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Editorial

War crimes

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Tuesday 2nd February, 2021

Several civil society outfits have embarked on a campaign to protect human rights and bring about reconciliation, in this country. They deserve praise, but they did not take up the issue of crimes against civilians while Prabhakaran was around. If they had done so during the war, they would have been dead. Instead, they cranked up pressure on successive governments to negotiate with the LTTE despite its war crimes such as civilian massacres, political assassinations, child conscription, abductions and the bombing of civilian targets.

It is being argued in some quarters that Sri Lanka should present a stronger case in Geneva and draw the UNHRC’s attention to Lord Naseby’s revelations in the British Parliament, giving the lie to the claims, on which the UNHRC allegations against Sri Lanka are based. But the UNHRC does not go by facts or evidence as such. Its decisions are determined by strategic alliances. The US was right when it called the UNHRC a cesspool of political bias and pulled out of it.

UNHRC Chief Michelle Bachelet has already made up her mind and does not want to be confused with facts. So are the other UNHRC grandees who are at the beck and call of the Western bloc. No amount of reasoning is going to make them change their minds. The only way a smaller state in their crosshairs can escape is to side with the US and its allies. It may be recalled several years ago, when the then UNHRC Chief N. Pillai issued a statement condemning human rights violations in Bahrain, a staunch US ally, she came under enormous pressure to retract it; she complied while bashing other nations. If Sri Lanka brought itself to compromise its national interest and sign the MCC and other pacts, enabling US troops to land here and do as they wish, it would be off the Geneva hook.

The UNHRC has become a metaphor for duplicity. It has not taken any action against the worst war criminals in the world—former British Prime Minister Tony Blair and former US President George W. Bush. It has now been established that the duo falsified intelligence dossiers and fraudulently created a casus belli to invade Iraq as part of their war for oil. More than 500,000 Iraqi children reportedly died in that illegal war, which also left hundreds of thousands of others dead. The UK is campaigning against war crimes!

It will be interesting to see if universal jurisdiction, advocated by the UNHRC chief, will apply to Adele Balasingham, the former trainer of female LTTE suicide cadres. There is irrefutable evidence that she was a senior leader of the LTTE, which, the UNHRC says, has also committed war crimes. She is living in London, and the UK, which is determined to ensure that the alleged war crimes in Sri Lanka will not go unpunished, ought to take legal action against her. The provision for invoking universal jurisdiction will be a worrisome proposition for former LTTE combatants and Tiger activists who made Prabhakaran’s war crimes possible by raising funds overseas for his terror campaign.

Here is a question for the US, the UK, France and other states that have taken upon themselves the task of protecting human rights in this country. Some UN documents, crafted at their behest, have, in a bid to look balanced, said the LTTE also committed war crimes. If so, why did they go all out to remove Prabhakaran to safety shortly before the conclusion of the war? Sri Lanka’s war lasted for more than two and a half centuries, and they failed to stop it through political means. Their purported efforts to resolve the conflict only helped the LTTE gain legitimacy and emerge stronger. Had their plan to save Prabhakaran succeed, the war would have dragged on, causing death and devastation, and it would not have been possible to put an end to forcible child conscription, political killings, extortion, civilian massacres. Rekindling democracy in the North and the East would have been a will-o’-the-wisp if the LTTE’s military muscle had been spared.



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Editorial

A regime sans shame

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Tuesday 31st January, 2023

The SLPP-UNP combine, which is taking great pains to delay the local government (LG) polls for fear of losing them, is all out to make the public lose interest in elections; it is trying to engineer a low voter turnout. Voter apathy is usually advantageous to unpopular regimes in power. Trotting out lame excuses to make a case for postponing the mini polls, the government claims that it is so broke that it cannot allocate funds for an election at this juncture. Curiously, it is not without such pecuniary difficulties where fund allocations for celebrations are concerned. If the country is to wait until the economy is turned around to go to the polls, it will have to wait until hell freezes over!

The government propaganda mill is in overdrive to deprive the ongoing electoral process of legitimacy. No sooner had it been reported that three members of the Election Commission (EC) were receiving death threats the Government Information Department issued a media statement, claiming that ‘the gazette notice with signatures of the Chairman and other members of the Election Commission required for the commencement of the Local Government election process has not been sent to the Government Press for printing.’ The EC has dismissed this claim as baseless.

The Information Department’s media statement reminds us of an ill-advised letter that Secretary to the Ministry of Public Administration, Home Affairs, Provincial Councils and Local Government, Neil Hapuhinne, recently sent to the District Returning Officers in a bid to prevent them from accepting deposits for the LG elections. The EC reacted swiftly and Hapuhinne withdrew his letter. The EC assured the public that the electoral process was on track. Hapuhinne was lucky to get away with only a rap on the knuckles from the EC. Now, Director General of Government Information Dinith Karunarathna has done something similar.

We argued, in a previous comment, that Hapuhinne had to be dealt with in such a way that action against him would constitute a deterrent for others of his ilk bent on scuttling the LG polls. He should have been made to face the full force of the law for his high-handed action. It is never too late.

There is no way the government could avoid defeat by postponing elections. Such action is as injudicious and futile as ‘using a loincloth to control dysentery’, as a local saying goes. If the SLPP had plucked up the courage to face the LG polls, last year, instead of postponing them, the Gotabaya Rajapaksa administration would have suffered an electoral setback and realised the need to make a course correction, which might have helped prevent the current economic crisis.

The SJB, the JVP, the SLFP and some SLPP dissident groups are on a campaign to ensure that the LG elections are held as scheduled, but they, too, have sullied their reputations by helping put off elections. The SJB consists of former Yahapalana MPs; they, the SLFP and the JVP unashamedly joined forces, in 2017, to postpone the Provincial Council elections, which they knew they would lose. Their modus operandi was antithetical to democracy and parliamentary norms they claim to uphold. They helped the UNP-led Yahapalana government stuff the Provincial Councils (Amendment) Bill (2017) with some sections sans judicial sanction, at the committee stage, and steamroller it through the House. The SLPP dissidents, who have taken up the cudgels for the people’s franchise had no qualms about supporting the Gotabaya Rajapaksa administration’s decision to postpone the LG polls.

That the country needs alternatives to both the government and the Opposition, as evident from the phenomenal rise of anti-politics and the growing resentment of the youth cannot be overstated, but first of all, it has to be liberated from the clutches of the current regime, and the LG polls will help loosen their vice-like grip thereon—hopefully.

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Editorial

Democracy in danger

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Monday 30th January, 2023

Those who are all out to scuttle the local government elections (LG) scheduled to be held on 09 March have got down and dirty. Having failed to intimidate the Election Commission (EC) into postponing elections, they are now trying to scare the members thereof into resigning as part of their strategy to delay the mini polls. Their desperation knows no bounds and they will baulk at nothing.

The EC members who have been threatened with death to resign from their posts are S. B. Divaratne, M. M. Mohamed and K. P. P. Pathirana. P. S. M. Charles has already tendered her resignation letter. It is obvious that someone is trying to render the EC incapable of having quorate meetings by causing three or more of its five members to resign. It is hoped that the EC members will be given maximum possible security so that they will be able to carry out their duties without fearing for their safety.

Ironically, those who resorted to mindless violence to disrupt elections in the late 1980s are currently at the forefront of a campaign to safeguard the people’s franchise and some of their political rivals who dared protect democracy by holding elections and participating therein during that time are all out to sabotage polls. The JVP attacked the public officials who were on election duty during its second uprising (1987-89) and some of them were gunned down. The intrepid voters who defied the JVP’s order to boycott elections during the reign of southern terror were also attacked. Some of them died violent deaths at the hands of the JVP sparrow units, which terrorised the country. The then UNP governments held elections, which they rigged and won, and the current SLPP leaders who were in the Opposition at the time took part in those electoral contests courageously despite threats to their lives. Today, there has been a role reversal! The JVP is threatening to take to the streets if elections are postponed, and the UNP and the SLPP are trying every trick in the book to delay the polls.

The act of threatening EC members, or anyone else for that matter, with death, is a serious criminal offence, which must be treated as such. The caller who issued death threats to EC officials must be traced, brought here, made to reveal who his handler is and prosecuted forthwith.

Nobody should be considered guilty until proven innocent, but it is only natural that as for the threats to the EC members, fingers are pointed at the government, which is doing everything in its power to delay the LG polls for fear of losing them. The SLPP and the UNP have no one but themselves to blame; he that has an ill name is half-hanged, as a popular saying goes. All other political parties including the dissident SLPP constituents are keen to face an election at this juncture, when the public is resentful and the government’s approval ratings are extremely low. The worst times for the country are the best times for the Opposition both politically and electorally. The only way the SLPP-UNP administration could clear its name, if at all, is to ensure that the person who is threatening the EC members is brought to justice immediately. It will not be difficult to trace the caller if he or she has no links to the ruling coalition. Even Sri Lanka’s Napoleon of Crime, Makandure Madush, was arrested in Dubai, and extradited. So, it will be child’s play for the Sri Lankan police and their UAE counterparts backed by Interpol to arrest the caller.

Those who fear elections will not spare any institution in their efforts to postpone polls. There have been situations where repressive governments targeted even the judiciary to further their interests. The stoning of the houses of the Supreme Court judges, in 1983, following their historic judgement in a fundamental rights petition filed by Vivienne Goonewardene against the Police is a case in point. The Mahinda Rajapaksa government went so far as to ‘impeach’ Chief Justice Dr. Shirani Bandaranayake, whom it considered an obstacle in its path. It removed her from office in the most despicable manner. Today, the SLPP and the UNP are savouring power together.

It goes without saying that the ruling alliance, which poses a serious threat to democracy, has to be tamed, and the best way to achieve this end is to ensure that the LG polls are held as scheduled and the people given an opportunity to subject the government to an electoral shock.

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Editorial

Confusion confounded

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Whether the announced local elections will be held as scheduled on March 9 remains a question that is wide open. The confusion became more confounded last week with the resignation from the Elections Commission of Mrs. P.S.M. Charles and speculation that its chairman, Attorney Nimal Punchihewa, would also resign. This was subsequently denied by Punchihewa himself but that is not the end of the story. The new Constitutional Council, meeting for the first time with the Speaker in the chair ex-officio decided to reconstitute all the so-called Independent Commissions mandated by the Constitution. This, of course includes the Elections Commission and raises the question of how any changes in its composition can affect the local elections for which nominations have concluded and a date set.

Former Elections Commissioner Mahinda Deshapriya, who enjoyed wide visibility during his tenure, went on record after Charles’ resignation saying that it will not affect the working of the five-member commission with a quorum defined as three. With four members still in office, the number necessary to make up a quorum is available. When the election day itself was decided, only three members were physically present at the meeting and the consent of the two absent member had been obtained, Punchihewa has said. This has not been denied. But the state-controlled Daily News, in its lead story last Tuesday, quoted Dr. Prathiba Mahanamahewa, a former chairman of the Sri Lanka Human Rights Council, saying that the date of the election must be gazetted in terms of the election law and no gazette had been issued. The date had merely been announced through the media and this was insufficient, he had said.

We do not know whether he was right or not at the time he made the remark or whether there was a subsequent gazette as is probable. Mahanamahewa is on further record saying the names of all five members of the Election Commission were on the gazette calling for nominations and it must be similar with regard to setting a date for the poll. However that be, many would wonder why Mrs. Charles who, having known that the Elections Commission itself was in a “state of flux” (if we may borrow Mahanamahewa’s language), chose to resign at this moment. She, as the country at large well knew that as the Constitutional Council had been constituted, all the Independent Commissions (there are eight of them including the Elections Commission, Human Rights Commission, Police Commission, Public Service Commission etc.) will be reconstituted. So what was the hurry to resign? The terms of all five members of the Elections Commission will soon come to an end.

The Daily News interpreted Charles’ resignation as confirmation of “deep divisions” within the Elections Commission over several issues including the holding of the local elections. It must be remembered that Mrs. Charles is a very senior public official belonging to the special grade of the Sri Lanka Administrative Service. She has held high office including Governor of the Northern Province, Director General of Customs, GA Vavuniya when the LTTE held sway and Ministry Secretary. She is a serving SLAS officer. She has resigned in the context of a situation of a government appearing to be afraid, nay terrified, of holding the local elections in the present perilous country conditions. So who can be blamed for suspecting that here is an inspired resignation given that Mrs. Charles herself has publicly given no reasons for her exit.

In this context it may be useful to go back to fairly recent history to Mrs. Bandaranaike’s government of the 1970s when there was a conflict between the legislature and the judiciary. Justice Hector Deheragoda, sitting on the new Constitutional Court chaired by Justice T.S. Fernando along with Justice JAL Cooray resigned from the court then adjudicating on the new Press Council Bill, the first matter to be brought before it. The court was sitting in the then House of Representatives with Mr. Sam Wijesinha, the Clerk of the House, as its Registrar. When the proceedings were ongoing, there was a demand in the chamber of the House that the court should be evicted from its premises. Speaker Stanley Tillakaratne made a remark eliciting a response from Justice TS Fernando that interpretation of the Constitution was a matter for the court and not for the speaker. It was amid this furor that Justice Deheragoda tendered his resignation aborting the continuance of the proceedings.

The government keeps tub thumping that the local elections will cost ten billion rupees the country cannot afford in its current economic predicament. The opposition is brimming with confidence that the results of these elections will signal the end of what many in its ranks delight in calling the “Ranil – Rajapaksa” government. The matter is now before court and the last word will probably be its determination. The affidavit filed before court by the Secretary to the Ministry of Finance/Treasury clearly states the financial predicament the government is placed in. While the determination is awaited the angry debate in the political space on whether or not the elections will be held will continue. There is yet no clear sign of countrywide election activity though nominations have been filed by the mainstream and minor parties as well as independent groups. But ominous threats abound of what’s likely to happen if there is no election.

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