Features
Geneva odyssey: More confrontation or new approach?
by Rajan Philips
Prime Minister Mahinda Rajapaksa who made the surprising call for the government cancelling the ECT deal with India and Japan, has made another surprising and really a gallant announcement giving the green light for allowing burials for Muslim and Christian victims of Covid-19. If the Ministry of Health has been caught unawares by the PM’s statement in parliament, well, they had better get used to it. But no sooner had the government appeared to have cremated the burial issue than Cardinal Malcom Ranjith raised a new headache for the government – threatening to take his case for justice for the victims of the 2019 Easter Sunday attacks to international courts, if there is no assurance of justice through domestic investigations. That is a shocker even though it is no more than a threat for now.
The Cardinal is manifestly unhappy with the course of the investigations so far. Not only does he want to uncover those who masterminded the attacks, he also wants those who ignored prior warnings about the attacks to be exposed and punished. It is over the latter part that the government seems to be getting tied up in the usual coverup knots. As a straightshooter the Cardinal wants total transparency, but Sri Lanka parted with transparency in investigating political crimes decades ago. What has become is a culture of opacity and coverup.
If His Eminence could use his spiritual capital to successfully shake up Sri Lanka’s culture of opacity in the cover-up of crimes by successive governments, he would have brought deliverance to all Sri Lankans in this world before they even get to the other world or into the cycle of rebirth. Without that deliverance, or getting on the path to it, Sri Lanka cannot get out of the muddle it has made for itself at the UNHRC and cannot avoid the annual pilgrimage to Geneva.
Put another way, it is the culture of opacity and the web of cover-ups involving political crimes that seriously undermines the government’s nationalistic assertions against war crimes investigations at the UNHRC. Conversely, Tamil leaders who insist on international war crimes investigations/prosecutions against Sri Lanka are cynically unconcerned about doing anything about the broken-down domestic criminal justice system. A troubling intersection of these two tendencies has come about in what the Amnesty International has called, “the collapse of Joseph Pararajasingham murder case.”
Amnesty International was responding to the acquittal of of MP S. Chandrakanthan and four others in the 2005 assassination of TNA MP Joseph Pararajasingham, and the announcement by the Attorney General’s Office that it would be dropping the charges against the suspects. According to AI, this is “another sorry milestone in the Sri Lankan authorities’ continued failure to ensure justice for crimes committed during the armed conflict.” It is also disturbing for the silence among the Tamils over this particular travesty of justice. And Sri Lanka’s parliament cares nothing about accountability for the murder of one its own MPs, but welcomes those accused or convicted of murder so long as they are able to become MPs, not by winning a direct election but by getting a spot on the winning list of a political party. Once on the nomination list, criminals can campaign for mercy votes to avoid conviction. And they succeed!
Old JR’s New Mutation
For Amnesty International, the collapse of the Pararajasingham murder case is a natural outcome of the government’s withdrawal in February 2020, from the UNHRC resolution (30/1) committing the country to promoting reconciliation, accountability, and human rights. A less natural outcome is the alleged intention of the government to take away the civic rights of opposition political leaders and public servants based on the contentious report of a controversial Presidential Commission of Inquiry into Political Victimization. True to its name, and without any irony, the Commission would appear to have prepared its own list of names for political victimization by the government that appointed it.
Forty years ago, President JR Jayewardene invented the devise of presidential commission of inquiry to deprive his chief political opponent Sirimavo Bandaranaike, and two others from her government, of their civic rights. That was a disgraceful and damaging exercise of political power and no successor of JR Jayewardene wanted to repeat what Sri Lanka’s inaugural President did. Until now, that is, and that too with a long list of names. The list allegedly includes Ranil Wickremesinghe, Patali Champika Ranawaka, Dr. Rajitha Senaratne, Field Marshal Sarath Fonseka, JVP leader Anura Kumara Dissanayake, SLMC leader Rauff Hakeem and TNA leader R. Sampanthan. Perhaps, more can be added and merrier it would be for Sri Lanka’s democracy.
The JVP leader has colourfully told President Gotabaya Rajapaksa what to do with the Commission’s report. The question is what is the President thinking that he can do with the report, its list, and its recommendations? After precipitously withdrawing from the UNHRC resolution on postwar reconciliation, the government seems to be incubating more Sri Lankans to go to Geneva to pitch their grievances against the government before the UNHRC. The Commission on political victimization seems to be setting up everyone in the opposition – from Ranil Wickremesinghe to R. Sampanthan, to seek justice outside Sri Lanka for injustice within Sri Lanka.
Already, a line up of Sri Lankans seeking redress in Geneva seems to be starting. International justice and journalist organizations are reportedly urging the UNHRC to adopt a new resolution asking the Sri Lankan Government to “cease harassment, surveillance and attacks against journalists and law enforcement officers who investigated attacks on journalists,” and to immediately release former CID Director Shani Abeysekara. It will not be long before, if not already, UNHRC will be petitioned for similar resolutions on behalf of long detained human rights lawyer Hejaaz Hizbullah, whose only palpable cause for detention without charges is that he is a Muslim. No one knows what the future holds for another Muslim professional, Dr. Mohammad Shafi, or whether he too will be forced to seek redress in Geneva.
Withdrawal Effects
We do not know what plans the government had to deal with UNHRC when it unilaterally withdrew from the Council’s resolution co-sponsored by the previous yahapalanaya government. Perhaps, the withdrawal was more for dramatic political effect at home than for strategically dealing with a serious matter in Geneva. One year after, there is no plan to see, and the government has neither results at home nor a new strategic plan to show in Geneva. If anything, the exercise of the political victimization commission will only be an embarrassment for the government delegates in Geneva. On the other hand, the government’s Tamil and Muslim detractors will be citing Cardinal Malcolm Ranjith’s threat of going to international courts, with much approval and for maximum effect.
The vacuum created by the government’s inaction, not to mention unnecessary misdoings, is being filled locally and in Geneva in ways that the government clearly has failed to foresee. Regardless of what position one takes on it, the latest report of UN Human Rights Commissioner Michelle Bachelet on Sri Lanka is an escalation from its predecessors. For the first time, the Commissioner is calling for targeted punitive actions by member states against perpetrators of human rights violations in Sri Lanka.
As Dayantha Laksiri Mendis has cogently pointed out (The Island, Friday, February 12) a new proposed Geneva Resolution could be “devastating for Sri Lanka if it is based on the Report of the UN High Commissioner for HR.” He goes on to suggest that “it is desirable at this point of time to draft a counter resolution and outline Sri Lanka’s proposals relating to reconciliation and accountability without taking a confrontational approach.” Specifically, Mr. Mendis’ advice is to “draft a counter resolution and identify how we intend to deal with reconciliation and accountability taking into account ground realities, constitutional provisions and the political ramifications.” So, will it be more confrontation or a new approach to reconciliation and accountability? That is the question.
The local withdrawal effects have been quite a few, and the government should be wise to emerging new mutations of opposition and protest and learn to engage with them more positively and unlearn the old ways of counterproductive confrontation. There are signs of both within the government, although the confrontational approach is clearly having the upper hand. The most blatant and ill-advised sign of confrontation is the government’s withdrawal of the high security detail provided to TNA MP M. A. Sumanthiran because he participated in the P2P protest march in violation of a court order. Technically, he was in no such violation, and even if he was it was a matter for the courts and not a government minister to act upon.
As for P2P, the alliterative abbreviation for the five-day march from Pottuvil in the east to Polikandi in the Jaffna Peninsula, it is an instance of local political filling the void of government inaction in the north and east. The purpose of the march was to highlight the yet unresolved issues of missing persons, denial of space and right to commemorate their memory, return of land, the fate of people indefinitely detained without any legal process, and the new concern over the present government’s archaeological expeditions. The march was organized by Tamil political groups with participation by Muslims and plantation Tamils and the highlighting of their concerns. One would hope that the government would have the wisdom to view this development not as a challenge to be put down, but as an opportunity to engage with the people in the north and east and their representatives to address their day to day problems. It is also an opportunity for President Rajapaksa to extend his much vaunted village visitations to include the villages in the two, as SJV Chelvanayakam called them, “deficit provinces” of Sri Lanka.
The antibodies within the government to the virus of confrontation are admittedly weak, but nonetheless deserve due acknowledgment. It is remarkable that the Socialist Alliance leaders are consistently principled on the question of devolution and the continuation of the provincial council system. Equally heartening is the fact that the Lawyers’ Forum for the People held their news conference last week to warn about the ridiculous recommendations of the Presidential Commission of Inquiry into political victimization (PCOI), at the Dr. NM Perera Center in Colombo. They could not have found a more appropriate place for it.
To modify what Colvin R de Silva said about his legal luminary colleague S. Nadesan, NM Perera was a unique Sri Lankan who could have talked constitution to any forum anywhere in the world. In Sri Lanka, as Pieter Keuneman said it, NM was the jewel of parliament. And it is too much to expect the current parliament to live up to the high standards that were set by NM and his generation of parliamentarians. What should be worrisome at the same time, is that the current parliament has got itself a majority to enact a new constitution drafted by a committee that has no political or constitutional experience at all. Whether what they will create would be appropriate for a future UNHRC resolution is a different matter that we can only wait to see.
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There’s an ill more dangerous and pervasive than the Coronavirus that’s currently sweeping Sri Lanka. That is the fear to express one’s convictions. Across the public sector of the country in particular many persons holding high office are stringently regulating and controlling the voices of their consciences and this bodes ill for all and the country.
The corrupting impact of fear was discussed in this column a couple of weeks ago when dealing with the military coup in Myanmar. It stands to the enduring credit of ousted Myanmarese Head of Government Aung San Suu Kyi that she, perhaps for the first time in the history of modern political thought, singled out fear, and not power, as the principal cause of corruption within the individual; powerful or otherwise.
To be sure, power corrupts but the corrupting impact of fear is graver and more devastating. For instance, the fear in a person holding ministerial office or in a senior public sector official, that he would lose position and power as a result of speaking out his convictions and sincere beliefs on matters of the first importance, would lead to a country’s ills going unaddressed and uncorrected.
Besides, the individual concerned would be devaluing himself in the eyes of all irrevocably and revealing himself to be a person who would be willing to compromise his moral integrity for petty worldly gain or a ‘mess of pottage’. This happens all the while in Lankan public life. Some of those who have wielded and are wielding immense power in Sri Lanka leave very much to be desired from these standards.
It could be said that fear has prevented Sri Lanka from growing in every vital respect over the decades and has earned for itself the notoriety of being a directionless country.
All these ills and more are contained in the current controversy in Sri Lanka over the disposal of the bodies of Covid victims, for example. The Sri Lankan polity has no choice but to abide by scientific advice on this question. Since authorities of the standing of even the WHO have declared that the burial of the bodies of those dying of Covid could not prove to be injurious to the wider public, the Sri Lankan health authorities could go ahead and sanction the burying of the bodies concerned. What’s preventing the local authorities from taking this course since they claim to be on the side of science? Who or what are they fearing? This is the issue that’s crying out to be probed and answered.
Considering the need for absolute truthfulness and honesty on the part of all relevant persons and quarters in matters such as these, the latter have no choice but to resign from their positions if they are prevented from following the dictates of their consciences. If they are firmly convinced that burials could bring no harm, they are obliged to take up the position that burials should be allowed.
If any ‘higher authority’ is preventing them from allowing burials, our ministers and officials are conscience-bound to renounce their positions in protest, rather than behave compromisingly and engage in ‘double think’ and ‘double talk’. By adopting the latter course they are helping none but keeping the country in a state of chronic uncertainty, which is a handy recipe for social instabiliy and division.
In the Sri Lankan context, the failure on the part of the quarters that matter to follow scientific advice on the burials question could result in the aggravation of Islamophobia, or hatred of the practitioners of Islam, in the country. Sri Lanka could do without this latter phobia and hatred on account of its implications for national stability and development. The 30 year war against separatist forces was all about the prevention by military means of ‘nation-breaking’. The disastrous results for Sri Lanka from this war are continuing to weigh it down and are part of the international offensive against Sri Lanka in the UNHCR.
However, Islamophobia is an almost world wide phenomenon. It was greatly strengthened during Donald Trump’s presidential tenure in the US. While in office Trump resorted to the divisive ruling strategy of quite a few populist authoritarian rulers of the South. Essentially, the manoeuvre is to divide and rule by pandering to the racial prejudices of majority communities.
It has happened continually in Sri Lanka. In the initial post-independence years and for several decades after, it was a case of some populist politicians of the South whipping-up anti-Tamil sentiments. Some Tamil politicians did likewise in respect of the majority community. No doubt, both such quarters have done Sri Lanka immeasurable harm. By failing to follow scientific advice on the burial question and by not doing what is right, Sri Lanka’s current authorities are opening themselves to the charge that they are pandering to religious extremists among the majority community.
The murderous, destructive course of action adopted by some extremist sections among Muslim communities world wide, including of course Sri Lanka, has not earned the condemnation it deserves from moderate Muslims who make-up the preponderant majority in the Muslim community. It is up to moderate opinion in the latter collectivity to come out more strongly and persuasively against religious extremists in their midst. It will prove to have a cementing and unifying impact among communities.
It is not sufficiently appreciated by governments in the global South in particular that by voicing for religious and racial unity and by working consistently towards it, they would be strengthening democratic development, which is an essential condition for a country’s growth in all senses.
A ‘divided house’ is doomed to fall; this is the lesson of history. ‘National security’ cannot be had without human security and peaceful living among communities is central to the latter. There cannot be any ‘double talk’ or ‘politically correct’ opinions on this question. Truth and falsehood are the only valid categories of thought and speech.
Those in authority everywhere claiming to be democratic need to adopt a scientific outlook on this issue as well. Studies conducted on plural societies in South Asia, for example, reveal that the promotion of friendly, cordial ties among communities invariably brings about healing among estranged groups and produces social peace. This is the truth that is waiting to be acted upon.
Author
By Sanjeewa Jayaweera
It was on 3rd January 1972 that our family arrived in Karachi from Moscow. Our departure from Moscow had been delayed for a few weeks due to the military confrontation between Pakistan and India. It ended on 16th December 1971. After that, international flights were not permitted for some time.
The contrast between Moscow and Karachi was unbelievable. First and foremost, Moscow’s temperature was near minus 40 degrees centigrade, while in Karachi, it was sunny and a warm 28 degrees centigrade. However, what struck us most was the extreme warmth with which the airport authorities greeted our family. As my father was a diplomat, we were quickly ushered to the airport’s VIP Lounge. We were in transit on our way to Rawalpindi, the airport serving the capital of Islamabad.
We quickly realized that the word “we are from Sri Lanka” opened all doors just as saying “open sesame” gained entry to Aladdin’s cave! The broad smile, extreme courtesy, and genuine warmth we received from the Pakistani people were unbelievable.
This was all to do with Mrs Sirima Bandaranaike’s decision to allow Pakistani aircraft to land in Colombo to refuel on the way to Dhaka in East Pakistan during the military confrontation between Pakistan and India. It was a brave decision by Mrs Bandaranaike (Mrs B), and the successive governments and Sri Lanka people are still enjoying the fruits of it. Pakistan has been a steadfast and loyal supporter of our country. They have come to our assistance time and again in times of great need when many have turned their back on us. They have indeed been an “all-weather” friend of our country.
Getting back to 1972, I was an early beneficiary of Pakistani people’s love for Sri Lankans. I failed the entrance exam to gain entry to the only English medium school in Islamabad! However, when I met the Principal, along with my father, he said, “Sanjeewa, although you failed the entrance exam, I will this time make an exception as Sri Lankans are our dear friends.” After that, the joke around the family dinner table was that I owed my education in Pakistan to Mrs B!
At school, my brother and I were extended a warm welcome and always greeted “our good friends from Sri Lanka.” I felt when playing cricket for our college; our runs were cheered more loudly than of others.
One particular incident that I remember well was when the Embassy received a telex from the Foreign inistry. It requested that our High Commissioner seek an immediate meeting with the Prime Minister of Pakistan, Mr Zulifikar Ali Bhutto (ZB), and convey a message from Mrs B. The message requested that an urgent shipment of rice be dispatched to Sri Lanka as there would be an imminent rice shortage. As the Ambassador was not in the station, the responsibility devolved on my father.
It usually takes about a week or more to get an audience with the Prime Minister (PM) of a foreign country due to their busy schedule. However, given the urgency, my father spoke to the Foreign Ministry’s Permanent Sectary, who fortunately was our neighbour and sought an urgent appointment. My father received a call from the PM’s secretary around 10 P.M asking him to come over to the PM’s residence. My father met ZB around midnight. ZB was about to retire to bed and, as such, was in his pyjamas and gown enjoying a cigar! He had greeted my father and had asked, “Mr Jayaweera, what can we do for great friend Madam Bandaranaike?. My father conveyed the message from Colombo and quietly mentioned that there would be riots in the country if there is no rice!
ZB had immediately got the Food Commissioner of Pakistan on the line and said, “I want a shipload of rice to be in Colombo within the next 72 hours!” The Food Commissioner reverted within a few minutes, saying that nothing was available and the last export shipment had left the port only a few hours ago to another country. ZB had instructed to turn the ship around and send it to Colombo. This despite protests from the Food Commissioner about terms and conditions of the Letter of Credit prohibiting non-delivery. Sri Lanka got its delivery of rice!
The next was the visit of Mrs B to Pakistan. On arrival in Rawalpindi airport, she was given a hero’s welcome, which Pakistan had previously only offered to President Gaddafi of Libya, who financially backed Pakistan with his oil money. That day, I missed school and accompanied my parents to the airport. On our way, we witnessed thousands of people had gathered by the roadside to welcome Mrs B.
When we walked to the airport’s tarmac, thousands of people were standing in temporary stands waving Sri Lanka and Pakistan flags and chanting “Sri Lanka Pakistan Zindabad.” The noise emanating from the crowd was as loud and passionate as the cheering that the Pakistani cricket team received during a test match. It was electric!
I believe she was only the second head of state given the privilege of addressing both assemblies of Parliament. The other being Gaddafi. There was genuine affection from Mrs B amongst the people of Pakistan.
I always remember the indefatigable efforts of Mr Abdul Haffez Kardar, a cabinet minister and the President of the Pakistan Cricket Board. From around 1973 onwards, he passionately championed Sri Lanka’s cause to be admitted as a full member of the International Cricket Council (ICC) and granted test status. Every year, he would propose at the ICC’s annual meeting, but England and Australia’s veto kept us out until 1981.
I always felt that our Cricket Board made a mistake by not inviting Pakistan to play our inaugural test match. We should have appreciated Mr Kardar and Pakistan’s efforts. In 1974 the Pakistan board invited our team for a tour involving three test matches and a few first-class games. Most of those who played in our first test match was part of that tour, and no doubt gained significant exposure playing against a highly talented Pakistani team.
Several Pakistani greats were part of the Pakistan and India team that played a match soon after the Central Bank bomb in Colombo to prove that it was safe to play cricket in Colombo. It was a magnificent gesture by both Pakistan and India. Our greatest cricket triumph was in Pakistan when we won the World Cup in 1996. I am sure the players and those who watched the match on TV will remember the passionate support our team received that night from the Pakistani crowd. It was like playing at home!
I also recall reading about how the Pakistani government air freighted several Multi Barrell artillery guns and ammunition to Sri Lanka when the A rmy camp in Jaffna was under severe threat from the LTTE. This was even more important than the shipload of rice that ZB sent. This was crucial as most other countries refused to sell arms to our country during the war.
Time and again, Pakistan has steadfastly supported our country’s cause at the UNHCR. No doubt this year, too, their diplomats will work tirelessly to assist our country.
We extend a warm welcome to Mr Imran Khan, the Prime Minister of Pakistan. He is a truly inspirational individual who was undoubtedly an excellent cricketer. Since retirement from cricket, he has decided to get involved in politics, and after several years of patiently building up his support base, he won the last parliamentary elections. I hope that just as much as he galvanized Sri Lankan cricketers, his political journey would act as a catalyst for people like Kumar Sangakkara and Mahela Jayawardene to get involved in politics. Cricket has been called a “gentleman’s game.” Whilst politics is far from it!.
Author
Believe me, seeing certain videos, on social media, depicting action, on the dance floor, at some of these entertainment venues, got me wondering whether this Coronavirus pandemic is REAL!
To those having a good time, at these particular venues, and, I guess, the management, as well, what the world is experiencing now doesn’t seem to be their concerned.
Obviously, such irresponsible behaviour could create more problems for those who are battling to halt the spread of Covid-19, and the new viriant of Covid, in our part of the world.
The videos, on display, on social media, show certain venues, packed to capacity – with hardly anyone wearing a mask, and social distancing…only a dream..
How can one think of social distancing while gyrating, on a dance floor, that is over crowded!
If this trend continues, it wouldn’t be a surprise if Coronavirus makes its presence felt…at such venues.
And, then, what happens to the entertainment scene, and those involved in this field, especially the musicians? No work, whatsoever!
Lots of countries have closed nightclubs, and venues, where people gather, in order to curtail the spread of this deadly virus that has already claimed the lives of thousands.
Thailand did it and the country is still having lots of restrictions, where entertainment is concerned, and that is probably the reason why Thailand has been able to control the spread of the Coronavirus.
With a population of over 69 million, they have had (so far), a little over 25,000 cases, and 83 deaths, while we, with a population of around 21 million, have over 80,000 cases, and more than 450 deaths.
I’m not saying we should do away with entertainment – totally – but we need to follow a format, connected with the ‘new normal,’ where masks and social distancing are mandatory requirements at these venues. And, dancing, I believe, should be banned, at least temporarily, as one can’t maintain the required social distance, while on the dance floor, especially after drinks.
Police spokesman DIG Ajith Rohana keeps emphasising, on TV, radio, and in the newspapers, the need to adhere to the health regulations, now in force, and that those who fail to do so would be penalised.
He has also stated that plainclothes officers would move around to apprehend such offenders.
Perhaps, he should instruct his officers to pay surprise visits to some of these entertainment venues.
He would certainly have more than a bus load of offenders to be whisked off for PCR/Rapid Antigen tests!
I need to quote what Dr. H.T. Wickremasinghe said in his article, published in The Island of Tuesday, February 16th, 2021:
“…let me conclude, while emphasising the need to continue our general public health measures, such as wearing masks, social distancing, and avoiding crowded gatherings, to reduce the risk of contact with an infected person.
“There is no science to beat common sense.”
But…do some of our folks have this thing called COMMON SENSE!
