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International Law Implications of Canadian Parliament’s Motion on ‘Tamil Genocide’

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By Dharshan Weerasekera

On 18 May 2022, the Canadian House of Commons adopted without opposition a motion introduced by Rep. Gary Anandasangaree recognising 18 May of each year as “Tamil Genocide Remembrance Day” (www.parliament.ca). This follows a Bill adopted by the Ontario legislature in May 2021 calling for the week following May 18th of each year to be celebrated as “Tamil Genocide education week.” However, the Ontario legislature is a provincial body and its actions do not carry the same weight as a national legislature.

The fact that purported ‘Tamil genocide’ in Sri Lanka has been recognised by the Canadian national legislature carries international implications. Most critics of the motion dismiss it as an attempt by the Canadian lawmakers to pander to a vocal minority. However, recognition by the national legislature of a foreign county that genocide is taking place in Sri Lanka has very serious consequences to this country. Unfortunately, there has been little or no discussion on this issue in local newspapers or academic journals and it is in the public interest to begin one.

In this article, I shall briefly discuss, i) the lack of evidence for Tamil genocide, ii) the gravity of what the Canadian legislature has done , iii) the illegality of the act, iv) address two objections and draw the relevant conclusions

The lack of evidence for Tamil genocide

I have discussed at some length the lack of evidence for Tamil genocide in Sri Lanka in an article titled, “Ontario’s Bill 104: Tamil Genocide Education or Mis-education Week?” (The Island, 9 December 2021) and refer the reader to that for more details. However, here I shall focus on a report titled, “Canada’s Inadequate Response to Terrorism: The Need for Policy Reform” (2006) by Martin Collacott, a former Canadian High Commissioner to Sri Lanka and also eminent academic. I wish to draw certain inferences from some of Collacot’s observations.

He says: “According to the records of the consular section of the Sri Lankan High Commission in Ottawa, more than 8,600 Sri Lankans with refugee claims pending in Canada applied for travel documents to visit Sri Lanka in a single year.” (Martin Collacot, “Canada’s Inadequate Response to Terrorism: The Need for Policy Reform,” Fraser Institute Digital Publication, February 2006, p. 34)

He continues: “In comparison with Canada, other countries have accepted relatively few refugee claims from Sri Lankan Tamils as they do not consider them to have been persecuted. In 2003, Canada accepted 1,749 Sri Lankan claimants (UNHCR, 2003, table 8) while the rest of the world combined gave refugee status to only 1,160. Canada’s acceptance rate was 76.3 percent, while the average for other countries was 15.8 percent.” (p. 34)

It would be absurd to suppose that people would visit Sri Lanka if they or their relatives are being subjected to genocide here, or at any rate, it casts doubt as to whether such a thing is happening. Meanwhile, the drastic difference in the number of refugee applications of Sri Lankans being accepted in Canada as opposed to other countries, if true, indicates that there is a difference of opinion on the issue of persecution. It should prompt a reasonable person to review and reassess his or her views as to whether Tamil genocide is taking place here.

The point is that information such as that provided by Collacot is readily available in the public domain and it is reasonable to suppose that Canadian lawmakers are familiar with at least some of it. However, there is no evidence that such information has registered with Canadian legislators because there was not a single voice raised in opposition to the impugned motion. In these circumstances, the inference is irresistible that the Canadian House of Commons has adopted the motion with scant regard to the truth or falsity of the allegation of Tamil genocide.

The gravity of the act

The impugned motion is not just a local or domestic concern of Canadians but is pregnant with consequences for Sri Lankans, because of the following reasons. Genocide is the intentional destruction or attempt at destruction of an entire people. Among other things, it is one of the conditions that would permit an ethnic group within a particular country to invoke the right to external self-determination (i.e. secession) under international law.

For instance, in the seminal Canadian case Reference re Secession of Quebec [1998] 2 SCR 217, widely cited in other countries, the Supreme Court of Canada identifies three conditions that would warrant an ethnic/religious/linguistic group within a country to invoke the right to external self-determination: colonialism, alien subjugation or domination and denial of meaningful access to government to pursue one’s political social and cultural development. (Reference, para 138)

Genocide could be brought under the second or third categories. The Canadian House of Commons represents the entire people of Canada, not different interest groups. So, such a body has now placed on record that conditions exist in Sri Lanka for the Tamils to arguably invoke a right to self-determination under international law. It sets a precedent for other countries to also adopt motions or even resolutions unilaterally alleging Tamil genocide in Sri Lanka with scant regard for the truth.

If a significant number of other countries endorse an invocation of the right to self-determination by an ethnic minority in Sri Lanka, this country will eventually have to capitulate to the demand for a separate State. Sri Lanka is a relatively poor country heavily dependent on foreign aid. It cannot afford to alienate the international community, especially its main donors. Therefore, the impugned motion potentially sets the stage for interested parties to advance their ambitions of creating a separate State within Sri Lanka, with the collusion or connivance of other countries.

The illegality of the act

The UN Charter is the basis of international law. Article 2(4) enshrines one of the principles of the UN It states: “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations.”

The above provision has two parts: a) refraining from the threat or use of force against other States and b) acting in any other manner inconsistent with the purposes of the U.N. I wish to focus on the second limb. Articles 1(1) – (1 (4) of the Charter set out the purposes of the U.N. Article 1(2) states: “To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take appropriate measures to strengthen universal peace.”

The standard interpretation of the above is that the UN cannot intervene unduly in the internal affairs of nations. More importantly, on the concept of ‘self-determination,’ to the best of my knowledge the international Court of Justice (ICJ) has never yet extended the said concept to cover a right to secession. The court has only held that the concept applies in colonial contexts, non-self-governing territories and that it cannot be used in order to undermine existing state boundaries (See Western Sahara, Advisory Opinion, 1975; Namibia, Advisory Opinion, 1976; and Frontier Dispute case, 1986, ICJ Reports 554, respectively.)

There is a profound difficulty in interpreting the ‘right to self-determination’ to include a right to secession, namely, it could lead to a veritable explosion of demands for statehood by various ethnic minorities. The U.N. is well aware of this problem. A panel of U.N. legal experts point out, “If every ethnic, religious or linguistic group claimed statehood, there would be no limit to fragmentation, and peace and security and well-being for all would become even more difficult to achieve.” (“An agenda for Peace,’ UN doc. A/47/277)

In sum, the UN is not permitted to promote the secessionist ambitions of ethnic minorities. The impugned motion does just that, or at any rate sets a precedent that has the potential to lead to an international endorsement of a right to self-determination of a particular ethnic minority in Sri Lanka. It is inconsistent with the letter as well as spirit of Article 1(2) and hence illegal under international law.

Objections

A critic might object that i) the national legislature is not the government of a country and it is only the government that would come under the purview of international law and ii) the impugned act can be justified under the Responsibility to Protect (R2P) doctrine.

In regard to the first, to the best of my knowledge the Canadian government has not dissociated itself from the act of the legislature or issued a single statement critical of the said act. The well-known legal maxim states, “He who is silent appears to consent (Qui tacit consentire videtur)”. Accordingly, one must presume that the Government is either complicit in the act or tacitly approves of it.

In regard to R2P, the doctrine contends that members of the international community have an obligation to intervene in the internal affairs of nations regardless of the U.N. Charter’s customary prohibitions against such action, if there are horrendous abuses taking place in a country and the citizens of such country have no other means of protecting themselves.

However, a prerequisite for the application of R2P is that the abuses in question must first be reported to the Security Council. No such thing as happened in the instant case. In fact, the Canadian legislature has failed to submit their allegations to any international forum whatsoever and give Sri Lanka a chance to respond. It should be noted that, Natural Justice, which includes the injunction, “Hear the other side!” is an overriding principle (jus cogens) of international law. In these circumstances, R2P cannot justify the impugned motion.

Conclusion

The national legislature of a country should not get a free pass to flout international law at will. If the national legislatures of other countries also start adopting motions alleging ‘Tamil genocide’ with scant regard to the facts, it would pose a danger not just to Sri Lanka but to all countries facing the threat of separatism. It is in the interest of Sri Lankans as well as all friends of international law to vigorously challenge this act and prevent it from setting a precedent.

(The writer is an Attorney-at-Law)



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Twin personas; reaction long after the action

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I am pleasantly surprised and marvel too most times I read the editorial in The Island. Why? Because they are so very apt on the most current issue in the land. The editor has the clever knack of hitting the nail right on the head and is fearless even when the nail represents a VVIP.

Friday 25 November had the sharp, truth writing editor commenting on President Ranil W and his stunning metamorphosis from a peace promoting, democracy advocating politician to a persona that he himself says is Hitler like. And as the editor has written, one wondered if he and his immediate predecessor, Gotabaya Rajapaksa, had swapped bodies, for the former sounded just like the latter. Gota was expected to be a dictator; a monk called out to him to be Sri Lanka’s Hitler while his brother Basil bracketed him with the ‘Terminator’.

Ranil seems to hear cries for protection of human rights as a cover for violent protests. Gota, though an army man and later as a civilian, cosseted the army at great cost to the exchequer, did not threaten to bring the army out to quell protests. It was done once or twice: e. g at Rathupaswela and at an FTZ. These orders were not proven to be directly emanating from him nor directly connected to him. However, peace proclaiming Wickremesinghe with his new surname added on is outdoing the former army officer. He maintains the PTA and now says (probably in all truth and belief – scarce characteristics of politicians) that he will call out the army to quell protests, which have been and will be, mostly peaceful.

What this woman, a former teacher and counselor, opines with common sense and intuition is that he is going about it all wrong. He is inciting protest and lawlessness, even violence, since the youth of the country, with others, are utterly frustrated, angered, troubled and volcanic – waiting to erupt and so are the sideline catalysts: the terrorism promoting core politicized protesters of the IUSF, FSP and certain JVPers. Ranil should have been wiser and less outreaching, and negotiated with leaders of the groups mentioned, including trouble rousers like Stalin, and convinced them of the dire state the country is in. Negotiating with die-hard protesters may not be his cuppa; he shies away from direct contact with the hoi polloi. But talk to them he must. He should include persons like Guv CB to the negotiating table since Dr Nandalal Weerasinghe is one of the very few, if not the only high-up, that all respect. The rabble-rousers should be convinced, even threatened privately, that at this juncture what the country needs and the IMF promotes is encouraging money making projects, the surest and largest-inflow-of dollars earning tourism to resume and continue with peace prevailing in the country. With so many countries with so much to offer, why should tourists visit a near warring Sri Lanka? The reality of course is that this dot of an island has most to offer the tourist as pronounced by even Lonely Planet guides.

However, as is always the case, the country pleases but men in it are vile and utterly stupid. The protestors do not realize their protests will not change things immediately. But they most certainly cost the country much. These fire breathing, loud mouthed protestors and so-called protectors of peace and human rights are at present the principal harmers of the land.If after sincere one-to-one negotiation, some remain recalcitrant, then the police should be called in to deal with them.

Bang shut empty stable door

Mentioned many times before by Cass and other writers, Sri Lankans in general suffer short memories: will vilify a person today and praise him tomorrow not only because they are turncoats but because the people have forgotten and of course forgiven yesterday’s sins of leaders. Another characteristic is shutting the stable door once the horse has bolted. The preliminaries of the flight of the horse are seen but no alarm is raised. Once the horse has bolted; then come forth loud hues and cries of damage done.This last character trait of the Sinhala race mostly, was exhibited and exposed in the news telecast on MTV 1 Channel on Sunday November 27.

Villagers of a certain forest area, with voices raised women to the forefront, confronted a man who was in a new built, multi roomed hut-like construction. He seemed settled down. The crowd that walked across a vast area of bare land accused that the forest that covered this area had been illegally decimated. They demanded evidence of his right to settle down there. He said the police and other officials had cleared him. Trespassing was not even mentioned. Cass’ wonder at this loud fracas was why the fuss now with land bare and a house built when the villagers surely heard if not saw trees being felled en masse. Why had they not informed authorities then? Why wait for the deforestation and illegal building to be completed before protesting? Had they been waiting all these past months for the TV cameras to arrive to act angry and national minded?

It was suspected, if not known for sure, that vociferous Diana Gamage was a dual citizenship holder or maybe even a citizen of another country visiting her home turf. She was up front for long and since being made a State Minister by Prez Wickremasinghe, his hand guided by a crow pulling strings from even thousands of miles to the west, became prominently vociferous with forex earning projects foundationed on fun and good times. She proposed the growing of ganja plants; creating a Disney theme park; making Mannar an international gambling den and what else Cass fails to recall. Now firmly in Parliament as an elected member she faces the public rising up and declaring she is not eligible to hold a Parliamentary seat since the passage of A21 or 22. The mare had bolted to the green pastures by the Diyawanne and now people are a-rising to close the door she galloped through. Confine her at home with no powers and privileges or deport her to turf in her adopted country?

Bandula Gunawardena, holding the portfolio of Minister of Trade, held forth on the subject he thinks he is omniscient in. He claims economics as his forte of intellectual knowledge; certification of this fact being he was a tuition master in the subject. He refers to himself as Doctor Bandula G; the doctorate coming to him from where we know not. In a pontification in Parliament on the Sunday, he waxed eloquent on mismanagement of the Central Bank and trotted out figures in billions and decimals thereof of printed money. He blamed past CB persons. Why was this economist considering himself on par with Amartya Sen, Paul Krugman and Maynard Keynes, silent then when Nivaard Cabral kept the printing machines in the CB turning day and night churning out 5000 rupee notes? (PS. Cass wonders very much whether he has heard of Krugman and knows Keynes was one of the Bloomsbury Group. Cass can wager her life that he does not know who this group was).

Speaking of this Mr Cabral, he was recently seen on TV at a press interview passing the buck adroitly and proclaiming he was obeying orders to print money. Was he a robot and of whom?

Short take

A very good move was mooted recently in Parliament and will soon be law. Cass refers to the stricture that university students will be allowed one extra year after their graduating date whether they fail the final exam and wish to repeat or when they dodge sitting the final exam. Here again the closing of the loophole after damage is done. Firebrand Wasantha is said to have been in the University of Sri Jayawardenapura for eight solid years. Wasn’t this truancy of sitting the finals seen earlier? Authorities too scared to report the fact; saving their scalps by ignoring anomalies. just as they turn blind eyes to filthy and dangerous ragging in universities?

This land of ours which is truly incomparable, is derogatively a land like no other when speaking of it with tongue in cheek.

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Maris Stella College in 1950s and 60s

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By George Braine

Maris Stella College, Negombo, is celebrating its centenary this year. These are my recollections of the years I spent there.Maris Stella had classes from Standard Two. For lower and upper kindergarten (as they were called those days), all boys attended Ave Maria Convent, along with girls, of course. One teacher I recall is Sr. Mary Imelda, diminutive but a formidable force. As she taught, her two dogs, spoiled rotten by the children, roamed the classroom.

Maris Stella sits on the road that extends from Colombo to Chilaw, and beyond to Puttalam and Anuradhapura. Despite the heavy traffic on the road, the school displays a somewhat serene ambience because of the large, well maintained playground, and the lovely main building set some distance from the road. Two storied, with a lengthy Italianesque facade, the main building is reached along two narrow roadways lined by long, single storied classrooms. In the center, shaded by massive mara trees, is a smaller playing field – for soccer, softball cricket and gymnastics- in the 50s and 60s. These buildings, the trees, and the playing field, now a lush green, have been well preserved.

My father recalled that, during World War II, when Allied troops were stationed at the school, these mara trees were covered with camouflage nets to hide the anti-aircraft guns mounted below.

Teachers and students

My father had been at Maris Stella in the 1930s and 40s, and when I entered in 1957, some of his teachers were still there. Elias, dark, wizened, and with a tousle of grey hair, taught me in Standard 2. Capt. Jayamanne, a big man, tough as nails, had been the cadet platoon commander during my father’s time, and still was. Bro. Jonas had been in charge of sports for years. Obris, who taught English, had become the vice-principal. My father also recalled Bros. Nizier, Valentine, and Xavier, a Spaniard. Mahaboob, physical training instructor and Bro. Gerard had been his classmates. Undoubtedly, the most unusual teacher was Johannes, who taught Sinhala. The only teacher who wore a sarong to school, worn high up on the waist and held up with a broad belt, he had an owlish, scholarly air; our textbooks on Sinhala had been authored by him. Ms. Wallace, lustily playing the piano, taught us singing. Two younger teachers were Dabarera and Kurera.

One hilarious memory is that of Bro. Jonas, coaching the football team even during matches, running up and down the sidelines, grey hair and cassock flying. He was strict, liberal with the cane and slaps. Another is of Mahaboob, the PTI, in his impeccable polo shirt, pants, and tennis shoes, all in spotless white, taking us through various drills on the playground.

The principals during my time were Bros. Stanislaus and Peter, and the headmasters Bros. Nizier and Gerard.We were living near Ave Maria Convent when I joined Maris Stella, which meant a walk of more than a mile, crossing a railway track and walking along Main Street till I reached Copra Junction along the Colombo – Chilaw road. The street is chock-a-block with shops now, but, in those days, I only passed houses with well-maintained gardens, a couple of boutiques, a dispensary and a dental clinic. A well-off classmate was driven to school and passed me on the way, but never offered me a lift.

Most students walked to school or rode bicycles, in wave after wave. Others came by train or bus. The only person who drove was a senior student named Jayakody from Dankotuwa. This was extraordinary, when no teacher owned a car, and some rode rickety bicycles. His Peugeot 203 was parked under a mara tree while he attended classes and later stayed for football practice.

At Maris Stella, a Catholic school, most students were Catholic. But, ethnically, we were an eclectic band, marked by the Bharatha community and Burghers. The family names of schoolmates I can recall is evidence of this: Siriwardena, Jayawardena, Abeysekera, Swaminathan, Bolonghe, Salgado, Leitan, Tissera, Hettiaarachi, Jayamanne, Franke, Croos-Dabarera, Dabarera, Jayamaha, Coonghe, Aserappa, Rodrigo, Fernando, Pereira, Costa, Gomez, Mirando. Ives Swaminathan had immigrated from Mauritius, and sang French songs in a lovely voice.

After my brother entered Maris Stella, we were five cousins there: Roy and Lloyd Chelvaratnam, George Wambeck, George and Roy Braine. Roy C and Lloyd were in the Tamil stream. Two Georges and two Roys.Latin was compulsory from the Junior School Certificate (JSC) class. All that memorizations were intimidating, so I was relieved when the requirement was taken off when I reached the JSC class. But, Latin prevailed in the daily mass conducted at the chapel, and in the hymns sung there. I recited prayers and sang those hymns, without any idea of what was being said or sung.

Sports

Mention Maris Stella and sports during my time, and the name that springs to mind is Melvin Mallawaratchi. Tall and good looking, with a ready smile that lit up his face, Melvin was already legendary when I entered school. Our age gap was more than 10 years, so I had no opportunity to know him personally. All I knew was that, whenever he batted, he lit up the cricket field. I, along with other schoolmates, simply hero worshipped him.

Home games were thronged with enthusiastic spectators. When Melvin came to bat and took his stance, a collective hush fell on the ground.  Soon, we were cheering wildly as the ball sailed over our heads, over trees, onto the main road, or sped along to the boundary in a flash. In his stride, Melvin was unstoppable.

In one game against St. Anthony’s College, Wattala, I watched as he scored a blistering 96 in the second innings, having scored an unbeaten century in the first.  In 1957, playing Ibbagamuwa Central, Melvin had scored 96 in only 20 minutes, which included two sixers and 18 fours.

Melvin’s flamboyance did not stop at cricket. He was also a champion sprinter. Maris Stella’s rival school in Negombo, St. Mary’s, had a champion sprinter named Mello. At every meet where they met, he dueled it out with Melvin in the 100-yards sprint, running neck to neck. We stood near the finish line to see Melvin triumph every time.

Eddie and Rukmani

By 1958, we had moved to a house across the road from Maris Stella; 120 Colombo Road, if memory serves. Now, I only had a 5-minute walk to school. It also meant that we went to Sunday service at the Maris Stella college chapel.

Eddie Jayamanne and Rukmani Devi, husband and wife, were at the peak of their popularity. She was the reigning queen of Sinhala cinema, and the nightingale of Sinhala music. Eddie was less flamboyant, somewhat short, with curly hair and spectacles.  He was a comedian. Even to a mere schoolboy, Rukmani’s luminous beauty and grace was overwhelming.

So, on Sunday morning, a two-toned Buick convertible would drive up regally, passing those majestic mara trees, Eddie at the wheel, and the couple would walk up to the chapel. They did not put on airs, and behaved just like the rest of us, sitting on the benches, singing hymns, and walking up to the altar and kneeling to receive communion. After the service, they mingled and chatted. And nobody asked for autographs!

I think Eddie and Rukmani were fond of Maris Stella. They attended fund raising events, like the Maris Mela carnival and a football match, which I recall vividly. Their nephew, Gamini Jayamanne, was my classmate.

Scouting, and a school take-over

Cousin George Wambeck and I were Cub Scouts, Wolf Cubs as they were called those days. The chip-a-job weeks were the best, because we got to roam all over Negombo and beyond, with no adult supervision. Most people treated us kindly, giving 50 cents or even a generous rupee for the odd “job” we did, and also a snack and a soft drink into the bargain.

One day, cousin George and I, along with another friend, visited a relative’s house in search of a “job”. He had been drinking, and was stretched out on a hansiputuwa when we dropped-in. Thinking of having some fun with us, he assumed the role of a drill sergeant, lined us up, and put us through military “maneuvers”: attention, right turn, quick march, left turn, halt. Scouting doesn’t teach marching, and we were mere 8-year olds anyway. Our female cousins were watching from behind curtains, and we could hear the giggles. But, the man did reward us well, and also insisted that we have a meal before letting us go.On another day, we walked down Temple Road to Jaya-Ruk, the residence of Eddie and Rukmani. But they weren’t home.

Perhaps the most memorable event was planned take-over of schools by the government, in 1960. The Catholic church was opposed to the move. The conflict escalated, and, as a final resort, parents of students occupied some classrooms, bringing mats and pots and pans. They cooked, ate, and slept there. They came to “defend” the school, but from whom wasn’t certain. From a new principal appointed by the government, from the police, the army?

Classes were suspended, and we enjoyed loitering around the school, waiting for the confrontation to take place. Eventually, the matter was resolved, but, in Negombo, only Maris Stella and Ave Maria Convent remain as private fee-levying schools.

When my father moved to Nattandiya for work, my brother and I travelled to school from there, by steam train. We wore khaki pith hats and carried our books and lunch in little, cardboard suitcases. Every day was an adventure. Later, when father moved to Madampe, we were boarded at Maris Stella.

What I recall most from the boarding is the constant hunger. We didn’t have much pocket money, so gouging at the tuck shop was not an option. On Sundays, a long line of boarders was taken for a walk, most often to the beach. Going through town, the aroma from the thosai boutiques was irresistible. Despite Bro. Raphael, an Italian, keeping a sharp eye, boys would take turns to dart into the boutiques and buying up the vadais. Our pockets would be stuffed and we salivated at the feast to come.

In 1962, my last year at Maris Stella, my brother and I were boarded at a home on Temple Road. Bertram Fernando, a pioneer comedian of Sinhala cinema, also lived there. Every Sunday, a game of bridge went on for hours on the verandah around a round table. A regular attendee was Eddie Jayamanne, who drove up in his Buick convertible.

All our teachers named earlier have long departed. One by one, former classmates are also passing away. When I drive by Maris Stella now, the memories come flooding back. For some, the past is a foreign country. Not for me. Even after 60 years, the school anthem that we sang so robustly is fresh in my mind.

“All ye lads of Maris Stella proudly sing

May your voices boldly ring

Face life’s trials bravely

Act upon your motto gravely

Iter para tutum”

GEORGE BRAINE

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China’s Covid Trap

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by Gwynne Dyer

“Our COVID-19 policy is the most scientifically effective, the most economical, and yields the best result,” insisted the ‘People’s Daily’ newspaper in China after mass public protests against the government’s ‘zero covid’ policy last weekend. If President Xi Jinping believes that, he is in for a lot more trouble.

The protests were unprecedented in their scale and daring. They broke out spontaneously in twelve cities all across China after ten lockdown-related deaths in the remote province of Xinjiang. All sorts of people took part, from students to workers to pensioners. A few even called for the dethroning of Xi and the Communist Party.

That doesn’t mean the regime is on the brink of collapse. Public anger at the endless lockdowns and resulting loss of income is strong, but the regime’s surveillance technology is excellent. There was relatively little official violence last weekend, but many of the protesters will have an unpleasant visit by the police in the coming days.

Xi’s problem is that the protests will probably recur and may well escalate, because over-long mass quarantines and lockdowns are a non-political issue that can unite almost everybody against the government’s policy. Or rather, against Xi’s personal policy, for he has deliberately chosen to portray zero-covid as the greatest achievement of his time in office.

That made sense in the first year of the pandemic, for China’s relentless lockdowns and mass testing campaigns saved a great many lives then. Total covid-related deaths in China have been around 5,000 out of a population of 1.4 billion. The United States, with less than a quarter of China’s population, had more than a million covid deaths.

Xi and his propagandists naturally used this contrast as evidence that both Chinese medicine and the Chinese political system were superior to their Western equivalents. Was he even aware that the zero-covid policy could only be a stopgap measure until effective vaccines were developed, never a lasting solution?

His scientists must have tried to tell him that, but, somehow, he didn’t take the message on board. There was a vaccination programe, but not a very rigorous one – and Xi kept chasing the fantasy of completely eliminating the covid virus. He is caught in a trap, but he built it himself.

“Lockdowns should always be a temporary phenomenon, not a long-term strategy,” explained Dr Anthony Fauci, now President Joe Biden’s chief medical adviser. Continuing them for almost three years “without any seeming purpose or endgame” is sheer folly. Moreover, Xi seemed unaware that the covid virus was growing more infectious with time.

The latest versions of the omicron variant, which first appeared a year ago, are estimated to be up to ten times more infectious than the original virus that appeared in Wuhan in late 2020.

Those versions haven’t reached China yet, due to drastic curbs on travel into and out of the country, but the Chinese population is so poorly protected that the only alternatives if they arrive would be semi-permanent nationwide lockdowns or nationwide carnage.

Chinese-made vaccines are only 70% effective against earlier variants of the virus, and may be wholly ineffective against the later omicron versions. The elderly are particularly vulnerable: only 40% of the over-80s have had even a single booster shot.

An article published in Nature Medicine last March estimated that ending the covid-zero lockdowns and quarantines in current circumstances could overwhelm hospitals, with 15 times more people needing hospital beds than those currently available. It predicted around 1.5 million deaths.

That would still be a far better outcome than the US record, but arriving all at once so late in the game, when the rest of the world is long past lockdowns and mass deaths, it could spell political disaster for Xi Jinping. Perhaps even for the Communist regime.There is a way out. First, Xi has to eat humble pie and import several billion doses of the highly effective mRNA vaccines. Let’s say six months for that.

Then he has to control the rising infections with the hated lockdowns and quarantines as best he can, containing popular anger as much as possible, until a high enough portion of the population is properly vaccinated – say another six to twelve months.

Then, sometime in 2024, he can relax the restrictions and let the Chinese rejoin the rest of the world. That strategy worked for the Australians and New Zealanders, who ended similar mass lockdowns as soon as most people got their (imported) mRNA vaccines.If Xi can’t bear the humiliation of doing that, he could gamble that an effective Chinese-made mRNA vaccine will become available soon. Several are under development, and one is allegedly about to enter Phase 3 clinical trials.But if he bets on that and it’s not ready soon, his newly acquired status of de facto president-for-life will become a nightmare. Covid infections are rising fast.

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