As China gains a greater foothold in Lanka, India is cautiously watching if its influence in the region will be hit. Minister S Jaishankar’s visit to Colombo was an attempt to mend fences with the neighbour.
Col R Hariharan |Cover story |IL Feature| India Legal |January 15, 2021
Last year, 2020, may well end up as a
landmark one, not only because of the Covid-19 pandemic, but due to the running
feud between the US and China that set many prairie fires in global politics.
Sadly, even though it was the 75th year of the founding of the United Nations,
it will be one of its most forgettable years for non-performance, when most
international institutions were reduced to debating societies.
Chinese President Xi Jinping in his
address on the 75th anniversary of the UN on September 22, 2020, championed the
cause of the global organisation to stand firm for justice, mutual respect and
equality among all countries. He spoke strongly in favour of globalisation and
climate control and cautioned: “Unilateralism is a dead end. All need to follow
the approach of extensive consultation, joint contribution and shared
benefits.” Clearly, with the US increasingly
isolating itself, China is getting ready to steal the thunder in the global
arena. If we go by the developments in 2020, China can be expected to play a
greater leadership role in the UN in the coming years.
Two
UN advisory bodies the WHO and the UN Human Rights Council (UNHRC) were
probably affected more by US President Donald Trump’s version of American
exceptionalism after he reneged on the leadership role the US played in these
institutions. China has taken advantage of this and increased its influence in
both bodies. WHO’s role became suspect in the western world during the Covid
pandemic when it failed to pay attention to China’s dubious role in trying to
suppress information on the origin and spread of the virus from Wuhan. China, which had been hauled up before UNHRC for human rights
excesses against the Uyghur minority, is now a member of it. This gives it a
vantage point when the UNHRC discusses Sri Lanka in March 2021. It is not clear
how effective these bodies would be during this year as much would depend on
how quickly the newly elected POTUS, Joe Biden, “takes back the country” to
face China on his own terms and joins the UNHRC. And it is not going to be an
easy task.
India saw China
firming up its strategic presence in South Asia and the Indo-Pacific region at
the cost of its own influence in its neighbourhood and the Indian Ocean region.
In the face of the China-Pakistan strategic combine gaining strength, India is
recasting two of its core beliefs strategic autonomy and building a win-win
relation with China to protect its interests as a regional power. The Quad a
quadrilateral network of the US, Japan, India and Australia has taken shape to
protect their strategic interests in the Indo-Pacific region to tackle China’s
aggressive pursuit of its interests.
During 2020, Sri
Lankan President Gotabaya Rajapaksa carefully balanced his external
relationship in the midst of these developments. When he served as defence
secretary during his brother’s (President Mahinda Rajapaksa) decade long rule,
both came under strong influence from China. However, President Rajapaksa tried
to erase any such misgivings in India and swore that Sri Lanka would never do
anything detrimental to Indian security.
In spite of this,
Sri Lanka is fast becoming a case study of China’s influence on it, not only in
economic policies and development agenda, but politics as well. It has affected
the interests of its other traditional development partners such as India, US
and Japan. The Rajapaksa government has not accepted the US offer of the $480
million Millennium Development Grant, though the proposal was mooted during
President Mahinda Rajapaksa’s rule. The government has abandoned the Japan
International Cooperation Agency-funded Colombo monorail project. It is a
slight that would not be easily forgotten by Japan.
The Japan, India
and Singapore joint project for development of Trincomalee is still in
incubation. A slew of Indian-funded development projects have also faced
bureaucratic delay. Indian partnership for the development of the East
Container Terminal (ECT) project of Colombo Port, agreed upon by the Sirisena
Wickremesinghe government faced trouble of a different kind. The government had
signed a Memorandum of Understanding (MoU) with India and Japan to jointly
develop the terminal, utilising a $500 million loan from Japan. India chose the
country’s largest private port operator, the Adani group, for a joint venture
with the Sri Lankan Port Authority and the local conglomerate John Keells for
the project.
However, despite
India prodding Sri Lanka at the highest level, the Rajapaksa government delayed
taking a decision on it. As Columnist Ranga Jayasurya noted: “However, the ruling party-affiliated trade unions have opposed the
joint venture with India. That is notwithstanding that China’s state owned
enterprises and China Port Merchants own 85 percent of stake in the adjacent
Colombo International Container Terminal under a 35-year Built-Operate Transfer
Agreement.”
President Rajapaksa
is in control of a highly centralised government, with strong military
overtones, and run according to the Sinhala Buddhist religious and cultural
ethos. The president has openly declared that he is beholden to the Sinhala
Buddhist majority for electing him and giving him a two-thirds majority in
parliament. His word has become the rule of law.
With Sinhala
majoritarian rule a reality, Tamil and Muslim minorities fear they would lose
even the few measures taken by earlier governments in meeting their
aspirations. These fears seem to be justified considering the recent decisions
taken by the government. These include indefinite postponement of the
provincial council (PC) elections on the advice of Buddhist prelates, periodic threats
to repeal the 13th amendment that created the PC and witch-hunting of Muslims
by Buddhist fringe elements.
Perhaps the most
far reaching of all his actions was to announce that Sri Lanka would no longer
be cooperating with the UNHRC resolution 30/1, which the previous government
had co-sponsored in 2015. According to the resolution, Sri Lanka was committed
to “establish a judicial mechanism with a special counsel to investigate
allegations of violations and abuses of human rights and violations of international
humanitarian law”. It also affirmed that “a credible justice process should
include independent judicial and prosecutorial institutions led by individuals
known for their integrity and impartiality”.
However, though the
Sirisena Wickremesinghe government made some hesitant moves to implement the
resolution, it had to seek a two-year extension in 2017 to fulfil its
commitment. After that, the ruling coalition developed cracks and the
implementation process came to a grinding halt.
When the deadline
ended in the UNHRC in 2019, Sri Lanka Prime Minister Ranil Wickremesinghe
managed to get another two-year extension through a resolution sponsored by the
UK, Canada and Germany.
While announcing
the withdrawal of sponsorship of the UNHRC resolution, the Rajapaksa government
declared its commitment “to achieve sustainable peace through an inclusive,
domestically designed and executed reconciliation and accountability process,
including through the appropriate adaptation of existing mechanisms, in line
with the Government’s policy framework”. This would imply that the government
was in no mood to strike a compromise against foreign intervention as it
considers it an affront to its sovereignty. It seems to be banking on the
support of China, Russia, Cuba, Pakistan and Uzbekistan.
India had been
keenly following the issue in the UNHRC as it is intimately linked to the
ethnic reconciliation process, underwritten in the Indo-Sri Lanka Agreement in
1987. Moreover, its fate has political implications in Tamil Nadu politics
where the Sri Lanka Tamil issue comes to the fore particularly during
elections.
It is against this
backdrop that we have to look at the two-day visit of Dr S Jaishankar, Minister
of External Affairs, to Colombo in the first week of January 2021. During the
visit, he called upon the president, the PM and the foreign secretary, as well
as political leaders who included Tamil ones. According to media reports,
during his meeting with the president, a number of issues, including ongoing
projects and other areas of cooperation and development were identified.
Apparently, the
Indian foreign minister had raised the delayed ECT project issue also with
President Rajapaksa, because the president clarified the status of the project
on January 13 to a group of the Ports Authority Trade Union representatives. He
said: “The former government has made an agreement to sell the ECT to India.
Following discussions the incumbent government had with India, it has now been
agreed to retain 51 percent of its ownership and the administration of the
Eastern Terminal with the Ports Authority.” He further added that the ECT
development project was planned after careful consideration of regional
geopolitical facts, the country’s sovereignty, generation of income and job
opportunities. He explained that India contributes to 66 percent of re-exports
at the ECT. Bangladesh contributes 9 percent to the shipment volumes and the
rest are transshipments from other countries.
Jaishankar also
addressed a joint media conference with his Sri Lankan counterpart, Dinesh
Gunawardena. He reminded Sri Lanka that India was a dependable partner “open to
strengthening its relationship with Sri Lanka on the basis of mutual trust,
mutual interest, mutual respect and mutual sensitivity”. This was perhaps a
subtle reference to the sensitive issue of Sri Lanka’s commitment under the
1987 Accord.
He said that it was
in “Sri Lanka’s own interest that the expectation of the Tamil people for
equality, justice, peace and dignity within a united Sri Lanka are fulfilled.
That applies equally to the commitments made by the Sri Lanka government on
meaningful devolution, including the 13th Amendment to the Constitution”. This
was a signal that India would not be party to any action that compromises the
Indo-Sri Lanka Agreement of 1987.
The Sri Lankan
Tamil issue is already coming up as assembly elections are going to take place
in Tamil Nadu in May 2021. The BJP is determined to make a mark in the state
with its coalition partner, the AIADMK.
One can expect the
Sri Lanka war crimes issue to gain momentum in the state when the UNHRC
discusses Sri Lanka in March. With China, Russia and Pakistan ganging up to
support Sri Lanka, India may have to do some tight-rope walking in managing it
in the UNHRC.
—The
writer is a military intelligence specialist on South Asia, associated with the
Chennai Centre for China Studies
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