Rajapakse faces a tough Prabha


President Mahinda Rajapakse at a tri services guard of Honour after yesterday's swearing in. Photo: Lakshman Gunetilake

At the auspicious hour of 1.21p.m. yesterday, Percy Mahinda Rajapakse became Sri Lanka's fifth executive President.

Today, as he begins his first full day in office in this exalted position, he will be mindful that the challenges before him are more formidable and even unprecedented. He would have to cope with some critical issues, the magnitude of which his four predecessors did not face. Nowhere is it more strongly reflected than in the country's defence and security establishment.

Hours after the good news reached him at "Temple Trees" that he was on the road to victory at Thursday's presidential elections; Mr Rajapakse appears to have been preoccupied. His focus was on his three priorities - the peace process, an improved law and order situation and development. In tackling the peace process he seems to be mindful of two aspects - firstly, as President, to prosecute it on "a new approach" for which he has won a new mandate. He pledged in his "Mahinda Chinthanaya" (Mahinda's Vision) to talk with political parties in Parliament, the clergy and identify issues within three months. He wants to seek a solution in keeping with the unitary character of Sri Lanka. In the interim he also wants to hold "direct talks" with the LTTE and has expressed hopes of meeting its leader, Velupillai Prabhakaran.

Mr. Rajapakse vowed to review the Ceasefire Agreement (CFA) with the LTTE. Direct talks and reviewing the CFA, no doubt, raise a key issue - the role of Norway as peace facilitators. In his address to the nation after yesterday's swearing in, he said “my government will be ready to engage the LTTE in discussing a political solution when the LTTE declares their readiness to resume negotiations, which they unilaterally abandoned. To this end, I shall soon initiate consultations with all parties concerned as a matter of top priority with a view to building consensus. My priority work in this area will include consultations with friendly countries who have worked with us in the past in regard to the peace process. “While these consultations are underway, he said he would re-affirm his "Government's continued commitment to the Ceasefire and readiness to review the operations of the ceasefire as soon as the LTTE is ready to do so. This is in order to effectively enforce its killings, abductions, child soldiers and other human rights."

In the past more than three and half years, dialogue with the LTTE has been through Norway. On Friday, Norway congratulated Mr. Rajapakse for his victory and acknowledged he had won a mandate from the people to pursue peace.

One time Special Envoy and now Norway's Minister of International Development, Erik Solheim who sent the congratulatory message said, "the Norwegian Government looks forward to continuing our close co-operation with the new President and the Government of Sri Lanka in a wide range of areas, including support for efforts to achieve a lasting peace that inspires confidence in Sri Lankans."

A statement from the Norwegian Foreign Ministry which announced Mr. Solheim's best wishes added, "Noting that Mr. Rajapakse had received a mandate from voters to work towards a negotiated political settlement of the conflict, Solheim extended assurances of strong international support as the new President grasps the key challenges of preserving the ceasefire with the Liberation Tigers of Tamil Eelam (LTTE) and taking forward the peace process." The statement, however, contained no reference to LTTE boycott of the polls, the democratic process that elected Rajapakse.

Secondly, as Minister of Defence and Commander-in-Chief of the Armed Forces Mr Rajapakse has an equally formidable task. As repeatedly revealed in The Sunday Times during more than three and half years of the ceasefire, the LTTE has built a stronger military machine including the acquisition of air capability. I will not spell out details on how this came about since this fact is is widely known. The stark reality of this situation was amply demonstrated in the days before the presidential election. The LTTE not only ordered a boycott of the poll in areas in the North and East they dominated, but more importantly, they had capably ensured its enforcement.

That it robbed United National Party (UNP) and Opposition Leader Ranil Wickremesinghe of victory at Thursday's poll is very clear from the results of the election. It was the UNP that succeeded in wrapping up a ceasefire agreement with the Tiger guerrillas and engaged in peace talks. During that period, the fact that the guerrillas used the opportunity to become militarily much more powerful is not a secret. It is also public knowledge that then President Kumaratunga, took over the defence portfolio (together with mass communication and interior) from former Premier Wickremasinghe's Government on the grounds that "the sovereignty of the State of Sri Lanka, its territorial integrity and the security of the nation have been placed in grave danger…."

As pointed out last week, she did little or nothing thereafter to rectify the situation. The level of preparedness of the armed forces receded. Corrupt activity and irregularities in procurements continued. Urgent needs were not met. Promotions, extensions of service and special favours were granted to officers in most occasions only if they were favourites. Military officers at the highest levels termed meetings of the National Security Council as "Sillara Kadey" - for the small talk and no action thereafter. Senior field commanders who came for presentations could not complete them for the meetings often concluded in a hurry. The Commander-in-Chief had other important engagements to attend and such events therefore had to be cut short. These are just a few of the examples to highlight the unfortunate situation these events have led to.

It is in this scenario that the LTTE, which became stronger both during the UNP and the United People's Freedom Alliance regime, ordered civilians under its control to keep off the polling booths. They proved again that in politics there are no permanent friends but only permanent interests by totally disregarding the UNP. Backing them, they seemed to believe, would mean a continuation of the shaky CFA and being locked in a dialogue for another five years under the watchful eyes of the international community. Instead they had a message for Mr Rajapakse. By denying support to the UNP, they were fully well aware; they were placing Mr Rajapakse at a distinct advantage.

What gave them that strength to do so? Is it not the fact that they were now militarily powerful and had two options, one to talk peace and the other to wage war? Both the UNP and the UPFA regimes have made this situation possible for them. That no doubt will become the biggest dilemma for President Rajapakse. The LTTE had all the time to prepare for war whilst talking peace.

But the new President has both to talk peace and ensure a higher level of military preparedness within little or no time. Tomorrow, just one day after becoming Sri Lanka's fifth President, the LTTE begins its "Maveerar (Great Heroes) Week." It is a week in which the guerrillas pay homage to their cadres who have died in action. The event culminates next Sunday with Mr. Prabhakaran's annual address.

In his address last year Mr Prabhakaran warned that the LTTE had no alternative other than "to advance the freedom struggle of our people" if the LTTE's demand for an Interim Self Governing Authority (ISGA) was not met. The ISGA proposal was termed by President Kumaratunga as a "stepping stone" for Eelam, the separate state the guerrillas are seeking to establish. Peace talks remain suspended since 2003. What will Mr. Prabhakaran now say? The coming events have cast their shadow.
Recent LTTE backed "resurgence" rallies have demanded that troops withdraw from High Security Zones in the North and East. By successfully ordering civilians under his control to keep away from the polls, the LTTE is now able to say that the public no longer believed in a democratic process emanating from Colombo. Therefore Mr. Prabhakaran's message next week, far from being conciliatory, is going to be a very tough one.
That is why President Rajapakse has a much greater responsibility than his predecessors. He is yet to pick on a Deputy Minister of Defence and a Secretary to the Ministry of Defence. With that over, he will have to address his mind to remedy some of the serious lapses and a legacy of misfortunes left behind for him by former President Kumaratunga. That includes personal favours conferred on select senior officers in uniform creating precedents and placing them at a much higher advantage than their colleagues.

An example is how a senior officer who was once deployed in a specialised arm in the military found himself in a position usually held by civilians. After failing to obtain a diplomatic attachment, in addition to his present military duties, he has been endowed with a government job. In the latter capacity, he draws a monthly salary of over Rs 150,000 for his imagination - visualising situations where acts of God can cause harm to Sri Lanka and her people. The same officer was under investigation not so long ago after trying to tap two state intelligence agencies to obtain sensitive information on how the military was dealing with Tiger guerrillas.
The material was to be handed over to the professor of a foreign university who is an ardent supporter of the LTTE. He was also accused of trying to set up appointments for this professor, whilst he was in Colombo, for meetings with intelligence operatives who covered the LTTE. The investigations led to the Commander of that particular service arm issuing him a severe warning. The appointment had been made despite this warning.

The Sunday Times learns that beginning tomorrow some top level changes are to be made in the security establishment. One top runger to be moved out had been dubbed by senior staff at "Temple Trees" as "Mr Negative." This is reportedly for turning down all the requests directed to him. Days ahead of the presidential elections, he drew an angry and stern warning from Mr. Rajapakse for being "discourteous" to the position he held as Prime Minister. Another is said to be the head of an armed forces intelligence arm who had been busy during the polls campaign in political activity. Similar changes are also to be made in some key slots in the Police. However, IGP Chandra Fernando has won praise for his role.
Already President Rajapakse has pledged to annul a recent Gazette notification that increased the upper age limit for retirement of senior ranks in the armed forces and incorporated other drastic changes. This notification had been given effect by former President Kumaratunga just three weeks before the presidential elections. President Rajapakse told The Sunday Times the changes made were "unfair and discriminatory." See box story on this page.

The task before President Rajapakse as both Minister of Defence and Commander-in-Chief of Armed Forces is an extremely unenviable one. Though he remained Prime Minister, only a heartbeat away from the Presidency, he was not afforded an opportunity to acquaint himself over any matters relating to defence or security by his predecessor. He was not invited to attend the National Security Council meetings or any other national security related conferences. Nor was he given intelligence briefings officially so he may keep abreast of developments in the country.

So, besides clearing the mess left behind for him by his not so well disposed predecessor, he has to now fulfil his election promises. They include a national policy on defence to protect the country's independence and territorial integrity, build the security forces in a manner their morale is high, that they are well trained and well disciplined. For all this, he will sure have to have the most suitable people in suitable positions. Like in all elections, there are many including those who have retired from the armed forces after a poor track record, who are now jockeying for positions.
Otherwise, all the faults of both the UNP and UPFA Governments, that had strengthened the Tiger guerrillas will fall fairly and squarely on President Rajapakse’s shoulders.

New President to annul controversial regulations


President Mahinda Rajapakse. Pic by Ishara S. Kodikara

President Mahinda Rajapakse will annul a recent hurriedly published Gazette notification increasing the upper age limit for retirement of senior ranks in the armed forces and giving effect to other drastic changes in the security establishment.

"These changes are unfair and discriminatory," President Rajapakse, who is now Minister of Defence and Commander-in-Chief of the Armed Forces told The Sunday Times. He said this matter would receive his priority consideration. He said he wants to ensure there is a "just and fair" system that will not affect morale or efficiency.

During a pre-election visit to the Security Forces Headquarters in Palaly (Jaffna) some middle level officers raised issue over this matter. They said the changes hampered their promotional prospects. Other officers who felt their future was bleak complained to him through informal channels that they had no option but to quit the service prematurely.

Many of them, veterans of the near-two-decade-long separatist war, said the changes were brought about without any proper consultation with just three weeks to go for the Presidential election. They alleged that they were designed to favour a few senior officers. Mr. Rajapakse, on both these occasions, assured that one of his immediate tasks upon being elected President would be to completely annul the new Regulations.
The Sunday Times learns that after allowing the regulations to lapse, some officers who were granted benefits in the form of extended terms would be called upon to quit. This is on the basis that their terms would have come to a close if the regulations in question were in force. This is expected to include some very high ranking officers. At least one Major General has been given a six month extended term and another a year under these regulations.

Former President Chandrika Bandaranaike Kumaratunga promulgated Regulations (in her capacity as Minister of Defence) under the Army Act to amend the Pensions and Gratuities Code (1981). Similar regulations were also promulgated under a Gazette extraordinary for the Navy and the Air Force. The controversial changes were rushed before the Presidential poll.
A major highlight of these far reaching changes is the increase in the upper age limit for the retirement of senior ranks in the armed forces. Commanders of these forces - a Lieutenant General in the Army, the equivalent rank of Vice Admiral in the Navy or Air Marshal in the Air Force - were permitted through the new regulations to serve until they are 60.
Earlier, the upper age limit for their retirement was 55. Thereafter, their terms of office were extended. There was provision then to re-appoint an officer upon retirement. The new regulations provided for extensions of service after the age of 55 to be carried out annually and on the recommendations of a Board.

A Major General in the Army (Rear Admiral in the Navy or Air Marshal in the Air Force) was allowed, in terms of the new regulations, to serve until they are 58. A Brigadier (Commodore in the Navy and Air Commodore in the Air Force) until he (or she) is 56. All officers below the rank of Colonel (Captain in the Navy and Group Captain in the Air Force) until 55. This is subject to the maximum mandatory period of service. In the case of a Lieutenant it is six years, Captain 11 years, Major 10 years, Lieutenant Colonel 8 years and Colonel 5 years.

Extensions of service of either a Major General or Brigadier (or their equivalent ranks in the Navy and the Air Force) beyond the age of 55 years or beyond the period or age limit, the Regulations stipulated, would be made by the President only on the recommendation of the Board. It was headed by the Secretary to the Ministry of Defence and included Additional Secretary, Ministry of Defence, the Chief of Defence Staff and the Commander of the Armed Forces concerned. The criteria for such extended terms, the new regulations said would be "an unblemished record of service, good conduct and the retention of his (or her) services" are in the best interest of the Army, Navy or Air Force.

Promotions to the rank of Major General or Brigadier in the Army (or equivalent ranks in the Navy and Air Force), the new regulations said will be upon the recommendations by a larger board. In an unprecedented move provision was made for one Commander to be involved in ascertaining the promotion of an officer not belonging to his own service.
It is likely President Rajapakse will shortly appoint a high powered Committee to examine how best early measures could be adopted to improve conditions in the armed forces. He is to seek expert opinion, including those of the officers serving in the Army, before the new changes are brought about. The aim is to ensure it is for the common good of all the officers and men and not just a handful.


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