Columns - Political Column

The battle with Ban boomerangs

  • President goes troubleshooting in Male while Sri Lanka faces worst diplomatic crisis
  • US, EU diplomats issue tough statement, as Govt. mishandles Weerawansa protest
By Our Political Editor

The urgent telephone call came to President Mahinda Rajapaksa when he was on an official visit to Ukraine. The caller was Mohamed Nasheed, President of the Maldives. He urged Rajapaksa to use his good offices to resolve a deepening political crisis in his country.

Returning to Colombo, Rajapaksa made hurried plans. India, which has an abiding interest in the Maldives, was informed through diplomatic channels. Since Presidential Secretary Lalith Weeratunga, was accompanying the President, Gamini Senarath was appointed to act in his post. Scheduled meetings of the National Security Council and the weekly Cabinet sessions were cancelled. He flew on Wednesday morning on a scheduled SriLankan Airlines flight to Male. He returned the next (Thursday) afternoon.

Though President Rajapaksa and his Government are in the eye of an international storm, the fact that he chose to be troubleshooter in the Indian Ocean archipelago drew considerable attention both in Sri Lanka and abroad. This was particularly after his Government was locked in a growing controversy with the United Nations. There were also a few detractors in the opposition. They said, perhaps sarcastically, that his role in the Maldives amounted to interference in the internal affairs of that country.

Only a day ahead of the President's departure, Wimal Weerawansa, one of his Cabinet ministers (and close political confidant) and a group of protestors surrounded the UN compound at Bauddhaloka Mawatha, the former Bullers Road in Colombo. When the President returned, Weerawansa was on a 'fast unto death' demanding that the UN Secretary General, Ban Ki-moon, disbands the three-member advisory panel appointed by him to advise him on 'modalities, applicable international standards and comparative experiences relevant to an accountability process'. The Weerawansa move caused angry reactions at the UN and strong criticism worldwide.

The Maldivian crisis

Mohamed Nasheed took over as President of the Republic of the Maldives in November 2008 after he won the election in a second round of balloting against his main rival, the then President Maumoon Abdul Gayoom, who had received more votes than Nasheed in the first round of voting.

Nasheed formed a coalition government with a number of political parties, including one identified as a radical, the Adalath (or Islamic Justice) Party. Ministerial positions were given to the constituent partners. Rifts developed between Nasheed's own Maldivian Democratic Party (MDP) and the other constituents.
The crisis worsened after 2009, when elections were held to the country's People's Majlis (their Parliament), Gayoom's Dhivehi Rayythunge Party (DRP) and an ally won the majority of seats. Growing discontent prompted allies of the MDP to vote in the People's Majlis against the Government's wishes.

Maldivian President Mohamed Nasheed (R) walks with visiting Sri Lankan President Mahinda Rajapaksa in Male on July 7, 2010. Sri Lanka's President is visiting the atoll nation as Nasheed struggles with the Opposition-led national Parliament. - AFP

The ruling MDP appointed its own nominees to provincial councils and other key positions. The Government was accused of being selective in awarding foreign contracts, selling or leasing state assets without the approval of Parliament. There was strong opposition criticism over the Government awarding a multi-million-dollar contract to a Malaysian and Indian combine to build a modern airport in Male.

The tug-o-war between the MDP Government and the opposition parties reached a climax when the People's Majlis debated a bill relating to state finances and assets last week. The opposition had moved amendments to restrict the sale or lease of state assets without recourse to Parliament. It was approved and the move caused acute embarrassment to the Government. President Nasheed declared he would not sign it into law and called upon his Cabinet to resign.

Soon after his arrival in Male, Rajapaksa went into a round of talks with Nasheed. He urged him to adopt a softer approach allowing the People's Majlis, as the Constitution stipulates, to work independently. He also requested him to release two opposition leaders who have been placed under house arrest.

Rajapaksa was to impress on him the need for the Government and the opposition leaders to work together in harmony. He later told Gayoom that Nasheed had assured he would not interfere in the Majlis and would allow them to discuss all legislation. He had also told him that he happily agreed to extend his good offices since Gayoom, when President, had fully backed the Sri Lanka Government's military campaign against Tiger guerrillas. As for the Cabinet, Rajapaksa had said, it was up to the Majlis (as the Maldivian Constitution lays down), whether or not to endorse Nasheed's Cabinet.

Sri Lanka and the Maldives issued a joint statement, which said ; "the goodwill visit" ended with the Government and the Opposition agreeing to constitute a six-member committee from the People's Majlis, three from each side, to "commence and carry forward a dialogue." Yet, on Wednesday night there were signs that Nasheed was unyielding.

At the luxury Kurumba tourist resort where he stayed, Rajapaksa hosted a dinner, both for Government and Opposition leaders. When the Deputy Speaker of the People's Majlis (also deputy leader of the People's Alliance), Ahmed Nazim returned home to the capital island of Male, Police were waiting to arrest him and search his house. A group of supporters demanded that the Police produce an arrest or search warrant. They could not produce one and were forced to withdraw. However, Nazim was eventually arrested the next day and instead of Nasheed's administration releasing two MPs currently in custody (a request for their release was also made by Sri Lankan Opposition Leader Ranil Wickremesinghe), the number of MPs under house arrest has increased to three.

Even before Rajapaksa left the Maldives, Nasheed swore in the Cabinet, which he had only called upon to resign a week earlier. It was the very same Cabinet he appointed with each getting the same portfolio. They now await ratification within seven days by the People's Majlis. Thus, a second round of political confrontations is on the cards. "It is like the World Cup. The only difference is that they are playing without any rules or a referee," a former Maldivian Cabinet minister told the Sunday Times on the telephone from Male.

Showdown with UN

Rajapaksa returned to Colombo on Thursday afternoon to face a bigger crisis, one created by a trusted Cabinet minister, Wimal Weerawansa. The National Freedom Front (NFF) leader and his group of supporters surrounded the UN compound in Colombo on Tuesday. The Colombo based diplomatic community was shocked that a 'hostage taking' situation had developed. There were suggestions that the entire protest had the blessings of the Government. A detailed account of the drama that played out appears elsewhere in this newspaper.

Tuesday's protests saw scuffles between the Police and the protestors. Weerawansa's strong ally and former Cabinet minister, Piyasiri Wijenaike, was among six who were assaulted by the Police. Their intervention came amidst reports that the protestors were unruly. A group of policemen new to Colombo city had already dealt a few blows to Wijenaike when their seniors recognised the former Minister. He had to be admitted to the National Hospital.

The next day, (Wednesday), Weerawansa issued an ultimatum. If UN Secretary General Ban Ki-moon did not dissolve the three-member advisory panel by 6 p.m. that evening, he would stage a "fast unto death."
UN Chief Ban Ki-moon has named an Indonesian, a South African and an American to advise him on aspects during the last stages of the fighting between troops and Tiger guerrillas in May last year.

At the UN in New York, the Weerawansa protest drew an angry response. Ban's Chief of Staff, Vijay Nambiar summoned Sri Lanka's Permanent Representative, Palitha Kohona. UN associate spokesperson Farhan Haq said Kohona had given "full and clear" assurances of UN staff safety and security. "However, there are indications of demonstrators remaining outside the compound, the UN Country Team (UNCT) will assess whether all staff could return soon," he said.

Later, Haq faced a barrage of questions at the daily noon news briefing. Some relevant extracts:
Question: Farhan, what's being done to protect staff at the offices in Sri Lanka, the UN staff in particular?
Haq: Well, a number of things are being done. First of all, we've been reaching, contacting Sri Lankan officials at all senior levels here and in Colombo. As for the safety of the staff themselves, it is clear that for most of the day, UN staff were unable to come or go, and visitors were also blocked. However, by the end of the day, following interventions by the Government, all staff have now been able to leave the offices. Some protesters remain outside, and as we've said, we will continue to monitor developments about them.

Question: The Minister, [Wimal] Weerawansa, he's the one who six days ago threatened to do just this. From this podium, you said it was an individual statement, and that an apology might be forthcoming from the Sri Lanka Government. I guess - what changed? What was the basis of saying it was an individual threat when he is the leader of a party that's part of the Government?

Haq: Well, we've received certain public statements from the Government at the very highest levels, including, by the way, yesterday from the Prime Minister of Sri Lanka, who met with Neil Buhne, the Resident Coordinator that we have in Sri Lanka. So we've received reassurances and clarifications.

They've repeatedly said that, although they have a coalition government and there are certain parties in the coalition that have had differing views, that the Government of Sri Lanka is very clear in its support for UN staff and that the Government will try to ensure the security of UN staff. So we'd been taking those assurances. But at the same time, we take this quite seriously, and anything that hinders the movement of staff is a serious concern, and we are trying to make sure that the Government will honour its commitments to make sure that our work can be carried out without hindrance.

Question: On that, what do you make of the report by Reuters that Mr. Weerawansa, when the police were trying to allow the staff to get out, called Presidential brother Gotabaya Rajapaksa, and the police then stopped trying to let UN staff out? That was carried by Reuters. They said that they witnessed the call and that Gotabaya Rajapaksa was put on to speak to the police and they stopped assisting UN staff. Are you going to see if that's true, because that's more of your interlocutors, right?

Haq: Like I said just a second ago, that the interventions from the Government did allow all staff to be able to leave the offices. So the bottom line is that the staff who we wanted to get out of the building have in fact gotten out of the building. I don't know about the precise details about this call, but certainly we're trying to make sure that all Government officials and indeed the police are abiding by their commitments to ensure the safety of UN staff. "

Weerawansa who began his 'fast unto death' on Thursday was undeterred. He told reporters that he would continue until Ban dissolves the advisory panel. He would even forego his portfolio if it became necessary. However, on the same day, the UN reacted strongly again.

A statement said:

"The Secretary General finds it unacceptable that the Sri Lankan authorities have failed to prevent the disruption of the normal functioning of the United Nations offices in Colombo as a result of unruly protests organised and led by a Cabinet minister of the Government.

"In the light of the evolving situation, he is recalling the United Nations Resident Co-ordinator, Mr. Neil Buhne, to New York for consultations. He has also decided that the UNDP Regional Centre in Colombo will be closed.

"The Secretary-General calls upon the Government of Sri Lanka to live up to its responsibilities towards the United Nations as host country, so as to ensure continuation of the vital work of the Organisation to assist the people of Sri Lanka without any further hindrance."

A significant aspect in this statement is the use of the word "recalled." Though sections of the Government claimed that Buhne was being "recalled" only for "consultations," the use of the word 'recalled' instead of being summoned had serious connotations. More so, since the word 'recalled' was used again in the latest UN statement as explained below.

This is the first time ever a UN resident representative has been recalled to the headquarters over a diplomatic row. As for the closure of the regional office, the UN was already making arrangements to shift it to Bangkok. The row with the Government had only prompted the UN to announce an early closure. The regional office, which was earlier located in Kathmandu was relocated in Colombo after civil unrest in Nepal.

Confusing statements

In the ensuing melee, Ministers and Government officials were to make contradictory and even confusing statements. One Minister said opposition UNP leader Ranil Wikremesinghe was responsible for this situation. An official placed the blame on retired General Sarath Fonseka, who led the troops to victory and is now the leader of the Democratic National Alliance.

External Affairs Minister G.L. Peiris fired a series of verbal salvoes over the issue. He told Parliament, "the Government had no authority to clamp down on a peaceful demonstration. He said it was lawful to have peaceful protests and demonstrations." The remarks drew an angry reaction from Janatha Vimukthi Peramuna (JVP) leader, Somawansa Amerasinghe. "When the Government holds protests and demonstrations, it is lawful and democratic.

When we do that, brute force is used to stop it," he told the Sunday Times. He said when retired General Fonseka was arrested, members of the Buddhist clergy had staged a peaceful protest. "They were all bundled up and taken away by the Police," he said.

Peiris was to tell a news conference on Friday President Rajapaksa would be able to solve the current crisis the same way he solved the political tussle in the Maldives. He accused the UN Secretary General of acting in "precipitant haste." He claimed Buhne was not "recalled" but asked to come to New York for consultations. However, his claim was disproved when the UN, in a second statement, also used the word "recalled".

At the same time as Peiris and other senior SLFP ministers were holding a news conference, Weerawansa wrote to President Rajapaksa resigning his post as Minister of Construction, Engineering Services, Housing and Common Amenities. He said in his letter that "I understand that there are allegations that the manner in which I have chosen to launch my protest while remaining as a Cabinet minister is inconveniencing the Government. Respectfully, I wish to state that I had no intention of inconveniencing the Government or our motherland." His party's spokesperson Jayantha Weerasekera told reporters that President Rajapaksa had not accepted Weerawansa's resignation.

However, in terms of the Sri Lankan Constitution (Article 47) a Minister ceases to function when he "resigns his office by writing under his hand to the President." Hence, Weerawansa would have to be sworn in again if he is to continue as a Cabinet Minister.

Diplomats issue statement

The developments took a serious turn when Germany, Britain, the United States, France, Italy, Switzerland, The Netherlands, Romania, Norway and the European Union issued a statement on Friday night. It came amidst efforts by the Dean of the Diplomatic Corps, UAE Ambassador Mahmoud Mohammed Al-Mahmoud, to seek an urgent meeting with Peiris.

An appointment has been given for tomorrow. Their statement from the US and European countries said, "We are deeply dismayed by the blockade of the UN-compound this week in Colombo and the role played in it by a Government minister.

"Peaceful protest is part of any democracy, but blocking access to the United Nations - of which Sri Lanka itself is a member - as well as intimidating and harassing UN personnel is a breach of international norms and harmful to Sri Lanka's reputation in the world.

"We call upon the Government of Sri Lanka to take all appropriate steps to ensure the safety and security of UN personnel and premises. "We welcome the meeting scheduled on Monday between the Dean of the Diplomatic Corps and the Foreign Minister to discuss this issue."

Weerawansa missed his Cabinet and parliamentary colleagues at a social event at Temple Trees on Friday night. The Minister of Finance (President Rajapaksa) was hosting Government Parliamentarians to dinner. Cocktails preceded and a female dance troupe was there to entertain. Minister Peiris who was one of the most sought after guests told his colleagues, both ministers and MPs, that the UN would issue a statement late Friday night (local time). He claimed that the statement would give a way out for Weerawansa to call off his fast.

The UN did issue a statement but it only re-iterated its position and asserted that its Resident Representative, Neil Buhne has been recalled to New York. Here is the statement:

"Following his decision yesterday to recall the United Nations Resident Coordinator in Colombo and close the UNDP Regional Centre in Colombo, the Secretary-General calls again upon the Government of Sri Lanka to take urgent action to normalise conditions around the United Nations Offices in Colombo so as to ensure the continuation of the vital work of the Organization to assist the people of Sri Lanka.

"The Secretary-General believes the strong reaction to his establishment of a Panel of Experts on accountability in Sri Lanka is not warranted. The United Nations has consistently held that this Panel has been set up to advise the Secretary-General with regard to taking forward the objectives of the Joint Statement of May 23, 2009.

"These objectives include the further fostering of reconciliation and related issues as well as reflecting the commitment by Sri Lanka to the promotion and protection of human rights and the importance of accountability in order to continue the strengthening of peace and development in that country. The United Nations recognizes that the responsibility in this regard is that of the Government of Sri Lanka. The panel itself will advise on the modalities," applicable international standards and comparative experience relevant to an accountability process. It will be a resource available to assist the Government of Sri Lanka and the Commission on Lessons Learnt and Reconciliation in applying the international best practice in this regard."

Thus, Minister Peiris' forecast was proved wrong. There are a string of other questions that beg answer from the External Affairs Ministry. Sources within the ministry itself say that if an early appointment was granted to the Dean of the Diplomatic Corps and the Colombo-based diplomatic community was engaged, their strong statement would not have come on Friday night.

Making matters worse, the Permanent Mission in New York is headless at the time of this crisis. The Permanent Representative, Palitha Kohona, is away in Portugal attending a seminar. His deputy, Bandula Jayasekera, has been recalled to Colombo. Such is the state of Sri Lanka's diplomacy.


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