Midweek Review

A daunting task for Justice Nawaz

Published

5 years ago

2021/01/27

President Gotabaya Rajapaksa shakes hands with Justice Nawaz after appointing him as the President of the Court of Appeal on January 20, 2021 (pic courtesy PMD)

Geneva proposes asset freezes, travel bans ahead of HR sessions

By Shamindra Ferdinando

An Extraordinary Gazette notification, pertaining to the nomination of Justice Abdul Hameed Dileep Nawaz, as the Chairman of a three-member Commission of Inquiry (CoI), to investigate, inquire into and report, or take required actions, regarding the findings of the former Commissions, or Committees, that investigated human rights violations, serious violations of International Humanitarian Law (IHL) and other such offences, was issued on January 20.

The Extraordinary Gazette notification was issued, close on the heels of a ceremonial sitting of the Supreme Court of Sri Lanka, to welcome Justice Nawaz, Justice Kumudini Wickramasinghe and Justice Shiran Gooneratne. They were among six new Supreme Court justices, named on Dec 1, 2020, in terms of the 20th Amendment to the Constitution, enacted two months before. The other new justices are Janaka de Silva, Achala Wengappuli and Mahinda Samayawardhena.

The new Amendment approved with a two-thirds majority, resulted in the expansion of the Supreme Court bench, from 11 to 17, and the Appeal Court bench, from 12 to 20.

Having won the presidency in Nov 2019, President Gotabaya Rajapaksa promoted Nawaz as the President of the Court of Appeal. The appointment made on January 20, 2021, is President Gotabaya Rajapaksa’s first high profile judicial selection. The appointment didn’t receive the media attention it really deserves.

With the elevation of Nawaz to the Supreme Court, Justice Arjuna Obeysekere received the appointment as the President of the Court of Appeal. The CoI, chaired by Justice Nawaz, includes one-time IGP Chandra Fernando, the incumbent Chairman of the National Police Commission, and retired District Secretary Nimal Abeysiri.

Nawaz is the first sitting judge and the senior-most judicial officer to have been charge-sheeted by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), during his time at the Attorney General’s Department, but cleared by courts during the tenure of the previous regime itself. So many actions, initiated by the CIABOC, judicial decisions and proceedings during the previous yahapalana administration, are under a cloud.

The CoI has been entrusted with the following tasks: (a) Find out whether previous CoIs, and Committees, which have been appointed to investigate into human rights violations, have revealed any human rights violations, serious violations of the international humanitarian law and other such serious offences (b) Identify the findings of the CoIs, and Committees, related to the serious violations of human rights, serious violations of international humanitarian laws and other such offences and whether recommendations have been made on how to deal with the issues at hand (c) The status of the implementation of those recommendations, so far, in terms of the existing law, and what steps need to be taken to implement those recommendations further, in line with the present Government policy and, finally (d) Ascertain whether action is being taken in respect of (b) and (c).

The CoI, headed by Justice Nawaz, is expected to finalize the report, within six months from the date of the appointment.

AG on role of judges

Welcoming the newly appointed Supreme Court Judges on Jan. 20 and Jan 21, Attorney General Dappula de Livera, PC, declared: “The credibility of a judicial system, in a country, is dependent on the Judges who man it. Judges must be persons of impeccable integrity and unimpeachable independence. A Judge must discharge his/her judicial functions with high integrity, impartially and intellectual honesty. Speaking of Intellectual honesty; the law would be like a ball of clay in the hands of an erudite Judge. Therefore, Judges should be ruthlessly honest, independent, and impartial and possess a judicial conscience to ensure that the ball of clay is moulded, according to the law. For over 2000 years of the island’s long history, the Courts of Law have occupied a unique place in the system of government. Public acceptance of the judiciary, and public confidence in the judiciary, is necessary for the rule of law to prevail in the country. Public confidence in the judiciary is dependent on the independence and integrity of the judiciary.”

The President’s Counsel further said: “The Judges in the exercise of judicial functions should be immune from outside control and influence and intimidation. That independence is also necessary from the other branches of government and from private and partisan interest. Judges should be above suspicion and should not leave even a glimpse for that suspicion to occur.”

Tamil parties seek int’l intervention

The appointment of the three-member CoI under the leadership of a Supreme Court Judge, should be examined against a section of Parliament demanding international intervention, by way of a new Resolution adopted at the forthcoming 46th sessions of the Geneva-based United Nations Human Rights Council (UNHRC), scheduled for Feb-March 2021. The Tamil National Alliance (TNA) and two Northern Province, based new political parties – Ahila Illankai Tamil Congress (AITC) and Tamil Makkal Thesiya Kutani (TMTK) have written to 47 members of the UNHRC demanding punitive action against Sri Lanka on the basis that the administration quit the Geneva Resolution 30/1, co-sponsored by the previous yahapalana administration.

The three parties are represented in Parliament by 13 members. At the time Sri Lanka co-sponsored the controversial resolution against itself, in Geneva, the TNA had 16 lawmakers, including two appointed members, with its leader, R. Sampanthan, enjoying the privileged status as the Opposition Leader, though, ironically, the breakaway Joint Opposition (JO) commanded the confidence of well over 50 lawmakers. So that was how democracy was practiced then!

With the obvious blessings of Western powers, the Tamil parties, in a letter to UNHRC members, requested (a) Member States urge, in the new resolution, that other organs of the United Nations, including the UN Security Council, and the UN General Assembly, take up the matter and take suitable action by reference to the International Criminal Court and any other appropriate and effective international accountability mechanisms to inquire into the crime of genocide, war crimes and crimes against humanity (b) The President of the UNHRC refers matters on accountability, in Sri Lanka, back to the UN Secretary General, for action, as stated above (c) Member States to mandate the Office of the High Commissioner for Human Rights (OHCHR) to continue to monitor Sri Lanka for ongoing violations and have an OHCHR field presence in the country and (d) Without detracting from that which has been stated in Point 1 (above), take steps to establish an evidence-gathering mechanism, similar to the International Independent Investigatory Mechanism (IIIM,) in relation to Syria, established as a subsidiary body of the UN General Assembly, with a strict time frame of 12 months duration.

The TNA-led political grouping, backed by a section of the civil society that also supported a hybrid war crimes investigating mechanism, are backing the latest initiative against Sri Lanka.

The Ontario Centre for Policy Research, Canada and London Initiative, the United Kingdom have, however rebutted anti-Sri Lanka allegations with a timely comprehensive report recently to the UNHRC, especially in response to the growing threat of a new resolution. The lead Researcher and the Chairman of the Committee that prepared the report, Dr. Neville Hewage, and the UK-based practicing lawyer, Jayaraj Palihawadana, should receive public appreciation for countering the Western strategy. Let the public know of such initiatives and exert pressure on political parties to take up the Geneva challenge, together with the government.

Unfortunately, Sri Lanka’s defence in Geneva is likely to suffer in the absence of coordinated action and the failure on the part of those responsible to get their act together to attack the foundation of lies concocted by interested parties, hell-bent on hauling Sri Lanka up before an international war crimes court. With the UNP’s humiliating rejection by the masses, at the last general election, in August 2020, the TNA-led grouping, in spite of differences as regards political strategy, both in and outside Parliament, is confident of its new game plan.

The Swiss plot

The Tamil grouping believes the return of the Rajapaksas is advantageous to their strategy. Sri Lanka would have been in bigger trouble if the Swiss project, meant to ruin Gotabaya Rajapaksa’s presidency, succeeded in Nov 2019. If not for war-time Defence Secretary Gotabaya Rajapaksa’s refusal to allow Switzerland to evacuate Embassy worker Garnier Francis, who claimed that she had been sexually abused by government agents inside a vehicle close to the Swiss Embassy, within days after him being elected the President. Had that diabolical plot clicked with her being evacuated to Switzerland, in a special air ambulance, that had been brought down as part of the plot, the country would have been under heavy pressure now. Thanks to President Gotabaya Rajapaksa taking a tough stand on the matter, the Swiss plot went awry, much to the disappointment of those seeking to undermine the new administration. Investigations exposed those responsible for the diabolical propaganda offensive that had to be inquired into, taking into consideration unsubstantiated allegations directed at the SLPP presidential candidate, Gotabaya Rajapaksa, at a media conference, organized by the then yahapalana minister Dr. Rajitha Senaratne.

The CoI, headed by Justice Nawaz, will have to examine the overall campaign against Sri Lanka, without restricting its investigation in terms of the mandate received. It would be pertinent to mention Sri Lanka paid a huge price for not properly countering lies propagated by interested parties’ hell-bent on hauling Sri Lanka before hybrid war crimes investigating mechanism. In the wake of Gotabaya Rajapaksa’s emergence as the President, with an overwhelming victory, over his nearest opponent, the same lot wanted Sri Lanka investigated by the international community.

Sri Lanka has pathetically failed to comprehend the threat, hence the absence of proper defence, in spite of some elected members of Parliament working against the country. The government’s failure has allowed the TNA, that had no qualms in recognizing the LTTE as the sole representative of the Tamil speaking people in late 2001, and having being the mouthpiece of the world’s most ruthless terrorist organisation, to pursue a high profile strategy, detrimental to the country, while enjoying perks and privileges as a recognized political party.

The TNA-led campaign is part of an overall project meant to overwhelm Sri Lanka. The Swiss operation, if succeeded, could have impaired the Office of the President.

A wider examination of facts needed

Let us hope that the Justice Nawaz-led committee would examine all factors, pertaining to the accountability issue, though its primary objective seems simple. Their responsibility in terms of the statement issued by the President’s Office, is to examine the previous CoI and Committees and the implementation of their recommendations. The Lessons Learnt and Reconciliation Commission (LLRC) chaired by the late Attorney General C.R. de Silva, examined the conflict. The LLRC was appointed in response to a study undertaken by UN Secy. General’s so-called Panel of Experts (PoE). The PoE report, released in March 2011, is the basis for all subsequent measures taken by the UN though Sri Lanka simply ignored the threat. In addition to the LLRC, the Presidential Commission of Inquiry into Complaints of Abductions and Disappearances (the report on the Second Mandate of the Presidential Commission of Inquiry into Complaints of Abductions and Disappearances) examined the conflict. However, Sri Lanka cannot turn a blind eye to the PoE report, and related reports, as they remained the very basis of the Geneva initiatives, though the incumbent government quit the 30/1 resolution. Foreign Minister Dinesh Gunawardena made the announcement on Feb 26, 2020 at the 43rd UNHRC sessions.

The government certainly owed an explanation why the appointment of the CoI to examine previous CoIs and Committees, was delayed till January 20, 2021. The continuing crisis caused by the Covid-19 pandemic shouldn’t be faulted for the government’s failure. For some strange reason, Sri Lanka continues to delay using Lord Naseby’s revelations, based on wartime British High Commission dispatches from Colombo (January-May 2009) as well as revelations made by Wikileaks to counter UN lies. Lord Naseby, in an interview with the writer in Sept 2019, regretted Sri Lanka’s failure to exploit his disclosure, made in Oct 2017. The senior Conservative politician said that he was quite disappointed and surprised by Sri Lanka’s response to information provided by him. The British diplomatic cables obtained by Lord Naseby, following a legal wrangle with his government disputed the PoE’s primary allegation. The information provided by Lord Naseby, when examined together with wartime US Defence attaché Lt. Col. Lawrence Smith’s explosive statement in 2011 (read US official’s defence of Sri Lankan military), exposed the UN lie.

The primary allegation in PoE on Sri Lanka alleged that at least 40,000 civilians perished on the Vanni east front. In terms of the UN dictates, the accusations made against Sri Lanka by mystery accusers cannot be verified till 2031 due to a strange confidentiality clause. Where in the world do you get a system of justice where one is precluded from facing one’s accusers for 30 years, let alone challenge their specific allegations? Meanwhile, Sri Lanka is regularly bashed by interested parties on the basis of unverified accusations. Wouldn’t it have been better if Sri Lanka made reference to this most unusual confidentiality clause that effectively prevented examination of allegations? Perhaps, Sri Lanka will take it up at least now, well over a decade after the PoE report, and seven years after the country ended up in the Geneva agenda.

Having faulted the Sri Lanka Army, on three major counts, the PoE (Panel of Experts) accused Sri Lanka of massacring at least 40,000 civilians. Let me reproduce the paragraph, bearing no 137, verbatim: “In the limited surveys that have been carried out in the aftermath of the conflict, the percentage of people reporting dead relatives is high. A number of credible sources have estimated that there could have been as many as 40,000 civilian deaths. Two years after the end of the war, there is no reliable figure for civilian deaths, but multiple sources of information indicate that a range of up to 40,000 civilian deaths cannot be ruled out at this stage. Only a proper investigation can lead to the identification of all of the victims and to the formulation of an accurate figure for the total number of civilian deaths.“

Key issues that needed CoI attention

In the absence of a cohesive strategy to counter UN lies, vested interests, both here and abroad, propagated canards against the country to varying degrees. Let me mention issues that had to be examined in the overall defence strategy: (1) Dismissal of war crimes accusations by Lt. Col. Lawrence Smith in Colombo. The then US official did so at the May-June 2011 first post-war defence seminar in Colombo, two months after the release of the PoE report. The State Department disputed the official’s right to represent the US at the forum though it refrained from challenging the statement. (2) Examine the US statement along with Lord Naseby’s Oct 2017 disclosure, based on the then British Defence advisor Lt. Colonel Anthony Gash’s cables to London during the war. (3) Wikileaks revelations that dealt with the Sri Lanka war. A high profile Norwegian study on its role in the Sri Lanka conflict examined some cables. However, the Norwegian process never strengthened Sri Lanka’s defence. Instead Norway merely sought to disown its culpability in the events leading to the annihilation of the LTTE. One of the most important Wikileaks revelations cleared Sri Lanka of deliberately targeting civilians. The cable proved that our ground forces took heavy losses by taking the civilian factor into consideration. (4) Wide discrepancies in loss of civilian lives, claimed by UN, and various other interested parties. The UN estimated the figure at 40,000 (March 2011) whereas Amnesty International (Sept 2011) placed the number at 10,000 and a member of the UK Parliament (Sept 2011) estimated the death toll at 100,000. (5) Disgraceful attempt made by Geneva to exploit the so called Mannar mass graves during the yahapalana administration. The Foreign Ministry remained silent on the Mannar graves while Western diplomats played politics, only to be proved utterly wrong. Geneva faulted Sri Lanka before the conclusion of the investigation.

The then Northern Province Chief Minister Wigneswaran rejected scientific findings of Beta Analytic Institute of Florida, USA, in respect of samples of skeletal remains sent from the Mannar mass grave site. Human Rights Commissioner Michelle Bachelet went to the extent of commenting on the Mannar mass grave in her report that dealt with the period from Oct 2015 to January 2019.

Had the US lab issued a report to suit their strategy, would they have accepted fresh tests in case the government of Sri Lanka requested? The following is the relevant section bearing No 23 from Bachelet’s report: “On May 29, 2018, human skeletal remains were discovered at a construction site in Mannar (Northern Province), Excavations conducted in support of the Office on Missing Persons, revealed a mass grave from which more than 300 skeletons were discovered. It was the second mass grave found in Mannar following the discovery of a site in 2014. Given that other mass graves might be expected to be found in the future, systematic access to grave sites by the Office, as an observer, is crucial for it to fully discharge its mandate, particularly with regard to the investigation and identification of remains, it is imperative that the proposed reforms on the law relating to inquests, and relevant protocols to operationalize the law be adopted. The capacity of the forensic sector must also be strengthened, including in areas of forensic anthropology, forensic archaeology and genetics, and its coordination with the Office of Missing Persons must be ensured.” (6) Wigneswaran in his capacity as the then Northern Province Chief Minister in August 2016 accused the Army of killing over 100 LTTE cadres held in rehabilitation facilities. Wigneswaran, now an MP and leader of TMTK, claimed the detainees had been given poisonous injections resulting in deaths of 104 persons. The unprecedented accusation made by the retired Supreme Court Judge had been timed to attract international attention. Wigneswaran is on record as having said that a US medical team visiting Jaffna, at that time, would examine the former rehabilitated LTTE cadres, who he alleged had fallen sick because they were injected with poisonous substances at government detention or rehabilitation centres.

Sri Lanka paid a very heavy price for its pathetic failure to counter a web of lies fashioned by interested parties, both local and foreign, and well-funded by the West, to coerce the country to adopt a new Constitution to suit the separatist agenda. Had they succeeded, Sri Lanka’s unitary status could have been done away through constitutional means against the backdrop of eradication of the LTTE’s conventional power.

All News Advertisement

Midweek Review

Fonseka clears Rajapaksas of committing war crimes he himself once accused them of

Published

5 days ago

2026/02/25

Sahan Weerasooriya

With Sri Lanka’s 17th annual war victory over separatist Tamil terrorism just months away, warwinning Army Chief, Field Marshal Sarath Fonseka (Dec. 06, 2005, to July 15, 2009) has significantly changed his war narrative pertaining to the final phase of the offensive that was brought to an end on May 18, 2009.

The armed forces declared the conclusion of ground operations on that day after the entire northern region was brought back under their control. LTTE leader Velupillai Prabhakaran, hiding within the secured area, was killed on the following day. His body was recovered from the banks of the Nanthikadal lagoon.

With the war a foregone conclusion, with nothing to save the increasingly hedged in Tigers taking refuge among hapless Tamil civilians, Fonseka left for Beijing on May 11, and returned to Colombo, around midnight, on May 17, 2009. The LTTE, in its last desperate bid to facilitate Prabhakatan’s escape, breached one flank of the 53 Division, around 2.30 am, on May 18. But they failed to bring the assault to a successful conclusion and by noon the following day those fanatical followers of Tiger Supremo, who had been trapped within the territory, under military control, died in confrontations.

During Fonseka’s absence, the celebrated 58 Division (formerly Task Force 1), commanded by the then Maj. Gen. Shavendra Silva, advanced 31/2 to 4 kms and was appropriately positioned with Maj. Gen. Kamal Gunaratne’s 53 Division. The LTTE never had an opportunity to save its leader by breaching several lines held by frontline troops on the Vanni east front. There couldn’t have been any other option than surrendering to the Army.

The Sinha Regiment veteran, who had repeatedly accused the Rajapaksas of war crimes, and betraying the war effort by providing USD 2 mn, ahead of the 2005 presidential election, to the LTTE, in return for ordering the polls boycott that enabled Mahinda Rajapaksa’s victory, last week made noteworthy changes to his much disputed narrative.

GR’s call to Shavendra What did the former Army Commander say?

* The Rajapaksas wanted to sabotage the war effort, beginning January 2008.

* In January 2008, Mahinda Rajapaksa, Defence Secretary Gotabaya Rajapaksa and Navy Commander VA Wasantha Karannagoda, proposed to the National Security Council that the Army should advance from Vavuniya to Mullithivu, on a straight line, to rapidly bring the war to a successful conclusion. They asserted that Fonseka’s strategy (fighting the enemy on multiple fronts) caused a lot of casualties.

* They tried to discourage the then Lt. Gen. Fonseka

* Fonseka produced purported video evidence to prove decisive intervention made by Defence Secretary Gotabaya Rajapaksa on the afternoon of May 17. The ex-Army Chief’s assertion was based on a telephone call received by Maj. Gen. Shavendra Silva from Gotabaya Rajapaksa. That conversation had been captured on video by Swarnavahini’s Shanaka de Silva who now resides in the US. He had been one of the few persons, from the media, authorised by the Army Headquarters and the Defence Ministry to be with the Army leadership on the battlefield. Fonseka claimed that the videographer fled the country to escape death in the hands of the Rajapaksas. It was somewhat reminiscent of Maithripala Sirisena’s claim that if Rajapaksas win the 2015 Presidential election against him he would be killed by them.

* Shanaka captured Shavendra Silva disclosing three conditions laid down by the LTTE to surrender namely (a) Their casualties should be evacuated to Colombo by road (b) They were ready to exchange six captured Army personnel with those in military custody and (c) and the rest were ready to surrender.

* Then Fonseka received a call from Gotabaya Rajapaksa, on a CDMA phone. The Defence Secretary issued specific instructions to the effect that if the LTTE was to surrender that should be to the military and definitely not to the ICRC or any other third party. Gotabaya Rajapaksa, one-time Commanding Officer of the 1st battalion of the Gajaba Regiment, ordered that irrespective of any new developments and talks with the international community, offensive action shouldn’t be halted. That declaration directly contradicted Fonseka’s claim that the Rajapaksas conspired to throw a lifeline to the LTTE.

Fonseka declared that the Rajapaksa brothers, in consultation with the ICRC, and Amnesty International, offered an opportunity for the LTTE leadership to surrender, whereas his order was to annihilate the LTTE. The overall plan was to eliminate all, Fonseka declared, alleging that the Rajapaksa initiated talks with the LTTE and other parties to save those who had been trapped by ground forces in a 400 m x 400 m area by the night of May 16, among a Tamil civilian human shield held by force.

If the LTTE had agreed to surrender to the Army, Mahinda Rajapaksa would have saved their lives. If that happened Velupillai Prabhakaran would have ended up as the Chief Minister of the Northern Province, he said. Fonseka shocked everyone when he declared that he never accused the 58 Division of executing prisoners of war (white flag killings) but the issue was created by those media people embedded with the military leadership. Fonseka declared that accusations regarding white flag killings never happened. That story, according to Fonseka, had been developed on the basis of the Rajapaksas’ failed bid to save the lives of the LTTE leaders.

Before we discuss the issues at hand, and various assertions, claims and allegations made by Fonseka, it would be pertinent to remind readers of wartime US Defence Advisor in Colombo Lt. Col. Lawrence Smith’s June 2011 denial of white flag killings. The US State Department promptly declared that the officer hadn’t spoken at the inaugural Colombo seminar on behalf of the US. Smith’s declaration, made two years after the end of the war, and within months after the release of the Darusman report, dealt a massive blow to false war crimes allegations.

UN Secretary-General Ban Ki-moon, in 2010, appointed a three-member Panel of Experts, more like a kangaroo court, consisting of Marzuki Darusman, Yasmin Sooka, and Steven Ratner, to investigate war crimes accusations.

Now Fonseka has confirmed what Smith revealed at the defence seminar in response to a query posed by Maj. General (retd.) Ashok Metha of the IPKF to Shavendra Silva, who had been No 02 in our UN mission, in New York, at that time.

White flag allegations

‘White flag’ allegations cannot be discussed in isolation. Fonseka made that claim as the common presidential candidate backed by the UNP-JVP-TNA combine. The shocking declaration was made in an interview with The Sunday Leader Editor Frederica Jansz published on Dec. 13, 2009 under ‘Gota ordered them to be shot – General Sarath Fonseka.’

The ‘white flag’ story had been sensationally figured in a leaked confidential US Embassy cable, during Patricia Butenis tenure as the US Ambassador here. Butenis had authored that cable at 1.50 pm on Dec. 13, 2009, the day after the now defunct The Sunday Leader exclusive. Butenis had lunch with Fonseka in the company of the then UNP Deputy Leader Karu Jayasuriya, according to the cable. But for the writer the most interesting part had been Butenis declaration that Fonseka’s advisors, namely the late Mangala Samaraweera, Anura Kumara Dissanayake (incumbent President) and Vijitha Herath (current Foreign Minister) wanted him to retract part of the story attributed to him.

Frederica Jansz fiercely stood by her explosive story. She reiterated the accuracy of the story, published on Dec. 13, 2009, during the ‘white flag’ hearing when the writer spoke to her. There is absolutely no reason to suspect Frederica Jansz misinterpreted Fonseka’s response to her queries.

Subsequently, Fonseka repeated the ‘white flag’ allegation at a public rally held in support of his candidature. Many an eyebrow was raised at The Sunday Leader’s almost blind support for Fonseka, against the backdrop of persistent allegations directed at the Army over Lasantha Wickrematunga’s killing. Wickrematunga, an Attorney-at-Law by profession and one-time Private Secretary to Opposition Leader Sirimavo Bandaranaike, was killed on the Attidiya Road, Ratmalana in early January 2009.

The Darusman report, too, dealt withthe ‘white flag’ killings and were central to unsubstantiated Western accusations directed at the Sri Lankan military. Regardless of the political environment in which the ‘white flag’ accusations were made, the issue received global attention for obvious reasons. The accuser had been the war-winning Army Commander who defeated the LTTE at its own game. But, Fonseka insisted, during his meeting with Butenis, as well as the recent public statement that the Rajapaksas had worked behind his back with some members of the international community.

Fresh inquiry needed

Fonseka’s latest declaration that the Rajapaksas wanted to save the LTTE leadership came close on the heels of Deputy British Prime Minister David Lammy’s whistle-stop visit here. The UK, as the leader of the Core Group on Sri Lanka at the Geneva-based United Nations Human Rights Council, spearheads the campaign targeting Sri Lanka.

Lammy was on his way to New Delhi for the AI Impact Summit. The Labour campaigner pushed for action against Sri Lanka during the last UK general election. In fact, taking punitive action against the Sri Lankan military had been a key campaign slogan meant to attract Tamil voters of Sri Lankan origin. His campaign contributed to the declaration of sanctions in March 2025 against Admiral of the Fleet Wasantha Karannagoda, General (retd) Shavendra Silva, General (retd) Jagath Jayasuriya and ex-LTTE commander Karuna, who rebelled against Prabhakaran. Defending Shavendra Silva, Fonseka, about a week after the imposition of the UK sanctions, declared that the British action was unfair.

But Fonseka’s declaration last week had cleared the Rajapaksas of war crimes. Instead, they had been portrayed as traitors. That declaration may undermine the continuous post-war propaganda campaign meant to demonise the Rajapaksas and top ground commanders.

Canada, then a part of the Western clique that blindly towed the US line, declared Sri Lanka perpetrated genocide and also sanctioned ex-Presidents Mahinda Rajapaksa and Gotabaya Rajapaksa. Other countries resorted to action, though such measures weren’t formally announced. General (retd) Jagath Dias and Maj. Gen (retd) Chagie Gallage were two of those targeted.

Against the backdrop of Fonseka’s latest claims, in respect of accountability issues, the urgent need to review action taken against Sri Lanka cannot be delayed. Although the US denied visa when Fonseka was to accompany President Maithripala Sirisena to the UN, in Sept. 2016, he hadn’t been formally accused of war crimes by the western powers, obviously because he served their interests.

On the basis of unsubstantiated allegations that hadn’t been subjected to judicial proceedings, Geneva initiated actions. The US, Canada and UK acted on those accusations. The US sanctioned General Shavendra Silva in Feb. 2020 and Admiral Karannagoda in April 2023.

What compelled Fonseka to change his narrative, 18 years after his Army ended the war? Did Fonseka base his latest version solely on Shanaka de Silva video? Fonseka is on record as claiming that he got that video, via a third party, thereby Shanaka de Silva had nothing to do with his actions.

DNA and formation of DP

Having realised that he couldn’t, under any circumstances, reach a consensus with the UNP to pursue a political career with that party, Fonseka teamed up with the JVP, one of the parties in the coalition that backed his presidential bid in 2010. Fonseka’s current efforts to reach an understanding with the JVP/NPP (President Anura Kumara Dissanayake is the leader of both registered political parties) should be examined against the backdrop of their 2010 alliance.

Under Fonseka’s leadership, the JVP, and a couple of other parties/groups, contested, under the symbol of the Democratic National Alliance (DNA) that had been formed on 22 Nov. 2009. but the grouping pathetically failed to live up to their own expectations. The results of the parliamentary polls, conducted in April 2010, had been devastating and utterly demoralising. Fonseka, who polled about 40% of the national vote at the January 2010 presidential election, ended up with just over 5% of the vote, and the DNA only managed to secure seven seats, including two on the National List. The DNA group consisted of Fonseka, ex-national cricket captain Arjuna Ranatunga, businessman Tiran Alles and four JVPers. Anura Kumara Dissanayake was among the four.

Having been arrested on February 8, 2010, soon after the presidential election, Fonseka was in prison. He was court-martialed for committing “military offences”. He was convicted of corrupt military supply deals and sentenced to three years in prison. Fonseka vacated his seat on 7 Oct .2010. Following a failed legal battle to protect his MP status, Fonseka was replaced by DNA member Jayantha Ketagoda on 8 March 2011. But President Mahinda Rajapaksa released Fonseka in May 2012 following heavy US pressure. The US went to the extent of issuing a warning to the then SLFP General Secretary Maithripala Sirisena that unless President Rajapaksa freed Fonseka he would have to face the consequences (The then Health Minister Sirisena disclosed the US intervention when the writer met him at the Jealth Ministry, as advised by President Rajapaksa)

By then, Fonseka and the JVP had drifted apart and both parties were irrelevant. Somawansa Amarasinghe had been the leader at the time the party decided to join the UNP-led alliance that included the TNA, and the SLMC. The controversial 2010 project had the backing of the US as disclosed by leaked secret diplomatic cables during Patricia Butenis tenure as the US Ambassador here.

In spite of arranging the JVP-led coalition to bring an end to the Rajapaksa rule, Butenis, in a cable dated 15 January 2010, explained the crisis situation here. Butenis said: “There are no examples we know of a regime undertaking wholesale investigations of its own troops or senior officials for war crimes while that regime or government remained in power. In Sri Lanka this is further complicated by the fact that responsibility for many of the alleged crimes rests with the country’s senior civilian and military leadership, including President Rajapaksa and his brothers and opposition candidate General Fonseka.”

Then Fonseka scored a major victory when Election Commissioner Mahinda Deshapriya on 1 April, 2013, recognised his Democratic Party (DNA was registered as DP) with ‘burning flame’ as its symbol. There hadn’t been a previous instance of any service commander registering a political party. While Fonseka received the leadership, ex-Army officer Senaka de Silva, husband of Diana Gamage ((later SJB MP who lost her National List seat over citizenship issue) functioned as the Deputy Leader.

Having covered Fonseka’s political journey, beginning with the day he handed over command to Lt. Gen. Jagath Jayasuriya, in July, 2009, at the old Army Headquarters that was later demolished to pave the way for the Shangri-La hotel complex, the writer covered the hastily arranged media briefing at the Solis reception hall, Pitakotte, on 2 April, 2023. Claiming that his DP was the only alternative to what he called corrupt Mahinda Rajapaksa’s government and bankrupt Ranil Wickremesinghe-led Opposition, a jubilant Fonseka declared himself as the only alternative (‘I am the only alternative,’ with strapline ‘SF alleges Opposition is as bad as govt’. The Island, April 3, 2013).

Fonseka had been overconfident to such an extent, he appealed to members of the government parliamentary group, as well as the Opposition (UNP), to switch allegiance to him. As usual Fonseka was cocky and never realised that 40% of the national vote he received, at the presidential election, belonged to the UNP, TNA and the JVP. Fonseka also disregarded the fact that he no longer had the JVP’s support. He was on his own. The DP never bothered to examine the devastating impact his 2010 relationship with the TNA had on the party. The 2015 general election results devastated Fonseka and underscored that there was absolutely no opportunity for a new party. The result also proved that his role in Sri Lanka’s triumph over the LTTE hadn’t been a decisive factor.

RW comes to SF’s rescue

Fonseka’s DP suffered a humiliating defeat at the August 2015 parliamentary polls. The outcome had been so bad that the DP was left without at least a National List slot. Fonseka was back to square one. If not for UNP leader and Prime Minister Ranil Wickremesinghe, Fonseka could have been left in the cold. Wickremesinghe accommodated Fonseka on their National List, in place of SLFPer M.K.D.S. Gunawardene, who played a critical role in an influential section of the party and the electorate shifting support to Maithripala Sirisena. Gunawardena passed away on 19 January, 2016. Wickremesinghe and Fonseka signed an agreement at Temple Trees on 3 February, 2016. Fonseka received appointment as National List MP on 9 February, 2016, and served as Minister of Regional Development and, thereafter, as Minister of Wildlife and Sustainable Development, till Oct. 2018. Fonseka lost his Ministry when President Sirisena treacherously sacked Wickremesinghe’s government to pave the way for a new partnership with the Rajapaksas. The Supreme Court discarded that arrangement and brought back the Yahapalana administration but Sirisena, who appointed Fonseka to the lifetime rank of Field Marshal, in recognition of his contribution to the defeat of terrorism, refused to accommodate him in Wickremesinghe’s Cabinet. The President also left out Wasantha Karannagoda and Roshan Goonetilleke. Sirisena appointed them Admiral of the Fleet and Marshal of Air Force, respectively, on 19, Sept. 2019, in the wake of him failing to secure the required backing to contest the Nov. 2019 presidential election.

Wickremesinghe’s UNP repeatedly appealed on behalf of Fonseka in vain to Sirisena. At the 2020 general election, Fonseka switched his allegiance to Sajith Premadasa and contested under the SJB’s ‘telephone’ symbol and was elected from the Gampaha district. Later, following a damaging row with Sajith Premadasa, he quit the SJB as its Chairman and, at the last presidential election, joined the fray as an independent candidate. Having secured just 22,407 votes, Fonseka was placed in distant 9th position. Obviously, Fonseka never received any benefits from support extended to the 2022 Aragalaya and his defeat at the last presidential election seems to have placed him in an extremely difficult position, politically.

Let’s end this piece by reminding that Fonseka gave up the party leadership in early 2024 ahead of the presidential election. Senaka de Silva succeeded Fonseka as DP leader, whereas Dr. Asosha Fernando received appointment as its Chairman. The DP has aligned itself with the NPP. The rest is history.

By Shamindra Ferdinando

Midweek Review

Strengths and weaknesses of BRICS+: Implications for Global South

Published

5 days ago

2026/02/25

Sahan Weerasooriya

The 16th BRICS Summit, from 22 to 24 October 2024 in Kazan, was attended by 24 heads of state, including the five countries that officially became part of the group on 1 January: Saudi Arabia, the United Arab Emirates, Iran, Egypt and Ethiopia. Argentina finally withdrew from the forum after Javier Milei’s government took office in 2023.

In the end, it changed its strategy and instead of granting full membership made them associated countries adding a large group of 13 countries: two from Latin America (Bolivia and Cuba), three from Africa (Algeria, Nigeria, Uganda) and eight from Asia (Belarus, Indonesia, Kazakhstan, Malaysia, Thailand, Turkey, Uzbekistan and Vietnam). This confirms the expansionary intent of the BRICS, initiated last year and driven above all by China, which seeks to turn the group into a relevant multilateral forum, with focus on political than economic interaction, designed to serve its interests in the geopolitical dispute with the United States. This dispute however is not the making of China but has arisen mainly due to the callous bungling of Donald Trump in his second term in office.

China has emerged as the power that could influence the membership within the larger group more than its rival in the region, India. Obviously, the latter is concerned about these developments but seems powerless to stop the trend as more countries realize the need for the development of capacity to resist Western dominance. India in this regard seems to be reluctant possibly due to its defence obligations to the US with Trump declaring war against countries that try to forge partnerships aiming to de-dollarize the global economic system.

The real weakness in BRICS therefore, is the seemingly intractable rivalry between China and India and the impact of this relationship on the other members who are keen to see the organisation grow its capacity to meet its stated goals. China is committed to developing an alternative to the Western dominated world order, particularly the weaponization of the dollar by the US. India does not want to be seen as anti-west and as a result India is often viewed as a reluctant or cautious member of BRICS. This problem seems to be perpetuated due to the ongoing border tensions with China. India therefore has a desire to maintain a level playing field within the group, rather than allowing it to be dominated by Beijing.

Though India seems to be committed to a multipolar world, it prefers focusing on economic cooperation over geopolitical alignment. India thinks the expansion of BRICS initiated by China may dilute its influence within the bloc to the advantage of China. India fears the bloc is shifting toward an anti-Western tilt driven by China and Russia, complicating its own strong ties with the West. India is wary of the new members who are also beneficiaries of China’s Belt and Road Initiative. While China aims to use BRICS for anti-Western geopolitical agendas, India favors focusing on South-South financial cooperation and reforming international institutions. Yet India seems to be not in favour of creating a new currency to replace the dollar which could obviously strengthen the South-South financial transactions bypassing the dollar.

Moreover, India has explicitly opposed the expansion of the bloc to include certain nations, such as Pakistan, indicating a desire to control the group’s agenda, especially during its presidency.

In this equation an important factor is the role that Russia could play. The opinion expressed by the Russian foreign minister in this regard may be significant. Referring to the new admissions the Russian Foreign Minister Sergey Lavrov has said: “The weight, prominence and importance of the candidates and their international standing were the primary factors for us [BRICS members]. It is our shared view that we must recruit like-minded countries into our ranks that believe in a multipolar world order and the need for more democracy and justice in international relations. We need those who champion a bigger role for the Global South in global governance. The six countries whose accession was announced today fully meet these criteria.”

The admission of three major oil producing countries, Saudi Arabia, Iran and UAE is bound to have a significant impact on the future global economic system and consequently may have positive implications for the Global South. These countries would have the ability to decisively help in creating a new international trading system to replace the 5 centuries old system that the West created to transfer wealth from the South to the North. This is so because the petro-dollar is the pillar of the western banking system and is at the very core of the de-dollarizing process that the BRICS is aiming at. This cannot be done without taking on board Saudi Arabia, a staunch ally of the west. BRICS’ expansion, therefore, is its transformation into the most representative community in the world, whose members interact with each other bypassing Western pressure. Saudi Arabia and Iran are actively mending fences, driven by a 2023 China-brokered deal to restore diplomatic ties, reopen embassies, and de-escalate regional tensions. While this detente has brought high-level meetings and a decrease in direct hostility rapprochement is not complete yet and there is hope which also has implications, positive for the South and may not be so for the North.

Though the US may not like what is going on, Europe, which may not endorse all that the former does if one is to go by the speech delivered by the Canadian PM in Brazil recently, may not be displeased about the rapid growth of BRICS. The Guardian UK highlighted expert opinion that BRICS expansion is rather “a symbol of broad support from the global South for the recalibration of the world order.” A top official at the Konrad Adenauer Foundation, Caroline Kanter has told the daily, “It is obvious that we [Western countries] are no longer able to set our own conditions and standards. Proposals will be expected from us so that in the future we will be perceived as an attractive partner.” At the same time, the bottom line is that BRICS expansion is perceived in the West as a political victory for Russia and China which augurs well for the future of BRICS and the Global South.

Poor countries, relentlessly battered by the neo-liberal global economy, will greatly benefit if BRICS succeeds in forging a new world order and usher in an era of self-sufficiency and economic independence. There is no hope for them in the present system designed to exploit their natural resources and keep them in a perpetual state of dependency and increasing poverty. BRICS is bound to be further strengthened if more countries from the South join it. Poor countries must come together and with the help of BRICS work towards this goal.

by N. A. de S. Amaratunga