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Midweek Review

20 A: Govt. takes a step back…

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Justice Minister Ali Sabry, PC, receiving his letter of appointment from President Gotabaya Rajapaksa.

 

By Shamindra Ferdinando

Samagi Jana Balavegaya (SJB) National List nominee, Attorney-at-law Shiral Lakthilaka, teamed up with the editor of Anidda, Attorney-at-law K.W. Janaranjana, on August 9, 2020, on Derana ‘Aluth Parlimenthuwa’ to target the proposed 20th Amendment to the Constitution. They took on former President of the Sri Lanka Bar Association (BASL) U.R. de Silva PC, and Attorney-law-Kanishka Vitharana.

The writer participated in the live two-hour discussion, anchored by Attorney-at-law Sanka Amarjith. The programme dealt with 19th and 20th Amendments.

During the debate, both De Silva and Vitharana acknowledged the need to amend the proposed draft 20th Amendment. The former President of the BASL revealed that Justice Minister Ali Sabry PC accepted the need to retain Article 53 of the Constitution which required Ministers to take an oath against separatism. De Silva said so in response to the writer seeking an explanation why such a dangerous lapse was allowed to slip through by the SLPP (Sri Lanka Podujana Peramuna).

The writer pointed out even the treacherous yahapalana administration, that betrayed the war-winning armed forces, in Geneva, in Oct 2015, didn’t let through something so obvious.

The National Joint Committee (NJC), in a statement issued on Sept. 6, 2020, raised the issue in respect of Article 53 of the Constitution. The NJC said: “We are astonished at the decision of the Government to amend Article 53 of the Constitution which mandatorily requires Ministers to take the oath against supporting and promoting a separate state, (i.e. the 7th Schedule introduced by the sixth amendment) and by restricting it to the original oath prescribed in the fourth schedule. Article 61D of the proposed amendment; too, require the public officers to take the fourth schedule oath that existed in the original Constitution and not the oath prescribed in the seventh schedule introduced by the sixth amendment.”

The NJC also emphasized the urgent need to repeal the 13th and 16th Amendments. The Sept. 6 statement was the second issued by the NJC, on the same matter.

The writer, on Sept, 10, 2020, raised serious concerns expressed by the National Joint Committee (NJC), Federation of National Organizations (FNO) and Manohara de Silva, PC, at the post-cabinet media briefing, at the Government Information Department. The media received an assurance from Co-cabinet spokesperson and Pivithuru Hela Urumaya (PHU) Leader Udaya Gammanpila that the government would definitely look into concerns expressed by nationalist groups and Sri Lanka’s Ambassador in Myanmar Prof. Nanlin de Silva.

Cabinet spokesperson Keheliya Rambukwella and other co-cabinet spokesperson Dr. Ramesh Pathirana did not comment on the matter. Prof. De Silva strongly criticized some sections of the 20th Amendment. The academic, in a statement sent to The Island, alleged that the media didn’t provide sufficient coverage to his concerns.

 

SJB et al exploit 20 A

The continuing controversy over the 20th Amendment drastically changed the political situation. Unexpected opposition from even those who campaigned against the yahapalana administration, throughout its rule, really unsettled the SLPP. The badly depleted Opposition received a tremendous boost, by way of the 20th Amendment, replete with obvious flaws. The main Opposition SJB swiftly exploited the situation to its advantage.

Lakthilaka, who had been an advisor to the then President Maithripala Sirisena, before switching allegiance to the SJB, expertly demolished the draft 20th Amendment. The prominent civil society activist, however, repeatedly emphasized that he solidly stood for the presidential system of governance though he strongly disliked, what he termed, President Gotabaya Rajapaksa’s move to secure dictatorial powers for himself, at the expense of the Parliament.

The writer asked those who backed the 19th Amendment whether the public demanded an elected President, deprived of the right to hold a defence portfolio? Having pointed out that the draft 20th Amendment accommodated some key features in the 19th Amendment, such as five-year terms for both the President and Parliament and two-term limit for a person to hold presidency, the writer reiterated concerns expressed by those who backed Gotabaya Rajapaksa and the SLPP at the Nov. 2019 presidential and Aug 2020 general election, respectively.

Dr. Gunadasa Amarasekera, on behalf of the FNO, on Sept. 09, 2020, requested President Gotabaya Rajapaksa to review the proposed 20th Amendment to the Constitution. Dr. Amarasekera requested the President not to abolish Article 53 of the Constitution and raised matters related to the formulation of a new Constitution.

The FNO asked the SLPP government to establish a mechanism to (1) accept public proposals as regards a new Constitution (11) suspend Provincial Council polls until the enactment of the new Constitution and (111) far reaching alterations to the proposed 20th Amendment approved by the Attorney General before the Government Printer issued the relevant gazette.

The FNO also called for rectification of technical and wrongful policy decisions, in addition to members of the cabinet given an opportunity to provide comments, in writing. Having rectified mistakes, the government would have to amend the draft 20th Amendment and re-gazette it, Dr. Amarasekera told the writer.

The civil society group emphasized that it would be a mistake to bring in amendments at the committee stage as it could create a situation, similar to that of the passage of the 19th Amendment.

The FNO also requested the following provisions altered: (1) do away with the proposal in the 20th Amendment to reduce the number of days from 14 to seven available for the public in respect of enactment of urgent bills (ii) abolish provisions relating to the enactment of urgent bills as successive administrations abused them (iii) rescind the proposal to amend Article 53 of the Constitution which required members of Parliament to take an oath against supporting and promoting a separate State (iv) remove proposal to allow dual citizens to enter Parliament. In addition, it urged the government to extend that law to cover the Governor of the Central Bank, Attorney General, IGP, Auditor General, Service Commanders, Judges of the Supreme Court, and Secretaries to Ministries and (v) abolish the move to do away with the National Audit Commission and also to ensure that no state institution is exempted from audits.

The FNO appreciated the SLPP decision to retain the two-term limits on presidency as well as the five-year terms for both the President and the Parliament.

 

BASL, PM step in

Interventions made by nationalist organizations didn’t receive sufficient coverage in both the print and electronic media. Some sections of the media conveniently refrained from reporting their concerns.

Amidst growing opposition to the much touted 20A, because of its glaring flaws, the BASL, on Sept. 11, 2020, appointed a special 14-member committee, headed by Nihal Jayamanne PC, to inquire into the 20th Amendment. Secretary to the BASL, Rajeev Amarasuriya, in a statement, explained that the Jayamanne committee would also address law’s delays and other related matters undermining the administration of justice. The committee also comprises Ikram Mohamed PC, M.M. Zuhair PC, L.M.K. Arulanandam PC, Prasantha Lal de Alwis PC, Nihal Jayawardene PC, Nalin Ladduwahetty PC, Maithri Wickramasinghe PC, Uditha Egalahewa PC, Anura Medagoda PC, Mohan Weerakoon PC, S.T. Jayanaga PC, Priyal Wijayaweera PC, and Maurapada Gunawansha,PC. Ravi Algama and Shantha Jayawardena are its convenors.

Among the group, M.M. Zuhair is the only former Member of Parliament. Zuhair represented the People’s Alliance (PA) as a National List member, during Chandrika Bandaranaike Kumaratunga’s tenure as the President. It wouldn’t be too hard to reach a consensus on required amendments to the proposed 20th Amendment.

The current political leadership, the Opposition and the BASL, should take into consideration concerns raised not only by nationalist groups but those who backed the enactment of the 19th Amendment to the Constitution, in early 2015. Having made the UNP project to dilute powers of the President, by way of the 19th Amendment, a reality, SLFP leader Maithripala Sirisena, as a candidate at the 2020 general election, campaigned for the abolition of the same.

Let us hope that the Executive Committee of the BASL and the Bar Council act on recommendations made by Jayamanne’s committee. The BASL announcement made it clear that the 20th Amendment is a flawed document, though the Attorney General cleared it, in terms of the Constitution. The AG asserted that the 20th Amendment could be adopted by a two-thirds majority in Parliament, sans a referendum.

Regardless of that, in addition to the Opposition, and some sections of the civil society, the government, too, realized the rapidly developing crisis, caused by the draft 20th Amendment.

Despite having secured a historic near two-third majority last month, the SLPP self-inflicted a major injury by way of the draft 20th Amendment. Premier Mahinda Rajapaksa’s decision to name a nine-member group, consisting of SLPP lawmakers,to examine the draft 20th Amendment, is also evidence that in its current form the draft is a flawed document. The Premier’s Office made the announcement on Sept. 12.

The Premier’s team comprises SLPP Chairman and Education Minister Prof. G.L. Peiris, Justice Minister Ali Sabry PC, PHU leader and Energy Minister and Attorney-at-law Udaya Gammanpila, Labour Minister and Attorney-at-law Nimal Siripala de Silva, Jathika Nidahas Peramuna leader and Industry and Commerce Minister Wimal Weerawansa, Education Reforms, Promotion of Open Universities and Distance Learning State Minister and Attorney-at-law Susil Premajayantha, State Media Minister Sathasivam Viyalendran, MP Dilan Perera and MP and Attorney-at-law Premanath C. Dolawatte.

Nimal Siripala de Silva represents the SLFP whereas the appointment of Viyalendran, a former Tamil National Alliance lawmaker, is significant.

Premier Rajapaksa called for the report by Sept 15, according to his office. However, Minister Weerawansa, on Saturday (12), said that examination led to the SLPP paying a huge price for not being tactful in handling the 20th Amendment. However, the SLPP’s readiness to address the concerns, raised by various parties, should be appreciated and recognized as a positive development to openly accept shortcomings, when pointed out.

 

Prez Gotabaya’s response

President Gotabaya Rajapaksa, on Friday (11), assured Manohara de Silva, PC, and SLPP National List member Gevindu Cumaratunga, of his readiness to submit a fresh draft by rescinding the controversial current draft of the 20th Amendment. The President’s Counsel, and the MP, met the President, on behalf of the National Joint Committee (NJC) and civil society group Yuthukama. The assurance was given in the wake of Prime Minister Mahinda Rajapaksa, too, assuring SLPP coalition partners a new draft would be presented in Parliament. The Premier’s move was revealed by Minister Wimal Weerawansa, at a public rally he addressed, at Avissawella, a on Saturday (12).

The government responded quite wisely by deciding to withdraw the draft 20th Amendment, amidst the Opposition, and those opposed to the SLPP, exploiting the situation to their advantage. The SLPP struggled to cope up with the Opposition attacks as well as criticism directed by several civil society groups.

Polls monitoring group PAFFREL (People’s Action for Free and Fair Elections) warned the SLPP that though the coalition secured a nearly two-thirds majority, at the recently concluded general election, it was not empowered to introduce whatever it desired. In a strongly worded statement, issued on Sept. 13, PAFFREL’s Executive Director Rohana Hettiarachchi pointed out that the electorate twice endorsed the SLPP’s move to abolish the 19th Amendment. However, the SLPP shouldn’t abuse the people’s mandate to introduce an Amendment merely to suit its agenda, regardless of hostile public sentiment. While recollecting how only UPFA lawmaker Rear Admiral (retd.) Sarath Weerasekera voted against the 19th Amendment in 2015, Hettiarachchi urged members of the 9th Parliament not to do anything they would regret later.

Transparency International Sri Lanka (TISL), too, expressed serious concern over the proposed 20th Amendment when its Executive Director Asoka Obeyesekere recently explained how the proposed law could undermine the monitoring of public spending, Commission to Investigate Allegations of Bribery or Corruption (CIABOC), curtailment of the Election Commission’s powers and operation of RTI (Right to Information) Law.

Obeysekere didn’t mince his words, at a recent media conference at the TISL office, where he declared: “The proposed 20th Amendment also removes the Audit Service Commission and National Procurement Commission, key institutions intended to act as a check on public spending. By removing any mention of the Audit Service Commission, the proposed 20th Amendment effectively renders the National Audit Act obsolete. The National Audit Act provides the Audit Service Commission with considerable powers, including the ability to impose surcharges on public officials, who cause losses to the state. The removal of the Audit Service Commission will invalidate this essential power.

Despite the mandate of the National Procurement Commission not being fully operationalized, the existence of the institution is nonetheless important to ensuring a transparent and accountable procurement structure. Public procurement is a high-risk area for corruption. Whilst recognizing the importance of the President’s own commitment as clearly enunciated in his manifesto to eradicate corruption and promote efficiency, we call on the government to recognize the importance of the institution of an independent procurement commission to realize this commitment.”

The TISL refrained from commenting on other contentious matters, such as the proposed setting up of a five-member Parliamentary Council in place of the highly flawed 10-member Constitutional Council, abolishing limit on the number of cabinet and non-cabinet ministers, doing away with the prohibition on dual citizens to contest parliamentary election, denying the citizens right to file fundamental rights cases against the President, naming the Attorney General as the respondent. Many an eyebrow was raised when the age limit of those seeking the Office of the President were lowered to 30. Some of the provisions in the 20th Amendment disappointed the public. In fact, the proposed 20th Amendment diminished the importance of restoring the President’s right to hold a defence portfolio by resorting to a despicable political agenda. The SLPP could have easily avoided the embarrassing situation if the proposed amendment was at least discussed among members of the cabinet, as well as the parliamentary group. There hadn’t been a genuine effort, within the SLPP, to reach a consensus on the vital amendment. In fact, the SLPP could have easily discussed the matter informally with the parliamentary opposition. The consensus with the Opposition could have been reached, especially against the backdrop of the SLPP retaining three key provisions in the 19th Amendment, namely restriction of the number of presidential terms to two and five-year tenure for the term of the President and the Parliament.

The crisis over the 20th Amendment should be examined also taking into consideration the SLPP MP-elect for the Ratnapura District, Premalal Jayasekera, taking oaths as a Parliamentarian, on Sept, 8, 2020, subsequent to the Court of Appeal taking a stand, contrary to that of the Attorney General. State Minister Sanath Nishantha’s brother Jagath Samantha caused media furore by destroying a part of Ramsar wetlands at Anavilundawa. Former Chairman of Arachchikattuwa Pradeshiya Sabha Jagath Samantha is alleged to have got part of the sanctuary bulldozed to establish a shrimp cultivation centre. This was revealed by a ministerial committee that inquired into destruction of the wetlands. Wildlife and Forest Conservation Minister C.B. Ratnayake, and some of his officials, recently struggled before the media. State Minister Nishantha, having admitted to President Gotabaya Rajapaksa, when inquired from him about the Anavilundawa incident, however denied responsibility. The State Minister refrained from mentioning his brother being wanted by the police in that regard. The destruction of a part of a historical building, allegedly at the behest of the Kurunegala Mayor Thushara Sampath, also did immense damage to the SLPP, regardless of action taken by the government to save face.

The SLPP needs to review its strategies or prepare to face the consequences. What is really praiseworthy about the line up behind this government are the brave faces among its frontline partners who are willing to call a spade a spade to correct things in the bud as is proved by their willingness to speak out to correct those at the helm for the good of the nation, where necessary, as in the case of 20A, or rape of the environment.

 

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‘Elina wanted Premadasa to succeed JRJ’: correction

 

 

In last week’s Midweek article, titled ‘Elina wanted Premadasa to succeed JRJ’, on the Sept. 09 edition of The Island, the writer inadvertently identified Lilani de Silva as an aide to Elina Jayewardene. Lilani is a neighbour of the Jayewardenes. The relevant section should read as: ‘Elina Jayewardene’ is based on interviews with several persons, including Pradeep Jayewardene, Rukshan Amal Jayewardene (the second grandchild JRJ and Elina), Charmaine Mendis, first wife of late Ravi Jayewardene (their only son), close relatives, Professor Asvini Fernando and Lakshmi Suneetha Subasinghe. The author also interviewed Dr. Sathis Jayasinghe and Nalini Mapitigama. In addition to them, the author talked to several female aides, who had been with EJ until the very end. Among them were Galahitiyage Lilawathie and Hettiarachchige Magilin and the Jayewardene’s immediate neighbour, Lilani de Silva. The Jayewardenes’ third grandson Amrik, hadn’t been so excited about the brief biography about their late grandmother, and the author did not get an opportunity to speak with him. The author also quoted from the work of the late senior government servant, Amara Hewamadduma. The error is regretted.



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Midweek Review

With somewhat muddled foreign policy where are we heading?

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U.S. and Sri Lankan Marines conduct Visit, Board, Search, and Seizure (VBSS) drills during Cooperation Afloat Readiness and Training (CARAT) exercise in 2023. CARAT Sri Lanka is the largest bilateral military exercise meant to enhance US-Sri Lanka relationship. (Pic courtesy US embassy, Colombo)

By Shamindra Ferdinando

The Sri Lanka Navy will take command of Combined Task Force (CTF) 154 from the Egyptian Navy soon. Since its establishment in May 2023, US (Capt. Oliver Herion), Jordan (Capt. Ayman Al Naimat) and Egypt (Commodore Haytham Elsayed Khalil), respectively, commanded the unit, one of the five Task Forces that operated under the purview of the US-led Combined Maritime Forces (CMF).

The whole operation is spearheaded by Bahrain headquartered US Fifth Fleet. SLN, under the previous regime led by Ranil Wickremesinghe, joined the CMF in 2023 as its 39th member. Meanwhile, strange bedfellow Argentina is the latest addition to it. To make matters worse for that country, Buenos Aires, under eccentric right wing President Javier Gerardo Milei, wants to make the US dollar its official currency..

SLN disclosed the CMF’s move in a press release dated Oct, 02 under the new JVP/NFF regime that dealt with CTF commander Commodore Haytham Elsayed Khalil of the Egyptian Navy meeting Sri Lanka Navy Commander Vice Admiral Priyantha Perera.

CTF 150 focuses on maritime security in the Gulf of Oman and the Indian Ocean, CTF 151 leads regional counter-piracy efforts, CTF 152 handles maritime security in the Arabian Gulf, CTF 153 is responsible for operations in the Red Sea, and CTF 154 is tasked with training, thereby improving operational capabilities to enhance maritime security in the Middle East.

The CMF’s overall strategy should be examined taking into consideration the widening of the Middle East conflict, with Israel simultaneously taking on Hamas (Islamic Resistance Movement) in Gaza, Hezbollah (Party of God) based in Lebanon and Iran widely accused of financing Hezbollah. In the wake of further destabilization of the region as a result of Israeli ground forces entering Lebanon and Iran firing missiles at the Jewish State in retaliation for terrorist acts committed against it, inside Iran, and elsewhere, the US and the UK bombed Yemen where Iran backed Houthis are trying to disrupt ship movements in the Red Sea. Since Israel launched a war against Hamas, in Gaza, and using that as an excuse, is committing acts of genocide against the Palestinians to create a homogeneous Jewis state, Houthis have meanwhile targeted nearly 90 merchant vessels in the Red Sea to force a halt to Israeli terror tactics to drive out or kill the Palestinians. Hezbollah and other resistance groups from Yemen, Lebanon, Syria and Iraq, too, are stepping up attacks to turn the tide against the extremist Jewish state.

Sri Lanka is now ironically among the coalition backing Israel battling Iran and Tehran-backed groups on multiple fronts and thousands of our workers are now employed in the Jewish state because of the extreme poverty here. Did Israel, in spite of knowing the impending Oct. 07, 2023 Hamas raid, targeting Southern Israel, conveniently turn a blind eye to pave the way for a sustained offensive? In other words, did Iran backed groups walk into an Israeli trap. The Israeli onslaught appeared to have been a meticulously planned response. The triggering of explosions in pagers used by Hezbollah, or those in some way connected to it in Lebanon and Syria, in the third week of September, before the killing of Hezbollah Chief Hassan Nasrallah, in Beirut, and the Israeli ground invasion, suggested the Jewish State planned a knockout blow against the Iran-led coalition. What Netanyahu did not bargain for is that the present day resistance is made up of committed fighters unlike the Arab armies that met Jewish state’s terror tactics in earlier wars as in 1948 and 1967. Though the Western media tries to paint Iran as the villain over the whole issue, Iran, nor its proxies, have caused needless bloodletting among Israeli civilians. Two major missile attacks that Teheran has so far carried out against the Jewish state had taken extraordinary measures not to target civilian infrastructure thereby hardly harming any noncombatants there. This is unlike Israel that has caused unimaginable harm to Arab civilians.

Outgoing US President Joe Biden’s suggestion that Israel shouldn’t hit Iranian oil or nuclear sites in response to a massive missile strike but consider other alternatives underscored the gravity of the rapidly developing situation.

Whether the world likes it or not, the war in the Middle East, as well as Ukraine, where the US and its major allies (all part of CMF) are trying to wear down Russia, is being politicized. There cannot be a better example than Republican White House hopeful Donald Trump’s declaration that he believed Israel should strike Iranian nuclear facilities in response to the recent Iranian missile barrage.

Those who had compared the decimation of the Liberation Tigers of Tamil Eelam (LTTE) in 2009 by the Sri Lanka military and the war between Hamas and Israel in the aftermath of the Oct. 07 raids, included New Delhi based Narayan Swamy, who served UNI and AFP during his decades long career. While acknowledging that no two situations were absolutely comparable, Swamy, who currently serves as the Executive Director of IANS (Indo-Asian News Service) declared: “Oct 7 could be a turning point for Hamas similar to what happened to the Liberation Tigers of Tamil Eelam in Sri Lanka in 2006. Let me explain. Similar to Hamas, the LTTE grew significantly over time eventually gaining control of a significant portion of Sri Lanka’s land and coast. The LTTE was even more formidable than Hamas. It had a strong army, growing air force and a deadly naval presence. Unlike Hamas the LTTE successfully assassinated high ranking political figures in Sri Lanka and India. Notably LTTE achieved this without direct support from any country??? Well Hamas received military and financial backing from Iran and some other states [emphasis is mine]. The LTTE became too sure of their victories overtime. They thought they could never be beaten and that starting a war would always make them stronger. But in 2006 when they began Eelam War 1V their leader Velupillai Prabhakaran couldn’t have foreseen that within three years he and his prominent group that the world was led to believe as being virtually invincible, especially by the Western media and so-called military experts, would be defeated. Prabhakaran believed gathering tens of thousands of Tamil civilians during the last stages of the war would protect them and Sri Lanka wouldn’t unleash missiles and rockets. Colombo proved him wrong. They were hit. By asking the people not to flee Gaza, despite Israeli warnings, Hamas is taking a similar line. Punishing all Palestinians for Hamas’ actions is unjust just like punishing all Tamils for LTTE’s actions was wrong. The LTTE claimed to fight for Tamils without consulting them and Hamas claimed to represent Palestinians without seeking the approval for the Oct.7 strike. Well two situations are not absolutely comparable. We can be clear that Hamas is facing a situation similar to what the LTTE faced shortly before its end. Will Hamas meet a similar fate as the LTTE? Only time will answer that question.”

In a way, the circumstances of the ongoing Middle East conflict and the emergence of Tamil terrorism here is so dissimilar, the situations cannot be compared at all.

GoSL stand on ME conflict

In the first week of January, this year, the then President, who is also the Commander-in-Chief, in addition to being the Defence Minister, Ranil Wickremeisnghe, declared his intention to deploy an SLN vessel in the Red Sea in support of the ongoing CMF operations. The specific US-led effort meant to overcome the Houthi challenge was called ‘Operation Prosperity Guardian.’ In spite of statements attributed to various spokespersons at that time, we are still in the dark as to the actual implementation of Wickremesinghe’s directive.

How could Sri Lanka undertake such a costly deployment in the absence of at least one properly equipped vessel to operate in missile and drone environments at a time the Wickremesinghe administration claimed it couldn’t hold Local Government polls for want of sufficient funds?

Why on earth Wickremeisnghe wanted a role for SLN in ‘Operation Prosperity Guardian’, launched in Dec. 2023, when some of Washington’s allies were skeptical about the initiative?

With the further deterioration of the Middle East situation, President Anura Kumara Dissanayake’s government should take stock of the situation. Jathika Vimukthi Peramuna (JVP) and Jathika Jana Balawegaya (JJB) leader AKD, in his capacity as the Commander-in Chief of armed forces and Defence Minister, should receive a comprehensive briefing regarding the current situation.

In the absence of a properly constituted foreign policy, Sri Lanka found itself in a deepening quandary. The armed forces, as well as the JVP that had been at the receiving end, in 1971 and 1987-1990, of the counter-insurgency campaigns, need to work together in an environment caused by AKD’s unexpected triumph over the two-party system.

Let me examine the JVP/JJB stand on the SLN’s Read Sea deployment as desired by Wickremesinghe. It would be pertinent to mention that the SLN joined the CMF during Wickremesinghe’s tenure as the President.

On behalf of the JVP/JJB, Sunil Handunetti strongly condemned Wickremesinghe’s declaration on the Red Sea deployment. The former JVP parliamentarian questioned the rationality of Wickremesinghe move while warning of dire consequences. The one-time head of the Committee on Public Enterprises (COPE), a vital parliamentary watchdog committee, accused Wickremesinghe of joining a US-led effort supportive of Israel. Warning Sri Lanka could earn the wrath of certain countries by participating in such US-led endeavours, Handunetti asked whether President Wickremesinghe could decide on active participation in an international operation.

Against that background, President AKD and his Foreign Minister Vijitha Herath should make Sri Lanka’s position clear in respect of the Middle East conflict. Regardless of the country heading towards parliamentary elections in a couple of weeks, the President will have to keep an eye on developments as various interested parties pursue strategies which may not align with our own.

The developing situation in Lebanon, as well as Syria, compelled the Foreign Ministry to issue travel warnings in respect of both countries while keeping its options open on Israel. The second Iranian missile barrage carried out against Israel in October obviously didn’t influence Sri Lanka to issue a travel warning. Iran mounted its first bombardment in April also this year. Sri Lanka maintains diplomatic missions both in Tel Aviv and Beirut.

Developing dilemma

One can easily understand bankrupt Sri Lanka’s dilemma when India finds itself in an unenviable situation. In spite of denials at different levels, India made ammunition, explosives and other equipment that are used by Israel and Ukraine, with the latter using them against Russia, one-time major supplier of armaments to India. The late Indian Foreign Secretary J.N. Dixit, who at times behaved like a Viceroy when he was their High Commissioner in Colombo in the ’80s, in his memoirs ‘Foreign Policy Makers of India’ defended Indira Gandhi’s controversial decision not to condemn the 1979 Soviet intervention in Afghanistan due to their heavy dependence on the Soviet Union for defense needs.

New Delhi obviously cannot ignore Washington’s requirement to ensure a steady supply of ammunition to Israel and Ukraine alike.

Reuters declared on Sept. 19, 2024, following the publication of a New Delhi datelined exclusive headlined “Ammunition from India enters Ukraine, raising Russian ire,” India’s Foreign Ministry described the report as ‘speculative and misleading.’

The news agency quoted Ministry spokesperson Randhir Jaiswal as having said: “It implies violations by India where none exist and, hence, is inaccurate and mischievous.”

“India has been carrying out its defence exports taking into account its international obligations on non-proliferation and based on robust legal and regulatory framework, which includes a holistic assessment of relevant criteria, including end user obligations and certifications,” Jaiswal said.

The bottom line is that even strategic alliances are changing or done away with. India-Russia relationship, built largely on defence ties, can be cited as an example. Indian’s backing for Ukraine and Israel meant that the former’s role in the world stage has undergone a drastic change. That is the undeniable truth.

India skipped the U.N. General Assembly vote on February 23, 2023 on a resolution that underscored the need to reach as soon as possible a “comprehensive, just and lasting peace” in Ukraine in line with the principles of the U.N. Charter. India won’t condemn Russia over the war in Ukraine either. But, that wouldn’t prevent New Delhi from supplying Israel and Ukraine while Indians serving with the Russian Army battling Ukraine remains an issue. New Delhi, too, is obviously playing both sides like most of the Arab regimes when dealing with Israel and the issue of hapless Palestinians as we have explained earlier.

In the run-up to the presidential election here, the Wickremesinghe-Rajapaksa government was accused of turning a blind eye to ex- and serving military personnel joining Russia. Although both Russia and Sri Lanka promised to address the concerns of men on the Ukrainian-Russia front, as well as their families, the current situation is not known.

The former Foreign Minister Ali Sabry, PC, intervened in this matter and ex-Defence Secretary General (retd.) Kamal Gunaratne, especially, visited Moscow to explore ways and means of reaching consensus on the issue at hand. However, the AKD administration should examine the whole issue afresh as combat experienced Sri Lankans serving with foreign forces can be a social issue.

We know Sri Lanka paid a heavy price for failing to take remedial measures after Sri Lankans reached Syria during the Yahapalana administration (2015-2019). Had the Sirisena-Wickremesinghe government acted on a warning issued by its own Justice Minister Dr. Wijeyadasa Rajapakse, PC, as advised by the intelligence services, the 2019 Easter Sunday carnage may have been avoided.

At that time, some speculated that 45 persons of nine families joined ISIS – the Islamic State of Iraq and Syria.

Taking into consideration the arrest of four Sri Lankans by Gujarat police on terrorism charges during the general election in India, the new government should also pay attention to emerging threats. The arrests, last May, proved that security concerns remain. However, the All Ceylon Union of Muslim League Youth Fronts (ACUMLYF) repeatedly questioned the failure on the part of the previous administration to take up this issue with India.

In response to The Island queries, the grouping’s President Sham Nawaz said that though they had made representations in this regard to the then State Foreign Minister Tharaka Balasuriya in the first week of June, the Foreign Ministry at least didn’t bother to respond. In fact, there hadn’t been any response whatsoever until the change of the government in September. Perhaps, Nawaz should make representations to new Foreign Minister Vijitha Herath.

Another US ship

Sri Lanka will receive another mothballed US Coast Guard Cutter, gratis, courtesy the USA. Over the years, the US transferred three Coast Guard Cutters to Sri Lanka, also gratis. The transfer of the fourth US Coast Guard Cutter will take place during President Dissanayake’s tenure, perhaps mid next year and marks a significant development in bilateral relations. The US intention to transfer the vessel was announced in late February this year during Deputy Secretary of State for Management and Resources Richard Verma’s visit. Verma also visited the site of the West Container Terminal (WCT), a deep-water shipping container terminal in the Port of Colombo. The WCT, is being constructed by Colombo West International Terminal (CWIT) Private Limited with $553 mn in financing from the U.S. International Development Finance Corporation. But the real danger is we are being increasingly dragged into a quagmire of American making vis-à-vis the bloc led by Russia and China. As the old saying goes there is no such a thing as a free meal. Let us hope comrades who are leading us now realise it as well before it is too late.

The CWIT is a consortium consisting of India’s largest port operator, Adani Ports & SEZ Ltd., Sri Lanka’s major listed conglomerate, John Keells Holdings PLC, and the Sri Lanka Ports Authority. The consortium is set to develop the CWIT on a Build, Operate, and Transfer agreement, for a period of 35 years.

The US investment at the Colombo Port should be viewed against the backdrop of Chinese presence at the Colombo Port, in addition to China having Hambantota Port on a 99-year lease and other projects. India is keen to expand its influence here and, as a Quad member, seems to be working with others (the US, Australia and Japan) to bolster defence ties.

The expansion of China Bay, the Trinco-based No 03 maritime squadron, is a case in point. The squadron that had been moved to China Bay five years ago consists of Beech King Air B-200 and Dornier 228. A Beechcraft King Air 360ER equipped with cutting-edge technology is to be inducted to the squadron tomorrow (10) to further boost SLAF’s ability to patrol its waters and address maritime threats. The US is the donor of Beechcraft King Air 360ER.

Another maritime surveillance aircraft is expected to join the squadron before the end of this year. The donor is Australia that provided two patrol boats to SL years ago and paid for fuel for vessels engaged in anti-human smuggling operations. What we need to understand is the support received as part of the often repeated free and open Indi-Pacific strategy pursued by Quad. Valuable support received/offered for enhancement of Sri Lanka’s hydrographic capabilities from Australia and Japan should be considered accordingly.

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Midweek Review

Ahambakaraka : A postscript

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by Ashanthi Ekanayake

Liyanage Amarakeerthi’s Ahambakaraka, received much attention when it was first published and then went on to win many accolades. The most recent among them was the Vidharshana Literary Prize for best translation in 2024. It is a novel with immense possibilities and offers multiple readings and interpretations. When it first came out, it received the attention of Captain Elmo Jayawardena, who is also a writer of some substance. He wrote a comprehensive review of the novel in The Daily News of 19 October 2016.

In his review Captain Jayawardene describes the protagonist of the novel, Bandula Balagalla, using a somewhat unfortunate turn of phrase, and twists the “born with a silver spoon in the mouth” into a different expression which will not be quoted here. It must be said that a reader’s take on what is read depends entirely on their world views, the theories of reading they encounter, and also mainly the experience they gain as readers.

As the translator of the novel under discussion of which the English title reads as The Maker of Accidents, I must say that what motivated me to translate the novel was these very same possibilities for multiple readings. The novel offered among other things a reading which aligned closely with Pierre Bourdieu’s theories of habitus, capital and power. This brief attempt is simply an opening to the immense possibilities of the novel. I will unfortunately not be able to deal with the topic adequately and do it justice but I will try my best and leave a deeper exploration for another occasion.

In many of his works Bourdieu describes these notions as that which inscribe in us a certain social status. Amarakeerthi’s novel while dealing with the socio-political upheavals which span a wide period of time also brings out these aspects of society as presented by Bourdieu.

Bandula Balagalla is an affluent man and his conduct and his aspirations, or lack thereof, create in the mind of the reader the image of someone who has everything in life and can live without being burdened by new ambitions. He can simply live a contented, if self-centered life. The novelist creates some doubt in the reader’s mind by making the reader challenge the notion of BB as the protagonist because the narrative describes him as a smug, self-satisfied person in contrast to Vijaya Wickramasinghe who in addition to all other drawbacks has to also resort to being mute for simple survival and thus be denied language and the use of it to his advantage.

Language and the “symbolic power” languages have, as discussed by Bourdieu is a primary if mostly ignored theme in this novel. Balagalla strives to create a space for language in his township as does the novelist by giving prominence of place to the different languages the characters resort to. Radha is a teacher of language and performance. For her language is performance. Language is in the Marxist sense a commodity in the novel as described by the narrator. When engaging in the translation, too, I made a conscious effort to use language suited to the different characters. Some were anglophiles, and they might not code mix or code switch easily, and they would attempt to sound more “English.” Some were more at ease with the Sri Lankan English variety. Some would use “broken English.” As a teacher of language this was partly my fascination with the novel.

Translating some Sinhala turns of phrase turned out to be a gratifying exercise because of the novelist’s natural playfulness with Sinhala and language as a whole. Just as the protagonist made up the rules of his game similarly the novelist too played with language. Rather than being obstacles, the quaint expressions and the intricate plot made me realize how correct I was to see the immense potential it offered for a “Bourdieusian” reading.

To put it simply Bandula Balagalla through his upbringing and privileged position is always at ease in any situation. This is a clear manifestation of habitus as explained by Bourdieu. He has symbolic, cultural and linguistic capital. He in fact has everything Wije does not have. Radha, who is from a more middle class upbringing and background is also somewhat “vulgar” in her aspirations in comparison.  A case in point is her venture “to make ladies” of the lady-doctors of Kurunegala.  Balagalla has good taste in food, music, other matters of life-style and also literature. The first narrator attempts to compete with Balagalla’s taste in literature in this sense. The ironical choice of name for the bookstore i.e. Tower of Babel is a case in point of the sense of power Balagalla wields. He has cultural, and social capital. He is well connected and he is almost native like, not simply in his use of English but also by disposition. He has the right connections as the occasion calls for. In contrast Wije with his rags to riches back story has economic power but is lacking in all other aspects. This is what he pursues and hankers after. Although he is good at “hustling” he is lacking in other ways. Here the question of class and social prestige also come into question. The Balagalla Wallauwa provides Bandula Balagalla with social standing and the right type of connections and also an inbred (in the sense of innate), or even inculcated cultural awareness which helps him navigate society.  Social, cultural and symbolic capital need to be accompanied by the “economic” to help a person gain distinction. The crowns and swords that Wije seeks are but symbols of prestige which he is continuously denied.  He seeks social mobility and believes that he will gain it by being in possession of these symbols which are part of what the Balagalla estate entails.

This is in fact the most thrilling aspect of the novel. One does not have to be limited to Bourdieu’s theories. However, it cannot be denied that Ahambakaraka, which means the maker of accidents or alternately the planner of coincidences is a rich novel as it offers multiple readings.

There is an interesting plot, full of twists and turns which will be gratifying for any reader. However, if one seeks to read deeper and engage with theory it does not disappoint. The three women for whom the novel is initially written are also a fascinating aspect of the story. The characters are so intricately developed and thought out that a feminist reading of the female characters also proves to be a fruitful endeavor.

My ultimate aim was to highlight these very obvious aspects of the work which were not addressed in the earlier reviews.

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Midweek Review

Thirty Thousand and Rising

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By Lynn Ockersz

There’s this silent tragedy,

In the Isle of Smiles,

Mercilessly unfolding,

Of hunger-driven children,

Living on sugar-laced water,

And running into the thousands,

Looking for succor in the streets,

Giving smug rulers a measure,

Of steeply rising incivility,

Towards the ranks of the suffering,

Besides, here’s ready proof,

Of ever-widening holes,

In current, threadbare safety nets,

Making Dickens’ England,

Pale in comparison.

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