Col R Hariharan
Dealing with war crimes and rights issues
Sri Lanka Prime
Minister Ranil Wickremesinghe tabled in parliament the UN Human Rights
Investigation report as well as the reports of the Udalagama and the Paranagama
commissions. The two commissions were appointed by former president Mahinda Rajapaksa.
The UN Human
Rights Council resolution co-sponsored by Sri Lanka and adopted unanimously on
October 1 calls for a domestic internal inquiry involving foreign expertise
over the alleged human rights violations during the 26-year long war against
the Tamil Tigers that ended in 2009.
The Udalagama
Commission was mandated to investigate and inquire into 15 incidents of alleged
serious violations of human rights since August 1, 2005. The Commission
has concluded the investigation into seven of the 15 incidents. It found the LTTE had “exposed” the girls to the air strike at Sencholai camp, which was a legitimate
military target. Fifty one school girls were
killed in the air attack in August 2006.
With regard to
the shooting down of 17 aid workers of a French NGO in Mutur in August
2006, the panel said it was possible that LTTE “perpetrated this crime to blame
the armed forces.” In respect of four other instances including the
killing of 98 Navy personnel near Sigiriya in October 2006, the panel blamed
the LTTE directly or indirectly.
The Paranagama
commission rejected the UN estimated figure of 40,000 as the number of
people killed during the final phase of the conflict. However, it found the
allegations of Sri Lankan army committing war crimes credible. It called for an
independent judicial investigation into war crimes allegations. In an apparent
reference to the “white flag killings” incident towards the end of the war,
Paranagama has said an investigation team of the Commission would conduct an
independent inquiry into the alleged extra-judicial executions of surrendered
LTTE leaders.
Both President
Maithripala Sirisena and the prime minister have made it clear the inquiry
would be a domestic one, carried out within the parameters of the constitution.
As the government sponsorship of the UN resolution has already drawn heavy
criticism from the opposition, the government has the delicate task of putting
together a mechanism acceptable to local and international audiences, while
safeguarding the nation's sovereignty, judicial independence.
There was near
consensus on a domestic mechanism at an all party meeting called for by the
President Sirisena to evolve a broad political consensus. Tamil United Liberation Front (TULF) leader R Sampanthan asked
the President to “build a process for Tamils to have confidence in the
authority. Hold an impartial inquiry where the Tamils could place
faith.The government would probably set up a
local mechanism with judges, prosecutors and defence counsel chosen by it
assisted by expert opinion and technical expertise from foreign experts.
Sri Lanka’s
dismal economic situation
The Institute of Policy Studies(IPS) in its
2015 report on Sri Lanka State of the Economy on theme of "Economic Reforms
in Sri Lanka: Political Economy and Institutional Challenges" has examined
many interrelated reforms relating to economic policy areas - trade and
investment, labour market, foreign employment, education, health, social
protection, agriculture and the environment. Given the array of issues, the
report argues for coherence and prioritization in the design of reforms on
several fronts, so that they add up to a plausible overall economic strategy to
achieve sustained high growth in the long-run.
Speaking on the occasion of the release of the report Sri
Lanka’s deputy minister of state
enterprise development Eran Wickramaratne acknowledged that the government was
facing a lot of economic challenges left over by the Rajapaksa government. He
said the country was facing deficit on two fronts: current account deficit as
well as budgetary deficit. Sri Lanka’s export share of gross domestic product
has shrunk to less than 15 percent and global market share for exports must be
reversed.
These
sentiments were echoed by the Central Bank Governor Arjuna Mahendran who said
Sri Lanka’s tax system was regressive and needed to be boosted through fresh
measures to reduce stress on State banks by loss making state owned
enterprises. According to Palitha Ekanayake, former director-general at the
Ministry of Rural Economy, the country’s foreign debt had grown from 36 percent
of GDP in 2010 to about 65 percent; and it was likely to rise to 94 percent
this year. Foreign reserves had fallen from US$ 9.1 billion in August last
year to US$ 6.8 billion by the end of September this year. He added “debt
instalment and interest obligations already exceed government revenue. That
means we have to borrow to square existing loans.”
However, we can expect the government to face political challenges
in executing difficult reform options. So inevitably, it is likely to temper
economic reforms considering the political and social realities. This would
mean a long haul for economic recovery of the country.
Fishing in Sri Lanka waters
The apprehension of as many as 120 fishermen of
Tamil Nadu fishing in Sri Lankan waters during the month triggered the
vexing issue in Tamil Nadu political circles. Sri Lankans had also impounded 40
fishing trawlers, seriously affecting employment opportunities for fishermen.
Stung by strongcriticism of the state and central
inaction on the issue by the DMK leader M Karunanidhi, a delegation of India’s
AIADMK MPs met Indian External Affairs Minister Sushma Swaraj and sought a
permanent solution to the problem. They also demanded the Centre’s immediate
intervention for release of 86 Indian fishermen languishing in Lankan jails.
Briefing reporters after the meeting, their leader Thambi Durai said the
External Affairs Minister has assured them that the matter would be taken up
with President Sirisena. The delegation also sought Rs 1520-crore special
package for improving deep fishing facilities in Tamil Nadu.
Ironically on the day the delegation met the minister, 34 more Tamil Nadu fishermen were apprehended, underlining the urgency for finding a durable solution. However as Tamil Nadu would be going for assembly elections next year, political parties are unlikely to agree upon any consensus to resolve this issue for fear of a backlash.
Interestingly, on October 23 the Indian Coast Guard
apprehended two Sri Lankan trawlers along with 29 Sri Lankan nationals off
Chereapani reef in Lakshadweep waters for poaching of sea cucumber an
endangered marine species. This underlined the problem also involves Sri Lankan
fishermen fishing in Indian waters.
Written on October 31, 2015
[Col R Hariharan, a retired
Military Intelligence specialist on South Asia, served with the Indian Peace
Keeping Force in Sri Lanka as Head of Intelligence 1987-90. He is associated
with the Chennai Centre for China Studies and the South Asia Analysis Group.
E-Mail:colhari@yahoo.com Blog: http://col.hariharan.info]