Realistic response to present daunting challenges essential

by Gnana Moonesinghe

We went through a debilitating three decade war that intruded into civilian space in all parts of the country resulting in an acrimonious fallout of the Sinhalese and Tamils fighting for rights and space within Sri Lanka.

Over a long period of time the Tamil community had enjoyed an unequal share of professional and public sector employment, a cause for disgruntlement among the Sinhalese. The war between the Sinhalese and the Tamils engaged not only the armed forces but also the attention of the entire nation. It debilitated the nation’s development and growth and its potential remained unexploited.

Yet once violence erupted there was no attempt by the Sinhala majority or the Tamil minority to attempt to reach a fair resolution of the problem. The majority nursed its demographic advantage while the minority placed their faith in democracy and the need to secure equal rights and space in the country without realizing that in an unequal situation, minorities cannot expect to gain that.

The war ended in 2009 and the terrorist leader was killed along with many of his cadres including children sacrficed to buy time. Accusation that children were used as cannon fodder in the battlefront were levelled against the terrorists while the army was accused of using excessive force during the course of the war, especially towards its end.

The failure to resolve the accountability issue created and continues to create bitterness among the international community, the diaspora and among Lankans themselves. It will not be correct to say that we are being unfairly attacked; that is to move to the shady side of untruthfulness. International opinion is that the country is not addressing the issues with a view to settlement and ensuring justice and accountability with those found culpable brought to justice. That people cannot commit crimes with impunity and avoid accountability is axiomatic.

Reconciliation?

The war ended in 2009 and it is over a decade since hostilities ceased. Who is to initiate the move for reconciliation? The SL govt believes that it is subject to unfair persecution while the international community wants answers to its many questions and quick resolution of the conflict. There are questions to which answers must be found; they cannot to be overlooked. The response from the Lankan perspective seems to be aimed at ‘external’ initiatives purportedly established by resolution 46/1 while domestic processes are vigorously addressing relevant matters.

The expression ‘vigorously’ can be classified as an exaggeration or bordering on the untruthful; no doubt at some time or other certain matters have been taken up as a response to the general hue and cry when recriminations were on centre stage and some initiatives were undertaken. But when the noise abated, these matters often lost steam. The UN’s Human Rights High Commissioner on a compromising note decided to confine investigation to “emblematic” cases.

Responses to international demands for investigation into rights violations

Some efforts to respond to the concerns of the international community were part of the LLRC and the Paranagama reports. The problem rests with a failure to implement recommendations suggested by these reports. To take refuge in the face value of setting up these commissions without a follow-up is not what these countries are looking for. When queries on investigation are raised, it would be misleading to consider them as a part of the geopolitical interests of the international community or an intrusion into the sovereignty of the country.

No doubt investigation and resolution of UNHRC concerns is long overdue. The LLRC Report which has gained universal recognition as a pathfinder can be the starting point.The SL govt has failed to address this matter with the urgency it requires. My hope is that sanity will return, investigations will be undertaken, the guilty punished and the innocent exonerated. What is necessary is to remember the purpose behind procedures for investigating war crimes. To keep repeating that some evidence – as in the case of the Darusman report – was denied to SL on the basis of confidentiality will be to be in a state of denial. It is possible for new evidence to be collected to complete the task. The facts/evidence so collected can be used to prosecute in the criminal courts or even to further accommodate investigations.

Military administration

The Sri Lankan govt has widely involved the military in the administration of the country. High Commissioner Bachelet considers the military administration to have a ‘corrosive (negative) impact’ on governance. The Sri Lankan government denies militarization of the administration and also that the military administration could be ‘corrosive’ as alleged. However that be, an urgent response to Bachelet and to the international community investigating rights violation is necessary. There must be a response to Resolution 46/1 whichever way the question is looked at.

EU visit and the future of GSP+ for SL

Over and above these concerns, Sri Lanka is now hosting an EU delegation reviewing trade concessions withdrawn in 2011 and thereafter re-granted in 2017 after a review of issues involved. We can’t afford to forego these concessions under which 7,500 Lankan products enter the EU market under favorable tariffs. This translates into thousands of jobs for those working in the manufacturing and support services. Losing this market particularly in the present depression will not be an acceptable proposition.

SL has roused the wrath of the EU whose parliament adopted by a majority of 628 to 15 the call for a suspension of GSP+. There has been a demonstrably low human rights performance here. A questionable law and order situation has arisen with Minister Lohan Ratwatte’s recent antics. He has since resigned his prisons portfolio while retaining gems and jewelry. A clear violation of law and order has been demonstrated. The EU officials visiting SL will review whether we are abiding by the requirements to extend the GSP+ trade concession.

SL falters on Agreements

Apart from the rights violations SL has not abided by the agreement to withdraw the PTA. Since then there has been violation of this particular Act . It is said that under the provision of this Act, 11 organizations have been banned. It is for the EU delegation to inquire into the allegations and decide on their validity. We must ask ourselves whether we can afford to offend the international community particularly in the context of covid, very low economic growth and import capability of essential goods.The finance minister admitted in parliament on Sept. 7 that our foreign exchange reserves were close to zero. This certainly should demonstrate the urgency of resolving our problems and getting on with our lives in peace.