Political Commentary

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.

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.

The war ended on the battlefields of the north seven years ago on May 19. The commemoration of this day is a divisive one. During the period of the previous government, which claimed ownership of the war victory, the commemoration took the form of a victory celebration, with military parades and narrow ethnic nationalistic speechmaking that catered to ethnic majority sentiment but injured the sentiments of the ethnic minorities. At the same time the government also took action to ensure that there would be no commemoration of the LTTE or even of civilian loss of life. This led to the prohibition of any form of public coming together in the north of the country where the last battles were fought, even within places of religious worship, for the purpose of remembering the dead.

The re-opening of the EU fisheries market to Sri Lankan exporters came as a welcome success to the government at a time when it needs to show some tangible progress on the economic front to the people. The main criticism of the government amongst the general population is the absence of economic development and poverty alleviation in their lives. While a relatively small fraction of the population travels in luxury private cars, the general public continues to hang on to the footboards of overcrowded trains for their daily commutes to their workplaces and back with some of the train engines and carriages well past their fortieth year in service. Even those sections of the population who voted for the government at the last two national elections that saw the defeat of the old one are bemoaning the lack of economic progress in the present.

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.

In October 2015 the government surprised virtually everyone regardless of political spectrum, and friend and foe, when it co-sponsored the resolution on Sri Lanka by the UN Human Rights Council in Geneva. From the time that the war ended in 2009 onwards Sri Lanka came under pressure by this international body to investigate charges that massive violations of human rights had taken place in the closing stages of the war, which included war crimes. Together with crimes against humanity and genocide, war crimes constitute the triumvirate of international crimes for which there can be no amnesty according to current international standards. It may be a recognition of this that drives the opposition to insist that its leaders may face the electric chair.

The immediate cause of the fracas in the east involving the chief minister, governor and naval officer was personal pique. That incident has been sought to be politicized by an opposition that is ever mindful of the power of inter-ethnic mobilization of nationalism. They have warned of the undermining of the security forces of the country by the ethnic and religious minorities. The fact that it was a Muslim chief minister who spoke offensively in public to a naval officer from the predominantly Sinhalese security forces was given full play by the opposition that had once exploited narrow nationalism to win successive elections, and endeavour to continue in the same way. Former president Mahinda Rajapaksa even sought to draw a link between this incident and another recent one, in which TNA leader R Sampanthan entered an army camp with some of his supporters to inspect land that had been taken over from civilians during the war.

The June session of the UN Human Rights Council is expected to be an important test for the government. The resolution that it co-sponsored in October 2015 stated that the UN High Commissioner would submit an oral update to the Human Rights Council at its thirty-second session (June 2016) and a comprehensive report followed by discussion on the implementation of the present resolution at its thirty-fourth session (March 2017). In recent weeks there have been several announcements by the government to highlight the progress that it has made in implementing the UNHRC resolution.

The 32nd session of the UN Human Rights Council starts this week in Geneva at which the case of Sri Lanka will be taken up. UN Human Rights Commissioner Zeid Ra'ad Zeid Al-Hussein will make a statement on the progress that has taken place with regard to the UNHRC resolution of October 2015 which was co-sponsored by the Sri Lankan government. The main institutional development to be presented will be the Office of Missing Persons of which the Sri Lankan government has presented draft legislation approved by the cabinet of ministers. There will be many other developments reported too, such as the government’s ratification of the UN Convention on Enforced Disappearances, the issuance of Sri Lankan passports to those who claimed asylum abroad, the deproscription of many banned organizations and the report of the Public Representations Committee on Constitutional Reform.

There have been indications of a growing gap between the positions taken by the UNP and SLFP which are the two main constituent parties of the National Unity Government. Some months ago it took the form of Prime Minister Ranil Wickremesinghe speaking positively in terms of international involvement in the country’s post-war accountability process while President Maithripala Sirisena said the reverse. At the present time the point of concern would be the fate of the Central Bank Governor Arjuna Mahendran. The SLFP has opposed his reappointment. On the other hand, the UNP led by the Prime Minister have expressed their confidence in the Governor’s contribution to the economy as a member of the government team. This is an issue on which the two parties will have to find a mutually acceptable solution if their relationship is not to be soured and they continue to cooperate on important issues as they have been doing so far for the past one and a half years since the election of the new government.

The Sri Lankan government goes into the current session of the UN Human Rights Council with several accomplishments to show. These are primarily at the level of change of spirit and less as concrete changes that can be quantified. It is difficult to quantify the impact of the lifting of fear of agents of the state and their associates acting with impunity, of white vans into which people disappear and the attitude of confrontation. But these have transformed life in the country. The passage of the Right to Information law in Parliament unanimously, without a vote and therefore without division, is an indication that there is broad acceptance in the polity, to which the government gives leadership, that good governance is good for all. In addition, the government has been able to showcase the draft law setting up the Office of Missing Persons, which is one of the four transitional justice mechanisms that it promised to establish at the October 2015 session of the UNHRC.