Features
Human rights and US double standards
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By Daya Gamage
Foreign Service National Political Specialist (ret) U.S. Department of State
In November 2019, President Donald Trump granted clemency to three controversial US military figures charged with war crimes, arguing that such moves would give American troops “the confidence to fight” without worrying about potential legal repercussions. Two army officers were granted full pardons for the murder of Afghans. Trump also restored the rank of a special warfare operator who had been tried for a string of alleged war crimes. It was claimed that the criminal charges were an overreaction to actions taken in the chaos and confusion of battle. Such actions validate the widely-held view that the US does not hold itself to the same standards it tries to impose on them.
If Sri Lanka has an iota of dignity – I am not suggesting a free-for-all with Washington – it should make ‘some’ diplomatic moves on the basis of the following:
The American Service-Members Protection Act (ASPA) was an amendment to the 2002 Supplemental Appropriations Act (House Resolution 4775) passed in response to the 9/11 terrorist attacks and the launch of the so-called Global War on Terror. The ASPA aims to “protect U.S. military personnel and other elected and appointed officials of the Government against prosecution by an international criminal court to which the U.S. is not a party.” Among other defencive provisions the Act prohibits federal, state and local governments and agencies (including courts and law enforcement agencies) from assisting the International Criminal Court (ICC) in The Hague. It even prohibits U.S. military aid to countries that are parties to the Court. In 2002, during the administration of Prime Minister Wickremesinghe, Sri Lanka signed with the U.S. an “Article 98 Agreement,” agreeing not to hand over U.S. nationals to the Court. This was done under pressure during the 2002-2004 ‘Peace Talks’ in which Secretary of State Gen. Colin Powel and his Deputy Richard Armitage were directly involved in lifting the terrorist/separatist LTTE on par with the legitimate government of Sri Lanka.
This shows the hypocrisy and double standards of Washington policymakers who, with no substantial data and evidence, relied on information furnished by an NGO to blacklist former Navy Commander, Admiral of the Fleet Wasantha Karannagoda.
In September 2009, four months after the conclusion of the Eelam War IV, the US Senate Appropriations Committee had mandated that the State Department prepare a report on possible war crimes committed during the final phase of the conflict during 2008-2009 in Sri Lanka. (It should be mentioned that when the ICC decided to send officials during the Trump administration to Washington to interview USG personnel on US atrocities in Afghanistan, USG suspended their visas and declared that the US was a sovereign nation for such interference). The report was completed in October despite acknowledged evidentiary limitations, but the allegations it uncovered of abuses by government officials defined thereafter the policy of the US and some EU countries toward the Government of Sri Lanka (GoSL). The report’s findings, based largely on hearsay, also created an atmosphere of credibility about human rights violations that was exploited for anti-Colombo propaganda by activist sections of the Tamil Diaspora. The US Ambassador-at-Large for War Crimes Issues articulated a double standard that was common in the US foreign policy establishment at that time. He acknowledged “that honestly in a conflict like that against the LTTE it was necessary to use very strong force to defeat a group that was committing horrendous crimes against the civilian population. But on the other hand, that action had to comply with the laws of war.” A democratic government, in other words, was held responsible to rules of warfare that autocratic insurgents were not, even though that would mean that the democratic government could be handicapped in defending its sovereignty, system of government, and domestic rule of law. Such accountability, of course, did not apply to the US.
These disgraceful double standards of Washington policymakers and lawmakers in dealing with Sri Lanka’s ‘national issues’ since the advent of the separatist war in the north in the 1980s are now very broadly dealt with by two personnel who worked within the U.S. Department of State for thirty years in the area of foreign affairs: One is this writer who is a retired Foreign Service National Political Specialist once accredited to the Political Section of the U.S. Embassy in Colombo, and the other, Dr. Robert K. Boggs, a retired Senior Foreign Service (FS) and Intelligence Officer who served as Political Counselor at the Colombo Diplomatic Mission and in many senior positions in the State Department in Washington. Their investigative work is still in progress. Their manuscript ‘Defending Democracy: Lessons in Strategic Diplomacy from U.S.-Sri Lankan Relations” is nearing completion with alarming disclosures, provocative analyses and interpretations based on their up-close and personal knowledge and understanding of Washington’s foreign policy trajectory in Sri Lanka – then and now – and how it used ‘double standards’ in handling its foreign relations with Sri Lanka reducing Sri Lanka to some level of a client state. Sri Lanka’s own infantile behaviour, ignorance of its own strengths and inarticulate manner in which it was handling foreign relations since the 1980s contributed too to become a subservient state allowing ‘national issues’ to become ‘global’ ones.
‘Moral Arbiter’
How can the US be a moral arbiter in the war against terrorism if it has never tried or prosecuted most of the Americans responsible for kidnappings, secret detentions and torture of suspects abroad after 9/11? Why has it so uncritically accepted the civilian casualty figures of international NGOs, however righteously motivated, regarding hostilities in Sri Lanka but consistently rejected them regarding its own collateral killings? And does the U.S. really believe that, because it tries sincerely to minimise harm to civilians, it is morally justified in pursuing tactics that inevitably will cause casualties among non-combatants? If so, do the compulsions of military tactics not similarly exonerate other governments fighting other groups recognised by the international community as terrorists? Are no allowances granted to military forces that do not have the U.S.’ access to precise overhead targeting intelligence and so-called precision weapons? If the U.S. can excuse itself from culpability for civilian deaths it causes in counterinsurgency operations in poor countries far from North America, are foreign governments not also excused for using their full offensive capabilities to defeat domestic terrorists posing immediate threats to their national integrity and democracy? Abuses by the United States do not excuse abuses by Sri Lanka, but U.S. abuses tarnish the U.S.’ moral authority, weaken U.S. claims to international leadership, provoke deep resentment of the U.S., and provoke even more anti-U.S. terrorism.
Contradictory position
Compounding its hypocrisy in Sri Lanka is the long US record of self-righteously shielding its own military from investigation by international human rights tribunals. Since 1986 the USG has adopted the contradictory position of supporting the rule of law in the international system by participating in litigation before the International Court of Justice (ICJ), but at the same time refusing to submit itself to the authority of the International Criminal Court (ICC) on the grounds that this would violate U.S. sovereignty. While Sri Lankan forces were fighting the LTTE, the US was unleashing massive amounts of firepower in Iraq that killed thousands of civilians. In Afghanistan the U.S. allied itself with, and thus strengthened, war lords and provincial officials with strong records as counterinsurgency fighters, but has ignored credible reports of these allies’ corruption and human rights abuses. At the same time, the U.S. has become increasingly reliant in its international campaign against extremism on air power, including armed drones that routinely injures and kills civilians. Yet in September 2018 the US National Security Advisor, John Bolton, threatened sanctions against the “illegitimate” ICC if it investigated credible allegations of war crimes by U.S. military and intelligence personnel in Afghanistan. In earlier diatribes against the ICC, Bolton reportedly acknowledged that the U.S. needed immunity because its use of torture, harsh imprisonment and some counterterrorist tactics constituted crimes under international law, which he dismissed.
At the time that the United States was pressuring Colombo to accept “national, international, and hybrid mechanisms to clarify the fate and whereabouts of the disappeared,” the USG had not itself ratified the UN convention of 2006 requiring state party to criminalise enforced disappearances and take steps to hold those responsible to account. Sri Lanka need not have ‘confronted’ the US, but it had no guts to question it. The US jointly with Sri Lanka during the Wickremesinghe-Sirisena regime presented the 30/1 Resolution in UNHRC in October 2015 for ‘hybrid’ commission.
Despite a resolution passed by the U.S. House of Representatives on November 19, 2020 calling on the USG to ratify the international convention, this still has not happened. The U.S.’ long history of rejecting accountability is strongly rooted in legislation.
Washington has used different standards for the legitimate administration in Sri Lanka which was combating a separatist-terrorist movement, and its overseas advocates, fundraisers and advisors. It needs to be stressed here that Washington ignored the atrocities committed by the Tamil Tigers. A democratic government was made to abide by the rules of warfare, but the terrorists were not required to do so. Such accountability, of course, did not apply to the US.
This point of view may have been based on a legal interpretation common in the past that if a state actor in an internal conflict is a party to international covenants of humanitarian law, the state actor needs to abide by the provisions ratified by the United Nations and is responsible for any violation of International Humanitarian Law (IHL). In contrast, if the opponent of the legally constituted government is an armed non-state actor (ANSA) and therefore not a signatory to international covenants, the general opinion was that it has no obligation to uphold the provisions. However, due to the growing number of internal armed conflicts that emerged over the years, the international community was forced to realize that new interpretations or legal instruments were needed to regulate non-international conflicts with non-state participants.
Common Article 3 of the Geneva Conventions, later Protocol II, several other treaties and customary law all deal with non- international armed conflicts. Neither the U.S. nor the GSL is a signatory of Protocol II, but both are parties to Article 3. The latter requires that each Party to a conflict in the territory of one of the High Contracting Parties is proscribed from a range of inhumane behaviours, including cruel treatment and torture, the taking of hostages, and extra-legal executions. Construed broadly, many of the provisions of the Article are applicable not only to the LTTE fighting cadre but also to non-combatants supporting them by fundraising, propaganda, legal counselling, and the like. If the USG were serious about accountability, it would call for surviving Tiger leaders and their international accessories to be tried in international courts. Any questions about the legality of such action in U.S. courts were resolved in June 2010, when the US Supreme Court upheld a federal law that makes it a crime to provide material support to foreign terrorist organisations, even if that help is itself not violent. Chief Justice John Roberts, writing for the majority, said the law’s prohibition on some types of intangible assistance to groups the State Department determines engage in terrorism does not violate the First Amendment to the U.S. Constitution.
Despite this growing body of support for legal action against non-state terrorists, the USG continues to target only the GSL for human rights violations.
In February 2020, for example, the USG announced sanctions against Sri Lankan military chief Lt. Gen. Shavendra Silva, who served as a division commander leading the final assault against the Tigers. At the end of April 2023, Admiral of the Fleet Wasantha Karannagoda was declared persona-non-grata in the United States by Washington. Secretary of State Mike Pompeo announced that the U.S. would impose individual sanctions against Gen. Silva, denying him and his family admittance to the U.S., “due to gross violations of human rights.” The State Department declared the same, imposing individual sanctions against Karannagoda. Nothing similar has been said or done with regard to the expatriate Tamils, now domiciled in Western countries, who served as advisors and agents to LTTE leader Prabhakaran and his top lieutenants.
In June 2010 the US Supreme Court upheld the federal law criminalizing material support to foreign terrorist organisations in a case brought by the LTTE and the Kurdish PKK, contesting their designations as FTOs. In its written opinion the Court stated, inter alia, that:
“The PKK and the LTTE are deadly groups. It is not difficult to conclude, as Congress did, that the taint of their violent activities is so great that working in coordination with them or at their command legitimises and furthers their terrorist means. Moreover, material support meant to promote peaceable, lawful conduct can be diverted to advance terrorism in multiple ways. The record shows that designated foreign terrorist organisations do not maintain organisational firewalls between social, political, and terrorist operations, or financial firewalls between funds raised for humanitarian activities and those used to carry out terrorist attacks. Providing material support in any form would also undermine cooperative international efforts to prevent terrorism and strain the United States’ relationships with its allies, including those that are defending themselves against violent insurgencies waged by foreign terrorist groups.”
It is clear from the foregoing that the USG has the legal tools to pursue its own residents and citizens who helped to defend and empower the LTTE. Unfortunately, despite more than a decade of efforts to pressure the GSL to accept accountability for war crimes committed by its forces, the USG has not taken commensurate steps to pursue accountability for LTTE supporters at home. There are believed to be thousands of former LTTE activists living safely in the US, Canada, and Europe who have never had to face justice for their roles in enabling more than two decades of vicious crimes and human rights abuses. Many continue to use their foreign domiciles as platforms from which to militate for a separate Tamil homeland and to demonise the Colombo government. Had the USG, coordinating with its law enforcement partners internationally, worked to disable the LTTE’s support network during the war, it could have contributed to a negotiated settlement or at least saved countless lives.
A high-profile example of an expatriate activist in the U.S. is Visvanathan Rudrakumaran, who, according to his own website, served during the war as “international legal advisor to Prabhakaran and in-charge of [the LTTE’s] international and diplomatic affairs.”
This writer and his co-author have gone deep into this issue of Washington’s faulty foreign relations and the blatant double standards when dealing with Sri Lanka. Similarly, we have unearthed how Sri Lanka, since the 1980s, has failed not only to defend herself but her inability to make Washington policymakers and lawmakers conversant with the ground situation. In these series of articles, this writer expects professionals and erudite parliamentarians to bring these matters for public debate even now.
(The writer Daya Gamage is a retired Foreign Service National Political Specialist of the U.S. Department of State once accredited to the Political Section of the U.S. Embassy in Colombo)
Features
Excellent Budget by AKD, NPP Inexperience is the Government’s Enemy
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by Rajan Philips
President Anura Kumara Dissanayake has delivered an excellent first budget. It could easily be described as the best budget so far this century and presented in the most dire economic circumstances in Sri Lanka’s modern history. Following his consummate performance in parliament, the President waded into a post-budget forum and joined the country’s economic experts to “dissect new Govt’s maiden budget,” as headlined by the Daily FT, one of the sponsors of the event. Whether one agrees with him or not, there is no question that AKD has been listening to those who knows the subject, has diligently done his homework on the budget file, and knows what he is doing,.
The problem he faces is that he cannot be doing homework on every file for the entire government, and he must find a way to quickly address the collective inexperience of his cabinet. He should not let this inexperience become the enemy that kills the government from within. Hopefully, he will find a way to address this within the framework of the budget and in the delegation of ministerial responsibilities for its implementation.
Somewhere in the budget, the President refers to economic decentralization, to deconcentrate the top heavy Western Province. Unfortunately, the corollary of political decentralization could not find its place in the text. Equally important, the President should also pay attention to ‘cabinet federalisation’ (AJ Wilson’s description of one of DS Senanayake’s quite a few master traits), and more so as he moves ahead to implement the budget proposals.
Ultimately, the success of the budget will be measured in political terms. Read, electoral terms. AKD’s and NPP’s detractors will be winding themselves for political wrestling in the local and later the provincial council elections. The NPP could be expected to hold its ground, but not necessarily all two-thirds of it. It should not at all be strange if the NPP gains ground in the North and East even as it loses some of it in the South. To keep the inevitable losses to the minimum, the government must eschew any and all complacency, which, modifying Mao’s famous Redbook take on it, could be described as the enemy of elections.
Geopolitically, paraphrasing the French Marxist Regis Debray, the NPP government must have its overhead antennas fully alert, but its feet firmly planted on the ground in Sri Lanka. The government cannot avoid being distracted by the global tumults that Donald Trump is creating day in and day out. There will be ripples, even waves, around Sri Lanka depending on what the Modi government decides to do in India to harmonize with the Trump Administration in Washington. Even so, the government’s primary preoccupation in the context of the turmoil in America should be to protect for as long as possible Sri Lanka’s exports to the US which are significant for Sri Lanka’s forex earnings.
At the same time, and consistent with the budget objectives, even as it diversifies its exports the government must diversify its importers. For the next four years, as Trump unfolds his madness, there will be responsive realignments in the Global North even as there will be reconsolidations in the Global South. The NPP government will have to navigate Sri Lanka through these currents without being smothered by them.
There are of course the self-proclaimed Rajapaksa nationalists who want to hitch their broken political wagons in Sri Lanka to the passing hegemon in America. They are in fact ethno-narcissists just like – but writ-small – the racial narcissist that Trump is. Ridiculous as these forces and their politics might seem, indeed as they are, the government should not underestimate their potential to do harm even by accident. Look at Bangladesh to see how political fortunes can dissipate fast, even though the NPP government is in no way comparable to Sheikh Hasina’s rotten government. The eternal home truth is the quick rise and the quicker fall of Gotabaya Rajapaksa.
Setting the Budget Context
The budget speech outlines as its backdrop the 2022 economic crisis that has now become the Rajapaksa era legacy, and as its context the overwhelming verdict of the people in the 2024 presidential and parliamentary elections. In this context, the President calls the budget both “historic” and “challenging,” because the government has to not only lay the foundation for fulfilling the people’s aspirations, but also to dispel “the wrongful picture (of us) created by the myths and malicious political propaganda against our economic policy and vision.” “We have succeeded in that,” the President asserted.
The government has proved its expectant critics wrong and stabilized the economy. All the indicators confirm that – the relatively stable exchange rate at one USD for LKR 300, and not LKR 400 as recklessly scare mongered; the lowering of the Treasury bill rate (8.8%) and getting inflation under control; forex reserves rising past USD six billion; finalizing agreements over debt-restructuring; and most of all keeping essential goods available and avoiding queues. In fairness, the credit for starting the process of economic stabilization belongs to Ranil Wickremesinghe, but post-election expectations in political circles have been that things will start to unravel due to NPP’s inexperience and even incompetence. That did not happen, and President AKD and the NPP government are justified in claiming credit for it.
Mr. Wickremesinghe may have even fancied that another economic crisis this time under an NPP government would give him a second kick at the can of power. No such luck. RW is now part of a team of exes – former ministers and presidents including Maithripala Sirisena – trying to figure out a way to stay relevant in today’s politics. Looking at this aging crowd outside parliament and its slightly younger version in the opposition within parliament, the NPP might fancy its chances of retaining power for more than one cycle of elections. But what the NPP has to contend with ultimately will not be ill equipped politicians but a frustrated electorate.
Apart from President AKD’s versatile feats, the NPP government has little to show to keep the people contented. Recurring rice shortage, the shortfall in coconuts, and the power outage blamed on a monkey tripping off a transformer have certainly taken the shine off the government. Looked from the other end, rice, coconuts and the power outage seem to the only shortcomings that the government is being picked on by media pundits and the political class. But what should concern the NPP government is that any one of them (rice, coconut or power), all of them together, or any similar shortages or failures, are enough to rile the people and bring down a government. Not long ago, it was called aragalaya.
Budget as Political Reset
The budget speech lays down the principles underlying the government’s approach to the economy: sectoral growth sustained by participation and even distribution on the supply side; and balancing roles for the market and the government on the demand side. A GDP growth rate of 5% is targeted for the medium term, predicated on a strong export sector performance while maintaining price stability and ensuring social welfare. Promoting investments, leveraging logistics, revamping tourism, digital transformation of the economy, and unleashing SME potentials through new credit structures are highlighted as the main growth poles. Allocations for health, education, food security, and social benefits are intended to rebuild and strengthen country’s social welfare system.
There is emphasis on Regional Development, including the assurance of special programmes for the Eastern Province, the Malayaga Tamils, and the Northern Province, but there is no mention of Provincial Councils and Local Government bodies and their agency roles in regional development. Regional industrial zones are identified including the promotion of Chemical Manufacturing in Paranthan, KKS and Mankulam in the Northern Province, Galle in the South and Trincomalee in the East. If some of them were to materialize the North and East might be seeing state sponsored industrial activity after more than 70 years when GG Ponnamabalam was Minister of Industries and Fisheries.
Auto Parts and Rubber Products manufacturing is also identified for promotion through industrial zones. What is not clearly indicated is whether new regional industrial initiatives will be tied to the export sector without which they may not be viable, as past experience has shown. Also, on the export front there is no identification of specific products and target markets to match the significant export sector growth that is being championed. Generally, for industries, there should be guardrails for minimizing and mitigating adverse environmental effects.
The budget rightly focuses on the modernization of public transport. Specific projects are identified for bus transport in Colombo and for the rail sector, including the revamping and the extension of the KV Line, multi-modal transport terminal in Kandy, and the expansion of the Thambuththegama Railway Station to function as a hub for transporting agricultural products. Large scale transport projects and rail transport are invariably the responsibility of the central government, but bus transport operations including those in Colombo and Kandy are better assigned to provincial and even larger municipal governments.
The budget provides for settling the legacy debt of the Sri Lankan Airlines (SLA) in the hope that SLA would hereafter become a viable enterprise. For other SOEs, the budget is proposing the setting up of a Holding Company again with the hope of revitalizing the mostly under-performing State Owned Enterprises (SOEs). Whether this approach is motivated by patriotic sentiments or political calculations, there is little support for it from past experience, except for enterprises in the crucial servicing and energy sectors.
The budget gets quite specific in its proposals for the agricultural and food sectors, especially rice and coconuts. At long last, there is official admission at the highest level that there is no data and information system for the “entire value chain” from paddy production to rice consumption. There is no immediate solution to this except the assurance to find one through the ADB funded “Food Security Livelihood Emergency Assistance Project” and a related World Bank project.
Coconuts are easy to count and difficult to hide. Some 4,500 million nuts are the projected demand for 2030, with 2,700 for the coconut industry and 1,800 for household consumption – at one per household per day. The problem is with production and the budget is allocating money for high yielding seedlings to be used in a new Northern Coconut Triangle extending from the coconut rich Northwestern Province, recommended by the Coconut Research Institute and mirror imaging the long established Southern Coconut Triangle. Better later than never, even when it comes to nuts.
All in all, the budget provides a good framework for the NPP government to reset its political road map. To succeed, the resetting must involve delegations at the ministerial level and following through to local communities and political grassroots. Equally important will be the medium in between, and the challenge to the NPP government is in resurrecting and using the currently defunct provincial and local government agencies.
Features
The Murder of a Journalist
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By Anura Gunasekera
Commencing with Premakeerthi de Alwis in 1986 and concluding with Lasantha Wickrematunge in 2009, 40 accredited Sri Lankan journalists and media personnel, 31 of them of Tamil, have been murdered or died violently. Of these, 31 occurred between April 2004 and March 2009, during the Mahinda Rajapaksa tenure, initially as Prime Minister and then as President. His younger brother Gotabaya, later president himself, was the Defence Secretary of the country from 2005 to 2015.
During the above period, apart from those killed, many were abducted, assaulted and /or tortured, and intimidated in various other ways. A few left the country in fear of their lives. Most, if not all of those journalists, unsurprisingly, had been vocal critics of the government. With the defeat of the Rajapakse government in 2015, all harassment of journalists ceased, abruptly.
Of the above killings, those of Lasantha Wickrematunge (LW) and that of Richard de Zoysa in 1990, as well as the disappearance of Prageeth Ekneligoda in 2010 are, for a variety of reasons, not least the international outrage and condemnation, considered the most prominent. The most disturbing commonality across all these crimes is that none have been comprehensively investigated and the perpetrators punished.
In fact, despite pointers regarding the identity of the masterminds- circumstantial but compelling – and the very public nature of most of the actual incidents themselves, investigations have been either obstructed or stifled, through intimidation of potential witnesses, misleading autopsies, the enthusiastic pursuit of patently false lines of investigation, deliberately disingenuous official statements and, not infrequently, the suppression or disappearance of physical evidence.
The murder of Richard de Zoysa is again in the limelight on account of the recent film, “Rani”, although any hope of the crime being solved is almost zero. The murder of LW has been publicly profiled in the last few weeks, due to the order for the discharge, by the Attorney General (AG), of three suspects linked to events consequent to the murder, on the grounds of insufficient evidence.
Since the murder of LW, four successive governments have assured the country and the international community, that the case would be comprehensively investigated and those responsible punished. The slain Lasantha Wickrematunge had become an international metaphor for delayed justice. The present NPP government, led by president Anura Kumara Dissanayake, made the investigation of previously unsolved crimes, including that of Lasantha’s murder, and the cleansing of corrupt government systems, a cornerstone of its election manifesto. The sweeping victory of the NPP at the recent general elections was largely due to the faith that the electors placed in those promises.
Why is the case of Lasantha Wickrematunge so important?
Investigative Journalists play a vital role in maintaining a free and open society, by providing the public with critical information, holding power to account and exposing corruption and injustice. In that context, LW played a major role through his paper, “The Sunday Leader” which, week after week, exposed the massive corruption within the Rajapaksa regime, citing specific transactions and quite often linking acts of malfeasance to then President Mahinda Rajapaksa, his brother and Defence Secretary Gotabaya, or to close associates of the Rajapaksa family and the regime.
LW’s silence was worth more to the Rajapaksa family in particular, than to anybody else in the country. In fact, LW’s murder was apparently preceded by an unsuccessful attempt, in 2007, by Mahinda Rajapaksa himself, to broker the sale of the paper to an investor of his choice, the offer being made to Lal, LW’s brother (Page 234- Unbowed and Unafraid- Raine Wickrematunge). The only possible reason for a president of a country to personally seek the divestment of ownership of an outspoken newspaper, is control of its narrative content and direction.
Two years later Lasantha’s assassination paved the way for the exercise of this option.
In Sept 2012, businessman and alleged Rajapakse associate, Asanga Seneviratne, many of whose property development and investment deals had been criticized at various times by the “Leader”, bought a 72% stake in the “Leader” and its sister newspaper, “Iruresa”. In the same month Frederica Jansz, then editor of the “Leader” and long-time colleague of LW, was summarily dismissed from her position. In May 2015 the “Leader”, now under a decidedly Rajapaksa-friendly dispensation, tendered an unconditional apology to Gotabaya Rajapksa for a series of articles it had run, during LW’s tenure as editor, on the indisputably questionable method of purchase of MiG-27 aircraft from Ukraine, for the Sri Lanka Air Force. Udayanga Weeratunga, relative of the Rajapaksa family, as then Sri Lanka’s ambassador to Ukraine, allegedly played a major role in facilitating the said transaction. According to Ahimsa, LW’s daughter, LW was on the verge of exposing the highly complex and sordid details of the deal in entirety, when he was murdered (The MiG deal; Why My Father Had To Die- Groundviews-01/08/21).
The above is just one of the hundreds of expose’s featured by LW and he very rarely got it wrong. Very few other journalists in recent decades – the late Victor Ivan was one other- so courageously and in such minute detail, addressed the sins of those in power as LW did. They were issues that many journalists avoided, a self-regulation on truthful journalism brought about as a conditioned survival mechanism, in response to the brutal repression of those who dared to write the truth about power.
LW’s last writing- “Then They Came For Me”– published posthumously and now a classic of Asian journalism, was a chillingly prophetic prediction of his own death, pointing an accusatory finger at his erstwhile friend, then president Mahinda Rajapaksa.
The death of any human being diminishes society but the death of a fearless journalist, who holds a mirror to the foibles of society and power, diminishes our world in a special way; especially a world such as ours where leaders, irrespective of political colour, have proved to be treacherous, unreliable, corrupt, mercenary and nepotistic.
On the 27th of January, Parinda Ranasinghe Jr, Attorney General (AG) of Sri Lanka, ordered the release – citing lack of evidence to proceed with indictments – of Ananda Udalagama, implicated in the abduction in August 2009 of Karunaratne Dias, LW’s driver, and DIG Prasanna Nanayakkara and Sub-inspector Sugathapala, both implicated in the disappearance of a notebook recovered from LW’s vehicle after his murder. Consequent to immediate and widespread criticism and physical demonstrations against this order, it has since been rescinded.
In this episode the primary, indisputable principle, is that it is entirely at the AG’s discretion, to decide whether or not to charge a suspect, taking in to account the validity of admissible evidence available, and the prospect of securing a conviction. The political body has no right suggest a review of such a decision, or to compel the AG to consider such a review, irrespective of the importance of the case. At the same time it is also assumed that the AG and his department will carry out their duties impartially, irrespective of past loyalties – if any – and current personal prejudices, especially in relation to sensational cases involving those previously and currently in power.
Assuming that the release order was issued after a comprehensive analysis of the available evidence, the subsequent reversal is baffling, to say the least. Is it that the AG, or the legal officers responsible, consequent to a re-assessment of available material, suddenly realized that they had a made a serious error of judgment? Or did the AG’s department cave in to political and public pressure and decide to change its decision?
If the AG had braved both public and political displeasure and held fast to the original decision, it would have been perfectly acceptable and even commendable. However, it is now being reported in responsible mainstream newspapers, that the rescinding of the original decision is a response to a request by the Criminal Investigation Department (CID), to give it more time to act on the AG’s order, on account of the controversy surrounding the issue. The official version now appears to be that what is now in place is a suspension of the original decision, and not a reversal.
In the meantime, Ahimsa, through her publicized letter of February 14 to Anura Meddegoda, President of the Bar Association of Sri Lanka, has censured him for his hypocritical support of the AG and his position in this episode. She has supported her position by reference to Meddegoda’s protest against a similar order by the AG, under very similar circumstances, when it involved the murder of one Indika Prasad, allegedly by members of the Special Task Force. The interests of the victim’s wife were represented by Meddegoda.
Ahimsa has condemned the AG’s position in this matter, in the said letter citing seemingly convincing evidence available against the three suspects named earlier. She has even called for the impeachment of the AG, on the grounds that in ordering the discharge of the suspects, he has deliberately chosen to ignore vital evidence.
For an ordinary citizen such as the writer, with only a minimal understanding of criminal law, an analysis of the legal validity of the AG’s management of the case in question is not possible. But, still, to the writer and to several million other citizens who helped to bring the NPP in to power, the delivery of justice in matters of public corruption, politically motivated murders and similar crimes, are issues of supreme importance.
Fearless journalists such as Lasantha Wickrematunge paid with their lives for their reportage and public exposure of the crimes of the politically powerful. The justice for such crimes is owed, not only to the family members of the slain, but to the nation itself. It ceased to be a private, Wickrematunge family project a long time ago.
President AKD has steadfastly maintained that his regime will not interfere with ongoing legal processes, unlike previous regimes which seemed to often guide the hand of the law, in cases which featured those in power, unfavourably. However, what may be prudent and necessary, if justice is to be finally done, is intervention and course correction at critical stages, to ensure that public officers entrusted with relevant responsibilities do not lose sight of both the principle and the objective.
Features
My Dog Tosca
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My Dog Tosca
Michael Patrick O’Leary
We did not delude ourselves that we owned her. My title is a reference to JR Ackerley’s memoir, My Dog Tulip. JR Ackerley was adistinguished British man of letters. His dog was, in reality, a German Shepherd called Queenie. My Dog Tulip is an account of their sixteen-year companionship, as well as a meditation on the peculiarity of all relationships.
When we first moved to Sri Lanka in 2002, we rented a large plantation bungalow on the outskirts of Bandarawela in Uva province in the hill country. There were four huge bedrooms each with a large bathroom containing a deep bath with cast iron ball and claw feet. We strongly suspected that the house was haunted, but that is material for another article.
I noticed Tosca on my way to the kade. She had a horrible abscess hanging out of one eye but had a very benign expression. Dogs are not supposed to smile but she seemed to do so, beatifically. She seemed to take to us and, somewhat nervously, started approaching our house. One night we noticed her sleeping in a drain near the house and she was not alone. A female companion, who later became known as Daisy, was huddling with her for warmth.
We gradually adopted these two as our own, although we could not delude ourselves that we owned them.
Unfortunately, Tosca, in particular, became prey to the rampaging males of the area and was often subjected to gang-rape. One rather timid fellow we named The Suitor, was in flagrante when Hendrick, a disreputable one-eyed old roué of an ageing rock star who lived on the estate and considered he had prior rights, urinated on The Suitor in mid-coitus. Some people pay good money for that in Moscow hotels (allegedly).
The result of all this male attention was a litter of pups. One very small black and tan one died soon. Two of them were later found homes and given the names Lucky (a bad choice) and Sando (I had called him Tufton Bufton). More of those later. Silky remained with us and moved to a new with us.
When the pups were first born, Tosca was perhaps not an ideal mother. One got the feeling that she thought a different kind of life was her due. She remained rather plump after the pregnancy and she reminded me of one of those 1950s blonde pneumatic movie stars like Mamie van Doren or Jayne Mansfield (I’m showing my age here, readers). She would often abandon the pups and come to hide from them with us in the sit-out around the back of the house. The little monsters always managed to find her and squawk and bite and scratch at her abused undercarriage.
Luckily, we knew a good vet and she was able to perform surgery at our home to remove the abscess from the eye and to sterilise Tosca. A lot of veterinary attention was needed. On one occasion, she seemed very ill and was hiding in the bushes. The vet thought she might have been poisoned. We took her to the Veterinary Faculty at Peradeniya University in Kandy, where she was admitted for observation. Tosca loved motor travel. In fact, she demanded to get in the car whenever we went shopping. Children looked in and told their parents there was a beautiful dog in the car. She serenely took such compliments as her due. If she saw another dog passing by she would bark at it imperiously.
The journey to Peradeniya was not too difficult, but Tosca clearly did not think the accommodation at the veterinary faculty was up to the standards to which she had become accustomed. When we went to collect her after six days she was very huffy and walked briskly to a white car and demanded to be let in. Unfortunately, it was someone else’s car.
When we moved to our own house, Tosca, Daisy, Hendrick and Silky came with us. The intricate social dynamics of this ménage, particularly the antics of Tosca and Daisy in their lesbian love nest, must be the subject for another article (or scholarly thesis or porn movie). We retrieved Sando from his adoptive parents. He was no longer the grumpy fellow we had known before. He was now a perfect gentleman, which caused Silky to bully him mercilessly.
Tosca continued to enjoy her status as motor-mutt with the bonus of long walks through the tea estate and mud-baths, the dirtier the better. She is no longer with us. Like most street dogs, she once had a home with humans who abandoned her. She endured with dignity. She survived a long time after being diagnosed with mouth cancer. I am not ashamed of appearing sentimental when I say that I hope we added something to her life.
In the New York Review of Books, Catherine Schine reviewed an animated movie version of JR Ackerley’s memoir My Dog Tulip.
“What strained and anxious lives dogs must lead, so emotionally involved in the world of men, whose affections they strive endlessly to secure, whose authority they are expected unquestionably to obey, and whose mind they never can do more than imperfectly reach and comprehend. Stupidly loved, stupidly hated, acquired without thought, reared and ruled without understanding, passed on or ‘put to sleep’ without care, did they, I wondered, these descendants of the creatures who, thousands of years ago in the primeval forests, laid siege to the heart of man, took him under their protection, tried to tame him, and failed—did they suffer from headaches?”
(“Michael Patrick O’Leary is an Irish citizen who has lived in Sri Lanka with his Sri Lankan wife since since 2002.
More of his writing can be found on Substack. Please subscribe . It’s free! https://moleary.substack.com)
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