By Uditha Devapriya
“It is not enough to have a philosophy, you have to have the right philosophy.”
— Joan Robinson to the then Central Bank Deputy Governor, quoted by S. B. D. de Silva
Academics and students tend to subscribe to certain dominant ideological paradigms, the assumptions which underlie them, and the conclusions those assumptions lead them to. Given that universities, particularly local universities, have turned into knowledge factories preferring unconditional acceptance to critical thinking, false paradigms and analogies get perpetuated easily. They get embedded in school curricula, public forums, and of course the public sphere: as much in the lecture hall as in parliament.
Most of these paradigms delve into what the best way forward for the country should be, economically and politically, or what it should not be. For instance, the Vehicle Importers’ Association of Sri Lanka in a recent letter to the President cautions him against the belief that local manufacture and assembly is the answer to Sri Lanka’s mounting debt and foreign exchange crisis. The reason, whoever wrote that letter avers, is that the process “does not add any value to the country’s economy and is merely designed for tax evasion and higher profit margins.” Further, it warns that “setting up a vehicle manufacturing plant is a lengthy process with extensive planning and research and development.”
This is more or less a rehash of the line that advocates of free markets and free trade take up. The 2021 Budget, with its emphasis on import restrictions and concessions to local businesses, including manufacturers, compelled the same response from these advocates in Parliament. According to them, it favours import substitution over export orientation, cuts the country from the benefits of free trade, and isolates it from the rest of the world. The one leads to the other: if we manufacture locally, we lose out on trade. If we lose out on trade, we lose out on everything. Ergo, we mustn’t think or go local.
Intellectuals and commentators, especially in (but not necessarily limited to) the English language media, tend to extol the virtues of free markets and the evils of state-led growth. They seem to think that Sri Lanka for the most has been caving into the latter paradigm: the state has widened at the expense of the private sector. The solution, according to pundits and analysts, is to let the market decide, and to limit the government to the role of what Robert Nozick called a “Night-watchman”, formulating the rules of the game (the economy) without playing it (intervening in the workings of the economy). These pundits and analysts then point at societies that supposedly prospered under a night-watchman state: the Tiger economies of East Asia, the US, and Western Europe.
Now quite a lot of people believe this. They accept it as patently obvious: a tautology which, if denied, would lead to a contradiction. British philosophers of the 18th century made a distinction between two kinds of statements: “All thieves are criminals” and “Richard is a thief.” The first is self-evident: to deny it would be to defy logic. In other words it exists a priori: you know it’s true even if you don’t try to prove it. The second is not self-evident: you need empirical evidence to test its validity. Such statements of opinion require proof before one can know whether they are true or false. In the social sciences as in the hard sciences, then, critical analysis and logical reasoning are absolutely indispensable.
Unfortunately, much of the hype surrounding advocacy of free market principles and small government is built on a self-evident premise: people believe economic liberalisation will lead to growth, so they think it should be implemented in the country. Import tariffs must be reduced or preferably eliminated, export-orientation must replace import-substitution, let’s not think of local industrialisation or machine-manufacture yet because we’re an island, and let’s reduce the role of the state because, after all, in the US, Britain, and East Asia, it played a minimal role. Ignored in the emphasis on the success of the latter countries is the specificity of their historical experience.
Countries are not all endowed with the same levels or the same kinds of resources. Nor do they magically transit to free markets and small governments. To say economic liberalisation worked there and that owing to it these principles must be applied here is to assume that all it takes for a country to prosper is the implementation of policies to which those countries which are supposedly implementing them now resorted only after they had passed through certain stages. This assumption, quoting the late S. B. D. de Silva, is “a veritable non-sequitur of bourgeois scholarship.” Taking the earlier argument into consideration, such assumptions are paraded as tautologies when in fact they are not. What is missing from the argument, in other words, is the same thing its proponents accuse the other side, i.e. the Big Government protectionist lobby, of lacking: reasoned, analytical judgement.
The US got to where it is largely through its leap to industrialisation in the latter part of the 19th century. Much of the industrialisation which transpired at that time was financed, not by private initiative, but by the government: vast tracts of land running into millions of acres were handed over to railway companies. In Britain, the state played an important role in promoting local industry, smothering the up-and-coming textile mills of India. Discussions about the success of private sector led growth in these countries leave out or ignore the role played by colonial conquest, which happened to be financed by the government. “Is there any greater example of a rampant state than the English state in the world?” asked a friend at an Advocata Night-Watchman seminar years ago. “When you’re talking laissez-faire, they were basically robbing the seas around the world, installing slavery.” True.
In East Asia three distinct case studies can be identified: Japan, Taiwan and South Korea, and Singapore. The foundation for Japan’s economy was laid down long before the war by the Tokugawa shogunate; it broke the stranglehold of petty traders, privileging industrial capital over merchant finance. Taiwan emerged from the war cut off from mainland China after the Communist takeover of 1949, yet American experts and economists who formulated that country’s transition to economic liberalisation didn’t embark on free market reforms right away: at first they oversaw rent reduction in 1949, the sale of public lands in 1951, and the commencement of a land-to-the-tiller program in 1953. Land reform limited ownership of paddy land to around 4.5 hectares, much lower than the 10-25 hectare limit imposed by the Sirimavo Bandaranaike government in 1972. South Korea underwent roughly the same set of reforms before it attained first world status.
Singapore is a different case, not least because unlike other East Asian countries it lacked a rural hinterland in which a transition from agriculture to industry could take place. Yet there too the role of government intervention cannot be denied, economically and also politically. Milton Friedman once referred to Lee Kuan Yew as a “benevolent dictator”, the very same epithet Maithripala Sirisena used on Mahinda Rajapaksa in 2014 after walking out from the then administration. In a 1993 essay, William Gibson described the country as “Disneyland with the Death Penalty”, bringing to mind Jagath Manuwarna’s remark about Sri Lanka at a press conference in late 2014: “kalakanni Disneylanthaya.” Unlike Manuwarna’s statement though, Gibson’s essay was banned by the Singaporean government.
Liberals and classical liberals, and even left-liberals, tend to look up to Singapore and Yew’s reforms without realising that, as Regi Siriwardena observed, their achievements rested on the denial of democratic and human rights. Hence when one columnist, drawing wildly false analogies, argues that Singapore lacked a president, yet accomplished much (implying that Sri Lanka doesn’t need an Executive Presidency to get things done), he fails to acknowledge or chooses to ignore not only that Singapore had just one political party during its transition from third world to first, but also that it curtailed dissent in a way that makes any hounding of dissent in Sri Lanka today look haphazard in comparison; when asked why he refused to tolerate political cartoons, for instance, Yew bluntly told Fergus Bordewich that in Confucian society politicians ought to be seen as deserving of respect. To my mind no parliamentarian in Sri Lanka has ever said the same thing using Buddhism as justification. I suppose that has to do with how free the media here is compared to the media there: the latest World Press Freedom Index, for instance, ranks Sri Lanka at 127, and Singapore at 158.
The absence of a rural hinterland made it all the easier for Singapore’s government to enact capitalist reforms, since it could dispense with the need to abolish the kind of pre-capitalist social relations that existed in Taiwan and South Korea. Despite this, however, government intervention swept across the country; in the words of one economist, Singapore responded to international economic forces “through manipulating the domestic economy.”
Wage adjustments vis-à-vis a National Wages Council, a high savings and investment culture promoted via state enforced and state directed abstinence, the shift towards manufacturing in the latter part of the 1960s, the growth of public enterprises (believed to have accounted for 14% to 16% of manufacturing output), and tight government control of trade unions all played a part in bolstering its prospects. As Hoff (1995) noted, the paradox of Singapore’s economic success was that while investments came from the private sector, savings relied on the public sector. It is true that the contribution by foreign investment was significant, yet had Singapore not had a rigidly regulated economy where, for instance, compensation costs for production workers were one-third that of the US equivalent by 1993, it would not have become the third world to first success story it is touted as today.
The specific conditions under which the East Asian economies transformed from developing to developed, from inward-looking to outward-looking, make their emulation in other parts of the world untenable if not unlikely. At the time the governments of these countries were imposing reforms, Western Europe was struggling to recover from wartime recession and MNCs had not become as active in peripheral countries as they would decades later. Their geopolitical alignment with the US in the Cold War guaranteed the success of the East Asian Tigers. Moreover, these were hardly what one could call classical liberal societies: political authoritarianism cohabited with economic liberalisation. Even that dichotomy comes off as false when we consider that government involvement figured heavily in these economies, something that advocates of free markets don’t seem to be aware of.
There was another significant factor: the absence of a merchant capitalist class in these countries. The Tokugawa reforms extended to Korea and Taiwan after Japan turned them into granaries for its domestic needs. The US experts hired to oversee reforms in Korea and Taiwan facilitated, rather than reversed, these processes. In Sri Lanka and much of the Third World, by contrast, experimentation with free market classical liberalism has resulted in not only political authoritarianism, but also the defenestration of an industrial sector, leading to lopsided growth financed by a Pettah merchant class: rather than manufacturing goods, they are imported and resold. The call for “going local”, then, contrary to what intellectuals, institutions, and Opposition MPs think, say, and write, has to do with more than a hysterical call for a garrison state. COVID-19 has sharpened the contradictions of the global economy. The World Bank and IMF paradigm of outward-oriented development is clearly not the way to go about, if we are to resolve these contradictions.
False analogies, assumptions, and tautologies thus will get us nowhere. It is certainly ironic that think-tanks and institutions that privilege reason over guesswork end up indulging in selective scholarship. Even more ironic are statements uttered by academics from countries which passed through several stages before making the transition from a planned order to a free market advising us to bypass those stages when implementing policy reforms here. It takes not only foresight and hindsight, but also courage, to swerve from and dispute these assumptions, dig deep into history, and understand what drives the wealth of nations and the poverty of others. Free markets alone will not do, as even the history of countries where they flourish today tell us. Something else can, and something else must.
Former OMP Chief now at BASL helm
By Shamindra Ferdinando
Editor of ‘Annidda’, Attorney-at-Law K.W. Janaranjana, in a piece in its Feb 21, 2021, edition that dealt with the election of Saliya Pieris, PC, as the President of the Bar Association of Sri Lanka (BASL), asserted that the government hadn’t made a special intervention in the contest.
The government hadn’t made political intervention, though a group of people, including the Secretary of the Sri Lanka Podujana Peramuna (SLPP), and its National List MP, and Attorney-at-Law Sagara Kariyawasam, made a bid to secure the backing of the government for Saliya’s rival. Such attempts made at the provincial level, too, failed to produce the desired results.
Saliya Pieris, who succeeded Kalinga Indatissa, PC, polled 5,093 votes at the election conducted on Feb 24. His rival, Kuvera de Zoysa, PC secured 2,797 votes. The winner secured a staggering 2,386 vote majority – just 321 short of the number of votes polled by De Zoysa.
Janaranjana, a leading member of the civil society grouping Purawesi Balaya, who played a significant role in the yahapalana political campaign, claimed that some of the lawyers who represented top government figures, too, backed Saliya Pieris. Emphasizing that all of them worked for Saliya’s victory, Janaranjana dismissed assertions that the victory achieved by Saliya Pieris was a severe debacle suffered by the Rajapaksas.
Janaranjana attributed the President’s Counsel’s victory to his commitment to the rule of law, independence of the judiciary and human rights throughout his legal career.
A battle between SLPP and Opp.
In spite of the government refraining from taking a stand, as pointed out by Janaranjana, the contest received unprecedented attention, with the lawyer electorate turning it into a battle between the SLPP government and the Opposition. Saliya Pieris, in an exclusive interview with Janaranjana, also published on the Feb 21, 2021 edition of Anidda, three days before the election, flayed the rival group. Pieris emphasized the responsibility, on the part of the BASL, to take a principled stand on contentious issues, regardless of the consequences. Pieris explained his public role since the arrest of High Court Judge Mahanama Tillekaratne, in 1998. Essentially, Pieris flayed the BASL for its failure to take up issues, such as the alleged attack on the Mannar Court by supporters of the then Minister Rishad Bathiudeen, during Mahinda Rajapaksa’s presidential term. However, Bathiudeen, leader of the All Ceylon Makkal Congress (ACMC), now represents the Samagi Jana Balavegaya (SJB).
Pieris also referred to the impeachment of Chief Justice, Shirani Bandaranayake 43, also during the previous Rajapaksa administration. However, there hadn’t been any reference at all to the BASL receiving Rs 2.5 mn sponsorship, in 2016, from disgraced Perpetual Treasuries Limited (PTL) in support of a high profile event conducted at a leading hotel, with the participation of the then Chief Justice, Attorney General, Solicitor General, the President and the Prime Minister. The BASL never explained why funds were obtained from PTL, despite its perpetration of Treasury bond scams, in Feb 2015, and March 2016.
The BASL should be also be seriously concerned about Hejaaz Hizbullah, a prominent lawyer arrested on April 14, 2020 over his direct involvement with the 2019 Easter Sunday attacks. Hizbullah was recently produced in court on a directive issued by Attorney General Dappula de Livera. The lawyer’s arrest, too, caused a sharp division among BASL members and contributed to the overwheming victory achieved by Pieris.
When the writer asked a lawyer, who voted for the winner, why he did so, he explained his position, on the condition of anonymity. The lawyer said: “Voted at the DC polling booth in Colombo. I didn’t vote last time. Lawyers preferred an anti-establishment candidate since the independence of the bar is paramount. On the other hand, lawyers detested hitherto unseen level of inducements being offered to win votes, as well as fabricated false accusations. Anonymous accusations and despicable strategies resulted in further revulsion towards the losing candidate. Unprecedented number of members turned up to ensure a resounding mandate to the winning candidate.
Saliya Pieris responds
The writer sought views of the newly elected BASL President as regards several issues.
(Q) What would be your priorities?
(A) Securing the rights of lawyers in the profession; making a positive impact on issues pertaining to the rule of law, independence of the judiciary and protection of fundamental rights; supporting juniors in the profession and supporting the welfare of the membership.
(Q) You served as first Chairman, OMP (Office of Missing Persons), an apparatus set up in terms of the 2015 Geneva Resolution. GoSL in March 2020
quit the Geneva process. What can BASL do to address accountability issues, both during the conflict and the post war period?
(A) The role of the BASL is different from the OMP. As I have stated, upholding the rule of law, the independence of the judiciary will be a priority. All domestic institutions which address these issues must be independent so that the people who seek relief from them trust these institutions and have confidence in them.
(Q) You secured well over 2000 votes than your rival. How do you intend to win the confidence of those who voted against you?
(A) I have received support from lawyers, across the country and from every community and area. My support cut across all lines, be it party, race, religion or area. On the very day of the announcement of my election, I reached out to all those members who did not vote for me and will continue to.do so. At the same time, I am sure that the members who voted otherwise at the elections will work with me for the betterment of the bar.
(Q)What would you do to prevent deaths in police custody?
(A) Police torture and deaths in custody affect the rule of law and should be condemned. There must be zero tolerance. The Bar must carefully examine these issues and, if needed, lobby the government to ensure fair investigations and that the perpetrators are punished.
(Q) What is your stand on implementation of death penalty and presidential pardon?
(A) These have not been discussed at the Bar Council as yet. My personal view is that I am opposed to the implementation of the death penalty. On presidential pardons, I am of the view that the power of pardon must not be used unreasonably, and must be done by taking into account several factors including the nature of the crime and the views of the aggrieved party.
Let me remind the readers of nine previous BASL Presidents, before Saliya Pieris, who won the presidency: Desmond Fernando, PC (2005 – 2006), Nihal Jayamanne, PC (2006 – 2008), W. Dayaratne, PC (2008 – 2010), Shibly Aziz, PC (2010 – 2012), Wijeyadasa Rajapakshe, PC (2012 – 2013), Upul Jayasuriya, PC (2013 – 2015), Geoffrey Alagaratnam, PC (2015 – 2017), U. R. De Silva, PC (2017 – 2019) and Kalinga Indatissa, PC (2019 – 2021).
Of those 17,200 eligible to vote at the Feb. 24 election, approximately 8,000 voted, though usually only about 6,500 voted in previous years. In other words, nearly 47 per cent chose not to participate in the process.
Who betrayed the country?
Janaranjana discussed how the rival camp depicted Saliya Pieris as a person who betrayed the country by being involved in a treacherous international conspiracy to undermine the armed forces. According to Janaranjana, the rival camp exploited social media and other propaganda means to depict Saliya Pieris as a traitor whose election would lead to the division of the country, on ethnic lines. Janaranjana pointed out how the unprecedented victory achieved by Saliya Pieris proved the failure of the rival camp’s strategy.
Against the backdrop of unsubstantiated allegations, directed at Saliya Pieris, as regards his role as the Chairman of the OMP, it would be pertinent to examine the failure on the part of the BASL to genuinely address accountability issues related to Sri Lanka’s war against the Liberation Tigers of Tamil Eelam (LTTE). The OMP was one of the four mechanisms established in terms of the controversial resolution 30/1 ‘Promoting reconciliation, accountability and human rights in Sri Lanka.’ The four apparatuses are (i) A hybrid judicial mechanism with a Special Counsel to investigate allegations of violations and abuses of human rights and violations of international humanitarian law (ii) A Commission for truth, justice, reconciliation and non-recurrence (iii) An Office for Missing Persons and (iv) and Office for Reparations.
The previous UNP-SLFP administration established the first permanent official body, tasked with tracking down missing persons, in terms of Act No. 14 of 2016. This was done in line with one of the recommendations in the 2015 UNHRC Resolution co-sponsored by the Government of Sri Lanka. Due to political turmoil, the government was able to establish the OMP two years after the Act was passed. The OMP initiated ‘operations’ in May 2018 with members visiting Mannar to meet the families of those disappeared in that District.
The OMP’s mandate, according to Part II Section 10 of the Office on Missing Persons Act, No. 14 of 2016:
(a) To search for and trace missing persons and identify appropriate mechanisms for the same and to clarify the circumstances in which such persons went missing;
(b) To make recommendations to the relevant authorities towards addressing the incidence of missing persons;
(c) To protect the rights and interests of missing persons and their relatives as provided for in this Act.
(d) To identify avenues of redress to which missing persons and relatives of missing persons are entitled to, and to inform the missing person (if found alive) or relative of such missing person of same.
(e) To collate data related to missing persons obtained by processes presently being carried out, or which were previously carried out, by other institutions, organizations, Government Departments and Commissions of Inquiry and Special Presidential Commission of Inquiry and centralize all available data within the database established under this Act.
(f) To do all such other necessary things that may become necessary to achieve the objectives under the Act.
Saliya Pieris received the appointment as Chairman, OMP on May 1, 2018. The civil society activist quit the Human Rights Commission of Sri Lanka (HRCSL) to take the leadership of the OMP. The outfit comprised Saliya Pieris, PC, Ms. Jayatheepa Punniyamoorthy, Major General (Rtd.) Mohanti Antonette Peiris, Sriyani Nimalka Fernando, Mirak Raheem, Somasiri K. Liyanage and Kanapathipillai Venthan.
The now defunct Constitutional Council picked the OMP members. The then President Maithripala Sirisena finalized their appointments. It would be pertinent to mention that OMP member Mirak Raheem had been a member of the Consultation Task Force on Reconciliation Mechanisms (CTFRM), headed by Attorney-at-Law Manouri Muttetuwegama. The outfit called for full participation of foreign judges in the proposed inquiry.
OMP’s intervention helps Lanka
The then Joint Opposition campaigned both in and outside the OMP, alleging the outfit would pave the way for unprecedented international scrutiny of the war-winning armed forces. However, thanks to OMP’s intervention, Sri Lanka was able to disapprove the high profile accusations, pertaining to the Mannar mass graves. Whatever the accusations, the OMP helped Sri Lanka to counter an extremely serious allegation raised in the run-up to the March 2019 Geneva sessions by UN human rights Chief Michelle Bachelet.
Bachelet served as the Chilean President for nine years, beginning 2006. Bachelet had been in an indecent hurry to pressure Sri Lanka over accountability issues and she blindly blamed the Mannar mass graves on the Sri Lanka Army before a leading US lab, contacted by the OMP, tested the bones and found them to be several centuries old and belonged to the colonial period. Unfortunately, the then government never bothered to further examine the Mannar mass graves case as part of an overall investigation into unsubstantiated allegations. In fact, Sri Lanka never properly examined the campaign conducted by interested parties to undermine post-war Sri Lanka.
President Mahinda Rajapaksa’s government brought the war to a successful conclusion in May 2009. Wartime disappearances are certainly politically sensitive issues, exploited by political parties here, as well as various other interested parties.
The scientific findings of Beta Analytic Institute of Florida, USA, in respect of samples of skeletal remains, sent from the Mannar mass grave site, quite upset the Tamil National Alliance (TNA). TNA appointed then Northern Province Chief Minister C.V. Wigneswarn rejected the US findings. 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.
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.”
Disappearance of Ekneligoda
However, Sri Lanka cannot ignore the issue as disappearances took place during successive governments. Disappearances took place during the conflict and also in the post-war period. The disappearance of media personality Prageeth Ekneligoda on the eve of the 2010 January presidential election, is a case in point. The failure on the part of Sri Lanka to address Ekneligoda disappearance increased international pressure on Sri Lanka. The government owed an explanation as regards the media personality’s disappearance over a decade ago. There cannot be any rationale in blanket denial of accusations. In fact, efforts to deceive the public, and the international community in respect of perhaps isolated cases such as the Ekneligoda disappearance had facilitated the high profile Western strategy meant to subvert Sri Lanka on unsubstantiated war crimes allegations.
With Saliya Pieris at the helm of the BASL, it can certainly play a significant role in Sri Lanka’s effort to ascertain the truth. The new BASL Chief, with valuable experience as a member of the HRCSL as well as the Chairman, OMP, can undertake a thorough examination of events/developments leading to the final confrontation between the Army and the LTTE on the banks of the Nanthikadal lagoon, in the Mullaitivu district, on the morning of May 19, 2009. The BASL had been largely silent on the Geneva issue though one of its high profile members, TNA lawmaker M.A. Sumanthiran, declared, in mid-2016, the acceptance of foreign judges in local war crimes investigation mechanisms. The declaration was made in Washington in the presence of the then Sri Lanka’s Ambassador there Prasad Kariyawasam. The Foreign Ministry remained conveniently silent on the issue. In August 2017, Kariyawasam received the appointment as the Foreign Secretary, whereas President Sirisena brought in Tilak Marapana, PC, and a one-time Attorney General as the Foreign Minister. Marapana, too, followed the UNP strategy. The UNP-led government turned a blind eye to the UK House of Lords disclosure on Oct 12, 2017 how the British government suppressed confidential dispatches from its Defence Advisor in Colombo Lt. Col. Anthony Gash (Jan-May 2009). The UK, now leading the Sri Lanka Core Group targeting the country in Geneva, in the absence of the US, continues to shamelessly suppress dispatches, pertaining to Sri Lanka, as the disclosure of such would jeopardize the Western campaign against the country.
Perhaps the appointment of Saliya Pieris couldn’t have taken place at a better time for the country. The respected lawyer received the BASL leadership, the day Foreign Minister Dinesh Gunawardena responded to Michelle Bachelet’s damning report. The writer is of the opinion that Minister Gunawardena, in his speech, should have requested Michelle Bachelet, as well as the 47-members of the UNHRC, to re-examine all available evidence, information and data. Minister Gunawardena should have formally requested the UK, a member of the UNHRC, to disclose all such dispatches sent by Gash to London. The UK released only a section of heavily censored dispatches, following the unprecedented intervention made by Conservative Party veteran Lord Naseby. Sri Lanka pathetically failed to exploit Gash dispatches in spite of Lord Naseby raising the issue, ahead of the Geneva sessions. Let me reproduce the relevant question raised by Lord Naseby and the response received.
Lord Ahmad of Wimbledon, the Foreign, Commonwealth and Development Office, on Feb 16, 2021, told Parliament that the UK Government had not received any request from the Geneva Council for copies of dispatches written by the former defence attaché at the British High Commission in Sri Lanka Gash about events in Sri Lanka related to the civil war, and had not provided any.
Lord Ahmad was responding to Lord Naseby’s query raised on Feb 4, 2021, whether the UK government provided to UNHRC any (1) censored, and (2) uncensored, copies of dispatches from Lieutenant Colonel Gash, the former defence attaché of the British High Commission in Sri Lanka about events in that country between 1 January and 18 May 2009, relating to the civil war.
Unfortunately, Sri Lanka for some strange reason, refrained from raising the the US disclosure, in 2011, that battlefield executions didn’t take place, or confidential UN report that contradicted the main Geneva accusation the military massacred 40,000 civilians.
Perhaps, the BASL, under its new leadership, can examine the whole gamut of issues, with the focus on the UNSG’s Panel of Experts (PoE) report (March 31, 2011) that prevented examination of unsubstantiated war crimes allegations on the basis of which Sri Lanka co-sponsored the 2015 Geneva resolution. According to the PoE (paragraph 23, titled Confidentiality of the Panel’s records), the examination of unsubstantiated allegations wouldn’t be allowed till 2031 in terms of the UN directive. Even after the 20-year period of classification as confidential records, those unsubstantiated allegations wouldn’t be examined without a declassification review. Let us hope the BASL undertakes a thorough study on accountability issues. Pieris, is certainly the most qualified to lead the inquiry.
Two colliding and coexisting Asian giants
CHINA and INDIA – History, Culture, Cooperation and Competition Editors
– Paramita Mukherjee, Arnab K. Deb and Miao Pang
SAGE Publications India Pvt. Ltd. (www.sagepub.in)
Reviewed by Lynn Ockersz
This book is itself proof that India and China, two Asian political giants, could come together in peace and work constructively and cooperatively towards worthy ends. ‘China and India – History, Culture, Cooperation and Competition’, is a product of profound, combined political science scholarship between India and China, which could not have come into our hands at a more appropriate time.
The reason for the latter observation ought to be plain to see: after a months-long military stand-off on their disputed border in the Ladakh sector, in particular, which at times claimed lives, the giants have decided to withdraw their troops, giving negotiations a chance. In fact, constructive engagement rather confrontation has been the dominant feature in India-China relations over the past few decades, although negative quarters, including those among the international media, have chosen to see otherwise.
That said, it could not be denied that India-China relations have been badly ruptured at times by divisive questions and conflicting interests. Some of these differences have been grave enough to prompt the giants to resolve them on the battle field. For example, their border dispute drove these powers to resort to a full-blown war in 1962. Other issues remain to be resolved as well.
However, Siparna Basu in his paper in ‘China and India…’ titled, ‘Multiple Paths to Globalisation – The India-China Story’, commenting on the history of India-China ties, reveals how India’s first post-independence Prime Minister Jawaharlal Nehru reportedly declined an offer, backed by the US in the mid fifties, to allocate a UN Security Council seat to India, proposing that the offer should be made to China instead. Apparently, India considered this offer as a move against China. It is a measure of the cooperative spirit which existed between India and China at the time.
But the numerous papers in this book of combined scholarship, while being evidence of the unity of purpose the regional heavyweights could achieve, open revealing windows to also the achievements in numerous fields of the Indian and Chinese civilizations over the centuries.
The countries are revered civilizations that have fertilized the human spirit everywhere through their enduring and ennobling achievements and the papers in this book give us an ample description of these accomplishments, besides updating the reader accurately on the latest developments in India-China ties, in a multiplicity of areas, including inter-state politics.
A strong merit of ‘China and India..’ is the ample space it devotes to economic cooperation between India and China on the one hand and the numerous exercises in such cooperation featuring these key powers and their neighbouring states, on the other. That is, we are kept very much abreast of the latest developments relating to groupings, such as, BRICS, BIMSTEC, BCIM, SCO, to name just a few. This is as it should be because it is economics in the main that is driving international relations currently and not so much politics and military conflict, although the dominant tendency among major opinion moulders, such as the media, is to focus on ‘geopolitics’ to the detriment of economics.
In keeping with the overall spirit of the book, researchers continually focus on the huge potential for bilateral economic cooperation between India and China, besides drawing attention to the benefits of regional collaborative efforts in commerce, trade and investment. Just two papers that are of immense worth from this viewpoint are: ‘Driving Force and Constraints of BCIM Economic Corridor’ by Li Jingfeng and ‘Regional Inequality over the Post-globalization Era: A Study on India and China’ by Arindam Banik and Arnab K. Deb.
Accordingly, ‘China and India…’ gives us the actualities in India-China ties lying behind the smokescreen of sensational military developments between the countries. Besides, it’s a remarkable update on the potential for inter-country economic cooperation in the Indian Ocean region while focusing also on the major economic forces driving global and regional political change.
By Lynn Ockersz
With kingly poise he glides,
This milk-white wonder,
Whom we take for granted…..
The quickening Beira waters,
For him holding no terrors…
But study his every deft action,
And behold a stand-alone splendour,
Of the country’s ravaged eco-system,
Who is at peace with himself,
And is in no need,
To beg, steal or borrow,
Or cut deals that bring him dishonour.
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