Friday Sep 20, 2024
Friday Sep 20, 2024
Tuesday, 23 December 2014 00:02 - - {{hitsCtrl.values.hits}}
Sri Lanka had a golden opportunity to bring about a lasting solution through a South African style Truth and Reconciliation Commission (TRC) where whites and blacks got together and steered a new constitution for South Africa. All militants and armed forces personnel were granted amnesty. Bishop Desmond Tutu chaired the TRC and some witnesses cried over horrendous crimes perpetrated on both sides.
If Sri Lankan armed forces personnel were granted amnesty, then Geneva deliberations would not even have arisen. Human rights allegations are not directed at South African defence force personnel because the reconciliation process gained legitimacy in the face of the international community.
Absence of rule of law
The whole nation saw the brutal murder of a brilliant journalist, Lasantha Wickrematunge, whose style of writing had varying perceptions about ethics of journalism and privacy of individuals; nevertheless being a civilian, who does not carry a pistol in his pocket nor being surrounded by bodyguards, he should not have been subjected to such a brutal attack. There were numerous other journalists who came under physical attacks.
The studio of the Sirasa News Channel, the most popular among the people, was torched. Unfortunately it came to be realised later on that there was a certain ‘culture of impunity’ and Government seemed to have turned a blind eye to crimes against media personnel. Journalists who have been critical of the policies had to leave the country. This was considered a clear break in the ‘Rule of Law’ in Sri Lanka.
The international community started rebuking Sri Lanka and Sri Lanka lost credibility and could not justify the attacks on those who have dissenting views. The law abiding citizens, with no political axes to grind, had a difficult time digesting the new stories on attacks on free media.
Reconciliation took a back seat
President Rajapaksa should be commended for having held elections and formed the Northern Provincial Council. The Government embarked on linking the rail and road lines, which had been devastated due to the war and Yaldevi link to Jaffna is an important milestone in bridging the north south divide. But there is a missing link, that is transformation of wounded minds of the northern Tamils.
Prof. Rajiva Wijesinha, who was at the forefront of defending the Government of Sri Lanka at a very crucial time at international forums such as on BBC, CNN and Al Jazeera and at Geneva, laments that he had made certain initiatives on 
reconciliation and none of his recommendations had been considered by the Government.
Prof. Wijesinha says that: “In the Draft National Reconciliation Policy prepared in my office in 2012, we noted the need for establishing a multi-stakeholder institutional mechanism charged with promoting and monitoring the reconciliation process. I had no response whatsoever to the draft. Colombo thus ignored what the Lessons Learnt and Reconciliation Commission had clearly stated in 2011.”
Why has the reconciliation process taken a back seat? There may be some merit in the grievances of Prof. Wijesinha and other Ministers who defected, whose reasoning seems to have had no place in the Government. As regards allegations of war crimes, why was a Pakistani international law expert consulted when we have a world-renowned Judge of the International Court of Justice – Justice Weeramantry?
There is clearly a mismanagement of the post-war reconciliation process, as described by Prof. Wijesinha and this was partly due to hostile foreign policy towards the West. The Government seems to have forgotten that the LTTE is a banned outfit in the UK, US, Canada and in EU. Can Sri Lanka afford to have a conflict with the West, thus risking the LTTE ban being lifted? The pro-separatist lobby is no longer interested in a military solution but a political one, which is much more serious and a dangerous threat to the sovereignty of Sri Lanka.
Militarisation of Government machinery
The whole nation salutes the war heroes including those who have sacrificed their lives and those who are still living and doing a great service for the nation. Today we all celebrate ‘peace’ solely because of the great patriotic victory brought about by the armed forces. Even Tamils who languished under the barrel of a gun for three decades in the north and elsewhere celebrate peace which is the cornerstone of human existence.
The Government began to dish out top slots in diplomatic and public service for war heroes. There is absolutely nothing wrong with that, however excessive indulgence in posting war heroes would certainly send a different message where there is an urgent need to restore civilian administration.
Placating wounded minds of Tamils
How has the Government placated the wounded minds of Tamils in the Northern Province? Showing more Army personnel on the ground five years after the war victory does not augur well for the reconciliation process.
As Minister Vasudeva Nanayakkara says: “There are too many and too many soldiers dabbling with civil administration. Too much of military involvement in a civil administration. There is too much occupation of public space by the personnel of the armed forces. But they are getting on well. You can trust me. When you go up there you will find sections of the armed forces and sections of people are getting on well. But that doesn’t justify the general pattern of interference in the civil administration.”
Minister Nanayakkara posits that war crimes inquiry should have been done in Sri Lanka thus leaving the foreign intervention apart. He went on to say, in response to a question by the journalist as to whether he agreed with the cry for an investigation by the international community. Minister Nanayakkara’s response was: “No. What does the international community have to do with it? International community has nothing to do with our country. Our country’s investigations have to be done by us. If somebody says this commission which is investigating, is alleged violations is not credible, let them come out with it and say this is not credible for the following reasons. Not the Government but some sections of the armed forces who took the law into their own hands. Why should I become responsible for that? I should take action against them. If I didn’t take action against them then I am responsible.” (Interview in the Daily Mirror on 15 December).
This statement of the Minister Nanayakkara is totally in variance with the thinking of the Government and runs counter to Government policy. Is this a battle within?
Independence of Judiciary
Integrity and independence of the institutions of Government, especially the Judiciary, must be upheld. The independence of Judiciary is of course the last vestige of hope for Sri Lankans in search of justice.
If a citizen is unable seek justice in a fair and equitable manner he can no longer trust the system, which is supposed to uphold the rights of citizens, a feeling of alienation and insecurity might grip the citizen. Lack of trust in the system would be inimical to the Government.
There cannot be two yardsticks for Justice, one for the ordinary citizens and the other for the ruling elites. It is therefore very pivotal for the Government to establish independence of judiciary and other institutions of democracy or by resurrecting the 17th Amendment, which has some semblance of hope.
(This writer is a freelance journalist, a Government affairs analyst and a registered member of the American Association of Political Consultants.)
