An Indian Perception on U.N panel ,Rehabilitation of IDPs and democracy in Sri Lanka
(Madan Menon Thottasseri)
The U.N Resident Co-Ordinator Neil Buhne, stationed at Colombo had been to New York to brief the situation to Secretary General Ban Ki-Moon has come back on the hope of serving the victims of war towards reconstruction and rehabilitation in the former war zones. The fasting by the Minister Wimal Weerawansa was over by 10th July,2010 when the President Rajapaksa personally came to the fasting venue in front of the U.N Office and served juice to end his fasting. As per Press reports U.N.D.P’s Asia and Pacific regional office is only getting closed and the U.N.D.P’s Country Office will start functioning at Colombo.
It was ironical that the Sri Lankan permanent Representative Dr. Palitha Kohona had posted in the on-line edition of a news paper stating that the U.N Panel will set a precedent as it is not authorized. He had even quoted that an earlier move by U.N in the last year was rejected by Sri Lanka. How will U.N handle this sort of obdurate attitude, especially when it comes from responsible official representing the island nation in U.N head quarters?
President Rajapaksa holds the reins of a $40 billion economy that has enjoyed a partial peace dividend, and is on the path to recovery with big Chinese and Indian investments into infrastructure and plans to put $4 billion into development. At this time, it should welcome the Panel of U.N secretary General Ban Ki-Moon to present an on the spot assessment of the rehabilitation process. Sri Lanka should dispel unwarranted apprehensions as it is judiciously implementing the rehabilitation programmes. The appointment of a Panel will no way discount the image of the government as the world knows that it is to comply with a precedent followed everywhere after ethnic struggles and internal war for decades wherein there is any difference of opinions on the rehabilitation of the IDPs. By permitting a Panel from U.N and showing transparency, Sri Lanka will be actually going to win the confidence of the global community at large.
The Lankan government should not have let any nationalist movements in disguise which instigate people to dare for attacking the U.N office to show-off feelings of abhorrence aiming people of a particular creed or culture, whether in majority or minority societies. The Tamil ethnicity issue and the internal war must become a past in the island nation and any residual intrinsic factors connected with the same leading to indoctrination by responsible Minister or Officials at helms of affairs themselves, must be stubbornly handled; otherwise the very purpose of restoring unbiased democracy throughout the nation wherein the rehabilitation of IDPs are in progress will go off track.
Any nation may have to undergo certain compliances with U.N especially after internal disturbances or war and the restoration of normalcy there afterwards. The nation which was at the verge of crumbling could impede an ethnic war has to go through many internationally accepted modus operandi while moving ahead while moving ahead into a political democracy, though a Presidential election was over. It is the obligation of the government to facilitate for observance of these measures and to get the global recognition. If certain elements even if they are part of the government stands in way, the very integrity of the nation will be at stake. They should not be given any consideration as they deface the image of the nation wherein the world will suspect the integrity on rehabilitation of IDPs and offering the economic package to victims of war.
How could the Sri Lankan regime deviate from its commitments after winning a war against Tamil militia and embarked on a fresh nation building process by launching the requisite democratic processes plausibly appreciated by the global community. The government was in the right track on seriously putting forward a road map for the rehabilitation of the displaced people while simultaneously interacting and briefing the neighboring India on the package offered to protect the innocent people who became refugees, majority in their own nation and few in the India across the strait.
How come the initiative by Egypt at the 118 members’ NAMs and whatever is the end result there becomes relevant for an Indian stand? Can any resolution at NAM undermine the power of Secretary General in the apex world forum? The scenario in Middle East are different that are connected with violation of law and order at both ends while the Gaza strip was occupied by the Hamas. Innocent people are entangled into the tussle between Israel and Palestinians. Israel had mounted security precautions in the region due to movement of arms together with civil supplies to the enclave in flotilla through the Gaza strait.
As NAM had let down Sri Lanka proving that it will have to avoid poking into complex issues that exists in the island nation, India must break silence on this issue. Just because China, which empowers Pakistan in its clandestine nuclear ambitions, had supported Sri Lanka on the issue of U.N panel, India should not keep mum to put forth the right advice and caution to the island nation.
The rehabilitation measures to be delivered in Sri Lanka to the victims of war is in the midst of complex discriminatory high-handedness from different quarters that are prone to adulterate the deliberations of regime. The government has to take all efforts aiming a peaceful restoration of democracy and to offer an economic package to refugees returning to native places for commencement of farming, trade, business and industrial activities for generation of employment opportunities in the regions where they are being resettled. They should be given the right support to live with pride while preserving their own esteemed culture.
A Minister dared to muster mobs under the pretext of fasting or peaceful protests but instigating people to attack the world forum which was very considerate to the nation and co-operated with the island’s unstable and depraved governments despite it maneuvered all sorts of dirty politics to create feelings of detestation in the minds of citizens including Buddhist monks against a particular sect of fellow countrymen all these years. The wicked demonstrators are not the true representatives of the educated mainstreams in the island nation and how long they will be the silent spectators to the government sponsored struggle against U.N?
President and his government showed an act of insolence to the nation itself by not taking the defiance seriously. Where was the Opposition front in Sri Lanka? Why the front was reluctant to come forward and stop the dramatic situations which moved from bad to worse. Were they part of the protest fearing not to displease the linguistic nationalist camp and have been waiting until Sri Lanka turns to become an Iran in the making, in the eyes of U.N?
The Rajapaksa regime is still silent on its acceptance on the U.N panel even after the episode of fasting by his Minister Wimal Weerawansa. Now the Rajapaksa government has pushed new initiatives, again through NAM to prevail on U.N to accept for a National Commision to co-exist with the U.N panel? NAM have to be unbiased on matters connected with rehabilitation and human rights issues and should rightly reject the Sri Lankan requests, as done earlier.
Ban is to be appreciated for selecting Jessica Neuwrik, Human Rights activist and a close confidante of Navaneetham Pillai, U.N Commissioner of Human Rights to lead the U.N panel in Sri Lanka. It is to be noted that there was some indifferent response to Navaneetham Pillay’s request for international investigations into the alleged killing of civilians during the final phase of the war 2006-09 against LTTE. She had declared that a similar request was made to Sri Lanka by the U.N. Secretary General then. As per reports released to press she had revealed that the Sri Lankan government would not let her visit in the nation.
Ban Ki-Moon’s getting consent of U.N decision making bodies in any one of earlier situations will never become a statutory precedent to be pursued in different contexts. He being the Secretary General of U.N may take an exclusive verdict under a critical situation wherein a nation’s regime will necessarily have to be under tests of sanctities even if there exist utmost sincerity and perfectness in maintaining highest standards of human rights and brotherhood while delivering rehabilitation measures to the victims of war irrespective of race, religion or region, in the midst of complex discriminatory high-handedness from any quarters that are prone to adulterate the deliberations of regime which has taken all efforts aiming a peaceful restoration of democracy and an economic package to the satisfaction of people affected by war.
Indeed the island nation in its independent history, a mainstream movement was active to politicize the military wherein the retired, actually deposed Chief of Defense Staff- Gen. Sarath Fonseka became a consensus Presidentilal candidate against the then incumbent President Mahinda Rajapaksa. Gen.Fonseka was the architect of the annihilation of the nonconformist LTTE in a historical military offensive in May, 2009. It is to be noted that the top General had the mettle to write in his resignation - “Your Excellency’s government has yet to win the peace, in spite of the fact that the Army under my leadership won the war”.
What has happened at Opposition Camps during the Presidential poll clearly showed a celebration of the victory in the war, than a prudent approach for identifying a matching candidate against Mahinda Rajapaksa. They have ignored their political obligations of seizing the time so as to redefine their perceptions of democracy wherein the people of the small island nation descending from different races or religions have to co-exist with the majority Sinhala speaking multi-religious communities.
President Mahinda Rajapaksa showed a magnanimous approach to the ethnicity issue and he is to be complimented for his positive deviation while accepting an ‘Indian Concern’ in his after-war endeavors. Thus he was in the limelight of internationalism, when he paved the way for the visit of a delegation comprising Indian Parliamentarians from the state of Tamil Nadu, to refugee camps in the island nation.
The People of India, particularly from the state of Tamil Nadu having empathy to the displaced war victims languishing in the refugee camps appreciated President Rajapaksa when he prevailed on the Dr. Karunanidhi, Chief Minister Of Tamil Nadu for steering a fresh relationship with the regime at Colombo and give all moral support for the rehabilitation of war-displaced people of Tamil origin.
In fact President Mahinda Rajapaksa is to be appreciated to begin a CBM and paved the way for the visit of a delegation comprising Indian Parliamentarians from the state of Tamil Nadu, to refugee camps in the island nation in the last year. The Rajapaksa government gracefully came forward to hear opinions from the most responsible political front in India who have empathy to the victims of war in the island nation. The octogenarian Chief Minister Dr.M. Karunanidhi rose to the level of a statesman by interacting with the Sri Lankan regime and enabled a delegation to visit there. In fact the Sri Lankan government and its President were in the lime-light then. People of India, particularly from the state of Tamil Nadu praised President Rajapaksa then. The Chief Minister very precisely reciprocated the sentiments and refined his vision for peace in Sri Lanka so as to ensure existence of Tamil culture and traditions in the island nation for generations.
If President Rajapaksa was not sarcastic then, when he had asserted to the visiting Indian delegation that for the political solution to be arrived at towards the ethnic issues of Sri Lanka, he would expect the fulfillment of two conditions viz. the solution is to be acceptable to all communities and it should also be acceptable to the neighbor (India) as well! Even now he can seek the help of India, particularly Tamil Nadu in the ongoing rehabilitation tasks. The Octogenarian Dr.Karunanidhi, the high profile Chief Minister of Tamil Nadu can take the mantle and facilitate for a peaceful atmosphere in Sri Lanka wherein the refugees are to be accommodated back to their normal life in their own villages.
Sri Lankan regime must gather support from all sections of society to arrive at a consensus on a challenging and lasting political solution for the peaceful muti-lingual and multi-religious society in the island nation. It is very important that government has to offer an economic package to refugees returning to native places, for commencement of farming; trade, business and industrial activities for generation of employment opportunities in the regions where they are being resettled. They should be given the right support to live with pride while preserving their own esteemed culture.
Any Sri Lankan regime, here afterwards has to understand that there should be thrust on democratic principles of equality and devolution of power for people to avail equal opportunities and gain equal status under the constitution.
I strongly feel that island nation’s majority people are silently weeping for all carnages which seeded the feeling of abhorrence at the bottom of their minds. Of course, they can relinquish malevolence ideas over a period of time provided there are sincere efforts to put forth CBMs from all quarters.
Each and every citizen of Sri Lanka should contribute their individual might for Peace in their nation while rehabilitating the war displaced Tamil people and implementing a political solution for the Tamil ethnicity in the island nation
President Rajapaksa has to ensure that all citizens are to be assured of their safety and security and guarantee protection from any sources which instigate human rights violations. This will be possible only if an exclusive council with nominated members from the ethnic, minority and immigrant communities is formed in bottom level of Local Administration and Police Departments who can be contacted for any immediate assistance. This responsible council can be given the right to vouch the reliability of detainees who are still not released while suspected as threats to the nation. The high profile members can guarantee for their return to the mainstream society. Let all young people who had associated with militia and waged war be given the chance to return to their family and lead a normal life here afterwards.
At the same time the government should not let any nationalist movements in disguise which instigate people to nurse feelings of repugnance targeting people of a particular creed or culture, whether in majority or minority societies.
Let me recall our Finance Minister Pranab Mukherjee’s visit to Sri Lanka in November,2009 primarily to deliver the 4th Lakshman Kadirgamar Memorial Lecture on Saturday 14th November, 2009 and be at the Sacred Tooth Relic of the Sri Dalada Malingawa Temple in Kandy. He urged Lankans to make use of the defeat of terrorism and secessionism to permanently change the complexion of inter-ethnic relations for the betterment of the island nation. He reiterated that it will be important for everybody in Sri Lanka to realize that a Political settlement is not a ‘zero-sum game’. As a down-to-earth advice, he even cited India’s experience in managing multi-religious and multi-cultural societies. His speech gave thrust on democratic principles of devolution of power, equality for accessing opportunities and equal status before constitution that facilitated India to address divisive tendencies of all sorts. His said “clear separation of powers, rule of law, social justice, secularism, free press, vigilant citizens and civil groups have ensured that threats to your sovereignty from within or without are tackled with an inner strength that can come only through the ballot”.
He had wanted Sri Lanka to dispel fears if any while entering into a Comprehensive Economic Partnership Agreement (CEPA) with India as Sri Lanka is going to be a beneficiary for the same. He was quite affirming that CEPA will be in a win-win situation for both nations. He rightly acknowledged that Sri Lanka’s corporate investment will bring added capital to Indian industries and the Free Trade Agreement between the nations will work out more advantageously for Sri Lanka.
Every common man in India or Sri Lanka will wish to find a political solution to ethnicity in the war ravaged Sri Lanka. The Opposition front in Tamil Nadu too can interact with refugees in various locations in Sri Lanka and India and come forward with constructive opinions enabling to suggest a political solution package. There should not be any slightest element of Political advantage to target the sensitive linguistic-vote bank in Tamil Nadu while taking a stand in the issue of refugees, by the ruling or opposition fronts. They will be appreciated by the people for their constructive participation and valuable opinions for prompting the regime in Sri Lanka to be more proactive and moderate in designing the road map for a political solution to the ethnicity in the homeland of both Tamils and Sinhalese of all religions.
Probably the Sri Lankan government has to rebuild the very basic infrastructure viz. power connections, roads, bridges, telephones etc. in the majority affected areas and international donors may be willing to contribute for the same. India can help Sri Lanka by giving assistance in our know-how on installation of telecommunication lines, construction of roads and bridges etc. Sri Lanka can seek help from Indian Railways not only for reopening of bunged railway lines in Sri Lanka but also for creation of a railway network linking small towns especially in north and east with the capital Colombo.
The Sri Lankan Government should apply caution and not to over-celebrate the war victory or election victory solely to enable the nation to have a transition from the very devastation.
India and Sri Lanka together will form a big Trade-Power in the region and can jointly formulate policies for safe-guarding the interests of both countries. Both countries are having almost a uniform export basket and thus can even jointly formulate export strategies for value addition through mutual import of high-quality of tea and plantation produce for further export to Europe and U.S market under the global trade regime and ensure that highest value in foreign-exchange are earned.
Sri Lanka politics had turn of events after the close of war and the aspirations of people displaced by war depended on fast brewing political proliferations in the island nation.
How could President Rajapaksa now deviate from its commitments after winning a war against Tamil militia? He could push the nation to embark on a fresh nation building process by launching the requisite democratic processes plausibly appreciated by the global community. The President could retain Presidential position in the poll held two years ahead of the scheduled time. He could also win more seats in the general elections too. His government was in the right track on seriously putting forward a road map for the rehabilitation of the displaced people while simultaneously interacting and briefing the neighboring India on the package offered to protect the innocent people who became refugees, majority in their own nation and few in the India across the strait.
GSP+ and Human Rights:
It was quite surprising to know that the Sri Lankan government was reluctant to renew this concession from the EU community.
The GSP+ scheme is a preferential trade scheme granted to Sri Lanka by the EU. It allows Sri Lanka to export 7,200 items ‘duty free’ into the EU. It had boosted exports to EU by while domestic manufacturers remain competitive despite increasing costs. Actually the GSP+ scheme was to be reviewed towards the end of this year. Even though this scheme is a trade issue, it has relevance in the socio-political issues of the country as compliance of international conventions on environmental standards, labour rights and more specifically Human Rights are mandatory to be eligible for concessions under the scheme. The Sri Lankan industries, especially in garments, agricultural and plantation produce sectors which are more labour-intensive in nature will be in doldrums without the GSP+ scheme.
The review would have enabled Sri Lanka to continue enjoying GSP+ concessions, of duty free exports, for another three years.
The European Commission office has so far maintained that the extension of the scheme depends on the implementation of 27 international conventions. These conventions apply to the areas of human rights, environmental standards and core labour rights. Sri Lanka was awarded the GSP+, among other things, on the basis of having ratified these conventions earlier.
It is possible that U.S will delink trade with Sri Lanka if the nation is not complying with labour rights issue, on the back drop of its disintegration with E.U and its trade concessions.
Demand for a Tamil enclave by unification of Provinces?
Why Tamil Parties demand for unification of two provinces to confine their freedom only within a single enclave? Instead, Tamil speaking Sri Lankans should retain their democratic right to come out of the shell and settle anywhere in the nation with full fledged rights of a citizen.
President Rajapaksa had ruled out the re-merger of Northern and Eastern provinces to form a single Tamil speaking province on 25th November,2009 to avoid ethnic conflict between Muslims and Tamils. The two provinces once merged together following the Indo-Sri Lankan Accord-1987, were actually demerged, and may be against the wishes of the majority Tamil people, by a Supreme Court decree based on technical reasons in 2006. Rajapaksa had then stated that the Presidential poll ahead of two years enables Tamils of North and East to know that they have the right to exercise their franchise in the nation’s Presidential election, as they were prevented by LTTE from voting in the last elections held in 2006.
We have glimpsed how Ranil Wickremesinghe, Leader of United National Party (UNP), the main Party leading the Opposition Alliance (UNF) while deciding the last Presidential candidate in favour of Gen.Fonseka, in an attempt to defeat Mahinda Rajapaksa. He did rope in Tamil National Alliance (TNA) for support though most of the Tamil speaking people were not in favour of Gen.Fonseka for his ruthless tactics of harassing innocent people in the pretext of fighting against Tamil militia in the last phase of the war. They had an adverse opinion on Rajapaksa in the other camp too, for having made them as IDPs.
Probably now TNP will have apprehension to associate with Tamil parties to enable in arriving at solutions to the problems faced by the community as a whole, as it is holding a band of 14 M.Ps from the Tamil speaking regions of North and East together and thus no chance to out-smart their dominance is to be given to others. There is no meaning in clamoring for a unified Tamil territory by reuniting northern and eastern states. Again Tamil enclave will become a neglected area by easily attracting the linguistic nationalism breeding in the island. Instead all parties can unite to stop attempts by government to deliberate colonization by bring new settlers to the ethnic enclave. In any country, migration of people of any religion or language should happen spontaneously, while citizens are in search of green pastures due to economic reasons like prospects for higher education, trade, employment opportunities etc. If otherwise, it will be disastrous for the country. The ethnic enclaves have to accept people of distant race or religion for upgrading their economic status.
Shift to the system of Executive P.M?
It was really appreciable that both the President Rajapaksa and the UNP leader Ranil Wickremesinghe made an attempt for arriving at a consensus to switch over to the system of Executive PM by a change in constitution to change from the existing executive Presidential system. The reversal from the Presidential system introduced 1978 which gave extra Presidential powers but not answerable to Parliament despite the provision for the President to depend on Parliament to get laws enacted and statutes passed. Unfortunately Ranil made a U-Turn and now oppose the shift in the system.
Fortunately, now President Rajapaksa is in the process of negotiating with and the Opposition leader Ranil Wickremesinghe and may reach a consensus by compromising at both sides and convincing the coalition partners. It is desirable for any democracy to depoliticize Public Service, Judiciary, Police and Election Commission. Rajapaka is likely to shed out his obsession for outdated autocratic style of rigid regime for the future generation of the island nation. The nation must empower statutory bodies through 17th Amendment. UNP presses for the full implementation of the 17th Constitutional Amendment which was meant to depoliticise key institutions of the state by having them run by independent commissions. Thus UNP's stand on the 17th Amendment clashes with Rajapaksa's stand that the amendment should be drastically revised because it erodes the constitutionally sanctioned powers of the executive president. The Rajapaksa government has not implemented the Amendment.
It is quite natural that Rajapaksa may be keen on shifting to the Excecutive Prime Ministership abolishing the Executive Presidency system, for enabling himself to contest for a third or fourth time. He should not expect to become Prime Minister with the same powers of the present Presidentship, by a formal amendment of the Constitution without diluting the supreme powers being enjoyed now.
But in an unbiased view point, the reversal to the Executive P.M will be ideal for the nation. The question is …..Why the P.M should be tempted to work like a monarch in a true democracy?
Peace through Consensus Approach:
Sri Lankan M.Ps whether part of Rajapaksa regime or with the Opposition Camp under Ranil, must understand that the ball is in their court. They cannot expect India, particularly Tamil Nadu every time to interfere or prevail on any regime for getting things done good for their nation. Firstly, they should empower themselves and reach a consensus approach to issues in the island nation and pave the way for a peaceful solution to ethnicity.
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