In just less than seven weeks from now, Sri Lanka will mark the second anniversary of the military defeat of Tiger guerrillas.
For the UPFA leaders, the upcoming Victory Day, with a parade of the men and materiel that dislodged the guerrillas, is a major hallmark. Since May 2009 when the security forces regained full control of the north, the government leaders have ensured that the military victory remains alive in the minds of the people. The (Crown for the Nation) exhibition where troops display their arsenal of battle tanks, rocket launchers, artillery guns, fighter jets, helicopter gunships and even naval craft with their armaments is just one such measure.
Others include different exhibitions or parades by the armed forces in the various districts. At the school level, students are increasingly learning the art of war and defence by joining the cadet corps. The deployment of uniformed troops in several non-traditional sectors like marketing vegetables, running travel counters, engaging in road development activity, conducting whale-watching excursions and internal flights for tourists have all given them a new profile. They are reminders to the public that the men and women who won the war were now busy in different sectors that have hitherto remained not their regular domain. On top of this, recruitment to the armed forces continues.
All this transformation is giving a different image not only to the military but also to the nation. Yet, some of the scars of war remain. So do some of the causes that led to the transition from Tamil moderation to militancy. Though late, Government leaders have just begun addressing those grievances through a dialogue with the Tamil National Alliance (TNA), once billed as a proxy for the Liberation Tigers of Tamil Eelam (LTTE) and now the largest single Tamil political party represented in Parliament.
The past weeks, however, have distracted both the Government and the people. Cricket fever has gripped the country, prompting most citizens to forget other issues. The Government seized the opportunity to raise the price of petrol by ten rupees a litre and diesel by three rupees. The price of a cylinder of Litro gas and Laugf has been raised by Rs 238 bringing it to Rs 1890. These increases will lead to a price spiral in essential consumer items to a broad spectrum of consumers. Now that the World Cup cricket series concluded yesterday, the shocking news will seep into people's minds in the days to come.
It is in this backdrop that storm clouds are building up over pre- and post-war issues in Sri Lanka. Different Tamil groups overseas are stepping up the ante ahead of the handing over of the report to UN Secretary General Ban Ki-moon by his three-member panel that probed alleged war crimes issues in Sri Lanka. It is headed by a one time Indonesian Attorney General Marzuki Darusman and included Jasmin Sooka (South Africa) and Steven Ratner (United States). Their official mandate ended last Thursday (March 31).
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| Cricket and rising prices: A man carrying a cylinder of gas passes by a group of youth watching yesterday’s World Cup final on a television set. Gas and fuel prices were increased on Friday while the country was gripped by cricket fever ahead of yesterday’s final. Pic by Sanaka Viddhanagama |
Contrary to earlier expectations, the report is to be now handed over to Ban anytime between April 13 and 15. The panel had sought an appointment but the Secretary General's schedule has been tight in the light of developments in Libya, Syria and other Middle Eastern nations.
Though the government remained silent, and UN officials parried questions from the media, the first official confirmation that a delegation from Sri Lanka met secretly with the UN panel in New York came from the South African government. The fact that the secret meeting took place was exclusively reported in the Sunday Times of March 6. South Africa's Vice President Kgalima Petrus Motlanthe told the country's National Assembly in answer to a question from an MP in the ruling African National Congress, which was reported to have had some links with LTTE operatives in that country a few years back, "As of March this year, we are aware that a Sri Lankan government delegation met with the UN panel in New York."
The Sunday Times has also learnt that Ban has not heeded a Sri Lanka Government request for a copy of the report. His position is that he would have to decide, soon after receiving a copy, on what the next step would be. It is only thereafter that he is to determine whether a copy is to be made available. In the event of Ban initiating action while the report remains a secret, diplomatic sources do not rule out the possibility of a resolution before the UN Human Rights Council during its June sessions in Geneva. Such a resolution, these sources say, may spell out the course of action the UN Secretary General would want to initiate with the endorsement of the Council. Such a matter may also lead to a briefing to the Security Council.
The first significant development came this week when Robert Blake, Assistant Secretary for South and Central Asian Affairs in the US State Department, met a delegation of Tamil groups for 75 minutes at his office in Washington. It comprised the British-based Global Tamil Forum represented by its President Father S.J. Emmanuel, Suren Surendran (a UK Director), President of United States Tamil Political Action Council (USTPAC) Dr. Elias Jeyarajah, and another member, Ms Grace Williams.
A GTF statement, which they say was issued with the concurrence of Mr. Blake's office, said: "The GTF highlighted the current plight of the Tamil people in the North-East. Key concerns of the Tamil people and ways of addressing their grievances were discussed at length. The recent communication with the Tamil National Alliance (TNA) was also shared with Assistant Secretary Blake and his team."
The Sunday Times learnt that the delegation raised issue with Blake about the ongoing State of Emergency and the resultant problems faced by the Tamil community. They had handed over a detailed document listing a number of issues during the military campaign and thereafter. The Sunday Times learns that Blake will arrive in Sri Lanka to deliver what is described as a 'strong message' to the Rajapaksa government from the Obama administration. Blake is learnt to have told the delegation that he is visiting Colombo this month to impress on the Government the "urgency and the importance" of the issues it faces.
Just two weeks ago, Blake made one of his strongest speeches so far, on Sri Lanka at a meeting of the Asia Society in New York. Here are relevant excerpts:
"The end of the conflict has presented an incredible opportunity to build a peaceful, just, democratic, united Sri Lanka. The U.S. is concerned, however, that some developments are shrinking the democratic space and respect for human rights in the country. The 18th Amendment passed last year weakens checks and balances and abolishes term limits, giving unprecedented power to the executive presidency. Nearly two years after the conclusion of the fighting, substantial parts of the emergency regulations remain in place, the north continues to be heavily militarized, and the role of the armed forces appears to have increased with the Ministry of Defence assuming responsibility in non-traditional areas such as urban development. Media freedom remains constrained with continuing incidents against journalists and independent media such as the recent arson attack on Lanka-e-news.
An unfettered media environment in which journalists can work without intimidation or interference, and incidents against journalists are credibly investigated and prosecuted, is essential for the reconciliation process.
"Perhaps most critical is a full accounting of the individual lives that are still in question from the end of the war, which means providing information to families about relatives that are either missing or in detention so they know the status of their loved ones. The Sri Lankan government told the diplomatic community that it has compiled a database that will assist in the efforts to locate missing persons. We hope that families of those missing or detained will have access to this database. Reconciliation also entails charging or releasing those that are in custody. We understand that the Attorney General's office has formed a panel to examine the cases of those detained and to expedite their processing, and that the panel has already examined several hundred detainees. We hope that all those detained without charges will soon benefit from this panel's work.
"And finally reconciliation means addressing allegations of injustices and abuses during the conflict, no matter which side committed them, and investigating and holding accountable those individuals who were responsible. Although it is difficult to ascertain exactly how many lost their lives in the final months of the war, the U.N. estimates it was thousands. These deaths must be investigated and those who committed wrong doing must be brought to justice.
"Accountability is an essential part of any reconciliation process. Without it an enduring peace will remain elusive as unhealed wounds fester. Primary responsibility for implementing a credible and independent process through which individuals who may have violated human rights and international humanitarian law are held accountable for their actions lies with Sri Lanka itself. Our strong preference is that the Sri Lankan government establish its own transparent process that meets international standards. However, in the absence of such a mechanism, there will be mounting pressure for an international mechanism.
"Lasting peace requires a durable political solution. The United States is encouraged that the government has conducted two rounds of talks on a political settlement with the Tamil National Alliance. We hope that a third round of talks will soon build upon the constructive first two rounds of talks that have already taken place."
In addition, earlier last month, members of the Global Tamil Forum met with India's Congress Party leader Sonia Gandhi. Members of the GTF were invited guests at a reception to honour her. She had delivered a lecture on "Women as Agents of Change" earlier to mark the International Women's Day. Members of the GTF buttonholed her during the reception to raise issues concerning Sri Lanka. She did not dismiss them or move away. Instead, she answered questions posed by them.
The GTF admitted that they asked her whether she would support "an international investigation into (alleged) war crimes in Sri Lanka." She had responded politely by telling the questioner to raise the issue with Kamalesh Sharma, the Commonwealth Secretary General. However, Ms Gandhi did say she was concerned about the developments in Sri Lanka.
British Prime Minister, David Cameron, meanwhile, wrote to British Tamil Conservatives this week. The letter related to their support to retain the present voting system in Britain. He said "Meaningful political reform and reconciliation in Sri Lanka should be an urgent priority and will only hold legitimacy if the democratic aspirations of all Sri Lankans regardless of ethnicity, can be fulfilled. We continue to encourage Sri Lankan Government to address the concerns of the Tamil people and those of other minority groups."
These events, which, no doubt, are unfavourable to Sri Lanka, bring out a very clear message. Sections within the government say the Ministry of External Affairs is incapable or is not forceful in conducting the country's foreign policy. The ministry has become so impotent that it cannot raise issue with either the United States or India over the GTF. Both the United States and India have repeatedly re-iterated their policy of a united Sri Lanka, they point out.
On the other hand, the GTF has publicly declared that it exists to "harness the skills and the knowledge of the members of the Forum, well-wishers and others including mainstream decision makers in the international governments, institutions and organisations with the aim of alleviating the suffering of the Tamil community in Sri Lanka and to further their right to self determination (as defined by Article 1.1 'United Nations: International Covenant on Civil and Political Rights' 1976) ……." That means they stand for a separate state created through self determination.
Worse enough, the External Affairs Minister G.L. Peiris seems less focused on this matter. Last week, he travelled to the Czech Republic on an invitation extended by that country's Foreign Minister Karel Schwarzenburg. Later, a statement from his Ministry said the two ministers signed an Investment Protection Agreement. It said: "It had been agreed that it was an opportune moment to renew the process of political consultations between the two countries. It was agreed that Deputy Foreign Minister level consultations would be held in June this year."
Even the Deputy Minister of External Affairs could have achieved the diplomatic feat projected in the ministry statement.
During his visit to the Czech Republic's capital, Prague, Peiris also undertook an official visit to Britain. However, there were no high profile meetings. Here is the highlight of a three-paragraph statement from the Sri Lanka High Commission in London. It said: "Minister for External Affairs, Prof. G L. Peiris, is currently on an official visit to the United Kingdom. His programme includes meetings with Lord Green of Hurstpierpoint, Minister of State for Trade and Investment; Rt. Hon Dr Liam Fox MP, Secretary of State for Defence; and Mr. Alistair Burt, MP, Parliamentary Under-Secretary for the Foreign & Commonwealth Office. At the House of Commons,
"Minister Peiris will interact with a cross-party delegation of British Parliamentarians representing both Houses of the British Parliament. He will also meet with a group of leading British entrepreneurs. The Minister will be the Chief Guest at the Annual General Meeting of the Association of Professional Sri Lankans (APSL -UK), representing over 400 professionals of Sri Lankan origin residing in the UK. The Minister is scheduled to conclude his visit with a Press Conference. addressing representatives of the British and international media at the High Commission in London"
The High Commission in London denies that Peiris sought a meeting with Foreign Secretary William Hague. Then he met Hague's deputy, Alastair Burt. It was only in February, a month or so ago, that Burt met Peiris for talks during a visit to Colombo. There was no statement from Peiris on this part of his official visit for which the Sri Lanka Government foots the bill. He did meet Defence Secretary Fox but not even a photo opportunity was granted.
On the eve of Sri Lanka's impending crisis with the UN, Minister Peiris is on private leave in Britain. He does not even meet his counterpart Hague, and it is not that the British government doesn't know why he wished to be there at this time.
Peiris was concentrating on the Czech Republic when critical issues facing the Government remain virtually unattended. Besides the campaign of the Tamil Diaspora, there have also been strains in the relations between New Delhi and Colombo. It is no secret that India was a staunch backer of the military campaign to defeat Tiger guerrillas. It transpired recently through the disclosure in a Wikileaks cable that India even prevented other western countries from issuing strong statements against the military campaign to defeat the Tiger guerrillas, something the Indians haven't denied.
A statement by the Indian High Commission this week reflected a toughening of India's stance on the issue of fishermen. Rebutting media reports that three Sri Lankan fishermen have been captured, the High Commission said, "they were found poaching in Indian waters" and were taken into custody by the Indian Navy and handed over to the law enforcement authorities. This is notwithstanding the Indo-Sri Lanka Joint Working Group on fisheries that was under way in New Delhi. The joint communiqué issued after the event has no reference to poaching in each other's waters.
The sting was in the last line of the statement. It said, "In keeping with practical arrangements in force between India and Sri Lanka, Indian authorities are taking steps to obtain their expeditious release from custody and to arrange for their early repatriation to Sri Lanka." In other words, New Delhi has made clear that Sri Lankan fishermen found poaching in their waters would face arrest and action in courts before being released, something they howled against when it happened recently to their fishermen hauled up before the Point Pedro Magistrate.
This week, another thorny issue was resolved though anger over the move in the dovecotes of power in New Delhi remains. Transport Minister Kumara Welgama cancelled further delivery of the Diesel Multiple Units (DMU) train sets from India on March 11. These were granted to Sri Lanka on an Indian credit line. The ban was because of accusations that the sets malfunctioned and inferior quality units were supplied by India.
Dhammika Perera, the casino moghul cum Secretary to the Ministry of Transport, stated in a letter dated March 16 to RITES Ltd., the supplying company, that the "Minister said that the Diesel Multiple Unit has failed during the first day. The internal fittings of the car body and some of the interior fittings are inferior in quality and the situation was witnessed by the High Commissioner of India during the inaugural run. You are hereby informed to suspend the delivery of the DMUs with immediate effect."
Indian officials pointed out that each train set consists of one driving power car followed by four passenger cars with one driving trailer car at the end. They said the train is operated in one direction from the driver's cab in the power car, which houses the diesel engine, and in the reverse direction from the driver's seat cab in the driving trailer car. They alleged that for the inaugural run from Matara, Sri Lankan officials had combined two train sets by removing the two intermediate driving trailer cars to form a ten-car train set with two driving power cars at each end. The revised combination, which was untested, caused electrical short circuits and other problems, they alleged. Hence, they argued that the cancellation was not justified. Indian concerns have been heightened by fears that suppliers from another Asian country were being favoured.
The result -- Transport Secretary Dhammika Perera has written again to RITES Ltd., this week. This time, he has referred to deficiencies identified by a committee but withdrawn the cancellation of the order. He has said that his letter of March 16 is withdrawn. He has added that the Indian company should "rectify all the manufacturing deficiencies mentioned in the joint report dated 25.03.2011 on the S11 Diesel Multiple Units already supplied to Sri Lanka. He has also said that the units to be supplied to Sri Lanka should also be free of defects and deficiencies.
The Transport Ministry's change of mind came after strong Indian protests. India has also raised issue over what it calls delays on the part of the Government over the coal-fired power plant in Sampur. One source said that Indian concerns over a multitude of issues with Colombo were explained when Treasury Secretary P.B. Jayasundera visited New Delhi two weeks ago. He had briefed Government leaders on the matter. The incident shows Government's ad hoc and unstudied responses to issues. Here again, quite clearly, the External Affairs Ministry plays little or no role. Ironic enough, with the EAM inactive, no damage control measure or a proactive thrust to drive home the Government's genuine intentions is absent.
The first serious round of talks between the Government and the Tamil National Alliance (TNA) takes place on April 27. This is where the two sides will talk of measures to address grievances of the Tamil community. Mavai Senathirajah, General Secretary of the TNA, told the Sunday Times his alliance would also meet government leaders on April 7 but that would be to talk on 'day-to-day' issues. He said, "so far, we have had two different meetings where only day-to-day issues were discussed."
Last week, Senathirajah took part in a meeting of the Northern Province Indigenous Medicine Board at the Veerasingham Hall in Jaffna. He told the Sunday Times: "They had an issue about an order given by the Director of the Provincial Health Ministry that instead of a five year course on indigenous medicine, a three year course should be conducted. There have been concerns about this course, as those who pass out cannot become Ayruvedic physicians. They end up as pharmacists and nurses.
"We felt that the provincial council powers are being eroded. At this point I repeated what Indian Foreign Minister S.M.Kirshna said in his speech during the opening of the Indian Consulate office in Jaffna last November. He said that to fulfil the aspirations of the Tamils and solve the problem, the government should look beyond the 13th amendment. I said this particular statement was made in the presence of External Affairs Minister G.L. Peiris. I said I was present at this meeting. However, we have not been advised by anyone in India to go beyond the 13th Amendment. This is a gross misconception."
"Only now we will be having talks about the actual issues. We hope to put forward proposals about power sharing. From our point of view, the 13th amendment is not even the basis to initiate the talks on a settlement." He, however, declined to elaborate on the TNA proposals.
The Sunday Times learns that the TNA is of the view that "the Centre and the devolved units should be supreme in their respective spheres of competence." Here are outlines of a set of proposals the TNA wants to discuss with the Government.
"All state land in the North East Province to be vested in the Provincial Council with provision for the Centre to request and use lands necessary in respect of reserved subjects in accordance with such procedures as may be established by law. Lands that are presently used by the Centre in respect of devolved subjects to be handed over to the Provincial Council. Land in excess of the Centre's requirement for any of the reserved subjects held by the Centre and requested by the Provincial Council for a provincial subject shall be released to the Provincial Council in accordance with procedure established by law.
"The National Finance Commission to evolve a scheme for the allocation of resources. Such allocation to be based on the principle of balanced provincial development. The Provinces to be categorised in accordance with their present levels of development with a view to redressing inequitable development.
"Power to receive foreign direct investments to be devolved. Foreign loans may also be negotiated and received by the Provinces directly, with the concurrence of the Centre if it exceeds a defined limit.
"One of the units of devolution would be the North and East Provinces.
"Law and order to be devolved, except in matters concerning national security and offences relating to international crimes and inter-provincial crimes. A National Police Force and a Provincial Police Force to be set up.
"The reserved list for the Centre will consist of all matters necessary to preserve the unity of Sri Lanka.
"Maximum possible devolution.
"The reserved list to consist of the following subjects and functions:
National Defence and National Police Force
Foreign Affairs
National Fiscal Policy/Currency
Immigration/Emigration
Citizenship
Customs
Posts / Stamps /Telecommunication
International Airports
Major Harbours
Railways
National Highways
Maritime Zones
"The devolved units must enjoy maximum possible devolution without sacrificing the unity of the country. Such devolution needs to address issues relating to identity as well as security and socio-economic advancement. The question of provincial minorities must be addressed. People in the Provinces should be empowered to advance their destinies and control and manage their politico-socio-economic environment with access to all resources within the Provinces.
"There is no need for a concurrent list."
Forty-six subjects have been listed to be included as devolved subjects. They cover Health and Indigenous medicine; education and educational services, including higher education and universities awarding degrees; vocational education and training; agriculture and agrarian services; irrigation within the province; animal husbandry; fisheries, marine resources and aquatic resources; coast conservation; forests and protection of the environment within the province; industries and industrial development; energy; transport; minor ports and harbours; roads and waterways; housing and construction; urban planning and implementation; rural development; local government; co-operatives and co-operative banks; supply and distribution of food within the province; trade and commerce; promotion of tourism within the province; regulation of cultural activity within the province, including public performances; media and broadcasting including television; relief, rehabilitation and reconstruction; social security;
state land and its alienation (state land within the province required for the purposes of the centre in respect of reserved subjects may be utilised by the centre in consultation with the Provincial Council and in accordance with such procedures as may be established by law); provincial police and law and order; provincial police services commission; prisons, borstal and reformatory institutions; provincial public service, provincial public services commission; courts; regulation of unincorporated association and societies within the province; charities and charitable institutions, charitable and religious endowments and religious institutions; archaeological sites and remains; domestic and international borrowing (international borrowing above a defined limit would require the concurrence of the centre); the regulation and promotion of foreign direct investment, international grant and developmental assistance to the province; provincial financial credit institutions; excise duties; turnover taxes on wholesale or retail sales; betting taxes. taxes on price competitions and lotteries other than national lotteries; motor vehicle licence fee; stamp duties on transfer properties, such as land and motor cars; fines imposed by courts; court fees, including stamp fees on documents produced in courts; land revenue, including the assessment and collection of revenue and maintenance of land records for revenue purposes; taxes on mineral rights.
These new developments show that the UPFA Government has a number of issues to address on the international as well as on domestic front whilst the nation observes the national New Year season amidst mounting price hikes. Judging by the way the External Affairs Ministry has been performing or not performing, that is going to be no easy task.
Ranil gets tough after re-election
Emboldened by his unanimous election as leader of the United National Party under its new constitution, Ranil Wickremesinghe is now flexing his muscles.
This week, he thwarted a move by a rump of Sajith Premadasa loyalists staking a claim for the post of National Organiser. He declared that all future higher positions in the party should be settled by consensus and not through a vote.
It all began with former Kalutara District parliamentarian and one time Media Minister Imtiaz Bakeer Markar writing to Wickremesinghe. He urged that Moneragala District parliamentarian Ranjit Maddumabandara be made the National Organiser.
Maddumabandara was a strong Sajith Premadasa loyalist. At the meeting of the UNP's Electoral College (i.e. the Parliamentary Group and the Working Committee) on March 23, he proposed Premadasa's name for the party leadership. He was then unaware that Premadasa had already reached accord with the party's General Secretary Tissa Attanayake to accept the post of Co-Deputy Leader.
At the Working Committee meeting on Monday, Bakeer Markar proposed that Maddumabandara be appointed National Organiser. The proposal was seconded by Chandra Gankanda. Wickremesinghe intervened to say the matter would be resolved only through consensus.
Wickremesinghe appointed a three-member Committee to resolve the matter. It is headed by deputy leader, Karu Jayasuriya, General Secretary Tissa Attanayake and party Chairman Gamini Jayawickrema Perera.
Among those whose names are mentioned for the post of National Organiser are Ravi Karunanayake and Mangala Samaraweera. Karunanayake, now recovering from injuries he suffered when his Defender Jeep toppled at Induruwa, did not attend Monday's meeting. He is being mentioned as the hot favourite for the post. Samaraweera is said to be in favour of the move and has said he was not after positions in the party.
Karunanayake was strongly opposed to Premadasa and campaigned to retain Wickremesinghe as the party leader. He has contended at Working Group meetings and in party circles that he should be given the same or equal positions held by Premadasa. Though he was earlier opposed to accepting the post of National Organiser, after conversations with Wickremesinghe, he has expressed his willingness. The UNP leader has also been talking to several Working Committee members to obtain their views on the post of National Organiser. This included Maddumabandara too. The latter had pointed out that he was a UNPer and did not yield to pressures to join the UPFA Government after the parliamentary elections. Hence, his loyalty to the party should be taken into consideration.
On Friday, the party's Consultative Committee (under the new constitution) met sans the National Organiser. It was decided that the National Organiser be picked when the Working Committee meets on Wednesday (April 6).
Monday's Working Committee also approved the minutes of the previous meeting (with the inclusion of the parliamentary group) where Premadasa was picked as Co Deputy Leader. The party has decided to amend the Constitution to make provision for this new post. Several other positions are also likely to be created when these amendments take effect. Among other matters, it is to make provision for at least two Assistant Secretaries. The names of Dayasiri Jayasekera (Kurunegala District MP) and Sagala Ratnayake (defeated Matara District candidate) are being mentioned for these posts.
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