By Shamindra Ferdinando
A smiling Public Security Minister, Sarath Weerasekera, MP, (Colombo District), last Thursday (Dec 3), said he was happy to have his school cadet platoon Sergeant Sarath Fonseka, in Parliament as an ordinary MP. The Former Navy Chief of Staff said so in response to Samagi Jana Balavegaya (SJB) lawmaker Fonseka’s reference to Weerasekera being a Corporal in the Ananda College cadet platoon, at the time he served as the Sergeant.
Recently, Viyathmaga member Weerasekera received appointment as the Public Security Minister (formerly Law and Order Minister). Following the parliamentary election in August, Weerasekera received appointment as the State Minister of Provincial Councils and Local Government. Many an eyebrow was raised when one of the strongest critics of the Provincial Council system was named the Minister in charge. Weerasekera gave up the Provincial Council and Local Government Ministry to accept the far more influential Public Security portfolio.
War-winning Army Chief Field Marshal Fonseka and Rear Admiral Weerasekera also exchanged words over the latter’s son, ASP Sachitra Weerasekera, in uniform, saluting the father and then embracing him.
The exchange between Fonseka and Weerasekera highlighted continuing tensions among some sections of the retired top brass, divided on political lines. Both entered Parliament at the 2010 April parliamentary election, the first since the successful conclusion of the war against the LTTE.
Lawmaker Fonseka reiterated accusations directed at Minister Weerasekera in parliament on Monday (7) in the latter’s absence. Weerasekera told the writer that there was absolutely no basis for Fonseka’s assertions and the claim that he received the post of DG, Civil Defence Force with the then Army Commander’s intervention.
Fonseka contested under the Democratic National Alliance (DNA) symbol, having lost badly to Mahinda Rajapaksa, at the 2010 January presidential election, whereas Weerasekera entered Parliament from the Digamadulla district. At the time, the UNP-led political alliance consisting of the TNA, the JVP and the SLMC fielded Fonseka as the common candidate although the Sinha Regiment veteran hadn’t even been registered as a voter anywhere in Sri Lanka at the time.
Along with Fonseka, the JVP-led DNA won seven seats, including two National List slots at the 2010 general election. The DNA group comprised Fonseka (now with Sajith Premadasa’s SJB), Arjuna Ranatunga (still in beleaguered UNP leader Ranil Wickremesinghe’s camp), Tiran Alles (National List member of the SLPP) and four JVPers. (Today the JVP group consists of three lawmakers – a 50 per cent drop from the previous 2015-2019 Parliament).
Political maneuvering deprived Fonseka of his seat in early Oct 2010. Jayantha Ketagoda, who replaced Fonseka in Parliament, finally ended up in the SLPP National List last August. Politics here is certainly a game of opportunity lacking in any principles.
At the August 2015 general election, Fonseka contested on the Democratic Party ticket. Fonseka led the party, while Ketagoda functioned as his deputy. The DP failed to secure a single seat. In the following year, thanks to UNP leader Wickremesinghe, Fonseka was accommodated on the UNP National List, in the wake of M.K.D.S. Gunawardena’s sudden death.
Before discussing the circumstances leading to the creation of the Public Security Ministry, and elevation of Weerasekera to cabinet rank, it would be pertinent to mention how the naval veteran created history by being the only lawmaker to vote against the 19th Amendment to the Constitution, enacted by yahapalana strategists in early 2015. Weerasekera, in spite of being repeatedly urged to vote for the much-touted piece of legislation, voted against it, whereas almost the entire UPFA grouping, including the Joint Opposition, backed the 19th Amendment.
Weerasekera received public admiration for always taking a tough stand against terrorism, regardless of consequences. Weerasekera risked his naval career during President Chandrika Bandaranaike Kumaratunga’s tenure. Weerasekera earned the wrath of the government for resisting LTTE strategies. The then Maj. Gen. Fonseka, too, strongly opposed the LTTE strategy, though the government relentlessly pushed the military to give in. The nation should be eternally grateful to Fonseka for his unwavering stance, in his capacity as Security Forces Commander, Jaffna, to dismantle High Security Zones, in the peninsula. The TNA hated Fonseka so much so that the grouping demanded Fonseka’s removal from the vital Jaffna command, during the 2002-2003 period. Ironically, the TNA and Fonseka, in his capacity as the UNP- backed presidential candidate, reached a marriage of convenience just to oust Rajapaksas in 2010. Again proving that politics is nothing but a game for opportunists in this country, whatever the long term consequences could be.
The unholy alliance that failed to win the 2010 presidential election, succeeded five years later when Maithripala Sirisena defeated Mahinda Rajapaksa, who sought a third presidential term at the expense of political stability. The same alliance, sans the JVP, failed at the 2019 presidential election, to pave the way for wholly new political groups, the SLPP and the SJB to emerge as the main parties. The UNP and the SLFP are irrelevant in today’s context.
Having each served the armed forces, for well over three decades, Fonseka and Weerasekera, now represent the main Opposition (SJB with 54 seats) and the government (145 seats), respectively.
Weerasekera faces a daunting task
There is no point in denying politicization of the police. Successive governments brazenly exploited and abused police, while in return some in the police made hay by often milking the underworld and also getting promotions and perks. The previous yahapalana administration ruined the law enforcement apparatus to such an extent that the police, in spite of having specific foreign intelligence, as regards impending National Thowheed Jamaat (NTJ) strike, allowed the operation to go ahead. At that time of Sri Lanka’s worst security failure, a retired DIG functioned as the Chief of National Intelligence (CNI), a post previously held by veteran intelligence leaders like, then Maj. Gen. Kapila Hendawitharana, one-time head of the Directorate of Military Intelligence (DMI).
Weerasekera will have to grapple with an extremely dicey situation with two key units – the Criminal Investigation Department (CID) and the Police Narcotic Bureau (PNB) under investigation over serious offenses. In both cases, police headquarters had no option but to hastily remove the DIGs, as well as Directors in charge of the CID and the PNB, pending investigations. Police headquarters is yet to reveal its findings. The PNB is under investigation for dealing in heroin, whereas the CID is under fire for releasing Riyaj Bathiudeen, SJB lawmaker Rishad Bathiudeen’s brother under mysterious circumstances after having been taken into custody under the Prevention of Terrorism Act (PTA).
Previous CID head Shani Abeysekera is now in remand for framing a DIG. He has many other cases in the pipeline against him like fixing cases involving other victims, some of which are on tape him discussing them with actor turned politician Ranjan Ramanayake.
In both the PNB and Riyaj cases, no less a person than intrepid Attorney General Dappula de Livera, PC intervened. The AG demanded special investigation into the CID’s handling of Riyaj Bathiudeen’s case. The President’s Counsel certainly didn’t mince his words when he questioned the deliberate failure on the part of the police to conduct the inquiry and the deliberate denial of the required expertise to bring it to a successful conclusion.
The AG rapped the police in two other cases, namely the Negombo Prison officer’s misconduct and the inordinate delay in the Brandix investigation. In the wake of the Negombo Prison officer’s case, involving the disgraced superintendent of prison Anuruddha Sampayo, the AG called a media briefing, the first time by any AG in over 100 years to take a public stand. On behalf of the AG, Deputy Solicitor General Dileepa Peiris went to the extent of suggesting the deployment of the military to execute arrest warrants if the police found the task too difficult. In the high profile Brandix case, the AG directed an investigation into what his Coordinating Officer State Counsel Nishara Jayaratne called negligence on the part of Brandix, and government officials, in the deadly coronavirus second eruption.
Restoring confidence in law enforcement will certainly be a tough task for the new Minister. The public expected the new administration to take remedial measures. However, the damaging of a section of King Bhuvanekabahu II’s royal pavilion, while demolishing an appendage constructed in more recent times in Kurunegala, in July, on the orders of Kurunegala Mayor Thushara Sanjeewa, bulldozing of a section of the Anavilundawa Ramsar wetland, for shrimp farming, by former Arachchikattuwa Pradeshiya Sabha Chairman Jagath Samantha, brother of State Minister Sanath Nishantha, in September, caused quite a shock.
In the wake of the recent acquittal of former Presidential Secretary Lalith Weeratunga, and the then Director General of the Telecommunication Regulatory Commission Anusha Palpita by the Court of Appeal, in the high profile sil redi case, the focus is now on the police and the Office of the AG. Perhaps there should be a judicial review of the whole process, as successive governments and Oppositions, and vice versa, repeatedly accuse each other of politicizing the judiciary and the police. The nine-member Committee, headed by Romesh de Silva, PC, tasked with formulating a new Constitution, should explore ways and means of having an independent review mechanism.
The Public Security Ministry will have to be mindful of the overall developments, including political environment. Many an eyebrow was raised when Sivenesathurai Chandrakanthan aka Pilleyan, formerly a member of the LTTE fighting cadre, now a lawmaker, who had been arrested in Oct 2015 over his alleged involvement in the assassination of TNA MP Joseph Pararajasingham, in Batticaloa, 10 years before was granted bail after being in remand for about five years over a confession that is not admissible in a court. Chandrakanthan backed the SLPP presidential candidate, Gotabaya Rajapaksa, at the 2019 presidential election. Chandrakanthan also voted for the 20th Amendment to the Constitution. If those who had ordered Chandrakanthan arrested for political reasons, they owed an explanation.
The yahapalana Prime Minister appointed one-time Attorney General Tilak Marapana, PC, as the Law and Order Minister, in Sept 2015. Marapana was accommodated on the UNP National List. The CID arrested Chandrakanthan during Marapana’s short stint as the Law and Order Minister. Marapana resigned in the second week of Nov 2015 over the Avant Garde controversy as he did not see eye to eye with the yahapalana government on that issue like then Minister Wijeyadasa Rajapakse. His resignation paved the way for another Wickremesinghe favourite, Sagala Ratnayake, to assume the Law and Order portfolio. Ratnayake resigned close on the heels of the debilitating setback suffered by the UNP at the Feb 2018 Local Government polls.
Western backed civil society wanted Fonseka
A section of the UNP, as well as the powerful civil society grouping, faulted the Law and Order and Justice Minister Dr. Wijeyadasa Rajapakse, PC for the defeat. They alleged the UNP-led government experienced such a devastating defeat due to their failure to bring high profile cases against the Rajapaksa administration to a successful conclusion. Those who largely found fault with Sagala Ratnayake and Wijeyadasa Rajapakse demanded the appointment of Sarath Fonseka as the Law and Order Minister. President Sirisena, at the UNP’s behest, in mid-August 2017, replaced Wijeyadasa Rajapakse with Thalatha Atukorale. However, President Sirisena flatly refused to accommodate Fonseka as Law and Order Minister. The President’s stand was anyone but Fonseka, who had been harsh on the SLFP leader on many occasions.
The civil society, too, pushed President Sirisena hard to accommodate Fonseka. In the wake of the humiliating defeat suffered by the party, civil society leaders felt the yahapalana arrangement could collapse unless they made a special effort.
Close on the heels of the Feb 10, 2018 defeat, civil society representatives sought assurance from both President Sirisena and Premier Wickremesinghe that they wouldn’t quit the yahapalana alliance over debilitating polls setback. In a bid to pressure the SLFP and UNP leaders, co-conveners of Purawesi Balaya, Gamini Viyangoda, K.W. Janaranjana and Saman Ratnapriya briefed the media as regards their efforts at a hastily arranged media conference at the Centre for Society and Religion (CSR), Maradana on Feb 13, 2018. They acknowledged the possibility of an unceremonious end to the yahapalana arrangement, unless the simmering dispute between the two leaders could be settled. The delegation that made representations to the President and the Premier on Feb 12, 2010, consisted of Ven. Dambara Amila, ‘Annidda’ editor K.W. Janaranjana, Gamini Viyangoda and Saman Ratnapriya. Purawesi Balaya attributed the polls defeat primarily to the yahapalana leaders’ failure to introduce a new Constitution and their failure to punish those responsible for killings and corruption. The writer covered the Purawesi Balaya briefing (Last ditch attempt to prevent collapse of govt – The Island, Feb 14, 2020).
called a second media briefing on the same matter, on Feb 15, 2020, at the same venue, to demand an immediate solution to the failure on the government’s part to investigate killings and corruption. Amila thera demanded the immediate appointment of Fonseka as the Law and Order Minister. Flanked by Executive Director of the Centre for Policy Alternatives (CPA) Dr. Pakiasothy Saravanamuttu, Nimalka Fernando, Chameera Perera and Saman Ratnapriya, the yahapalana proponent urged the government to allow the police, under Fonseka, to operate outside what he called democratic norms. Ven. Amila demanded that the police operate beyond normal laws of the land. The openly hardcore right wing monk emphasized that the FCID (Financial Crimes Investigation Division), the CID and other law enforcement arms be placed under Fonseka and the military put on alert. Purawesi Balaya wanted Fonseka given six months to execute the operation. Reiterating their role in Sirisena winning the presidency, the grouping insisted that the yahapalana leaders couldn’t, under any circumstances, abandon the agreed agenda (Prez, PM urged to appoint SF Law & Order Minister – The Island, February 16, 2020).
Rear Admiral Weerasekera wouldn’t have envisaged him receiving the Public Security portfolio as he threw his weight behind the high profile Viyathmaga campaign meant to promote wartime Defence Secretary Gotabaya Rajapaksa as the SLPP candidate. It would be pertinent to mention that at the time the Viyathmaga campaign got underway, the breakaway UPFA faction hadn’t registered a political outfit of its own.
Sand mining Mafia challenges police
Restoring public confidence in the police would be a herculean task. The police would have to seriously think beyond neutralizing the underworld. Bringing the underworld to its knees is certainly a necessity that needs urgent action. The powerful sand mining Mafia recently killed a 32-year-old policeman, attached to the Bingiriya police station. Although the police quickly arrested the 27-year-old driver of the tipper truck, that ran over the policeman, who signaled him to stop, police headquarters should ensure a proper investigation. Police spokesman Attorney-At-Law DIG Ajith Rohana is on record as having said that the police were deployed to thwart illegal mining at Deduru Oya, on a specific Supreme Court directive. Minister Weerasekera should, without further delay, examine the deteriorating ground situation. High profile case involving former Director of CID SSP Shani Abeysekera, now in remand, custody, fugitive Inspector Nishantha Silva, securing political asylum, in Switzerland, and the arrest of an officer over accusations that he helped the wife of Easter Sunday bomber Hasthun, underscored the need for special attention.
Minister Johnston Fernando, last Saturday (Dec 5) questioned the UNP/SJB, in Parliament over the late Makandure Madush fleeing the country, several years ago. Fernando, onetime UNP heavyweight, who switched his allegiance at the onset of Mahinda Rajapaksa’s first presidential term, alleged a former UNP minister brought the notorious underworld leader on the Southern highway to the Bandaranaike International Airport. Fernando should have named the former minister.
EPDP leader Douglas Devananda recently made a shocking claim in Parliament. One-time militant Devananda, who himself received weapons training, in India, alleged, in Parliament, that a lawmaker, from the Jaffna peninsula, currently serving Parliament, was involved in the abduction and killing of SSP Charles Wijewardena, in Jaffna, during the Ceasefire Agreement. The mainstream media, as well as the social media, conveniently refrained from providing sufficient coverage to the incident. A couple of weeks later, Devananda received appointment as the Prime Minister’s representative in the five-member Parliamentary Council, the successor to the former so called independent Constitutional Council, which in practice proved to be far from independent of the previous government. Minister Devananda’s statement hadn’t received the attention it deserved.
Wijewardena was kidnapped and killed in Jaffna, while he was travelling to Inuvil to investigate a shooting incident on August 4, 2005. The killing took place at Mallakam. Parliament also accommodated LTTE’s Eastern Commander, Karuna Amman, under whose command terrorists butchered over 400 unarmed surrendered policemen at the onset of the Eelam War II, in June 1990. Karuna served two terms as a lawmaker during Mahinda Rajapaksa’s tenure as the President. Karuna’s one-time junior associate LTTE cadre Pilleyan is now a Member of Parliament, whereas Karuna bid to enter Parliament, from Digamadulla, at the last general election, failed.
The JVP responsible for hundreds of deaths, if not thousands, too, is represented in Parliament – since 1994. The TNA that recognized the LTTE, in late 2001, as the sole representatives of the Tamil people, and then served them until the very end, is also represented in Parliament. The TNA includes three former terrorist groups, the TELO, PLOTE and EPRLF.
Sri Lanka’s politics is certainly an ‘explosive mix.’ Having failed to secure the presidency, Field Marshal Fonseka serves as a lawmaker. The war-winning Defence Secretary Gotabaya Rajapaksa is the seventh executive President. Retired Rear Admiral Weerasekera is the Public Security Minister, whereas the LTTE and other Tamil groups, as well as the JVP, responsible for two bloody insurrections, are part of the system.
How Sajith Premadasa promoted Fonseka as his future Defence Minister, during the failed 2019 presidential campaign, and lawmaker and retired Supreme Court Justice C.W. Wigneswaran, exploiting the LTTE cause, as well as Gajendrakumar Ponnambalam’s fiery speeches in Parliament, are grim reminders the country is yet to achieve stability ten years after the war. Public Security Minister Weerasekera’s recent warning in Parliament that Tamil political parties promoted terrorism underscores the need to address security issue, regardless of political consequences.
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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