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Midweek Review

Province-based Devolution in Sri Lanka: a Critique

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by G H Peiris

 

1. Preamble

This article is prompted by the recent announcement that the Cabinet will soon consider a proposal to conduct Provincial Council (PC) elections without delay. The article is intended to urge that the PC system should be abolished and replaced by constitutional devices to ensure: (a) genuine sharing of political power among all primordial, áscriptive and associational groups that constitute the nation of Sri Lanka; and (b) the statutory protection of Sri Lanka’s sovereignty and territorial integrity which the PC system, as long as it is permitted to last, will remain in dire peril. The article is also intended to stimulate the memory of those who appear to have forgotten the circumstances that culminated in the enactment of legislation in 1987 to establish PCs. There appears to prevail a measure of complacency among some of our present political stalwarts based on the notion that, with their two-thirds majority in Parliament, and with the 20th Amendment in place, they ought to let the status quo remain intact. This, I think, is quite silly. Apart from the fact that landslide electoral victories tend often to be brittle, those who were in the forefront of empowering the present regime are already reacting with dismay to the decision to re-establish the PCs.

 

2. Indo-Lanka Accord – the Indian Intervention

It is often forgotten that the government of India employed the most diabolical forms of diplomatic, military and economic coercion a powerful country could conceivably brought to bear upon a supposedly friendly nation with which it shares many cultural traits.

Omitting (for the sake of brevity) the vicissitudinous political career of Smt. Indira Gandhi during the 1970s, my elaboration of the foregoing observation begins with the commencement of her second spell of office as Prime Minister of India (January 1980 to October 1984) in the course of which she made no secret about her intense antipathy towards the JRJ-led government of Sri Lanka. This prompted certain emissaries of the ‘Tamil United Liberation Front’ (TULF) to suggest to her the desirability of launching an armed intervention in Sri Lanka of the type she had so successfully achieved at the “Liberation” of Bangladesh in 1971. That did not happen, probably because the JRJ regime had the backing of the West and the tragic end of her life in 1984. Regarding her malignant imprint on the constitutional affairs of Sri Lanka, however, it is worth citing the testimony of J. N. Dixit, Delhi’s High Commissioner in Colombo when (in his own words) he was “… involved in the most important and critical phase of Indo-Lanka relations; a period during which India’s mediatory efforts reached its peak culminating in the signing of the Indo-Lanka Agreement of 29 July 1987”. (Dixit, 1998: xvi):

“Once Mrs. Gandhi decided to be supportive of the cause of Sri Lankan Tamils on the basis of Indian interests and strategic considerations, the rest of the process which culminated in the Indo-Lanka Agreement and the induction of the IPKF was more or less inevitable”. (emphasis added)

Several reasons, partly conjectural, have been adduced for Smt. Gandhi’s hostility towards the government of Sri Lanka. For instance, She might have been resentful of Sri Lanka’s foreign policy leanings towards the ‘West’, and the reciprocal support which JRJ was attracting in abundance from some of the leading global powers for the mammoth development projects being implemented within the framework of ‘economic liberalisation’. Another explanation is that, with the worsening of relations between the Federal government and State governments of Punjab, Kashmir, Assam and West Bengal, Smt. Gandhi placed priority on consolidating her electoral support in Tamilnadu, which meant, among other things, greater concern on the demands of the Tamils in Sri Lanka. My own hunch is that it was a Shakespearian display of “Hell hath no fury as a woman scorned” towards JRJ, allegedly for an absurd insult he had hurled at her in the course of an ‘After Dinner’ speech as the Janatha government’s PM, Moraji Desai’s, guest of honour.

Be that as it may, Smt. Gandhi began to provide clandestine aid (financial, material and training in guerrilla offensives) to groups of Sri Lankan Tamil insurgents, even after it was made public knowledge through prestigious Indian journals. This is relevant background to an understanding of the disastrous anti-Tamil riot that occurred in Sri Lanka in July 1983.

The riot caused extensive damage to life and property, and a massive displacement of the Sri Lankan Tamil population in the Sinhalese-majority areas ̶ one which included a large outflow of refugees from the country. It disrupted the economy aand brought the ‘liberalisation’ boom to an abrupt end. It tarnished the image of Sri Lanka abroad, generated a global tide of sympathy towards the Tamils, and attracted international attention and concern towards Tamil grievances. It paved the way for the direct intervention of India (untrammelled by pressures from the ‘West’) in the internal affairs of Sri Lanka, culminating in the introduction in 1987 of a massive Indian Peace-Keeping Force (IPKF). It also represented a major turning point in the history of Tamil politics in Sri Lanka, with the militant groups and their strategy of armed confrontation and terrorism gaining ascendancy over the older Tamil political parties and their proclaimed commitments to peaceful agitation and protest. The militants became a power in their own right, abandoning their earlier role as the ‘boys’ of the Tamil leadership in the political mainstreams.

 

Indian Intervention after the Convulsions of ‘Black July’

Smt. Indira Gandhi’s offer to “mediate” in the Sri Lankan imbroglio (pre-empting other global powers from claiming that role) could not have been turned down by the beleaguered President Jayewardene.

The process of mediation commenced with the arrival of the Indian diplomat, Parthasarathi Rao. It took the form of coercing the Sri Lanka government to change its policy of decentralisation of ‘development administration’ to devolution of political power, and to change the spatial framework for such devolution from the District to the Province, along with an amalgamation of the Northern Province and the Eastern Province. His “mission” ended with the production of document referred to in subsequent negotiations as ‘Annexure C’ which he took back to Delhi. To what this document was annexed, and whether there were other “Annexures” are not known.

‘Annexure C’, and Sri Lanka government’s own proposals were presented to an ‘All Party Conference (APC) summoned by JRJ at which there was vehement opposition to certain sections of that Annexure. But the government extracted from the APC proceedings a draft Ordinance providing for (a) “a revitalised District Councils” system and (b) the establishment of a Second Chamber, and tabled the drafts for further dialogue with the TULF (the SLFP delegates having withdrawn from the APC). Up to about the end of the year, the TULF leadership maintained that the draft ordinance did form the basis of an acceptable settlement. But, thereafter, in a sudden volte-face, they rejected it outright.

Smt. Indira Gandhi was assassinated by Sikh militants on 31 October 1984. Her son, Rajiv was sworn in as PM later on the same day. Critics have maintained that this caused a change in Indo-Lanka relations in the sense that Rajiv tended to be less “imperial” than his late mother in his approach to conflict resolution both within and outside India.

Despite Rajiv’s affable demeanour, the policy transformation brought about by his succession was less tangible than what most observers would have us believe.

For instance:

(a) the Delhi government made available through the State government of Tamilnadu a grant of US$ 3.2 million to the LTTE leadership; (b) as Lalith Athulathmudali (Sri Lanka’s Minister of Security and Defence) had observed, a leaked RAW document indicated the continuing existence of training camps and bases for Sri Lankan Tamil separatist activists and; (c) despite repeated requests by JRJ, Delhi did not adopt coastal surveillance measures to curtail clandestine movement of people and commodities across Palk Strait.

Meanwhile the Tamil militants escalated their terrorist onslaught, the most horrendous event of which was the slaughter by LTTE operatives of 148 devotees (most of them elderly women) at the premises of the Sri Maha Bōdhi shrine in the sacred city of Anuradhapura, and another 16 civilians in the course of their retreat into the wilds of Wilpattu on May 14, 1985. There was media speculation that firearms used by the Tigers in this massacre were purchased by the LTTE with the aforesaid Indian grant.

Romesh Bhandari, Rajiv’s Foreign Secretary, initiated peace negotiations between the government and delegates of the secessionist groups at a forum staged in July/August 1985 in the capital of Bhutan, and thus labelled as the ‘Thimpu Talks’. It provided a forum to Tamil militants for worldwide propaganda for their ‘liberation’ demands that were set out as follows (lawyer N. Balendran acting as their spokesman):

“It is our considered view that any meaningful solution to the national question of the island must be based on the following four cardinal principles:

(1) Recognition of the Tamils of Sri Lanka as a distinct nationality,

(2) Recognition of an identified Tamil homeland and the guarantee of its territorial integrity,

(3) Based on the above, recognition of the inalienable right of self-determination of the Tamil nation,

(4) Recognition of the right to full citizenship and other fundamental democratic rights of all Tamils, who look upon the island as their home.”

The Sri Lanka delegation response, as presented by H. L. de Silva (recorded in Balendran’s monograph on the ‘Thimpu Talks’) was as follows:

“First, we observe that there is a wide range of meanings that can attach to the concepts and ideas embodied in the four principles, and our response to them would accordingly depend on the meaning and significance that is sought to be applied to them. Secondly, we must state quite emphatically that if the first three principles are to be taken at their face value and given their accepted legal meaning they are wholly unacceptable to the government. They must be rejected for the reason that they constitute a negation of the sovereignty and territorial integrity of Sri Lanka; they are detrimental to a united Sri Lanka and are inimical to the interests of the several communities, ethnic and religious in our country”.

The collapse of ‘Thimpu Talks’ prompted Bhandari, in barely concealed personal disgust at the arrogance and recalcitrance of Mr. Balendran and his entourage of secessionist militants, to summon a follow-up negotiations in Delhi at which he restricted Sri Lanka participation to delegates of the government and of the TULF. At the conclusion of that effort in August 1985 a document named the ‘Delhi Accord’, “initialled” by representatives of the two governments, was released to the media by India’s Foreign Office. It claimed that a measure of consensus was reached on ‘Province’ as the unit of devolution’ and on the powers to be devolved. The Delhi Accord was rejected by the LTTE. By the end of the year the TULF leadership had also rejected the ‘Delhi Accord’.

Thereafter there was a series of discussions between representatives of the two governments. A. P. Venkateswaran, appointed Foreign Secretary in January 1987, attempted unilaterally to make the ‘Delhi Accord’ more acceptable to the TULF by bringing the Accord offers close to a federal form of government.

Perhaps the greatest betrayal of the trust which the government of Sri Lanka had placed in the Rajiv regime was represented by Delhi’s reaction to the military campaign termed ‘Operation Liberation’ launched by the government on 26 May 1987 in the face of which the Tiger cadres, abandoned their Thalaivar’s bravado, and fled in disarray. An SOS appeal conveyed by the LTTE leadership to Tamilnadu resulted in a flotilla of fishing vessels sailing out in the guise of a “spontaneous” civilian response but, in fact, with the backing of the central and state governments. That maritime invasion was foiled by the Sri Lanka Nsavy. Thereupon, in a blatant violation of international law and Sri Lanka’s air space, a convoy of Mirage-2000 combat planes dropped 20 tons of food and medical supplies on Jaffna, ostensibly as a ‘mercy mission’, but in reality, a demonstration of what Delhi could do unless Sri Lanka obeys. At the commencement of ‘Operation Liberation’, Dixit informed Lalith Athulathmudali that India would not stand idly by if the Sri Lanka Army attempts to capture Jaffna (K. M. de Silva, 1994: 631).

The JRJ-Rajiv dialogue at the ‘SAARC Summit’ conducted at Bangalore in early 1987; discussions between Indian VIPs like Dinesh Singh and P. Chidambaran and Sri Lanka ministers like Lalith Athulathmudali, Gamini Dissanayake and A C S Hameed; and, more geerally, the enforcement of his will on senior bureaucrats in Colombo by J N Dixit (who, by this stage, had earned for himself the epithet ‘India’s Viceroy’) were among the Indo-Lanka interactions that brought about the signing of the agreement.

What I have sketched above is only the bare outline of how and why the aging President JRJ, nudging 80, succumbed to the ruthless Indian onslaught, disillusioned as he was, by the disintegration of his inner circle of loyalists, the aggressive extra-parliamentary campaign led by Sirimavo Bandaranaike, and the ethos of anarchy and violence created by the JVP whose oft repeated theme, disseminated through the calligraphically unique poster campaign, was ‘jay ăr maramu’ (‘let’s kill JR’). Soon after the signing of the Indo-Lanka Accord, the JVP almost succeeded in doing that in a grenade attack on UNP parliamentary group meeting.

 

Indo-Lanka Accord’: Its Political Backdrop in Sri Lanka

Politics of insurrection gathered momentum in Jaffna at least from about a decade earlier than the signing of the said ‘Accord’ when the mainstream Tamil parties began to pursue a strategy of nurturing insurgent groups, and inculcating the notion of Sinhalese oppression (rather than inequities inherent to the mismanaged economy being experienced by all ethnic groups, and the blatant Caste-based oppression endemic to the Sri Lankan Tamil social milieu) being the root cause for their deprivations. It should also be recalled that the benefits of economic buoyancy that ushered in by the policy transformation of ‘liberalization of the economy’ from the earlier pseudo-socialist shackles, initiated by the government elected to office in 1977, were scarcely felt in the predominantly Tamil areas of the north.

It was in the context of intensifying turbulence that the leaders of Ilangai Tamil Arasi Kachchi (ITAK), All-Ceylon Tamil Congress (ACTC) and Ceylon Workers Congress (CWC) formed a coalition named the Tamil United Liberation Front (TULF). At its inaugural session conducted in May 1976, the TULF adopted the so-called ‘Vaddukodai Resolution’, the opening statement of which reads as follows:

“The convention resolves that the restoration and reconstitution of the Free, Sovereign, Secular state of TAMIL EELAM based on the right of self-determination inherent to every nation has become inevitable in order to safeguard the very existence of the Tamil Nation in this Country”.

The concluding paragraphs of that ‘Resolution’ (copied below) should, in retrospect, be understood as epitomising a formal decision to launch of an ‘Eelam War’.

“This convention calls upon its ‘LIBERATION FRONT’ to formulate a plan of action and launch without undue delay the struggle for winning the sovereignty and freedom of the Tamil Nation.”, followed by more specific belligerence,

“And this Convention calls upon the Tamil Nation in general and the Tamil youth in particular to come forward to throw themselves fully in the sacred fight for freedom and to flinch not until the goal of a sovereign state of TAMIL EELAM is reached”.

The campaign rhetoric of the TULF was somewhat more vicious than its belligerence at Vaddukoddai.. At a public rally conducted shortly after the formation in 1976 of the ACTC-ITAK alliance with qualified support from Arumuga Thondaman’s ‘Ceylon Workers Congress’, the person who could have been called the ‘First Lady’ of that alliance said in the course of her speech: “I will not rest until I wear slippers turned out of Sinhalese skins”. Unbelievable? If it is, look up the ‘Report of the Commission of Inquiry’ into the communal disturbances of 1977 conducted by a former Supreme Court Judge (a person belonging to the Burgher community), published as Sessional Paper XII of 1980.

The data tabulated below show that the TULF appeal did not get the expected response even from the people living in the ‘North-East’. It is, of course, true that all contestants fielded by the TULF did win their seats in the Northern Province, securing comfortable majorities in the districts of Jaffna, Kilinochchi and Vavuniya; but elsewhere in the province, the margins of victory were wafer-thin. The polling outcome of the Eastern Province probably shocked the TULF leadership and certainly caused widespread surprise, especially since less than one-third of the voters of Batticaloa District (where Tamils accounted for 72%, and the ‘Sri Lankan Tamils 71% the district population) only 32% had endorsed the ‘Eelam’ appeal.

By the early 1980s, several groups had taken control over acts of terrorism and sabotage in Jaffna peninsula. The violence perpetrated by the insurgents and the retaliatory acts of the security forces reached fever-pitch on the eve of elections to the newly instituted District Development Councils. It resonated in other parts of the country in the form of two relatively brief waves of mob attacks on Tamil civilians, one in 1980 and the other in 1981. The victims included ‘Indian Tamils’.

The economic upsurge in the first 6 years of the JRJ-led government was short lived, and the political hopes proved to be illusory. The Jaffna peninsula turbulence was perceived by the government as a ‘law and order problem’ ̶ which a police contingent led by a Deputy Inspector General of Police Rudhra Rajasingham, a Tamil officer of impeccable repute, was ordered by the President to “eradicate within three months”. It failed in the face of massive protest campaigns, intensifying guerrilla attacks on government institutions and the security forces, and harsh retaliatory action by the security forces.

 

The ‘Eelam War’ for which the groundwork had been laid by the TULF was triggered off by the anti-Tamil riot of unprecedented brutality that took place in July 1983. Its damning repercussions were referred to earlier in this memorandum. JRJ reacted by proscribing several parties and incarcerating a few among his more articulate detractors, some, on the basis of barely credible evidence. Yet another blunder by him at this state was the holding of a national referendum in order to extend the life of the parliament (with the 4/5th majority under his command) by another 6 years. Apart from the rampant malpractices that features this poll, it did look like the fulfilment of his euphoric pledge in the aftermath of his victory to “roll back the electoral map”.

The youth unrest in the Northeast which was mobilised for electoral gain by the TULF began to be replicated in earnest elsewhere in the island in the form of the second wave of insurrection launched by the Janatha Vimukthi Peramuna (JVP/Peoples Liberation Front). In the economic recession that prevailed, and with the incessant Television displays of unattainable luxury restricted to the life styles of a small minority, increasing numbers of youth suffering from “frustration aggression” were attracted to the JVP fold. By 1985, they engaged in raids for the collection of money and arms, crippling the economy with frequently enforced curfews, and a range of terrorist violence such as intimidation, torture and the murder of persons identified as collaborators of the government.

 

The Province as a Unit of Devolution

The Colebrooke-Cameron Reforms of 1833 that introduced a network of 5 Provinces was intended to consolidate British rule over the island which remained tenuous even after the suppression of the rebellion of 1818. The spatial pattern of provinces was changes from time to time until it was finalised in 1889 against the backdrop of the mid-Victorian imperial glory and the absence of any challenge to British supremacy in ‘Ceylon’. The population of the island at that time was only 3 million; and, despite the ongoing deforestation of the Central Highlands, at least about 70% of the island territory was uncharted wilderness.

 

To be Continued



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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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