Committee
proposes far-reaching defence reforms
Strong minds,
great hearts, true faith and ready hands
Men whom the lure of office does not kill
Men whom the spoils of office cannot buy
Men who possess opinions and a will
Men who have honour, men who will not lie
Men who can stand before a demagogue and damn his treacherous flattering
without winking
Tall men, sun crowned, who live above the fog in public duty and
private thinking
This is what
a United National Front (UNF) Government Committee on defence reforms
wants a Service Chief to live up to. It says the "efficiency,
combat effectiveness and conduct of the Service will depend on the
capabilities and skills, professional competence, personal example
and leadership of the Chief."
Hence, the
Committee says the selection of a Service Chief (or Commander as
they are now referred to) "needs to be based on merit, performance,
seniority" and other criteria it has set out. "Seniority
therefore, should not be the sole criteria for selection. He should
be immune from political influence and not seek such patronage at
any time in his career," adds the Committee.
Recommendations
of the Defence Review Committee
Here are highlights of recommendations of the Defence
Review Committee in its first report - Matters relating to
higher defence control.
NATIONAL
SECURITY COUNCIL (NSC)
Composition:
Many were under the impression that the NSC should be defence
oriented and should comprise a few Ministers with Defence
officials also constituting a part of the Council. However,
when it was explained that National Security was an integrated
subject requiring examination and determination at the highest
levels of Government viz. - a Cabinet Sub Committee, it was
agreed that the composition of the NSC should be:
The President,
The Prime Minister, Minister of Defence, Minister of Foreign
Affairs, Minister of Finance, Minister of Interior with powers
to co-opt any other Minister in relation to the perceived
threat.
Servicing
the NSC: Should
be by the Cabinet Secretariat with inputs from professionals,
"Think Tanks" and Ministerial sources.
Statutory
Advisors: Secretary to Ministry of Defence, Secretary
to Ministry of Interior, Secretary to Ministry of Finance,
Professional Head of the Armed Forces (Chairman, Joint Chiefs
of Staff Committee), Service Chiefs and Inspector General
of Police (IGP), Head of National Intelligence, and, other
officials on invitation depending on the perceived threat.
Functions
of the NSC: (a)
Understanding the needs and aspirations of the people of Sri
Lanka that a National Security Policy serves to protect them
from all perceived threats. (b) An assessment and identification
of the "National Interests" including Foreign Policy
objectives (c) That a National Security Policy protects the
maritime, aerial and territorial areas of Sri Lanka and resources
thereof, and (d) Steps to be taken to thwart any perceived
threats from external and internal sources.
MINISTRY
OF DEFENCE:
From
its inception in 1947, the MoD was designated Ministry of
Defence and External Affairs; in 1977 the External Affairs
responsibility was taken over by the Ministry of Foreign Affairs.
The Police Department, the Immigration and Emigration Department
and the Department of Registration of Persons were transferred
in the late 2001 to a new Ministry of Interior. These are
steps in the right direction. The MoD can now concentrate
on the Armed Forces and should therefore be organised accordingly.
Defence
policy emanates from a proper assessment of national security
issues and in relation to other forces - internal and external.
The MoD must hence formulate this policy for the approval
of the NSC and for this purpose and others a Defence Council
has to be established under the MoD comprising:
Minister
of Defence (Chairman), Secretary MoD, Professional Head of
Armed Forces ( Chairman, JCSC), Service Chiefs and Head of
Intelligence.
The Secretary
to the Ministry of Interior and IGP can be invited if and
when required. They should meet weekly.
HEAD OF
ARMED FORCES:This
new appointment of Professional Head of the Armed Forces and
the MoD made by the Minister of Defence will be designated
Chairman, Joint Chief of Staff Committee (JCSC). As professional
head of the Armed Forces, he will be the:
(a) Principal
Advisor to the Government and the NSC on the military capability
and preparedness of the Armed Forces.
(b) He
will chair the meeting of the Service Chiefs and work out
military strategy; manpower and material requirements, prescribe
training particularly at Joint Service level and monitor such
training through an Inspectorate consisting of officers from
the three Services.
( c )
Co-ordinate any UN Peace Keeping operations required of the
country's Armed Forces and ensure that they are properly trained
for the purpose.
(d) Co-ordinate
Service Intelligence with the Head of National Intelligence.
(e) Ensure
proper public relations are maintained by the Armed Forces
(f) Ensure
the Armed Forces are trained and competent in communications
and information technology, and all other aspects of relevant
modern defence technologies.
ARMY,
NAVY AND AIR FORCE HEADQUARTERS:
Note
by the writer: The Headquarters to command each of the Forces
is to depend on the outcome of recommendations in the final
report. In other words, it is to hinge on the progress of
the peace talks. The Committee says it intends calling for
the three Services to submit their joint plans to meet perceived
threats, including the perennial protection of the Exclusive
Economic Zone (EEC). The presumption here is how the peace
talks will progress thus receding the need for war preparations.
Otherwise, they may have to project existing threat perceptions
at the time.
Service
Chiefs to be re-designated Chief of Army Staff, Chief of Navy
Staff and Chief of Air Staff.
SUBORDINATE
JOINT HEADQUARTERS:
a.
Joint Command for Land Operations: Supported where necessary
by the Navy and Air Force under the command of a Major General,
a Joint Command for Land Operations will be established. He
will exercise command over all troops and equipment allocated
to him for a particular task by the JCSC and will be directly
supervised by the Chairman as appropriate, if it is a joint
operation or by the respective Service Chief if it is a single
service operation.
b.
Joint Command for Maritime requirements under the command
of a Two Star Navy/Air Force Officer: There is a perennial
requirement of surveillance and interdiction of any unauthorised
entry into the EEZ and on to the shores of Sri Lanka. The
Navy and the Air Force will be primarily involved in a non-stop,
round the clock surveillance and interdiction role.
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The
three member Committee appointed by Defence Minister Tilak Marapana,
is headed by Austin Fernando, Secretary to the Ministry of Defence
and comprises Charitha Ratwatte, Secretary, Ministry of Finance
and Lt. Gen. (retd.) Denis Perera, a former Army Commander. Brigadier
Niranjan Ranasinghe serves as its Secretary.
It has already
brought out an 11-page report, its first. This is after the Committee
was called upon to deal with higher defence control - The National
Security Council, the Ministry of Defence, Any Joint Command of
the Forces or Co-ordinating Headquarters if necessary, and The Headquarters
of each of the Armed Forces and The Headquarters of any subordinate
Commands. They were also called upon to recommend selection criteria
for officers to be appointed to head the Armed Forces. The first
report was presented to Minister Marapana before the deadline of
August 31, this year.
Far reaching
changes, many of them significant as they come 57 years after independence,
have been recommended by the Committee. However, it will become
law only after legislation is introduced in Parliament. Such a process
will undoubtedly require the concurrence of President Chandrika
Bandaranaike Kumaratunga, who is Commander-in-Chief. Since the defence
reforms recommended will in effect strip her of powers she now enjoys
as Commander-in-Chief, the move will, no doubt, lead to a high degree
of controversy.
Among the highlights
of the Committee's recommendations are:
* Expansion
of the composition of the National Security Council.
* The creation
of a National Defence Committee (or Council) chaired by the Minister
of Defence . It is to meet weekly and be responsible for the day
to day running of the military machine.
* The appointment
of a Professional Head of the Armed Forces at the Ministry of Defence
to be designated Chairman, Joint Chief of Staff Committee (JCSC).
* Designation
of Service Chiefs to be changed from Commander to Chief of Army
Staff, Chief of Navy Staff and Chief of Air Staff.
* Creation
of Subordinate Joint Headquarters under Service Headquarters subject
to the directions of the Chairman of Joint Chief of Staff Committee.
They are:
(a) Joint Command
for Land Operations
(b) Joint Command
for Maritime requirements
Details
of the Committee's recommendations appear in a box story on this
page.
The proposed
defence reforms will require legal changes. Noting "very
serious and important changes conferring power and authority to
institutions (e.g. NSC, involvement of the Cabinet Secretariat in
the management of affairs, appointment of JCSC etc.) to function,"
the Committee has concluded, "the most practical means is to
confer the power and authority to the Minister of Defence
."
Hence it has recommended that the MoD should consider changing
the legal enactments and regulations. "Until these laws
/ regulations are changed interim appointments and establishment
of these institutions as appropriate and required could be done
either under an existing legal provision or on decisions taken by
the Cabinet of Ministers," the Committee has said.
This recommendation,
among other matters, revolves directly on some recent actions of
President Kumaratunga as Commander-in-Chief. Among them is the granting
of a three year extended term to the Commander of the Navy, Vice
Admiral Daya Sandagiri who was due to retire on September 1, this
year. Another is the 15 months extension of service granted to Commander
of the Army, Lt. Gen. Lionel Balagalle, who was due to retire tomorrow.
These changes did not win the approval of the UNF Government. In
addition the UNF also wants to grant extensions of service to scores
of officers in the Security Forces - a move that is being resisted
by President Kumaratunga.
It is in this
backdrop that Defence Minister Tilak Marapana, had a two-hour meeting
with President Kumaratunga, almost two weeks ago, to explain details
of the defence reforms. The thrust of his argument was simple. Since
the Minister of Defence was answerable to Parliament, it is he who
should be vested with the powers.
If UNF leaders
claimed later that she had agreed to study the reforms with a view
to supporting them, President Kumaratunga was to publicly ridicule
the proposed changes. She told a public meeting near Kandy that
the move was intended not only to strip her powers as Commander-in-Chief
but also to establish a dictatorship.
If this is
her response to the first part of the Committee's report, the second
part, which is likely to lead to the stripping of more powers enjoyed
by her as Commander-in-Chief, will be further grist to the mill.
In their second
report, the Committee has been tasked with six specific responsibilities.
At least two of them are more significant:
* The updating
and amendments (where necessary) of all regulations made in the
Army under Sec. 155 of the Army Act and relevant regulations of
the Navy and Air Force.
(NOTE: This
provision in the Army Act empowers the Minister of Defence, to make
regulations on a large number of matters including the discipline
of members of the Army; the disbandment of the whole or part of
any corps of the Army; the termination of the services of any member
of the Army; the administration of the Army; the assembly and procedure
of Courts of Inquiry; the procedure to be observed in trials by
Courts Martial; the confirmation and revision of the findings and
sentences of Courts Martial; and the carrying into effect of sentences
of Courts martial).
* The following
matters require to be examined closely in regard to prevailing circumstances
and recommendations made to achieve uniformity and enhance the capability
of the Army, Navy and Air Force with emphasis on merit and performance
of officers and other ranks especially for appointments to important
postings; promotions and extensions of service.
The Committee
has been called upon to complete its second report by December 31,
2002.
An equally
significant part will be the third and final phase of the Committee's
recommendations. Evidently, the UNF Government wants to take into
consideration the progress of the peace initiatives by early next
year. Therefore, the Committee has been called upon to recommend
the future strength, organisation and functions of the Army, the
Navy and the Air Force "in carrying out their responsibilities
in operations and in peace time." Similarly, even the composition
of the Volunteer Force is to be spelt out.
Another important
aspect which the Committee has been tasked is to identify and report
on training programmes suitable to meet current requirements of
the Armed Forces including participation in United Nations Peace
Keeping operations - a clear indication that the Government has
plans to send Sri Lankan troops abroad. The Committee has been called
upon to make its final report by April 30, next year.
A fuller analysis
of the defence reforms made by the Committee, in their first report,
may have to wait due to lack of space. However, it must be emphasised
that the Committee appears to have only obtained limited representations
in formulating its first report thus leaving out a broader public
participation.
By its own
admission, besides those in the three services and the Joint Operations
Headquarters, only the views of the Association of Retired Flag
Rank Officers (ARFRO), of which Lt. Gen. Denis Perera (a Defence
Reforms Committee member) is a senior member, have been heard. This
is not to fault the ARFRO, which has in its membership some distinguished
retired officers.
The Committee
also says discussions were held with a cross section of Officers
of the rank of Lieutenant Colonel and their equivalent in other
services, with Gen. (retired) Cyril Ranatunga (a former GOC of Joint
Operations Command and Secretary, Ministry of Defence) and three
former Commanders of the Navy. It notes that General Hamilton Wanasinghe,
(a former Army Commander and Defence Secretary), was unable to attend.
A serious question
that begs answer is why no broader public participation was allowed
before recommendations for defence reforms were made on an issue
which affects every Sri Lankan citizen. If a cross section of senior
Security Forces officers were consulted, there was still a larger
cross section that was even unaware of the existence of the Committee,
leave alone its recommendations. There were other professional groups
and qualified persons too who should have been heard.
More importantly,
none of the other political parties, particularly those in the Opposition,
were consulted on this all-important issue, which also concerns
them. Even in neighbouring India, both the Government and the Opposition
parties sit together to deliberate and agree on national security
issues. The fact that this aspect has been omitted when Indian help
is sought in many ways for defence reforms and related matters is
glaring.
Another aspect
which appears to have been ignored in higher defence control is
one of procurements. It is no secret that the war in the past 19
years have spawned billionaires and millionaires in uniform and
outside it.
In the field
of intelligence, the Committee report records that former DIG, Merrill
Gunaratne, "covered the subject of intelligence". This
is not a slight on him. He is the only one mentioned on the subject
of intelligence - a matter which has remained high on the list of
reasons why the Security Forces never won the 19 year long separatist
war.
Interestingly
enough, under the proposed reforms, besides bestowing administrative
responsibilities, the Secretary to the Ministry of Defence has been
placed as the final authority for intelligence. This is through
a Director General, National Intelligence, who will co-ordinate
all intelligence and function under the Secretary.
The proposed
defence reforms come at a critical juncture in the country's post
independent history, when there is an eight month long truce and
peace talks are under way to end the ethnic conflict.
The UNF Government
has given notice of a 19th Amendment to the Constitution to strip
the President of powers to dissolve Parliament an year after its
existence. Its passage will signal the dawn of a strong, largely
one party Government. And the passage of laws for defence reforms
that are to follow will only make such a government much more stronger
and powerful with all the military muscle.
What if this
politico-military strategy of the UNF does not work because Parliament
fails to approve the 19th Amendment to the Constitution and defence
reforms ? Whichever happens, it will be a landmark in the country's
history. A crucial chapter in history waits to be written.
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