The political debate in Sri Lanka will soon away from its near total involvement with Geneva and get back to the other topics of political relevance here, with Sri Lanka getting a two year extension to implement the UNHRC Resolution of October 2015, which was co-sponsored by Sri Lanka with several other countries. The extension was obtained by Sri Lanka without vote, with showed much international understanding of Sri Lanka’s situation, and an appreciation of the country’s position.
Deputy Minister of Foreign Affairs Harsha de Silva made it clear that Sri Lanka will in this two year extension to implement the consensual Resolution 30/1 of October 2015, with patience, understanding and constant effort and perseverance seeks to make the reconciliation process in the country a success, moving towards a progressive and united society, taking the Sri Lankan nation towards new heights in socio-economic development. He re-affirmed what Foreign Minister Mangala Samaraweera told the UNCHR earlier at this 34 Session of the Council, when explaining the progress made by Sri Lanka in the areas of peace, unity, understanding and reconciliation, and explained the need for a two year extension to carry out the many tasks in the regard.
It is noteworthy that the UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, reiterated the need for foreign judges and other legal personnel to be available for probes into any alleged war crimes in the country – both by the State forces and the LTTE - in the final stages of the war with the terrorist LTTE. Yet, the High Commissioner did admit that Sri Lanka had made considerable progress in the cause of peace, understanding and reconciliation in more than two years since the major political change that took place in the country, in January 2015.
Sri Lanka will certainly have to do more from now on with regard to action on Missing Persons during and because of that conflict, setting up of a Truth and Reconciliation Commission, and the better assurance of equality for all in the process of justice in the country. These are matters flowing from the original resolution of October 2015. But what obviously matters more in the local political context is the issue of foreign judges, in what has been proposed as Hybrid Courts, for transitional justice in the country, The huge echoing of Geneva in the local political debate in the past weeks, especially after Foreign Minister Samaraweera’s statement at the UNHRC late last month, has been over this issue of foreign judges. The situation has certainly been made even worse with both President Sirisena and Prime Minister Ranil Wickremesinghe stating their own disagreement on the need for foreign judges, although for different reasons.
Politics of transition
The wide breather that Sri Lanka had now got of a two year extension on implementing the several matters necessary for strengthening peace and reconciliation has also given us the time to come to a final resolution of the issue of transitional justice. There is no doubt the situation has changed in the country from what it was in October 2015. The judiciary is certainly more independent.
There have been two Chief Justices appointed, based on solely seniority on the Bench. The country has certainly moved away from a period of total government control over the judiciary, as seen in the Rajapaksa period, and to an extent even before.
The issue that the Joint Opposition raises, whether Minister Mangala Samaraweera agreed to the ‘hybrid court’ principle on his own, without the agreement of the President and Prime Minister has been well answered by the Foreign Minister himself, stating it was a government decision.
The voices of opposition being raised against the hybrid court, which involves foreign judges, are being met, through President Sirisena’s objection to it on principle, which does come somewhat late, and Prime Minister Wickremesinghe’s objection on practical reasons, which makes it more realistic. What the Prime Minister says is that the appointment of foreign judges would require an amendment to the Constitution, and as such is not practical in the current context. This is certainly taken in the context of the Government’s overall fears of the necessity to have a referendum to adopt a new Constitution. There is no doubt that in the current political situation with divisions within the SLFP, and the increasing rivalry between the SLFP and UNP, the government may not be able to get the two-thirds majority in parliament for such an amendment to the Constitution, even if a referendum is not required for such a change.
This understanding of the political situation, and the fact that the UNHRC cannot compel Sri Lanka to have a hybrid court, would no doubt make this call die down among the majority community, and thereby enable the government to move away from the hybrid court in the next two years, However, it will certainly have to face the harsh reality of how this will be seen by the Tamil community, which is looking for a better approach to the issues of peace understanding and reconciliation. It will certainly be the task of the government, and those among its leadership seeking to obtain big national positions in the national elections that are a head from 2019 onwards, to think of effective reconciliation, through the prevailing judiciary, with all the independence that could be shown, and also by having the courage to bring any issues of alleged war crimes before our own courts.
Back to a farce
The Joint Opposition has been pushed into an embarrassing position with the decision of its MP Wimal Weerawansa to launch a fast in the Welikada Remand Prison. He is objecting to his being held behind bars for a long period, on the issue that this prevents him from serving the people in his electorate, in the Colombo District.
It is reported that some members of JO who saw him had told him that this is not the best approach, because his being held in remand is due to decisions by the courts. In fact, he has launched his fast after the High Court rejected his petition to rescind the Colombo Magistrate’s Court’s decision to place him under remand custody, for an offence that involves misuse of a very large amount of State funds, when he was a minister in the past government.
The people are certainly reminded of his other well known, but very foolish, shameful, and quite hilarious fast near the Office of the United Nations in Colombo, some years back. He was crunching biscuits during that “fast” and gave up his nonsense when President Mahinda Rajapaksa came to him with a soft drink. It certainly was not a big publicity event for the former President.
Before the latest fast was announced, the JO leader in Parliament, Dinesh Gunawardena did make a statement about opposition members who are held in remand not being able to carry out their service to the electorate. What both he and Wimal Weerawansa should understand is that service to the people does not involve fraud and criminal action, and it is the duty of an MP, who is interested in serving the people, to keep away from the offences that can lead to them being kept in custody and away from the people.
Wimal Weerawansa should be reminded that there have been criminals in the past, who did carry out fasts when in prison, and were brought to the Courts in a stretched state as weak persons, but the Courts did not take notice of such conditions in dealing with them as citizens facing the law. Weerawansa must know he is not a special person before the law, which he must have understood when he was recently not given party leader status in parliament by the Speaker. We will have to wait for the next stage of the Weerawansa drama in the stage of folly politics in Sri Lanka.
Trail of journalist killers
The new evidence placed before the Courts with regard to the assassination of Lasantha Wickramatunge, following a statement by Field Marshal Sarath Fonseka, certainly opens a new trail in the hunt for the killers of journalists during the Rajapaksa Regime.
Former Secretary of Defence, Gotabhaya Rajapaksa, comes to the scene asking why the former Army Commander did not know what those under him were doing in the Army, during his time of command. No doubt the Courts will look into that at the proper time. However, there is no doubt the Secretary, Ministry of Defence was above the Army Commander, and it was very much so during the time of Gotabhaya Rajapaksa in that position.
What is more interesting is to see how so many persons in the Military Intelligence Service have been suspect of involvement in the abduction and possible murder of journalists at that time.
It is a matter both Rajapaksa brothers – President Mahinda and Secretary Defence Gotabhaya - will someday require to give the proper answers.
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