Features
Post-War Reconciliation Process: Human Rights violation
By Dr. S.W. Premaratne
Attorney-at-Law
At each session of the United Nations Human Rights Council (UNHRC), in Geneva, at which the Post-War Reconciliation Process in Sri Lanka was considered, special attention was drawn to the issue of alleged violation of human rights, and humanitarian law, during the last stage of the war, and also the need for taking remedial steps for improving the human rights situation in Sri Lanka. In this article, attention of the reader is drawn to the inconsistency, and contradictory nature of the policy, adopted by successive governments, in Sri Lanka, in response to the role played by the United Nations, and the adverse effect of the failure on the part of the Sri Lankan government to be guided by a consistent and diplomatically pragmatic policy.
Joint Statement of the UNSG and the President of Sri Lanka in 2009
Immediately after the conclusion of the war, in May 2009, the United Nations Secretary General (UNSG), Ban Ki-moon, paid a visit to Sri Lanka and, after a discussion with President Mahinda Rajapaksa, a joint statement was issued on May 23, 2009. According to the Joint Statement, Sri Lanka agreed to attend to the immediate needs of the people, affected by the war, and to initiate a reconciliation process, with the objective of achieving durable peace and economic development, for the benefit of all sections of the Sri Lankan population. The President also gave an assurance, to the UNSG, to attend to the matters that need the most urgent attention, such as the re-settlement of Internationally Displaced Persons (IDP), reconstruction of damaged infrastructure, rehabilitation and reintegration of former child soldiers, and ex-combatants, to civilian life. Of course, the Mahinda Rajapaksa government did not hesitate to attend to most of the above-mentioned immediate needs of the war-affected people, in the North-East.
In the joint statement of the UNSG and the President of Sri Lanka, the most significant part was the expression of the Sri Lankan government’s commitment to the promotion and protection of human rights, in keeping with the international human rights standards, and Sri Lanka’s international obligations. It is also very significant that the UNSG underlined the importance of an accountability process for addressing the violations of international humanitarian and human rights law. According to the joint statement, the President agreed to the need for establishing a mechanism for holding an independent investigation into the allegations of serious violations of human rights, and humanitarian law, both by the LTTE and the Sri Lankan armed forces, committed during the last stage of the war. In expression of Sri Lanka’s strong commitment to fulfill the obligations, in respect of promoting human rights, the Sri Lankan government made a proposal, entitled “assistance to Sri Lanka in the promotion and protection of human rights,” to the UNHRC, on May 27, 2009.
The Sri Lankan government, thereafter, proceeded to appoint the Lessons Learnt and Reconciliation Commission. The LLRC has made a comprehensive analysis of the causes of the conflict and the remedial steps that should be taken by the government for restoration of durable peace and reconciliation. Regarding the issue of violation of human rights, the following recommendations were made by the LLRC:
(i) Launching a full investigation into incidents of disappearance of persons, after surrender to official custody, and, where necessary, instituting prosecutions. According to the LLRC recommendations, instituting prosecutions against the offenders is an imperative, also for the purpose of clearing the good name of the Sri Lankan Army “who have, by and large, conducted themselves in an exemplary manner, in the surrender process”.
(ii) To investigate the specific instances, referred to in the Report, and any reported cases of deliberate attacks on civilians. If the investigations disclose the commission of any offences, appropriate legal action should be taken to prosecute/punish the offenders.
(iii) Regarding the controversial “Channel 4 Video” the LLRC recommended an independent investigation to find out the truth, or otherwise, of the video footage. If such investigation reveals the commission of any offences, it is necessary to prosecute such offenders.
(iv) The Commission also recommended the investigation of alleged disappearances and provide material to the Attorney General to institute criminal proceedings.
(v) The LLRC also brought the attention of the government to instances of persons being detained in custody for a long period of time, under the Prevention of Terrorism Act.
Although the government, led by President Mahinda Rajapaksa, initially indicated its willingness to fulfil the commitments undertaken, with respect to the violation of human rights, and humanitarian law, by the Sri Lankan armed forces and the LTTE, on the occasion of issuing the joint statement with the Secretary General, it became clear, subsequently, that the political leaders in power, led by President Rajapaksa, did not have the political will to act. They were guided by the mindset that by defeating the LTTE, who were generally recognized, at that stage, as a terrorist movement, the Sri Lankan armed forces had been able to unite the country and restore peace after making innumerable sacrifices and, therefore, there was no need for a reconciliation process.
The sponsors of the Resolution 19/2, adopted before the UNHRC, in Geneva, in 2012, required the Sri Lankan government to implement the recommendations of the LLRC. The need for holding an investigation into the allegations of serious violations of human rights, and humanitarian law, during the last stage of the Eelam War IV, was emphasised in the UNHRC Resolutions, adopted in 2012, and the subsequent resolutions, adopted in 2013 and 2014.
Regarding the involvement of the international community, as members of the United Nations and the UNHRC, in a reconciliation process, the attitude of the Mahinda Rajapaksa government was that Sri Lanka being a sovereign state, the other countries, or even the UN, had no right to interfere with or make any recommendations, regarding the settlement of domestic issues of Sri Lanka. The representatives of the Sri Lankan government, who participated in the UNHRC sessions, argued that the officials of the UN and the UNHRC, interfering in the domestic issues of Sri Lanka, amounts to violation of sovereignty of this country. Therefore, such interventions are illegal and as such Sri Lanka was not bound to implement these recommendations of the UNHRC. Regarding the allegation of serious violations of human rights, the response of the Sri Lankan government was that Eelam War IV was a humanitarian operation, conducted strictly in adherence to human rights law, and humanitarian law, and in the course of the military operations, violations of human rights were committed, only by the LTTE.
Regime change in 2015
A change of attitude, towards the involvement of the international community, could be observed during the Yahapalana administration, led by President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe (2015-2019).
The representatives of the Sri Lankan government, at the UNHRC sessions, in Geneva, co-sponsored the Resolution 30/1, which required the Sri Lankan government to hold a credible investigation, by a hybrid tribunal, consisting of both local and foreign judges, to investigate alleged violation of human rights, and humanitarian law, by the members of the armed forces, and the LTTE, during the last stage of the war.
It can be stated that the Sri Lankan government, at that stage, adopted a pragmatic approach by co-sponsoring the resolution. At that stage, the Sri Lankan government felt the state of insolation from the international community, including India, that supported the sponsors of the Resolution against Sri Lanka. The Yahapalana government perceived serious negative consequences if the Sri Lankan government continued to oppose the UNHRC resolutions.
The Yahapalana government also took several constructive steps that contributed towards the creation of a conducive environment for meaningful reconciliation. Foreign Minister of Sri Lanka, Mangala Munasinghe, who participated in the UNHRC sessions, during which the Resolution 30/1 was co-sponsored, informed the UNHRC that the government would initiate a domestic mechanism, after consulting all parties who have a stake in an effective reconciliation process. The Yahapalana government was able to establish domestic mechanisms, such as the Office of Missing Persons (OMP), and the Office for Reparations. These institutions were able to function effectively, at the initial stage. Signing of the International Convention, on the protection of all persons from enforced disappearance, on May 25, 2016, and drafting a Bill for the repeal of the Prevention of Terrorism Act, are some of the progressive steps taken by the Yahapalana government.
Recapture of Political Power by Rajapaksa brothers
The Presidential election, held in November, 2019 and the General elections, in August 2020, brought back to power same political leaders who ruled the country, prior to 2015. This change of government resulted in the reversal of the Sri Lankan government’s policy towards involvement of the UN in the reconciliation process in Sri Lanka. The government, led by the Rajapaksa brothers, opposed the Resolutions brought before the UNHRC, in Geneva, against Sri Lanka and adopted the same confrontationist approach towards the UN’s involvement in the reconciliation process. Co-sponsoring the Resolution 30/1 and co-operating with the UNHRC, by the Yahapalana government, was projected to the Sri Lanka electorate, during the election propaganda campaigns, as an unpardonable betrayal of the armed forces, and the Sri Lankan nation, by the Yahapalana government.
46th Sessions
The Resolution, titled “Promoting reconciliation, accountability and human rights,” was adopted by the UNHRC, in Geneva, on March 23, 2021, during the 46th Sessions. By this resolution, a mandate was given to the High Commissioner for Human Rights for initiating a fresh inquiry, outside Sri Lanka, regarding the accountability issues. In this resolution, there is a provision according to which the Office of the High Commissioner for Human Rights is authorized to take on the role of collecting evidence to be used in such prosecutions in the future.
Foreign Minister Prof. G.L. Peiris, making a statement to Parliament of Sri Lanka, subsequent to the adoption of the Resolution before the UNHRC, stated that by the adoption of this resolution, the UN sought to interfere in matters essentially within the domestic jurisdiction of Sri Lanka. He further stated that there was no moral right to interfere into affairs of a sovereign country in this manner. The Minister said that “Sri Lanka categorically rejects this unprecedented proposal in the Resolution”.
48th, 49th and 50th Sessions of the UNHRC
In the reports submitted by the UN High Commissioner for Human Rights, Michelle Bachelot, at the 48th, 49th and 50th Sessions of the UNHRC, she brought the attention of the Sri Lankan government to the concerns of the UNHRC, regarding inadequate progress in the human rights situation, and also the inadequate action taken regarding the investigation of alleged human rights violations, during the last stage of the war.
Her reports also dealt with the various aspects of human rights violations that occurred in Sri Lanka, under the Rajapaksa administration. She made special reference to the increasing militarization of the civil functions of the government, intimidation and harassment of human rights defenders, and journalists, and members of civil rights organizations, which criticized government policies, and detention of individuals, for long periods of time, without trial, under the Prevention of Terrorism Act.
In the report submitted at the 49th sessions, the High Commissioner stated that the OHCHR had already established a “Sri Lanka Accountability Project” and even allocated funds for it. In the report submitted at the 50th Sessions also she referred to this “Accountability Project” outside Sri Lanka, which may have serious consequences a far as Sri Lanka’s relations with leading democratic countries are concerned, especially at a time Sri Lanka is grappling with a veryserious economic crises.
Anti-government protests in Sri Lanka
Only a few hours after President Ranil Wickremesinghe assuming duties of his office, the armed commandos of the Police and troops of the security forces were used to disperse the peaceful, unarmed protesters from the Presidential Secretariat area of the Galle Face, in the early hours of 22nd July. Attention of the international community has been drawn to the undemocratic step of imposing a State of Emergency, and initiating an operation for arresting the protesters who played a leading role in the protest campaign. A message from the US and the Sri Lanka core-group of the UNHRC stated: “The Human Rights Council Sri Lanka Core-Group is dismayed at the violation which took place at Galle Face. We call for full respect for human rights and rule of law”.
Even prior to this unlawful act of attacking the protesters, on July 22, the Special Rapporteur on Freedom of Peaceful Assembly, in his report to the UNHRC, at the 50th Session, held in June 2022, had already warned that Sri Lanka police frequently appear to respond to protests by arresting their participants, in violation of the right to freedom of peaceful assembly”.
Conclusion
The fact that the core-group, and their supporting members of the UNHRC, are determined to go ahead with a project, outside Sri Lanka, for investigating the allegations of serious violations of human rights, and humanitarian law, during the last stage of the war, and continued vigilance of the democratic members of the UNHRC, regarding the deteriorating human rights situation in Sri Lanka, after the conclusion of the war, has caused irreparable injury to Sri Lanka’s friendly relations with these countries. There is no doubt that the Sri Lankan government is now concerned about the highly damaging consequences of the failure to adopt a consistent and diplomatically pragmatic policy in respect of the role assumed by the UN to ensure that Sri Lanka would initiate and proceed with a credible and transparent reconciliation process after the conclusion of the war.
Features
‘Lord Edgware Dies’
It has been some time since I read an Agatha Christie, the plot of which I cannot remember. So, I was delighted to find on the shelves of a friend Lord Edgware Dies, which I had a vague memory of, but no certainty about who had done it.
When I read it, I found that my memory of who was probably the killer was correct, but I could not be certain and the red herrings Christie threw in were so diverting that until almost the very end I wondered if I had been wrong.
The plot is very simple. Jane Wilkinson, who is married to Lord Edgware, tells him that she is desperate for a divorce since she is in love with a very proper Anglo-Catholic peer, Lord Melton, but Edgware refuses to divorce her. She asks Poirot to talk to him, which he does, and is surprised to find that Edgware has told Jane he is prepared to give her a divorce. This was, after he had categorically refused, through a letter, which Jane said she had not received.
That night Edgware is murdered, after Jane had been to see him, or so the butler said, and also Edgware’s secretary. But Jane had been that evening at a grand dinner many miles away, where a dozen fellow guests could swear to her presence.
There was a solution however to the mystery of two Jane Wilkinsons, namely a skilful impersonator called Carlotta Adams who, in the opening chapter had impersonated Jane Wilkinson, who had also been at the performance. But when Poirot goes to see her, he finds that she had been found dead on the morning after Edgware had been killed, of an overdose. And in her bag was a gold case, with a strange inscription, that contained the drug, along with a pair of pince-nez.
Her maid said she had written a letter to her sister in America and posted it the previous night. Poirot asks Inspector Japp to get the letter, and a transcript is received from America, and in it the name of Edgware’s nephew Ronald Marsh is mentioned; he had taken Carlotta to dinner after her performance, with which the book opens, and had then set her a challenge. Japp arrests Marsh, but Poirot is not happy and asks for the original of the letter, which the sister sends him. That shows that a page is missing, and the tear is obvious, though that raises the question as to why it had not simply been cut.
Matters are further complicated by the fact that Marsh had gone in a taxi to the Edgware house, along with Edgware’s daughter Geraldine, in the interval of an opera which had previously seemed to provide them with cast iron alibis. Geraldine had gone in to fetch her pearls so that Marsh could raise money he needed, and thus had an opportunity to kill Edgware, as did Marsh, for the driver said he had got out of the taxi while waiting and gone into the house.
Marsh explained why he had gone to the house on the night of the murder as having followed Bryan Martin, an American actor, who had been in love with Jane, whom he saw go into the house with a key. But there was no one visible when he entered, and Geraldine almost immediately came down and they left together. And Martin too has become an object of suspicion to Poirot, for he had been to see him before the murders were discovered with a story of being followed by a man with a gold tooth – a story Poirot immediately realized was false when he was asked how old the man was, and was told he was young, for young people did not have gold teeth.
A heap of French money Edgware had got for a trip to Paris was missing, but since Marsh had no need for it after his cousin’s offer of help, Poirot deduces that it must have been taken by the butler, who has disappeared. Christie has stressed that he is astonishingly handsome, unusual in a butler, and Poirot notes a resemblance to Martin, so he thinks the mysterious man going into the house must have been him.
Incidentally, later Poirot assumes that Edgware’s change of mind was because he was involved in some scandal, and I believe Christie intends us to see the cause of this in his handsome butler, though this is not specified.
Meanwhile, Poirot has asked Japp to find out the provenance of the case found in Carlotta’s handbag, and it turns out to have been made in Paris, specially commissioned, and collected by a woman with pince-nez.
But then another murder occurs—that of another guest at the grand dinner, which provided Jane with her alibi. The victim is an actor who had been bemused when Jane, at a lunch, thought the Judgment of Paris referred to the city. He told Hastings he wanted to see Poirot, but was killed before he could get to the appointment. Poirot had rushed there when told about his request, but it was too late.
Meanwhile, Poirot has tried out the pince-nez on Edgware’s secretary, but she could not see through these. It was only a chance remark heard outside the theatre that led him to try them out on Wilkinson’s maid Ellis, a spare pair that had been appropriated for the night of the murders.
Poirot then lays things out, having summoned Martin and told him that he probably suppressed Edgware’s letter, as he had been dropped by then and he did not want Jane to marry another. But after teasing Martin, Poirot says that Jane was in fact the murderer, and she got Carlotta to impersonate her at the dinner while she went to the house and killed her husband. After meeting Carlotta later and checking with her through a call that she had
not been rumbled, Jane had gone ahead with the murder – she put veronal into her drink and the case with veronal into the handbag. She forgot to take out the pince-nez she had used earlier to imitate an American. Carlotta had registered as the American in a hotel and Jane had gone to see her, and there they exchanged identities. After seen the letter, she made use of it by tearing off the page that referred to her, and the S of She, so that the person who had challenged Carlotta to impersonate her seemed to be a man.
There is a coda in which Jane, condemned to death, writes to Hastings, still full of pride at her ingenuity hoping she will be remembered.
Features
Desilt reservoirs, learn from our ancient irrigation systems
by Prof. O. A. Ileperuma
Silting of reservoirs is a major problem today affecting our hydropower production and irrigation systems. The main Mahaweli reservoirs are silted to a considerable extent reducing the water holding capacity of them. Due to poor soil management practices, floodwaters deposit large amounts of silt in these reservoirs. When the Polgolla reservoir was fully drained about two years back, one could see mountains of silt in the lower reaches of the reservoir. A rough estimate is that 50% of the total capacity of these reservoirs has been lost to siltation. This is a serious issue which affects not only power and agriculture but also flood control.
Our ancient irrigation systems ensured that desilting of reservoirs took place under royal decree where all users of the reservoirs were ordered to carry out desilting of reservoirs during the dry season. The clay thus collected was used in making bricks for the construction of great stupas which dot the landscape of our ancient kingdoms. This ensured that the reservoirs had their full capacity filled with water for the next cultivating season. Our ancient kings were clever enough not to construct reservoirs by blocking main rivers such as the Mahaweli. A classic example is the Minipe left canal where they tapped only the surface water of Mahaweli. Even the bigger tanks such as Nuwara Wewa and Parakrama Samudraya were fed with minor rivulets. There were also other ingenious features in the cascade irrigation systems built by the ancient kings, such as mud sluice canals and forest reservations between the reservoirs in the cascade system. These reservations helped trap silt and remove excess nutrients, which could otherwise contribute to increasing salinity as water flowed from one reservoir to another.
- Parakrama Samudraya
- Kalawewa
- Kotmale
A classic engineering marvel is the former Yoda Ela, which carries water from Kalawewa to Nuwara Wewa and Tissa Wewa. It is 87 km long although the straight distance between these points is only about 40 km. The gradient of this canal is about 10 cm per km or 6 inches per mile. Yodha Ela functions as a moving reservoir and feeds about 4,600 hectares of paddy lands. It is a winding canal with about 120 smaller reservoirs on its way. It was constructed during the reign of King Dhatusena around 459 AD and later expanded by King Parakramabahu by connecting more reservoirs to the network. Unfortunately, during the Mahaweli project our modern-day engineers constructed a concrete canal replacing the winding path of this Yoda Ela also called Jaya Ganga. This effectively removed the ability of the old Yoda Ela to remove silt and nutrients. The bank of this Ela has wet zone trees such as jak and areca nut growing well. They take up the nutrients from the flowing stream making the water suitable for irrigation later.
Ancient Mesopotamian civilisations depended on dams constructed along the two main rivers, Euphrates and Tigris. After continuous irrigation of their fields over several thousand years, salinity of the irrigated lands increased making them unsuitable for agriculture. People died due to famine and this clearly illustrates the danger of blocking main rivers for agriculture. There is scientific evidence that the salinity of paddy soils in the Mahaweli C area is increasing.
We saw the devastation caused by Cyclone Ditwah. The sluice gates of the Kotmale Reservoir were opened, and Kandy and Peradeniya were flooded. If the reservoir had had greater storage capacity, couldn’t the opening of the gates have been delayed? This may not be an argument that modern-day engineers would readily accept, and I am not an irrigation expert. These ideas may well be naïve. But most of us tend to think of reservoirs mainly in terms of hydropower generation and irrigation, while their role in flood control receives much less attention. The question therefore deserves serious consideration. Could restoring lost reservoir capacity through desilting help improve our ability to manage extreme rainfall and reduce flood risks?
Desilting our reservoirs should be considered a national priority.
Features
Losing out to Ethiopia
Export diversification – Missing the wood for the trees – Part III
by Gomi Senadhira
In Sri Lanka, the word “Ethiopia” is often used as disparaging slang to describe individuals or areas experiencing extreme poverty, starvation, or severe economic hardship. This linguistic habit originated in the 1980s with the Western media coverage of the devastating Ethiopian famine of 1983-85. That media coverage shocked the world but also left an outdated and offensive global stereotype that the country is permanently starving. Much has changed since then. By now, with an annual growth rate of around 9%, it is the fastest-growing economy in sub-Saharan Africa. Ethiopia has also emerged as a highly competitive exporter and is challenging not only its competitors in the region but also countries like Sri Lanka. This article is on how Sri Lanka has lost ground to Ethiopia (and a few other countries) in the GCC markets for agricultural and floricultural products.
Sri Lanka – A Pioneer in the Agriculture and Floricultural Market in the GCC
As discussed in Part II of this article, by the mid-1980s Sri Lanka had established a strong foothold in the GCC’s fruit, vegetable, and floricultural market. Geographical proximity and well-established shipping and air links gave Sri Lanka a strong comparative advantage over Southeast Asian and African nations. Thailand, Vietnam, and Kenya were not even in the market. At that time, Ethiopia was experiencing (as BBC news reports described) “a biblical famine”.
The market was not very large, but it was lucrative and growing. Trade Minister Lalith Athulathmudali as well as the Chairman of the Export Development Board, Victor Santiapillai, who visited Kuwait (and the GCC countries), recognised the market potential for these products and encouraged us to continue with our work. The minister was particularly keen to further develop links between the market for these products, exporters, and his Export Production Villages (EPVs). So, it was becoming a successful case not only for export diversification but also for transferring gains from exports directly to rural households.
From Trailblazer to Tailender
As a result, even by the beginning of this century Sri Lanka had a larger market share than most of its competitors from Asia or Africa. But since then, our competitiveness has weakened significantly. The tables below provide a comparative snapshot of Sri Lanka’s performance vis-à-vis Thailand, Vietnam, Kenya and Ethiopia in the GCC market for vegetables, fruits and floricultural products. As illustrated therein, in 2001 Sri Lanka was ahead of Thailand, Kenya and Ethiopia in this small but rapidly growing market. Since then, we have fallen behind Thailand, Kenya and many other countries in that lucrative market. If this trend continues, Sri Lanka will fall behind Ethiopia within the next few years. (See Table 1)
In the GCC market for vegetables (covered in HS chapter 07), Sri Lanka was ahead of most other competitors in 2001. As illustrated in Table 1 , Sri Lanka had failed to develop this market, while Thailand, Kenya, and even Ethiopia had very efficiently increased their market shares. The GCC is a market to which Sri Lanka can supply some vegetables, like cabbages, by sea. It appears Sri Lanka had also failed to exploit this mode of supply.
We can see a similar trend in the market for fruits. Vietnam, Kenya, and Thailand have emerged as major players, while exports from Sri Lanka have staggered on slowly. In this segment, Vietnam has emerged as a leading player during the last twenty years and the GCC imports from Viet Nam have shot up from US$44 thousand in 2001 to US$346 million by 2024. In part one of these articles, I discussed the remarkable increase of jackfruit exports from Vietnam “…just $3 million in 2015 to an impressive $236.8 million in 2023” while most of our jackfruit production rots under the trees. This explains how countries develop their markets, geographically and product-wise. (See Table 2)
Sri Lanka’s performance has been weakest in the market for floricultural products (HS Chapter 06), which groups live trees, cut flowers, and ornamental foliage. When we first entered the market in the 1980s, the market was dominated by the Netherlands, and Kenya and Ethiopia were not even in the market. At that time, we identified the Gulf states as a market where Sri Lanka could have a dominant presence due to geographical proximity. Even in 2001, Sri Lanka was ahead of Kenya, Ethiopia, and Thailand. But by now, Kenya has emerged as the dominant supplier. Ethiopia is also expanding its market share and is the third-largest exporter. (See Table 3)
Missing the Wood for the Trees
In the mid-1980s, Sri Lanka first established its foothold in the GCC market. Since then, Thailand, Vietnam, Kenya, and even Ethiopia have moved well ahead of us and have become leading players. Why did we lag behind in our export diversification efforts in general and, more particularly, in the GCC market?
The reasons are very clear. After the initial attempts in the 1980s and early 1990s, Sri Lanka has not been proactively involved in identifying, developing, and promoting new products and markets, or protecting and further developing new markets already established. The focus has simply been on traditional exports: tea, coconut, cinnamon, and garments, while other products were almost ignored. In essence, we have been and continue to focus intensely on a narrow group of products and markets, and we have lost sight of the bigger picture.
(The writer can be reached at senadhiragomi@gmail.com)
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