Col R Hariharan
Judicial investigation of war crimes
Sri Lanka government is once again embroiled in a
controversy over international participation in the judicial process to inquire
into allegations of war crimes perpetrated by both the Sri Lanka army and the
LTTE during the Eelam War. President Maithripala Sirisena in an interview with BBC Sinhala Service last week said he
would “never agree to international involvement in this matter ...We have more
than enough specialists, experts and knowledgeable people in our country to
solve our internal issues.... This investigation should be internal and
indigenous, without violating the laws of the country, and I believe in the
judicial system and other relevant authorities in this regard.”
However, in a Channel 4 news interview on January 26
Prime Minister Ranil Wickremesinghe, when asked whether there would not be any
foreign involvement as stated by President Sirisena, said the President had not
ruled it out. When asked to confirm there would be an international component,
the Prime Minister said “we are standing by our commitment to the Geneva
resolution.” He said the government would put together a mechanism for
accountability and reconciliation by May.
Sri Lanka had co-sponsored a resolution in the UN Human
Rights Council on the subject which affirmed the importance of a credible
justice process and international participation in the judicial mechanism. So
the seemingly contradictory stand of the President and Prime Minister has
caused concern among stakeholders and the UN.
The Global Tamil Forum (GTF) spokesman Suren Surendiran
said the Tamil community would not accept any move on the part of Sri Lanka to
deviate from the Geneva resolution. The Tamil National Alliance has also voiced
similar objection.
UN Secretary General Ban ki-moon’s spokesman in response
to the President’s statement said the Secretary General wanted international participation in the judicial mechanism investigating
Sri Lanka war crimes. His comment was obviously in response to Srisena’s
negative response to international involvement in the judicial process.
It is obvious the President and Prime Minister are trying
to resolve the differences within the coalition while putting together a viable
judicial mechanism to satisfy both the people at home as well as the UNHRC and
international community.
Ultimately, a compromise of sorts allowing involvement of
former Sri Lankan judges who had served in international bodies would be
evolved. This was indicated by the government spokesman and
minister for health Rajitha Senaratne who aid “we have clearly stated that the
Independent Domestic War Crimes Court which UNHRC insisits should be
established before its next session in June would be manned by Sri Lankan
judges. The services of persons such as former judge Weeramantry [a Sri Lankan
who had a distinguished career as a judge in the international court of justice
for nine years] can be obtained.”
Moves afoot for a new opposition party
With the United National Party (UNP) as
well as most of the opposition Sri Lanka Freedom Party (SLFP) members
participating in the national government, Rajapaksa loyalists in the joint
opposition group in parliament are finding themselves marginalized. Twenty such
parliament members announced that they were resigning from the SLFP. They said
they would join a new political party to be formed soon. In an interview to the Daily
Mirror Basil Rajapaksa, former president Rajapaksa’s brother and
minister for economic development has also voiced the need for a new political
platform as rank and file of both the SLFP and the UNP are disappointed
with their leaders in power and there was no political platform for them to
express it.
Former president Mahinda Rajapaksa is not
averse to idea of joining such a party perhaps due to frustration in rallying
SLFP members within the SLFP to take on the Sirisena-Wickremesinghe duo The
arrest and remanding of Yositha Rajapaksa, former president Mahinda Rajapaksa’s
second son and a naval officer, on January 30 in connection with a case of
money laundering case has imparted a sense of urgency for a political platform
for the Rajapaksas. Investigations into many other cases of corruption
and misuse of power involving the family members are also likely to come to a
closure in the coming months. The former president who was present in the
court when his son was sent to prison called it an act of revenge. He told the
reporters “I don’t mind this if my son has done anything, but I know my son is
innocent.”
In the same case under Money Laundering Act Nishantha
Ranatunga, who was a CEO of Yositha’s Carlton Sports Network (CSN)
has also been arrested.
In this context it is interesting to
note the former additional secretary in the ministry of in defence Damayanthi
Jayaratne who was being questioned in the Avante Garde arms deal case has fled
the country without permission from the ministry of internal affairs where she
is currently working. The Special Presidential Commission of Inquiry to
Investigate into Serious Acts of Fraud, Corruption and Abuse of Power
(PRECIFAC) is investigating the case in which Gotabaya Rajapaksa, former
president Rajapaksa’s brother and former defence secretary has also been
questioned.
ETCA with India
Sri Lanka intends to sign the Indo-Lanka Economic and
Technology Cooperation Agreement (ETCA) by mid 2016. Announcing this, the
country’s minister for development strategies international trade
Samarawickrama said the agreement would deepen bilateral relations between the
two neighbours. He was speaking at the second international investment
promotion forum in Colombo.
Explaining the rationale for the agreement,
the minister said as Sri Lanka has already signed Free Trade Agreement (FTA)
with India, China and Pakistan and the ETCA would provide value addition to
fully turn them to further Sri Lanka’s economic and commercial interests.
However, some of the professional bodies
like the Organisation of Professional Associations, the Sri Lanka Association
of Software and Services Companies and the Government Medical Officers’
Association have voiced their opposition to the signing of the ETCA with India
as they fear invasion of Indian professionals in large numbers into the country
to the detriment of local professionals. The Marxist Janatha Vimukthi Peramuna
(JVP) party which is opposed the signing of the agreement has threatened to
launch an agitation against it.
Pakistan Prime Minister’s visit
Pakistan Prime Minister Nawaz Sharif made a
three day visit to Sri Lanka that ended on January 6; during the visit the two
countries signed eight agreements covering the fields of health care, science
and technology, trade, statistics sharing, gem and jewellery, money
laundering and terrorism finance and culture. However, a $ 400 million
agreement for Sri Lanka to buy Pakistan-made Chinese JF17 Thunder jet fighters
which was expected to be signed during the visit did not materialize.
According to media reports Sri Lanka
cancelled the order due to Indian pressure. Sirisena regime is trying to
balance its relations with India which were skewed in favour of China during
the Rajapaksa decade. So Sri Lanka’s reluctance to override Indian concerns is
understandable as both countries after regime change are keen to build better
Indo-Sri Lanka relations.
Unlike his predecessors, Indian Prime
Minister Narendra Modi is looking at the relations beyond the narrow spectrum
of Tamil issue to forge closer economic relations so that the island nation
takes advantage of India's growth story. Even otherwise, India which has close
strategic security ties with Sri Lanka particularly in protecting their
combined interests in Indian Ocean region. In this context India would be
averse to see the presence of Pakistan air force training crew and Chinese air
force maintenance crew gaining access to air force facilities in the close
vicinity of peninsular India.
Written on January 31,20015
[Col R Hariharan, a retired Military Intelligence
officer, served as the head of intelligence of the Indian Peace Keeping Force in
Sri Lanka (1987 to 90). He is associated with the Chennai Centre for China
Studies and the South Asia Analysis Group. E-mail: haridirect@gmail.com Blog: http://col.hariharan.info
Courtesy: South Asia Security Trends, February
20015 issue www.security-risks.com
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