by Harim Peiris
The Rajapaksa administration completed its first year in office, a few days ago, with Sri Lanka being in the midst of a raging Covid-19 second wave, which has seen confirmed cases of the virus in the country, pass the 20,000 mark, with the highly populated and economically crucial Western Province, being the new epicentre.
Twelve months, since the historic and momentous victory of the ruling Sri Lanka Podujana Peramuna (SLPP) and its presidential candidate, have passed quickly. With a year that was dominated by the twenty first century’s first global pandemic, to perhaps the Spanish flu about a century ago. Sri Lanka dealt with the first wave earlier this year, relatively successfully with few infections and single digit Covid-19 related deaths. The newly installed SLPP / Rajapaksa Administration claimed credit for an efficient epidemic management and possibly reaped some political benefit from the same, winning an unexpected and massive two-thirds majority in the general elections to parliament in August this year. Surpassing the seat tally received by a prior Rajapaksa Administration, under the UPFA banner, in the post war euphoria, elections of 2010. Quite a credit then to the current Rajapaksa administration, for surpassing itself.
However, the political year 2019/20, was not without its significant events, which will shape Sri Lankan national life for the next few years. First, it is the absolute implosion of the United National Party and the emergence of young Sajith Premadasa as both the credible runner-up in the presidential race and the new Leader of the Opposition. Replacing long serving UNP leader and former Prime Minister, Ranil Wickremesinghe, whose refusal to concede defeat in his internal political battle with his erstwhile deputy, has resulted in the weakest political opposition in a decade, seriously weakening the checks and balances so essential in a democratic society. But a political transition has taken place, in both government and Opposition from Mahinda to Gotabaya and Ranil to Sajith.
Militarization of civilian space and centralization of political power
Probably, the most defining aspect of the current Rajapaksa administration is the militarisation of civilian space in public administration and governance. While Prime Minister and former President Mahinda Rajapaksa ascended to the apex of national governance through the democratic political process, the path which brought younger sibling and current President Gotabaya Rajapakas to power, lay through a career in the military, culminating in the highest office in the Ministry of Defence. Accordingly, governance under the current Rajapaksa administration has been dominated by the military, either serving or retired. The Covid-19 public health emergency has been placed under the serving Army Commander, rather than the Health Minister or the Health Ministry. Accordingly, there has been criticism of a reduction in health expenditure, lack of any increase in hospital bed capacity and Sri Lanka’s relatively low rate of Covid-19 testing.
Most of the high official positions in the administration including foreign affairs, health, ports and customs among others are occupied by retired or serving senior military men, competent undoubtedly, but not from the civilian Sri Lanka Administrative Service. Other key government functions seem to be allocated to presidential tasks forces, headed and dominated by military and security personnel, rather than relevant line ministries. Accordingly, such objectives as the Eastern Province archeological site preservation and the creation of a disciplined and virtuous society have been entrusted to military task forces.
The centralisation of political power in the executive presidency through the recently enacted 20th Amendment to the Constitution, mostly rolls back the modest democratic gains associated with the 19th Amendment to the Constitution, and once again establishes Sri Lanka’s executive president as an elected absolute ruler. The administration required the help and support of some breakaway Opposition Muslim MPs to manage and mitigate its own internal dissent on the 20th Amendment.
A Covid-19 influenced economic meltdown
A significant factor in the single term demise of the Sirisena / Wickremesinghe Administration and the return to power of the Rajapaksas was likely the dismal governance performance, the anaemic economic growth and the absence of a peace dividend during the 2015 to 2019 period. Recognising this and that generally good economics is always good politics; the Rajapaksa administration has been keen to try and up its economic management game. This attempt has been seriously stymied by the Covid-19 pandemic and the effect of the lockdowns and the airport shutdown on the tourism and general services sectors. We are headed for a recession in excess of perhaps negative five percent (-5%), though we would have to await the Central Bank reports for the exact figure. The administration doesn’t really seem to have an answer to the serious economic challenges ahead, with their first budget earlier this month, seemingly more wishful than realistic or pragmatic.
A serious foreign policy tilt to China
Also, in the area of foreign policy, Sri Lanka’s decades long and carefully crafted non-aligned and neutral foreign policy, which followed a balance between the competing interests of major powers in the region, including of India, seems to have been jettisoned in favour of a serious pivot towards China, notwithstanding government lip service to the contrary. This is unwise and weakens key relationships with our largest trading partner the United States and, of course, our historical and huge sub continental neighbour India, to the detriment of our own national interests.
The first year of the new Rajapaksa administration would draw mixed reviews, dominated as it has been by the Covid-19 pandemic and its management, but pursuing and implementing policies, which avoid serious scrutiny and debate, precisely because of the pandemic. But those policies and their effects will be keenly felt and should be more closely examined later on in the administration’s term of office.
(The writer served as Advisor, Ministry of Foreign Affairs from 2016-2017)
Govt.’s choice is dialogue over confrontation
By Jehan Perera
Preparing for the forthcoming UN Human Rights Council cannot be easy for a government elected on a nationalist platform that was very critical of international intervention. When the government declared its intention to withdraw from Sri Lanka’s co-sponsorship of the October 2015 resolution No. 30/1 last February, it may have been hoping that this would be the end of the matter. However, this is not to be. The UN Human Rights High Commissioner’s report that will be taken up at the forthcoming UNHRC session in March contains a slate of proposals that are severely punitive in nature and will need to be mitigated. These include targeted economic sanctions, travel bans and even the involvement of the International Criminal Court.
Since UN Secretary General Ban Ki-Moon’s visit in May 2009 just a few days after the three-decade long war came to its bloody termination, Sri Lanka has been a regular part of the UNHRC’s formal discussion and sometimes even taking the centre stage. Three resolutions were passed on Sri Lanka under acrimonious circumstances, with Sri Lanka winning the very first one, but losing the next two. As the country became internationally known for its opposition to revisiting the past, sanctions and hostile propaganda against it began to mount. It was only after the then Sri Lankan government in 2015 agreed to co-sponsor a fresh resolution did the clouds begin to dispel.
Clearly in preparation for the forthcoming UNHRC session in Geneva in March, the government has finally delivered on a promise it made a year ago at the same venue. In February 2020 Foreign Minister Dinesh Gunawardena sought to prepare the ground for Sri Lanka’s withdrawal from co-sponsorship of UN Human Rights Council resolution No 30/1 of 2015. His speech in Geneva highlighted two important issues. The first, and most important to Sri Lanka’s future, was that the government did not wish to break its relationships with the UN system and its mechanisms. He said, “Sri Lanka will continue to remain engaged with, and seek as required, the assistance of the UN and its agencies including the regular human rights mandates/bodies and mechanisms in capacity building and technical assistance, in keeping with domestic priorities and policies.”
Second, the Foreign Minister concluding his speech at the UNHRC session in Geneva saying “No one has the well-being of the multi-ethnic, multi-lingual, multi-religious and multi-cultural people of Sri Lanka closer to their heart, than the Government of Sri Lanka. It is this motivation that guides our commitment and resolve to move towards comprehensive reconciliation and an era of stable peace and prosperity for our people.” On that occasion the government pledged to set up a commission of inquiry to inquire into the findings of previous commissions of inquiry. The government’s action of appointing a sitting Supreme Court judge as the chairperson of a three-member presidential commission of inquiry into the findings and recommendations of earlier commissions and official bodies can be seen as the start point of its response to the UNHRC.
The government’s setting up of a Commission of Inquiry has yet to find a positive response from the international and national human rights community and may not find it at all. The national legal commentator Kishali Pinto Jayawardene has written that “the tasks encompassed within its mandate have already been performed by the Lessons Learnt and Reconciliation Commission (LLRC, 2011) under the term of this President’s brother, himself the country’s Executive President at the time, Mahinda Rajapaksa.” Amnesty International has stated that “Sri Lanka has a litany of such failed COIs that Amnesty International has extensively documented.” It goes on to quote from the UN High Commissioner for Human Rights that “Domestic processes have consistently failed to deliver accountability in the past and I am not convinced the appointment of yet another Commission of Inquiry will advance this agenda. As a result, victims remain denied justice and Sri Lankans from all communities have no guarantee that past patterns of human rights violations will not recur.”
It appears that the government intends its appointment of the COI to meet the demand for accountability in regard to past human rights violations. Its mandate includes to “Find out whether preceding Commissions of Inquiry 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.” In the past the government has not been prepared to accept that such violations took place in a way that is deserving of so much of international scrutiny. Time and again the point has been made in Sri Lanka that there are no clean wars fought anywhere in the world.
International organisations that stands for the principles of international human rights will necessarily be acting according to their mandates. These include seeking the intervention of international judicial mechanisms or seeking to promote hybrid international and national joint mechanisms within countries in which the legal structures have not been successful in ensuring justice. The latter was on the cards in regard to Resolution 30/1 from which the government withdrew its co-sponsorship. The previous government leaders who agreed to this resolution had to publicly deny any such intention in view of overwhelming political and public opposition to such a hybrid mechanism. The present government has made it clear that it will not accept international or hybrid mechanisms.
In the preamble to the establishment of the COI the government has made some very constructive statements that open up the space for dialogue on issues of accountability, human rights and reconciliation. It states that “the policy of the Government of Sri Lanka is to continue to work with the United Nations and its Agencies to achieve accountability and human resource development for achieving sustainable peace and reconciliation, even though Sri Lanka withdrew from the co-sponsorship of the aforesaid resolutions” and further goes on to say that “the Government of Sri Lanka is committed to ensure that, other issues remain to be resolved through democratic and legal processes and to make institutional reforms where necessary to ensure justice and reconciliation.”
As the representative of a sovereign state, the government cannot be compelled to either accept international mechanisms or to prosecute those it does not wish to prosecute. At the same time its willingness to discuss the issues of accountability, justice and reconciliation as outlined in the preamble can be considered positively. The concept of transitional justice on which Resolution No 30/1 was built consists of the four pillars of truth, accountability, reparations and institutional reform. There is international debate on whether these four pillars should be implemented simultaneously or whether it is acceptable that they be implemented sequentially depending on the country context.
The government has already commenced the reparations process by establishing the Office for Reparations and to allocate a monthly sum of Rs 6000 to all those who have obtained Certificates of Absence (of their relatives) from the Office of Missing Persons. This process of compensation can be speeded up, widened and improved. It is also reported that the government is willing to consider the plight of suspected members of the LTTE who have been in detention without trial, and in some cases without even being indicted, for more than 10 years. The sooner action is taken the better. The government can also seek the assistance of the international community, and India in particular, to develop the war affected parts of the country on the lines of the Marshall Plan that the United States utilized to rebuild war destroyed parts of Europe. Member countries of the UNHRC need to be convinced that the government’s actions will take forward the national reconciliation process to vote to close the chapter on UNHRC resolution 30/1 in March 2021.
Album to celebrate 30 years
Rajiv Sebastian had mega plans to celebrate 30 years, in showbiz, and the plans included concerts, both local and foreign. But, with the pandemic, the singer had to put everything on hold.
However, in order to remember this great occasion, the singer has done an album, made up of 12 songs, featuring several well known artistes, including Sunil of the Gypsies.
All the songs have been composed, very specially for this album.
Among the highlights will be a duet, featuring Rajiv and the Derena DreamStar winner, Andrea Fallen.
Andrea, I’m told, will also be featured, doing a solo spot, on the album.
Rajiv and his band The Clan handle the Friday night scene at The Cinnamon Grand Breeze Bar, from 07.30 pm, onwards.
LET’S DO IT … in the new normal
The local showbiz scene is certainly brightening up – of course, in the ‘new normal’ format (and we hope so!)
Going back to the old format would be disastrous, especially as the country is experiencing a surge in Covid-19 cases, and the Western Province is said to be high on the list of new cases.
But…life has to go on, and with the necessary precautions taken, we can certainly enjoy what the ‘new normal’ has to offer us…by way of entertainment.
Bassist Benjy, who leads the band Aquarius, is happy that is hard work is finally bringing the band the desired results – where work is concerned.
Although new to the entertainment scene, Aquarius had lots of good things coming their way, but the pandemic ruined it all – not only for Aquarius but also for everyone connected with showbiz.
However, there are positive signs, on the horizon, and Benjy indicated to us that he is enthusiastically looking forward to making it a happening scene – wherever they perform.
And, this Friday night (January 29th), Aquarius will be doing their thing at The Show By O, Mount Lavinia – a beach front venue.
Benjy says he is planning out something extra special for this particular night.
“This is our very first outing, as a band, at The Show By O, so we want to make it memorable for all those who turn up this Friday.”
The legendary bassist, who lights up the stage, whenever he booms into action, is looking forward to seeing music lovers, and all those who missed out on being entertained for quite a while, at the Mount Lavinia venue, this Friday.
“I assure you, it will be a night to be remembered.”
Benjy and Aquarius will also be doing their thing, every Saturday evening, at the Darley rd. Pub & Restaurant, Colombo 10.
In fact, they were featured at this particular venue, late last year, but the second wave of Covid-19 ended their gigs.
Also new to the scene – very new, I would say – is Ishini and her band, The Branch.
Of course, Ishini is a singer of repute, having performed with Mirage, but as Ishini and The Branch, they are brand new!
Nevertheless, they were featured at certain five-star venues, during the past few weeks…of their existence.
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