download (8)I had a bizarre experience recently when I had to attend what is termed Standing Committee B of Parliament, which deals with legislation. This was in connection with the Vasantha Senanayake Foundation (Incorporation) Bill which I had sponsored. The experience was rendered worse by the Minutes which I received subsequently, which bore no relation to what had actually taken place.

I presume that there is some formula for reporting the meetings of these Standing Committees, but it was certainly inappropriate in this case, given that I had raised some matters which I had asked to be recorded. The Minutes state that I moved several amendments to the original draft of the Bill I had presented. This was not the case. What happened was that we were told the legal advisers had gone through the draft and suggested amendments. I accepted these, but I asked the basis on which they had been made.

It turned out then that the representative from the Legal Draughtsman’s Department who was supposed to liaise with Parliament regarding the Bill had no idea of the reasons. After much discussion one bright lawyer from the Attorney General’s Department said that the changes were probably because the Bill as it stood seemed to be in conflict with the Constitution.

I gathered then that for years the Attorney General had advised against many charitable works by Foundations on the grounds that the Constitution, following the introduction of the 13th Amendment that introduced Provincial Councils, declares that ‘No Bill in respect of any matter set out in the Provincial Council List shall become law unless such Bill has been referred by the President…. to every Provincial Council’.

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download (7)An opposition member noted that recently there had been much speculation in the corridors of Parliament about the manner in which funds were being allocated for development. I had realized something unusual was going on, because during Reconciliation meetings in the North I had been told about massive amounts being made available to individual Members of Parliament.

I had not received anything myself, and indeed had to ask for the Rs 5 million that has been given each year to all Members of Parliament. I was particularly keen to have this available, because it was only recently that I realized that no one else spent even a modicum of what I did in the less populated Divisions in the North. I had decided that this year then I would spend the bulk of my funds, not split between North and South as previously, but largely in the East, because I realized there were also Divisions there which received little. But I am not sure whether I might not be forgotten, given the rush to spend the much larger sums that have been given selectively.

What the rationale for selection is I am not clear about, though I know that DEW Gunasekara has not received any, and it seemed Rauff Hakeem had received nothing either. I was told though that, when he complained about this to the President, it transpired that the latter was not aware of this and urged him to write in and ask. I have followed suit, but as yet have received no reply.

At a recent Consultative Committee meeting however, since the Minutes referred to the allocations, we were able to ask, and received a very clear picture of the manner in which the development budget allocated to the Ministry of Economic Development is being spent. It seems that large amounts have been allocated to government Members of Parliament who chair particular Divisional Development Committees, and they are asked to decide on Projects. This is of course not meant to be spent arbitrarily, but is supposed to be after due consultation of the people.

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download (6)I have a great affection for General Chandrasiri, and indeed great admiration too. This began when, in 2008, he invited me to be the Chief Guest at the Future Minds Exhibition he had organized in Jaffna. The other principal invitee was to be the Bishop of Jaffna, someone else for whom I have both affection and admiration. Though he has always stood up for the rights and dignity of the Tamil people he serves, he has also spoken out against terrorism and the LTTE.

Indeed, it is a mark of his integrity that the strongest evidence against the spurious allegations made against us with regard to the first No Fire Zone comes in the letter the Bishop wrote on the day that Zone was subject to attacks. Contrary to what the Darusman report insinuates, and what an even less scrupulous report claims was our plan to corral civilians in places where the LTTE had weaponry, the Bishop said that he would ask the LTTE to refrain from transferring weapons into the No Fire Zone. Unfortunately neither the Ministry of Defence, nor the Foreign Ministry (the latter, as Dayan Jayatilleka graphically described it, now territory occupied by the MoD), have bothered to argue against the allegations on the basis of facts and evidence from independent sources.

Unfortunately the aim of General Chandrasiri in 2008, to avoid politicians, as he put it to me when asking me for the event, was countered by Douglas Devananda doggedly turning up and taking a prominent role. I could understand then why he could not be put off, but it is sad that he did not take up the idea suggested by the General’s assertion of the need to develop human resources. Instead, even in the local authorities his party won, he allowed personal predilections to come to the fore, and did nothing for development. There was no thinking of the type of partnership that could have been set up, to train youngsters and start businesses, through a synergy of talents, with civilians being in charge but accepting advice and assistance from the military.

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download (5)The last few weeks have seen much agitation about Non-Governmental Organizations, with threats to introduce new legislation to control them more effectively. The whole exercise seemed to me absurd, since existing legislation is quite enough to prevent abuse. If it is not working, it is because the personnel involved are incompetent, and even much stronger legislation or regulation will serve no purpose unless more capable people are deployed.

Unfortunately the President has been pushed into a position where he can only employ the second rate for this purpose, as he has realized was the case with Lakshman Hulugalle. The only qualification for the job seems to be total subservience to the powers that be, what Dayan Jayatilleka described as the Mafia lawyer syndrome when he first identified the breed, six years ago. He actually demonstrated the posture, hands held crossed behind the back, head nodding in acquiescence, claiming that the model derived from ‘The Godfather’.

How sad the situation of the present incumbent of the position is became clear when I attended the launch of the Roadmap prepared by the Association of Women Affected by War. I sat behind so did not recognize the attractive young lady who was in the centre of the front row along with a couple of envoys. It was only at the end that I realized she was Sanam Naraghi-Anderlini, whom I had met a few weeks earlier at the Oslo Forum where I had been invited to debate against Mr Sumanthiran on the propriety of talking to extremists.

By then I knew that she had been instrumental in developing Security Council Resolution 1325 about the need to involve women in peace initiatives – and also that, though invited for the launch, she had been forbidden to speak. The press had also been barred from attending the event.

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download (4)I was privileged, a couple of weeks back, to attend the release of the Northern Education Sector Review Report at a ceremony held at Vembadi Girls School. I had last been at Vembadi in 2008, when the then Commander of the Special Forces in Jaffna, General Chandrasiri, arranged what was termed a Future Minds Exhibition. It was at the height of the war, but the General had already begun to plan for the future, and sensibly so for he stressed the need for the development of human resources.

I was struck by the irony now, with the controversy over his continuation as Governor. I will look at that issue elsewhere, but here I will dwell on the fact that the Provincial administration had invited him as Chief Guest, to be given the first copy of the report, and all the speeches made were in a spirit of cooperation. In particular the chair of the committee that had prepared the report, the distinguished athlete Nagalingam Ethirveerasingham, still described as the Olympian, emphasized that the recommendations of the Review were all within the framework of National Policy.

That having been said, the Review is masterly, in clearly identifying many of the problems we face, and suggesting simple remedies. But obvious though many of the pronouncements are, I fear that such an essentially sensible work could not have been produced in any other Province.

There are many reasons for this. I do not think there is any essential intellectual difference between those in the North and others in the country, but I do believe that the urgency of the problem with regard to education is better understood in the North. After all it was simplistic tampering with the education system that first roused deep resentments in the younger generation in the North (Prabhakaran’s batch were the first victims of standardization), and the incapacity or unwillingness of successive governments since then to provide remedies has entrenched bitterness. And whereas Chandrasiri way back in 2008 understood the importance of action in this field, and entitled his Exhibition accordingly, he has since had to serve a political dispensation that cares nothing for the mind.

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download (3)An enormous step forward was taken recently by Parliament, the first with regard to Parliamentary practice since COPE decided to establish Sub-Committees so that it could try to cover all the institutions that came under its purview each year. I can take some credit for this step too, since the Secretary General kindly informed me that this followed on my pointing out to him that the proceedings of Parliamentary Consultative Committees were not available to the public.

Beginning with the proceedings of May 2014, Parliament now issues a Monthly Report that consists of the Minutes of the Consultative Committees. This should in theory be a monthly document, since there are 60 Consultative Committees, all of which should meet every month according to Standing Orders. However there were only 15 sets on minutes, one of which recorded that the meeting was not held since only the Minister and I were present. So there was no quorum, though I should note that we did have a very fruitful discussion, which has been recorded, since the Ministry, that of National Languages and Social Integration, had invited representatives of the Ministries of Education and of Youth Affairs to discuss matters of common interest.

For five other Ministries the minutes had not been confirmed, which I presume means the Ministry has not as yet responded to the draft sent by the Committee Office. 40 Ministries it seems had not met. One excuse made for this lapse is that, given limited space and time, it is not possible for all the Ministries to meet each month. But this will not wash since, given that more than one meeting can be held at a time, and that Parliament sits for 8 days each month, it would easily be possible to cover the whole gamut  if 7 or 8 meetings are held on each sitting day.

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download (2)The request to write an article on US Policy towards Sri Lanka in 2008/2009 came at a timely moment, for I had been reflecting in some anguish on the crisis that the Sri Lankan government is now facing. I believe that this crisis is of the government’s own creation, but at the same time I believe that its root causes lie in US policy towards us during the period noted.

Nishan de Mel of Verite Research, one of the organizations now favoured by the Americans to promote change, accused me recently of being too indulgent to the Sri Lankan government. I can understand his criticism, though there is a difference between understanding some phenomenon and seeking to justify it. My point is that, without understanding what is going on, the reasons for what a perceptive Indian journalist has described as the ‘collective feeling that the Sri Lankan State and Government are either unable or unwilling’ to protect Muslims from the current spate of attacks, we will not be able to find solutions.

Nishan might have felt however that I was working on the principle that to understand everything is to forgive everything. But that only makes sense if corrective action has been taken, ie if the perpetrator of wrongs has made it clear that these will be stopped and atoned for. Sadly, after the recent incidents at Aluthgama, I fear the time and space for changing course are running out. But even if we can do nothing but watch the current government moving on a course of self-destruction, it is worth looking at the causes and hoping that history will not repeat itself at some future stage

My contention is that the appalling behavior of the government at present springs from insecurity. That insecurity has led it to believe that it can rely only on extremist votes and extremist politicians. Thus the unhappiness of the vast majority of the senior SLFP leadership, and their willingness to engage in political reform that promotes pluralism, are ignored in the belief that victory at elections can only be secured if what is perceived as a fundamentalist and fundamental Sinhala Buddhist base is appeased.

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download (1)

A couple of years back one of the more thoughtful of our career Foreign Ministry officials tried to put together a book on Sri Lanka’s international relations. This was an excellent idea in a context in which we do not reflect or conceptualize when dealing with other countries.

However it turned out that hardly any Foreign Ministry officials were willing or able to write for such a volume. Still, with much input from academics, the manuscript was finalized. But then the Minister decided that it needed to be rechecked, and handed it over to his underlings at the Kadirgamar Institute of International Relations and Strategic Studies, where it has lain forgotten since.

Recently I retrieved from my archives the two pieces I was asked to write, and am republishing them here -

 

Sri Lanka needs to be aware of both facts and principles in dealing with Post Conflict Reconstruction. The facts are simple, and we must recognize that the world at large is aware of them. First, we need aid and assistance for reconstruction. Second, that assistance will be more readily forthcoming if we make significant progress towards reconciliation. Third, reconciliation will be judged in terms not only of what government says, but also the responses of the Tamil community.

These three facts are I think readily recognized by government, and there is no essential difficulty about working in accordance with them. There is however a fourth fact that we need to bear in mind, which is that some elements in the international community believe that the attitude of the diaspora is the most significant element in assessing Tamil responses. This is potentially an upsetting factor, and we have to make sure we deal with it convincingly. Similar to this is a fifth factor, that assessments made in Colombo are often used by salient elements in the international community to judge what is happening with regard to reconciliation and the responses to this of the Tamil community at large. Again, this is a factor that government must take into account.

In one sense this should not be too difficult. A similar situation obtained even with regard to the conflict. We needed assistance to deal with the threat of terror, and in obtaining this we had to make it quite clear that we looked to a military solution only for military matters, ie the secessionist military activities of the LTTE. The solution to the problems of the Tamil community had to be found through negotiation as well as sympathetic understanding. We were also able to show that the Tamil community in the affected areas was not indissolubly tied to the Tigers, inasmuch as once liberated they participated actively in elections in the East, and they took the opportunity in the North (as they had done in the East, in a military campaign that saw no civilian casualties except in a single incident which the LTTE precipitated) to escape from the LTTE as soon as we were able to provide such an opportunity. The simple fact that many of the younger cadres disobeyed orders about firing on civilians, and came over willingly, makes clear the positive response of the affected Tamils.

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downloadIn July 2008, when I was head of the Peace Secretariat, I published a volume entitled ‘Lest We Forget’, to commemorate the 25th anniversary of the ethnic violence of July 1983. I had wanted the President to preside over a meeting to express regrets, but he did not think this appropriate at the time. However I had no doubt that, as a member in 1983 of the opposition that also suffered from the authoritarianism of the Jayewardene government, he understood the enormity of what had happened in 1983.

Now I am not so sure. Though he has reacted much better to the events at Aluthgama than Jayewardene did, he has not been firm enough in ensuring zero tolerance for racism. And though he recognizes that the activities of the BBS and its leader are destructive, he seems to think that they have emerged through an international conspiracy. The pronouncements of close associates in government who have encouraged the attitudes propounded by the BBS (or, on a charitable view, fallen headlong into the trap laid by the supposed international conspirators) is ignored.

Worse the President also seems to believe in the danger presented by Muslim extremists. It is unfortunate that he does not see that a more irrational version of such fears is the purported raison d’etre of the conspirators he criticizes. What is then an essential ambiguity suggests that, unless he assesses the situation more carefully, we are in danger of descending into the mess caused by the Jayewardene government in 1983.

When, with a view to reproducing it, I got out this introduction to the book that was published, I tried changing the references to 1983 to relate the article to recent history. Though obviously the President behaved much better than President Jayewardene, who justified the attacks of 1983 and used it to introduce legislation that drove the TULF from Parliament, the changes by and large worked, and indicated that current tensions and hardening attitudes could lead us to further excesses.

My fear is that, unless the President takes action soon, things will spiral out of control. The fact that J R Jayewardene knew what Mathew was up to made it easier for him to control the man when it became clear that his approach was destroying the country and alienating all except those who subscribed to his views and his ambitions. President Rajapaksa’s relative innocence may render him less effective if and when the crunch comes. The fact that he was kept in ignorance of the warning conveyed by one of this own Ministers to the Inspector General of Police before the emotive rally that led to mayhem is symptomatic of the isolation to which he is subject. Perhaps his most loyal supporter in the inner circle said recently that he was being kept in ignorance of what is going on in the country. That must change if he and the country are not to suffer what we all went through after 1983. Read the rest of this entry »

download (3)I have been mostly away for some weeks, but that is not the only reason I did not talk about the appalling violence that occurred in Aluthgama almost a month ago. I was waiting, because I hoped that this would be a turning point for the Presidency. I hoped that, in reacting to violence that goes against the principles on which he has twice won the Presidency, the President would free himself from the polarizing shackles that have fallen upon him.

I fear that nothing of the sort has happened, and it is possible that my old friend Dayan Jayatilleka was right, if prematurely, in suggesting that the Mandate of Heaven might have passed. He said this a year back, after the Weliveriya incident. Though I did not agree with him then, I must admit that he saw the writing on the wall more clearly than I did. But, like him in his recent claim, citing Juan Somavia, that this man should not be isolated, I think it would make sense to continue to urge reforms from within.

There are signs that this will not be a hopeless task, given the recent visit of the South African Vice-President, which our Deputy Foreign Minister said very clearly in Parliament sprang from an invitation from our President, who hoped to learn from their experience. Wimal Weerawansa will of course claim that his threats have worked and South Africa will not interfere, but his capacity to delude himself, and assume the world is deluded too, is unlimited, and we need not worry about that. Obviously South Africa had no intention of interfering at all, because like all those in the coalition Dayan Jayatilleka built up in 2009, she subscribes to the basic UN principle of national sovereignty. But she has clearly been invited here in the hope that we might be able to move forward, and get out of the morass into which, with much help from ourselves, we have been precipitated.

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Rajiva Wijesinha

August 2014
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