Columns

• Names of Gotabaya, Basil, and Mahinda likely to be included in new Zero Draft resolution
• Blunders of the past few years and months exploding at Govt’s doorstep: Ali Sabry to seek more time to address issues
• Ruling SLPP alliance splits into Koththu rotty groups; they could make things bitter or hotter

By Our Political Editor

Now comes a new joke. The fracture of the main ruling Sri Lanka Podujana Peramuna (SLPP)-led government and the emergence of groups under different labels, have been branded, again humorously, as Koththu rotty parties. Whether it is a slur on the Sri Lankan delicacy that has gained worldwide recognition or not is another matter. The allusion is to what goes to make it — Godamba rotty, mostly the remnants after it has been served in that form, together with onions, leeks, cabbage, eggs, the meat and what have you. On the culinary front, there have been many innovations since it became popular. An addition that is popular is the Dolphin kottu or one made with cheese.

On the political front, however, the so-called Koththu rotty parties, as the events this week showed, are providing different flavours to a fast-changing scenario. Even if they do not have a large support base to form a government on their own, they could remain more than a nuisance value. They could make things bitter or even hotter. Take for example the pro-China National Freedom Front (NFF)-led by Wimal Weerawansa. The onetime Janatha Vimukthi Peramuna (JVP) frontliner, who once wrote copious “self-confession” letters to his late leader, Somawansa Amerasinghe, for making ‘mistakes,’ has now ensconced himself as the leader of the new Uttara Lanka Sabhagaya or Supreme Lanka Coalition. Essentially, it is a collective of left-oriented groups and includes veteran Communist Party leader D.E.W. Gunasekera.  Both Beijing and Moscow have thus found a voice in the hallowed precincts of Parliament and outside it. Their support to the government, it appears, will now be on an issue-by-issue basis. Weerawansa said on Friday, they would, otherwise stay independent. Of course, he criticized the appointment of 37 state ministers saying it would cause a financial burden.

Of much lesser importance is the formation of another political party, Nawa Lanka Nidhahas Pakshaya or the New Lanka Freedom Party (NLFP). As the name implies, it is a counter to the Sri Lanka Freedom Party (SLFP), at least by name. It is led by Kumara Welgama, a former stalwart in the SLPP. Gracing the occasion was onetime President and former Sri Lanka Freedom Party (SLFP) leader Chandrika Bandaranaike Kumaratunga. If her presence signalled the arrival of a new SLFP, she made clear she had no plans to join and thus re-enter politics. There were others who made their presence felt but also made clear they too were not planning to be new members. That included Sihala Urumaya leader Patali Champika Ranawaka and onetime minister Anura Priyadarshana Yapa, who leads an independent group that broke away from the SLPP. Other groups that have splintered from the SLPP were identified in these columns last week.

New parties dot Lanka's political landscape: Left: Former President Chandrika Kumaratunga attend the inauguration of the New Sri Lanka Freedom Party led by Kumara Welgama. Right: Uttara Lanka Sabhagaya or Supreme Lanka Coalition stalwarts, including its leader Wimal Weerawansa, greet supporters at the party's launch this week. Pix by Gayan Amaraseha and Jayamal Chandrasiri

Politics of state minister appointments

Further break-ups in the SLPP were thwarted on Thursday with the swearing in of 37 state ministers. Together with the twenty who form the cabinet of ministers, those parliamentarians holding positions in the new government total 57. Every fourth MP in the 225-seat Parliament is now a minister or a state minister. Thursday’s event was not a popular move. However, politically it is an inevitable one. The beneficiaries of perks and privileges form the bulk of the backers of Basil Rajapaksa, the ideologue of the SLPP and the man behind its phenomenal rise and ignominious fall. For his party’s support to President Ranil Wickremesinghe, he wanted to make sure, the parliamentarians received something in return. For weeks before the swearing-in, that was the cry. There were threats to vote against the interim budget. So, the last task of Basil Rajapaksa, before he emplaned in the early hours of Friday for a sojourn in Los Angeles, was to revert to status quo ante. No matter whether those among the recipients were tainted with allegations or not, in promoting them, he rubbed salt on the sore wounds of a majority of the public still reeling from an economic catastrophe. There is little choice for President Ranil Wickremesinghe. He had to take it or leave it for good. He has chosen the former. That is the price for having only one MP, Vajira Abeywardena, representing the United National Party (UNP) in Parliament. Other than that, he is the President of an SLPP government.

There are still three more vacant positions of state ministers with the constitution placing the ceiling at 40. There is also much more room to accommodate those who want to join the cabinet of ministers. With the All-Party Government (APG) not becoming a reality, President Wickremesinghe now wants to form a National Executive Council for governance. Thus, an expanded cabinet, either with only members of the Sri Lanka Podujana Peramuna (SLPP) or others willing to join will soon become a reality. Thursday’s swearing-in of state ministers saw the return of a member of the Rajapaksa family. Shashindra Rajapaksa was assigned the subject of irrigation. However, President Wickremesinghe strongly resisted moves by Basil Rajapaksa to include in the cabinet another young and prominent member of the Rajapaksa family.

A blow from Thursday’s swearing-in was on the SLFP. Six of its parliamentarians — Lasantha Alagiyawanna (Transport), Ranjith Siyambalapitiya (Employment Promotion), Jagath Pushpakumara (Foreign Employment Promotion), Shantha Bandara (Mass Media), Suren Raghavan (Higher Education) and Chamara Sampath Dissanayake (Primary Industries) – became state ministers. It was only last week they were backing their leader, Maithripala Sirisena and took part in the SLFP’s annual convention. Earlier, two SLFP parliamentarians — Nimal Siripala de Silva, the party’s senior deputy leader, and Mahinda Amaraweera – ignored the party’s wishes and joined the cabinet. If the SLFP’s constitution was amended, with the approval of the Central Committee and the National Executive Committee to give more powers to the party leader to deal with errant members, the new development has made Maithripala Sirisena’s position weaker. Yet, lure for positions is not a trait that is restricted to the SLFP alone.

SLFP Chairman Sirisena said in a statement, “We express our regret that some SLFP MPs have accepted ministerial posts for their own personal gain, contrary to the position of the party.” He said that even in a “challenging and confusing political environment, as a responsible political party in Sri Lanka, the SLFP will act more responsibly and sensibly for the security and welfare of the country and people, with a good focus on current political events.”

In another development, D.V. Chanaka, who took his oaths as the Minister of State for Conservation of Wildlife and Forest Resources, informed President Wickremesinghe within an hour after being sworn-in that he was not willing to accept that portfolio. Chanaka has confessed to friends that he was not in favour of working with Minister Mahinda Amaraweera. His portfolio was thereafter changed to State Minister for Power and Energy. The State Ministry has been broken into two. Indika Anuruddha was earlier sworn in as the only state minister.

The main opposition Samagi Jana Balavegaya (SJB) is opposed to the appointment of state ministers and described it as a massive waste of public funds. “It only bolsters the position of President Ranil Wickremesinghe. Moreover, it is not representative of an All-Party Government,” SJB General Secretary Ranjit Madduma Bandara said yesterday. He said public funds were being wasted to provide special perks to 37 politicians. This is at a time when there is a growing outcry to cut down on extravagant expenditure, he said. The issue is not whether the MPs will not get a minister’s salary. It is one of whether such a colossal exercise is needed at a time of crisis like this, he pointed out. Madduma Bandara said that the SJB had not “yet decided” whether to join the National Executive Council. “We don’t even know what the composition would be,” he noted, adding that there were serious questions about the stability of the government. The SJB General Secretary’s assertions about indecision over whether to join the proposed National Executive Council, however, were contested by other senior members. Leader Sajith Premadasa was ‘steadfastly’ of the view that the SJB would not be a party to such a body, a member who is close to him said. “Why should he agree to join a new body when he has rejected overtures for the SJB to join the All-Party Government,” he pointed out.

This week’s political developments raise several questions. A key issue is the stability of the government which is set as a precondition by the international community for further assistance. This is particularly in the backdrop of Thursday’s swearing-in of 37 state ministers. Those who have won positions include MPs who have allegations of corruption against them. Then there are others who sprayed chillie powder in the well of Parliament during the crisis over the expulsion of Ranil Wickremesinghe as Prime Minister in the yahapalana government in October 2018. There are also those facing charges over attacks on protestors by SLPP goon squads on May 9. Yet others include those allegedly engaged in violent activity. Together collectively they have projected a grim image to the world only weeks earlier.

Economic crimes

All these assume added importance after the latest 16-page Report of United Nations Human Rights High Commissioner for Human Rights Michelle Bachelet was issued this week. As exclusively revealed in these columns last week, she has taken cognizance of economic crimes and their connection to abuse of power. This is the first time such references have been made in her report which had often repeated concerns over violation of human rights and humanitarian law in Sri Lanka. Under the heading Further options for advancing accountability , the report, for the first time, highlights the following:

• The High Commissioner hopes that the new administration will respond to the popular demand for accountability for economic crimes, including corruption, and abuse of power with a renewed commitment to end impunity. As noted above, the report of the national Consultation Task Force (CTF) appointed by President Wickremesinghe (when he was Prime Minister in 2016) provides important recommendations for advancing accountability at the national level which remain an equally relevant starting point to this day.
• Sri Lanka is facing a devastating economic crisis, which has been severely impacting the lives of the people and underscored the indivisibility of human rights. The High Commissioner urges the international community to support Sri Lanka in its recovery. For sustainable improvement, however, it is vital to recognise and assist Sri Lanka to address the underlying factors, which have contributed to this crisis, including embedded impunity for past and present human rights abuses, economic crimes, and corruption. Support from the international community will have a meaningful and sustainable impact if Sri Lanka undertakes deeper structural, constitutional, and political reforms to strengthen democratic checks and balances and restore the independence of the institutions.
• Impunity remains a central obstacle to the rule of law, reconciliation and Sri Lanka’s sustainable peace and development, and remains the core risk factor for recurrence of further violations. Thirteen years since the end of the war, victims of past human rights violations continue to await truth and justice. The Sri Lankan State, including through successive governments, has consistently failed to pursue an effective transitional justice process to hold perpetrators of gross human rights violations and abuses accountable and uphold victims’ rights to truth, justice, and reparations. Rather, they have created political obstacles to accountability, actively promoted and incorporated some military officials credibly implicated in alleged war crimes into the highest levels of government. This impunity emboldened those committing human rights violations and created a fertile ground for corruption and the abuse of power. Without an effective vetting process and comprehensive reforms in the security sector, serious human rights violations and atrocity and economic crimes risk being repeated as the State apparatus and some of its members credibly implicated in alleged grave crimes and human rights violations remain in place.
• The Human Rights Council should continue to monitor developments closely, and in the absence of tangible results at the national level that ensure justice for Sri Lankan people, Member States should continue to pursue complementary international strategies for justice and accountability for human rights violations, corruption, and abuse of power. The Office of the High Commissioner for Human Rights will continue to accompany the people of Sri Lanka in this vital journey.
• Support Sri Lanka in the investigation of economic crimes that impact on human rights and the tracing and recovery of stolen assets.

This is the first time the UN High Commissioner for Human Rights has made a complete departure from dealing pointedly with only human rights and humanitarian law issues. Why is it so important? It forms the centrepiece of a new Zero Draft resolution that will be introduced by the United Kingdom, (still the leader of the core group and not the United States), at the 51st sessions of the UN Human Rights Council that begins tomorrow. It is supported by United States, Canada, Germany, Malawi, Montenegro, and North Macedonia. The sponsors believe they have the backing of at least 22 countries. The Zero Draft has been the subject of intense discussion in Geneva among sponsors and their backers. Sarah Hulton, the United Kingdom’s High Commissioner in Sri Lanka, was in Geneva this week helping to promote the resolution. Also in Geneva for the same task is a delegation from the US State Department’s Global Criminal Justice Division. Due to join this team is Susan Walke, Chief Political/Economic Officer of the US Embassy in Colombo. The focus among those promoting the resolution is to help provide legal and other guidelines to countries that want to exercise universal jurisdiction permissible under their laws and try those against whom there is ‘credible’ evidence for a period of two years (September 2022 to September 2024) and diplomats in Geneva said that the special mechanism set up to gather fresh evidence would require additional funding for this purpose. They added that seven countries had agreed to enforce provisions of universal jurisdiction under their laws to deal with matters relating to Sri Lanka but did not identify them.

Diplomatic sources in Geneva also said that a copy of the Zero Draft is likely to be handed over to Sri Lanka tomorrow (Monday). It is also to be tabled at the first of the two informal sessions on the resolution at the UNHRC on Friday (September 16). “The only possible delay could be caused by either more inclusions or deletions,” the sources said. According to the same sources, the Zero Draft resolution seeks to recommend action against political leaders and state officials responsible for economic crimes that have adversely impacted on human rights in Sri Lanka. The names of ex-President Gotabaya Rajapaksa and his brother, former Finance Minister, Basil Rajapaksa, have figured in these consultations. About the latter, being a US citizen, one of the areas of discussion has been whether laws of a state in the US instead of universal jurisdiction under federal and/or international laws would be valid. Besides, reference is to be made to then President Mahinda Rajapaksa for not fulfilling ‘assurances’ given to Ban Ki-moon, then UN Secretary General, during his visit to Sri Lanka on May 26, 2009. The joint statement by the two leaders then noted that “Sri Lanka reiterated its strongest commitment to the promotion and protection of human rights, in keeping with international human rights standards and Sri Lanka’s international obligations. The Secretary-General underlined the importance of an accountability process for addressing violations of international humanitarian and human rights law. The Government will take measures to address those grievances.”

Human rights and humanitarian law violations Other than the references to action against those responsible for the economic crisis that has impacted on human rights, the UN Human Rights High Commissioner’s report has made recommendations about violations of human rights and humanitarian laws. Among the highlights:

• Take all necessary measures to guarantee people’s economic and social rights during the economic crisis; ensure immediate relief for the most marginalised and vulnerable individuals and groups based on non-discrimination and protection of human rights and strengthen social protection by increasing financing and extending it to cover emerging needs.
• Reduce military spending, decisively tackle corruption and  increase investments in health, social security, and education through international cooperation; assess any potential human rights impact of international financial assistance programmes and take preventive measures to reduce it to the bare minimum.
• Undertake a broad -based consultative process representative of all Sri Lankans to advance constitutional reforms that guarantee the independence of key institutions, including the judiciary and the Human Rights Commission, and advance the devolution of political authority, which is integral to reconciliation.
• Prepare a comprehensive strategy on transitional justice and accountability, with a time bound plan to implement outstanding commitments, including taking steps in relation to the establishment of a credible truth-seeking mechanism and an ad hoc special court, as well as security sector reform and vetting; also re-energise the Office of Missing Persons and the Office for Reparations to ensure they can discharge their full mandate independently and effectively.
• Pursue investigation and prosecutions in emblematic cases of human rights violations: release the complete findings of previous inquiries into the Easter Sunday bombings and establish a follow-up independent and transparent investigation with international assistance and the full participation of victims and their representatives.
• Take steps to end the influence of the military on civilian spheres and reduce military presence in the Northern and Eastern provinces.
• Return all private land held by the military and impartially adjudicate land disputes, including through inter-faith dialogue about the erection of religious sites.
• Ensure the new legislation to the Prevention of Terrorism Act and proposed laws on digital security fully complied with Sri Lanka’s international law obligations; Observe a strict moratorium on the use of PTA and expedite the release of detainees and long-term prisoners under the PTA.
• Review the necessity and proportionality of Emergency Regulations and ensure proposed regulation of social media protect freedom of peaceful assembly, association, and expression.
• Cooperate in investigating and prosecuting perpetrators of international crimes committed by all parties in Sri Lanka through judicial proceedings in national jurisdictions, including under accepted principles of extraterritorial or universal jurisdiction, through relevant international networks and in cooperation with victims and their representatives.
• Explore further targeted sanctions such as asset freezes and travel ban against those credibly alleged to have perpetrated gross international human rights violations or serious humanitarian law violations.

On the issue of human rights, other than the new references highlighted above, the Zero Draft will contain almost in its entirety the Resolution 46/1 adopted by the UNHRC during its 46th sessions on March 23, 2021. One of the key areas where emphasis has been laid is Operative Paragraph 6. It deals with “the importance of preserving and analyzing evidence relating to violations and abuses of human rights and related issues in Sri Lanka with a view to advancing accountability, and decides to strengthen in this regard the capacity of the Office of the High Commissioner to collect, consolidate, analyze and preserve information and evidence to develop possible strategies for future accountability processes for gross violations of human rights or serious violations of international humanitarian law in Sri Lanka, to advocate for victims and survivors, and to support relevant judicial and other proceedings, including in Member States with competent jurisdiction.” The idea behind the inclusion is also to highlight the fact that assurances given by the government then have not been implemented.

About Operative Para 6, it is pertinent to note, that the Zero Draft has provision which says that it could be further “strengthened.” It does not, however, explain how this is to be done. When this resolution was introduced, Sri Lanka delegation leader, then Foreign Minister G.L. Peiris said that operative paragraph 6 was “unacceptable” and declared it was “contrary to the Council’s founding principles of impartiality, objectivity and non-selectivity.” He said then that the government rejected the resolution.

Also incorporated in the Zero Draft Resolution are key elements of Resolution 30/1 adopted by the UNHRC on October 1, 2015. This resolution, among other matters, welcomed “the efforts of the Government of Sri Lanka to investigate allegations of bribery, corruption, fraud and abuse of power, and stressing the importance of such investigations and the prosecution of those responsible in ending impunity and promoting good governance.” It also welcomed “the recognition by the Government of Sri Lanka that accountability is essential to uphold the rule of law and to build confidence in the people of all communities of Sri Lanka in the justice system; notes with appreciation the proposal of the Government of Sri Lanka to establish a judicial mechanism with a special counsel to investigate allegations of violations and abuses of human rights and violations of international humanitarian law, as applicable; affirms that a credible justice process should include independent judicial and prosecutorial institutions led by individuals known for their integrity and impartiality; and also affirms in this regard the importance of participation in a Sri Lankan judicial mechanism, including the special counsel’s office, of Commonwealth and other foreign judges, defence lawyers and authorised prosecutors and investigators;”

Minister Sabry’s task

The main thrust of Foreign Minister Ali Sabry, who is leading the Sri Lanka delegation to the UNHRC, is to seek more time. This is on the grounds that Sri Lanka has been subjected to its worst economic crisis leading to a resultant political upheaval in the country. Expressing President Wickremesinghe government’s objective of closing the issues relating to Sri Lanka soon, he is to declare in his main speech that the government would set up a Truth and Reconciliation Commission. Arriving early in Geneva, this week he met several representatives from voting countries in the African continent.

Awaiting anxiously for the Extended Fund Facility (EFF) from the International Monetary Fund (IMF) to put right an economy that has taken a bad beating due to mismanagement, President Wickremesinghe, no doubt has his plate full. He must demonstrate that he leads a stable government and deal with one of the major scourges, the proliferation of corruption. This is whilst the middle-income group people who form a sizeable segment, are reeling under the pressure from price increases and tax rises. Further censures by the UN Human Rights Council, whose members include those from the powerful west, at this juncture are the worst his government can afford. All the accumulated ill-conceived actions in Geneva in the past years and months are together exploding on the government’s doorstep.