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•  Thursday’s Pepiliyana attack on Muslim business house outrages Hakeem, SLMC holds emergency meeting to review ties with UPFA
•  CJ 43 Shirani B chief guest at BASL convocation; CJ 44 not invited; lawyers send strong message
•  Govt. mending ties with India post-Geneva; Lanka’s envoy in Washington proposes close alliance with US

By Our Political Editor

The National New Year is only two weeks away. For most Sri Lankans, the countdown for the season has already begun. Small time business outlets and larger outfits are recording a gradual increase in customers though shopping fever is still to reach peak levels.
Yet, for the UPFA Government, it is no holiday. Troubleshooting on many fronts remains high priority.This is notwithstanding the outcome of the second US-backed resolution adopted at the UN Human Rights Council sessions in Geneva just nine days ago. That drew considerable attention not only of the Government but also of most Sri Lankans. The reverberations it caused continue to echo in the different capitals of the world, including Colombo.

On Friday, Justice Minister Rauff Hakeem telephoned President Mahinda Rajapaksa to urge him to summon an emergency meeting of the Cabinet. The cause for this request was the attack on the head office and storehouse of an apparel outlet chain. It is owned by a Muslim. Rajapaksa said it was not an attack that was directed per se at Muslims but one triggered by events following a personal relationship between a Muslim youth and a Sinhala girl. It had centred on claims by the girl that she was raped. Later, Police inquiries revealed that this incident had no connection to the attack. Sources at ‘Temple Trees’ said a heated argument ensued between the President and Hakeem. Hakeem was complaining he had lost face with the Muslim community.

A.R.A. Hafeez, Media Consultant to Minister Hakeem and his own brother, issued a strongly worded statement. Some of the references in it were also repeated by the Muslim Congress leader when he addressed a meeting at Katugastota on Friday afternoon. This is what it said:

“The Leader of Sri Lanka Muslim Congress (SLMC) and Minister of Justice, Rauff Hakeem, has requested His Excellency the President Mahinda Rajapaksa to convene a cabinet meeting to discuss the rising religious unrest and civil disturbance in the country.
“Minister Hakeem has also contacted all the Muslim parliamentarians including Senior Minister A. H. M.Fowzie (who is currently out of the country) and Hon Ministers Rishard Bathiutheen and A. L. M.Athaullah for the meeting, with this regard.

“The Minister wishes to take this opportunity to record his patent displeasure and condemnation on the attack on a private business site, last evening. He believes that this was seemingly carried out as a sequel to the on-going attacks on the religious places and hate campaigns against Muslims and other religious minority communities in the country. As such, Minister Hakeem says he is constrained not to treat this as an isolated incident. He is equally dismayed at the ineffective response of the law and order machinery in containing the spread of such violence and unrest that fuels insecurity and peace of all minority communities in Sri Lanka.

“He says that we believe that the 30-year civil unrest, violence and bloodshed confined to the war front of the North and East is over. What we are now witnessing is unrest and violence extended to the rest of the country too, threatening post-war religious freedom with the potential to lead our multi-ethno-religious communities to irreversible depths of antagonism once again. The President and his powerful good office that contained violence and bloodshed of the past, he believes can and will waste no time in curbing such violence too, by nipping it in the bud.

“The Hon Minister stresses that the duty and responsibility for the protection of the people must be borne by the legitimate government and the State apparatus of the country alone. No religious extremist/militant element can take the law onto (sic) themselves nor should they provoke others. In this light, the Minister appeals to His Excellency the President and the most revered Buddhist high prelates to take proactive action to stop this spread of religious attacks and intolerance.”

According to Police, a group of persons estimated to be around 500 including some in yellow robes had carried out the attack. Those in the crowds told senior DIG Anura Senanayake, who rushed to the scene and was reporting to UPFA leaders, that it was retaliation for the alleged rape. It transpired thereafter that a lesser known radical group was involved. A Muslim Deputy Minister on Friday accompanied the businessman for a meeting with top government leaders. He was assured protection to carry out his business. He was also asked to maintain silence and not talk to media, lest it arouse passions further.The situation was brought under control after Police Special Task Force (STF) commandos and armed troops were moved in. Details of the incident appear elsewhere in the Sunday Times today.

The conversation between President Rajapaksa and the Justice Minister went to and fro. Rajapaksa asserted there was no need for an emergency Cabinet meeting. If Hakeem so insisted, the President said, he would summon a meeting of the Government Parliamentary Group where concerns expressed by Hakeem could be expressed. Hakeem’s charge is that small sections of the Buddhist clergy backed by civilian groups were targeting the Muslims, particularly the businessmen. He feared that the groups were stepping up their campaign ahead of the National New Year so there would be a total boycott of Muslim business houses. The Government was aware of moves by groups and had, in fact, directed the Police to crack down on those violating the law. An intelligence source denied there were moves for a countrywide action. “They do not have that reach,” the source said and added “we have identified less than twenty such small groups.” Last week, Police arrested a group which had attacked a prayer room at Kottawa.

Later on Friday afternoon, Presidential Secretary Lalith Weeratunga telephoned Hakeem. It seemed a move to pacify him after his heated conversation with the President. Weeratunga was to tell him that a special Cabinet meeting was not necessary and an official statement on behalf of the Sri Lanka Freedom Party (SLFP) would be issued by Minister Maithripala Sirisena, the General Secretary. That was to make clear that the Government did not condone such attacks.

However, such a statement was not released until last night.Police said those involved in Thursday night’s attack would be charged in court. Their surveillance cameras, they said, held the identities of persons involved. The move came as the Bodu Bala Sena (BBS), a group of monks that spearheaded the anti-halal campaign, denied on Friday any involvement in Thursday’s attack. Its Secretary Ven. Galaboda Aththe Gnanasara said,”We vehemently condemn the incident which took place at Pepiliyana. Our organisation has no connection over this incident. There are some organisations and even sections of the media making claims that we were involved in the attack. That is not correct. We are calling the authorities to arrest the persons involved in the attack. We have been informed that there were persons dressed as Buddhist monks. Even they should be arrested. Since our organisation is gaining popularity there are various groups which are trying to discredit us.”

Ven. Dr. Medagoda Abeytissa Thera, Chief Incumbent of the Sunethra Maha Devi Pirivena, was being driven for a religious engagement when he saw the large crowd. He realised there was something uneasy happening.He urged his monks in the temple to go over and check. They rushed in and pleaded with the mob not to resort to violence. Later, Ven. Dr. Abeytissa Thera, also turned up and told the assembled mob that he had chanted Pirith (Buddhist blessings) in the Muslim businessman’s building before they had opened for business.

The Government Department of Information, issued the only formal statement on behalf of the Government. On Friday night it said, the Department “calls on the public to refrain from spreading rumours that could incite violence and hatred among communities. It is the duty of all citizens to protect unity and peace in the country at a time when there are foreign conspiracies to take off the benefits gained from ending the three decade old war. At a time when attempts are being made to bring disrepute to the country at an international level by creating unrest within the country and putting the country in danger, the Government (Information) Department expects the full cooperation of the media to inform the public in a manner which helps to build unity and co-existence among different people in the country.”

Last Thursday’s weekly Cabinet meeting did not take place. Most of the ministers were at the Government sponsored Deyata Kirula exhibition in Ampara. This extravagant multi-million rupee exhibition held annually in different parts of the country showcases the Government’s “achievements”. Considerable focus still remains on the military defeat of Tiger guerrillas in May 2009. While large crowds attended, Police Chief N.K.Ilangakoon had to make a public appeal to Muslims in the Ampara District. A fear psychosis had gripped the areas they lived. Hence, they did not avail themselves of the free bus rides to the exhibition.

President Rajapaksa had on a previous occasion discussed the same issue raised by Hakeem and other Muslim ministers. It came after the last Cabinet meeting on Thursday, March 21. Days earlier, Hakeem had telephoned Rajapaksa to raise some concerns. By then, Rajapaksa had remarked to his ministers that he had received a letter from the Organisation of Islamic Cooperation (OIC) expressing concern over alleged threats to Muslims in Sri Lanka. The Jeddah-based OIC is the parent body of 57 member countries. After the United Nations, it is one of the largest inter-governmental organisations. Its letter had been handed over to the Sri Lanka Embassy in Saudi Arabia.

Rajapaksa said Muslim ministers in the Cabinet should jointly respond to it. At the end of that ministerial meeting, he summoned the Muslim Cabinet ministers. Besides Hakeem, they included Rishard Bathiudin and A.H.M. Fowzie. President Rajapaksa gave ear to the issues raised by the Ministers and explained to them the different reports his Government had received. Earlier, intelligence agencies had reported about a group including a few members of the Buddhist clergy’s travel to a Scandinavian country with the help of a Colombo based-INGO (International Non-Governmental Organisation) headed by a foreign national. There were fears that some of those who went on the trip were among those involved in the anti-Muslim campaign. However, other sources said there was no conclusive evidence to establish this except for the mere fact that those involved had travelled to the country in question. They became the subject of a detailed investigation.

Under pressure from their different branches, the Sri Lanka Muslim Congress (SLMC) high command was meeting yesterday to discuss what it calls threats to the Muslim community. Sections of the party leadership were mounting pressure on leader Hakeem to leave the ruling UPFA coalition as a protest if no Government action was forthcoming. The meeting continued till late last night.

Another area of trouble shooting rekindles the aftermath of the impeachment of Chief Justice 43, Shirani Bandaranayake. Taking over formally as President of the Bar Association of Sri Lanka (BASL), the country’s premier organisation representing the legal fraternity yesterday, was Upul Jayasuriya, a lawyer who has appeared in several fundamental rights cases and was a one-time secretary of the BASL. In a surprise development, Ms.Bandaranayake turned up as the chief guest for the 39th Annual Convocation, a move which confirmed that the BASL recognised her as the Chief Justice. The 44th incumbent, Chief Justice Mohan Peiris, was not invited – not even as a President’s Counsel. Days ahead of the event, Government ministers and several legal personalities were busy spearheading pressure moves to exclude Ms.Bandaranayake and have Peiris invited, but to no avail. Reports of yesterday’s proceedings appear elsewhere in the Sunday Times.

Jayasuriya was elected President on February 20. He told the Sunday Times, “They do not give us a way to forgive, forget and move forward. Chief Justice Bandaranayake continues to be harassed and intimidated.”

He said in a move that reeked with revenge, her husband was being tried for alleged bribery and corruption. “Another high-ranking personality who had gambled with people’s money to the tune of more than Rs. 12 billion had gone scot-free. “This is despite complaints to the Commission to Investigate Allegations of Bribery or Corruption,” he added.

Jayasuriya noted yesterday that the administration of justice depends upon the public recognising that judges act according to the law, are free of pressure or interference that impact on their role and responsibility. “If this confidence evaporates,” Jayasuriya warned “so does public respect for the judiciary.” He noted that it was as much a responsibility of those in power as well as those in the administration of justice that they endeavour to maintain public confidence.

Jayasuriya declared that a “political judge or a political Chief Justice can, in fact, cause more damage to the morale of the judiciary than an unscrupulous politician.”

He said, “Yet, it is the solemn duty of the Bar to face these challenges with firm resolve to stand up to judges acting according to political dictates rather than the judicial conscience and on the contrary, to defend judges who defy political commands at the expense of their civil liberties and sometimes, their very lives.” (a fuller text is published in the Sunday Times 2 section).

It was a personal snub for Peiris, Chief Justice 44, who took the job when several others refused it owing to the circumstances and controversial manner in which Chief Justice 43 was sacked. It was also a significant blow for the Government that the country’s 4,500 strong legal fraternity was hitting back at what was a ham-handed dismissal of Ms.Bandaranayake, a move condemned domestically and internationally. A legal eagle wisecracked saying, “after all, the Supreme Court is yet to determine whether the impeachment of Chief Justice 43 Shirani Bandaranayake is legal” – a reference to several cases before the country’s apex court which will take up the issue in June.

Meanwhile, contrary to claims by some government spin doctors that the second debacle in Geneva had no foreign policy implications, there were many. At least two most significant developments in this regard have surfaced though they were not pointed enough to draw attention.

One is moves at the highest levels of the UPFA Government to once again make an attempt to repair relations between Colombo and New Delhi. How the task, which is becoming increasingly difficult, is to be executed is yet to be seen. The first formal indication of the move came barely 24 hours after the second US resolution was adopted. Minister Dullas Allahapperuma, who is known to often reflect President Mahinda Rajapaksa’s thinking, told a news conference, “Our message is that you have to understand the sensitivity of India.

You should remember that India supported us to wipeout terrorism. Remember there are 80 million Tamils in Tamil Nadu. They are living some 20 kilometres away from Jaffna. If the Tamils were living in Matara they will not feel the problem so bad. Also remember the reality which the Congress party faces. Even if we were facing the same situation, we will not vote in favour of the resolution. Even the President admitted this position. India is not our enemy.” It was a subdued almost humbled reaction. Behind the scenes, there were other messages to India through diplomatic channels. One is a reiteration that the Government would not abrogate the agreement with Lanka-India Oil Company (LIOC). The deal enables the LIOC to use a part of the World War II vintage oil tanks in Trincomalee. Added Petroleum Minister Anura Priyadarshana Yapa, “It is very well known that the Indian government had to take that decision due to pressure from the Tamil Nadu government.”

Important enough, even the United States has publicly acknowledged the role India played in shaping the final character of the second US resolution. Confirmation of this came in an interview Robert Blake,Assistant Secretary in the Department of State for Central and South Asia, gave BBC’s Sinhala service Sandesaya. Here are the relevant Qs& As:

Question: And with regard to the resolution passed yesterday, Indian media reports say that U.S. vetoed a last minute attempt by the Indian government to bring in some amendments, especially calling for some international involvement in monitoring LLRC’s implementation. Is that true?

Assistant Secretary Blake: Well let me just say with respect to India that we worked very closely with India throughout the process and we indeed welcomed some of the changes that India made. So we were quite satisfied with the cooperation that we had with India, and I think going forward it will be very important for all of the international community to continue to work with India to encourage progress, since India has quite a lot of influence on the island.

Question: Did India propose any amendments at the last moment?

Assistant Secretary Blake: Like I said, we consulted closely throughout the entire process.
Question: Right.The original draft proposed by the United States, in the opinion of observers, was pretty much toned down at the last moment. Is that because of Indian influence?

Assistant Secretary Blake: I reject that premise. I don’t think that it was toned down in any way. I think it remains a very fair and balanced text that again reaffirms that Sri Lanka had to take meaningful action on reconciliation and accountability.

Blake, to be named US Ambassador to Indonesia by the White House in June, chose to reach out to a Sinhala audience through BBC’s Sandesaya service, and place on public record the role played by India. In doing so, he also contradicts some Indian ministers and officials who denied there was any move for last minute (oral) amendments. He said that India was “consulted closely throughout the entire process.”

It now transpires that it was Indian Finance Minister P. Chidambaram who kept leaking stories to the Indian media, especially NDTV about India moving amendments from the floor on the anti-Sri Lanka resolution in Geneva giving the distinct impression that these were going to make the resolution tougher. The Indian External Affairs Ministry did not subscribe to this and said nothing officially. Chidambaram no doubt must pander to the sentiments of the Tamil Nadu electorate from where he was narrowly elected at the last elections.

In what has turned out to be a clear free-lance exercise, Jaliya Wickremesuriya, Sri Lanka’s Ambassador to the United States, appears to have made an attempt to re-write a new foreign policy for Sri Lanka. In what appears to be remarks that have far reaching consequences, he called for an alliance with the United States where even defence cooperation would be one of the subjects. This is in a well written article, which some diplomats in Washington DC say, was handled by a public relations company. It appeared in the The Hill – Congress Blog which boasts it is where US “lawmakers come to blog.” The widely accessed website deals with material related to the US Congress and related issues. Here are edited excerpts of his piece titled “A role for Sri Lanka in US pivot to Asia” which has raised eyebrows among a few remaining professionals in the Ministry of External Affairs:

“As economic and political power shifts east, western nations are responding by reinforcing trade and security alliances across Asia. With the U.S.-Korea free trade agreement, a new military base in Australia, and deepening alliances across the region, the U.S. has recommitted to the Asia Pacific. As President Obama’s foreign policy pivots to Asia and the vision of “America’s Pacific Century” unfolds, U.S. strategic relations with Sri Lanka must also be examined.

“Sri Lanka is the region’s longest standing democracy with a burgeoning economy and vast opportunity for commercial, military and cultural partnerships. It has much to offer the U.S., already Sri Lanka’s biggest trade partner augmented by the 2002 signing of the Trade and Investment Framework Agreement. There exists a military-to-military relationship and the USAID presence has grown steadily since 1948. Education is another essential link, and Fulbright scholars are exchanged each year.

“Unfortunately our bilateral relationship has been side-tracked. Under brutal attack by the Liberation Tigers of Tamil Eelam (LTTE), an internationally proscribed terrorist organisation, Sri Lankans lived in fear for 26 years. The FBI described the LTTE as the “most dangerous and deadly extremists” in the world. This group pioneered the use of suicide jackets, assassinated Sri Lankan and Indian heads of state, and ruthlessly conscripted child soldiers. This constant threat of terror was the reality that plagued our island nation for the past quarter century…….

“We are moving in the right direction and are keen to broaden our bilateral relationship with the U.S., as recommended in the 2009 Kerry-Lugar Senate Report on Sri Lanka. This report concluded the need to re-chart U.S. strategy in Sri Lanka beyond humanitarian and political reforms. Indeed, there are many avenues of cooperation, including in the strategic and defence area where Sri Lanka can offer its experience in defeating terrorism.

“Most importantly though, we are now rebuilding our nation, and we believe the U.S. has an opportunity to participate in this effort from the beginning. We have investment requirements ranging from education, clean energy and tourism to maritime security and defence. Opportunities also exist for commercial partnerships, building the infrastructure of Sri Lanka’s future.

“There is value in new prospects for mutual development and prosperity, and it is imperative that the U.S. and Sri Lanka consider a broad engagement strategy to take advantage of these opportunities. Sri Lanka is well positioned to build on its 200-year-old trade partnership with the U.S. and become a stronger geopolitical and strategic ally in the decades to come.”

If indeed Ambassador Wickremesuriya obtained the approval of the Rajapaksa administration – either the President himself or External Affairs Minister G.L. Peiris – to spell out a new foreign policy initiative, it would directly impact both on China and India. He appears to be advocating that the United States contain China’s rise in South Asia and Sri Lanka. In the case of India, the United States will not engage with Sri Lanka without the concurrence and full knowledge of India. Hence the question is whether Ambassador Wickremesuriya is mooting his own foreign policy which he wants Sri Lanka to follow.

This is whilst the outcome of the UNHRC sessions demonstrated that very little remains if at all, in the country’s foreign policy. Or in the alternative, did someone at the Sri Lanka Embassy in Washington DC give the PR firm in question a wrong brief to have the piece ghost written to anger China and cause suspicions in India? There was stoic silence in the Ministry of External Affairs though such acts in other countries would prompt a recall of the envoy.

This week, Indonesia’s Foreign Minister Marty Natalagewa told the Financial Times that the US rebalance towards Asia was designed to contain China. He warned countries should be careful not to antagonise China unnecessarily. “In Indonesia on the whole we see China’s rise as an opportunity rather than a threat,” he said. “It’s how we respond to it that could become a threat,” he pointed out. He noted that the rise of China and the “subsequent ‘pivot’ to Asia by the US” have made it more difficult for Indonesia to maintain its traditional position of not aligning with any major powers whilst remaining friends with all.

Ambassador Wickremesuriya’s private foreign policy enunciations come decades after there have been bipartisan support in Sri Lanka for good relations with China. If Beijing helped with rice in the years when it was in short supply, it later became Sri Lanka’s largest supplier of military hardware during trying times. That it helped defeat Tiger guerrillas in May 2009 is too well known. And now, Ambassador Wickremesuriya wants to contain China’s rise in Asia. For that, he is seeking the help of the United States and offers to co-operate even in the field of defence.

These developments come at a time when there is political shadow boxing by both the Government and the major opposition. The ruling Sri Lanka Freedom Party (SLFP) has launched a campaign to build a million-strong army of youth under the banner Nil Balakaya or Blue Brigade. Not to be outdone, UNP leader, Ranil Wickremesinghe has set in motion a similar effort to garner youth support. Come May Day, and youth groups from all parts of the country will meet in Badulla for a rally and other programmes. He has placed young UNP parliamentarians Harin Fernando and Ruwan Wijewardene in charge of the exercise and declared even he would not attend the event. He wants the two MPs to arrange for contests, musical shows, education programmes and have them prepared for elections.

There is perhaps a more important May Day opposition meeting at Kurunegala on the theme Vipaksha Virodhaya. This will be attended by Wickremesinghe. Constitutional amendments and a Presidential election are likely early next year as reported last week. So, even before an official announcement, both sides are raising their youth brigades for a political tussle in the months ahead.

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