate any UN Peace Keeping operations required of the country's Armed Forces and ensure that they are properly trained for the purpose.

(d) Co-ordinate Service Intelligence with the Head of National Intelligence.

(e) Ensure proper public relations are maintained by the Armed Forces

(f) Ensure the Armed Forces are trained and competent in communications and information technology, and all other aspects of relevant modern defence technologies.

ARMY, NAVY AND AIR FORCE HEADQUARTERS:
Note by the writer: The Headquarters to command each of the Forces is to depend on the outcome of recommendations in the final report. In other words, it is to hinge on the progress of the peace talks. The Committee says it intends calling for the three Services to submit their joint plans to meet perceived threats, including the perennial protection of the Exclusive Economic Zone (EEC). The presumption here is how the peace talks will progress thus receding the need for war preparations. Otherwise, they may have to project existing threat perceptions at the time.

Service Chiefs to be re-designated Chief of Army Staff, Chief of Navy Staff and Chief of Air Staff.

SUBORDINATE JOINT HEADQUARTERS:

a. Joint Command for Land Operations: Supported where necessary by the Navy and Air Force under the command of a Major General, a Joint Command for Land Operations will be established. He will exercise command over all troops and equipment allocated to him for a particular task by the JCSC and will be directly supervised by the Chairman as appropriate, if it is a joint operation or by the respective Service Chief if it is a single service operation.

b. Joint Command for Maritime requirements under the command of a Two Star Navy/Air Force Officer: There is a perennial requirement of surveillance and interdiction of any unauthorised entry into the EEZ and on to the shores of Sri Lanka. The Navy and the Air Force will be primarily involved in a non-stop, round the clock surveillance and interdiction role.

The three member Committee appointed by Defence Minister Tilak Marapana, is headed by Austin Fernando, Secretary to the Ministry of Defence and comprises Charitha Ratwatte, Secretary, Ministry of Finance and Lt. Gen. (retd.) Denis Perera, a former Army Commander. Brigadier Niranjan Ranasinghe serves as its Secretary.

It has already brought out an 11-page report, its first. This is after the Committee was called upon to deal with higher defence control - The National Security Council, the Ministry of Defence, Any Joint Command of the Forces or Co-ordinating Headquarters if necessary, and The Headquarters of each of the Armed Forces and The Headquarters of any subordinate Commands. They were also called upon to recommend selection criteria for officers to be appointed to head the Armed Forces. The first report was presented to Minister Marapana before the deadline of August 31, this year.

Far reaching changes, many of them significant as they come 57 years after independence, have been recommended by the Committee. However, it will become law only after legislation is introduced in Parliament. Such a process will undoubtedly require the concurrence of President Chandrika Bandaranaike Kumaratunga, who is Commander-in-Chief. Since the defence reforms recommended will in effect strip her of powers she now enjoys as Commander-in-Chief, the move will, no doubt, lead to a high degree of controversy.

Among the highlights of the Committee's recommendations are:

* Expansion of the composition of the National Security Council.

* The creation of a National Defence Committee (or Council) chaired by the Minister of Defence . It is to meet weekly and be responsible for the day to day running of the military machine.

* The appointment of a Professional Head of the Armed Forces at the Ministry of Defence to be designated Chairman, Joint Chief of Staff Committee (JCSC).

* Designation of Service Chiefs to be changed from Commander to Chief of Army Staff, Chief of Navy Staff and Chief of Air Staff.

* Creation of Subordinate Joint Headquarters under Service Headquarters subject to the directions of the Chairman of Joint Chief of Staff Committee. They are:

(a) Joint Command for Land Operations

(b) Joint Command for Maritime requirements

Details of the Committee's recommendations appear in a box story on this page.

The proposed defence reforms will require legal changes. Noting "very serious and important changes conferring power and authority to institutions (e.g. NSC, involvement of the Cabinet Secretariat in the management of affairs, appointment of JCSC etc.) to function," the Committee has concluded, "the most practical means is to confer the power and authority to the Minister of Defence…." Hence it has recommended that the MoD should consider changing the legal enactments and regulations. "Until these laws / regulations are changed interim appointments and establishment of these institutions as appropriate and required could be done either under an existing legal provision or on decisions taken by the Cabinet of Ministers," the Committee has said.

This recommendation, among other matters, revolves directly on some recent actions of President Kumaratunga as Commander-in-Chief. Among them is the granting of a three year extended term to the Commander of the Navy, Vice Admiral Daya Sandagiri who was due to retire on September 1, this year. Another is the 15 months extension of service granted to Commander of the Army, Lt. Gen. Lionel Balagalle, who was due to retire tomorrow. These changes did not win the approval of the UNF Government. In addition the UNF also wants to grant extensions of service to scores of officers in the Security Forces - a move that is being resisted by President Kumaratunga.

It is in this backdrop that Defence Minister Tilak Marapana, had a two-hour meeting with President Kumaratunga, almost two weeks ago, to explain details of the defence reforms. The thrust of his argument was simple. Since the Minister of Defence was answerable to Parliament, it is he who should be vested with the powers.

If UNF leaders claimed later that she had agreed to study the reforms with a view to supporting them, President Kumaratunga was to publicly ridicule the proposed changes. She told a public meeting near Kandy that the move was intended not only to strip her powers as Commander-in-Chief but also to establish a dictatorship.

If this is her response to the first part of the Committee's report, the second part, which is likely to lead to the stripping of more powers enjoyed by her as Commander-in-Chief, will be further grist to the mill.

In their second report, the Committee has been tasked with six specific responsibilities. At least two of them are more significant:

* The updating and amendments (where necessary) of all regulations made in the Army under Sec. 155 of the Army Act and relevant regulations of the Navy and Air Force.

(NOTE: This provision in the Army Act empowers the Minister of Defence, to make regulations on a large number of matters including the discipline of members of the Army; the disbandment of the whole or part of any corps of the Army; the termination of the services of any member of the Army; the administration of the Army; the assembly and procedure of Courts of Inquiry; the procedure to be observed in trials by Courts Martial; the confirmation and revision of the findings and sentences of Courts Martial; and the carrying into effect of sentences of Courts martial).

* The following matters require to be examined closely in regard to prevailing circumstances and recommendations made to achieve uniformity and enhance the capability of the Army, Navy and Air Force with emphasis on merit and performance of officers and other ranks especially for appointments to important postings; promotions and extensions of service.

The Committee has been called upon to complete its second report by December 31, 2002.

An equally significant part will be the third and final phase of the Committee's recommendations. Evidently, the UNF Government wants to take into consideration the progress of the peace initiatives by early next year. Therefore, the Committee has been called upon to recommend the future strength, organisation and functions of the Army, the Navy and the Air Force "in carrying out their responsibilities in operations and in peace time." Similarly, even the composition of the Volunteer Force is to be spelt out.

Another important aspect which the Committee has been tasked is to identify and report on training programmes suitable to meet current requirements of the Armed Forces including participation in United Nations Peace Keeping operations - a clear indication that the Government has plans to send Sri Lankan troops abroad. The Committee has been called upon to make its final report by April 30, next year.

A fuller analysis of the defence reforms made by the Committee, in their first report, may have to wait due to lack of space. However, it must be emphasised that the Committee appears to have only obtained limited representations in formulating its first report thus leaving out a broader public participation.

By its own admission, besides those in the three services and the Joint Operations Headquarters, only the views of the Association of Retired Flag Rank Officers (ARFRO), of which Lt. Gen. Denis Perera (a Defence Reforms Committee member) is a senior member, have been heard. This is not to fault the ARFRO, which has in its membership some distinguished retired officers.

The Committee also says discussions were held with a cross section of Officers of the rank of Lieutenant Colonel and their equivalent in other services, with Gen. (retired) Cyril Ranatunga (a former GOC of Joint Operations Command and Secretary, Ministry of Defence) and three former Commanders of the Navy. It notes that General Hamilton Wanasinghe, (a former Army Commander and Defence Secretary), was unable to attend.

A serious question that begs answer is why no broader public participation was allowed before recommendations for defence reforms were made on an issue which affects every Sri Lankan citizen. If a cross section of senior Security Forces officers were consulted, there was still a larger cross section that was even unaware of the existence of the Committee, leave alone its recommendations. There were other professional groups and qualified persons too who should have been heard.

More importantly, none of the other political parties, particularly those in the Opposition, were consulted on this all-important issue, which also concerns them. Even in neighbouring India, both the Government and the Opposition parties sit together to deliberate and agree on national security issues. The fact that this aspect has been omitted when Indian help is sought in many ways for defence reforms and related matters is glaring.

Another aspect which appears to have been ignored in higher defence control is one of procurements. It is no secret that the war in the past 19 years have spawned billionaires and millionaires in uniform and outside it.

In the field of intelligence, the Committee report records that former DIG, Merrill Gunaratne, "covered the subject of intelligence". This is not a slight on him. He is the only one mentioned on the subject of intelligence - a matter which has remained high on the list of reasons why the Security Forces never won the 19 year long separatist war.

Interestingly enough, under the proposed reforms, besides bestowing administrative responsibilities, the Secretary to the Ministry of Defence has been placed as the final authority for intelligence. This is through a Director General, National Intelligence, who will co-ordinate all intelligence and function under the Secretary.

The proposed defence reforms come at a critical juncture in the country's post independent history, when there is an eight month long truce and peace talks are under way to end the ethnic conflict.

The UNF Government has given notice of a 19th Amendment to the Constitution to strip the President of powers to dissolve Parliament an year after its existence. Its passage will signal the dawn of a strong, largely one party Government. And the passage of laws for defence reforms that are to follow will only make such a government much more stronger and powerful with all the military muscle.

What if this politico-military strategy of the UNF does not work because Parliament fails to approve the 19th Amendment to the Constitution and defence reforms ? Whichever happens, it will be a landmark in the country's history. A crucial chapter in history waits to be written.


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