First general election under Gotabaya presidency:
Before the split: Sampanthan and Wigneswaran at an event in the Jaffna peninsula
by Shamindra Ferdinando
Rajavarothiam Sampanthan (87) is the oldest contestant at the August 5, 2020, parliamentary poll – the third since the conclusion of the nearly 30-year separatist war, in May 2009. The leader of the Tamil National Alliance (TNA) is in the fray, from the Trincomalee district. Having first entered parliament, at the 1977 general election, on the Tamil United Liberation Front (TULF) ticket, the Attorney-at-Law was among those lawmakers who boycotted parliament, beginning mid-1983, after the then President JR Jayewardene extended the life of parliament by six more years, through fraudulent means. The so called 1982 Dec referendum, which was more or less rigged by his regime, deprived the voters an opportunity to exercise their franchise, till 1989. The UNP move facilitated the India-sponsored terrorist project here.
The TULF boycotted parliament for several reasons. This Indian-sponsored terrorist groups ordered them not to continue in parliament beyond the normal six-year term et al. The TULF members lost their seats, following three month absence from parliament. It would be pertinent to mention that the TULF, with 23 seats – the second highest number of seats in parliament – served as the main Opposition.
Having participated in turbulent politics, Sampanthan received the post of Opposition Leader, following the last parliamentary poll, held in August, 2015, though his TNA received only 16 seats. In spite of the Joint Opposition (breakaway UPFA faction) having a much bigger representation in Parliament, (almost 50 MPs), and despite repeatedly challenging Sampanthan’s appointment, he served as the Opposition Leader, until Dec 2019. The JO was denied the Opposition Leader’s Office, through machinations of then President Maithripala Sirisena, Speaker Karu Jayasuriya and the majority hold the ruling UNF-led alliance had in the House.
Sampanthan, who also served as the Illankai Thamil Arasu Kadchi (ITAK) leader, handed over the post to Mavai Senathirajah (77) in early Sept 2014. The ITAK is the main constituent of the TNA, notorious for recognizing the LTTE as the sole representative of the Tamil community, by fiat. LTTE leader Velupillai Prabhakaran held the de facto title until the Sri Lankan military shot him, on the morning of May 19, 2009, in the final skirmishes.
TNA faces unprecedented
The TNA, with its strong man Senathirajah contesting from the Jaffna electoral district, faces a huge challenge in retaining the 16 seats it won at the last general election. For the Tamil electorate, the main battle is between the TNA and the newly formed Thamizh Makkal Thesiya Kootani (TMTK), led by former Chief Minister and retired Supreme Court Justice C.V. Wigneswaran (80).
The TMTK-led grouping includes Eelath Thamilar Suyaatchchi Kalagam (Leader 48-year-old Ananthy Sasitharan), Thamizh Thesiya Katchchi (Leader M.K. Sivajilingam) and Eelam People’s Revolutionary Liberation Front (Leader Suresh Premachandran 62). Among others in the fray are Minister Douglas Devananda 62, (EPDP) and the All-Ceylon Tamil Congress (ACTC), led by Gajendrakumar Ponnambalam (46).
Sasitharan is the wife of LTTE Trincomalee ‘political’ head Velayutham Sasitharan, alias Elilan.
She has repeatedly alleged, both here and abroad, that her husband disappeared after surrendering in 2009 to the Army, on the Vanni east front.
Former Northern Province Chief Minister Wigneswaran’s move undermined the TNA’s supremacy, particularly in the Northern region. Having obtained five seats at its first election, in 2000, during Kumaratunga’s presidency, the TNA secured 15 seats at the 2001 general election (the UNP engineered a dozen defections that compelled Kumaratunga to call fresh parliamentary poll), 22 seats in 2005, 14 seats in 2010, and 16 in 2015. The TNA secured its best results, in 2004, thanks to the LTTE stuffing ballot boxes to help its then totally pliant proxy. The European Union condemned the TNA for its murderous alliance with the LTTE, though parliament conveniently turned a blind eye to the blatant way it won such a large number of seats. Local election monitors, too, didn’t utter a word, exposing those self-appointed guardians’ much flaunted impartiality.
The TNA will definitely find it extremely difficult to retain 16 seats, even though the top leadership publicly remains confident that the Northern electorate won’t disappoint the party. However, it certainly wouldn’t be an easy task, especially against the backdrop of TNA heavyweight M.A. Sumanthiran (56), publicly denouncing the LTTE’s failed terrorism project, recently. The TNA opponents are already capitalising on it by whipping up hysteria, among northern emotional voters.
The provocative declaration was made by ex-lawmaker Sumanthiran, in an interview with Chamuditha Samarawickrema’s recent widely-watched and shared interview on social media. No less a person than Sampanthan defended Sumanthiran, amidst heavy attacks on the ex-lawmaker.
UK-based Suren Surendiran, of the Global Tamil Forum (GTF), too, defended Sumanthiran.
Surendiran efficiently discussed the Sumanthiran issue, in an article headlined ‘Is unqualified and uncritical support for the armed struggle of the past, a must, to play a leading role in Tamil politics today?’ published in The Island, on May 28, 2020. Surendiran questioned the interviewer’s motives, as well as those of a Tamil media organization, belonging to a close relative of a former UPFA National List member, representing the Jaffna District. The reference was to Angajan Ramanathan, who is on the SLFP ticket, in the fray from the Jaffna District.
The TNA heavyweight’s condemnation of the LTTE is all the more surprising as he justified the Thowheed Jamaat 2019 terror attacks on Churches and hotels soon after those despicable assaults on total innocents. Sumanthiran maintained that such attacks should be expected, if the government did not address the grievances of the minorities.
The shocking and utterly callous pronouncement was given at an event, at the BMICH, to mark the first anniversary of the political weekly ‘Anidda,’ held a few days after the Easter Sunday carnage.
The TNA’s fate depends particularly on the performance of Wigneswaran’s grouping. The possibility of the TNA retaining 16 seats, however, seems very unlikely. The TNA is certainly troubled by the UNP split. ITAK Colombo leader K.T. Thawarasa, PC, recently declared that TNA’s Jaffna District candidate Sivagnanam Shritharan’s call for Colombo District Tamils to vote for Mano Ganesan (60) of the Tamil Progressive Front, contesting under the breakaway UNP faction, now registered as the Samagi Jana Balvegaya (SJB), was not the party’s position. Shritharan, in a statement published in a Tamil website emphasized that it was the duty of Colombo Tamils to re-elect Ganesan.
The UNP faces a heavy defeat in the Colombo district, with eight out of 11, elected on its slate at the last parliamentary poll, contesting on the SJB ticket/National List at the August 5 poll. Only Ravi Karunanayake, still under investigation over 2015 and 2016 Treasury bond scams, remained along with UNP leader Ranil Wickremesinghe on their Colombo list, whereas the other former Colombo district lawmaker Dr. Wijeyadasa Rajapakse, PC, is on the SLPP ticket.
Having fully cooperated with the UNP, since the LTTE’s defeat, the TNA appears to be uncertain of its strategy. Recent meetings with Prime Minister Mahinda Rajapaksa indicated readiness on its part to explore the possibility of ‘working’ with the Sri Lanka Podujana Peramuna (SLPP).
Moreover, the TNA is struggling to come to terms with new political realities. The UNP set up is in tatters, with beleaguered Wickremesinghe facing his worst defeat at the forthcoming poll.
The TNA backed the UNP nominated presidential candidates at 2010 (General Sarath Fonseka), 2015 (Maithripala Sirisena) and Sajith Premadasa (2019). The two parties worked extremely close during 2015-2020 and, during that marriage, the UNPled administration betrayed the war-winning armed forces at the Geneva-based United Nations Human Rights Council, and proposed the drawing up of a new Constitution, at the expense of the country’s unitary status. The TNA stood solidly with the UNP, in the wake of the Oct 2018 constitutional coup perpetrated by the then President Maithripala Sirisena. The JVP, too, was part of the UNP-led defence, fully backed by a section of the Western powers, and the civil society grouping, backed and financed by those powerful outside interests. Having backed General Fonseka and Maithripala Sirisena, fielded by the UNP-led coalition, the JVP contested the 2019 presidential poll. JVP leader Anura Kumara Dissanayake (51) ended up a distant third, at the poll, handsomely won by wartime Defence Secretary Gotabaya Rajapaksa with a majority of nearly 1.4 mn votes. JVP Leader Anura Kumara Dissanayake, who contested on Jathika Jana Balavegaya ticket, polled 418,553 votes (just 3.16 per cent). The JVPer did much better than retired Army Chief General Mahesh Senanayake who obtained a paltry 49,655 votes (0.37 votes). Having vowed to contest the parliamentary poll, a humiliated Senanayake vanished from the political scene.
The JVP is struggling to retain the number of seats, it won at the 2015 parliamentary election. It managed to secure six seats, including two National List slots. The JVP filled its National slots with defeated candidates (Sunil Handunetti 48) and Bimal Ratnayake (47).
Slain MP’s wife enters fray
The TNA fields slain TNA MP Nadarajah Raviraj’s wife, Sasikala, on its Jaffna District nomination list. Raviraj, who served as the Mayor of Jaffna after the military brought the peninsula under its control, in 1996, was shot dead, in Colombo, on Nov 10, 2006. Having first entered parliament, in 2001, Raviraj retained his Jaffna seat, at the 2004 general election and was one of the most outspoken lawmakers at the time he was silenced. Raviraj was 44 years old at the time he was assassinated, along with his Sinhala police bodyguard. A court, in Dec 2016, acquitted five men accused of Raviraj’s murder.
Former LTTE Trincomalee District political leader Elilan’s wife, Ananthy Sasitharan, is contesting Jaffna on TMTK’s ticket. She served the TNA-run Northern Provincial Council, both as a member and later as a minister. Having entered political life, thanks to the TNA, and engaged in a high profile campaign, overseas, against the government of Sri Lanka, Sasitharan switched allegiance to Wigneswaran.
Interestingly, former member of the Human Rights Commission of Sri Lanka (HRCSL) Ambika Satkunanathan is not on the TNA Jaffna List. Satkunanathan’s resignation from the HRCSL in March this year, fuelled intense speculation the lawyer and human rights advocate would enter politics.
Satkunanathan served in many roles at the United Nations offices, in Sri Lanka, including as the national legal advisor to the High Commissioner for Human Rights and Office of the Senior Human Rights Advisor and national consultant on gender integration/evaluation at the Office of the Resident Coordinator.
She is the chairperson of the Neelan Tiruchelvam Trust in Colombo. The LTTE assassinated TULF lawmaker, Tiruchelvam, on July 29, 1999, in Colombo. The emergence of the TNA should be examined, taking into consideration the decimation of the TULF leadership, by the LTTE.
Tiruchelvam was on his way to his office at Kynsey Terrace, Colombo, when a man threw himself onto Tiruchelvam’s car, near the Kynsey Road-Rosemead Place Junction. The academic was 55 at the time of his assassination.
In addition to Sasikala Nadarajah and Ananthy Sasitharan, Vijayakala Maheswaran, wife of slain UNP lawmaker, T. Maheswaran, is contesting Jaffna on the UNP ticket. An LTTE assassin killed Maheswaran inside a Hindu temple, in Colombo, on January 1, 2008. The police apprehended the assassin alive. While Sasikala is a newcomer to national politics and Ananthy seeks a parliamentary career, having represented the Northern Provincial Council, Vijayakala eyes a third term as Jaffna MP. Vijayakala served two terms (2010-2015 and 2015-2020) during which she publicly appreciated the LTTE. In spite of the government initiating legal action, Vijayakala continues to praise the LTTE, regardless of the organization ordering her husband’s assassination.
Post-LTTE Tamil politics
All Tamil parties are in the process of gradually re-asserting their roles over a decade after the LTTE’s demise. The LTTE controlled and influenced the political setup in the Northern and Eastern Provinces before setting up its own – a grouping loyal to Prabhakaran. It chose Sampanthan to lead the TNA. The Attorney-at-Law obviously had no choice, but to accept the LTTE dictate or face the consequences. Having helped the TNA to register its best performance, at the 2004 general election, with heavy handed support from the Tigers, the LTTE used the grouping to engineer Ranil Wickremesinghe’s defeat at the 2005 Nov presidential poll. The LTTE wanted an environment conducive for declaration of a full scale war, hence the decision to order Tamils to boycott the presidential election. The denial of the Northern electorate cost Wickremesinghe the November 2005 election and Prabhakaran, his life, in May 2009. The TNA enjoyed special status, thanks to the LTTE. The status quo remained until the very end. It would be pertinent to mention that the TULF, in spite of being in the original TNA formation, quit the organization, before the 2005 presidential poll.
Over a decade after the successful conclusion of the war, Tamil polity is sharply divided over the course it should take. The unexpected emergence of war veteran Gotabaya Rajapaksa, as the President, clearly delivered a debilitating blow to the TNA project. No nonsense President Gotabaya Rajapaksa has ruled out following the strategies of his predecessors, in dealing with Tamil political parties. The President refrained from inviting the TNA leadership for formal talks or making overtures though some felt a consensus could be reached. However, the TNA will have to await the Aug 5 poll result to formulate its strategy. The most important question is whether it can retain a parliamentary group similar to the size of the one in the last parliament. One thing is clear, in the absence of the LTTE, and the top leadership pursuing an exit strategy, meant to distance the coalition from the LTTE, the TNA may end up much weaker in parliament. But, in politics nothing is certain and unexpected factors can influence the electorate.
Recently, former TNA lawmaker Sivagnanam Shritharan (who urged Tamils to vote for Mano Ganesan) declared, in Kilinochchi, that they needed at least 20 seats, in the next parliament, to represent the Tamil community in a meaningful way.
The TNA really toiled hard for a new Constitution, during the yahapalana administration. Sumanthiran played a significant role in the process, led by Premier Ranil Wickremesinghe, who, on behalf of the 21-member Steering Committee, tasked with formulating proposals in September 2019, just weeks before the constitutional coup presented an interim report. The Steering Committee of the Constitutional Assembly, established by parliamentary resolution, on March 9, 2019, consisted of Ranil Wickremesinghe (Chairman), Nimal Siripala de Silva, Rajavarothiam Sampanthan, Rauff Hakeem, Dinesh Gunawardena, Lakshman Kiriella, Douglas Devananda, Susil Premajayantha, Anura Kumara Dissanayake, Rishad Bathiudeen, (Dr.)Wijeyadasa Rajapakshe, Patali Champika Ranawaka, Bimal Rathnayake, D.M. Swaminathan, M.A. Sumanthiran, Mano Ganesan, Prasanna Ranatunga, Malik Samarawickrama, (Dr.) Jayampathy Wickramaratne, Dilan Perera and Dr. Mrs. Thusitha Wijemanna.
SLPP National List nominee Gevindu Cumaratunga recently challenged the UNP and its breakaway faction the SJB, the TNA and the JVP to seek public endorsement of yahapalana constitutional proposals, at the forthcoming election. Strangely, none of those who pushed hard for a brand new Constitution had the stomach to go before the public with their proposals in the on-going campaign. The UNP factions are silent on the once high profile constitutional making process. Instead, both major camps (SLPP and SJB) engaged in uninspiring campaigns primarily based on accusations of waste, corruption and irregularities. Basically, the SLPP is campaigning for a steamroller two-thirds majority to do away with the 19th Amendment whereas the SJB, UNP, TNA and JVP sought to thwart President Gotabaya Rajapaksa’s project.
Indications are a two-thirds majority is simply not possible, under any circumstances, regardless of, continuing SLPP rhetoric, a week short of Election Day.
Vinayagamoorthi Muralitharan alias Karuna Amman, contesting the Digamadulla electorate, on the Ahila Ilankai Tamil Mahasabha (All Ceylon Greater Tamil Council), caused a stir when he recently claimed killing 2,000-3,000 soldiers in a day during the battle for the Elephant Pass base.
The reference was to the 2000 battle, leading to the Army quitting the strategic base, in April 2000. As far as the writer understood, Karuna meant the LTTE killing 2000-3000 soldiers in one night.
Former UPFA Minister (National List) is struggling on the political front and his unsubstantiated claim regarding the Elephant Pass battle proved the one-time LTTE commander faced an uphill task. Ahila Ilankai Tamil Mahasabha is unlikely to make an impression at the general election.
The UPFA accommodated Karuna on its National List twice – first in 2008 and then in 2010.
Instead of contesting the 2015 general election, he fielded his sister, from the UPFA Batticaloa list. Kruna’s sister failed in her bid. With Maithripala Sirisena’s emergence as the President and the SLFP leader, Karuna, who held the post of Vice President of that party quit. However, he backed Gotabaya Rajapaksa’s presidential campaign and seemed certain of returning to parliament. However, his bid went awry due to former TNA lawmaker S. Viyalendran receiving the top position in the SLPP Batticaloa list. An irate Karuna is fielding his wife Vithiyavathi through an independent group in Batticaloa, while himself moving to neighbouring Digamadulla in spite of the district not being dominated by Tamils. Karuna is on record as having said that he declined an offer to accommodate him on the SLPP National List. However, Karuna didn’t claim a personal role in Elephant Pass battle though he was involved in their counter offensive against Jayasukurui and some phases of operations, leading to the humiliating the Elephant Pass fall to the Tigers. However, Karuna hadn’t been involved in the Elephant Pass battle at all nor did the Army lose 2,000 to 3,000 officers and men in one night. Karuna was playing politics with the war that is now fast fading from our collective memory.
Karuna’s boast in response to TNA Chairman of the Karaitheevu Pradeshiya Sabha said in Tamil ‘Karuna was more ‘kodiya’ (deadly, dangerous, cruel, and nefarious) than corona.’ Let us not hound Karuna over political rhetoric.
leaves out Gash dispatches, Swiss embassy abduction drama and India’s accountability
by Shamindra Ferdinando
Veteran journalist Tim Sebastian interviewed Foreign Secretary, retired Admiral Prof. Jayanath Colombage, in the immediate aftermath of the Geneva-based United Nations Human Rights Council (UNHRC) adopting accountability resolution in respect of Sri Lanka.
Twenty-two countries voted for the resolution, 11 against, whereas 14 abstained. The vote on Sri Lanka took place on March 23. Among those who abstained was India whose intervention here in the 80s caused a war that was brought to a successful conclusion in May 2009. But Sebastian was only interested in accountability on Sri Lanka’s part. He wasn’t concerned about Adele, who played a significant role in building a female fighting cadre for the LTTE, either.
“In the last few days, the UN Human Rights Council passed a landmark resolution highlighting your government’s failure to ensure accountability for human rights violations and mandating UN investigators to collect and preserve data that can be used in the future judicial proceedings. They did that Mr. Secretary because your abject failure to do it yourself and because of the worsening human rights climate in your country. Aren’t you ashamed of that?”
It was internationally acclaimed Sebastian’s opening question to Foreign Secretary Colombage in ‘CONFLICTZONE’ interview titled: Is Sri Lanka on the brink.
Admiral Colombage responded: “Well, Tim let me say the World War ended 78 years later… earlier and we still see the residual effects on the environment on the physical things and the Good Friday agreement was in 1998 and there are 116 walls which is called peace walls. Still…”
Sebastian interrupted Colombage. “We are not talking about Northern Ireland; Mr. Secretary We are talking about Sri Lanka and your failure to ensure accountability for human rights violations… which you have denied in other interviews.”
One-time Navy Commander, and the Additional Secretary to President Gotabaya Rajapaksa on Foreign Relations, Prof. Colombage received appointment as the Secretary to the Foreign Ministry following the last general election.
Admiral Colombage, who had served the SLN for 36 years, was its 18th Commander. He received the command in 2012, three years after the end of the war. Following his retirement, Colombage served as the Director of the Centre for India-Sri Lanka Initiatives and Law of the Sea Centre at the Pathfinder Foundation. At the time of his appointment, as Foreign Secretary, Colombage was the Additional Secretary to the President on Foreign Relations and the Director General of the Institute of National Security Studies Sri Lanka (INSSSL).
Relying on a backbencher’s speech
Let me examine the latest Geneva resolution against the backdrop of the ‘CONFLICTZONE’ interview and the Daily Mirror interview, titled ‘Govt. committed two mistakes’, with one-time Permanent Secretary to the Justice Ministry Dr. Nihal Jayawickrama published on March 27, 2021.
Responding to a query, Dr. Jayawickrama asserted: The mistake that the government appears to have made was to think that it was all about “40,000 deaths”, and to rely on a backbencher’s speech made in the House of Lords. It was never about that. Another mistake that the government appears to have made was to convince itself that the Resolution was initiated by “Diaspora Tamils” when it was not.”
Tamil Diaspora, based in the UK, Australia, and Canada, vigorously circulated the article in the wake of accusations the government compelled the newspaper to ‘kill’ it. The paper denied the accusations. The Global Tamil Forum (GTF) spokesperson Suren Surendiran tweeted: “Remarkably honest replies from Dr. Jayawickrama to some pertinent questions from the “Daily Mirror” Surendiran posted the entire text alleging government-imposed censorship.
Dr. Jayawickrama referred to Lord Naseby as a backbencher whereas Sebastian never referred to the Conservative Party politician’s disclosure in the House of Lords on Oct 12, 2017 or Admiral Colombage cared at least to mention it. If the government relied on Lord Naseby’s revelations, as Dr. Jayawickrama asserted, the former could have exploited the disclosure. The incumbent government conveniently refrained from taking advantage of Lord Naseby’s ‘work’ much to the dismay of the former Royal Air Force pilot who exposed the British duplicity.
A fresh Geneva initiative
Sebastian’s reference to fresh authorisation for UN investigators to collect and preserve data that can be used in the future judicial proceedings should have prompted Admiral Colombage to remind British television journalist and novelist how the UK government suppressed wartime dispatches from its High Commission in Colombo (January-May 2009). The proposed inquiry is scheduled to take place over a period of 12 months, commencing Sept 2021. In fact, during the entire interview, Sebastian conveniently never referred to how the UK suppressed dispatches from Colombo. Lord Naseby obtained some sections of the dispatches after nearly a three-year struggle. He had to seek the intervention of the UK Information Commission to lay his hands on those dispatches.
Leader of Sri Lanka Core Group in addition to being UNHRC member, the UK still refuses to release dispatches despite Geneva authorising a new Inquiry Team, led by a Senior Legal Advisor, to collect all available evidence pertaining to the war and post-war events. Those desperate to prevent the full disclosure of British dispatches from Colombo, obviously advantageous to Sri Lanka, call it a political statement. It was certainly not. Former Chief Justice Sarath Nanda Silva, in an interview with ‘Get Real’ anchor Johnney Mahieash, and subsequent queries from the writer, asked why the UK wanted to suppress dispatches from its own man in wartime Colombo Lt. Col. Anthony Gash who served as the British Defense Attaché throughout the Vanni war. The former CJ was of the view that Geneva should seek access not only to the UK dispatches but from other major countries, particularly the US, India, Germany and Canada. He pointed out that the wartime US Defense Advisor Lt. Col. Lawrence Smith contradicted war crimes accusations in 2011, six years before Lord Naseby revealed the existence of British wartime dispatches.
NPC and GTF back thorough inquiry
The Island sought National Peace Council (NPC) Executive Director Dr. Jehan Perera’s views on the following query: “Geneva set up a new inquiry mechanism at a cost of USD 2.8 mn to gather and examine evidence and information pertaining to the whole gamut of war crimes allegations and current developments. What is your stand on SLPP Chairman Prof. G.L. Peiris public call to the UK to submit Gash reports against the backdrop of the Samagi Jana Balavegaya MP Dr. Harsha de Silva, who once led the government delegation to the UPR (Universal Periodic Review) of Sri Lanka’s human rights record at Geneva backing the government call? Dr. de Silva’s all available info should be made available to the new Geneva inquiry team.”
Dr. Perera responded: “All evidence should be placed before the UN investigation unit and this includes the dispatches of Lt Col Anthony Gash as revealed by Lord Naseby. The UN unit needs to seek that information itself to get a rounded perspective on the problem.
“On the other hand, if the government formally makes a request for the Gash reports it will be accepting the legitimacy of the UN unit which is not its current position. Instead I would wish that the government resolves the issues laid out in the various UN reports through internal mechanisms that have the support of the political parties, including the minorities, within the country.
“It is only if the country is internally united that we can go on the path of development that the government intends and respond successfully to international pressures. Otherwise it looks like our country is locked in a vicious cycle.”
Dr. Perera represented the country at the Geneva sessions during the yahapalana administration.
The writer posed the same question to GTF’s Surendiran, who, too, backed examination of all evidence and information available. Surendiran said: “Of course all available evidence should be made available to the investigative team that will collect and analyse this evidence. No one should hinder that process of collection of evidence, be it the UK Government or the Government of Sri Lanka. In that regard, Sri Lanka if it has nothing to fear about should allow the investigators free access so that the collection process can be comprehensive and complete.”
In fact, Wikileaks revelations pertaining to Sri Lanka, too, should be examined along with submissions received by the UNSG’s Panel of Experts’ (PoE/Darusman Report) that paved the way for the 2015 co-sponsorship of an accountability resolution. Would the new Geneva re-visit previously collected information, particularly by the PoE, covered by UN a 20-year confidentiality clause (2011-2031)?
UK bending backwards to protect
relations with Lanka
The FCO (Foreign and Commonwealth Office), in its objections filed with the Information Commission, following Lord Naseby’s bid to gain dispatches from Colombo, stated; “Lt. Col. Gash was the FCO’s defense attaché at the British Commission in Colombo during the closing stages of Sri Lanka’s civil war. Many of his dispatches contain information provided directly to him by his contacts in the Sri Lankan government, the Sri Lankan Army or other military sources. His reports indicate, he had access to reports on troop movements, Sri Lankan military strategic thinking, the movements of the LTTE and assessments of casualty figures. The effective conduct of international relations depends upon the free, frank and confidential exchange of information such as this. If the UK does not respect these confidences, then its ability to protect and promote UK interests through international relations will be hampered which will not be in the public interest.
Subsequently, the FCO asserted that it was of the view that releasing the information redacted on the basis of section 27(l) (a) would be likely to prejudice the UK’s relationship with Sri Lanka and would negatively impact on the information that they would be willing to exchange with the UK in the future. It further stated, the disclosure of the withheld information, in this case, was not in the public interest as it would be likely to damage the bilateral relationship between the UK and Sri Lanka. This would have the effect of reducing the UK government’s ability to protect and promote UK interests through its relations with Sri Lanka.”
The Information Commissioner, on June 26, 2016, dismissed Naseby’s appeal for full disclosure of the Gash dispatches.
So, according to the FCO, disclosure of Gash dispatches would harm the UK’s relations with Sri Lanka. In the absence of proper examination of British role in promoting terrorism in Sri Lanka, successive UK governments allowed the LTTE a free hand. Wikileaks exposure of a secret meeting between the Norwegians (handling disastrous peace process) and LTTE theoretician Anton Balasingham in the immediate aftermath of Foreign Minister Lakshman Kadirgamar’s assassination in August 2005 underscored the privileged status enjoyed by the LTTE. Balasingham, one-time British High Commission employee who received British citizenship for services rendered to Her Majesty’s government lived freely there until his death due to natural causes in Dec 2006.
Over the years, the UK provided the wherewithal required by the LTTE to wage war in Sri Lanka. The British. contribution grew over the years in the wake of former Indian Prime Minister Rajiv Gandhi’s assassination in May 1991. It must be noted that the UK only removed the LTTE International Secretariat, established in London for many years, only after it assassinated Rajiv Gandhi for the obvious reason that its presence there was becoming too embarrassing even to the British. In fact when a visiting journalist from The Island, accompanied by a group of media persons from several countries, raised the issue of the LTTE having a big presence in the British capital during a visit to BBC Headquarters at Bush House in Central London around the time of the Rajiv assassination that year, he was given the lame excuse that the Tigers had not violated any UK laws. Despite the much-publicised British proscription of the LTTE, the latter operated a major fund-raising project that funded their war until the very end.
Perhaps, Foreign Secretary Colombage, during the interview with Sebastian, should have referred to the Wikileaks revelation of the then British Foreign Secretary David Miliband and his French counterpart Bernard Kouchner making a desperate bid to halt the military offensive on the Vanni east front. Towards the end of the ‘CONFLICTZONE’ interview, Sebastian queried about Inspector Nishantha Silva fleeing the country in the immediate aftermath of the 2019 presidential election.
Focus on Shani, Nishantha
Referring to the arresting of SSP Shani Abeysekera, Director, Criminal Investigation Division (CID) who inquired into several key human rights cases, Sebastian said: “…and another Nishantha Silva from the same Division had to leave Sri Lanka because of threats immediately after the last presidential election and you tell me that is the way a democracy which you claimed to have pursues justice does not look like it? Does it? Questioning how Nishantha Silva left the country suddenly, Prof. Colombage alleged it was all part of a conspiracy while strongly denying Sebastian’s accusation the officer was threatened. “All these things were planned. They were probably given lots of money to do these things…” Sebastian insisted: “You do not know that Mr. Secretary…”
It would have been better if Prof. Colombage pointed out that the Swiss Embassy involvement in the Nishantha Silva affair against the backdrop of one of its employees Garnier Francis (former Siriyalatha Perera) falsely accusing government agents of abducting her outside the mission and sexually abusing her. Sebastian conveniently refrained from referring to Garnier who had been Silva’s contact at the Swiss mission. The Swiss went to the extent of trying to evacuate Garnier and her family in a special air ambulance after their project meant to smear President Gotabaya Rajapaksa went awry. President Gotabaya Rajapaksa opposed the move to evacuate them. If not Garnier, too, would have ended up in Switzerland and a key campaign issue against Sri Lanka.
At one-point Sebastian chided Prof. Colombage whether he was proud of living in a country where child killers get presidential pardon? Sebastian was referring to President Gotabaya Rajapaksa releasing a soldier convicted of killing several persons, including children in the Jaffna peninsula. Colombage responded well, pointing out how post-war, Sri Lanka rehabilitated 12,000 terrorists, including children. Colombage posed a pertinent question whether presidential pardon is available only in Sri Lanka. Sebastian insisted he focused on Sri Lanka and not the rest of the world. Perhaps, Prof. Colombage should have reminded Sebastian how funds made available by those living in the UK prolonged the war in Sri Lanka. None of those shedding crocodile tears today bothered to protest when the LTTE used children as cannon fodder. The fact that children were used in suicide attacks, too, cannot be forgotten. Didn’t Rajiv Gandhi perish in a suicide attack carried out by a female Tiger cadre? A proper inquiry is required to ascertain and identify those members of Sri Lankan terrorist groups living in the UK and the rest of the world. The proposed new Geneva probe can facilitate Sri Lanka’s efforts to track down those living overseas, under assumed names, while they continued to be categorized as war disappeared.
Sebastian also raised the issue of disappearances and missing. In fact, former Prime Minister Ranil Wickremesinghe explained the cases of missing and disappearances during the yahapalana administration. Wickremesinghe pointed out how the so-called disappeared either died in combat or were now living overseas.
Prof. Colombage responded: “…most of the human rights defenders are receiving money from the West. We know their bank accounts. We know how much they have received.” The Foreign Secretary alleged they were not bona fide human rights defenders. Sebastian hit back: “You just smeared the whole lot of them in one sentence…”
Now that Prof. Colombage has quite rightly raised funding received by NGOs/civil society groups, let there be a public disclosure of the funding secured over the years. A Norwegian examination of its involvement in Sri Lanka released in 2011 revealed substantial funding made available to various civil society groups. The Norwegian report revealed how generous Oslo had been to those who facilitated its Sri Lanka project. As Geneva stepped up pressure on the country, the government should approach the issues at hand sensibly. Geneva should be priority No 1. The government cannot forget that no less than Commander of the Army Gen. Shavendra Silva, earlier the General Officer Commanding (GoC) of the celebrated 58 Division/formerly Task Force I was blacklisted by the US. Sebastian warned Prof. Colombage of dire threats posed by targeted sanctions imposed by individual countries. Member states might start applying targeted sanctions, asset freezers and travel bans against your state officials and others…. Are you ready for that?
Prof. Colombage responded: “If individual countries have a separate agenda not necessarily human rights but using human rights as a weapon there is very little we can do. Let us wait and see.” However, the former Navy Commander missed a golden opportunity to ask Sebastian what he thought of the Tamil community overwhelmingly voting for war-winning Army Chief the then General Sarath Fonseka at the 2010 presidential poll. Fonseka won all predominately Tamil speaking electoral districts in the northern and eastern districts, including Jaffna. In fact, bogus human rights campaign should have ended the day, Tamils declared their support to tough talking Fonseka, who survived a suicide attack in April 2006 to finish off the LTTE. If the LTTE succeeded in eliminating Fonseka and the then Defence Secretary Gotabaya Rajapaksa in 2006, terrorism would have triumphed. But fortunately for Sri Lanka both survived two separate LTTE suicide attacks targeting them in Colombo itself. That is the undeniable truth.
Convincing storytelling with engaging dialogue and three-dimensional characters
‘10.34’ By Aditha Dissanayake, a Vijitha Yapa Publication
Reviewed by Nandasiri (Nandi) Jasentuliyana
Former Deputy Director-General, United Nations.
’10:34′ is a dramatic love story of a poetic and tender quality written with a deep respect for both the beauty and the danger to our blue planet seen from space as a vulnerable blob in the vast universe.
It is a contemporary romance that follows a woman, a committed environmentalist, as she navigates her life among men with differing feelings of the imperative of conservation stewardship.
This book is Gratiaen Award winner Aditha Dissanayake’s fourth novel, by far the best. This book is enjoyable to read due to the simplicity of the prose style and vividness of imagination. Though simple but thoughtful, the story is fun enough, and the unexpected twists and turns keep the reader engaged.
It is the story of two people finding love in unusual circumstances, albeit differently than either of them intended.
Aditha narrates a 24-year-old schoolteacher’s unexpected detour of accompanying her banker fiancé and migrating to New Zealand. The deviation begins when Kumi alights the morning Udarata Menike to visit her hometown in the fictional village of Maliyadda on the banks of the Kothmale Oya. She goes there directed by her Uncle in London to make the final arrangements to sell her grandfather’s ancestral property. Kumi finds the dilapidated property a piece of heaven on earth. Lush greenery with a creek flowing through the property has become the perfect home for all that nature creates. An ideal home for her as well she realises. She could hardly tear herself off from the allure of the place to return to Colombo, which she must, to see her fiancé off. He was going ahead to settle affairs in the new country they were moving to before Kumi arrives.
During her vacation to her ancestral village, abandoning her plans to stay at the bed and breakfast place where she had an eventful night with an unexpected visitor, she moves into the abandoned house that had once belonged to her grandparents. Kumi also struck a friendship with Vino Coomaraswamy, an editor of a publishing house in Lancaster, on holiday in Maliyadda, searching for his roots.
On return to Colombo, she finds her favourite mango tree, that shaded her room and to its rustling sounds which she fell asleep in the night, had been a victim of the insensitive confidant who failed to understand that perhaps her first love is nature. Incensed by the developments that followed and tugged by the spell cast over her by the sanctuary in Maliyadda, she makes an unintended quick return to the place she had felt at peace.
There, she finds comfort in her friends Vino and a Professor turned recluse whom she had met on her previous visit. The Professor was intruding on the property to record the often-ignored weeds and lesser-known plants in the mid-country for his next book.
Abandoning her plans to move to New Zealand with her urbanized banker boyfriend, she decides to make home the abandoned house that had once belonged to her grandparents. But in addition to preventing her Uncle from selling the land, Kumi must also prove to the Professor that she has no wish to harm the plants that he so loves.
Easily the best part of the book is how, as the story unravels, it becomes clear that Kumi and the Professor progress towards saving not only nature but themselves from their toxic relationships and past mistakes.
An essential aspect of the book is the author’s tender, discerning look at nature that is ever-present and is the thread that runs through the novel.
Aditha makes her characters very vibrant and three-dimensional and true to life. The main characters are compelling and enigmatic. Kumi is beautifully drawn – warm, bold, outspoken, intelligent, and kind to all living beings, whether human or part of nature, the type of character that carries an endearing story. Vividly portrayed, the men around her – Nadush, bright and bold as an up-and-coming banker, Kavan, intelligent and warm as a professor, and Vinoo, intelligent and outspoken as an editor would be.
The characters in this book are remarkable. The author shows a deep understanding of their roles and places them cleverly to keep the story moving. There are also secondary characters introduced for a few cameos. Even some of those who barely appear have a chance to shine, which tell us a lot about the storytelling.
The book is sprinkled with enjoyable dialogue, which is hard to write – and extremely hard to write well. Two people merely talking are not always engaging on the page, no matter how scintillating the dialogue. Novel writers are not screenwriters whose story is brought to life by an entourage of directors, actors, sound engineers, cinematographers. A novelist must describe the setting and provide all five senses for the reader. Readers will not know what things look like unless you show them.
Aditha’s text reads like a screenplay. The conversation between Kumi and the Tuk Tuk driver is such that a reader can hear it as if spoken aloud; the words do not lie inert on the page. When discourse flows, it’s easy to read and understand; it’s funny, revealing, poignant, and devastating all in one single sentence. The story is interspersed with engaging dialogue, and that’s part of what makes it effective. The dialogue is so catchy, so snappy, so utterly say-able, that the story could easily be made into a movie…
This is a wonderfully written novel with a captivating story that touches your heart, an engaging plot with so many twists, and endearing characters who were believable. The book affirms the depth of humanity’s relationship with nature and adds particular urgency to the cause of protecting the environment that nourishes all living beings. It is a delightful book.
‘Human Rights’ And Ecological Crisis In Sri Lanka
‘The origin of the contemporary ecological and social crisis can be traced to the colonial period and the incorporation of the country into the global capitalist economy.’
By Prof. Asoka Bandarage
The recent UN Human Rights Council (UNHRC) resolution A/HRC/46/L.1/Rev.1 of March 16 has brought extensive charges against Sri Lanka over alleged human rights violations, but is arguably seriously flawed. Opportunistic and strategic use of human rights by the western powers to maintain hegemony continually ignore violations of the rights of nature and humanity rooted in the destructive model of economic development the same powers introduced to the world.
Ancient Sri Lanka was known for its Buddhist eco-centric approach to life. The origin of the contemporary ecological and social crisis can be traced to the colonial period and the incorporation of the country into the global capitalist economy.
Vast tracts of forest were cut to establish mono-cultural coffee, tea and rubber plantations and local people lost rights to ancestral lands and resources. Deforestation destroyed water resources that irrigated the rivers leaving village tanks dry. Multi-crop subsistence agriculture was undermined, leaving people to become dependent on imported food supplies.
Sri Lanka’s forest cover declined from 84% in 1881 to 70% in 1900 and to around 50% in 1948, when the British left. Deforestation and plantation development laid the basis for land erosion and loss of animal habitats and biodiversity.
The origin of the current human- elephant conflict is attributed to deforestation starting in the British era, along with the widespread colonial practice of killing animals for sport and trade. The revered elephant was declared a pest and a reward of a few shillings was given for the head of an elephant.
With the introduction of the Open Economy in 1977, Sri Lanka became subjected to neo-liberal policies such as privatization and structural adjustment, largely as conditions to loans from the World Bank and the IMF. The massive Mahawaeli River Development Program of this period provided access to land for the poor and a significant increase in the country’s food production and power resources. However, the construction of dams and irrigation networks, roads, and similar infrastructure also radically altered soil and water systems including degradation of watershed conditions and loss of wildlife habitat and populations.
A related agricultural reform began in the 1960s (the “Green Revolution”), with a campaign to promote the use of agrochemicals and transgenic crop varieties, resulting in the loss of original indigenous seed varieties. The Mahaweli program and irrigation have supplied the water for most of the rice cultivation in the North Central Province. This area is also – likely not coincidentally – the site of the nation’s highest incidence of chronic kidney disease among poor farming communities.
The rich industrialized countries in the Global North are responsible for nearly 80% of historical global carbon emissions. Yet poor countries in the global South, such as Sri Lanka – whose carbon footprint is negligible – are the greatest victims of climate disasters. The current and looming impact of climate change on Sri Lanka is massive:
Annual mean air temperature has significantly increased by between 1961- 1990 increasing 0.016 °C per year;
Annual average rainfall over Sri Lanka has decreased by about seven percent between the 1931-1960 period and the 1961 to 1990 period;
Forecasting the rise in sea level, Sri Lanka is faced with a predicted devastating coastal erosion rate of 0.30-0.35 meter a year, with adverse impact on nearly 55 percent of the shoreline.
The 2004 tsunami drastically highlighted the vulnerability of the low-lying plains in the coastal zone to any future rise in sea level. Northern and eastern coastal areas claimed as traditional ‘Tamil homelands’, are vulnerable to submersion as they are flatter than other coastal areas. This has serious implications for both population displacement and renewed political conflict, concerns totally absent in UNHCR Resolutions that focus on identity politics and calls for political devolution.
In 2015, the Internal Displacement Monitoring Center (IDMC), an international aid NGO, identified Sri Lanka ‘as the country with the highest relative risk of being displaced by disaster in South Asia. For every million inhabitants, 15,000 are at risk of being displaced every year in Sri Lanka’.
In 2017 alone, the country experienced seven disaster events, mainly floods and landslides, and ‘135,000 new displacements due to disaster. Sri Lanka is also at risk from slow-onset impacts like soil degradation, saltwater intrusion, water scarcity, and crop failure’.
Sri Lanka was ranked second among countries most affected by extreme weather events in the Global Climate Risk Index 2019 and sixth in 2020.
Deforestation is considered the greatest environmental threat facing Sri Lanka today. Sri Lanka ranked fourth among countries with worst deforestation of primary forests in the world in the 2000-2005 period. Forest cover, which had declined to about 50% at the end of British rule, has further declined to 44% in 1956 and 16.5 % in 2019.
A highly controversial current case is the housing development supposedly constructed for internally displaced persons (IDPs) on Willpattu National Wildlife Park. The housing will remain despite a recent court judgement that declared it illegal. The ‘polluter pays’ principle was upheld, but this only requires that the offender reforests other lands ‘in any area equivalent to the reserve forest area used for re-settlement of IDPs’. Even this court decision is under appeal by the 7th respondent, former Minister of Industry and Commerce, Rishard Badiuddin. Moreover, as ecologists point out, mere tree planting elsewhere will not lead to recovery of the intricate forest eco-systems that were destroyed.
Another major controversy involves the Sinharaja Rainforest covering an area of 18,900 acres. It is home to over 50% of the country’s endemic species and is a UNESCO World Heritage Site. Deforestation is now taking place in the Sinharaja area for the construction of a road for an isolated village bordering the Forest Reserve and for the suspected building of hotels, shops and other encroachments.
A National Plan based on surveys and clear demarcation of boundaries of Forest Reserves, Wildlife Sanctuaries and Conservation Areas and enforcement is urgently needed to avoid conflict and encroachment over remaining forests.
A recent announcement was made by the Government Minister of Irrigation, Chamal Rajapaksa, regarding proposals to construct two irrigation tanks inside the Sinharaja, each spanning an area of five acres, with Chinese involvement. A 30-kilometer water tunnel to transport fresh water to areas in the South (including possibly Chinese controlled Hambantota port) is also reported. This announcement has raised alarm over environmental impact and likely loss of the UNESCO World Heritage status.
Mining, Dumping and Export-led Growth
There are, unfortunately, many other environmental controversies, the most destructive of which involve export-led growth and foreign companies.
In 2017, 263 waste containers carrying biomedical, plastic and other waste from the UK was brought for illegal dumping in Sri Lanka. Such toxic dumping by rich Northern countries in the poor countries of the South is sadly a common practice. After a legal victory by environmentalists, the containers are being sent back to the UK.
A proposed new project in the Eastern Province is the Eastern Minerals Project of Capital Metal, a company from the UK which plans to mine the ‘highest-grade’ mineral sands containing ilmenite, rutile, zircon and garnet. While it promises to be a highly profitable venture, environmentalists fear massive and irreversible damage to the vulnerable eastern coastline.
Yet another controversial mining project is proposed by Titanium Sands, an Australian company,that wants to mine titanium on the island of Mannar off the northern coast of Sri Lanka. Mannar is a bird paradise and local environmentalists blame the Australian company of ‘illegal conduct’ and plans to dramatically transform the ecosystem and limit land use by the local community.
Just as the world is at the cusp of a new era of technological and corporate authoritarianism, Sri Lanka, with its strategic location in the Indian Ocean, is also at a decisive historical juncture. The island is facing new forms of external intervention and competition primarily involving the expansionist and national security efforts of China, USA and India. These three countries are also the biggest carbon polluters, pursuing unbridled economic growth despite the impending global climate catastrophe.
Sri Lanka is centrally placed in the maritime route of China’s Belt Road Initiative. China is now in control of the Hambantota port, the Colombo Port City, a terminal of the Colombo port and a hybrid renewable energy project on three islands off the Jaffna peninsula, just 50 km from the Tamil Nadu coast.
The Quadrilateral Alliance of the USA, India, Australia and Japan is challenging this Chinese expansion, and is, in turn, in control of key strategic positions and natural resources.
India, for example, is in control of the British colonial era Oil Tank Farm in the seaport town of Trincomalee. It is reported that the development of the west terminal of the Colombo port will also be given to the company of Indian billionaire Adani.
The US Millennium Challenge Corporation’s proposed Compact with Sri Lanka was turned down by Sri Lanka due to local protests over resource exploitation, land grab and an effort to splinter Sri Lanka into two separate entities under the control of the United States. However, there is suspicion that some of the main objectives of the MCC to digitalize land registers and privatize land to make them available for development by transnational corporations maybe be continuing in other ways.
The US signed an Acquisitions and Cross Services Agreement (ACSA) with Sri Lanka in 2017 making the island a ‘logistics hub’ allowing US military vessels open-ended access to Sri Lanka’s seaports and airports. The ACSA is part of the ‘grand strategy of a united military front between the US and India in the Indo-Pacific’.
A Status of Forces Agreement (SOFA) between the USA and Sri Lanka, which could turn Sri Lanka into a US military base, has been proposed but not yet signed due to local protest.
Neo-Colonialism and Eco-Social Implications
While the implications of Neo-Colonialism for Sri Lanka’s sovereignty, unity and territorial integrity have been much discussed in recent media, the ecological and social implications remain relatively unexplored. Some of these include:
Conflicts between Chinese interests and farming families around the Hambantota port over Chinese offers to buy ancestral properties of locals.
Protests and legal action by environmentalists over Chinese Port City, especially coastal sand excavation and dumping of chemical waste.
Control of the west terminal of the Colombo harbor by India’s controversial Adani Group, which has a history of environmental and financial violations in Australia and India.
Effects of militarization of the island under the ACSA and possible SOFA agreements and military confrontation between the Quadrilateral Alliance and China in the Indian Ocean.
Future Survival with the Wisdom of the Past
Sustainable agriculture has a long history on the island, as in any long-lasting indigenous culture, and it needs to be brought back to the fore. Local self-sufficiency and agro-ecology are the only solutions to future food scarcity and surviving the vicissitudes of the global economy.
Both Sri Lanka and the world have enough natural resources to support people if resources are shared equitably and sustainably used. It is the apocalyptic destruction of the unregulated greed of neoliberalism that must end.
For this to happen, policies of corporate regulation must be put in place at both the national and global levels. These policies also need to incorporate a broader definition of human rights that includes the rights of nature and people’s rights to natural resources and livelihoods. 250 major civil society organizations from around the world have signed a declaration calling for an end to ‘corporate control and cooptation’ of the United Nations including the U.N. Convention on Climate Change. Indeed, the moral authority of the United Nations and its partisan approach to human rights need serious questioning.
There is an urgent concurrent need for environmental education that transcends political party and ethno-religious divisions and unites people both with each other and with a survivable environment. Environmentalism is also humanism that looks to the future, and the rights and survival of future generations.
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