Columns

• In 75th anniversary message, President calls on Lankans to rise as daughters and sons of one mother to build back better
• Campaign begins for March 9 local council polls but uncertainty continues; Supreme Court to hear petitions next Friday
• Ranil determined to fully implement 13A, but opposition mounts with Mahanayakes also expressing concern
• Some good news from Geneva: Successful passage of Universal Periodic Review at UNHRC; Germany pulls out of Core Group

By Our Political Editor

What lies ahead for Sri Lankans as they crossed the milepost of 75 years of Independence yesterday? Do the events singularly or collectively foretell a turn for the good or will the bleak scenario drag on under the heavy weight of the main issue – a speedy economic recovery?

The questions and many related issues are much in the minds of discerning Sri Lankans as they are taken through another journey of pomp and pageantry, glitter and glamour, this time with more aplomb. Drawing more attention worldwide is the presence of special dignitaries. That includes the Commonwealth Secretary General Patricia Scotland, those from India, Pakistan, Bangladesh, the Maldives, Nepal, Bhutan, and Japan. Other than Japan, all others are members of the South Asian Association for Regional Cooperation (SAARC). That this regional grouping is mired by issues between New Delhi and Islamabad and has turned inactive is no secret. That explains why the big player, India has sent its number two in foreign affairs. Its Foreign Minister Subrahmanyam Jaishanker was here on January 18 on a three-day visit which had far more important connotations.

An officially declared bankruptcy notwithstanding, the nation is not only playing host but has also lined up a colourful array of ceremonies. Protagonists say it is a future investment for the country. Those opposed, however, say it was “an extravaganza.” They include even ruling Sri Lanka Podujana Peramuna (SLPP) members who do not want to voice their views in public.

Local council elections

The issues are far too many. Among the wide-ranging issues, the foremost seems to be the conduct of local council elections on March 9. The tug of war continues between those who demand polls, seemingly larger, and those opposed, who are in lesser numbers but wielding heavier political clout.  Strangely enough, though, all sides have fielded candidates, thus sparking speculation over who would lead and who would follow. The Election Commission continues to set the ground though one major factor remains. That is the hearing by the Supreme Court on February 10 on two different petitions from two breakaway SLPP groups in Parliament. Senior Finance Ministry officials have testified that financial resources are scarce for the elections at a time when the country is facing severe hardships. Another apparent deterrent is the ban on public officials, individually authorising the expenditure of state funds.

President Ranil Wickremesinghe, who is also the Commander-in-Chief of the armed forces, taking part in yesterday's main Independence Day ceremony at the Galle Face Green. Pix by M.A.Pushpa Kumara

Though the local council elections are by no means a game changer in terms of governance, the outcome would still be a litmus test for the SLPP-led coalition headed by President Ranil Wickremesinghe. Since President Gotabaya Rajapaksa ceded the presidency and fled the country that was declared bankrupt, a broader test of public opinion countrywide has not been held. Other than such an outcome, the event also portended a newer line-up of political parties, a contrast from the past. As revealed in these columns last week, the emergence of the Janatha Vimukthi Peramuna (JVP)-led National People’s Power (NPP) to be a shoulder-to-shoulder rival of the main opposition party, the Samagi Jana Balavegaya (SJB), has gained political currency in the recent weeks. One of the main reasons appears to be the SJB’s inability to make a strong impact in the public mind on the multitude of issues over hardships faced by the people. In addition, its position with regard to key issues, like for example the full implementation of the 13th Amendment to the Constitution, is not unambiguously known.

Another festering political issue is the implementation of 13A which President Ranil Wickremesinghe is determined to enforce in full. Highly placed government sources revealed that the subject was discussed with the Mahanayakes of the Malwatte Chapter (Most Venerable Thibottuwawe Sri Siddharatha Sumangala Thera) and Asgiriya Chapter (Most Venerable Warakagoda Sri Gnanaratna Thera) early this week. They had both expressed opposition to the full enforcement of 13A and pointed out that no previous president had implemented it fully. President Wickremesinghe had explained that as head of state and government, it was his responsibility to see that the laws are enforced. He pointed out that 13A had remained in the constitution for years after it had been approved by Parliament. If it was not suitable, it should have been removed from the constitution through amendments. This has not been done. The two prelates and two other heads of nikayes (sects) have also sent a detailed letter to President Wickremesinghe, urging him not to enforce 13A. President Wickremesinghe had said that he would make a pledge in his policy statement on February 8 that he would implement 13A in full.

Another issue which government leaders have refrained from dealing with at length is the prolonged power cuts in addition to the impending increase in electricity tariffs. A further blow has come from the increase in taxes – all contributing to trade union agitation. The issue has been made complex by this week’s increase in fuel prices – a measure that snowballs into price rises in food, besides other goods and services. Cumulatively, the issues for the people are relatively unprecedented and are bound to reverberate for a long time after yesterday’s 75th anniversary of Independence celebrations.

Successful passage of UPR

On the overseas front, there were a few including Foreign Minister Ali Sabry, taking the credit for the successful passage of the Universal Periodic Review at the UNHRC headquarters in Geneva. The formulation of the report has been funded by the UN Development Programme from Colombo after local officials said they had no capacity to present a UPR due to lack of expertise. Ironic enough, on the one hand, the UN wants investigations on Sri Lanka via one of its agencies. On the other, it is providing technical support to formulate a report.

The Universal Periodic Review (UPR) is a special process which involves a periodic review of the human rights records of all 193 UN Member States. The UPR is a significant innovation of the Human Rights Council which is based on equal treatment for all countries. It provides an opportunity for all States to declare what actions they have taken to improve the human rights situations in their countries and to overcome challenges to the enjoyment of human rights. The UPR also includes a sharing of best human rights practices around the globe. Currently, no other mechanism of this kind exists. The UPR was established when the Human Rights Council was created on March 15, 2006 by the UN General Assembly through resolution 60/251. This mandated the Council to “undertake a universal periodic review, based on objective and reliable information, of the fulfilment by each State of its human rights obligations and commitments in a manner which ensures universality of coverage and equal treatment with respect to all States.”

The President accompanied by armed forces chiefs arriving at the Galle Face Green venue of the Independence Day celebrations amid Jayamangala Gatha from students

The Sri Lanka report notes: “Following the conclusion of Sri Lanka’s 3rd UPR cycle, the Ministry of Foreign Affairs published the recommendations on its website in the Sinhala and Tamil languages, and to lead the drafting process of the national report, a dedicated Technical Support Unit was established in the Ministry. An inclusive, broad-based process was pursued as per the general guidelines stipulated in the HRC Decision 17/119. The methodology followed in compiling the report was two-pronged: relevant Government stakeholders engaged in collating the required preliminary information; thereafter, open consultations were held with Government stakeholders and civil society from across the country. The first civil society consultation was held in Colombo with the participation of 30 civil society representatives and the second consultation was held in the Northern Province with the participation of 35 civil society representatives. Both consultations were held in hybrid format and the input received from civil society was a constructive contribution. The Human Rights Commission of Sri Lanka (HRCSL) was consulted and contributed its input as an independent entity….

“The GoSL remains committed to protecting and promoting freedom of expression and civil society space and ensuring that complaints received on alleged attacks against journalists, human rights defenders and civil society are investigated and prosecuted. The GoSL has taken measures to prevent surveillance that intimidate persons. In 2018, the then Ministry of Public Security, issued a media statement in all three languages notifying the public of the mechanisms available to make a complaint on such incidents, namely: the Special Investigation Unit (SIU) and the “Tell IGP” Operation Room of Sri Lanka Police, the complaints mechanisms of the HRCSL and the National Police Commission (NPC).

“It is noted that NGOs and international NGOs have been formed under different laws in Sri Lanka, in addition to the Voluntary Social Services Organisation (VSSO) Act.  In August 2021, the Cabinet approved the drafting of a new Bill to replace the existing VSSO Act. The ‘National Collective of CSOs and NGOs’ have been requested to submit their proposals to the new Bill and also to nominate two representatives to the Committee appointed to draft the said Bill. Aticle 14 of the Constitution of Sri Lanka ensures freedom of speech and assembly, and the Courts have consistently upheld these rights. However, as per Article 15 of the Constitution, such rights are restricted in the interest of national security and public order. The Government has reiterated the necessity for protests to be carried out within the framework of the law that does not morph into acts tantamount to criminal obstruction and/or unlawful occupation. Within such ambit, anyone can exercise their rights and freedoms…..”

During deliberations in the UNHRC in Geneva, India’s Permanent Representative, Indra Mani Pandey, urged the Sri Lankan government to protect the rights of the Tamil minority. “As Sri Lanka’s closest neighbour with deep civilisational bonds, we are aware of the many challenges Sri Lanka and its people have been facing. India has extended in 2022 an unprecedented support close to US$ 4 billion for ameliorating the serious economic situation in Sri Lanka. We take note of the engagement by the Government of Sri Lanka with members of the international community and other organisations on various aspects of human rights situation and reconciliation in Sri Lanka,” Pandey said.

There was also good news for
Sri Lanka from the overseas front. Germany which was a member of the seven-nation core group at the UN Human Rights Council in Geneva has pulled out. The other remaining members are Canada, North Macedonia, Malawi, Montenegro, and the United Kingdom. Though Germany has not officially given a reason for the pullout, its diplomats have said that they moved in to fill the vacuum caused by the US withdrawal from the UNHRC during the tenure of President
Donald Trump.

There is more significance to the withdrawal of Germany from the Core Group. It was the only country in the 27-nation European Union. From now on, the argument that Germany spoke for the EU will thus not be possible. Two other countries in the core group, North Macedonia and Montenegro, are still applicants who want to become members of the EU and have not yet been admitted. This is an opportunity for Sri Lanka to step up relations with other member EU countries.

As enumerated above, the conduct of the local elections remains a crucial issue as Sri Lanka enters the 76th year after Independence. A delay, either through procedural issues or a direct postponement also casts doubts on the next elections due, the ones for Provincial Councils. This time, India’s External Affairs Minister Jaishanker and other visiting dignitaries have emphasised on the need to hold the PC elections – a request Sri Lanka will not be able to cast aside. Added to that is the pledge which President Wickremesinghe has made to enforce in full the 13th Amendment.

If pronouncements by different trade unions are to be believed, a new wave of protests is being planned beginning Wednesday, February 8 against the new taxes. Coming as a magnet for the youth is the recent release of student leader Wasantha Mudalige. Police reports speak of protests rallies being planned. However, President Wickremesinghe has directed the security establishment to deal firmly with those he calls law breakers and those trying to disturb the peace.

President Wickremesinghe remained confident and declared in an Independence Day message: “Our 75th Anniversary of Independence from colonial rule is being observed during an extremely critical and challenging time in the country. It is, indeed, a decisive moment. However, it presents an opportunity for us not only to review our strengths and gains as a nation but also to rectify our errors and failures.

“Since 1948, we have, as a nation, undergone many tests and travails from riots, insurgencies and war to natural disasters. These experiences have left us with a sense of inculcated resilience that has made us revive better when faced with adversity. Therefore, I am confident that even at this juncture we will pool our energies as the daughters and sons of one mother to rise up from the current economic abyss and build back stronger.

“There is a new economic and social reform agenda before the country with the objectives focusing first on recovery and then on renewed development. It is imperative for us to unite in its implementation so that we can emerge with a high level of economic prosperity. I pledge today to make the extremely difficult though vital decisions to achieve this goal with courage and determination. I anticipate the confidence and support of you, the people of our country, in this endeavour.

“I also take the opportunity to thank you, the Sri Lankan expatriate community, for your contribution towards the development of our motherland despite your distance. I would like to invite you to join us in securing a bright future for the younger generation of Sri Lankans who are at the vanguard of economic and social development. Your faith and investment in the unique and creative ideas of our talented youth who lack capital could give considerable hope and be of immense benefit to our country in this crisis.

“On this historic anniversary, let us all resolve to meet the challenges of this year with further patience and fortitude. I extend warm felicitations to you, Sri Lankans, here and aboard.”

Thus, 75 years of independence pose unprecedented challenges for Sri Lankans.