Wednesday, March 7, 2012

Sri Lanka Perspectives: February 2012

Col R Hariharan

Highlights

The 19th meeting of the UN Human Rights Council (UNHRC) that started at Geneva on February 27 dominated the national attention during month. The U.S drafted resolution asking Sri Lanka to implement the recommendations of the Lessons Learnt and Reconciliation Commission (LLRC) relating to human rights was to come up at the meeting.

In a show of near unanimity almost all political parties have voiced their objection to the UNHRC meeting taking up the Sri Lanka issue. In a surprise move, perhaps dictated by political strategy, the Tamil National Alliance (TNA) has refrained from blowing up the issue and decided not to send its representative to Geneva. The ruling United People’s Freedom Alliance (UPFA) coalition played up on the national sentiments and organized 150 protest meetings all over the country on February 27.

President Rajapaksa had yet another meeting with TNA leader R Sampanthan. However, no tangible progress was made on the deadlocked devolution talks with Tamils.  Presumably, the meeting organised on the eve of the UNHRC meeting had the limited objective of showing the US and the West that the President was serious about dealing with the issue.

Steep hike in fuel prices triggered protests from many sections of the people.  

UNHRC meeting

Sri Lanka Special human rights envoy Mahinda Samarasinghe, heading a delegation of 52 members to the UNHRC meeting, put up an eloquent defence of his country’s stand against admitting the US’s resolution on Sri Lanka’s accountability. He said that there was no justification or urgency whatsoever in floating a resolution calling for the implementation of the LLRC recommendations, and engagement with the High Commissioner, when this had already been effectively undertaken by the Government.

Presumably he was referring to the court of inquiry appointed by the Sri Lanka Army on January 2 to inquire into the observations made by the LLRC report on alleged civilian causalities in the final stage of Eelam War and probe the Channel -4 video footage showing custodial killings of prisoners.

He also accused some countries of being biased against Sri Lanka and failing to see the “truth.”Sri Lanka has time until the third week of March to win the support of the 47 member nations of the UNHRC.

The US draft resolution called upon the Government of Sri Lanka to implement the constructive recommendations in the LLRC report and additionally to take immediate steps to fulfil its relevant legal obligations.  It also expresses concern that the LLRC report does not adequately address serious allegations of violations of international law and expresses disappointment that the Government of Sri Lanka has not fulfilled its relevant legal obligations and stated commitment to initiate credible and independent investigations and prosecutions of those responsible for such violations.

This is in keeping with the US’s consistent stand that Sri Lanka should show greater accountability for its conduct on ensuring human rights and allegations of war crimes.  Britain and the EU have come out in vocal support of the US resolution.   

The US appears to have gone ahead with the draft resolution after considerable deliberation. Stephen Rapp, Ambassador at Large, Office of Global Criminal Justice at the US State Department, made a shot visit to Sri Lanka. He also met the TNA MPs Sampanthan and Sumanthiran to discuss issues relating to accountability in Sri Lanka. Prior to his visit the US Assistant Secretary of State, South Asia, Robert O’Blake also visited Colombo met with government and political representatives to discuss the same issue.

The line up of countries supporting Sri Lanka has not emerged fully. However, Samarasinghe has claimed China, Russia and India were supporting Sri Lanka. Thailand has come out openly in support and other ASEAN members could follow suit. Japan is also likely to take a similar stand.  

However some of the media reports indicated that India might abstain as it was peeved with the way the Indian Foreign Minister SM Krishna‘s statement during his visit to Colombo was rebuffed by Sri Lanka. There is also strong public opinion building up in Tamil Nadu at Sri Lanka’s casual attitude to the war crimes allegations. So the possibility of India abstaining is there.

Devolution of powers

The TNA leader R Sampanthan after his meeting President Rajapaksa has clarified two contentious issues that are blocking the progress in his party’s negotiations with the government on devolution of powers to Tamils. In a media interview he listed them as:
·         TNA was reluctant to participate in the proposed Parliamentary Select Committee (PSC) on the subject till the Sri Lanka Freedom Party (SLFP), the main component of the ruling coalition, clarified its stand on devolution.

·        Lack of government response to TNA’s proposals submitted after seven rounds of talks. He also doubted the usefulness of PSC when the All Party Representative Committee (APRC) under Dr Tissa Vitharana submitted its detailed report on the same subject, and the Udalagama Commission on the subject was not allowed to complete its work.   

The Muslim perceptions to the devolution issue were highlighted when Sri Lanka Muslim Congress (SLMC) renewed its call for the creation of a South-Eastern Provincial Council (SEPC) if the government conceded additional powers PCs under the 13th Amendment Plus to the Constitution. According to the SLMC, the SEPC should comprise Pradeshiya sabhas controlled by Muslims in Trincomalee, Batticaloa, Pottuvil, Sammanthurai and Kalmunai. 

The SLMC – a partner in the ruling coalition – also supports the demand for land and police powers for PC as visualised in the Constitution.

With the President dragging his feet on resolving the issue, lest it erodes support of Southern Sinhala voters, and the TNA standing firm on its proposals, the devolution issue is likely to remain on the table in the coming months.

Miscellaneous

Fuel price hike: The government hiked up fuel prices during the month. In the biggest increase per litre prices of petrol went by Rs 12 to Rs 149, diesel by Rs 31 to Rs115 and kerosene by Rs 35 to Rs 111. Though the government came out with subsidies to fishermen, public transport operators and villages without electricity to cushion the effect of price hike, the increase in prices sparked were widespread protests. When the army and police opened fire to control a massive protest of over 5000 fishermen blocking the Colombo-Puttalam road one fisherman was killed and eight others injured. 

Sri Lanka protest: Sri Lanka has strongly protested over the conduct of Ms Louise Frechette, Chair of the Special Advisory group (SAG) on UN Peace Keeping Operations, when she informed Major General Shavendra Silva, selected to represent the Asia Pacific Group, that she would not allow him to attend SAG meeting. However, Silva attended the SAG meeting. One of the heroes of the Eelam War and currently the Deputy Permanent Representative of Sri Lanka to the UN, the retired General had been branded a ‘war criminal’ by some Tamil Diaspora groups.

Amnesty eludes Fonseka: Sri Lanka freed 1414 convicts to mark the 64th anniversary of independence after the President granted amnesty to them. However, former Army Chief Sarath Fonseka was not among those released. However, his family is said to be negotiating with the government on his release.

Damaging Wikileaks cable: The online Colombo Telegraph quoted Wikileaks cable dated July 6, 2007 leaked from the US Embassy in Colombo quoted Major General Prasad Samarasinghe, former military spokesman, and Chief Signal Officer of the Army, to say that the arrest of five alleged abductors on June 26, 2007 said to be working with Gajanayake [an officer arrested earlier] was “political retribution” against those considered disloyal to the Rajapaksa administration. Samarasinghe further alleged that the GSL felt compelled to demonstrate concrete examples of progress on abductions to appease the international community. [This only confirms the general belief that many of the “white van abductions” were politically motivated and carried out by government agencies.]

S & P rating lowered: Standard & Poor’s Rating Service has lowered its outlook on Sri Lanka’s B+ long-term currency sovereign credit rating to stable from positive because of falling foreign reserves and fiscal problems.  
Written on February 29, 2012
Courtesy: South Asia Security Trends, Volume 4 No. 2 March 2012
URL: www.security-risks.com

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