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Bhandari’s 13A to Shringla’s 13A

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by Austin Fernando

(Former High Commissioner of Sri Lanka to India)

It was Romesh Bhandari who made initial peacekeeping efforts in Sri Lanka on behalf of PM Rajiv Gandhi. Secretary Harsh Vardhan Shringla of the Indian Ministry of External Affairs (MEA) has taken over the task. Shringla’s recent efforts have awakened an interest in the much-delayed Provincial Council (PC) elections.

Changed moods of Government

Concurrently, on Army Day the President showed flexibility about minority aspirations. The Minister of Finance offered chunks of money to ground-level politicians and promised legal amendments to expedite the process of holding the PC elections in early 2022.

Minister Ali Sabry has said the draft for a new constitution will be available before the end of 2021. The new Constitution may happen in 2022. If PC elections are held before this event, it may mean that the PCs are intact.

Mixed responses from politicians

PCs are a constitutional arrangement. They have been in existence sans Land and Police powers and continuously they have been weakened by withdrawing of certain devolved powers. President Mahinda Rajapaksa, Ministers Basil Rajapaksa, and GL Pieris promised Indians the implementation of the 13th Amendment (13A). Mahinda Rajapaksa even supported ’13A+’. (See: https://island.lk/crisscrossing-13a-abolition/)

In Delhi, President Gotabaya Rajapaksa expressed on 29-11-2019 that the 13A could not be implemented “against the wishes and feelings of the majority [Sinhala] community.” There are no antagonistic feelings against 13A among the Sinhalese. Of course, there is criticism that PCs are white elephants. These days worse criticism is expressed about the Parliament, Executive, and Bureaucracy, and I pray they would be allowed to exist!

However, the President informed Secretary Shringla that he had to “look at weaknesses and strengths of 13A.” (The Hindu 3-10-2021) This ought to have been an appropriate ‘excuse’ if he had made it in Delhi. Since Indians demanded this at his first meeting, his response 22 months later reflects his unpreparedness, lack of commitment, and disinterest or implies that he has some other plans, even dubious.

What to look for?

One may recommend presidential advisers to study 13A and reconciliation-related literature authored by eminent persons, published by respected institutions (for example, Centre for Policy Alternatives, Foundation for Co-Existence, and Berghof Foundation), and judicial review records, (Such as 13A Supreme Court Determination, Vasudeva Nanayakkara vs. KN Choksy, Maithripala Senanayaka vs. GD Mahindasoma, many on land) before briefing the President.

They can obtain information from legal luminaries, university academia, and Viyathmaga or Eliya Groups. Additionally, Hansards, Lok Sabha proceedings, statements by Tamil groups, the MEA, and the Ministry of Foreign Affairs will help broaden their horizons.

Reaching 13A

Before agreeing or disagreeing on implementing the 13A it is appropriate to understand the circumstances under which it came into being.

Extensive pressures for power-sharing originated after Black July, which triggered a wave of migrants and led to Sri Lanka coming under pressure from Sri Lankan Tamil groups and Tamil Nadu.

The Indian leaders have acted differently. For example, Indian PM Rajiv Gandhi considered Palk Strait fisheries, restoration of peace and normalcy, return of refugees, and participation in economic activities as important. Although it is being claimed in some quarters that the Indians wished for Sri Lanka’s division through devolution, they were always concerned about Sri Lanka’s sovereignty, integrity, and unity.

By December 1985 Tamil political groups commenced demanding Indian interventions, notably after President Jayewardene invited India’s help for a solution (February 1985). For instance, the Tamil United Liberation Front (TULF) (1-12-1985) presented its representation to PM Rajiv Gandhi seeking extensive power-sharing. Some important highlights were:

 

* Sri Lanka-‘Ilankai’ being a Union of States

* Amalgamated Northern and Eastern Provinces, whose territory cannot be changed without its consent.

* Parliament empowered to make laws for subjects under List-1 that had Defence, Foreign Affairs, Currency, Posts/Telecommunications, Immigration/Emigration, Foreign Trade/Commerce, Railways, Airports/Aviation, Broadcasting/Television, Customs, Elections, and Census only.

* List-2 had all other subjects, including the controversial Law and Order, Land, with the State Assembly possessing law-making powers.

* State Assembly empowered to levy taxes, cess/fees and mobilize loans/grants

* Special provisions for Indian Tamils

* The elected members to be given enhanced powers

* Upgrading the judicial system, for example, Provincial High Court to Appeal Court.

* Muslim rights cared for.

 

The Jayewardene government rejected the proposals. The TULF again addressed PM Gandhi (17-1-1986), referring to the traditional homelands and demographic imbalances. President Jayewardene steadfastly advocated a military solution and asked the Tamils who fled to return and stop using Indian soil for violence against Sri Lanka.

However, the raging conflict increased casualties and deaths, interpreted as ‘genocide’ by MEA Minister BR Bhagat and several Lok Sabha members. Some Lok Sabha Members demanded punitive interventions.

P Kolandivelu said: “…Sri Lanka is a tiny island. Cannot it be crushed? Within 24 hours it can be done. But I am not asking it to be crushed.” (29-4-1985)

V. Gopalaswamy said: “I would also request the government to undertake every possible means, including military intervention to solve the problem.” (13-5-1986) He referred to a pacifying Indian government statement: “It shows the spineless cowardice approach of this government.” (8-5- 1987)

PM Rajiv Gandhi would have been mindful of these criticisms. He vented out frustration in Lok Sabha, as well when abroad, for example in Harare. The criticisms projecting India and him as weaklings would have pressured him to get tough, which he did on June 4, 1987, by violating Sri Lanka’s air space.

Gandhi would have been satisfied with GOSL’s proposals of July 9, 1986, drafted after P. Chidambaram’s discussions. The proposals were to maintain Sri Lanka’s unity, sovereignty, integrity, and unitary nature, and implement under the existing constitutional framework. There were Annexes proposed as Notes on (i) PCs, (ii) Law and Order (iii) Land settlements, and (iv) Mahaweli Project.

While PM Gandhi was frustrated over delays and inconsistency, President Jayewardene also faced a dicey situation, as explained by former Foreign Secretary AP Venkateswaran. His narration may explain why President Jayewardene finally had to accommodate the 13A solution, for which he is mercilessly blamed.

“The president of Sri Lanka, Jayewardene, sought a separate meeting with Rajiv Gandhi … Apart from PM Rajiv Gandhi, Natwar Singh, an earlier colleague in the IFS, P. Chidambaram and myself were present at the meeting. The Sri Lankan President’s entire efforts were directed towards urging our PM to send the Indian Army to prevent his government from falling. His arguments were well-rehearsed, and he pleaded that the Sri Lankan Government would collapse soon, without India’s help. He said the Sri Lankan government could not withstand the attacks from the (JVP), Janata Vimukti Peremuna from the south, and LTTE forces from the north.”

(Source: https://www.icwa.in/WriteReadData/RTF1984/1497424044.pdf)

This political vulnerability will justify his behavior.

The reactions to the proposal and TULF’s revised formulation received in Delhi went deep into power-sharing. Indians followed by sending Ministers P Chidambaram and Natwar Singh to Colombo for discussions. It should be recalled that they were in attendance (Mid November 1986) when President Jayewardene was pleading for Indian assistance. A month later on December 19, 1986, they submitted a set of proposals. Summarily they were:

 

* Eastern Province to be demarcated minus Ampara Electoral District

* A PC to be established for the new Eastern Province

* Earlier discussed institutional linkages to be refined for North and Eastern PCs.

* GOSL’s willingness to consider a proposal for second stage constitutional development for the two provinces.

* GOSL’s willingness to create a post of Vice President for a specified term

* The five Muslim parliamentarians from the Eastern Province may be invited to India to discuss mutual concerns

 

The military operations continued irrespective of these communications and discussions. They provoked Indians, who knew the vulnerable ground situation. The Indians threatened, on February 9th, 1987, to withdraw unless Colombo pursued the political option.

Withdrawal would have had an adverse impact. The potential support for political stability or existence would have been lost. Beggars can’t be choosers! Therefore, Sri Lanka responded swiftly on February 12, 1987, focusing on the need for Tigers to eschew violence, promising that the military would cease operations in response; lifting embargoes; assuring negotiations; strengthening the administration; implementing a general amnesty; releasing those in custody not charged in courts under the Prevention of Terrorism Act; considering the outcomes of discussions Indians and GOSL held so far, including 18-12-1986 proposals. This also declared that GOSL will not conduct operations against civilians. Space was thus created for India to up the ante.



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Trump’s tariffs, AKD’s gazette and Sri Lanka’s diplomatic slumber

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“We are rather respectable in Colombo. We go to bed fairly early, and we remain there till morning. “

According to Sri Lanka’s diplomatic folklore, the late S.W. R. D. Bandaranaike uttered these words while explaining the reasons for Sri Lanka’s abstention on the UN resolution condemning the Soviet invasion of Hungary. Apparently, SWRD’s foreign ministry officials were asleep at home when the diplomatic cable seeking instructions was received from New York. In those days, there were no cell phones, Internet, or even fax or telex machines. The diplomatic cables were sent through post offices. Decoding them was a slow and time-consuming process. Thus, the government could not provide appropriate instructions to our mission in New York in time, and the Sri Lankan delegation abstained on that sensitive UN vote.

Sri Lanka’s Absence from Section 301 Consultations

But then, how does one explain Sri Lanka’s absence from the crucial bilateral consultation held in Washington by the Office of the United States Trade Representative (USTR) during March-April on “Forced Labour” under the Section 301 of the US Trade Act of 1974? Didn’t our foreign and trade ministries send appropriate instructions to Washington in time? Even if the instructions from the foreign ministry were transmitted to our embassy in Washington by pigeon carriers, there was enough time for Sri Lanka to participate in those meetings.

In March, the USTR initiated these 301 investigations on 60 trading partners, and invited all of them for confidential consultations. Out of the 60, 46 participated in these consultations. Sri Lanka was not one of them. Other countries that didn’t participate in these consultations included China, Russia, and Venezuela! In addition to that, the Section 301 Committee conducted a public hearing with interested parties on April 28 and 29. Washington-based diplomats, representatives from few trade ministries as well as representatives from many foreign trade associations and chambers participated in these hearings. Sri Lanka was once again conspicuously absent.

As a result, when the USTR published the proposed forced labour tariffs on June 2nd, Sri Lanka ended up with a 12.5% duty. Pakistani and Indonesian diplomats participated in these consultations and took appropriate follow-up measures, and managed to enter the 10% duty category. As even a threat of a modest tariff hike could disrupt supply chains and reduce competitiveness, particularly in an industry such as garments, I discussed this issue on 15 June and underscored the importance of Sri Lanka’s participation at the next hearing, which was scheduled to be held from July 7th .

Awakening from Diplomatic Slumber and AKD’s Gazette

Fortunately, Sri Lanka finally awoke from weeks of diplomatic slumber, and Ambassador Mahinda Samarasinghe participated in the public hearing on 9 July, and promised, “…. · We have agreed to the text in our negotiations with the USTR on forced labour, …. The gazette as we speak is being printed and I’m getting the gazette tomorrow morning, and the gazette will be shared with USTR as I get it“.

As promised, President Anura Kumara Dissanayake issued a gazette on 10 July banning the imports of goods produced by forced labour. These new regulations are very similar to what Pakistan and Indonesia enacted in April, after their consultations with USTR in March. Why couldn’t we do it in April? Why did we wait till the very last minute?

Challenges ahead

“War is too important to be left to generals alone,” is a famous saying attributed to former French Premier Georges Clemenceau. Similarly, monitoring our main markets is too important to be left to diplomats alone. The United States is the largest single-country market for Sri Lanka. Therefore, Sri Lankan trade chambers and associations should become more proactive in these markets and participate in these events. For example, the chairman of the Pakistani apparel exporters association participated in the April hearings. Similarly, representatives from the Indian Agricultural and Processed Food Products Export Development Authority, the Federation of Indian Chambers of Commerce and Industry, the Confederation of Indian Industry, and Reliance Industries also participated in July hearings. At an event where each speaker is given only five minutes (strictly enforced), having a number of speakers from a country is an advantage. The presence of industry representatives in these kinds of events also help them understand the market dynamics and the future challenges. This is important, particularly because there will be many more challenges with Trump’s tariffs.

With the gazette issued on 10 July, Sri Lanka has imposed a prohibition on the importation of goods produced with forced labour. Now, the challenge will be to effectively enforce the prohibition. And what are the goods produced with forced labour? The USTR list only focuses on aluminum, cotton, electronics, lithium-ion batteries, rice, and tobacco. However, according to the U.S. Department of Labour, the list is much longer. Hence, this list may change continuously during the next two years and tariffs may fluctuate once again.

So, this is definitely not the time to slumber.

(The writer, a retired public servant, can be reached at senadhiragomi@gmail.com)

by Gomi Senadhira ✍️

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Tales of Mystery and Suspense 10 Casino for Sale

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After the overwhelming grotesquerie of J K Rowling’s latest Cormoran Strike novel (written, I should have noted, as the others were, under the pseudonym Robert Galbraith), I thought I should return to the world of fun, and also a much shorter description since this thriller moves quickly without the layers of detail that Rowling engages in.

I then move to the second comic thriller by Caryl Brahms and S J Simon. This, their second story to feature Vladimir Stroganoff and Adam Quill, was Casino for Sale, as lunatic a romp as the first, though without the emphasis on the ballet that characterized A Bullet in the Ballet.

This one begins with the impresario Stroganoff buying a casino cheap from Baron Sam de Rabinovich, only to find that it was a rundown place, not the grand casino of La Bazouche, a resort on the Frenc+h Riviera, as he had initially thought. The grand one belonged to Lord Buttonhooke, and Stroganoff could  not compete, until he thought of bringing the Ballet Stroganoff to the casino – which of course leads to Buttonhooke deciding to have ballet performances in his Casino too.

Stroganoff invites Quill to visit him, which Quill decides to do since he has left Scotland Yard, having come into a legacy. No one believes this, and he has to face questions as to what he did to have been sacked, with sympathy for having been found out.

Caryl and Simon

The day he arrives in La Bazouche there is a murder, of a vitriolic critic called Citrolo, in Stroganoff’s office. He had been going to write a damning review of the opening night of the ballet and Stroganoff, when he realizes Citrolo cannot be swayed, drugs him and dictates the review himself to the papers. He leaves Citrolo sleeping and finds him shot the next morning, whereupon he decides to muddy the waters and leave a suicide note and lots of other murder weapons. So much overkill, as it were, of course ensures that he is arrested.

But the excitable French detective who makes the arrest follows up his suggestion that Buttonhooke was also involved, and so the two casino owners find themselves in cells next door to each other, with the detective Gustave quite happy to provide creature comforts for a fee.

Quill decides he must investigate, and finds Gustave most cooperative, since he has a laid back attitude to work. So it is Quill that finds a notebook which makes it clear Citrolo is an accomplished blackmailer, and that there are lots of possible murderers, including Stroganoff’s croupier, who was crooked, Rabinovich, who was now working for Buttonhooke, a confidence trickster called Kurt Kukumber, whose prospectus for a dud gold mine was found in the office and Prince Alexis Artishok who was engaged in a deal to buy diamonds from the ballerina Dyra Dyrakova.

Stroganoff had been trying to get Dyrakova to dance for him, but having done so previously she had refused. But then to Stroganoff’s chagrin she agreed to dance for Buttonhooke. The clearly crooked Artishok had told Buttonhooke’s mistress Sadie Souse, who was not very bright, that Dyrakova possessed diamonds she was willing to sell cheap, and Sadie was determined to have them.

Quill meanwhile finds out that there was a secret passage to Stroganoff’s office, the obvious solution to what had begun as a locked room mystery, and that this was known by almost everyone apart from Stroganoff himself. And then Rabinovich is murdered, just after Gustave had released his two original suspects, leading him to blame Quill for having insisted on that and thus allowing them to kill again.

Soon afterwards Dyrakova arrives, and the town is full of posters announcing that she will appear in the casinos, elaborate posters for either one, since Stroganoff is determined that she will dance for him, and if she does not come willingly, he has devised a scheme to make her do so unwillingly. So, though Buttonhooke has her taken off to his yacht immediately she arrives at the station, Quill along with Arenskaya gets her into a launch and to Stroganoff’s casino, where she performs to tumultuous applause, not knowing for whom she is dancing.

When Quill asked her about the diamonds, she said she had sold them long ago, and that gave Quill the solution to the mystery. Rabinovich had known about this, and Artishok had killed him to prevent Sadie learning it from him, he had killed Citrolo who had recognized him for an accomplished card sharper, not a Russian prince at all. But before he is arrested, he gets away in a boat, and the police launch that pursues him is on the point of catching him up when it runs out of petrol.

Again, lots of excitement, and entertaining references  – Gustave grows marrows – and if not quite as brilliant as its predecessor, Casino was certainly a delightful read.

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The challenge of being positive about SAARC

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The RCSS forum addressed by SAARC Secretary General Ambassador Md. Golam Sarwar in progress. (Pic courtesy RCSS)

It was a few years back that a former President of Sri Lanka took it on himself to pronounce SAARC ‘dead’. Since then there have been other sections of Sri Lankan opinion that have joined the critics of SAARC and taken the solemn stance that SAARC has indeed died what may be called a natural death.

Their fatalism is understandable. SAARC has failed to meet at heads of government or state level for the past several years to take the SAARC process notably forward. Regional cooperation has more or less been only an appealing idea. No substantive concrete projects have taken off to make the idea a hard reality. ‘Inner paralysis’ seems to be SAARC’s lot. Hence the fatalism in these circles.

However, being one of the worst cash-strapped regions of the world and a teemingly populated one with people virtually left to their devices, what choices do the ‘SAARC Eight’ have other than to try their best to band together and continue with their cooperation efforts, however small they may be?

There is no escaping the mounting debt trap for many of these countries and bankrupt Sri Lanka is a glaring example, but ‘throwing in the towel’ and abandoning themselves entirely to the diktats of the strongest economies and their agencies will prove a ‘living death’ for many countries in the SAARC fold.

The gains may be meagre but giving-up on SAARC cooperation in full would prove self-defeating for the organization and South Asia. Right now, the collective intention ought to be to salvage what the region could from the tenuous cooperative efforts. Moreover, such initiatives could go some distance to generate a degree of goodwill among the Eight and help in sustaining a dialogue process.

Given this backdrop it proved ‘a stich in time’ for the Regional Centre for Strategic Studies (RCSS), Colombo, to recently host the SAARC Secretary General Ambassador Md. Golam Sarwar to a round table discussion on the unifying potential of SAARC and its future possibilities, besides other related issue areas.

Held on June 24th and moderated by RCSS Executive Director and former ambassador Ravinatha Aryasinha, the forum brought together a vibrant, wide ranging audience comprising academicians, diplomats, senior public servants, civil society activists and many others. Following the presentation by Ambassador Golam Sarwar titled, ‘Reigniting SAARC: Achievements, Challenges and the Way Ahead’, a lively Q&A followed.

The above forum could be described as an act of lighting the proverbial ‘candle’ rather than ‘cursing the darkness.’ It surely is a ‘darkness’ that could be seen as daunting considering that the region’s pivotal powers, India and Pakistan, are failing to act in a spirit of accord but are engaged in bitter finger-pointing on a number of questions of vital importance to SAARC.

On the other hand, what is the rest of the region doing to bring the above sides together? It is disappointing that to date the rest of SAARC has failed to launch a major diplomatic drive to bring peace between the feuding regional heavyweights. It needs to act without delay and establish its earnestness and this effort would need to prove SAARC’s staying power in the unfolding months and even years.

In assessing SAARC’s seeming failure local opinion in particular has failed to factor in what could be described as weak leadership. Since Sheikh Mujibur Rahman of Bangladesh, the founding father of SAARC, the region has failed to produce a visionary leader who could advance the SAARC cause with charisma and drive.

Among other reasons, weak leadership accounts considerably for the faltering and stuttering status, as it were, of SAARC. Badly needed are leaders who could go the extra mile, think less of narrow national interests and work diligently towards the collective well being of the region but SAARC’s millions of ordinary people have been made to wait in vain for leaders of such stature. Instead, they have been burdened with politicians who seem to be relishing the apparently moribund state of SAARC.

Looking back, it could be said that it was the dynamic leadership factor that led to the launching of the Non-Aligned Movement and for its sustenance for a few decades. True, it could be seen in some quarters that NAM is no more, but as in the case of SAARC, the former too has been unfortunate to be burdened over the years with politicians who lack the vision and drive to unflaggingly advance the fortunes of the South. NAM and SAARC lack the dynamism and vision of leaders of the stature of Jawaharlal Nehru, for example, to give them the required guidance and intellectual depth.

The reasons are complex for there not being among us currently political leaders with the vision and the steadfast commitment to advance the legitimate interests of the South. However, it could be stated with conviction that the majority of Southern leaders have too easily caved in to the demands of the global North and its financial agencies.

These leaders have failed to see, for instance, that the largely market economy oriented Northern governments would not view with favour a centrist economic model that attaches priority to the interests of the dis-empowered publics of the South. This realization ought to have dawned on the current government in Sri Lanka, for instance, some while ago but it has no choice but to abide by IMF dictates since economic survival at present is unthinkable without the latter’s succour.

Accordingly for SAARC this should be the time for some soul-searching. Priority needs to be attached to ending the feuding between India and Pakistan since at present the material fortunes of the region hinge largely on these regional giants giving peaceful relations among them a try. This is no easy challenge to meet but some daring, visionary diplomacy needs to take hold among the rest of SAARC.

There is some sense in SAARC bringing the peoples of the region together through programs that address their best collective interests. A meeting of minds among SAARC nations could enable SAARC and its agencies to build a region-wide people’s movement for progressive political and economic change that could in turn lead to the region’s political leaders sensitizing themselves more to the neglected needs of their publics.

However, the time is ‘now’ for the initiation of these progressive changes and the voice of SAARC well wishers would need to drown out those of their critics.

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