Saturday, 3 May 2014

Sri Lanka Perspectives- April 2014



Col R Hariharan

Highlights

Aberrations of governance: President Rajapaksa appears to be losing grip his over government as indicated by increasing acts of political violence, religious bigotry and mounting corruption.  This has affected rule of law and the government’s knee jerk response is eroding public confidence in the administration. This could affect Sri Lanka’s case when the issue of accountability comes up in the UN Human Rights Commission

Follow-up action UNHRC resolution: The UN High Commissioner for Human Rights has presented her organisation plan for sustaining the UN initiative on investigating human rights accountability in Sri Lanka from 2014-17. Sri Lanka has announced it would not cooperate wither in the investigation. The U.S. and the UK have been pursuing the issues raised in the UNHRC resolution while the Tamil Diaspora in Canada has formed an umbrella organisation to fight for Tamil cause.

Ban on Tamil Diaspora organisations: Sri Lanka has banned 16 Tamil Diaspora organisations and black listed 472 individuals living abroad under the UN provision for listing of terrorist organisations. This blanket ban would make it difficult for constructively using the Tamil Diaspora’s influence with Tamil population and politics. The order came in the wake of reports of possible revival of LTTE after security forces killed three former LTTE cadres involved in revival activities.

Aberrations of governance

There are growing signs of President Mahinda Rajapaksa is losing his grip on governance as indicated by increasing political violence, mounting Buddhist vigilantism and extremism, deteriorating law and order and growing differences within the ruling United Peoples Freedom Alliance (UPFA).

Political violence reached a new high when five opposition United National Party (UNP) members of parliament who were visiting the newly constructed infrastructure facilities in Hambantota  - the Mattala airport and Magampura Port - were attacked on April 17, 2014. The MPs were on a fact finding mission to look into allegations of bribery, corruption and financial malpractices in the construction of the projects.

At the airport the MPs were targeted by ruling party men led by Hambantota Mayor Eraj Fernando who was waving a pistol. After that the MPs escaped attacking thugs when they visited the port. However, Mayor Fernando has denied he was leading the mob. He said he waved a toy pistol to drive away the mob as he was trying to protect the MPs. Significantly, he added that he took the action after talking to the President’s son Namal Rajapaksa. However Namal Rajapaksa quickly denied talking to Fernando. The attack has exposed the impunity with which political violence has grown to attack even elected members of parliament in the President’s own home constituency.  

Buddhist chauvinist organizations like Bodu Bala Sena (BBS), Sihala Ravaya and Ravana Balaya operating under the leadership of monks have stepped up their attacks on Muslim cultural and religious institutions, businesses as well as cultural and religious practices like mosques, religious education schools, wearing of burkha, and producing and selling of Halal meat. Churches have also come under such attacks.

Their activist agenda has been encouraged by political parties like the Jathika Hela Ururmaya (JHU) and the Sinhala Marxist outfit National Freedom Front (NFF), which are partners of the ruling UPFA coalition. They have added their share of incendiary statements to ginger up the anti-Islamic agenda of BBS, the most active of the chauvinist brigade. This has perhaps helped the spread of BBS’ core belief among Sinhala Buddhists that their religion and identity were under threat from Islam and Christianity. This is what probably prodded overzealous officials to expel a visiting foreign tourist for sporting tattoo of Buddha image!

However, the government was moved into action of sorts after BBS’s sustained campaign against the Minister of Industry and Commerce Rishad Bathiudeen culminated in a raid on his ministerial office by a BBS mob led by BBS general secretary Galagoda Aththe Gnanasara. The mob invaded the office shouting slogans against the Minister who was not in office at that time. The raid was surprising as Bathiudeen, who leads the All Ceylon Makkal Congress (ACMC), has been a loyal supporter of President Rajapaksa. The Minister of Justice Rauf Hakeem, leader of the Sri Lanka Muslim Congress has also faced Sinhala wrath after he met the UN High Commissioner for Human Rights Mrs Naveneetham Pillay and handed over details of Buddhist chauvinist attacks on Muslims in Sri Lanka.    

The government’s only response to the anti-Muslim campaign so far has been to create a special police unit under the Ministry of Buddha Sasana and Religious Affairs to deal with religious violence. This would indicate that the government would not treat criminal activities of chauvinist organisations like BBS under normal laws of the land. So it was not surprising the move was condemned by almost all political parties including the JHU. They considered it unnecessary as the existing laws gave enough powers to deal with such incidents. Muslims as a whole have dismissed the government action branding it as “eyewash”. They considered it as another government ploy to hoodwink Muslims and the country. Their concern is substantiated by the government’s failure to prosecute extremists Sinhalese monks who have continued to attack Muslims in the name of protecting Buddhism.

Law enforcement has also become tardy. According to police spokesman there were 14 incidents of bank, financial companies and jewellery shop robberies from December 26, 2013 to-date. So far only three of these cases have been solved.  President Rajapaksa at a recent meeting with newspaper editors agreed that there was a “notable increase” in robberies in Colombo. However, he attributed it to the removal of check points that were in force earlier to prevent the movement of terrorists.  

Follow-up action UNHRC resolution

The Office of the High Commissioner for Human Rights (OHCHR) has submitted its Management Plan 2014-17 to the UN.  The plan reflects the determination of the UN High Commissioner for Human Rights in sustained international community’s engagement on “issues of impunity, accountability and reconciliation for past and present human rights violations” in Sri Lanka till the year 2017.
However, the government has so far not changed its decision not to cooperate with the OCHR in the international investigation as required by the Resolution. It has warned that legal action would be taken on anyone testifying before the international investigation committee as it would tantamount to treason. The President has asked coalition partners to speak in one voice reflecting government policy on the issue.

Media reports indicate Mrs Pillay would complete the process of forming the investigation team by the middle of May. Representatives of the US and UK governments have started meeting with the various stakeholders on Sri Lanka accountability. Tamil Diaspora in Canada organised a conclave to bring all Tamil cultural organisations under one umbrella to take up the Tamil cause and ensure justice for them.   
So far the government has not taken any substantive action to answer specific issues raised by the Resolution. These include implementation of the recommendations of the LLRC on human rights violations and kick starting the stalled reconciliation process with Tamil minority.  How the government will respond to these moves remains an open question.

Ban on Tamil Diaspora organisations

The Sri Lanka Ministry of Defence ordered the freezing of all funds, assets and economic resources belonging to 16 Tamil Diaspora organisations  and 424 select individuals “believed…. to be committing, attempting to commit, facilitating or participating, in the commission of acts of terrorism.” In simple terms, it has banned them and under the Prevention of Terrorism Act anyone dealing with any one of them can be prosecuted.

A Gazette Extraordinary notification signed by the Defence Secretary, who is the Competent Authority, on March 20, 2014 lists out designated “natural persons, groups and entities” naming 16 organisations and 424 individuals in accordance with the United Nations Regulations No. 1 of 2012 implemented by Sri Lanka. The list includes the LTTE (factions led by Nediyawan and living abroad), and well known umbrella Tamil organizations of the Diaspora like the Global Tamil Forum (GTF), British Tamil Forum (BTF), Australian Tamil Congress (ATC) 

The 472 “select individuals” list attached to the gazette notification includes the names and identity and known details of residence abroad. It includes some well known camp followers of the LTTE like Rudra Kumaran. Thirtytwo  individuals said to be living in India including a few living in Chennai suburbs and refugee camps in Tamil Nadu also figure in the black list.  

The action against Tamil Diaspora came after the security forces eliminated three former LTTE cadres who were suspected of trying to revive the LTTE in Northern Province. Though at present the revival attempt appears to be in a nascent stage and does not enjoy public support, these killings and arrests of LTTE cadres reported in Tamil Nadu could affect the security interests of  both India and Sri Lanka if left unchecked.

The Tamil National Alliance has cautiously reacted to the news; P Sampanthan, the TNA leader, made it clear that Tamils wanted a peaceful solution and would not support any revival of separatist insurgency. However, he condemned the ban on Diaspora organisations as it would not help the reconciliation process.
Written on April 30, 2014
Courtesy: South Asia Security Trends, Volume 8, No 4 May 2014

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