The war crimes cases registered against former army commander General Jagath Jayasuriya in five South American countries would alert the government that it needs to take remedial action without further delay. It seems that General Jayasuriya was fortunate that the cases were only registered after he left Brazil where he was Sri Lanka’s ambassador for the last two years. Although the former army commander had diplomatic immunity, international law also states that those accused of war crimes are subject to universal jurisdiction. This means that any country that subscribes to the Rome Statute that set up the International Criminal Court can detain a suspect in a war crime case.
The resignation of Minister Ravi Karunanayake due to a disclosure of conflict of interest in the issue concerning the Central Bank bon scam appears to have galvanized the government to take action against its political opponents whom it accused of far worse wrongs, including murder. Much to its chagrin the government has found that the reforms it has instituted, in particular to empower state institutions to act independently, are being used more resolutely by those who wish to undermine it than by the government itself. Two examples would be the protests against the lease of the Hambantota port to China and the SAITM private medical school, the grounds for both of which were laid by the previous government.
There was no governmental celebration of its second year anniversary. Government leaders scarcely mentioned it. However, civil society leaders who had been in the forefront of the movement for good governance in the run up to the elections of 2015 organised a public meeting in the form of a “satyagraha” to remind the government of the promises it had made two years ago. However they also had many positive outcomes to acknowledge. Chief amongst them would be the improvement in relations between the ethnic minorities and the government and the reduction in the level of fear of the state. The 19th Amendment, which was the high point of the 100 Day programme of the new government has ensured a separation of powers between the arms of government. There has also been the passage of legislation that will have a positive impact on the polity over the longer period, such as the Right to Information Act which has the potential to make the government more transparent and accountable.
The government has put on a bold face on the resignation of Foreign Minister Ravi Karunanayake by making the argument that it is demonstrating good governance in practice. Prime Minister Ranil Wickremesinghe said in Parliament that the former Foreign Minister had set a good precedent by resigning from his portfolio. He said no member of the previous government had resigned no matter how serious the charges leveled against them were. It has not been the tradition in Sri Lanka for those holding public positions to resign when faced with a conflict of interest or to take responsibility for what has gone wrong. The Prime Minister said his colleague’s resignation to allow for impartial investigations into his role in the Central Bank bond scam showed the government’s commitment to good governance. He did not speak of the weakening of the government, even as its two constituent parties took different stands on the political survival of the former Foreign Minister.
Sri Lanka is at the threshold of its third transition within the space of a decade. The first took place in 2009 on the battlefields of the north when the LTTE was militarily defeated and the government regained control over the entirety of the country. The second transition took place in 2015 with the political defeat of the former government that won the war at the presidential and general elections that took place in the course of the year. The issue of Foreign Minister Ravi Karunanayake’s involvement in the Central Bank bond case and its potential fallout could be the third transition. The way that the polity, not just the government, tackles this issue could prove to have momentous consequences.
By signing into law the Office of Missing Persons (OMP) and by placing it with the Ministry of National Integration and Reconciliation of which he is also minister, President Maithripala Sirisena has sent a strong message that he is committed to the national reconciliation process. The UN Secretary-General commended the government for establishing the OMP as “a significant milestone for all Sri Lankans still searching for the truth about their missing loved ones” adding that “The United Nations stands ready to support this process and the Secretary-General looks forward to the OMP becoming operational as soon as possible, starting with the appointment of independent commissioners.”
The visit of UN Special Rapporteur on Human Rights and Counter-Terrorism Ben Emmerson to Sri Lanka and his public comments indicate a visible toughening of the stance of the international community with regard to delivering on its promises on the reconciliation process to the UN Human Rights Council. He said Sri Lanka could face a range of measures, including a referral to the UN Security Council, if it fails to meet commitments it made under the UNHRC resolution of 2015. He said that there was little evidence that perpetrators of war crimes were being brought to justice and that progress had come to a virtual halt. There is a question of credibility of the UN system if countries can make promises to the UN which they subsequently fail to keep.
Unless the government shows that it is capable of delivering results soon, the slow progress of problem solving at the ground level will continue to erode public support for the government. The weak performance of the economy is on the minds of most people. The expected job creation through industrial growth has not materialized nor has there been technological improvement that could raise the level of incomes of agricultural and fishing families. Instead of rising standards of living they experience the rising cost of living. In the case of the North and East where the bulk of the war affected people live, the discontent is even greater. They bear a double burden. In addition to not partaking of the fruits of nationwide development along with their compatriots in the rest of the country, they also suffer from the slow return of lands taken over by the military.
The unanimous passage through Parliament of the amendment to the law that establishes the Office of Missing Persons has revived the hope that the government will give priority to inter-ethnic reconciliation. The formation of the Government of National Unity has provided an unique opportunity to obtain a bipartisan political consensus that encompasses the two main political parties in the country, and indeed the larger polity, to deal with the country’s longest standing unresolved problem—its ethnic conflict. The Office of Missing Persons (OMP) was one of the four reconciliation mechanisms that the government promised to the international community in Geneva in October 2015. This was the landmark event that turned the international community from being a critic of Sri Lanka’s reconciliation policies to being a supporter.
The two main factors that caused a change of government in 2015 are reappearing at the present time. The first is the feeling amongst the religious and ethnic minorities that the government is not doing enough to protect them. During the period of the former government the minorities even felt that the government was opposed to them. This was on account of its inadequate efforts at post-war normalization and the growth of religious intolerance. The election of the new government came as a great relief to the minorities. Their sense of fear and jeopardy lifted in large measure. Even though the military presence in the North and East did not significantly diminish there was a revival of civilian institutions. The government no longer came across as being a hostile entity.