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Midweek Review

Parliament goes ahead with traditional tea party,regardless of corona threat !

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Nov 17, 2020: MPs were invited for tea, halfway during the presentation of the budget.(pic courtesy Parliament)

By Shamindra Ferdinando

Parliament on Monday (16) afternoon announced that following the budget speech on Nov 17th, the traditional tea party, hosted by the Minister of Finance, would be held this year, too, though being limited to Members of Parliament, Ministers, Ambassadors, High Commissioners and invitees.

The statement issued by the Department of Communication, Parliament, didn’t explain how the House intended to hold a tea party, in terms of health guidelines in place, due to the rampaging coronavirus. The statement refrained from explaining how those who had been invited were to maintain the required distance, among guests, as well as follow the strict laws, pertaining to wearing facemasks.

Parliament also announced that only Ambassadors/High Commissioners, and officials, authorised by the Ministry of Finance, were invited, and seats reserved in the Speaker’s Gallery, during the budget presentation, subject to health and safety regulations. The Public Gallery and the Media Gallery ,will remain closed, Shan Wijetunga, Director, Department of Communication, stated in a media communique.

The decision to go ahead with the party is surprising, in the wake of the growing threat posed by the highly contagious coronavirus. Recently, Parliament closed doors to scribes, after several journalists, who covered its proceedings during the fourth week of October, tested corona positive. During the same week, Parliament overturned its own decision to deprive All Ceylon Muslim Congress (SLMC) leader Rishad Bathiudeen of an opportunity to attend the proceedings. The original decision was taken on the basis that lawmaker shouldn’t be allowed to participate in the proceedings, as all those in custody were subjected to quarantine laws.

With the national economy in tatters, as a result of debilitating losses caused by the country being deprived of major revenue sources, due to the worldwide pandemic, lawmakers shouldn’t have been in the mood to join the party. The unprecedented Corona attack disrupted major revenue sources, namely tourism, garment trade and foreign remittances, while also hitting relatively smaller business enterprises. The losses suffered by the national economy and the projected losses are likely to be much bigger than the losses experienced during the conflict.

Having watched former JVP lawmaker and Chairman of the COPE (Committee on Public Enterprises) Sunil Handunnetti, on Sirasa ‘Pathikada,’ on Monday morning, the announcement of the tea party, later in the day, seemed ridiculous. Responding to host Asoka Dias, Handunnetti lucidly explained the rapidly deteriorating financial situation, due to years of waste, corruption and irregularities, further worsened by the corona crisis. The JVPer painted an extremely bleak picture. Handunnetti pointed out how the incumbent government found itself in a deep financial crisis, with growing foreign and local debt threatening to overwhelm the country.

The JVP presence in Parliament has now been reduced to just three members, including one National List nominee (Prof. Harini Amarasuriya). In the previous Parliament, the JVP group comprised six with two National List members (Sunil Handunnetti and Bimal Ratnayake). Handunetti’s presentation was quite disturbing and underscored the urgent need for reforms to stop the rot.

The JVPer warned there were no short term solutions for the rapidly deteriorating situation. “The government cannot overcome depleted foreign reserves by printing money. Perhaps, printing money may seem a short-term answer, though the economic woes cannot be overcome by such measures,” he said

Parliament, as an institution, must review its duties and responsibilities. The country wouldn’t have been in the current financial mess if Parliament had fulfilled its obligations, in the past, under successive regimes. The bottom line is that the House has failed in its primary responsibilities with regard to ensuring financial transparency/stability and enactment of new laws.

 

Two key watchdog committees

constituted

Parliament will have to take tangible measures to drastically curb waste, corruption and irregularities, or face the consequences. Corona has dealt a massive blow to the national economy, already ruined by an utterly corrupt political party system. Parliament turned a blind eye to those hell-bent on cashing in, even at the expense of economic stability. There cannot be a better example than the Treasury bond scams, perpetrated in Feb 2015 and March 2016. The then President Maithripala Sirisena, having catapulted into power by an array of forces, led by the UNP, and, obviously, directed by foreign hands, used executive powers to save his benefactor, the UNP. Sirisena dissolved Parliament on the night of June 26, 2015 to deprive the then COPE Chairman, the intrepid Dew Gunasekera, an opportunity to present the report on the first bond scam to Parliament.

The then UNP-led government prevented police investigation into theTreasury bond scams. The President, in spite of growing differences with Premier Ranil Wickremesinghe, delayed the appointment of the Presidential Commission to probe it, till January 2017. Parliament received the report in late Dec 2017. Whatever the disputes between the government and the Opposition, the system ensures at least a debate on the report, but that, too, was sabotaged from within and was never held. Over a year after the last presidential election, and the incumbent government’s first budget, Parliament is yet to discuss the bond report. Can there be a system as corrupt as ours in any part of the world! Financial discipline seems the last thing in the minds of our people’s representatives as the situation now seems to be spiralling out of control.

Ironically, the Western champions of democracy, including certain warped UN bodies, who are ever ready to hound this country on apparent trumped-up war crimes charges, are quite conspicuous by their total silence over the sins of their darling, the UNP, when it comes to highway robberies it staged here, like the bond scams, its numerous incompetency, including the handling of the country’s security.

The COPE, the PAC (Public Accounts Committee), as well as the Finance Commission, under the leadership of newcomer National List MP Dr. Charitha Herath, Prof. Tissa Vitharana (86-year-old LSSP General Secretary) and Anura Priyadarshana Yapa, respectively, bear a very heavy responsibility for ensuring financial stability. The economy is in dire straits. The country is facing such overwhelming challenges, in the wake of the corona-devastated economy, the two watchdog committees and the Finance Commission will have to stand firm or accept responsibility for economic ruination.

The Samagi Jana Balavegaya (SJB) lawmaker Dr. Harsha de Silva offered to accept the daunting challenge of heading both watchdog committees. The government simply ignored the former UNP Deputy Minister’s offer, though he served as UNP leader Ranil Wickremesinghe’s deputy in the yahapalana administration.

The SLPP has now taken the responsibility for maintaining financial discipline among its ministers. Would it be beyond the strength and capacity of COPE and PAC to ensure transparency in financial matters? The Finance Commission primarily deals with the allocation of funds among the Provincial Councils, established in terms of the 13th Amendment to the Constitution, forced on Sri Lanka by New Delhi.

Dr. Herath faces an extraordinary challenge in leading COPE. Whatever political parties said, both COPE and PAC pathetically failed to improve financial discipline, though some of their revelations shocked the public. In spite of periodic revelations, those in power pursued their corrupt strategies, regardless of the consequences. None of those exposed by COPE had ever faced disciplinary inquiries, at party level, whereas those found guilty of corrupt transactions by courts were subsequently rewarded.

As part of the overall efforts to face the economic fallout, resulting from the unprecedented pandemic in our living memory, the government will have to take tangible measures to curb waste, corruption and irregularities. The economy is in such a bad shape, that lawmakers and the top administration cannot afford to continue corrupt practices, or receive further benefits for themselves, like for example brand new luxury vehicles, while the rest of us curse and suffer in silence.

 

A peacetime UN missive

Prime Minister Mahinda Rajapaksa’s Office last Thursday (12) received a missive from Ms. Hanaa Singer, the UN Resident Coordinator here. Singer intervened, on behalf of those demanding that burial of Muslim corona victims should be resumed or face the consequences. Ms Singer concluded her letter by offering UN assistance in this regard, if Sri Lanka required such support. The UN official cunningly copied the letter to Health Minister Pavitra Wanniarachchi, Foreign Minister Dinesh Gunawardena and Justice Minister Ali Sabry, PC. Naturally it became a cause celebre in newspapers and electronic media.

Why on earth does the GoSL need UN assistance to speak to the Muslim community? Let me reproduce Ms Singar’s missive to the Premier: “Allow me to reiterate the solidarity of the United Nations with the people of Sri Lanka in these challenging times marked by the COVID-19 emergency.

“Please be assured that the United Nations and its specialized agencies, funds and programmes, will continue providing support on the management of the epidemic.

“Across the world, the safe and dignified handling of those patients whose life has been tragically claimed by this virus has been an important part of the COVID-19 response.

“I am following with encouragement recent media reports that the current prohibition of burials of COVID-19 victims in Sri Lanka could be revisited shortly. In this context, I wish to take the opportunity to reiterate the concerns of the United Nations with the existing Ministry of Health guidelines, which stipulate cremation as the only method for the disposal of bodies suspected of COVID-19 infection.

“The World Health Organization, in its 24 March 2020 and subsequent updated interim guidance on 4 September 2020 on the ‘Infection prevention and control for the safe management of a dead body in the context of COVID-19’, notes that based on current knowledge of the symptoms of COVID-19 and its main modes of transmission (droplet/contact), the likelihood of transmission when handling human remains is low. The common assumption that people who died of a communicable disease should be cremated to prevent spread is not supported by evidence. Instead, cremation is a matter of cultural choice and available resources. According to World Health Organization guidance, people who have died from COVID-19 can therefore be buried or cremated according to local standards and family preferences, with appropriate protocols for handling the body.

“In the same context, I deem it important to inform you that I have received impassioned appeals from within and outside the Muslim community that perceive the current policy on burials as discriminatory.

“Against this background, I fear that not allowing burials is having a negative effect on social cohesion and, more importantly, could also adversely impact the measures for containing the spread of the virus as it may discourage people to access medical care when they have symptoms or history of contact.

I recognize that during epidemics, for reasons of public health, Governments often need to take difficult and at times unpopular measures. However, in this case, the negative consequences of not allowing burials seem to outweigh any potential epidemiological benefit. Considering the evidence-based guidance of the World Health Organization, as well as the commitments of the Government of Sri Lanka to respect and uphold the rights of all communities, I therefore express my hope that the existing policy be revised so as to allow the safe and dignified burial of COVID-19 victims.

“The United Nations avails itself of this opportunity to renew its highest consideration to the Government of the Democratic Socialist Republic of Sri Lanka and stands ready to provide any relevant support on this matter.”

 

UNP in a bind

Four months after the last general election, the UNP and the Ape Jana Bala Pakshaya (AJBP) are yet to name their National List candidates. The UNP and the AJBP won a NL slot each at the August general election. The UNP had 106 lawmakers elected and appointed through its NL in the previous parliament, whereas AJBP has never had any representation in Local Government, Provincial Councils or Parliament before securing one NL seat last August.

In the 225-member Parliament, two vacancies remained when Premier Mahinda Rajapaksa, in his capacity as the Finance Minister, presented the 2021 budget.

The AJBP suffered irreparable damage due to a simmering dispute between former lawmaker Ven Atureliye Rathana and Bodu Bala Sena General Secretary Ven Galagodaatte Gnanasara over the NL slot.

Ven Rathana sought the NL slot after making an abortive bid to get elected from Gampaha, whereas their Kuurnegala District nomination list containing Ven Gnanasara and others was rejected by the Returning Officer on technical grounds.

The court dismissed the AJBP’s appeal against the rejection of its lists in several districts, including Kurunegala. The contentious issue of who fills the NL slot is now before the court of law.

In terms of the Parliamentary Election Act and the Constitution, a political party, if so desired, can refrain from naming its NL members. When the writer raised this issue with the then Chairman of the Election Commission (EC) Mahinda Deshapriya explained that the concerned political parties could retain the vacancies. “EC has no power over NL appointments,” Deshapriya said, recalling how the USA (United Socialist Alliance) delayed filling its vacancy in Parliament, following the 1989 general election. The vacancy was filled in 1991 when Raja Collure took oaths as a Member of Parliament. The USA consisted of the Communist Party of Sri Lanka, the Lanka Sama Samaja Party, the Nava Sama Samaja Party and the Sri Lanka Mahajana Pakshaya. The USA, in addition to one NL slot, won two seats.

Today, the vast majority does not remember how the UNP, by way of an infamous referendum, conducted in 1982, put off the general election, scheduled for 1983, to 1989. In other words, after the 1977 general election, that gave JRJ a 5/6 majority, there hadn’t been a general election, till Feb 15, 1989. At the violence-marred ‘89 poll, the UNP secured 125 seats, whereas the SLFP managed 67.

In terms of the system now in place, the appointment of NL members is the prerogative of the General Secretary of a particular party. UNP General Secretary Akila Viraj Kariyawasam will not move until party leader Wickremesinghe directs him. Contrary to expectations, Wickremesinghe refrained from making his decision before the vote on the 20th Amendment to the Constitution on August 22. The UNP is likely to keep its NL slot vacant during the budget debate, too.

There had never been a previous budget debate without the participation of the UNP. The failure to reach consensus on the NL slot has further weakened the party, with the SJB consolidating its position. With corona on the rampage, the SLPP, too, is likely to suffer, both in short and long term, in the absence of a cohesive strategy to meet the daunting economic challenges.

The SLPP winning a 2/3 approval for the 20th Amendment seems to be irrelevant as the epidemic continued to cause debilitating damage to the national economy. The government’s failure to properly ascertain/investigate the eruption of the second corona outbreak raised concerns among the public. The Attorney General seems to be on a collision course with the police, with the latter apparently adopting delaying tactics, an accusation, however, denied by the police. In the meantime,  the origins of the second eruption remains a mystery, over six weeks after the detection of the first case in  the second wave. The police cannot ignore the fact that the AG, issuing instructions as regards an inquiry, specifically referred to negligence on the part of the Brandix as well as government officials. Contrary to specific instructions received by the police, the police are yet to furnish a progress report on the corona eruption, as requested by the AG.

In the wake of the August defeat, the UNP appeared to have lost its prominent place in national politics. The UNP is unlikely to participate in the budget debate and, therefore, its NL slot is likely to remain vacant this year.

In spite of having an unbeatable near 2/3 majority, the SLPP, too, seems to be in some trouble, against the backdrop of the split over the 20th Amendment. Although the ruling coalition overcame differences and finally voted on Oct 22 for the 20th Amendment without division, political woes remain.

Minister Wimal Weerawansa complained to Premier Mahinda Rajapaksa, before the vote on 20 A, of an alleged attempt made by SLPP NL member Jayantha Ketagoda to convince some NFF members to vote for the new law even if their party decided not to. Political turmoil is set to continue as finances deteriorate.



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Midweek Review

leaves out Gash dispatches, Swiss embassy abduction drama and India’s accountability

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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.

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Midweek Review

Convincing storytelling with engaging dialogue and three-dimensional characters

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‘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.

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Midweek Review

‘Human Rights’ And Ecological Crisis In Sri Lanka

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‘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.

Historical Background

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.

Current Realities

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

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.

 

Neo-Colonialism

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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