A New Year dawns in just two days and the travails for the UPFA Government seem heavier than those for the opposition.
The biggest worry centres on the United Nations Human Rights Council’s 25th sessions which begin in Geneva on March 3. One of the main planks of two successive United States backed resolutions was the issue of reconciliation. This is some four and half years after the military defeat of Tiger guerrillas. The resolutions called upon the Government to take steps to “ensure justice, equity, accountability and reconciliation for all Sri Lankans.”

Just this week, the Tamil National Alliance (TNA), the main stakeholder in the process, shot down President Mahinda Rajapaksa’s latest initiative. Winding up the budget debate (as Minister of Finance and Planning), Rajapaksa invited the TNA “to work in harmony with the Government.” The next day, TNA leader Rajavarothayam Sampanthan responded saying “our co-operation has always been available.” If that ‘shadow dialogue’ portended a new thaw in relations and a mitigating factor before the UNHRC sessions, though not surprising, did not materialise. Each side has its own political compulsions.

For the UPFA Government, 2014 is an election year. Resting comfortably on the support of the Buddhist polity, it cannot be perceived as leaning towards any move that would vitiate this. As revealed last week, President Rajapaksa told the Executive Committee of the Sri Lanka Freedom Party (SLFP) that either the presidential or parliamentary elections would be held next year. Most ministers believe it would be the former. He also declared that elections to the Western and Southern Provincial Councils too would be held early next year. However, plans for this are likely to be slightly delayed. This was after Catholic ministers pointed out at the last meeting of ministers that the Western Provincial polls would interfere with the feast at the St Anne’s Church in Talawila. UPFA sources say Rajapaksa had planned to dissolve Western and Southern Provincial Councils yesterday (December 28). This was to allow elections to be held for both councils on March 8 — significantly the date on which the UPFA won the Southern Provincial Council election in 1993 that turned the tide against the powerful United National Party (UNP) government of the time.

President Rajapaksa had asked Presidential Secretary Lalith Weeratunga to verify the request made by the Catholic ministers in the UPFA. Weeratunga had spoken with His Eminence Malcolm Cardinal Ranjith Archbishop of Colombo who had also confirmed the event was being held and recommended a change. Thus, the dissolution of the two PCs may be delayed by a week or two. The Presidential astrologer is now on the job to select a suitable alternate date.

Last Tuesday, the TNA at a meeting of parliamentarians and local authority members at the Town Hall auditorium in Vavuniya decided unanimously there should be no dialogue with the Government. That is not until the Government makes public its own proposals for reconciliation. In the light of this, the TNA will continue to boycott the on-going sittings of the Parliamentary Select Committee (PSC). This was one of four important resolutions adopted.

Ahead of these sessions, on the night of Friday, December 20, Rajapaksa met TNA leader Sampanthan at the customary post-budget dinner hosted by Speaker Chamal Rajapaksa. He reiterated his call to work with the Government and cautioned against extremists in the TNA. He said some of them were speaking against the country and were engaging in anti-national acts and that should not be condoned. Sampanthan maintained a stoic silence. A special guest at the annual dinner was Sardar Ayaz Sadiq, Speaker of Pakistan’s National Assembly. Rajapaksa mingled freely with ruling party and opposition MPs in what was a convivial evening.

Noting that the President had made some personal references to him during his concluding speech, a UNP parliamentarian told Rajapaksa that his leader had summoned him and cautioned him to be careful. The President laughed at what was a joke. Kawadada chandey thiyanney, (or when will you hold elections), some UNP MPs asked. Mama eka velavata kiyannam (I will tell you at the proper time), he replied. Rajapaksa looked at a young group of UNP parliamentarians and remarked that Vipakshayata tharuna parapurak innava. (The opposition has a young generation). One, who is a front-liner among reformists, then responded Apey vagey vipakshayak thiyana eka obathumata loku vasanavak (You are lucky to have an opposition like us). The President commented on another UNP parliamentarian for the contributions he was making on talk shows. The President was asked how he knew it. He said when he found the time; he would use his remote control to switch channels on the television. “I see everything,” he added.

That TNA decision not to resume talks with the Government also puts paid to any immediate efforts to establish a Truth and Reconciliation Commission (TRC) on the lines of the famous commission in South Africa. The Government in Pretoria has been engaged in behind-the-scenes diplomacy with the UPFA Government in Colombo for the setting up of such a commission. This was revealed exclusively in the Sunday Times of November 17. South African President Jacob Zuma had extensive talks with President Rajapaksa when he was in Colombo for the Commonwealth Heads of Government Meeting (CHOGM). Later, he met TNA leaders to formally place the proposal before them. Both, a visit by a South African delegation to Sri Lanka and a TNA delegation’s planned visit to Pretoria did not, however, materialise.

During his talks in Colombo with Rajapaksa, President Zuma had also wanted to invite an all-party delegation to his country. It was to draw a response from External Affairs Minister G.L. Peiris who said that the UPFA comprised representatives of different political parties. Diplomatic sources said Peiris sought to have a UPFA delegation invited when it was expressly meant for opposition parties also. The same sources say early next year will be elections for the National Assembly of South Africa, provincial legislatures and local councils. A date is yet to be announced by President Zuma. Ahead of that would be the 101st anniversary of the ruling African National Congress (ANC), the first since the death of Nelson Mandela. The same sources add that any tangible forward movement is unlikely until after May next year though the diplomatic dialogue will continue. This is in the backdrop of the proposed TRC for Sri Lanka not assuming any shape and form. What has been discussed were the broader outlines of the South African model that could be relevant to Sri Lanka with many new local elements and who would be the members. In the case of the latter the inclusion of upper-middle level military officers as members was also looked at.

At last Tuesday’s TNA sessions in Vavuniya, the decision to keep away from the PSC was made after its leader Sampanthan gave a detailed brief on the party’s dialogue with the Government. A notable absentee at the session was Selvam Adaikalanathan who represents the Vavuniya District. The other resolution adopted at the closed-door sessions of the TNA was not to endorse the on-going Government census to determine deaths or injuries to persons and property damage due to the “conflict in the past more than 30 years.” It is being carried out countrywide by the Department of Census and Statistics. Department officials have already declared that in respect of families of those who were killed or reported missing during the final stages of the separatist war in May 2009, “evidence forwarded by third parties or relatives will not be accepted.” Speakers at the event complained that the relevant application form had no provision for them to cite relatives and voiced fears that their names would be left out.

Whilst rejecting the Government census and urging their members not to support it, the sessions decided on the TNA’s own course of action. The TNA is to appoint its own panel of experts to go from one Grama Sevaka Division to another collecting statistics of persons killed or injured, missing and other data. Such a move will not only run counter to the Government’s own efforts and make it counterproductive. The purpose of the survey, prompted by the two US-backed resolutions, is to discern the numbers killed and missing which the Government believes would prove wrong claims in foreign quarters of higher counts. A TNA census in the areas they represent could run counter to the Government efforts and is bound to raise questions of credibility.

Another resolution adopted was to oppose Government plans to divert water from the Iranamadu Irrigation Tank in Kilinochchi for a water supply scheme for Jaffna. Earlier, Water Supply and Drainage Minister Dinesh Gunawardena proposed to the Cabinet the setting up of a Water Treatment Plant in Karainagar. But, the ministers decided not to pursue this proposal. Instead, they decided that work related to the Asian Development Bank (ADB) funded Jaffna-Kilinochchi Water Supply Project be expedited. It was also decided to ask the Water Supply and Drainage Board to conduct a study on the desalination of sea water to be used for drinking purposes, “taking into consideration it’s technical, environmental and financial viability and submit a report…..”

Although the TNA decided to oppose the move to draw water from the Iranamadu Tank, once the landing area for sea planes that brought LTTE ideologue, the late Anton Balasingham for peace talks, there are sections who are in favour too. One of them, a TNA parliamentarian blamed his colleague Sivagnanam Sritharan (Kilinochchi District) for whipping up opposition among farmers in the District. It was on the grounds that they would lose water for their cultivation of various crops. “The project involves the harvesting of water 32 feet above ground level. He won 8,000 votes and wants to increase it in the future,” a TNA parliamentarian said on grounds of anonymity.

Hailing from the Island of Delft, Sritharan, a former school principal made a speech in Parliament last month glorifying the Tiger guerrillas and praising its leader Velupillai Prabhakaran. The speech, however, was expunged from the Hansard, the official record of the House. During his meeting with Sampanthan at the Speaker’s dinner last Friday, Rajapaksa also told him that the issue arising out of the water project could be amicably resolved.

Temporary unity at last Saturday’s UNP convention. Pic by Susantha Liyanawatte

Sections of the UPFA are mulling over moving a vote of censure on Sritharan. This is in the light of the speech he made in Parliament. Some of them have already approached their counterparts in the United National Party (UNP) since such a motion would require a two thirds majority if Sritharan were to be expelled from the House. The TNA parliamentarian was also embroiled in another controversy this week after accompanying a Tamil Nadu journalist to Sri Lanka when he returned from a trip to India. The journalist, Maha Tamil Prabhakaran is now in the custody of the Terrorism Investigation Division of the Police. He is alleged to have taken photographs of Army camps in the North. Detectives have questioned him on whether he was planning a campaign against Sri Lanka in view of the upcoming UNHRC sessions in Geneva. Prabhakaran is expected to be deported in the coming week.

A fourth resolution was to take disciplinary action against TNA’s Pradeshiya Sabha members who have voted to defeat their own budget. The issue no doubt is a knotty one. One of those who voted against the budget in the Valvettiturai Pradeshiya Sabha is S.X. Kulanayakam, General Secretary of the Ilankai Thamil Arasu Katchi or ITAK. It is the official banner under which members of the TNA contested parliamentary, provincial and local authority elections. Despite calls to register the TNA, leader Sampanthan has delayed the move for fear of internecine issues exacerbating. The TNA, formed in October 2001, is now made up of the Eelam People’s Revolutionary Liberation Front (EPRLF), Tamil Eelam Liberation Organisation (TELO) and the ITAK. The Tamil United Liberation Front (TULF) is also a member of the Alliance but its leader V. Anandasangaree, a one-time MP for Kilinochchi, was not invited for last Tuesday’s sessions.

Unlike the UPFA and the TNA, the main opposition United National Party (UNP) has embarked on a programme to prepare for elections. A landmark decision when its annual sessions were held at ‘Siri Kotha’ last Saturday was the unanimous endorsement of a Working Committee decision to establish a Leadership Council. Even the 19 specific powers vested in the Council were endorsed unanimously. A noticeable supporter of the Council, at least at voting time, was Sajith Premadasa. He rose with all others after leader Ranil Wickremesinghe asked those in favour of the resolutions to stand up. Both before the sessions and thereafter, Premadasa has again turned a critic. The four resolutions, revealed exclusively in the Sunday Times (Political Commentary) of December 14 were adopted unanimously. However, Premadasa did not take part in the Leadership Council meeting which was held a day ahead of the annual sessions. He had instead written a letter expressing his inability to attend.

The UNP’s focus in the coming weeks appears two fold. One is to hand-pick candidates for the Southern and Western Provincial Councils. “We are in the process of selecting them,” Kandy District parliamentarian Lakshman Kirella told the Sunday Times. A member of the Leadership Council, he said, the party was figuring out who are the best and most suitable. This is whilst party leader Wickremesinghe was engaged in behind-the-scenes dialogue with other opposition parties about the prospects of fielding a common candidate for the presidential election.

A dinner party hosted by Mangala Samaraweera (UNP – Matara District), a former Foreign Minister in the Rajapaksa cabinet, was the cynosure of some political attention this week. Former President Chandrika Bandaranaike Kumaratunga was already there when Opposition Leader Wickremesinghe arrived with his wife Maithree. Kumaratunga was to kiss the two of them and express her compliments for the season. “Now we realise how fond you are of our leader,” remarked one of the lawyers present. He was one among those who had appeared for Samaraweera in the Matara incidents where anti UNP leadership protestors clashed with those who are supporters. Another remarked “Madam apith ekka enna. (Madam, come with us).” She was quick to say “I will never come back to politics. However, it is good to know you are now getting your act together.” Among others present at the dinner were Leadership Council chairman Karu Jayasuriya and UNP General Secretary Tissa Attanayake.

Even the Janatha Vimukthi Peramuna (JVP) appeared receptive to the idea of a common candidate though no firm decision has yet been made. Vijitha Herath MP told the Sunday Times, “There is talk of a Presidential election next year and we have also discussed it in our party. We are, however, still not decided on whether to support a common candidate or to field one of our own. Whatever we do, we want to work towards a democratic regime change.” The party has decided to field K.D. Lalkantha, who is responsible for trade unions as the Chief Ministerial candidate for the Western Province. A chief ministerial candidate for the Southern Provincial Council is yet to be made.

Ahead of the UNHRC sessions, the Government also plans to introduce the Prescription (Special Provisions) Bill in Parliament. The new law deals with “claims for immovable property including land of a displaced or disadvantaged person, by persons who have taken possession of such immovable property, including land, not to be conclusive proof.” The draft bill makes two illustrations:
= “A” is a displaced or disadvantaged person at the time “B” commences to possess “A’s” land – prescription will not begin to run against “A” as long as “A” continues to be a displaced or disadvantaged person.

•  ”B” commences possession of “A’s” land when A is not a displaced or disadvantaged person. “A” however, becomes a displaced or disadvantaged person thereafter, prior to the expiration of the period of ten years. In such event the period during which “A” continues to be a displaced or disadvantaged person shall not be reckoned when calculating the period of ten years.

The draft bill states “If at the time, where the right of any person to sue for the recovery of any immovable property including land shall have first approved, such person was a displaced or disadvantaged person or if after such right had accrued such person becomes a displaced or disadvantaged person, possession of the aforesaid immovable property including land by any other person shall not be taken as giving such person any right, title or interest to such immovable property including land by virtue of such possession, so long as the person to whom the right to sue for the recovery of such immovable property including land had accrued, continues to be displaced or disadvantaged person:

“Provided that, the adverse and undisturbed possession for 30 years of any immovable property by any person claiming the same, or by those under whom he claims, shall not be taken as conclusive proof of title in the manner provided for by Section 3 of the Prescription Ordinance (Chapter 68) where the person to whom the right to sue for the recovery of such immovable property including land, has accrued, is a displaced or a disadvantaged person.”

The bill describes a “displaced” as “a person who has been forced or obliged to flee or to leave his home or places of habitual residence as a result of or in order to avoid the effects of the armed conflict which prevailed in Sri Lanka.” It describes a “disadvantaged person” as one “who is unable to pursue his rights or defend himself in the court, in which he is by law required to pursue or defend such rights as a result of armed conflict which prevailed in Sri Lanka.”

The proposed law sets a time limit for those displaced or disadvantaged. It is any time from May 1, 1983 to December 31, 2012 for the entitlement of relief. If a displaced or a disadvantaged person is dead, the claims could be made by their lawful heir or heirs.
Besides issues before the UNHRC and elections in 2014, the UPFA Government is also stepping up its development programmes mostly with financial backing from China. The latest is the award of a contract to Sinohydro Corporation Limited for Rs. 7, 173,996,371.26 (over Rs. 7.1 Billion) or US$ 66,875,204.29 for the construction of Head Works for the Kaluganga Reservoir. This company beat two other offers also from China viz., China Harbour Engineering Corporation Ltd. and Sichuan Province Water Conservancy and Power Engineering Bureau.

A reservoir is to be constructed across Kalu Ganga at a location downstream of Pallegama Town in the Laggala electorate of the Matale District. This is one of main components of the Moragahakanda-Kaluganga Project being implemented by the Ministry of Irrigation and Water Resource Management. Besides China, also funding the reservoir are the Kuwait Fund for Arab Economic Development and the OPEC fund for International Development. The total commitment is US$ 99 million. The China Development Bank Corporation has granted a facility of US$ 300 million for phase one of the Improvement and Rehabilitation of Priority Road Projects. In addition, China has extended to Sri Lanka an interest free loan of 200 million Yuan. Early this month, the Cabinet also gave approval for Sri Lanka to sign an agreement with Beijing on the use of labour.

Already five different roads in the North built at a cost of Rs. 726.57 million with the assistance of the Exim Bank of China have been completed. This includes part of the Jaffna-Kandy Road and a road network within the Jaffna peninsula. The China National Technical Import and Export Corporation (CNTIC) has won a contract for the construction of the section of the extended southern highway from Pinnaduwa (Galle) to Godagama. A UPFA source said yesterday that a number of other projects were also in the pipeline.

Early this month, the ministers frowned on a move by Cultural Affairs and Arts Minister T.B. Ekanayake to obtain approval for Rs. 1,554 million for the completion of the SAARC Cultural Centre at Navimana in Matara. He was directed to complete the project with the Rs. 831 million already approved for the purpose. Ekanayake claimed that “the estimated cost has increased to Rs 1,541 million (Rs. 1.5 billion) due to the addition of the state of the art facilities necessary for an international centre of this nature on the advice of the SAARC Headquarters and due to the increase of market prices.” International centres or conference halls for the conduct of conferences already exist in Colombo and Hambantota. This is besides conference facilities offered by star class hotels. A ministerial source said the construction of another international conference hall in Matara “would be a colossal waste of public funds.” At present the SAARC Cultural Centre functions in rented buildings. The construction work at Navimana is being undertaken by troops of the Sri Lanka Army’s Engineering Services. At the 10th SAARC summit in Colombo in 1998, a resolution was adopted to establish a Cultural Centre in Sri Lanka.

The coming election year portends to be more troublesome for the UPFA Government than the opposition parties. It has both external and domestic issues to sort out whilst living costs are mounting steeply leading to greater public discontent. The question on many a lip is to what degree the opposition parties will be successful in exploiting this situation in the lead up to the polls ahead, and thereafter.