Columns

• Mahinda differs from General Secretary Kariyawasam who put forward Dhammika Perera and three others as possible candidates
• Party may back Ranil’s ‘neutral’ candidacy through Grand Alliance
• In Kampala, President expresses strong support for Palestinian statehood
• Weerawansa launches campaign to oppose Truth, Unity, and Reconciliation Bill

By Our Political Editor

It was nearly two centuries ago that a British statesman uttered these words about politics. It has since reverberated in the dovecotes of political power although its complete relevance now stands to question.

Henry John Temple, the Third Viscount Palmerston, in the 19th century, declared that in politics, “there are no permanent enemies, and no permanent friends, only permanent interests.”

The axiom seems to have outlived itself. Reflecting a contemporary political scenario that goes beyond applies to the ruling Sri Lanka Podujana Peramuna (SLPP). Their onetime political enemies have become its nowadays friends. Those who became friends by contesting the August 5, 2020, parliamentary elections under the SLPP label are now splintered and become enemies. These have changed what seemed once their permanent interests.

For the ruling coalition, the metamorphosis came in July 2022. Violent protests, mostly in the streets of Colombo, prompted President Gotabaya Rajapaksa to flee Sri Lanka and later resign. His resignation letter, which ended his controversial and authoritarian governance, came from Singapore. Another sample of how that was carried out came in a judgment from the Supreme Court, last Wednesday. It was over the pardon he gave to one of his then confidants, Duminda Silva, and later ensconced him in a government job. The country’s highest judicial institution ruled that Gotabaya Rajapaksa’s “decision is arbitrary, irrational and has been made for the reasons best known to the former President who appears to have not even made any written decision and has not given any reason thereto. Further, no reason can be discerned from any document submitted by Hon. Attorney General as forming part of the record pertaining to the impugned grant of pardon.”

That Parliament voted Ranil Wickremesinghe as President to complete the remaining term of Gotabaya Rajapaksa in July 2022 is now history. Wickremesinghe’s priority was to pull the country out of the bankruptcy his predecessor had plunged. To any discerning observer, it became abundantly clear, he had to veer away from the economic policies of the SLPP government. A string of unpopular decisions came pitting President Wickremesinghe against the public. Electricity rates went up and over half a million consumers have so far asked for disconnection of their power supply. The reason—they just cannot pay the higher tariffs. Amidst other price increases came a spiral in Value Added Tax (VAT) which encompassed a broad range of items. The latest is the proposed introduction of a property tax anytime now. This is on the advice of the International Monetary Fund (IMF).

It was in November last year that Mahinda Rajapaksa, former President, and leader of the SLPP, first struck a discordant note. He blamed the previous United National Party (UNP) government for opting for a “high tax regime” after 2015 thus forcing the decline precipitously ending up at 0.2 below zero by 2019. He pointed out that “due to bad economic management, the period from 2015 to 2019 saw an increase in taxes while at the same time experiencing a precipitous increase in foreign debt. When I was voted out in January 2015, the outstanding International Sovereign Bond debt was only US$ 5,000 million, he pointed out. So, he made out that the cause of the economic crisis lay in the hands of a UNP regime.

A significant paragraph in that statement, which perhaps did not draw much attention then, said: “The SLPP which I lead is part of the government. However, the present Head of the Government and Head of State is the leader of a different political party with different policies. In a situation where this country was faced with complete anarchy, Parliament elected a President to serve the remainder of President Gotabaya Rajapaksa’s term. The new President successfully restored law and order in the country. He is now directing government policy as the Executive President. At this moment, the primary duty of the SLPP is to ensure a stable government until the next national elections.”

Rajapaksa has acknowledged that President Wickremesinghe is the leader of a different political party “with different policies.” Even more importantly, his SLPP parliamentarians have endorsed and helped enforce such policies. Those remarks highlight that the SLPP policies were quite different from those pursued by the President. Those assertions set the mood in the party. It is against this backdrop that the SLPP held its special convention on December 15, last year, at the Sugathadasa Indoor Stadium in what was viewed as the soft launch of its presidential campaign. More so when it had already held its fifth annual convention in November 2021.

This event saw the emergence of millionaire businessman and casino owner Dhammika Perera. Interestingly, at a news conference, SLPP General Secretary Sagara Kariyawasam told reporters that his party had agreed on Dhammika Perera and four others as presidential candidates. One of them would be finally selected, he declared. He, however, did not name the other three. Amidst this, Perera also figured in a media campaign promoting his role as a key player in developing computer technology. The idea was to find more jobs for the youth.  He had also initiated a dialogue with politicians of the ruling party to secure its support and to launch a countrywide campaign. This week, he flew to London interrupting all this.

A video grab showing President Wickremesinghe having a conversation with a Palestinian official in Kampala. Palestinian Foreign Minister Riyad al-Maliki met the President in Kampala to extend his gratitude to Sri Lanka for supporting the Palestinian freedom cause.

Social media sites backing him reported yesterday that he was taking a “respite” from the Presidential election campaign.

Significant enough, there appears to be a change of position in the SLPP. Notwithstanding what General Secretary Kariyawasam said at a news conference, a new party line was spelled out by Mahinda Rajapaksa, the leader of the SLPP. He declared this week that they had not decided on a candidate. It was made at a ceremony at the Grand Monarch Hotel on January 14. A more important assertion he made was that the SLPP had also not decided whether it would field a candidate. The sting is in this remark. Firstly, in making these remarks, Rajapaksa has made clear party secretary Kariyawasam’s assertions which included the consideration of Dhammika Perera, and three others are no longer valid. In other words, a formal decision, officially spelt out as the party position at a news conference, has been changed. One is not wrong in saying that Rajapaksa has contradicted the claim by his own party’s General Secretary in spelling out a new SLPP position. It goes without saying that SLPP policies will not stand in the way.

How did this shift come about, significantly ahead of the upcoming presidential polls? At least two different sources familiar with the developments confirm that there has been a policy shift on the part of the SLPP. “As things stand now,” one source said, “the party is inclined not to field a presidential candidate.” The idea is to help enhance Wickremesinghe’s vote bank. An unexpected benefit to the SLPP because of the move is keeping the remaining parliamentarians, after some broke away, within the party’s fold. In addition, this will also preclude them from joining the New Alliance that has been formed by Gampaha district parliamentarian Nimal Lanza. Earlier, they were known to have 29 parliamentarians mostly from the SLPP.

The test of strength will come when they hold their first rally in Gampaha on January 27. Former minister Anura Priyadarshana Yapa is the leader of the New Alliance. As previously reported, Lanza has been working from the Presidential Secretariat to garner support for his alliance and has been engaged in wooing those from the SLPP, their trade unions and other bodies.

In such circumstances, why can’t the SLPP support Ranil Wickremesinghe’s candidature openly? The answer came from another source. “Here again, the fear is the prospects of the party being divided in the middle. There are members and followers who do not favour the party supporting the candidature of a leader of another political party who had remained opposed to the SLPP,” said this source. “This way,” the source added, “the likelihood of a greater majority of the SLPPers supporting Wickremesinghe is high.” Nevertheless, a bigger question on whether any of the SLPP leaders will join Wickremesinghe’s campaign, even during the final stages, remains unanswered. He has already won some leverage by not contesting on the UNP ticket and coming forward as the candidate of a “grand alliance.” A name, however, must be found.  Another reason for remaining “neutral,” at least officially, is to obviate opposition criticism that Wickremesinghe has been protecting the interests of the Rajapaksas since he became President. Open support to his election campaign, it is argued, will give the opposition parties a handle to claim that the accusations have now been proved.

It is too early for one to discern the final line up of candidates or the different alliances that are being formed. It is known that the main opposition Samagi Jana Balavegaya (SJB) candidate will be Sajith Premadasa, the Leader of the Opposition. He told a series of meetings in the North Central Province that his grouping is ready to face any election. “The President is going around saying he is preparing for the presidential election and is trying to get the views of the public. The UNP and the SLPP are already confused about an independent candidate,” he claimed. Premadasa’s supporters in Parliament have increased with a foursome – G.L. Peiris, Dilan Perera, Nalaka Godahewa and Wasantha Yapa joining the SJB.

There were moments of embarrassment for those in the Freedom People’s Congress (FPC) led by Dullas Allahappereuma. Peiris had sent his car to the Third Lane, Nawala office of the FPC asking for the return of all his belongings. A thoughtful member of the administrative staff formulated a list and ensured that the driver acknowledged the receipt of all items. Among them was a smart TV, a toolset, cables, a TV monitor, a sound system with a sub-woofer, a microphone with a stand and a variety of cables.

With more than seven months to go for the scheduled presidential elections, social media is full of surveys from different organisations, some lesser known. Most of these have been placing the Janatha Vimukthi Peramuna (JVP)-led National People’s Power in the lead followed by the Samagi Jana Balavegaya  (SJB). The veracity of some of these surveys remains in doubt and in the case of some others the statistics are not backed up. However, the surveys have influenced the propaganda lines of President Wickremesinghe’s campaign. The soft election campaign by those who are setting up a grand alliance is being directed at the NPP.

With the presidential election in mind, President Wickremesinghe is expected to spell out the measures he adopted to resuscitate a bankrupt economy when he ceremonially opens Parliament on February 7. There was an error in last week’s report in these columns that the prorogation will take place on January 26. It will take place on January 24. The last date for the sitting of Parliament in January has been determined by the Parliamentary Business Committee chaired by Speaker Mahinda Yapa Abeywardena. The Committee met on January 12 and decided that since January 25 is a Poya Day and public holiday, there would be no sittings of Parliament on January 26 or the next day as expected. Thus, the last day of sitting for January was determined as January 24.

President hits out at Israel

Now in the Ugandan capital of Kampala, once a notorious nation under General Idi Amin Dada, President Wickremesinghe has hit out hard at Israel at the 19th summit of the Non-Aligned Movement. This is the strongest criticism he has directed so far. Though he did not name the country, he congratulated South Africa for moving a resolution over alleged genocide in Gaza by Israel. The same night at a banquet for heads of delegations, Palestinian Foreign Minister Riyad al-Maliki sent a note to President Wickremesinghe seeking a ten-minute meeting. He granted this and found that it was to thank him for his speech on his speech.

Here are the relevant parts of his speech:

“As we meet today, a humanitarian crisis is unfolding in the Gaza Strip and beyond. For over three months immense suffering and losses have been endured by the Palestinian civilian population, endangering regional security and stability. Until now, the NAM was largely silent. How can we remain silent when Gaza is being destroyed? People are denied humanitarian aid and a vast majority of the dead are innocent civilians. Silence implies consent. It is encouraging that this 19th Summit has given the highest priority to this crisis in Gaza and the inalienable rights of the people of Palestine to self-determination and the realisation of an independent and sovereign state of Palestine. We must congratulate South Africa for the bold stand it has taken regarding Gaza. The international community has already called for an immediate humanitarian ceasefire and the release of hostages.

“There cannot be a two-state solution based on one state — Israel. No resolution is possible without a state of Palestine. Therefore, in line with multiple UN resolutions, and the declaration of this summit, the international community must recognise the West Bank, Gaza and East Jerusalem as territories coming within the State of Palestine and in addition, there should be no change in the ethnic composition of Gaza. Sri Lanka also proposes that the State of Palestine be established within 5 years and no more.”

“The NAM”, President Wickremesinghe said, must reinvent itself under your Chairmanship. Assume a new role in a multipolar world — to transform itself as the largest bloc representing the Global South. We must also recast our objectives. While upholding the Bandung Principles in the evolving multipolar world we need to, (i) oppose the spread of big power rivalry including the coercion of uncommitted states, (ii) build a multipolar world which incorporates the political, economic, social and climate change mitigation aspirations of the Global South.”

Weerawansa’s criticism of seven bills

Back home in Colombo, the President is facing opposition over one of his initiatives — the Truth, Unity and Reconciliation Commission Bill.  Wimal Weerawansa, a firebrand among onetime left MPs and now leader of Uttara Lanka Sabhagaya, which is made up of members who broke away from the SLPP, held a news conference. He termed the proposed new law dangerous and charged it would betray the armed forces. Weerawansa identified the ruling lot as the “Wickremesinghe-Basil Rajapaksa” government thus avoiding any reference to former Presidents Mahinda Rajapaksa and Gotabaya Rajapaksa. His remarks were encapsulated in a news release.

He referred to a resolution adopted by the Geneva-based UN Human Rights Council in 2015 and cited the President’s reported remarks that seven different laws would be enacted. With the proposed new Commission, the seventh, the circle would be complete. Weerawansa alleged that would make heads of armed forces ‘war criminals.’

Bankruptcy notwithstanding, it was due to the sacrifice by the security forces that the country was devoid of bomb explosions. He said that his party cannot remain silent and unmindful of the selfless contribution of the armed forces. After studying the bill carefully, it is interrelated with several other bills. The Mutual Cooperation in Criminal Matters (Amendment) Act No. 24, the International Convention for the Protection of All Persons from Enforced Disappearances Act No. 05 of 2018, the Establishment, Administration and Functions of the Office of Missing Persons Act, the Victims of Crime Act No. 10 of 2023 and the Aid and Protection of Witnesses Act are interrelated with the Truth Commission Bill.

“What does the government expect from this proposed law and the related bills? We know that the then Foreign Minister Mangala Samaraweera was loyal to UNHRC resolution 30/1 against Sri Lanka. Mangala Samaraweera showed his loyalty in this way only with the approval of the then President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe. Mangala Samaraweera told the United Nations Human Rights Council, ‘We accept this proposal, we agree with it” when many of our friendly countries were going to vote against it. In that proposal, there was the establishment of an international court for war crimes against our security forces. But since the establishment of an International War Crimes Court cannot be done according to the basic law of our country, the Constitution, these bills are coming to fulfil that need.

NOTE: A fact check of Weerawansa’s claim about the setting up of a separate International War Crimes Court through resolution 30/1 is incorrect. There was NO move to create such a body and no resolutions on Sri Lanka before the UNHRC ever canvassed for such a mechanism.

Weerawansa said, the ‘Office of Missing Persons Act’ came in 2016. It hopes to set up the domestic mechanism for filing charges and evidence against the security forces on so-called disappearances ‘so that the Evidence Ordinance does not apply’. When such a mechanism was set up so that the Evidence Ordinance was not applicable, a factory to produce false evidence was created. That was in 2017 and came in the form of the Extradition (Amendment) Act. It is through this act that the military personnel who are accused of war crimes are made the legal basis for extradition at the request of another country. Also, the ‘Act for Establishment of Office of Compensation’ came in 2018. It made legal provisions related to providing relief to the missing and other victims of war crimes.

And in 2018 came the ‘International Convention for the Protection of All Persons from Enforced Disappearance Act’. It incorporated the provisions contained in the International Convention on the Prevention of Disappearances into domestic law. In addition, the International Convention for the Protection of All Persons from Enforced Disappearance Act No. 05 of 2018 enabled the establishment of a local war crimes court. Although no one pays much attention to this, according to that law, a local war crimes court can be established at any moment. And the ‘Mutual Cooperation in Crime Act’ came in 2018.

“This law made it mandatory for the Sri Lankan government to hand over the accused and evidence related to the military personnel accused of war crimes to the prosecutors of foreign countries. And by doing so, the Sri Lankan government has an obligation to punish the security forces officers of our country who are found guilty by hearing cases in foreign countries.

“The operation of betraying these war heroes was brought forward by the good governance government. After that, the operation was paralysed during Gotabaya Rajapaksa’s regime, but it has been active again after Ranil Wickremesinghe came to the presidency. The ‘Victims and Witnesses Protection and Assistance Act’ was brought in last year. The Act further strengthened Resolution 30/1 against Sri Lanka brought to the UNHRC in 2015.

“This gives special protection to the relatives of the missing persons who give evidence in the court or in a commission such as the proposed Commission which will be established in the future, and the persons who admit to being tortured will get special protection and the related evidence has been regularly allowed to be given through electronic media. Accordingly, foreign nationals are given the opportunity to accuse security forces personnel by presenting fabricated evidence without being cross-examined.

“The whole picture looks like reading all these Acts at once. Now the proposed Commission bill will be gazetted after all the legal frameworks have been prepared. After this bill is adopted in the future, the structure for handling the whole will be set up, such as providing instructions, support and agreement related to the practical implementation of the above seven bills.

“The UNHRC has already published a list of several current and former military officers who are accused of war crimes. According to this process it is possible to file false accusations and present false evidence in relation to that list. This Act fully empowers that process. Thus, except for Field Marshal Sarath Fonseka, who commanded and gave orders for the war to defeat separatist terrorism (his name is not in the list published), many other army chiefs and former heads of the Ministry of Défence can be sued; testimony can be fabricated; Cases can be heard and the suspects punished by the local war crimes High Court. Moreover, if a court of another country gives a decision against them, the Sri Lankan government is bound to implement that decision within Sri Lanka.

“Today, after the death of a disabled war hero, his wife does not receive his pension. This government has changed that law. A government that treats war heroes in such a wretched way by passing all these bills is making war heroes war criminals. Now finally with the passage of this so-called Commission, the domestic war crimes high court will come to life; False evidence becomes valid evidence; It is impossible to implement the Evidence Ordinance against perjury. There is also the possibility of obtaining a writ against this process.

“What did he say when President Wickremesinghe went to the north recently? Please fully implement the 13th Amendment. I will not touch them. That means, enact police charters, land charters and environmental charters for the North. I don’t touch them. My governor approves all of that.’

“In the so-called struggle, the security forces were attacked to destroy their respect and destroy them. Now look, the Anti-Terrorism Act is being brought. Another bill is brought to control social media. All this is done by taking away the freedom of the media and undermining the functioning of civil society. But today in Western countries, the ‘human rights chair’ is not warm. However, we will not be human if we sacrifice the security forces chiefs who created a peaceful country for us and remain silent. If that happens, we cannot avoid being written in history as an ungrateful nation. Therefore, we request the people of Sri Lanka to come forward against this betrayal.”

Other than factual errors, the remarks by Weerawansa, a former minister, does contain some serious inaccuracies and wrong inferences. Coming as it does with months to go for a presidential election, it would be incumbent on the government to explain the rationale behind its initiatives, a task which ministers responsible are ignoring or not doing sufficiently. They are more concerned about their own image building and are bent on promoting themselves. Having said that, it must be noted that the proposed Truth, Unity, and Reconciliation Commission has drawn criticism from some international organisations. They warrant closer study. In the coming weeks and months, the positions of the political parties on the upcoming presidential election would be clearer.