Columns

• Questions over Easter Sunday massacre probe likely to become latest addition to Lanka’s woes at UNHRC; Bachelet to seek more funds to extend the term of the ‘war crimes’ secretariat
• Premier undergoes ‘top secret’ spinal surgery at private hospital amid tight security; contradictory statements by Namal and Chamal
•  Sumanthiran pooh-poohs PTA reforms; TNA partner parties send letter to India, seeking New Delhi’s help to ensure full implementation of 13A; letter also deals with federal features

Public relations disasters that the ruling coalition is showering upon itself liberally, that too in the absence of a vibrant opposition, are clearly the fallout of its own actions. The ruling coalition is not only hurting itself to tsunamic proportions but appears to make up for the failings of its otherwise distracted political rivals.

Just two weeks ago, a glaring instance overcame many others. Professional story tellers, whose numbers are on the rise, have never had the edifice of credibility tremble at such an unimaginable pace. Days ago, Senior DIG Ajith Rohana was re-named topmost spokesperson for the Police amidst rising political temperatures over the Easter Sunday massacres of 2019. This issue is threatening to become the latest shock addition to the woes of Sri Lanka at the UN Human Rights Council’s 49th sessions which begin in Geneva on February 28. Colombo’s Archbishop Malcolm Cardinal Ranjith has gone public in this regard based on ‘concrete inaction’ by the government after a probe by a Commission of Inquiry. Hectic diplomatic activity in this regard has begun and portends highly damaging consequences.

The UNHRC ‘agenda’ for the event, in the form of a second draft report, is now taking shape. It is to be finalised, diplomats say, after UN Human Rights High Commissioner Michele Bachelet returns to her desk after a vacation. She is also stuck with the task of raising the shortfall of funds for a 13-member Secretariat (as required by last year’s resolution) to collect evidence for use by countries that exercise universal jurisdiction. The UN General Assembly’s Fifth Committee in New York has recommended the continuation of this Secretariat for only six months. The minutes of the meeting seen by the Sunday Times thus make clear that more funds would be required if this specially established Secretariat is to function for a further six months as decreed.

Dr Hilali Noordeen, Consultant Orthopaedic and Spinal Surgeon

The Sri Lanka government, for its part, is also carrying out a string of significant course corrections.  It has stepped up its own drive to ‘mitigate, better argue or moderate’ a string of controversial issues where warnings were sounded during last year’s sessions. On Friday, in his national day address, President Gotabaya Rajapaksa reiterated that the government would not tolerate human rights violations. Does this mean tacit acceptance it has been prevalent in the country? The Foreign Ministry put together a team of top officials for a Zoom conference from Colombo with those in Human Rights High Commissioner’s Office in Geneva so they could dialogue on the relevant issues to the upcoming sessions.  Considering the two officials who undertook the consultations from Geneva, there were heads of almost all related institutions from Sri Lanka. Foreign Secretary Jayanath Colombage led the exercise. There were some who felt that a full “A” team should not have been fielded and the event kept to a lower official level. The fact that a top team was made available reflected a major change in approach. There are rumblings already among diplomats in Geneva over some measures. One is the proposed changes to the Prevention of Terrorism Act (PTA). The move does not seem to have met with favour among many. That means issues over the GSP Plus preferential tariffs from the European Union (EU) would still be a cliff hanger. So will acceptance from the broader international community to the PTA.

An interesting revelation came to the fore when Ministers G.L. Peiris and Ali Sabry were hosted to breakfast by Tamil National Alliance’s Abraham Sumanthiran in Jaffna this week. According to a TNA source, Sumanthiran asked light heartedly from Sabry: “Aren’t you ashamed to present this new draft as a reformed PTA to Parliament?” Sabry retorted promptly “it is not me who will present it” and pointed to Minister Peiris. The professor of law explained “we have to start somewhere….” That drew a further response from the TNA parliamentarian. “Sir, the meaning of the term reform should be revised with your own definition of the word.” That was to say there was no “reform” in the revised PTA. There was loud laughter among those present.

To plead Sri Lanka’s case on GSP Plus preferential tariffs, about which the European Parliament has already adopted a resolution recommending a temporarily withdrawal of the facility, Foreign Secretary Colombage is leading a high-powered delegation to Brussels. This is at the 24th EU-Sri Lanka Joint Commission on Tuesday (February 8). The Working Group was co-chaired by Manisha Gunasekera, Director General, Europe and Loannis Giogkarakis-Argyropoulous, Head of South Asia Division, European External Action Service in October, last year. On that occasion, the two sides discussed co-operation with the UN Human Rights Council. They agreed to take stock of progress at Tuesday’s meeting. This is amidst a high risk of temporary GSP suspension.

Premier’s spinal surgery

In recent months and weeks, many events, which have been handled with little or no public relations professionalism, have further muddied the Government’s case. Here is one such instance which is a striking: Not many in the echelons of power were aware that the Prime Minister’s Secretariat in Colombo has been in touch with one of United Kingdom’s foremost Consultant Orthopaedic and Spinal Surgeons in the past months. It was to obtain the services of Professor Hilali Noordeen, a Harley Street Consultant in London, to treat Prime Minister, Mahinda Rajapaksa. The Sri Lankan born specialist, a keen polo player who shares the sport with members of the British royalty, was President of the Oxford Union in 1983. Liaising with him for the exercise was local orthopaedic surgeon Dr Narendra Pinto, who counts a busy practice locally. 

Academically, Noordeen is highly acclaimed and is a professor in spinal surgery. He won the Gold Medal at the Fellow of the Royal College of Surgeons (FRCS) orthopaedics examination and has specialist interests that include spinal deformity, degenerative adult deformity, and deformity secondary to spinal injury and fractures. The TATLER Good Doctor’s Guide for 2013 notes, “The spine holds no secrets for Noordeen, who has been operating on it five days a week for almost thirty years. Sixty percent of his work is with children and adolescents, and the mainstay of his treatment is managing patients with deformity, such as scoliosis” or a sideways curvature of the spine.

On Sunday, January 23, the procedure was carried out at the Nawaloka Hospital in Colombo. Tight security and secrecy were maintained as a precautionary measure. It required the deployment of handpicked medical personnel from a security arm from outside the hospital, separate enclosures to carry out clinical tests and avoidance of any direct use of the patient’s name. In other words, officially, there was no Prime Minister Mahinda Rajapaksa as a patient. Doctors described the process as Laminectomy. A United States Johns Hopkins University journal describes Laminectomy as a type of surgery in which a surgeon removes part or all the vertebral bone (lamina). This helps ease pressure on the spinal cord or the nerve roots that may be caused by injury, herniated disk, narrowing of the canal (spinal stenosis), or tumours, it points out. The brief operation was over, after what a medical source described as a “minimum access procedure” which prunes down hospital stay from a fortnight or more to less than just hours. However, it does require a period of rest. This ailment is said to cause excruciating pain and it is known that Premier Rajapaksa had sought opinion from many a medical quarter earlier.  He also had to undergo a process of weight loss.

Just a day after the procedure was carried out, photographs released to the media reportedly of an event for diplomats hosted by Yoshitha Rajapaksa, Co-ordinating Secretary to the Premier on January 25 showed him talking to some guests. In a tweet that accompanied two photographs, Premier Rajapaksa declared “Had the pleasure of hosting members of the diplomatic corps domiciled in LKA for an eve of fellowship and dinner. Meeting friends and colleagues for an eve of relaxation is always special and treasured. Here’s to hoping that….”

Alongside this tweet was another from onetime veteran diplomat and now Indian External Affairs Minister, S. Jaishanker. It was obviously from New Delhi since he was not present in Colombo. Grateful to Hon. PM @ Pres Rajapaksa for his generous hospitality at a memorable get together for members of the Mission and other friends from the diplomatic corps in Colombo. @MFA _SriLanka. 

The photographs and the tweets, one would have thought, laid bare the factual situation. In most developed countries, a brief official statement is issued by the government in power when a dignitary undergoes such surgical procedures. That is to keep the public and the outside world informed and even relieved. There were at least two important reasons. Some social media sites had projected the surgical operation as one necessitated by a life-threatening situation rushing the Premier to hurried medical care — a false projection. Treatment for the ailment has been on the cards for quite some time. The other reason is even more significant.

It is no secret that Premier Rajapaksa is a fitness fanatic and has a pre-dawn work out at his own gym before sitting down for breakfast. That meal itself is a ‘mini banquet’ with a wide variety including Heel Buth (A popular breakfast dish in the villages made from leftover cooked rice overnight). A fellow partner at the gym has been his son, Minister Namal Rajapaksa. In the past, periodically there have been photographs in the social media. One was a shot from the private gym with his head on the ground and legs in the air. He was projected as a “macho” person in cartoons and caricatures. This was against his claimed political rival, the then Opposition Leader and former Prime Minister, Ranil Wickremesinghe. As one outlet suggested, Rajapaksa was dubbed a “Rambo” whilst his rival was a less tough opponent.

However, what brought about considerable confusion was a statement made to a news website by Minister Namal Rajapaksa. “There were reports that my father had been admitted to hospital and had also undergone surgery. That is untrue. My father and I only visited a patient who had been hospitalised. My father has not undergone any surgery as reported.” Subsequently, the Prime Minister’s elder brother and Minister Chamal Rajapaksa was to tell a meeting in a Colombo suburb that it was Premier Rajapaksa who was to have attended the event. However, he had to undergo surgery.

Though the young minister Namal would have chosen to play down the issue, it only led to more rumours. There were suggestions that an attempt was being made to hide something “more serious.”  Would not a factual statement from the Premier’s office been the answer? That absence of it only led to more confusion both in Sri Lanka and abroad. The presence of Premier Rajapaksa at Friday’s 74th national day ceremonies, held on a grand scale like the previous years, at Independence Square last Friday, was proof he was as good as he could be.

The dissemination of information over Premier Rajapaksa’s surgery is one from a lengthy catalogue of contradictory blunders that have caused not just embarrassment to the government. It has also caused irreparable damage to the country’s image. A few of the others, particularly in the absence of any official statement, include the explosion of liquefied petroleum gas cylinders (LPG), their acute shortage prompting the wide use of firewood in a bourgeoning era of skyrise apartments with modern kitchen equipment, rise in fuel and transport charges. Other than more often denying they ever occurred, “damage control experts” have not been able, so far, to explain to the public and those abroad (the foreign governments too), Sri Lanka’s own position and the rationale behind their responses.  Also, highly damaging has been the power cuts with claims that it will not take place. Did they not realise the enormous damage caused?

After 74 years of independence, this is perhaps the first time that the ruling coalition has been forced to confront a cocktail of both domestic and international issues where expression of contradictory positions has been rampant. Domestic issues are woven around a plethora of matters arising from those listed above or related to it. Ominous signs of danger also come from the 49th sessions of the UN Human Rights Council. Human rights High Commissioner Michele Bachelet will submit a written report on Sri Lanka, as mandated by last year’s resolution. The United Nations Resident Co-ordinator for Sri Lanka, Hanna Singer-Hamdy fired the first salvo on the twitter on February 2 – “12 years on the grief is still raw. Families of the disappeared have a right to know what happened to their loved ones & to demand accountability. They have a need for closure, healing, and redress. Their struggle for truth & justice must be accompanied by social support.” 

Tamil party’s letter to Indian envoy

An issue of significance was an Indian backed initiative by the Tamil Eelam Liberation Organisation (TELO), a member of the Tamil National Alliance (TNA), to help achieve the full implementation of the 13th Amendment to the Constitution. Nevertheless, the final letter which was signed and handed over to Indian High Commissioner Gopal Baglay by member parties of the TNA and those in the fringe did not restrict itself to the full implementation of the 13A. They also dealt with federal features and structure.

Here are highlights of the seven-page letter dated December 29, 2021:

THE INDO-LANKA ACCORD AND THE POLITICAL ASPIRATIONS OF THE TAMIL SPEAKING PEOPLES FOR SHARING OF POWERS OF GOVERNANCE

“………. The Government of India has actively engaged in this pursuit for the past 40 years and we are grateful for the firm commitment expressed by India to find a just and lasting solution that satisfies the legitimate aspirations of the Tamil speaking peoples to live with dignity, self-respect, peace, and security. We remain committed to a political solution based on a federal structure that recognises our legitimate aspirations. The Tamil speaking peoples have always been the majority in the North and East of Sri Lanka.

“The Government of India offered its good offices in 1983, which was accepted by the Government of Sri Lanka and consequently the Indo-Lanka Accord was signed on 29th July 1987. Thereafter the 13th Amendment to the Sri Lankan Constitution was introduced, establishing a provincial council system that envisaged devolution of powers to the provinces. But the Amendment was introduced into a Unitary Constitution making the exercise one of decentralisation instead of devolution. It is against this background that every effort made thereafter moved in the direction of surpassing the Thirteenth Amendment towards a federal structure…

“On 26th May 2009, President Rajapaksa issued a joint communiqué with the visiting UN Secretary General Ban Ki- Moon stating: President Rajapaksa expressed his firm resolve to proceed with the implementation of the 13th Amendment, as well as to begin a broader dialogue with all parties, including the Tamil parties in the new circumstances, to further enhance this process and to bring about lasting peace and development in Sri Lanka.

“The very next day, on 27th May 2009, the UN Human Rights Council adopted a resolution in which the aforesaid commitment by President Rajapaksa was incorporated in the following words:

“Welcoming also the recent assurance given by the President of Sri Lanka that he does not regard a military solution as a final solution, as well as his commitment to a political solution with the implementation of the thirteenth amendment to bring about lasting peace and reconciliation in Sri Lanka……….. This commitment was then repeated in May 2011 when External Affairs Minister G.L. Peiris visited New Delhi. A joint press statement with the Minister of External Affairs of India stated: ‘…the External Affairs Minister of Sri Lanka affirmed his government’s commitment to ensuring expeditious and concrete progress in the ongoing dialogue between the government of Sri Lanka and representatives of Tamil parties. A devolution package, building upon the 13th Amendment, would contribute towards creating the necessary conditions for such reconciliation.’

“This commitment was reiterated once again in Colombo in January 2012. After meeting President Rajapaksa, visiting Indian Minister for External Affairs, S. M. Krishna speaking at a joint press conference with Minister G.L. Peiris, stated:

“The Government of Sri Lanka has on many occasions conveyed to us its commitment to move towards a political settlement based on the full implementation of the 13th Amendment to the Sri Lankan Constitution, and building on it, to achieve meaningful devolution of powers. We look forward to an expeditious and constructive approach to the dialogue process. Most notably thereafter, on 13th March 2015, Your Excellency spoke in the Sri Lankan Parliament and stated:

“Today, my top priority is to make the States in India stronger. I am a firm believer in cooperative federalism. So, we are devolving more power and more resources to the States. And we are making them formal partners in national decision-making process.

“On the State Visit of President Gotabhaya Rajapaksa to India, on 29th November 2019, Prime Minister Shri Narendra Modi stated as follows: ‘We also openly exchanged views on reconciliation in Sri Lanka. President Rajapaksa told me about his inclusive political outlook on ethnic harmony. I am confident that the Government of Sri Lanka will carry forward the process of reconciliation, to fulfil the aspirations of the Tamils for equality, justice, peace, and respect. It also includes the implementation of the 13th amendment. India will become a trusted partner for development throughout Sri Lanka including North and East.’

“From all the above, the Government of Sri Lanka has on multiple occasions promised to fully implement the Thirteenth Amendment to the Constitution. But it did not stop there. The promise also included the very specific undertaking to “build upon the 13th Amendment so as to achieve meaningful devolution.” Even though the Tamil speaking people do not expect a proper and full-fledged devolution under a unitary constitution, yet such promises have mostly been given to India, quite appropriately, since it is with India that Sri Lanka has signed an international bilateral agreement, the Indo-Lanka Accord, in which these ideals were set out.

“However, successive Sri Lankan governments have not only failed in full implementation of the provisions in the Constitution about devolution and parity of status to the Tamil language but have unilaterally reacquired powers and institutions from the provinces, which continues to date. In addition, lands belonging to the Tamil speaking peoples are continuing to be grabbed by the State under various pretexts, with a view to radically alter the demography of the North and East. This must be halted immediately, or else the provisions of the Indo-Lanka Accord will be rendered nugatory. In this regard, we enclose hereto the list of matters of serious concerns to our peoples namely North and East Tamils and Up Country Tamils for your Excellency’s information.

“In this situation, we appeal to Your Excellency to urge the Government of Sri Lanka to keep its promises to: (i) fully implement the provisions of the Thirteenth Amendment to the Constitution (ii) implement the clear commitments made by all sections of government from 1987 onwards and enable the Tamil speaking peoples to live with dignity, self-respect, peace and security in the areas of their historic habitation, exercising their right to self-determination within the framework of a united, undivided country.

“R. Sampanthan, Leader TNA, Mavai Senathirajah, leader, ITAK (TNA), Justice C.V. Wigneshwaran, leader, TMK/TMCK, A. Adaikalanathan, President, TELO (TNA), Dharmalingam Siththadthan, President, DPLF, K. Premachandran, President, EPRLF and M. Srikantha, leader, TMPK.”

The latest memorandum did place Premier Narendra Modi’s government, which had pledged to extend support to resuscitate Sri Lanka’s deteriorating economy, in a dilemma of sorts. New Delhi had wanted to help Tamil parties to win portions of the 13A acceptable to all parties in Sri Lanka implemented. For the ruling BJP government, which is making inroads into the southern state of Tamil Nadu, it would have been a move to woo the Tamil community there too. However, the memorandum, a government source said, had assumed a different colouration placing the Colombo government with difficulties in the light of references to a federal character. Now, behind-the-scenes moves are afoot to arrange a TNA delegation to meet President Rajapaksa so matters could be discussed further.

The official visit today of Foreign Minister Peiris to New Delhi may culminate in several messages being conveyed by the Indian Government which could include the 13th Amendment to the Constitution, the Human Rights Council sessions in Geneva, relations with China, further Indian emergency economic assistance among others. The Government of Sri Lanka having recently acquired monetary bailouts from India should be aware that even among friends there are no free lunches.

All in all, as the government moves from one crisis to another, there are contradictions galore. Their public relations initiatives are being destroyed by those who are tasked to promote them and are infantile to a great extent ending with the government’s slip showing. The absence of a weak opposition has exacerbated the situation.

Despite Cabraal’s ‘No’, Govt is inclined to seek IMF assistance; India also advises to go for that option Finance Minister Basil Rajapaksa The Government has written to the International Monetary Fund (IMF) seeking technical assistance and for a delegation to visit Sri Lanka soon, Finance Minister Basil Rajapaksa told a news conference on Wednesday. He declared: “IMF is a forbidden word. Officially we have not gone for discussions but we have written to them requesting their assistance and expert knowledge. IMF is the international organisation set up to advice countries such as us that are facing crisis.” “I cannot alone decide on whether to act on their advice or not. We should first know, learn, and see what is happening. We will take their expert view. We have started the process.” He declined comment on whether this was a prelude to a full IMF engagement to assist Sri Lanka in the deteriorating economic situation and debt repayments. The remarks came when he briefed the media on a 100,000 work programmes this year spelt out in his budget. However, Finance Minister Rajapaksa’s comments fuelled speculation in financial and business circles that at long last the government was turning to the IMF for help. That, however, was short-lived. On Thursday, the IMF response to his appeal in the form of a letter from Vitor Gaspar, Director, Fiscal Affairs of the IMF circulated in different quarters. It confirmed that the IMF had “responded positively” to government’s request for a training and technical assistance mission on ‘macro fiscal capacity building for the newly established Macro-Fiscal Unit (MFU)” in the Finance Ministry. There was no other help sought or offered in respect of IMF support for debt servicing or related matters, the Sunday Times learnt. Yet, AGENCE FRANCE PRESSE (AFP) news agency, in a Washington datelined report, quoted a signed statement from IMF Mission Chief Masahiro Nozaki saying, “The International Monetary Fund is ready to discuss ‘options’ with Sri Lanka if the government asks for financial support.”  It added: “While the IMF has not received a request for financial support from Sri Lanka, the staff stands ready to discuss options if requested.” Central Bank Governor Ajith Nivard Cabraal, who is staunchly opposed to any IMF help tweeted on Wednesday: Finance Minister’s comment yesterday (2) re.”#SriLanka informing @IMFNews to provide #expert advice on #economic situation” is about a routine Technical Assistance Program on Macro-Fiscal capacity building for MOF’s new Macro-Fiscal Unit. Nothing else. The tweet also bore the following: @RealBRajapaksa@CBSL#lka. During a private visit to the United States between December 15 (2021) and January 1 this year, the Finance Minister did engage senior IMF figures in Washington DC. It is only upon his return that he introduced a financial package which gave a Rs 5,000 raise to state sector officials.  In fact, an IMF official team was in Sri Lanka from December 7 to 20 last year, for an annual economic assessment. This is in keeping with a provision (Article 4) which allows them to assess national economic and fiscal needs of a member country. CB Governor Cabraal has been staunchly opposed to any role in Sri Lanka by the IMF over a financial bailout or debt restructure. His remarks, often countering international credit rating agencies, caused considerable confusion in world financial markets. “We don’t need relief if we have an alternative strategy,” he told CNBC’s “Squawk Box Asia” programme on January 24.  The remarks appear to underscore the fact that there was no alternative strategy. In fact, countries like India and Bangladesh, which helped Sri Lanka, had staunchly recommended recourse to the IMF. Finance Minister Rajapaksa’s declaration on Wednesday came barely hours after Sri Lanka and India signed a credit line. New Delhi is giving Sri Lanka a short-term line of credit (STLOC) for US$ 500 million for fuel imports. A friend in need is a friend indeed, tweeted Indian High Commissioner Gopal Baglay when Treasury Secretary, S.R. Attygalle and India’s Exim Bank Chief General Manager Gaurav Bhandari signed the agreement. In fact, when Minister Rajapaksa was in New Delhi for talks on December 21 last year with his Indian counterpart, Nirmala Sitharaman, she advised Sri Lanka to seek recourse to the IMF. When the MoU was then under consideration, efforts by the Sri Lanka High Commission in New Delhi and the Ministry of Foreign Affairs to arrange for a meeting between Indian Prime Minister Narendra Modi and Finance Minister Rajapaksa did not materialise. This is despite an announcement by Foreign Minister G.L. Peiris at a news conference at the SLPP headquarters on November 30 last year that Rajapaksa would meet Premier Modi. This visit, Peiris said, was not just to get loans. We are also focused on getting capital and foreign investments through other means – investments, business relationships and the development of the tourism sector, he declared. However, according to Tamil National Alliance (TNA) sources, Premier Modi had invited their leader Rajavarothayam Sampanthan for a meeting on December 7 last year. A miscommunication, the source said, had put paid to this planned event which could have come as a snub to Finance Minister Rajapaksa. He has since been dealing with External Affairs Minister Subrahmanyam Jaishankar. The last occasion when a TNA delegation met with Premier Modi was in August 2014. On January 2, President Gotabaya Rajapaksa, and his senior advisor Lalith Weeratunga had a lengthy informal meeting with Sri Lankan born Dr Shantha Devarajan, who spent 28 years at the World Bank including serving as Chief Economist of the South Asia Region. The son of B.R. Devarajan, a Director of Civil Aviation and Government Agent for Trincomalee, they migrated to the United States. His father C.N. Devarajan was Secretary to Sir Ponnampalam Arunachalam. The leading economist did not mince his words in highlighting the dangers of prolonging the need to turn to the IMF; the meeting was proof that President Rajapaksa was seeking different views despite the tough stance taken by Central Bank Governor Cabraal. At the same news conference, Finance Minister Basil Rajapaksa also reportedly said that foreign exchange was procured by the government from the unofficial (black) market to pay for weapons purchases from North Korea. However, Rajapaksa later denied he made such remarks. These denials were repeated by Foreign Minister Peiris. A section of the Foreign Ministry is worried that the reported remarks may trigger an inquiry by a United Nations Panel of Experts. This is to determine whether Sri Lanka broke sanctions imposed by the UN Security Council on North Korea.