Political Commentary

The speech by UN Secretary General Ban Ki-moon when he was in Sri Lanka that referred to Sri Lanka along with Rwanda and Srebrenica has created political controversy. In remarks that deviated from the prepared text of his speech, the UNSG said “…something more terrible, serious happened in the past. In 1994 in Rwanda there was a massacre. More than one million people were massacred. The UN felt responsible for that…We said repeatedly ‘Never again, Never again’…It happened just one year after in Srebrenica… We did it again in Sri Lanka...” The opposition has made this into one of their key issues against the government. They have alleged that the references to Rwanda and Srebrenica are indicators that the UN system is pushing ahead with its agenda of labeling Sri Lanka as guilty of the international crime of genocide and punishing those who ensured the military victory over the LTTE.

Government leaders have been saying that the draft constitution will be placed before the Parliament prior to the budget debate that takes place in November. A new constitution which would require a referendum could prove to be the government’s Waterloo if the people reject it. Last week Chairman of the Public Representations Committee Lal Wijenayake, made an announcement that five of the six sub-committees of Parliament that had been delegated the task of submitting reports on various aspects of the new constitution had completed their work. The Public Representations Committee (PRC), appointed by the Prime Minister with 19 other members, made a special effort in consultations with the general public on the matters connected with the drafting of the new constitution. Chairman Wijenayake assured those who had made submissions to the PRC that their views would be taken into account in the drafting of the new constitution.

The visit last week to Sri Lanka of UN Secretary General Ban Ki-moon was in contrast to his previous visit in 2009, a few weeks after the country’s three decade long internal war came to its violent denouement. With the aftershocks of the war still subsiding his visit was neither encouraged nor welcomed by the then government. This time around the Sri Lankan government actively sought the visit of the UN Secretary General. It had achievements to show, and highlight, as they were oriented to good governance and reconciliation. Mr Ban Ki-moon appreciated the passage of the 19th Amendment to the constitution whereby the newly elected president voluntarily relinquished some of the extraordinary powers vested in the presidency. He also referred to the Right to Information Act which brings Sri Lanka to the fore of transparent government in terms of its potential.

The constitutional reform process moving forward rapidly, though without a high level of publicity, indicates that the government leadership has a businesslike approach to political reform. It is reported that four of the six subcommittees who were given different areas of constitutional reform to deal with have handed in their reports to the steering committee on constitutional reform headed by Prime Minister Ranil Wickremesinghe, which is responsible for producing the draft constitution. The subcommittees are on Fundamental Rights, Judiciary, Law and Order, Centre Periphery Relations, Public Finance and the Nature of the State. The government appears to be making the best use of the opportunity that has presented itself in the form of the government of national unity, which gives it a 2/3 majority in Parliament, capable of getting even controversial legislation through. Some of the constitutional reforms will be controversial, especially those provisions that relate to the ethnic conflict. The absence of fanfare may be because the government prefers to get those through the parliamentary hurdle first before taking them to the people.

The visit to Sri Lanka of Norwegian Prime Minister Erna Solberg to Sri Lanka was significant as it confirmed that the long and positive relationship that Norway has had with Sri Lanka is back on track. The two visits earlier this year of Foreign Minister Børge Brende and Foreign Secretary Tore Hattrem (who had been Norwegian ambassador to Sri Lanka during the last phase of the war) signaled the change. Relations between the two countries got strained after the Norwegian facilitated ceasefire agreement broke down. Sinhalese nationalists with the tacit backing of the government in power at that time accused Norway of being partial to the LTTE and acting in ways that were detrimental to Sri Lanka’s sovereignty. Visitors from Norway at that time felt it was pragmatic to say they were from Europe. However, the warm welcomes afforded to the high level Norwegian visitors this year showed how much has changed since the new government took office.

The issue of fulfilling the pledges made to the international community in Geneva seemed to threaten the unity of the government even a month ago. In October 2015 the government co-sponsored the resolution on Sri Lanka that was sponsored by the United States and backed by the majority of countries in the UN Human Rights Council. There were publicly articulated differences of opinion in which Foreign Minister Mangala Samaraweera sought to reassure the international community that the government would be standing by its pledges while President Maithripala Sirisena sought to reassure the ethnic majority population that the country’s sovereignty would not be jeopardized or the soldiers who fought in the war would not be hauled before international tribunals.

Civil society members from all parts of the country walked into Temple Trees last week to meet with Prime Minister Ranil Wickremesinghe. This was the first time for most of them.  This included religious clergy from both the North and South.  In past years, they had been more accustomed to the government treating them in a hostile manner which meant Temple Trees was out of bounds.  One of the Buddhist monks said he chose not to come in the past, because he did not agree with the practices of those who had been incumbents.  The meeting was held in the super size meeting hall built by former President Mahinda Rajapaksa during his two terms as president.  Although Temple Trees is usually the domain of the prime minister and not the president, the former president made it his abode. Thousands of people from all walks of life were invited to Temple Trees to meet with him at state expense.  The giant meeting hall could easily seat over 2000 persons in air conditioned comfort.  Some who were at the meeting said that it was capable of seating as many as 7000.

The thrust of Prime Minister Ranil Wickremesinghe’s presentation to those who were gathered there was that the government wished to make NGOs and civil society organizations become partners with the government.  He said this would not be only at the national level but also at the grassroots level.  NGOs at the grassroots level have often got to fight against prejudice due to the belief within the government officials that they are anti government or doing the bidding of foreign donors.  But today at the national level, NGOs are performing an important national consultation process that connects with what the government is preparing to do in terms of the transitional justice and reconciliation process.  One of the key requirements of the international community is a process of public consultations that would legitimize the investigation into the past and the accountability, reparations and institutional reforms that come out of it.

The determination with which the opposition parties pursued their protest march was not an indication of their strength. The march seemed to make little sense even as it wended its way down the hills from Kandy, the last kingdom of the Sinhalese to Colombo, the present capital of Sri Lanka. The symbolism was apposite for one of the main slogans of the protest marchers was the betrayal of the country to foreign forces. There were many onlookers though relatively few of them joined in the march. Usually such a bid to generate spontaneous public protest would come towards the end of a government’s term of office when it has over-extended its stay in power and the people are dying for a change. But a mere year and a half of a government which has four more years to go is too soon to evoke a people’s movement to overthrow, or even to destabilize, the government.

The main slogans of the protest marchers related to the economic hardships faced by the people and to warnings about the threat to national sovereignty posed by the government’s constitutional reforms and war crimes trials against the security forces. The slogans regarding the economic hardships, and the much resented Value Added Tax would have evoked an empathetic feeling amongst the bystanders. But these are not issues that could move people to seek a change of government that is yet finding its feet, and has only been in power for a relatively short period of time. It is not as if the people are unaware of how the cost of living was going up during the period of the previous government. It is also much more widely known that government contracts now require more time, as they have to go through established processes, and are not granted at the discretion of those in positions of power.

The participation of Prime Minister Ranil Wickremesinghe, former President Chandrika Kumaratunga and visiting British Minister Hugo Swire at the Thai Pongal celebration in Jaffna is an indication of the special attention that is being given to the northern polity by the government. The top leaders of the government have been making frequent visits to the north in a way that is unprecedented. During the years of the war it was dangerous for government leaders to visit the north as they were vulnerable to being attacked by the LTTE and other militant groups. But even prior to the war there was reluctance on the part of leaders of government to visit the north. Neville Jayaweera, in his memoirs of his time as a civil servant who dealt with the north five decades ago, writes about the petty manner in which the government leaders of those years turned down opportunities to visit the north. In contrast, President Sirisena and Prime Minister Wickremesinghe are frequent travelers to the north.

The government set the stage for the drafting of a new constitution when Prime Minister Ranil Wickremesinghe presented a resolution to Parliament on January 9 that would convene it as a constitutional assembly. The timing was symbolically important as this was the date that marked the commencement of President Maithripala Sirisena’s second year in office. President Sirisena was also in Parliament to make a special address to Parliament. The president’s commitment to stripping himself of the extraordinary powers of the presidency from the very beginning of his first term is without parallel in modern history. Within five months of his presidential election victory he ensured the passage of the 19th Amendment which, as a first step, reduced the powers of the presidency which he would henceforth wield. Now with the convening of parliament as a constitutional assembly he is paving the way for the total abolition of the office he holds.

The government has been responsive to public pressure in multifold ways. It amended the budget in 16 different areas due to protests by trade unions and affected groups even though the budget deficit grew by more billions. It is investigating a case of abduction by one of its members. It has been responsive to concerns expressed by civil society about the absence of participation in both the constitutional reform and transitional justice processes. Prime Minister, Ranil Wickremesinghe has appointed a 24-member committee from political and civil society to obtain views on constitutional reforms from the public. This Committee will seek oral and written submissions from the public and a report will handed to a Cabinet Sub Committee on Constitutional Reforms. In addition Foreign Minister Mangala Samaraweera has appointed an 11 member committee to discuss and provide input on issues pertaining to the Geneva process.

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.”

A high level delegation of EU officials was in Sri Lanka last week to have meetings with a cross section of society prior to engaging in discussions with their counterparts in the Sri Lankan government. When they met with civil society representatives they said that this was the first joint meeting on issues of human rights with the government and saw this as a positive breakthrough. They also said that they had come to see what had been delivered by the government in terms of the promises it had made. The media release that they issued after a joint EU-Sri Lanka Working Group on Governance, Rule of Law and Human Rights concluded its first meeting in Colombo on 21 January 2016 stated that they expected the full implementation of the UN Human Rights Council resolution as a priority.