With bombs exploding in European capitals and other parts of the world, Sri Lanka finds itself in unique position in the world. It is a country that has not experienced a single act of terrorism in nearly seven years. The last of the terrorism ended in May 2009 when the three decade long internal war came to an end, albeit in a most violent way which has given rise to the international denunciation of war crimes. However, when comparing Sri Lanka to other parts of the world it is remarkable that following the end of the war there has been no act of terrorism. A part of the reason would be the years of experience gained in identifying and tracking down terrorist threats.
The government has begun to respond to the mounting criticism of its handling of the economy by explaining the background to the current economic crisis. The difficulty of the government to deliver economic benefits to the general population for more than a year since it assumed office is the biggest drawback it is facing at the popular level. Last week, development strategies and international trade minister Malik Samarawickrama gave a clear explanation of the government’s position on the economy in parliament. He pointed out that there were both external and internal constraints on Sri Lanka’s economic situation that were beyond the control of the present government. The external constraints included the economic downturn in China, the ongoing crisis in the middle east, the impact of the Syrian crisis on European economies and interest rate increase in the United States.
One of the positive features of the present time is the unity of the top leadership of the mainstream political parties. This was demonstrated in the eastern district of Ampara last week when the Sri Lanka Muslim Congress (SLMC) held its annual convention under the leadership of Minister Rauf Hakeem. The event was attended by President Maithripala Sirisena, Prime Minister Ranil Wickremesinghe, Opposition and Tamil National Alliance leader R Sampanthan, and Minister Mano Ganesan of the Democratic People’s Front representing the Indian-origin Tamils. Each of these leaders represents the mainstream of each of the ethnic communities that together constitute the Sri Lankan nation. There was a visible manifestation of goodwill and partnership between the respective party leaders on this occasion which was evidenced by the speeches they made.
The issue of international participation in Sri Lanka’s transition process continues to remain a matter of speculation with different pronouncements being made by different members of the government. However, support for an international role in ascertaining the truth of what happened in the last phase of the war has received a boost due to the maiden speech in parliament made by former army commander Field Marshal Sarath Fonseka. His credentials as a champion of Sri Lanka’s sovereignty and unity as a state cannot be denied even by his political opponents. It was he who turned round the military debacles of an earlier period and achieved military success by leading from the front. Speaking in Parliament the former army commander said that Sri Lanka should permit foreign observers to participate in any inquiry on whether war crimes had been committed in the last phase of the country’s war.
The visit by Foreign Minister Mangala Samaraweera to the United States last month, and his assurance that the Sri Lankan government is contemplating international participation in the post-war acccountability process is an indicator of the pressure that the government is being subjected to on this issue. Neither the improvement in relations between Sri Lanka and the Western-led international community, nor the improvement in the human rights situation on the ground, is getting the international community to relent on the issue of international participation. However, there appears to be a willingness to give the government more time. The UN Human Rights Council resolution, which was co-sponsored by the Sri Lankan government last October, had highlighted “the importance of participation in a Sri Lankan judicial mechanism, including the Special Counsel’s office, of Commonwealth and other foreign judges, defense lawyers and authorised prosecutors and investigators.”
At the next session of the UN Human Rights Council this March the government will need to present an update of its progress with regard to the resolution passed in October 2015. There has been some progress made by the government. More and more land in the North taken over by the military during the war is being returned, although about half of it still remains under military control. There has been a marked improvement in the freedom of movement and freedom of speech experienced in all parts of the country, and particularly in the former conflict zones. However, so far there has been little visible progress on establishing the mechanisms outlined by Foreign Minister Mangala Samaraweera in the run up to the last session of the UN Human Rights Council last year. It was in this context that his visit to the United States and the positive US endorsement of the Sri Lanka’s reconciliation process is important.
February 22 marks the anniversary of the signing of the Ceasefire Agreement in 2002 between the government and LTTE with Norwegian facilitation. This was an unexpected development that brought hope to the country that the war would come to an end and a peaceful solution to the ethnic conflict would be possible. Faced with the prospect of economic collapse, and a protracted war, the government of that time headed by Prime Minister Ranil Wickremesinghe sought to break the stalemate with a bold initiative. The sudden cessation of armed conflict came as a relief to the general population and almost immediately the wounds of war began to heal with people traveling for business and tourism from the north to the south and to the east. The benefits to the people of the peace process made it seem that it had become irreversible. But what was not seen so well at that time was that the ceasefire was only the start of the process, not its end. There needed to be a sustainable political solution that addressed the roots of the conflict.
The visit of UN High Commisssioner for Human Rights Zeid Ra’ad Al Hussein went more smoothly than expected for the government. The weeks before the visit of the High Commissioner had seen President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe making apparently contradictory statements on the issue of international participation in the post-war reconciliation mechanisms, especially in relation to the judiciary and accountability. This led to concern about the possibility of the government backtracking on the commitments it had made as a co-signatory to the UNHRC resolution in Geneva in October 2015. There was also concern that the visiting UN dignitary would be critical of the government’s approach to the post-war reconciliation process while in the country.
Prior to Independence Day there was an increasing concern about the extent of President Maithripala Sirisena’s commitment to the reconciliation process. These doubts surfaced with the President’s declaration that there would be no international involvement on issues arising from the war. He followed this up by saying that no war crimes had been committed in Sri Lanka and that the UN report only alleged human rights violations. Both of these assertions were given wide media publicity. They contradicted the government’s agreement with the UN Human Rights Council regarding international participation of foreign judges, prosecutors and investigators in a judicial accountability mechanism. It was left to Prime Minister Ranil Wickremesinghe to exercise his damage control skills and assure the international community that Sri Lanka would stand by its international commitments.
President Maithripala Sirisena’s rejection of foreign involvement in the judicial accountability process in Sri Lanka has once again brought to the fore the difficult issue of war crimes in the course of the war. The most controversial aspect of the UN Human Rights Council resolution that was co-signed by the Sri Lankan government last October was the need for international participation in the judicial accountability mechanism. The UNHRC resolution stated that it “affirms that a credible justice process should include independent judicial and prosecutorial institutions led by individuals known for integrity and impartiality; and further affirms in this regard the importance of participation in a Sri Lankan judicial mechanism, including the Special Counsel’s office, of Commonwealth and other foreign judges, defence lawyers, and authorised prosecutors and investigators.”