Columns

•  Initial response was positive but backlash from opposition and other groups prompt Male to say ‘no’
•  Fresh controversy arises over plans to hold PC polls; Some Govt.  groups want it after new Constitution

Despite the pandemic, the Maldives has in recent months seen a tourism revival. Fears are expressed that the move to bury Sri Lanka Muslims dying of COVID-19 in the Maldives may have an adverse impact on the tourism sector.

A move to bury in neighbouring Maldives Sri Lankan Muslims, who die of coronavirus infection, has misfired.

Both Colombo and Male have mysteriously dropped the move without adducing any reason. Perhaps they realised that the exercise is fraught with many political and international implications for the two countries. This is besides the opposition mounting in the archipelago, a tourist paradise with blue waters and white sandy beaches. Both Covid-19 victims and all other dead are buried in a cemetery located near the Maldivian Finance Ministry, south of Male. There are severe restrictions for Covid-19-deaths where the body is dressed differently from others. Relatives are also restricted during funeral ceremonies and there are no Janaza prayers.

It was the Maldives Foreign Minister, Abdulla Shahid, who announced this officially last Monday in Male in two different tweets. The first said; “On special request from Sri Lankan President @GotabayaR, President @ibusolih is consulting stake holder authorities of the Government of Maldives to assist Sri Lanka in facilitating Islamic funeral rites in the Maldives for Sri Lankan Muslims succumbing to COVID 19 pandemic.”  The second tweet within minutes, also on the same day, said “President Solih’s decision is based on the close longstanding bilateral ties between #Sri Lanka & Maldives, to ensure help to face the challenges of the pandemic. This assistance will also offer solace to our Sri Lankan Muslim brothers & sisters grieving of burial of loved ones.”

One tweet followed the other at 3.48 p.m. last Monday. If the first spoke of the archipelago nation’s President Ibrahim Solih “consulting authorities,” the second was more definitive. It said “President “Solih’s decision is based on the close longstanding bilateral ties….”  Just two days before these official announcements, Deshaya (a Sinhala weekly of the Wijeya Group) was the first to break the story that Sri Lanka had asked the Maldives to bury the Muslim victims of Covid-19. Its front-page lead story said the government of Maldives had agreed to bury Sri Lankan Muslims who die from Covid-19 and added that its decision had been conveyed to Colombo.

Maldivian President Ibrahim Mohamed Solih

In Colombo, the media, including foreign correspondents, turned to the Publicity Division of the Presidential Secretariat for response. When that was delayed, they raised issue with official cabinet spokesperson and Minister Keheliya Rambukwella, during a briefing on Cabinet discussions. “No such matter was discussed by the ministers,” he declared. A Foreign Ministry source confirmed that the request to the Maldives was not channelled through the ministry and was made direct. That meant that an official study of the matter had not been carried out before the request was made.

In the Maldivian capital of Male, there were mixed reactions, mostly opposition to the move. Former President and elder statesman Maumoon Abdul Gayoom, who ruled the Maldives for 30 years, strongly opposed the move. “The government of Maldives is not obligated to do so. In doing so, it would only be supporting the mistreatment of Muslims by the Sri Lanka government,” he told the Maldivian media. That the Sri Lanka government policy mandates that bodies of Covid-19 victims to be cremated, not buried. This goes against Islamic customs, he said. He noted that the issue had generated a serious controversy among the public. Gayoom also tweeted that he disapproved the move.

However, Islamic Affairs Minister Ahmed Zahir told the Maldivian media, “I think some of the opposition would point out the vileness of the (Male) government if they had not assisted the Muslims of Sri Lanka. It is the fact that they did not help Sri Lanka. Now that they are assisting, it is being disapproved. I am asking them to separate the good and the bad as soon as possible. He argued that many scholars have described that the Maldivian benevolence would go down in history books.” Also supportive is former President, Mohamed Nasheed, now the Speaker of the Majlis (Parliament) and ruling Maldivian Democratic Party member.

In Male, government sources conceded that they had to weigh many an aspect arising from the request from the Sri Lanka government. Such a move, in a worst-case scenario, it is argued, could even mean giving prescriptive rights to Colombo over graveyards where Muslims are buried. This is on the basis that it is Sri Lankan nationals who are buried there.

On the other hand, for Muslims of Sri Lanka, it may turn out to be a constitutional issue. The Constitution protects every citizen (Muslims included) when it pledges to “safeguard the territorial integrity and sovereignty” of the country. Therefore, officially agreeing with another country to bury a citizen of Sri Lanka in the latter’s soil by itself raises issues. How come what is not good for Sri Lanka is good for Maldives? The remarks of a leading medical practitioner widely reflect this mood. “I was born in Sri Lanka. I have treated all communities alike. I have thus helped my motherland. Why should I be buried in foreign soil? It never happens even to traitors. They are imprisoned or shot dead. When I die, I like to be buried in my own country which I am proud of being a citizen.”

Take for example the Korean war from June 1950 to July 1953. Thousands of American military personnel died and remain unaccounted. According to the US Defence Agency which oversees the list of missing, around 5,300, were lost in North Korea. They said they were aware where exactly they were buried. During his visit to Singapore in March 2018, US President Donald Trump signed an agreement with North Korean leader Kim Jong-un for the return of the remains of US soldiers. Could such a situation be ruled out in the future between Sri Lanka and the Maldives? Of course, the modalities of the burials have not been worked out yet. Who will pay for the flights that carry the bodies and will the next of kin be allowed to travel from Sri Lanka for the final rites? Will they be allowed visits thereafter?

The issue in Sri Lanka is the result of a ban on burials of people who die of Covid-19. In April, the Health Ministry gazetted guidelines which made provision that “the corpse of a person who has died or is suspected to have died of Coronavirus disease (Covid-19) shall be cremated.”  This is based on the opinion of some experts that the bodies, if buried, could contaminate the water table. However, to the contrary, there are other experts who had contended that the virus cannot survive in a dead body. Moreover, as reported earlier, the World Health Organisation (WHO) guidelines allow burials and many countries including the United States and Britain follow this practice.

The newly appointed State Minister for Primary Health Services, and COVID Disease Control, Sudarshani Fernandopulle, has sought the views of 15 microbiologists on the issue of burials. This is whilst a Technical Committee which went into the matter told Health Secretary Major General Dr Sanjeeva Munasinghe, in a letter dated November 11 that they “believe that cremation is the most feasible way out to prevent risk of viral transmissions.”  Other points made:

• Depending on the emerging science, the committee will revisit this decision once in every two months.
• The technical committee will take measures to prepare a guideline for a possible burial methodology in future, assuming a prospect for burial with the scientific evidence.
•  The Committee decided to inform the Health Secretary to explore possible lands, at least one in each district, which is suitable for burial of those who die of COVID-19. It was also suggested to obtain clearance from hydrogeologists, geologists, and other relevant experts by the Ministry of Health before they are being used for burial.
•  In the meantime, it is suggested that the Ministry of Health obtain a report from virologists in Sri Lanka to say that burial of dead persons infected with COVOD-19 is safe.

Justice Minister Ali Sabry who together with a group of leading Muslim businessmen has been campaigning for burials, was disillusioned. Weeks earlier, he threatened to quit his portfolio but came under pressure from Muslim groups to remain. One prominent personality advised him that he should remain in the portfolio and fight. Sabry was elated by the reports that the Maldives had agreed to bury Covid-19 affected Sri Lankans who died. He told a television channel, “In Muslim society cremation is considered as the most disrespectful thing that can be done to a deceased body. If it is not necessary, it is an unbearable thing.

“The world-famous Sri Lankan Virologist Prof Malik Peiris, the person who identified the SARS virus at the Hong Kong University, is an authority on the subject. He said that burning of a COVID infected body is not just tossing it to water. The geologists do not know whether the virus would spread or not. The judicial Medical Officers also do not know.

“The virologist knows. The best virologists are saying bodies should be buried. The WHO is also saying so. Why cannot we get this done? Some youth and factions of the Muslim society are pushed towards extremes. Definitely this would create more extremists.  This is a dangerous situation. If the Maldives can bury bodies of Muslims, Sri Lanka too would have no difficulty in burying Muslims.” His remarks came as other government leaders are considering alternative measures. A senior, respected government politician has called for a study on whether the burials could be carried out placing the body in a thin concrete cylinder. This may also raise issue since Muslim burials require that the body be placed on the soil.

According to well-informed sources in Male, the government appears to have taken a step back after a study of the various aspects of the burial proposals. Sections of the tourist industry were fearful that the image of the Maldives as a world-renowned tourist destination would be affected if it came to be identified as the “graveyard” of the Covid-19 dead of another country. After the Covid-19 outbreak, the Maldives has seen a steady revival of its tourist industry with arrivals on the rise. Several airlines including Gulf Air have resumed flights. Air France is due to resume operations via Male by next week. This has seen the enforcement of stricter health guidelines and a high-pitched advertising campaign in satellite television channels. There was no response to efforts by the Sunday Times to reach the offices of the Maldivian President or the Foreign Ministry. Email messages and telephone calls went unanswered. Other officials shied away from making comment claiming they were unaware.

In contrast, arrival of Maldivians in Sri Lanka, particularly for treatment at hospitals in Colombo, has seen a drastic drop. This is over fears that deaths, particularly due to Covid-19, would see their bodies cremated. Many are known to have shifted to hospitals in Chennai. The same phenomenon has affected Sri Lankan Muslims who are fighting shy of going to hospitals.

In Male, members of the opposition parties castigated the Maldivian Democratic Party-led government for agreeing to burials of Sri Lankan Muslims. It became a national issue. A diplomatic source in Colombo did not rule out the possibility that it is linked to the Presidency of the United Nations General Assembly next year. Foreign Minister Shaheed has given notice to the Asia Pacific Group at the UN in New York that he would contest for the Presidency under his own name. The other contender is Afghanistan which has sought to contest for the Presidency but did not provide the name of the candidate. In such an event, Sri Lanka’s support too would be needed by the Maldives.

This is not the first time the Maldives has backed out from a commitment. In 2002, the Maldives agreed to make available a Twin Otter seaplane (used for tourist travel from island to island) in which then Tiger guerrilla ideologue, Anton Balasingham, could arrive at the sprawling Iranamadu irrigation tank near Kilinochchi. This was for the Norwegian-brokered peace talks. Immigration and Customs officials were despatched from Colombo and took up position in Iranamadu to formally “clear” him. The move saw protests and the then Foreign Minister, late Fathulla Jameel, a popular, and jovial personality who served a long stint, called it off. Since then, Balasingham who arrived from London in Colombo was ferried by a Sri Lanka Air Force (SLAF) helicopter to the Wanni.

PC elections

Another matter of significance this week is the conduct of elections to Provincial Councils. The matter figured prominently at last Monday’s weekly Cabinet meeting and more discussions are on the cards. The Government had earlier wanted to make legislative changes on delimitation and the system of voting as a prelude to the conduct of polls.

However, at least three ministers – Dinesh Gunawardena, Wimal Weerawansa and Bandula Gunawardena – were of the view that the polls should come only after the introduction of a new Constitution. There were also suggestions that it would be useful to consult all political parties ahead of the poll. A further discussion of the matter before the Cabinet is expected next week.

At present, the outlines of a draft are being formulated by an Experts Committee headed by President’s Counsel Romesh de Silva. Prof Naazima Kamardeen, who was named as a Committee member, declined to serve. She was replaced by former Court of Appeal President Justice A.W.A. Salam. Another member, Gamini Marapana PC was replaced by his son Navin Marapana, PC.

The Parliament passed the Provincial Councils Elections (Amendment) Act, No. 17 of 2017, which was certified on September 22, 2017. This was an amendment to the original Provincial Councils Elections Act No.2 of 1988. Under this a Delimitation Committee should be appointed by the President within two weeks of the Act coming into effect. Such a Committee was required to submit its final report within four months to the Minister of Provincial Councils. Accordingly, a report was submitted to the then Minister Faiszer Musthapha PC in February 2018. The report was submitted to Parliament on March 6, 2018 but was taken up for debate on August 24, 2018 and was defeated.

Thus, the Speaker of Parliament was required to appoint a review Committee consisting of five members headed by the Prime Minister. Accordingly, a Committee of five members headed by the then Prime Minister Ranil Wickremesinghe was appointed to investigate the discrepancies in the delimitation report. However, the Committee met only once and failed to submit a report to the President as required.

Former President Maithripala Sirisena in 2019 sought the opinion of the Supreme Court on whether the Provincial Council elections could be held under the old system that prevailed. The Court in its opinion to the President said that the polls could not be held under a new or old system without necessary legal amendments in place. In 2019, several petitions were also filed regarding the delay of PC elections. The Supreme Court held that elections could not be held without a delimitation report. The demarcating of provincial boundaries submitted by the Committee was defeated in Parliament.

Now, the Government must pass an amendment to the Provincial Councils Elections (Amendment) Act to hold the polls under the old system. If it wants to hold the election under the new system, it will be required to go through the delimitation process again and this would take a long period. All nine PCs now remain defunct as their five-year term lapsed at different stages starting from 2017. The Provinces are under Presidential rule through Governors. The terms of the Eastern, North Central and Sabaragamuwa PCs ended in 2017. The terms of the Northern, North Western and Central PCs lapsed in 2018. The terms of the Southern, Western and Uva PCs ended last year.

As is well known, the setting up of Provincial Councils formed a part of the Indo-Sri Lanka Agreement of 1987. This was after the unfortunate ethnic violence in 1983 and was viewed as an instrument of devolution. Yet, the Tamil National Alliance (TNA) that campaigned for it, supported the Yahapalana government to introduce legislation to put off PC polls. This was when the polls were due at end of the terms of the PCs.

Mavai Senathirajah, Leader of Ilankai Thamil Arasu Katchchi (ITAK)- the main constituent party of Tamil National Alliance (TNA) – is of the view that thr Government should conduct the much-delayed PC polls without any further delays since it is the basic ‘power sharing’ mechanism under the 13th Amendment to the Constitution.

He said his party was ready to contest the PC elections but was concerned of comments made by a section of government members. “Nowadays, a section of government is calling for the outright removal of the PCs under 13th Amendment. We never accept this amendment, under a unitary Constitution as solution for the ethnic conflict but always maintained that it would be a starting point for meaningful power sharing mechanism as Indian Premier Narendra Modi highlighted in Parliament during his visit here,” Senathirajah told the Sunday Times.

Senathirjah also stressed that the Government was duty bound to uphold its assurances to India, particularly by Prime Minister Mahinda Rajapaksa who promised to implement the 13 Amendment in full and ‘go beyond to provide meaningful power devolution’ before the war was ended in 2009.

A nationalist group, which backed the Rajapaksas to office, has in the meantime issued a strong statement critical of Prime Minister Mahinda Rajapaksa’s call to hold Provincial Council elections without first abolishing the 13th Amendment. The National Joint Committee stated that the country had done well without these ‘white elephant;’ councils for three years and that holding elections to them was going against the will of the people.

SLFP-SLPP rift

Other than the PC elections over which an uncertainty has arisen after Monday’s discussion at the Cabinet, the Sri Lanka Freedom Party (SLFP), a partner in the Sri Lanka Nidhas Podujana Sandanaya appears to be on the war path with the leaders. The SLFP has reiterated their request for a meeting with President Gotabaya Rajapaksa to resolve several issues, SLFP General Secretary, Dayasiri Jayasekera told the Sunday Times yesterday.

Debunking rumours that the SLFP would quit the alliance, Jayasekera said, “We have several issues and we want them resolved. Before the parliamentary elections, we asked for 58 seats but were only given 26. They promised three Cabinet positions but gave us only two. Yet, we supported the 20th Amendment.”

An immediate concern for the SLFP, he pointed out, were government’s plans to conduct 14,000 small meetings countrywide. “We have not been given a role and our party could get marginalised. This is at a time when another group is trying to form a new political front with those from the Samagi Jana Balavegaya (SJB) and remnants of the SLFP,” he said. Other SLFP sources said their leader Maithripala Sirisena is to summon a joint meeting of the Central Committee and the Political Committee to discuss the current situation.

Mahara prison riots

An ongoing issue is the aftermath of the catastrophe at the Mahara prison on November 29. Last Wednesday, Wattala Magistrate Buddhika Sri Ragala ordered that the bodies of four persons who died be cremated. This came after a panel of experts submitted a confidential report to the Magistrate giving their opinion on how they died. It transpired at the courts that the four had been shot dead — a disturbing revelation particularly in the light of claims by some government leaders that no prisoners were shot dead. This is whilst a Criminal Investigation Department (CID) team is now probing all aspects of the incidents including factional warfare there. On December 23, Magistrate Sri Ragala will hear the findings of the expert panel on seven other prison inmates who died.

The Covid situation

These developments came as the Covid-19 pandemic showed increasing signs of a countrywide spread. Statistics for the period December 1 to 18 show 12,002 confirmed cases. An average for the 18 days in question works out to 666 a day. So much so, Health Minister Pavithra Wanniarachchi was prompted to announce that selected provincial hospitals too would treat coronavirus patients. That is not all. She said leading private hospitals would also be permitted to use hotels to treat patients. On the one hand, officials claim daily that the situation has improved, and clusters were no more. On the other, increased steps are being taken to treat Covid-19 patients. As repeatedly pointed out, therein lies the contradiction that has continued to confuse the public. Should anything more be said about Covid-19 countermeasures being mishandled? Fears that it could go out of control should be cause for concern for the Government.