Sri Lanka Perspectives - September 2011

By Col R Hariharan

President Rajapaksa’s address to UN General Assembly

For Sri Lankans, the highlight of the month was President Mahinda Rajapaksa’s address at the UN General Assembly. In his speech, the President skirted the human rights issues and allegations of war crimes for which Sri Lanka had come under strong criticism. Similarly he gave a broad brush to the Tamil political question also. He focused on the rehabilitation and developmental activity undertaken by his government in the postwar period. He averred “the remarkable growth of 22% of the economy of the Northern Province” was a clear indication of the success achieved” by his government’s initiatives on development in the North.  The President cited the moving up of Sri Lanka from the 52^nd to 79^th rank in the assessment by the World Economic Forum as a testimony to overall economic progress made by his country.

During the visit President Rajapaksa met with United Nations Secretary-General Ban Ki-moon at the United Nations Headquarters. The President briefed the Secretary-General on the progress since the end of the conflict in Sri Lanka including the massive infrastructure development in the North and the resettlement of the Internally Displaced Persons. The President also explained the measures taken by the government to expedite the reconciliation process, including the continuing talks with the Tamil political parties. Rajapaksa complained to the Secretary-General about conveying the U.N. report on alleged rights violations during the war against the LTTE to the Commissioner of Human Rights without informing  his government of Sri Lanka.

On September 23, 2011, on the sidelines of UN General Assembly meeting, the President met Indian Prime Minister Dr Manmohan Singh. According to Indian spokesman, during the meeting Indian Prime Minister “reiterated that a successful conclusion of negotiations and discussions with the representatives of the Tamil parties would in fact obviate the need for outsiders to start passing judgment or to get involved. So, the emphasis was more on the political dialogue within Sri Lanka.”

In a clear bid to embarrass the President,  two law suits were fiiled in American courts during his visit. American University Washington College of Law’s Human Rights Impact Litigation Clinic filed a lawsuit in the Southern District of New York against Sri Lankan General Shavendra Silva, who was Sri Lanka’s Acting Permanent Representative to the United Nations. The General had commanded 58 Division during the war against the LTTE in 2009, during which they alleged his troops were involved in killing thousands of civilians by shelling on ‘no fire zone’ and  hospitals. lawsuit sought damages for violations of international, Sri Lankan and U.S. domestic law under the Alien Tort Claims Act (ATCA) and Torture Victim Protection Act (TVPA). These statutes grant jurisdiction to U.S. courts over human rights violations committed abroad.

The Island newspaper quoted General Silva as saying that two civil cases had been filed in New York  targeting President Rajapaksa and him. The General said that summons had been served on him at his residence in New York. General Silva  said the government was having legal consultations. The case against President Rajapaksa was fuked by the widow of LTTE’s “Col” Ramesh - Vathsala Devi  seeking compensation for alleged killing Ramesh after he surrendered to the Sri Lanka army. The case was filed  through  Visvanathan Rudrakumaran, an attorey and “Prime Minister” of the Transnational Government of Tamil Eelam (TGTE), which was formed to take care of LTTE interests after its defeat.

Another former General Jagath Dias who led the 57 Division of the Sri Lankan army, who served as Sri Lanka’s  deputy ambassador in Berlin and concurrently accredited to Switzerland and Vatican also faced similar charges filed by two organisations in a confidential complaint with Switzerland’s attorney general in August 2009. against Gen. Dias of ordering his troops to fire upon civilian and hospital targets during the 2009 offensive. However, according to Sri Lanka foreign office, he has returned to Sri Lanka at the end of his two-year term.

Sri Lanka’s continuing “UN trouble”

During the month United Nations Secretary-General Ban Ki-moon took two actions that added to Sri Lanka’s agony over its dismal human rights record and allegations of war crime during the Eelam War IV. He forwarded the three-memebr UN Secretary General’s panel of experts report on Sri Lanka’s accountability  over allegations of war crime to the Commissioner of Human Rights, Navi Pillay. It was then circulated to the delegations from the 47 member-states that comprise the UN Human Rights Council at its biennial session in Geneva, despite strong objections from Sri Lanka on propriety of circulating an advisory panel report to UN members without informing Sri Lanka government. 

The Secretary General also has initiated a review of the UN’s actions regarding the implementation of its humanitarian and protection mandates during the Eelam War IV and its aftermath. On September 24, 2011 he announced the appointment of Thoraya Obaid former executive director, UN Population Fund to conduct the review. Apparently the UNSG action is based  the UNSG advisory panel recommendation in its report a review as it found that during the final stages of the war, the UN political organs and bodies failed to take actions that might have protected civilians.  These actions taken despite President Rajapaksa’s meeting with the Secretary General would indicate that the issue is likely to progressed further at the UN Human Rights Commission  (UNHRC) meeting  in March 2012.

In this context, it is interesting to note the threat of Canadian Prime Minister Stephen Harper, to boycott the 2013 meeting of the Commonwealth Heads of Government Meeting (CHOGM) stated to be hosted by Sri Lanka unless the counry improved its human rights record and would encourage other Commonwealth leaders to do the same. The Sri Lanka Human Rights issue is likely at the forthcoming CHOGM  summit at Perth, Australia in October this year. UK has also expressed serious concerns over the issue of Sri Lanka Human Rights aberrations.

India Sri Lanka joint naval exercise

Indian and Sri Lankan navies carried out a five-day joint naval exercise, SLINEX 2011, said to be the largest ever joint naval exercise held in Sri Lanka since  independence. Six Indian navalcraft - the frigate INS Shivalik, destroyer INS RanVijay, missile corvette INS Khanjar, a Landing Ship INS Gharial and two FAC (fast attack craft) participated in the exercise. Sri Lankan naval participants included two offshore patrol vessels SLNS Samudura and SLNS Sagara, missile gunboat SLNS Nandimithra, two fast gun boats SLNS Prathapa and SLNS Ranavijaya and six FAC.   

According to a report in Lakbimanews, high speed boats of Sri Lanka Special Boat Service commandos swarmed  INS Shivalik, “despite manoeuverings by the high-tech Indian warship to create waves in a ploy known as a shimmering tactic, in order to keep boats at bay.” The report quoted Vice Admiral Somathilake Dissanayake as saying the exercise was repeated at request of the commanding officer of the Indian contingent who was impressed by the SBS commandos.

The two navies have always enjoyed close relations; however, the large exercise is significant in the context of increasing Chinese trade and economic presence in South Asia and assertion of new found strength of Chinese navy in international waters.  But the significance of the event was that New Delhi went ahead with the exercise particularly after the ruling Congress-led coalition came under flak for its ‘soft’ Sri Lanka  policy from almost all parties including some of its coalition partners.  In Tamil Nadu, the Pattali Makkal Katchi (PMK) known for its pro-LTTE leanings, called for cancellation of the exercise. This would indicate that there would be no shift in the fundamentals of India’s Sri Lanka policy. The exercise is also significant as early in September the Indian media quoting Indian government sources alleged that a Chinese spy ship disguised as a fishing trawler which was tracked in the Indian Ocean recently by the Indian Navy, had moved towards Sri Lanka and docked at the Colombo port. Sri Lanka Navy had denied such a visit by a Chinese spy ship.

Internal developments

In a bid to overcome the anamalous situation after the Sri Lanka Government decided to abolish the Prevention of Terrorism Act (PTA), it proses to enact a law along the lines of the US Homeland Security Act before the commencement of the next UNHRC session in March 2012.

The Sinhala Marxist Janatha Vimukthi Peramuna (JVP) party has split into two factions due to internal differences. Media spokesman of the breakaway faction Jagoda said that ideological differences between two groups within the party hierarchy had developed since the decision to support former Army Commander General Sarath Fonseka at the last Presidential election. "This has now snowballed into a major internal crisis, which we no longer can hide from the general public. We demand that the party desist from forging electoral alliances anymore.” JVP Propaganda Secretary, Vijitha Herath, MP accuses the government of having infiltrated his party. Both the factions propose to hold separate conventions presumably as a test of strength. The JVP's split will be a big setback to the Opposition as already the major opposition United National Party (UNP) riven by internal differences has been weakened. Thus politically the JVP split strengthens President Rajapaksa’s hands further.  

Written on September 30, 2012

Courtesy: South Asia Security Trends, Vol 5 No 9                                                                                   URL: www.security-risks.com