Columns

• Opposition parties campaign for local elections but Govt. could delay it by a vote in Parliament despite polls chief’s gazette
• Gotabaya and family on Christmas trip to Dubai; UAE denies request for free use of VIP lounge but asks payment of Rs, 260,000 in Lankan currency
• As Maldives jails former President who was involved in corruption, in Lanka, the scourge continues with CIABOC failing to conclude high-profile cases

By Our Political Editor

Did ex-President Nandasena Gotabaya Rajapaksa, responsible for the mismanagement of the economy forcing Sri Lanka’s bankruptcy, strike back on his countrymen when a fairy tale circulated last week that he was headed to the United States? The fiction originated at the Bandaranaike International Airport (BIA) just as he and family members boarded a flight to Dubai on December 25 (Christmas Day), afternoon, then claimed to be en route to Los Angeles.

However, Rajapaksa had a visa obtained from the United Arab Emirates (UAE) Embassy in Colombo to travel to Dubai. At that time, he had tried to persuade diplomats to extend him the courtesies due to a former President. This included the use of the VIP Lounge upon arrival at the Dubai International Airport. Whilst a free use of the lounge was turned down, Rajapaksa was called upon to pay Sri Lankan currency to the tune of Rs 260,000 for this purpose. The concession to pay in SL rupees, one high-ranking source believed, was in view of the foreign exchange crisis the country was facing. Yet, the tough position taken by the emirates, the source said, showed the Gulf nation did not recognise Rajapaksa as an ex-President.

The UAE has been incensed that as President, Gotabaya Rajapaksa, had ordered that Muslims be cremated during the COVID epidemic — a move which no other country in the world had followed. So much so, during the fuel crisis, the issue was even raised from a Sri Lanka delegation that went to Dubai. A local official tried to wriggle out of the situation with a claim that the President was “misled” but the answer does not seem to have had any effect. It was only after Gotabaya Rajapaksa ceased to be President that his chosen Foreign Minister, Ali Sabry, publicly declared that cremations had alienated the Arab world from Sri Lanka.

It may be recalled that Rajapaksa used several channels to obtain asylum in the UAE but failed. This was when he chose to flee Sri Lanka on Wednesday, July 13 in a Sri Lanka Air Force (SLAF) AN-32 transport helicopter to the Maldivian capital Male. Ahead of that trip, he had sought to obtain a visit visa to the United States. A well-informed source said he was advised of the consequences that could follow and thereafter he withdrew his request. The source said if a visit did take place, he would have become liable for arrest if anyone made a complaint against him to a law enforcement agency.

From Male, he flew in a Saudia flight returning Haj pilgrims to Singapore. He was forced to leave Singapore after four weeks of stay when his visa ended. He flew in a chartered aircraft to Thailand. Due to strict restrictions placed by Thai authorities, he was confined to a hotel in Bangkok and not allowed to move out. Even before his visa ended, he found it difficult to continue his stay in Bangkok. This was when he decided that with no source to obtain asylum, he would return to Colombo. A Sri Lanka personal protection team was sent to Singapore from where he boarded his flight to Colombo. An official bungalow, his entitlement, was repaired and given for his occupation at Malalasekera Mawatha.  A personal protection group has been assigned for his protection. All expenses related to ex-President Rajapaksa’s travel abroad including the charter flight were met by him and there was no state expenditure involved.

Appeal to restore US citizenship

Soon after the judgment, onetime Maldivian President Abdulla Yameen waves to his supporters.

At the time of his departure to Dubai last week, Gotabaya Rajapaksa had no visa to travel to the United States. An appeal by his lawyers to the US government — more pointedly the Department of State — to restore his citizenship, which he renounced to contest the November 2019 presidential election, has still not been considered. The appeal was lodged by him after he failed to receive asylum in any country and was pursued upon his return to Colombo. The US Embassy does not, as a rule, comment on the issue of visas to individuals. However, a knowledgeable source confirmed that the former President’s efforts are yet to be successful.

A family member explained that the inability to obtain a visit visa was one of the reasons why Gotabaya Rajapaksa’s son Manoj and wife Sewwandi, together with their young child visited him in Colombo. They spent a brief holiday before they accompanied ex-President Rajapaksa and wife Ioma on an Emirates flight (EK 649)  to Dubai in the afternoon of December 25.  After their arrival in the emirate, Rajapaksa and his family members were seen at Dubai’s largest Indoor Adventure Park on December 26, Photographs of this visit widely were circulated in social media. On Thursday, Rajapaksa and his wife were seen by Sri Lankans in Dubai at a shopping mall. Following them at a distance behind was a Sri Lankan security official.

Sri Lankan officials familiar with the US immigration procedures say the issue of visas to those who have renounced their citizenship is far more restrictive than other cases. Even though they are not altogether shut out, there is provision for them to seek recourse in terms of US laws. Yet, they point out that an appeal to restore citizenship previously held is a costly legal process and time-consuming, they point out. A visit by Gotabaya Rajapaksa to any other country from Dubai is being ruled out. This is because the law enforcement agencies of those countries, particularly in the West, would seek to question him in keeping with the ongoing investigations on charges made by the UN Human Rights Council.

This is related to matters arising out of alleged violations of human rights and international humanitarian laws. The Human Rights Council Secretariat in Geneva has for a second year in succession continued with a secretariat to investigate matters relating to him, his brother, ex-Finance Minister, Basil Rajapaksa, and many others. Funding for the investigation has been approved by the UN’s Fifth Committee during the recently concluded sessions. Another lesser-known fact has been the ability of the UNHRC to obtain information relating to recent developments through channels established by it in Colombo. This is particularly in respect of the events that led to the economic crisis.

Other than that, President Ranil Wickremesinghe recently offered to set up a Parliamentary Select Committee to probe how the economic crisis was caused and who was responsible. Until such a probe by a PSC which the President declared was conditional upon parliamentarians wanting one, or an even more credible way would be the appointment of an independent commission of inquiry. In such an event, the disclosures of Gotabaya Rajapaksa would become inevitable. It is he who has the full knowledge of the goings-on that led to untold hardships being thrust on the people. Of course, the billion-dollar question is whether a Sri Lanka Podujana Peramuna  (SLPP) government, though led by UNP leader, Wickremesinghe, would want to ask its former leader to tell it all and thus cause more damage to themselves. That could be self-destructive.

It is quite different in a few other countries in Asia. Take for example Sri Lanka’s southeastern neighbour, the Republic of Maldives. On Christmas day as ex-President Rajapaksa was in the clouds enjoying the luxuries of an Emirates business class flight, a former President was convicted of “bribery and corruption.” The charges against Abdulla Yameen, a half-brother Maumoon Abdul Gayoom, relate to the sale of resort development acquisition and leasing rights to Aarah Island in Vaavu atoll. Sending rivals to jail has fast become a fine art in the Maldivian archipelago. Of course, there is also some consolation when one learns that these are not the ones like Welikada or Bogambara in Sri Lanka. The Mafushi jail, the biggest and located south of the capital Male, has a part meant for VIPs. That is where Yameen is located with access allowed to his family members and his lawyer. One need hardly say he will be looked after well during the 11-year imprisonment. One of the reasons — he is a candidate at the presidential election due in September this year. Would that not place the present President Ibrahim Solih, a formidable candidate, with the rival enjoying VIP luxuries? Solhi is due here this month on an official visit and will meet President Wickremesinghe. Another visitor will be one-time British Prime Minister, David Cameron, who is now holidaying in Sri Lanka. He is a friend of the President.

It was not so long ago that the present Speaker of the Maldivian Majlis (Parliament), Ahmed Nashed, a one-time President, served 13 years in jail. Yet, he had the clout to help ex-President Rajapaksa when he sought to fly to the Maldives during the first leg of his fleeing drama. President Solih was then away performing Haj in Mecca. Nasheed got in touch with him and obtained the necessary clearance. When Nasheed was released from jail after 13 years, he could not contest the presidential elections. At that time, he had a conviction for alleged involvement in terrorism which has since been withdrawn. This compelled him to urge Solih to contest and he was elected President. Now, Solih and Nasheed are sworn enemies. The judgement against ex-President Yameen has also been a controversial one. The Maldives’ former Attorney General Dhiyana Saeed, who is Yameen’s counsel, said it was obligatory for the court to issue documents on the trial ahead of the judgement. This was not done, he alleged.

A photograph circulating in the social media. Ex-President Gotabaya Rajapaksa at Dubai’s Indoor Adventure Park on Boxing Day. His son holds the pram with his granddaughter seated. The ex-President’s wife is partly hidden on the right.

There was considerable criticism against President Solih’s government over the court decision. Hamzah Latheef, a lawyer said in several tweets: “1. Is the award of a tourism lease within the “official capacity” of a President? 2. Does the receipt of suspicious funds shift the burden to the public official to disprove that it’s a bribe? For both questions I believe the answer is no. The statutory framework for the award of tourism leases places the responsibility for doing so on the functions/mandate of the Tourism Ministry which is headed by a Minister. Also, if a state-owned enterprise such as MMPRC sells a lease it has, a President does not have a role in it. When Professor Robinson first drafted the Penal Code, he proposed shifting the burden to a public official who makes particular decisions receiving more than MVR (Maldivian Rufiyah) 10k to disprove that it’s a bribe in respect of a decision he made for the sender. This was rejected by PARL. Furthermore, in order for the burden to be shifted as proposed by Professor Robinson, the funds have to be received by a person who made a decision in an official capacity for the benefit of the sender of the funds. Not every suspicious act or transaction gives rise to a finding of guilt. A crime is proven only if all elements of it are proven beyond reasonable doubt. The failure to do so should result in acquittal. Why are these questions important? Because in the future, those who filled the post of President should be concerned about when they become liable for the errant actions of their ministers and heads of state-owned enterprises. Also, all public officials need to know when and how they might face sanctions for financial transactions and whether they have a duty to answer for them and how that duty is discharged. Another Maldiviain, Nabyez responded to these statements by saying “what about the testimony that linked the President and the fund? Also, do you not believe that the President carries a high degree of authority over the appointees working at state-owned enterprise?”

Another instance comes from Burma’s military junta. An Army court has ruled that Aung Sang Suu Kyi would serve an additional seven years bringing her total term to 33 years in prison. She is a Burmese politician, diplomat, author, and a 1991 Nobel Peace Prize laureate who served as State Counsellor of Myanmar.

Arguably bribery and corruption are being used to punish political rivals and keep them away from becoming threats to leadership. However, in Sri Lanka, the malady continues.  The Commission to Investigate Bribery or Corruption (CIABOC) remains a docile institution where there are public allegations of being selective. It is yet to deal with high-profile cases and a few that have seen the light of day have not reached their logical conclusions. They have been dismissed in courts. Against this backdrop, it seems ironic that the government’s approach has been not to deal with the proliferation of bribery and corruption at the highest levels of the political and bureaucratic spectrum. Instead, it is on a diversionary exercise to catch those who will resort to bribery and corruption in the future. Therefore, some politicians are busy with a draft anti-corruption law. There is no doubt such laws are necessary but what of the bribery and corruption that is continuing unchecked now?

To most Sri Lankans, the passing of 2022 yesterday has been a grim one, and there are fears that it would continue for the most part of 2023. Firstly, the mismanagement and the economic collapse brought in its wake a plethora of hardships for the people. If fuel and cooking gas shortages were to cause public agitation countrywide, it also spawned other difficulties. Robberies began to increase. Macabre situations led to a rise in murders. Police were unable to cope with the rising crime rate, but they cannot be blamed altogether. During the fuel and gas shortages, they were deployed on duty to guard supply points and long winding queues ignoring their day-to-day responsibilities. Even coveted institutions like Criminal Investigations Department (CID), once reputed for its efficiency, are today less efficient than a minor crimes unit in a countryside police station. It is against this grim backdrop that Sri Lankans had to pay more for their fuel, gas, water, electricity, travel fares, food items and what have you? This is clearly reflected with Christmas festivities being held on a much lower scale. Shops recorded poor clientele and bakers found it difficult to sell their cakes. One leading baking firm said half of its stocks remained unsold.

The New Year that dawned today will make little difference to most Sri Lankans. The power cut hours are increasing. The pace at which interruptions are taking place is a clear sign that the life span of household appliances will be reduced drastically. Newer burdens are coming in the form of enhanced taxes and new electricity rates. The sale of fuel is still restricted. Why are the Sri Lankans being called upon to pay more? Is it not simply because they must make up for those who have robbed, abused, and mismanaged the national wealth? It is in this backdrop that arrangements are underway to conduct local council elections. Of course, there is still an element of uncertainty since a formidable though smaller section of the ruling SLPP is not in favour of a poll at present. Pushing for it is the SLPP strategist and ideologue, Basil Rajapaksa.

Elections Commission Chairman Nimal G. Punchihewa told the Sunday Times, “The Gazette notification calling for nominations for Local Government elections will be published next week. There will be a 14-day period for nominations. The respective District Secretaries (Government Agents) will act as Returning officers to receive the nominations.” They are being called for, he said, in keeping with the powers of the Elections Commission. “But if Parliament decides otherwise to delay elections, we will have to abide by that decision.” He added: “As far as the Commission is concerned, we are going ahead with the preparations. On Thursday we met with senior police officers and the Government Printer to discuss arrangements. We are making all logistical arrangements for the conduct of the Local Government polls.”

Though he will formally announce the date for the local polls, in keeping with a statutory requirement, Election Commission Chairman Punchihewa has admitted to the prospect of a postponement of the elections if Parliament so decides. That reference is significant in view of other developments. Delimitation Commission Chairman Mahinda Deshapriya told the Sunday Times recently that its report would be made public on February 28. The primary objective of the report is to explain how the Commission has chosen to halve the number of local government members from some 8,000. According to Deshapriya, the commission has recommended that the number of councillors be brought down to 5092.

President Wickremesinghe is of the view that such a reduction would not only lead to a saving in funds but make it more effective. This is particularly in the wake of moves to conduct Provincial Council elections. In the light of this, the question remains whether he would seek to have the Delimitation Commission (which Deshapriya calls Amalgamation Commission) recommendations would be given legal effect through legislation in Parliament. In such an event, there are prospects that the local elections could be delayed. Several backers of President Wickremesinghe have publicly opposed the conduct of the local polls until the improvement of the economic situation. The move, however, has met with opposition political parties. This includes the main opposition Samagi Jana Balavegaya (SJB) and some splinter groups of the SLPP. A finality on this issue, however, rests on the Supreme Court. Two different petitions seeking the court’s intervention for the conduct of the local polls will be taken up on January 18. A ruling before Parliament takes up any related legislation would therefore be one that is important. On the other hand, if the legislation is introduced before the SC concludes its sittings, the prospect of a postponement is almost a certainty. Thus, the furthest the Election Commission could go would be to conclude the nominations.

Quite apart from other arguments, the political reality behind a postponement is to avoid possible embarrassment from what could be an ignominious defeat at the local polls for government parties. That is the factor that fuels the opposition to push its campaign demanding an election which some government sections do not want. President Wickremesinghe ends his Nuwara Eliya holiday and returns to Colombo today. He will return to the Presidential Secretariat tomorrow.

In a New Year message, he notes that “2023 is also the 75th year of independence from the British Empire. Looking back, it is obvious that we have not done as well as other ex-colonies. This is why the youth of our country are calling for a system change — especially at this juncture. This cannot be ignored. Therefore, we must boldly implement the proposed social, economic, and political reforms to build a prosperous and productive Sri Lanka in the coming decade.”  The remarks give an indication of what is in store for Sri Lankans.