Features

Counselling the Human Rights Council: A perspective by the Pathfinder Foundation

Published

4 years ago

2021/01/31

As the 46th session of the UN Human Rights Council (HRC) looms large in about a month’s time, the debate on its controversial Resolution 30/1 of 2015, which the ‘Yahapalana Government’ co-owned in an unprecedented and unwise move, has resumed with renewed vigour.

This is because the Res. 30/1 adopted in 2015 ‘runs out’ this year and the HRC, egged on by the so called ‘core group’ of Western countries – the pilots of 30/1- will feel obliged to take stock of the situation and see where they want to go from here.

That Resolution 30/1 is in a class by itself in both form and content would be obvious to any reasonably literate person, including its most ardent supporters.

Even the harshest critic of Res. 30/1 and its spin-offs must concede that it was a bold move about a seemingly intractable situation. However, it is also probably the first instance in the history of the HRC, that a supposedly sovereign and independent country co-authored a UN Resolution containing an array of highly intrusive, unconstitutional and unimplementable demands directed at itself.

It probably scores another first in that the self-authored Resolution touches upon a range of governance matters, which are generally considered the exclusive preserve of the domestic jurisdiction of the authoring Member state itself viz, Sri Lanka. There does not appear to be any precedent of such self-inflicted State action in UN records.

In advance of the 34th Session, way back in 2017, the Pathfinder Foundation urged the then government to undertake renegotiation of the HRC resolution, based on ground realities in Sri Lanka, rather than seeking a postponement of consideration of the situation in the country.

It may be unique as well, for the reason that in no other democratic country a HRC resolution had been so instrumental in delivering so massive an electoral defeat to the incumbent government that cosponsored the resolution.

The HRC and the fellow internationals that generally get busy exploring how to ‘helpfully intervene’ in Sri Lanka about this time every year, must understand the reality that it is a function of the free franchise in one of the two oldest democracies in South Asia.

There was a groundswell of opinion in this country against the resolution, which was initiated by a group of countries, who had only a limited understanding of Sri Lanka. It was seen as a blatant interference in a small sovereign nation by virtually forcing it to ‘outsource’ the oversight of and judgment on many governance matters to a secretariat in distant Geneva.

Even those in Sri Lanka and abroad, who believed that successive regimes in Sri Lanka have accumulated quite an inventory of post conflict challenges to address, felt that Resolution 30/1 was a ‘bad template’ for HRC to promote international cooperation on human rights. This was because some provisions of that resolution had failed elsewhere (the so-called Hybrid Courts in Cambodia); some were unconstitutional/unimplementable (foreign judges): a watching brief on governance matters was conferred on a Secretariat based in Geneva and a dedicated UN office in Colombo was proposed for the oversight of these activities. That all these were at variance with the UN Charter, was of no concern to the ill-advised Core- Group on Sri Lanka.

This kind of ham-handed innovations to existing international law and institutions that can even contribute to regime change is not a good model to propound, if the HRC is serious about encouraging and persuading countries, particularly those of the developing world, to work in cooperation with the Council.

Instead, the Council would have been well-advised to develop and propose robust and independent domestic accountability processes, supported where necessary, by international cooperation in technical assistance, advisory services, best practices etc.

Pathfinder believes such an approach, which is advisory, rather than retributive in nature will:

work within normal national and international legal norms;

serve as a model for other countries needing such services, to cooperate with the UN; and

not function as a disincentive for countries that are willing to voluntarily cooperate.

So, it was no surprise that the Sri Lankan Foreign Minister was obliged, consequent to the electoral mandate the newly elected government had received, to announce the government’s withdrawal of co-sponsorship of Res. 30/1 at the 45th session of the HRC.

So, what next?

Has Sri Lanka’s inventory of accountability and reconciliation issues become non-existent? Obviously not.

Has HRC enhanced its credibility for promoting templates to encourage countries with difficult and complex issues in this field to cooperate with the Council? Obviously not.

Will countries with a good track record of voluntary cooperation, continue to do so in the face of such new, intrusive and unconstitutional modalities? Obviously not.

The current context and a way forward

On the High Commissioner for Human Rights (HCHR) side, the Secretariat has felt obliged to issue yet another heavily front–loaded report this year with even more intrusive recommendations. Some of them sound bizarre to say the least, as they refer to now familiar western parlance of ‘targeted measures, assets freeze’ and so on. Even if one sets aside the rather offensive and unrealistic nature of such utterances against a sovereign country, which had consistently and continuously cooperated with the HRC, it must be clear to anyone that these ‘innovations’ are counterproductive as far as addressing the real issues of cooperation were concerned, for no country will accept such invasive measures.

Such actions will face hugely divided votes in the UN General Assembly and definite vetoes in the Security Council. Apart from the feel-good factor for the enthusiastic sponsors, they have little or no practical value for addressing the real issue at the ground level.

On the GOSL side, even as it pulled out of the co sponsorship of 30/1 owing to electoral compulsions, Colombo has made it clear (at the HRC itself) that the withdrawal of co-sponsorship does not mean a withdrawal of Sri Lanka’s responsibilities concerning reconciliation and accountability. President Rajapaksa himself, while emphasizing that the country will not rule out the possibility of walking out of any entity that will not respect the accepted principles of sovereignty and independence of countries, did affirm that his government is fully committed to international cooperation including with the UN on SDGs, which of course include human rights, peace and justice related matters.

It is also a fact that Sri Lanka has continued to work effectively with various Special Procedure Mandates or Rapporteurs of HRC. If these Rapporteurs were unable to visit the country in the recent past, that was not due to change of policy by the government. As we all know, 2020 was an extraordinary year with COVID 19 taking its toll worldwide.

There are openings one can make use of and elements one can build upon, if we are serious about encouraging international cooperation among sovereign countries rather than unacceptable unilateral coercion.

If this is not done, and common ground is not created, Pathfinder is of the view that there are two options available to the sponsors of the initiative and to Sri Lanka at the forthcoming HRC session:

(a) Acknowledge the need to continue to address and resolve issues of accountability and reconciliation in Sri Lanka by preserving and building upon progress made so far (e. g. Office of Missing Persons, Compensation, Rehabilitation, Socio-economic upliftment etc.) and in that regard, offer and receive international cooperation where necessary, including with the UN, for technical assistance and advisory services.

(b) If, however, the sponsors continue to insist on undeliverable and unconstitutional solutions (eg. as in Res 30/1 and 40/1), Sri Lanka to completely withdraw from the HRC process and work towards a domestic consensus on the matter.

During the nearly 30 years of an injurious conflict, Sri Lanka remained a good example of cooperation with external entities including the UN on human rights and humanitarian matters, despite many complex countervailing factors (security, political, diplomatic and economic). The UN Secretary General’s Special Representative Olara Otunnu, who visited Sri Lanka in 1998 said so in reference to Govt’s continued supply of food, medicine, health, education and other essential services to the LTTE ‘controlled’ areas. It would therefore be a pity, if such willing Member States are dissuaded from continuing such policy by HRC pitching their prescription bars at an undeliverable and un-constitutional height.

In such an eventuality, Sri Lanka and like-minded Member States will be obliged to press such resolutions to a highly divisive vote in the Council. Even if the resolution is adopted by a slim majority, Sri Lanka is most likely to ignore it and pitch her bilateral ‘economic tents’ with countries that vote in its favour. Such a resolution will not therefore help the cause of accountability and reconciliation one bit and will simply add to the considerable number other resolutions already ignored by countries like China, Cuba, India, Israel, the U.S., and so on. Even if it is elevated to the UNGA, it will suffer a highly divided vote and a definite veto in UN Security Council.

Pathfinder believes that only a negotiated consensual way forward, rather than unilateral actions either by Sri Lanka or the initiators of any resolution, will advance the cause of human rights in Sri Lanka at this difficult juncture. Adding to the paperwork at the HRC with no prospect of implementation at the ground level will not enhance the utility or credibility of HRC’s tool kit for international cooperation in human Rights. Of course, such a resolution will help increase the ‘feel good factor’ on the part of the Core-Group on Sri Lanka.

In conclusion, the Pathfinder Foundation would like to ask as to whether the Core-Group on Sri Lanka expects to get its job done by resorting to confrontation and browbeating of a member state, instead of cooperating and engage in consultation? If the answer is yes, then those countries representing the South in the HRC will think deeply before they cast their vote in support of another meaningless and intrusive resolution.

This is the PATHFINDER VIEW POINT of Counselling the Human Rights Council issued by the Pathfinder Foundation. Readers’ comments via email to pm@pathfinderfoundation.org are welcome.

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Features

High govt. revenue and low foreign exchange reserves High foreign exchange reserves and low govt. revenue!

Published

2 days ago

2025/03/21

Thilina Walpola

First shipment of vehicles imported to Sir Lank after the lifting the ban on automobile imports

Government has permitted, after several years, the import of motor cars. Imports, including cars, were cut off because the government then wisely prioritised importing other commodities vital to the everyday life of the general public. It is fair to expect that some pent-up demand for motor vehicles has developed. But at what prices? Government seems to have expected that consumers would pay much higher prices than had prevailed earlier.

The rupee price of foreign exchange had risen by about half from Rs.200 per US$ to Rs.300. In those years, the cost of production of cars also had risen. The government dearly wanted more revenue to meet increasing government expenditure. Usually, motor cars are bought by those with higher incomes or larger amounts of wealth. Taxes on the purchase of cars probably promote equity in the distribution of incomes. The collection of tax on motor cars is convenient. What better commodity to tax?

The announced price of a Toyota Camry is about Rs.34 million. Among us, a Camry is usually bought by those with a substantially higher income than the average middle-income earner. It is not a luxury car like a Mercedes Benz 500/ BMW 700i. Yes, there are some Ferrari drivers. When converted into US dollars, the market price of a Camry 2025 in Sri Lankan amounts to about $110,000. The market price of a Camry in US is about $34,000, where it is usually bought by income earners in the middle-middle class: typically assistant professors in state universities or young executives. Who in Lanka will buy a Camry at Rs.34 million or $110,000 a piece?

How did Treasury experts expect high revenue from the import of motor cars? The price of a Toyota Camry in US markets is about $34,000. GDP per person, a rough measure of income per person in US, was about $ 88,000 in 2024. That mythical ‘average person’ in US in 2024, could spend about 2.5 month’s income and buy a Toyota Camry. Income per person, in Lanka in 2024, was about $ 4,000. The market price of a Camry in Lanka is about $ 133,000. A person in Lanka must pay 33 years of annual income to buy a Toyota Camry in 2025.

Whoever imagined that with those incomes and prices, there would be any sales of Camry in Lanka? After making necessary adjustments (mutatis mutandis), Toyota Camry’s example applies to all import dues increases. Higher import duties will yield some additional revenue to government. How much they will yield cannot be answered without much more work. High import duties will deter people from buying imported goods. There will be no large drawdown of foreign exchange; nor will there be additional government revenue: result, high government foreign exchange reserves and low government revenue.

For people to buy cars at such higher prices in 2025, their incomes must rise substantially (unlikely) or they must shift their preferences for motor cars and drop their demand for other goods and services. There is no reason to believe that any of those changes have taken place. In the 2025 budget, government has an ambitious programme of expenditure. For government to implement that programme, they need high government revenue. If the high rates of duties on imports do not yield higher government revenue as hypothesised earlier, government must borrow in the domestic market. The economy is not worthy of raising funds in international capital markets yet.

If government sells large amounts of bonds, the price of all bonds will fall, i.e. interest rates will rise, with two consequences. First, expenditure on interest payments by government will rise for which they would need more revenue. Second, high interest rates may send money to banks rather than to industry. Finding out how these complexities will work out needs careful, methodically satisfactory work. It is probable that if government borrows heavily to pay for budgetary allocations, the fundamental problem arising out of heavy public debt will not be solved.

The congratulatory comments made by the Manager of IMF applied to the recent limited exercise of handling the severity of balance of payments and public debt problems. The fundamental problem of paying back debt can be solved only when the economy grows fast enough (perhaps 7.5 % annually) for several years. Of that growth, perhaps, half (say 4 % points) need to be paid back for many years to reduce the burden of external debt.

Domestic use of additional resources can increase annually by no more than 3.5 percent, even if the economy grows at 7.5 percent per year. Leaders in society, including scholars in the JJB government, university teachers and others must highlight the problems and seek solutions therefor, rather than repeat over and over again accounts of the problem itself.

Growth must not only be fast and sustained but also exports heavy. The reasoning is as follows. This economy is highly import-dependent. One percent growth in the economy required 0.31% percent increase in imports in 2012 and 0. 21 percent increase in 2024. The scarcity of imports cut down the rate of growth of the economy in 2024. Total GDP will not catch up with what it was in (say) 2017, until the ratio of imports to GDP rises above 30 percent.

The availability of imports is a binding constraint on the rate of growth of the economy. An economy that is free to grow will require much more imports (not only cement and structural steel but also intermediate imports of many kinds). I guess that the required ratio will exceed 35 percent. Import capacity is determined by the value of exports reduced by debt repayments to the rest of the world. The most important structural change in the economy is producing exports to provide adequate import capacity. (The constant chatter by IMF and the Treasury officials about another kind of structural change confuses the issue.) An annual 7.5 percent growth in the economy requires import capacity to grow by about 2.6 percent annually.

This economy needs, besides, resources to pay back accumulated foreign debt. If servicing that accumulation requires, takes 4% points of GDP, import capacity needs to grow by (about) 6.6 percent per year, for many years. Import capacity is created when the economy exports to earn foreign exchange and when persons working overseas remit substantial parts of their earnings to persons in Lanka. Both tourism and remittances from overseas have begun to grow robustly. They must continue to flow in persistently.

There are darkening clouds raised by fires in prominent markets for exports from all countries including those poor. This is a form of race to the bottom, which a prominent economist once called ‘a policy to beggar thy neighbour (even across the wide Pacific)’. Unlike the thirty years from 1995, the next 30 years now seem fraught with much danger to processes of growth aided by open international trade. East Asian economies grew phenomenally by selling in booming rich markets, using technology developed in rich countries.

Lanka weighed down with 2,500 years of high culture ignored that reality. The United States of America now is swinging with might and main a wrecking ball to destroy that structure which they had put up, one thought foolishly, with conviction. Among those storms, many container ships would rather be put to port than brave choppy seas. High rates of growth in export earnings seem a bleak prospect. There yet may be some room in the massive economies of China and India.

Consequently, it is fanciful to expect that living conditions will improve rapidly, beginning with the implementation of the 2025 budget. It will be a major achievement if the 2025 budget is fully implemented, as I have argued earlier. Remarkable efforts to cut down on extravagance, waste and the plunder of public funds will help, somewhat; but not enough. IMF or not, there is no way of paying back accumulated debt without running an export surplus sufficient to service debt obligations.

Exports are necessary to permit the economy to pay off accumulated debt and permit some increase in the standard of living. Austerity will be the order of the day for many years to come. It is most unlikely that the next five years will usher in prosperity.

By Usvatte-aratchi

Features

BLOSSOMS OF HOPE 2025

Published

2 days ago

2025/03/21

Thilina Walpola

An Ikebana exhibition in aid of pediatric cancer patients

This Ikebana exhibition by the members of Ikebana International Sri Lanka Chapter #262, brings this ancient art form to life in support of a deeply meaningful cause: aiding the Pediatric Cancer ward of the Apeksha Cancer Hospital, Maharagama and offering hope to young warriors in their fight against illness.

Graceful, delicate, and filled with meaning—Ikebana, the Japanese art of floral arrangement, is more than just an expression of beauty; it is a reflection of life’s resilience and harmony. “Blossoms of Hope”, is a special Ikebana exhibition, on 29th March from 11a.m. to 7p.m. and 30th March from 10a.m. to 6p.m. at the Ivy Room, Cinnamon Grand Hotel and demonstrations will be from 4p.m. to 5p.m. on both days.

Each floral arrangement in this exhibition is a tribute to strength, renewal, and love. Carefully crafted by skilled Ikebana artists, who are members of the Chapter. These breathtaking displays symbolize the courage of children battling cancer, reminding us that even in adversity, beauty can bloom. The graceful lines, vibrant hues, and thoughtful compositions of Ikebana echo the journey of resilience, inspiring both reflection and compassion.

Visitors will not only experience the tranquility and elegance of Japanese floral art but will also have the opportunity to make a difference. Proceeds from “Blossoms of Hope” will go towards enhancing medical care, providing essential resources, and creating a more comforting environment for young patients and their families.

This exhibition is more than an artistic showcase—it is a gesture of kindness, a symbol of solidarity, and a reminder that hope, like a flower, can grow even in the most unexpected places. By attending and supporting “Blossoms of Hope”, you become a part of this journey, helping to bring light and joy into the lives of children who need it most.

Join in celebrating art, compassion, and the Power of Hope—one flower at a time.

Features

St. Anthony’s Church feast at Kachchativu island

Published

2 days ago

2025/03/21

Thilina Walpola

Fort Hammenhiel

The famous St. Anthony’s Church feast this year was held on 14 and 15 March. St. Anthony, as per Catholic belief, gives protection and looks after fishermen and seafarers like me. Many Buddhist seafarers are believers in St. Anthony and they usually keep a statue of the saint in their cabins in the ship or craft.

St. Anthony died on 13th June 1231 at age of 35 years, at Padua in Holy Roman Empire and was canonized on 30 May 1232 by Pope Gregory IX.

I was unable to attend last year’s feast as I was away in Pakistan as Sri Lanka’s High Commissioner. I was more than happy to learn that Indians were also attending the feast this year and there would be 4,000 devotees.

I decided to travel to Kankesanturai (KKS) Jaffna by train and stay at my usual resting place, Fort Hammenhiel Resort, a Navy-run boutique hotel, which was once a prison, where JVP leaders, including Rohana Wijeweera were held during the 1971 insurrection. I was fortunate to turn this fort on a tiny islet in Kytes lagoon into a four-star boutique hotel and preserve Wijeweera’s handwriting in 2012, when I was the Commander Northern Naval Area.

I invite you to visit Fort Hammenhiel during your next trip to Jaffna and see Wijeweera’s handwriting.

The train left Colombo Fort Railway Station on time (0530 hrs/14th) and reached KKS at 1410 hrs. I was highly impressed with the cleanliness and quality of railway compartments and toilets. When I sent a photograph of my railway compartment to my son, he texted me asking “Dad, are you in an aircraft or in a train compartment? “

Well done Sri Lanka Railways! Please keep up your good work. No wonder foreign tourists love train rides, including the famous Ella Odyssey.

Travelling on board a train is comfortable, relaxed and stress free! As a frequent traveller on A 9 road to Jaffna, which is stressful due to oncoming heavy vehicles on. This was a new experience and I enjoyed the ride, sitting comfortably and reading a book received from my friend in New York- Senaka Senaviratne—’Hillbilly Elegy’ by US Vice President JD Vance. The book is an international best seller.

My buddy, Commodore (E) Dissanayake (Dissa), a brilliant engineer who built Reverse Osmosis Water Purification Plants for North, North Central and North Western provinces to help prevent chronic kidney disease is the Commodore Superintendent Engineering in the Northern Naval Area. He was waiting at the KKS railway station to receive me.

I enjoyed a cup of tea at Dissa’s chalet at our Northern Naval Command Headquarters in KKS and proceeded to Fort Hammenhiel at Karainagar, a 35-minute drive from KKS.

The acting Commanding Officer of Karainagar Naval Base (SLNS ELARA) Commander Jayawardena (Jaye) was there at Fort Hammenhiel Restaurant to have late lunch with me.

Jaye was a cadet at Naval and Maritime Academy, (NMA) Trincomalee, when I was Commandant in 2006, NMA was under artillery fire from LTTE twice, when those officers were cadets and until we destroyed enemy gun positions, and the army occupied Sampoor south of the Trincomalee harbour. I feel very proud of Jaye, who is a Commander now (equal to Army rank Lieutenant Colonel) and Commanding a very important Naval Base in Jaffna.

The present Navy Commander Vice Admiral Kanchana Banagoda had been in SLNS ELARA a few hours before me and he had left for the Delft Island on an inspection tour.

Commander Jaye was very happy because his Divisional Officer, when he was a cadet, was Vice Admiral Kanchana (then Lieutenant Commander). I had lunch and rested for a few hours before leaving Karainagar in an Inshore Patrol Craft heading to Kachchativu Island by1730 hrs.

The sea was very calm due to inter-monsoon weather and we reached Kachchativu Island by 1845 hrs. Devotees from both Sri Lanka and India had already reached the island. The Catholic Bishop of Sivagangai Diocese, Tamil Nadu India His Eminence Lourdu Anandam and Vicar General of Jaffna Diocese Very Rev Fr. PJ Jabaratnam were already there in Kachchativu together with more than 100 priests and nuns from Sri Lanka and India. It was a solid display of brotherhood of two neighbouring nations united together at this tiny island to worship God. They were joined by 8,000 devotees, with 4,000 from each country).

The church

All logistics—food, fresh water, medical facilities—were provided by the Sri Lanka Navy. Now, this festival has become a major annual amphibious operation for Navy’s Landing Craft fleet, led by SLNS Shakthi (Landing Ship tanks). The Navy establishes a temporary base in a remote island which does not have a drop of drinking water, and provides food and water to 8,000 persons. The event is planned and executed commendably well under Commander Northern Naval Area, Rear Admiral Thusara Karunathilake. The Sri Lankan government allocates Rs 30 million from the annual national budget for this festival, which is now considered a national religious festival.

The Indian devotees enjoy food provided by SLN. They have the highest regard for our Navy. The local devotees are from the Jaffna Diocese, mainly from the Delft Island and helped SLN. Delft Pradeshiya Sabha and AGA Delft Island. A very efficient lady supervised all administrative functions on the Island. Sri Lanka Police established a temporary police station with both male and female officers.

As usual, the Sinhalese devotees came from Negombo, Chilaw, Kurunegala and other areas, bringing food enough for them and their Catholic brothers and sisters from India! Children brought biscuits, milk toffee, kalu dodol and cakes to share with Indian and Jaffna devotees.

In his sermon on 22nd December 2016, when he declared open the new Church built by SLN from financial contributions from Navy officers and sailors, Jaffna Bishop Rt Rev Dr Justin Bernard Ganapragasam said that day “the new Church would be the Church of Reconciliation”.

The church was magnificent at night. Sitting on the beach and looking at the beautiful moon-lit sea, light breeze coming from the North East direction and listening to beautiful hymns sung by devotees praising Saint Anthony, I thanked God and remembered all my friends who patrolled those seas and were no more with us. Their dedication, and bravery out at sea brought lasting peace to our beloved country. But today WHO REMEMBERS THEM?

The rituals continued until midnight. Navy Commander and the Indian Consul General in Jaffna Sai Murali attended the Main Mass.

The following morning (15) the Main Mass was attended by Vice Admiral Kanchana Banagoda and his family. It was a great gesture by the Navy Commander to attend the feast with his family. I had a long discussion with Indian Consul General Jaffna Sai Mulari about frequent incidents of Indian trawlers engaging in bottom trawling in Sri Lankan waters and what we should do as diplomats to bring a lasting solution to this issue, as I was highly impressed with this young Indian diplomat.

The Vicar General of the Jaffna Diocese, my dear friend, Very Rev Father P J Jabarathnam also made an open appeal to all Indian and Sri Lankan fishermen to protect the environment. I was fortunate to attend yet another St. Anthony’s Church feast in Kachchativu.

By Admiral Ravindra C Wijegunaratne WV,

RWP& Bar, RSP, VSV, USP, NI (M) (Pakistan), ndc, psn,
Bsc (Hons) (War Studies) (Karachi) MPhil (Madras)
Former Navy Commander and Former Chief of Defense Staff
Former Chairman, Trincomalee Petroleum Terminals Ltd
Former Managing Director Ceylon Petroleum Corporation
Former High Commissioner to Pakistan