Showing posts with label Mahinda Rajapaksa. Show all posts
Showing posts with label Mahinda Rajapaksa. Show all posts

Tuesday, July 7, 2015

Sri Lankan Political Drama- Sirisena’s Predicament over Rajapaksa

Anushree Ghisad, 
Research Intern, VIF

The most significant news of last one week from Sri Lanka was not only the dissolution of its Parliament and fresh elections, but also the public declaration of intent by former President Mahinda Rajapaksa (MR) to mark his political re-entry. Addressing a group of supporters in his home base Medamulana, MR announced his candidature for the general elections scheduled for August 17, 2015. The news of his political ‘comeback’ generated an euphoria among his supporters and but sent shock waves among his nemesis; both within his own political party and outside it.

The most striking implication of this news could be the ‘creation of mare’s nest’ of trouble for the incumbent President Maithripala Sirisena, who is also the leader of United People’s Freedom Alliance (UPFA); the ruling coalition. Both Sirisena and Rajapaksa belong to Sri Lankan Freedom Party (SLFP), which is the leading constituent of UPFA and is witnessing internal factionalism under the ‘two-leader’ dispensation. Mindful of Rajpaksa’s substantial clout and political realities surrounding him, Sirisena had shown some flexibility to accommodate Rajapaksa that did not go down well with his own supporters. Now the President is facing a strange predicament where it has become near impossible for him to find a golden mean. Whatever course of action he chooses is bound to generate strong political ripples. This article attempts to analyse the political compulsions and its repercussions arising out of the political ambitions of Rajapaksa and the opportune moment he has chosen for his re-entry.

MR is out of power, yet a power to contend with !

After his defeat in the Presidential elections of January this year, some political commentators had thought ‘MR, had gone into a cocoon. However, it was soon realised that he was only reorganizing himself and drafting a comeback strategy as the prime ministerial candidate of his party/alliance. His loyalist in the ruling coalition, in the mean while, adopted a tactics of giving a tough time to Sirisena and Prime Minister Ranil Wickremesinghe of United National Party (UNP) on policy issues. The schism between Sirisena supporters and MR loyalists started becoming wider with every passing day, so much so that both Chandrika Kumaratunga and President Sirisena had to issue statements asserting that no one would be allowed to ‘split’ the SLFP to ‘achieve petty political’ objectives. Thus, despite being out of power, MR managed to haunt Sri Lankan political scene.

Efforts at rapprochement

Both Sirisena and MR as seasoned politicians are aware of each other’s political weight and propensity. Sirisena heads the executive council of the UPFA which is the ultimate authority to decide nomination of candidates for the upcoming elections. In mid-June, before the parliament was dissolved, SLFP had set up a six-member committee to resume dialogue with MR in a bid to maintain unity within the party. No coherent view on its efforts emerged but news reports started flooding the Sri Lankan media that added to confusion on whether President had agreed to give nomination to MR or not. And even if he did so, will he name MR as the prime ministerial candidate of the UPFA alliance? Unless MR reviews his stance on contesting elections on SLFP ticket, the party, in view of the tremendous pro-MR pressure from within, has no option but to deal with this vexed question.

To give in or not - that is the dilemma

President Sirisena and the party do not have much time to find an answer to the vexed issues surrounding nomination of MR to contest the parliamentary elections as also his pre-projection as the prime ministerial candidate of the party/alliance. SLFP has to come to terms with the reality of MR still commanding significant support among grass root SLFP leaders and workers. A large section of Sinhala population, genuinely view MR as the ‘savior of nation’ rather than a promoter of nepotism and crony capitalism during his presidency. Hence, an united SLFP with MR as an important player is, in their view, essential to securing Sinhala community votes. It needs to be mentioned here that MR supporters want nothing less than a prime ministerial nomination for their leader. This has antagonized Sirisena’s supports leading to deepening of schism in SLFP. Any division in SLFP votes is bound to work to the advantage of the UNP which is clamoring hard to cash in on the post regime change gains. These political realities necessitate Sirisena to find a way to accommodate MR’s aspirations. Amidst such convoluted political dynamics, it is imperative to maintain unity in SLFP, and perhaps that will compel Sirisena to grant a nomination to MR, despite realizing that once the nomination is granted, MR will settle on nothing less than prime ministerial post if this coalition wins. There could be a temptation to try to technically skirt the issue by giving MR nomination under the UPFA banner rather than as a SLFP candidate, but would this dilute the adverse impact on the electoral chances of the party or the alliance?

There are however equally compelling political considerations which inhibit the President and the party leader acceding to MR’s demands. To start with, Sirisena, it may be recalled, had rebelled from SLFP to directly challenge Rajapaksa’s candidature in the presidential election and had promised a new political culture with good governance, democracy and social justice. This enabled him to secure the support of many small and minority political parties as his allies, along with SLFP’s arch rival UNP. This new coalition of fourteen parties had an inherent understanding to keep Rajapaksa out of governance. Even within the SLFP, former president Chandrika Kumaratunga is vehemently opposed to the idea of granting nomination not only to MR, but also to his close aids. She has even hinted at contesting the elections herself if MR was given a nomination; something that can create further embarrassment for the faction ridden SLFP. Political leaders loyal to the President, such as Dr. Rajitha Senaratne, Reginald Cooray, Patali Champika Ranawaka, Ven. Athuraliye Ratana Thera, and S.B. Dissanayake, strongly believe that MR’s candidature would dampen the aspirations of the people who, not so long back, had voted against his misrule. It will also undo all the gains which the ‘National Unity Government’ has achieved under its ‘100 day action plan’ with UNP.

What is particularly worrying the critics of MR and leaders of the smaller and minority political parties is not the possibility of MR’s return to politics, but the fact that his accommodation within SLFP could be a precursor to his re-emergence as the dominant leader. Chairman Ven. Athuraliye Rathana Thera of the National Council for a Better Tomorrow, has already gone on record to remind Sirisena that the only problem they had was the party under whose banner Mr. Rajapaksa would contest, thereby suggesting that they may review their support in the event of SLFP granting nomination to MR. Even Sri Lanka Muslim Congress (SLMC) MP Rauff Hakeem has said in the parliament that SLMC will be left in lurch if SLFP nominates MR. Now SLMC, the coalition partner of SLFP, is planning to contest the upcoming elections with UNP. Possibility of other smaller political parties also drifting away from SLFP in the same way cannot be ignored in any political calculation. Similarly, a section of linguistic and religious minorities like Tamils and Muslims which account for 18.1 and 7.1 per cent of Sri Lankan population1 respectively, will certainly move away from the SLFP, as many of them perceive rise of MR as promotion of ‘counter revolutionary’ force.

Conclusion

President Sirisena is caught between the devil and the deep sea. If MR is accommodated in the electoral calculus, SLFP as a party and Sirisena as the leader of the ‘UPFA’ alliance may end up paying a heavy electoral price including a doubt over President Sirisena’s own commitment to investigating allegation of corruption against close aids of the former president MR. Nominating the same person who led this fraternity will erode the credibility of President Sirisena who is seen as the face of change. By giving in to the demands of MR and his supporters, Sirisena will only validate that he too is just another politician who has failed to practice what he preached and preferred to follow politics of convenience instead. If he acts otherwise, he may well be scripting fall of SLFP. Thus, he is facing a unique situation where, neither the end (in terms of SLFP’s victory) could justify the means nor can the means (of accommodating MR against whom the ruling coalition was formed) justify the ends.

Endnote
  1. Sri Lanka Race, Religion, and Politics http://www.photius.com/countries/sri_lanka/government/sri_lanka_governme...

Published Date: 7th July 2015, Image Source: http://stream.aljazeera.com
(Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the official policy or position of the Vivekananda International Foundation)

Friday, March 29, 2013

India, Sri Lanka – The Tamil Question

Dr M N Buch, Dean, 
Centre for Governance and Political Studies

The island country of Sri Lanka is geographically part of the Indian sub-continent and though the Palk Strait does provide a narrow stretch of water physically separating Sri Lanka from India, not far below the surface is the land link provided by Ram Setu or Adams Bridge. I refer here to a geological phenomenon and not a mythical, religious or a metaphysical belief. Geographically, ethnically, linguistically, culturally and religiously Sri Lanka, despite being a separate nation, is very much a part of India. The objective of this paper is not to lead to a merger of Sri Lanka into India, but to emphasise that we enjoy a common heritage which virtually mandates that India and Sri Lanka should have the closest links with each other and that no third party should be permitted to divide us.

Sri Lanka as an island is large but in total area is only 65,610 square kilometers. That makes it the size of one of the smaller States of India. Its population is about two crores. The demographic composition is interesting. The majority consists of the Sinhala people, who claim their origin from Bengal and Orissa and whose language, Sinhalese, is highly Sanskritised and certainly belongs to the Indo Aryan group of languages. There is a sizable Muslim minority, many of them of Maldivian, Arab and Indian origin. There is also a small group of Burghers who are roughly equivalent to our Anglo-Indians. Then there are two major Tamil groups. The first, by far the largest, is of Tamils inhabiting the North and part of North Eastern Sri Lanka, who will hereinafter be referred to as Jaffna Tamils for the sake of convenience. They form the vast majority in the five districts of the Northern Province, that is, Jaffna, Mannar, Vavuniya, Kilinochchi and Mullaitivu. The two districts of the North Central Province, Anuradhapura and Pollonnaruva also have a substantial Tamil population and two of the three districts of the Eastern Province, Batticaloa and Trimcomalee, also have a number of Jaffna Tamils. These Tamils have been living in Sri Lanka virtually from the very beginning and have always been recognised as full and original citizens of Sri Lanka. There is a second group of Tamils who were brought in as indentured labour by the British when they introduced plantation crops, especially tea but also some rubber, mainly in the Central Province consisting of the districts of Kandy, Matale and Nuwara Eliya. They came on indentured contract and it was not originally the policy to settle them permanently in Sri Lanka. As time went on, however, they settled permanently in the plantation areas and are now very much a part of the Sri Lankan population. They were not accepted as such by either the Sinhalese or the Jaffna Tamils and there were several pacts between India and Sri Lanka about what to do with these Tamils. The Sri Lanka Government disenfranchised them and this led to a major outbreak of discontent amongst the plantation Tamils. Some were repatriated to India which undertook their rehabilitation on the mainland, but ultimately the majority were granted citizenship. These Tamils, however, are not part of the Eelam movement launched by the Jaffna Tamils.

Under British rule the Jaffna Tamils went in for education in a big way, in which English and Tamil were the two languages of instruction. A large number of senior posts in the Sri Lanka Army, Police and Civil Service and Judiciary were occupied by Tamils because they were the best educated citizens of Sri Lanka. The situation was not very different from what existed in India in that people from the South, especially Tamil Brahmins and Malayalees, dominated the Civil Service in the Centre. When Hindi was introduced as the State language there was an outcry in Tamil Nadu because it was felt that this would put Tamils at a disadvantage for public service in India, resulting in the overall development of the South slowing down and easing out South Indians from the instrumentalities of power. In India we took the anti Hindi movement in Tamil Nadu very seriously and, therefore, by adopting the three language formula and retaining English as the link language we have, by and large, been able to prevent a serious secessionist movement in the South. Today even the most extreme Tamil parties in India no longer talk about a separate Tamil homeland. The way in which we have tackled the situation is exemplified by the State emblem of India in which the motto is “Satyameva Jayate”, which means that “Truth Ever Triumphs”. In Tamil Nadu, at the height of the anti Hindi movement, the State Government changed the Tamil emblem motto to ‘Vayi Meyi Vellum’, which also means Satyameva Jayate. Instead of reacting strongly to this the Central Government preferred to ignore it and now the State emblem and its motto are no longer an issue. The Malayalees, being practical people, knowing that they are the best educated in India, chose to ignore the language issue and could gain new proficiency in the languages of different States and continue to form an extremely important part of the government structure in every State of India. In Madhya Pradesh the Secretariat would collapse if the Malayalee officials withdrew and certainly the health services would receive a fatal blow if nurses from Kerala were to go away.

Sri Lanka is a Buddhist country whose Constitution in Article 9 states, “ The Republic of Sri Lanka shall give to Buddhism the foremost place and accordingly it shall be its duty to protect and foster the Buddha Sasana, while assuring to all religions the rights granted by Articles 10 and 14(1) (e)”. This gives the right of religious freedom to every citizen of Sri Lanka. Sri Lanka is not quite a theocracy and it is not quite a secular State in the same way as India is, but it does allow the religious freedom of a secular State. However, because of Article 9 the Buddhist Mahasangha is very powerful and its pronouncements and diktats have a profound influence on how the Sri Lankan Government acts and behaves. This is a fact which must be borne in mind when we do any thinking on Sri Lanka, its problems, and our policy towards it. In 1956 Sri Lanka very foolishly adopted the policy of Sinhala as the only State language, with this being given full effect to in 1961. That knocked Tamil off its equal perch with Sinhala and English and in fact removed it from the list of State languages. This automatically led to the fear that not only would Tamils no longer be qualified for government service but also that those who were Tamils in high position would be eased out of their jobs. There was very powerful Tamil reaction and this is one of the main causes for the demand for a separate Tamil homeland, preferably an independent country created by partitioning Sri Lanka. Simultaneously there were extremely violent anti Tamil riots in 1958 and 1977, culminating in the worst riot of all 1983, in which there was virtual ethnic cleansing of Tamils from Colombo and the Western Province.

The two main Tamil parties were Tamil United Liberation Front (TULF) which is a party dating back to 1949 through its predecessor, the so-called Federal Party, followed in 1978 by the creation of the Liberation Tigers of Tamil Eelam (LTTE). Thereafter the entire separatist movement was taken over by LTTE, whose undisputed leader was Velupillai Prabhakaran. Incidentally, LTTE cadres had been initially trained in India and a large part of LTTE’s initial armaments came from transfer of weapons seized by us from the Pakistan armed forces in the 1971 Bangladesh War. There is, therefore, some justification for the Sri Lankan allegation that LTTE was supported by us, even though its creation was of local Sri Lankan origin. I state this because though this is not a paper on the Sri Lankan civil war and our role in it, we were very much a part of it at the start and that makes us as guilty as the Tamil and Sinhala protagonists. I have not been able to understand the psychology of our government in the manner in which it evolved its Sri Lankan policy. We were annoyed with the Sri Lanka Government for the manner in which it was treating the Kandy Tamils, but did that justify our arming a group which ultimately became the most powerful guerilla force in the world and which brought us into open conflict with it when Rajiv Gandhi became Prime Minister?

For India the complications began with the question of the Kandy Tamils, which we were ultimately able to sort out through a series of agreements with the Sri Lanka Government. However, the situation in Northern Sri Lanka was very different because here it was not the question of status of Tamils who were originally Indian but rather the relationship between two indigenous groups in Sri Lanka, both of Indian origin but now rooted firmly in Sri Lanka. As the Buddhist Sinhala attitudes hardened and as the Jaffna Tamils reacted, one could see Sri Lanka sliding first into a cycle of ethnic violence and thereafter into a fratricidal civil war. Did the fear of what happened in Sri Lanka and its effect on Tamil Nadu drive us to a policy which has left us with more problems than it has solved? Did we misread the Tamil movement in Tamil Nadu, led by Annadorai and his successors, as an incipient civil war which could lead to the breakup of India? We have a great deal of experience of fighting insurgency in the North East and there our handling was quite deft. We have been successful in putting down militancy in the Punjab and separatist movements in Jammu & Kashmir. Even today we are tackling Naxalism in what I would describe a weak manner but which could also be viewed as a measured response of the State to a situation which is internal and must be handled by the civil government. Hyderabad and Junagadh did not dismember India. Even as late as 1983 did we really think that Tamil Nadu would break away on the language issue? In 1978 when the Emergency was declared Tamil Nadu fell in line in the same manner as every other State. Why did the Indian State lack such a confidence in itself to tackle any movement in Tamil Nadu without resorting to uncalled for adventurism in Sri Lanka because the Tamils there had a dispute with the Sinhalese people?

Anyway, as the situation in Sri Lanka degenerated into a civil war Sri Lanka was left to handle two different situations which threatened the very existence of that country. The first was the increasing strength of the separatist movement in the North. The second was the extremely violent, extreme left wing movement of the Janatha Vimukti Peruman (JVP) whose obvious objective was to dismantle the Sri Lankan regime and to establish an extreme left wing State. Comparisons with the nihilistic regime of Pol Pot in Cambodia come to mind. A stage came when Sirimavo Bandaranaike, the President of Sri Lanka, called for our assistance to protect that country from JVP and our first intervention took place by sending units of the Central Reserve Police Force to guard Colombo. This was welcomed by the Sri Lankans. Meanwhile the situation in the North and North East kept deteriorating and the Sri Lankan Army and Police also retaliated with force. The whole of Jaffna Peninsula, the districts of Mannar, Kilinochchi, Vavuniya and Mullaitivu, together with Jaffna passed out of the control of the Sri Lankan Government, Anunadhapura and Pollonnaruwa were centres of major LTTE activity, Batticaloa and Trincomalee were affected and even a district as far south as Ampara was not free of LTTE terror. In Colombo there were a large number of bombings and shooting incidents in which the LTTE played a major role.

Into this cauldron stepped our young Prime Minister, Rajiv Gandhi and his Chief of Army Staff, General K. Sunderji. Prabhakaran was called to Delhi and was made to sign some sort of a pact which could bring about an end to civil war. On return to Jaffna he said that he was virtually held a prisoner in Delhi and pressurised to sign the agreement and that he repudiated it in totality. Meanwhile Rajiv Gandhi and J.R. Jayawardane, the President of Sri Lanka, signed a pact which opened the doors for intervention by India in Sri Lanka. We first went in with humanitarian aid in Jaffna. Then Indian troops were inducted and soon we were engaged in a full-fledged war with LTTE. We suffered horrendous casualties, including more than 1450 dead and between four thousand and five thousand injured and maimed. Lt. Gen. Kobakaduwa, who was the Northern Army Commander in Sri Lanka, told me that he had advised the Indian Army that the LTTE did not consist of uneducated guerilla fighters but consisted of highly educated young persons, many of them science and engineering graduates, who had mastered the art of ambush, use of remotely detonated explosive devices and were experts in defence in depth. He had suggested that the Indian Army take Sri Lankan officers who were experienced in fighting LTTE on board for liaison purposes, but this offer was rejected. What resulted was that IPKF was in the vanguard of fighting LTTE and the Sri Lankan Army and Police were released to launch a massive onslaught on JVP and destroy it. The Indian Army, being the professional force that it is, took heavy casualties but succeeded in suppressing LTTE and driving it into a few isolated forest strongholds, where it was bottled up. Given a free hand the Indian Army and Air Force could have completely destroyed LTTE, but as is often the case in India, this free hand was not given. However, the LTTE occupied districts were restored to near normalcy and Sri Lankan civil government became functional.

Meanwhile the government changed in India and in Sri Lanka. V.P. Singh became our Prime Minister and R.Premadasa became President of Sri Lanka. Premadasa was a very wily politician, expert in intrigue and with his own hidden agenda of politics. He and Prabhakaran had a secret pact whereby he asked for withdrawal of IPKF, a demand to which V.P. Singh acceded. Without fully completing its task IPKF left Sri Lanka, thus enabling LTTE to claim a great victory. As soon as the last Indian soldier left Prabhakaran reneged on his agreement with Premadasa and in sixteen police stations of the North and more than four hundred and fifty Sri Lankan policemen were murdered. LTTE revived, the civil war dragged on and thousands of Sri Lankans were killed. The entire Jaffna Peninsula, once a very prosperous agricultural area and a centre of education, was virtually destroyed.

Neither Premadasa, who was himself assassinated, nor Chandrika Kumaratunga, who became Prime Minister and then President, were able to re-establish control over the Tamil areas, though the army continued to fight. Ultimately Mahinda Rajapaksa became President and he was cut from a different cloth. He resolutely rebuilt the Sri Lankan Army and posted as its commanders officers of a strong will and truly professional training and attitude. The Army was given all the equipment it needed, China being its main source because India would not give Sri Lanka heavy weapons and a resurgent Sri Lankan Army went about its task professionally, first clearing the North East and then driving the LTTE out of all its strongholds in the North. Ultimately, LTTE was driven into a corner where it was virtually pounded into extinction. The last stages of the civil war were savage and perhaps some elements of the Sri Lankan Army did commit excesses which a section of the Western media has projected as atrocities amounting to war crimes. In all this India was increasingly marginalised, unable to save the Tamils, unwilling to help the Sinhalese, a witness to the end of a civil war but no longer a powerful entity which could help in rebuilding Sri Lanka. All this happened because throughout this unpleasant episode of history India either adopted wrong policies or played the part of a helpless onlooker. In the process we have alienated the Sinhala and the Tamil alike. We should have rejoiced at the destruction of the most violent guerilla movement in the world, LTTE, an organisation second to none in committing atrocities against its enemies. This organisation was the origin of the suicide bomber, one of whom assassinated Rajiv Gandhi. This is the organisation which taught the Indian Army a lesson in irregular warfare which it can never forget. This is the organisation which has rekindled a highly disruptive movement in Tamil Nadu which, though it does not raise fears of separatism, is still powerful enough to influence the policy of India towards Sri Lanka, a policy that has caused us to self-destruct in that country.

I had been international observer of the elections in Sri Lanka on four occasions, ranging from local government to provincial, national and presidential elections. I have toured twenty-two out of the twenty-five districts of that country. After the parliamentary elections when I returned to Delhi my batch mate, P. Murari, who was Secretary to the President, R. Venkatraman, called me to brief the President on what I had observed in Sri Lanka and what I could suggest about our policy towards that country. Fortunately, I had been briefed fully by N.N. Jha, my batch mate and High Commissioner in Sri Lanka and I was able to communicate some of the ideas which had originated from Jha. I told the President that China was already establishing a foothold in Sri Lanka and had built a magnificent conference complex and research facility in Colombo called the Bandaranaike Centre, where international conferences were held. I told the President that we must counter Chinese influence and participate in the development of Sri Lanka so that our economic ties become closer. Carrying forward N.N. Jha’s excellent ideas I said that:
  1. We should gift to Sri Lanka one institute of IIT level and one of IIM level so that the quality of education in that country took a leap upward.
  2. We should open the doors of our technical, management, medical, scientific, humanities and liberal arts institutes and universities to Sri Lankans so that huge numbers of students from that country could be educated in India and we could thus virtually create a pro India class in Sri Lanka.
  3. Fishing is big business and the major means of livelihood of coastal people in that island country. Hitherto it is the Norwegians who had helped the Sri Lankan fishing industry. My suggestion was that we should make available about five hundred motorised inshore and offshore fishing vessels to Sri Lanka so that coastal communities could benefit. We could also help in setting up fishing harbours and processing industries.
  4. Our jewellery industry should be given free access to Sri Lanka gems, on which there should be no import duty. Whole districts which provide gems, such as Ratnapura in Sri Lanka, would benefit if the market was enlarged.
  5. We should freely allow duty free import of Sri Lankan tea, with our best quality tea being exported to the West. This would benefit both the Indian tea industry and Sri Lankan tea industry, which is a major employer of labour in that country.
  6. We should invest heavily in infrastructure, especially roads, railways, power, housing and social infrastructure such as schools and hospitals, thus helping that war ravaged country to recover, rehabilitate displaced persons and restore prosperity to devastated area.
Unfortunately, none of the items initiated by Jha and suggested by me have been implemented by government. The Sri Lankan Government offered us Hambantota Port for development in the South, but we stupidly did nothing about it. That port is now being developed by the Chinese, whose footprint in Sri Lanka is now not only visible but strong.

Based on television visuals and research by people who obviously have a strong pro Tamil stance, the West, led by the United State of America, has been leading a campaign for condemning Sri Lanka for atrocities against the Tamils. The Sri Lankans have been living for a quarter of century with a situation in which thousands of Sri Lankans have been killed and the country virtually torn apart. The Indian Army has experienced the ferocity of LTTE fighters who fought to the last bullet and rather than surrender committed suicide by chewing on a cyanide capsule. Such people cannot be winkled out through police or military action because they are prepared to die rather than surrender. They can only be killed to the last man and this is the situation which the Sri Lankan Army faced. Obviously in a situation such as this civilian casualties could take place. The carpet bombing of Japanese and German cities which more or less exclusively killed civilians during the Second World War did not invite charges of genocide or war crime against the allies because they were the victors. Why should the Sri Lankan Government now be accused of these crimes for what happened during a war in which the taking of prisoners was a remote possibility? The United States Government moved a resolution in the United Nations Human Rights Commission (UNHRC) which virtually accused Sri Lanka of atrocities and worse and called for a plausible and credible investigation, obviously under international supervision. China and Pakistan voted against this resolution but India, under pressure from Tamil politicians and with the government facing a possibility of downfall if DMK withdrew support, voted for the resolution. In Sri Lankan eyes would not Pakistan and China be considered better friends than India? Does government have to be driven in foreign policy by Mamta Banerjee in the case of Bangladesh and M. Karunanidhi in the case of Sri Lanka? What about the self-interest of India? Has it ever occurred to our government that tomorrow if UNHRC adopts a resolution calling for a credible and plausible probe into alleged killing of innocent Sikhs by the Punjab Police, or human rights violation in Jammu & Kashmir by central forces, how would India react? No wonder India is no longer the flavour of the month in Colombo.

What are our options? First and foremost we should enter into a meaningful dialogue with the Sri Lankan Government for rehabilitation of Tamils and rebuilding of the northern districts. For this we should make available aid on an even more liberal scale than is being done in Afghanistan. The suggestions given by me to President Venkatraman are still valid and we should implement them. We should make it clear to the Sri Lankans that we believe that in the terms of the Thirteenth Amendment of the Constitution, within the overall ambit of the constitutional provision that Sri Lanka is a unitary state, the devolution of powers to the provinces must be done meaningfully, speedily and in the right spirit. If devolution is done then there would be a good case to argue that Jaffna Tamils do not have any grounds of grievance because both in intent and deed the Sri Lankan Government is keen to empower them to the maximum degree possible.

We have already lost Nepal to the Maoists and the Chinese despite the fact that Hindu and Buddhists in Nepal are so intrinsically a part of India that the two countries should actually breathe as one. This is because we have no policy towards Nepal. We are repeating the same mistake in Sri Lanka. The United States still has the Monroe Doctrine whereby there is a cordon sanitaire into which no third country can step. We do not have the advantage of a vast sea surround which protects continental America from the rest of the world. However, there are certain things on which we cannot compromise and that includes keeping Sri Lanka within the Indian zone of influence. As I have already stated there have been two armed interventions by India in Sri Lanka and to protect our interests there this is an option which must be available to us and of which the Sri Lankan Government must be aware. Economic and foreign policy ties between India and Sri Lanka must be very strong, but India must lay down the bottom line which can be transgressed by Sri Lanka only at peril. Will we ever have a government strong enough to do this? It is India’s interests which must govern our foreign policy and certainly the compulsions of Tamil politics cannot drive our policy towards Sri Lanka.

Monday, January 28, 2013

Sri Lanka: And Now the Judiciary


Dr. N Manoharan 
(Senior Fellow, VIF) 

When the Sri Lankan President Mahinda Rajapaksa signed an order removing the island state’s Supreme Court Chief Justice Shirani Bandaranaike on 13 January 2013, the consolidation of power was complete. In January 2010, Rajapaksa won the presidency for the second time trouncing his challenger Gen Sarath Fonseka, also a war hero. As the President, he has been firmly in control of the Executive. In the parliamentary elections held in April same year, his coalition – United People’s Freedom Alliance (UPFA) – won near two-thirds majority, the first time in the political history of Sri Lanka that a party or coalition getting a comfortable majority under proportional representation system. With his coalition controlling two-thirds majority and his brother as Speaker, Rajapaksa did not have any difficulty in getting what he wanted from the Legislature. One of the first legislation that Parliament passed was the 18th Amendment to the Constitution that lifted restriction on a President from contesting more than two times. Thus, Rajapaksa can continue as President of Sri Lanka beyond 2017, if he wins.

Judiciary usually toed the government line. Even Shirani Bandaranayake, as the Chief Justice, gave several pro-government judgements, notable among them being validating the 18th Amendment and abolition of independent commissions. She remained in the good books of the government until then. However, when she disagreed with the government on Divi Neguma Bill (that overlooked provinces on managing development funds), trouble started. She was accused of 14 charges in November 2012. A 11-member Parliament Select Committee (PSC) found her guilty of three charges that included failing to declare her earnings, of hearing a case in which she had an interest, and of continuing to hold the position of Chief Justice while a case against her husband was pending. Ironically, after the Opposition parties’ MPs pulled out, the PSC was left with only ruling party’s members. Shirani Bandaranayake herself boycotted the hearings citing doubts on fair hearing. Despite Court of Appeal’s restraint, and despite Supreme Court’s ruling that the PSC had “no legal authority” to declare guilty or pronounce a decision affecting the rights of the judge, Parliament went ahead in impeaching the Chief Justice. The voting count was 155 to 49, with 20 abstentions. The entire impeachment and removal process just took four months that is unimaginable in India. This was the first time that a serving Chief Justice of Supreme Court, with over 11 service remaining, got removed. By this Rajapaksa has proved what former President Jayewardene once proudly boasted, “the only thing that the Executive President cannot do is to make a man a woman and vice versa.”

By appointing his Cabinet’s legal advisor, Mohan Peiris, as the new Chief Justice, Rajapaksa has now consolidated all powers in the Presidency. ‘Separation of powers’, a Montesquieun model for governance of a democratic state, is no more. Media, considered as the ‘Fourth Pillar’ of democracy, was already under stifled mode. It is apparent that a “Constitutional Dictatorship” seems to have set in. What is more disconcerting is the way in which the Chief Justice was removed. Due process was not followed. President Rajapaksa, however, defended his decision by holding that he had acted in line with the Constitution. But, the President himself has admitted that the Constitution is “imperfect”. Then, is it not about time to correct those “imperfections”? Who else is in a better position with requisite majority than Rajapaksa to do it?

Sri Lankan lawyers have been protesting against the new Chief Justice thus creating a deadlock in normal hearing of cases. This, of course, may die down in due course. However, the message – that a submissive judiciary is acceptable, but not an assertive or independent one – sent by the removal of Shirani Bandaranayake will remain. It is bound to severely affect democratic institutions, rule of law and good governance in the long run. The domestic cost, therefore, is not “minimal”.

Further, the removal of Chief Justice has undoubtedly dented the image of Sri Lanka that was once famously referred to as a “model of Third World Democracy”. The move has come at a time when Sri Lanka is being severely criticised on accountability and human rights by the United Nations Human Rights Council (UNHRC). Like last year, the island state has to face the UNHRC scrutiny this March as well. It is vital to respect independence of judiciary if Sri Lanka wishes to call itself a democracy. Regime consolidation can come later.

Monday, September 17, 2012

The State of India-Sri Lanka Relations: Ethnic Issue as an Irritant


Dr. N. Manoharan
Senior Fellow, VIF

In the recent days, the southern Indian state of Tamil Nadu has figured in at least four issues pertaining to Sri Lanka: protests against training of Sri Lankan defence personnel in the state, threats to Sri Lankan pilgrims touring the state, turning over of Sri Lankan sports teams, and agitation over alleged attacks on Tamil Nadu fishermen by the Sri Lankan Navy. All these have resulted in an unusual response from Colombo in the form of a travel advisory directing its citizens not to visit Tamil Nadu. These incidents have also raised doubts on the upcoming visit of the Sri Lankan President, Mahinda Rajapaksa, to India. Few months back, the bilateral ties perceivably took a slight dip when India voted for a US-sponsored resolution advising Sri Lanka on post-conflict reconciliation measures. How far have these events impacted bilateral ties between the two countries?

Despite few strains from time-to-time, traditionally, bilateral relations between India and Sri Lanka have by-and-large been cordial. India has always stood by Sri Lanka’s difficult times and strived to remove those irritants that stood in the way of maintaining friendly relations. No two countries in the world enjoy bilateral relations as unique as India and Sri Lanka with differing characteristics. India is not only Sri Lanka’s closest, but also important and powerful neighbour. Relations between the two neighbours stretch to more than two millennia in wide-ranging areas – political, economic, socio-cultural and military. In the post-LTTE phase, the bilateral ties between the two countries have revolved around four issues: short and long-term aspects of the island’s ethnic issue, straying of fishermen, economic/trade interactions, and the role of forces inimical to Indian interests. Of all these, the dominance of the island’s ethnic question in steering the bilateral relations is telling.

Since the end of Eelam War IV, India has taken keen interest in the relief, rehabilitation and resettlement of those displaced by the conflict. Apart from providing requisite monetary assistance, India has sent 2,600 tonnes of galvanized steel sheets to construct shelter for approximately 5,000 families living in relief camps in northern Sri Lanka and an additional aid to construction of 50,000 houses to the IDPs. New Delhi has also deployed over eight demining teams in sanitising the conflict areas of landmines and unexploded objects to facilitate resettlement. From time-to-time India expressed concerns to the Sri Lankan government over the progress of the resettlement. To New Delhi, decent resettlement of the IDPs would also take care of hue and cry in Tamil Nadu over the humanitarian issue.

On the long-term aspect of the ethnic issue, India’s consistent position has been in favour of “a politically negotiated settlement acceptable to all sections of Sri Lankan society within the framework of an undivided Sri Lanka and consistent with democracy, pluralism and respect for human rights.” India wants Colombo to deliver a meaningful devolution package to the minorities. New Delhi believed that with the military defeat of the LTTE, the armed component of the Sri Lankan ethnic issue has come to an end, making the conflict resolution easier. However, to India’s disappointment, Colombo has not taken the political process forward. The report of much-hyped All Party Representative Committee (APRC) has long been forgotten. The focus then shifted to the report of Lessons Learnt and Reconciliation Commission (LLRC) submitted in November 2011. LLRC was a good step, but its mandate was very limited. Although it was not 100 percent objective, it was not disappointing either. It tried to do a balancing act containing both positive and negative aspects. On positives it talked about the need for demilitarisation, investigation of disappearances, apart from acknowledging existence of ethnic grievances; surprisingly, it supported devolution of powers to minorities, although did not spell them out. At the same time, it did not fix accountability for human rights abuses during Eelam War IV. On the killings during Eelam War IV, the report reasoned them out as a result of LTTE action and military reaction. Most importantly, the LLRC did not give any action plan on the way forward either on reconciliation or devolution. Yet, to India’s disappointment the implementation of recommendations of LLRC has been lethargic despite gentle reminders. It was in this context India supported US-sponsored resolution at the UN Human Rights Council in March this year. The move was not to upset Colombo, but with good intentions to move the process of reconciliation forward. India is convinced that a successful reconciliation is the first step in arriving at a meaningful long-term solution to the ethnic issue. In the present situation, devolution of powers to provinces through the ‘13th Amendment Plus Plus’ is a realistic option. There will be stiff opposition from the Sinhalese hardliners to this. However, riding on popular support, President Rajapaksa should be in a position to withstand these nationalistic pressures and forge an island-wide consensus for a lasting solution to the ethnic question.

All hoped that with the military defeat of the LTTE there would be a political settlement to the ethnic question. But, the issue lingers on. India has repeatedly conveyed its willingness to do whatever is required for the satisfactory resolution of the ethnic question in a manner that respects the sentiments of all the communities in Sri Lanka. New Delhi must voice its concerns without hesitation to ensure that Colombo moves forward in resolving the ethnic issue at the earliest and in all seriousness. Simultaneously, India, in the short-term, should continue to provide the resources required for the resettlement of IDPs and invest in the economic development of the war-ravaged Northeast of Sri Lanka. This will not only ensure that another armed conflict does not occur, but also open up immense economic opportunities for India. A durable peace in Sri Lanka will also take care of supplementary issues in the bilateral relations like security of Indian fishermen, the space for foreign powers like China and Pakistan in the island and, most importantly, anti-Sri Lankan sentiments in Tamil Nadu.

Tuesday, August 14, 2012

Sri Lanka: Where is the Reconciliation?



Dr. N. Manoharan
Senior Fellow, VIF

Sri Lanka has recently submitted the Universal Periodic Report to the United Nations Human Rights Council (UNHRC) on the status of implementation of recommendations made by Lessons Learnt and Reconciliation Commission (LLRC). The Report cites drafting of a National Action Plan1 to implement the LRRC recommendations and setting up of a Task Force to oversee the implementation as per the Action Plan. The Action plan has rearranged the 285 LLRC recommendations under five themes: International Humanitarian Law issues, Human Rights, Land Return and Resettlement, Restitution/ Compensatory Relief and Reconciliation. The key question is how serious is the Government of Sri Lanka on reconciliation and especially in finding a long-term political settlement to the ethnic issue?

On reconciliation, to pre-empt United Nations’ move to appoint an experts panel on “war crimes” during the last stages of war, Sri Lankan President appointed a eight-member Commission on ‘Lessons Learnt and Reconciliation’ (LLRC) in May 2010. LLRC is a good step, but its mandate is very limited and ethnic reconciliation in the real sense has not been looked into seriously. As per the notification, the Commission was mandated to inquire and report on the facts and circumstances which led to the failure of the ceasefire agreement (CFA) operationalised on February 21 2002 and the sequence of events that followed thereafter up to 19 May 2009 when the war ended; whether any person, group or institutions directly or indirectly bear responsibility; lessons to learn from those events and their attendant concerns in order to ensure that there will be no recurrence; and methodology whereby restitution to any person affected by those events or their dependents or their heirs, can be effected.2 The assumption that the CFA was a failure is not true. Although, it is claimed that the LLRC is on the model of Truth and Reconciliation Commission of South Africa, there is no mechanism for reconciliation in the real sense. When the LLRC submitted its report in December 2011, things became clear. Although it was not 100 percent objective, it was not disappointing either.3 It tried to do a balancing act containing both positive and negative aspects. On positives it talked about the need for demilitarisation, investigation of disappearances, apart from acknowledging existence of ethnic grievances; surprisingly, it supported devolution of powers to minorities, although it did not spell them out. At the same time, it did not fix accountability for human rights abuses during Eelam War IV. On the collateral damage, the report reasoned that as a result of LTTE action and military reaction. Most importantly, the LLRC did not give any action plan on the way forward either on reconciliation or devolution. Yet, the major concern is that the need for fuller implementation of whatever the LLRC report has recommended. This was the main emphasis of the resolution passed in March 2012 at the UNHRC meeting in Geneva.4

Efforts in finding a long-term political settlement to the ethnic issue is nowhere in sight. Devolution of powers to the minorities seems to be the last priority. The Rajapaksa government has been talking of finding a “home grown solution” to the ethnic issue. In this regard, President Rajapaksa did appoint an ‘All Party Representative Committee’ (APRC) in 2006 to “fashion creative options that satisfy minimum expectations as well as provide a comprehensive approach to the resolution of the national question”. However, instead of exploring “creative options”, the APRC, in its interim report submitted in January 2008, advised the President to implement the 13th amendment to the Constitution, which outlined devolution to the provinces in the aftermath of the Indo-Sri Lankan Accord of 1987. Even after 20 years, ideas for seeking a solution were back to square one. At last, the APRC reportedly submitted its final report to the President in June 2010. The President, however, chose not to make it public as of now.5 It is more or less a dead piece of document, though the process is being continued through a Parliament Select Committee appointed to forge a consensus on the issue.

Tamil minorities called the PSC appointment as a “time-buying tactic”, but President Mahinda Rajapaksa, in an interview, observed that “We are keen on a sustainable political settlement. But it must have wide acceptance, especially in the context of the post-conflict situation.”6 When this pronouncement is taken seriously, writing on the wall is clear. At the maximum, what is on cards is some arrangement revolving around the existing 13th amendment. Through 13th Amendment, the island was divided into various provinces and granted some powers under Provincial List. However, the Provincial Councils lacked sufficient powers – especially land, police and finance – to run their affairs in an efficient manner. In addition, the Centre wields immense powers of overruling any of Provincial decisions. Instead of strengthening the Provinces, the present government is planning to dilute the present arrangement further. Unless there is genuine power sharing, the Provincial Council arrangement will be mere eyewash.

The Rajapaksa government also has to go beyond the constitutional tinkering in reaching out to minorities by showing magnanimity. Trust deficit that exists between various communities of the island must be bridged on a priority basis. Talks with TNA were a good move, but that did not take things any further. Any kind of sincere confidence building measure will go a long way in assuaging the Tamil diaspora that is presently keeping the hopes of Tamil Eelam alive. It is important for the Sri Lankan government to constructively engage the diaspora to make them positively contribute to the development of the country.
In the same vein, the Sri Lankan government must count-in the Opposition’s contribution in the nation-building. Without bi-partisan consensus, any political settlement to the ethnic question would be unsustainable. Political history of Sri Lanka since independence is witness to this. Colombo should also reconcile diplomatically with the West that is upset with former’s stand on human rights issues. Western and UN concerns are genuine and there is no “Church conspiracy” in this. It is vital to have them as ‘partners in development’ rather than overly depending on countries like China.

Endnotes
  1. The full text of the Action Plan is available at http://www.priu.gov.lk/news_update/Current_Affairs/ca201207/20120726national_plan_action.htm, accessed on 12 August 2012.
  2. For the text of the Warrant issued by President Mahinda Rajapaksa dated 15 May 2010, see http://www.priu.gov.lk/news_update/LLRC%20news/20100826warrent_issued.htm
  3. Full report of the LLRC is available at http://www.priu.gov.lk/news_update/Current_Affairs/ca201112/FINAL%20LLRC%20REPORT.pdf, accessed on 12 August 2012.
  4. UN Human Rights Council, ‘Resolution Promoting Reconciliation and Accountability in Sri Lanka,’ 19th Session, 22 March 2012, Full text of the Resolution is available at http://geneva.usmission.gov/2012/03/22/sri-lanka-resolution/, accessed on 13 August 2012.
  5. Leaked version of the final report is available at http://www.groundviews.org/wp-content/uploads/July-20-APRC-Final-Report.pdf, accessed on 13 August 2012.
  6. Interview with Sri Lankan President Mahinda Rajapaksa by R. Bhagwan Singh, Asian Age, 28 December 2011.