Embedding freedom in Sri Lanka

By Uditha Jayasinghe

“For to be free is not merely to cast off one’s chains, but to live in a way that respects and enhances the freedom of others” – Nelson Mandela

Freedom is one of the most idealised words in the human vocabulary. Everyone cherishes it and aspires to have it, but few succeed in preserving it for future generations. These few direct history, for to believe in freedom is to hold the heartbeat of civilisation.

Despite a brutal civil war that began in 1983, Sri Lanka clawed along achieving economic growth of around five per cent in the last 10 years. Due to the global recession and escalation of violence during the final stages of the war, Gross Domestic Product (GDP) growth slowed to just 3.5 per cent in 2009 and foreign reserves fell sharply. Then came something unfamiliar – peace.

One of the most lucrative developments was China’s entry as Sri Lanka’s largest funder since the end of the war with US$ 1.2 billion in loans in 2009 and US$ 821 million in 2010. Last year the amount fell to US$ 784.7 million but China remains involved in almost all the large-scale projects taking place in the Indian Ocean island.

Some of the biggest projects include a US$ 1.3 billion coal power plant on the north western shore as well as a host of other investments in the south of the country including a 1.2 billion dollar port and US$ 209 million airport.

China has also pledged US$ 760 million to improve the road network and is also heavily involved in highway construction. Such funds together with money from a range of other countries have transformed the face of Sri Lanka.

Roads, bridges, highways, harbours, airports, water and electricity projects are springing up everywhere. The once-familiar road blocks have vanished and in 2012 Sri Lanka saw one million tourists drinking tea amidst its cool hills and lounging on pristine beaches.

Private sector business confidence rebounded quickly with the end of the war and an International Monetary Fund (IMF) agreement in July 2009, which concluded in July last year.

Under the IMF program Sri Lanka signed onto a Stand-by Agreement of US$ 2.6 billion that bolstered foreign reserves and kept the economy from plummeting into a balance of payment crisis.

Sri Lanka also climbed the Ease of Doing Business rankings compiled by the World Bank and remains focused almost obsessively on achieving economic development. The oft-repeated benchmark for this is doubling per capita income to US$ 4,000 by 2016.

Consequently, Sri Lanka recorded strong growth in 2010, as GDP grew by eight per cent. Official foreign reserves, including borrowings, reached US$ 6.6 billion, which is equivalent to six months of imports, according to the Central Bank.

Year 2011 brought even better results with the island recording 8.3 per cent growth, the first time that the country managed to record such high numbers in consecutive years. Sri Lanka also completed most of its resettlement of 150,000 people displaced by the war.

The Government also rehabilitated around 11,000 cadres who were formerly members of the Liberation Tamil Tigers of Eelam (LTTE), made inroads on demining, and began working on developing the former war zones. Despite being four short years from the carnage of war, Sri Lanka was seeing a level of development that most post-conflict countries would envy.

Political stability was also assured with the re-election of President Mahinda Rajapaksa and his Government for a second term during the first few months of 2011.

Challenges

But an absence of war alone is not enough. True prosperity is not possible without good governance, property rights and the rule of law, effective public services and strong civil institutions, free and fair trade, and open market.

Many international organisations have urged the Sri Lankan Government to cut red tape, to address corruption and to set up an effective co-ordinating mechanism for investment – each of which would make Sri Lanka a more attractive market for investors. They have called for upholding of civil and political freedoms, and for the Government to set an example.

This means that the Government must respect and maintain independent institutions, encourage individuals to speak out and engage constructively in debate. The rule of law is crucial to long-term prosperity and ensuring that it is applied across the board should be the first responsibility of everyone.

For businesses, as well as individuals, knowing that there are fair, transparent and independent mechanisms for resolving disputes is essential. And the concepts found within legal systems – certainty of contract, non-retroactivity and the equal application of laws – are the foundation for business and growth.

In short the rule of law should be embedding cultures of transparency and consistency and fairness into the very way in which Sri Lanka operates. The appointment of the Lessons Learnt and Reconciliation Commission (LLRC) was one such attempt. Understanding the needs of all minorities, establishing the framework for inclusive political settlement is the path for sustainable peace, and perhaps Sri Lanka’s greatest challenge.

The LLRC report contains many constructive recommendations for action on post-conflict reconciliation and a political settlement. If the report is implemented in full, it would go a long way to achieving lasting peace. Economic development is a necessary, but not exclusive, answer to these challenges.

The actions suggested by the LLRC include a national day of remembrance for all victims of the conflict, closure for the families of missing persons through access to detainee lists, returning IDPs back to their homes, a political settlement which protects minority rights and withdrawal of the army from the north. These are sensible recommendations, coming from Sri Lanka’s own reconciliation commission, which will accelerate Sri Lanka’s recovery from conflict.

The LLRC rightly pointed to the need for political institutions which give all communities a voice, and the need for steps to recognise, remember and reconcile the divisions of war. Part of this must also include accountability before the law for those on all sides accused of human rights abuses during the conflict. And that applies equally to investigating and prosecuting disappearances and abductions that have happened since 2009, as well as answering allegations of crimes committed during the war.

Such steps would not only forge peace with Tamils it would also bolster links with the Muslim community. In recent weeks the dangerous spike of communal violence has raised its evil spear. Unless nipped in the bud it could stab the fragile peace that is enveloping Sri Lanka after more than three decades. It would mean a repeat of all the mistakes that have darkened our history. It would be the end of a new beginning.

Economic development cannot be divorced from rule of law. In fact all other abuses of freedom stem from the violation of this one golden principle. The rule of law is like the burnished thread that binds a nation to freedom.

From ancient times Sri Lankans have lived with diversity and revelled in it. We have a gift for assimilation that added richness to culture and society. It empowered us during almost 400 years of colonisation and gave us an identity that is unique yet fluid.

It is now time to add to that treasure by respecting each other, understanding who we are as a nation, and growing together. Let history show that we are intelligent enough to learn from the past and forge a future of freedom.