Political Commentary

The draft resolution on Sri Lanka sponsored by a group of countries led by the United Kingdom is to be put to the vote in Geneva. Key members of the government have been working very hard to ensure that the majority of countries in the 47 member UN Human Rights Council in Geneva will give their support to Sri Lanka when the resolution comes to a vote. Prime Minister Mahinda Rajapaksa defied fears of the Covid pandemic to take the flight to Bangladesh. This despite the fact that Pakistan’s Prime Minister Imran Khan has tested positive showing the dangers of international travel. The prime minister would have felt impelled to make the journey to secure that country’s support at the forthcoming vote. In the meantime, President Gotabaya Rajapaksa made a telephone call to the Secretary General of the Organisation of Islamic Cooperation who praised the president for his willingness to reach out to international organisations and permitting Muslims who die of Covid to be buried.

The country is facing difficult challenges due to internal and external pressures which is increasing the level of frustration within society. The Covid-generated economic downturn, fallout of the Easter bombing investigation, sugar tax scam and impending UNHRC resolution on Sri Lanka need to be dealt with sagaciously. These challenges can best be met if the government is able to mobilise a consensus within the country that unites the people of all ethnic and religious communities in a common stance behind the government. While the government came to power during a time of high ethnic and religious polarization in which the further polarizing of the ethnic and religious communities took place, the need now is for unity and togetherness for the common purpose of upgrading the life of all sections of the people.

A book titled Geneva Crisis – The Way Forward compiled by the Ambassadors’ Forum of Sri Lanka was launched at the Foreign Ministry. The inspiration behind the book was Sarath Wijesinghe, PC and former Ambassador to Israel. The collection of articles, interviews and speeches represents a wide range of views, which gives a holistic view of the problem which is what Ambassador Wijesinghe sought to do. He said the book was conceptualised as a solution to the entire future of the Geneva issue, not as a temporary measure to address the upcoming UNHRC resolution. Foreign Minister Dinesh Gunawardena and Foreign Secretary Admiral Professor Jayanath Colombage participated at this event. This suggests that within the government there is an appreciation of the importance of different perspectives as befits a plural, multi ethnic, multi religious and multilingual country.

Sri Lanka is currently being discussed at the level of the UN Human Rights Council along with notorious countries such as North Korea, South Sudan and now Myanmar after its military coup. There is no question that it is unfair by the Sri Lankan people and the Sri Lankan state to be bracketed with such countries. This has happened due to the failure of successive governments to deliver on pledges made to address the longstanding ethnic conflict and to repair the psychological and developmental damage caused by the three decades of terrorism and war. The present UNHRC resolution refers back to the pledges made by President Mahinda Rajapaksa in 2009 when UN Secretary General Ban ki-Moon visited Sri Lanka at the end of the war.

There are two aspects to the process unfolding in the UN Human Rights Council in Geneva at the present time. The first is the outcome of the report of the UN High Commissioner for Human Rights, Michelle Bachelet which was released on January 27. The second will be resolution of the UN Human Rights Council itself which is in the process of being finalized, and of which a draft is available. It is this latter document that will be debated in the final days of the 46th session of the UNHRC later this month. This will be the document that sets out the expectation of the UNHRC in terms of implementation by Sri Lanka.

With the Zero Draft in circulation there is no longer any doubt that a resolution on Sri Lanka will be presented at the forthcoming session of the UN Human Rights Council later this month. This resolution will be presented by a core group of countries led by the United Kingdom and will be supported by the United States which, though not a current member of the UNHRC, has opted to return to it under the presidency of Joe Biden. This will be a powerful combination for a small country like Sri Lanka to challenge. It does not appear that Sri Lanka will present its own counter resolution. There was perhaps a miscalculation of the waning power of the western countries in the face of the rise of China. The western powers continue to dominate international institutions. The absence of a coherent foreign policy is reflective of the much greater power of the countries that Sri Lanka is having to contend with.

One of the issues that has created internal division in the country is the cremation of those who have succumbed to the Covid virus. This policy of enforced cremations has been most opposed by the Muslim community for whom burial of the dead is a part of their faith. It has also brought international disapproval to the country. The UN Human Rights Commissioner’s January report on Sri Lanka states that “The COVID-19 pandemic has also impacted on religious freedom and exacerbated the prevailing marginalisation and discrimination suffered by the Muslim community. The High Commissioner is concerned that the Government’s decision to mandate cremations for all those affected by COVID-19 has prevented Muslims from practicing their own burial religious rites, and has disproportionately affected religious minorities and exacerbated distress and tensions.”

The five day march from the eastern town of Pottuvil to the northern capital of Jaffna, given the name P2P-Pottuvil to Polikandi march, came to a peaceful end having made its point to the people of the north and east and to the international community. The culmination of the march in Jaffna saw large crowds participating. But the point was largely lost in the rest of the country where the focus of attention was on other matters such as Independence Day celebrations. The government needs to do the heeding. The marchers had slogans that, among others called for the need to ascertain the fate of missing persons, to permit events held in their memory and return of land taken over for security purposes during the war. There was also the issue of LTTE suspects who have been held for over a decade without being subjected to legal processes.

Preparing for the forthcoming UN Human Rights Council cannot be easy for a government that was elected on a nationalist platform that was very critical of international intervention. When the government declared its intention to withdraw from Sri Lanka’s co-sponsorship of the October 2015 resolution No. 30/1 last February, it may have been hoping that this would be the end of the matter. However, this is not to be. The UN Human Rights High Commissioner’s report that will be taken up at the forthcoming UNHRC session in March contains a slate of proposals that are severely punitive in nature and will need to be mitigated. These include targeted economic sanctions, travel bans and even the involvement of the International Criminal Court.

President Gotabaya Rajapaksa has announced that the government will be entering into an agreement with the Adani Group based in India to offer them 49 percent of the shares in a joint venture company. This joint venture will include Japanese government financing and will manage one of the terminals in Colombo port. The entry of Adani Group into Colombo port has been opposed by a wide coalition of organisations ranging from port workers and left political parties to nationalists and civil society groups. These groups have little in common with each other but on this particular issue they have made common cause and even held joint protests together. The main thrust of their objections is that control over the East Terminal of Colombo port will pass into foreign hands and result in an erosion of Sri Lankan sovereignty.

As the new year dawns the government appears to be moving in the direction of more inclusivity in both domestic and foreign policy. The most contentious domestic political issue over the past nine months, and growing in intensity to include public demonstrations, has been that of the disposal of bodies of persons who succumb to the coronavirus. The Sri Lankan claim to be exceptional in the world in respect of the practice of enforced cremation has been met with the opposition and increasingly public agitation of the Muslim community to whom burial is a matter of religious faith and is a human right guaranteed under the constitution and international law. Until recently the experts in the medical and scientific field consulted by the government and elevated to government committees were adamant in taking the position that burials should not be permitted on safety grounds.

The map of Covid infection in the country is steadily spreading to more remote parts of the country radiating from the Western province which has been the worst affected and the site of origin of the second wave of infection. There was an expectation that the government would institute a lockdown during the final week of the year to prevent people from traveling and celebrating the beginning of a new year. This impression was strengthened by Public Health Inspectors collectively making their disquiet known by calling on the government to order a stop to inter-provincial travel. The government might have been reluctant to put such an inter-provincial travel ban into effect when it is trying to persuade foreign tourists to commence international travel to the country.

The loss of the USD 480 million grant opportunity provided to Sri Lanka by the Millennium Challenge Corporation (MCC) was on the cards for some time. The two projects it was meant to implement became too controversial, though on their face they were about promoting economic development. The Transport Project aimed to increase the relative efficiency and capacity of the road network and bus system in the Colombo Metropolitan Region and to reduce the cost of transporting passengers and goods between the central region of the country and ports and markets in the rest of the country. The Land Project was to help the government identify under-utilized state land that might be put to more productive use and maximize rents from lands that the government leases. Both of these projects were interpreted in a negative light to make them a threat to Sri Lanka.

Fear when combined with falsehood and insular inward-looking nationalism make a potent combination that can lead to the brutalization of society in the short term and possible disaster in the longer term. Sri Lanka is gaining international notoriety on this account. The issue of enforced cremation of those who die of Covid, or are suspected of it as a possible cause of death, has shocked the sensibilities of the world to the extent that four UN Special Rapporteurs have called on Sri Lanka to permit burial of such fatalities. Significantly, these were the Special Rapporteur on freedom of religion or belief; the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; the Special Rapporteur on minority issues; and the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism.

The initial optimism that accompanied President Gotabaya Rajapaksa’s ascension to the presidency is wearing thin in the face of the seemingly insurmountable problems he has to deal with including the economic crisis and most unexpectedly the Covid spread. But there are also the more traditional issues of abuse of power, corruption and inter-community tensions that are raising their heads. The recent prison riot, which has seen brutality, is what people remember of the past and must not recur under a government that cares for its people regardless of their stations in life or communities. When he won the presidential election in November 2019 there was a great deal of hope that the president was a leader with strong convictions who would immediately take charge and put things right in an efficient manner.

Despite its small size Sri Lanka has occasionally been prominent on the world scene for both good reasons and bad. Sri Lanka gained much positive publicity for having the first woman prime minister Sirimavo Bandaranaike in 1960. This was one of the factors that helped Sri Lanka to host the non-aligned conference in 1976 which was attended by 86 heads of states or their representatives and enabled Sri Lanka to play a lead role on the international scene. In the decade of the 1960s and 1970s Sri Lanka was also known internationally as a model of a country that could provide its people with a relatively high quality of life on a relatively low income. At that time Sri Lanka had economic policies that emphasized income re-distribution and subsidies that kept inequalities significantly lower than what they are today.