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Paper presented by Prof Rajiva Wijesinha
Adviser on Reconciliation to HE the President of Sri Lanka
At an international conference on
India’s North-east and Asiatic South-east: Beyond Borders
Organized by the Centre for Research in Rural and Industrial Development
At the North East University, Shillong, on June 6th and 7th 2014

A major problem former colonies faced when gaining independence was that of identity. When composed of populations that differed from each other in various particulars, the question arose as to whether constituting a single country was justified. The problem was exacerbated by the two Western impositions after the Second World War that had done much to shape attitudes subsequently in an immensely destructive fashion. The first was the creation of a Jewish state in Palestine which institutionalized nationalisms based on identity rather than geography. Even more destructive as far as South Asia was concerned was the partition of British India, which popularized the idea that a country had to be based on homogeneity. This contributed to the othering of what was not homogeneous.

Obviously I do not mean to say that all was sweetness and light before that, for we are only too aware of conflicts based on identity through the centuries. But the idea that a country belonged to those of a particular identity, ethnic or religious or linguistic, was I believe damagingly entrenched by the Western redrawing of boundaries in areas that had not gone through the contortions that Europe had in developing the concept of the nation state. And, even more worryingly, the dominant force in the world at the time these divisive concepts became entrenched was the United States, which prided itself on being a melting pot, where different identities were subsumed in the great American dream.

This, combined with British notions of democracy, which gave supremacy to an elected Parliament, contributed I believe to the majoritarianism that has bedeviled South Asia since independence. So in both India and Sri Lanka we had efforts to impose the language of the majority on everyone else, though fortunately for you in India, this was resisted and, as far as the major languages of the country were concerned, you developed a more sensible policy.

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Amongst the many complaints against government made by its own Ministers and Members of Parliament who attended the Consultative Committee on Resettlement was one relating to something that has been a constant theme of the opposition. This is that the armed forces are engaging in business at the expense of civilians.

The specific case cited related to entry into joint partnership with a foreign national for the generation of bio-fuels. This seems to me in itself a good idea, and I can understand why the forces have got involved. Over a year ago I urged the Minister of Environment and Renewable Energy to start such activity on a large scale, and he agreed that this was essential. Having served previously as Minister of Petroleum, he was scathing about what he described as the oil mafia, which inhibits such activities. Certainly in COPE we have found ample evidence of what would be culpable carelessness, if not dishonesty, with regard to the import of oil. And the rapid turnover of Chairmen of the Petroleum Corporation, including most recently one of the most able and honest of Civil Servants, Tilak Collure, suggests the enormous power of this mafia.

But despite understanding of the situation, the Minister has done little to take forward activities in the field of Renewable Energy. This is sad since he could have taken advantage of the authority he derived from that being added, strangely but suitably, to the Environment portfolio. I had put him in touch with the Gandhi Centre, which had done much work on a small scale with regard to Gliricidia production in the North. He encouraged them to meet with the Sustainable Energy Authority, which had been very positive. But pushing projects in this field requires the active involvement of the Minister, and I fear this has not been forthcoming.

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I was pleased that Laksiri Fernando had picked up on my publication of documentation with regard to the negotiations between the government and the TNA way back in 2011. I suspect he is right in saying that some might think this is betrayal, given that even my efforts to defend the Secretary of Defence against Sarath Fonseka’s allegations in 2009 were described as betrayal. But this was by those such as Wimal Weerawansa who wanted to take political advantage of those allegations and therefore did not mind insinuating that they were true.

However I trust that those concerned with political reconciliation and long term peace, as Prof Fernando is, will realize that these notes are meant to make clear how easy it would be to reach a consensus with the TNA. But this needs negotiations to be conducted in good faith, and systematically, with appreciation of what the other side might fear. It is also important to move swiftly on whatever is agreed, as Nimal Siripala de Silva tried to do in 2011 with regard to the Concurrent List, only to be rebuffed by G L Pieris., even though we had obtained the President’s agreement to proceed.

To illustrate what I mean, I will look at the question of a Senate, which seems to have been a priority only for the President and me on the government side. To go into the history of that proposal, when I was appointed to head the Peace Secretariat in 2007, I should perhaps have participated actively in the discussions of the All Party Representatives Conference, which SCOPP hosted. But the Chairman, Prof Tissa Vitharna, thought that someone new should not be involved, so I stayed away. My main contribution was to cut down on the food bill, which had been enormous when I took over, largely because the practice previously had been to stuff up the delegates while waiting for the proceedings to start. This took for ever given prevailing standards of punctuality, and with the orders being placed beforehand, much went to waste when hardly anyone turned up.

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This false optimism, which is based on the assumption, which is quite contrary to the indications he has given, that the President wants to do none of the things he promised, has extended now to assuring him that all will be well after the Indian election, and we ourselves do not have to do anything to improve our situation. I am reminded then of J R Jayewardene twisting and turning in the years between 1983 and 1987 as he avoided action, and was forced gradually to concede, but always doing too little too late. So I wrote once that he assured us that there was a pot of gold at the end of the rainbow, during his discussions with India in 1986, but in the end the rabbit he pulled out of his hat was General Zia ul Haq. The idea that the Ministry of External Affairs has tried to convince the President that Mr Modi will play Santa Claus is preposterous, but I fear that that is the type of advice and advisors the President has to put up with.

All this is based on the assumption that somehow we can avoid implementation of the 13th Amendment. Because the advisors believe that subterfuge will win the day, no attempt has been made to analyse the 13th Amendment, see if anything in it is potentially dangerous, and then develop mechanisms to avoid those dangers. Instead we are doing nothing about the vast areas in which the strengthening of local administration – and concomitant local accountability – would immeasurably benefit the people.

The President I think understands this, for he was very positive about the ideas I suggested be discussed at the negotiations government had with the TNA. But the history of those negotiations makes it clear why we are in such a mess. The President put me promptly on the delegation when I pointed out there had been no progress over the preceding three months, and in the next three months we saw much progress, in part because I insisted on meetings being fixed on a regular basis. The government also put forward suggestions of its own, that I had proposed, whereas previously it had simply listened to what the TNA put forward, and then failed to respond despite promises.

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To return to the fears of resurgent terrorism in the North, this would seem preposterous given the patent relief of the majority of the Tamil people that the terrorism to which they were subject is over, a fact the military obviously recognizes. But at the same time it is clear that the people in the North have aspirations that are not being addressed, and this contributes to resentments that could be taken advantage of. Instead then of actions that could contribute to further resentments, the Secretary of Defence should rather work on those who have not only failed to overcome resentments, but have contributed to exacerbating them. Many of the better informed military personnel in the North understand this, and are at a loss to understand the myopia of government in this regard. But sadly, excellent politician though he is, the President will not put his mind seriously to the problem that has arisen in the last few years, and the Secretary of Defence has not produced comprehensive intelligence reports that assess the real reasons for resentment.

The resentment of the people was apparent in the massive vote against government at the recent election to the Northern Provincial Council. The President knew that he would not win the election, and I suspect this was true of everyone in government, even though the Minister of Economic Development, who had been entrusted with the government’s Northern policy, kept claiming that the government would do well. Indeed his belief seems to have been sincere, since the resentment he displayed after the results came in suggested that he was deeply upset at the total failure of his strategy. It was he, the President had told Dayan, who had insisted that the poll be postponed, on the grounds that the work he was doing would win popular favour, whereas the Secretary of Defence had been willing to have the election much earlier. It should be noted then that the Secretary’s opposition to holding the election last year was based on practicalities, the certainty of loss, rather than intrinsic opposition to a Northern Provincial Council, which he had sensibly enough thought should have been constituted earlier. But sadly his reaction to awareness of increasing unpopularity was not to ensure measures to reduce that unpopularity, but to try to sweep it under the carpet by even going to the extent of challenging the President when he made it clear that he intended to abide by his commitment to have the election.

That the Secretary was right to have wanted to have the election earlier is apparent from the results of preceding elections in the North. In the first set of local elections government actually won some local authorities. In the Wanni, government actually came close to winning in two of the three areas that polled, and in one the combined poll for government parties exceeded that of the Tamil National Alliance.

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I will return to the continuing failures of our foreign policy over the last five years, but first I should address the more serious issue, of how our military victory in 2009 has also been so thoroughly undermined. Five years ago it seemed impossible that the LTTE could be rebuilt, certainly not within a few years. But we are now told that there is a serious danger of an LTTE revival, and the more overt expressions of the security paraphernalia, removed to the joy of the populace after the war, have now been restored. Three individuals were killed recently in Vavuniya North, and we have been told of the seriousness of their efforts to revive terrorism, and this has led to checkpoints being reintroduced even in the East.

The story is treated with a pinch of salt in several quarters, with questions as to the failure of government to identify the policeman who was supposedly shot at, the absurdity of a terrorist hiding under a bed breaking through a cordon of police, the failure of the army which was in attendance in Dharmapuram at the time to deal with the problem, the ridiculousness of the suspects retreating to an area where the army was engaged in exercises. But there is no reason to assume the military have concocted the story, and indeed I was convinced of the sincerity of its representative who came to me with details of what was going on – though I should note that sincerity in those who believe a story is not proof of its actuality.

I do realise that there are now a range of elements in the military, and the enormously decent professionals who fought the war have less influence than those who follow the more occult practices of the West in countering terror. But even they must surely realize that what happened recently is an admission of incompetence greater even than that which created the Taliban and Al Qaeda as forces of immense power. My interlocutor told me that the vast majority of the people in the North were sick and tired of terrorism, and – as perhaps the only parliamentarian from the South who visits regularly for free interactions with the populace – I certainly believe him. But in that case, how on earth can there be a serious threat of an LTTE revival?

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Reconciliation and the role of India

Presentation by Prof Rajiva Wijesinha, MP

At the Observatory Research Foundation

Delhi, December 13th 2013

 

I must admit to being deeply worried about the current state of relations between India and Sri Lanka. I contrast this with the excellent situation that obtained in 2009, when India was the chief component of the protective barrier against efforts to stop us eradicating terrorism from our shores. One might have thought that this was a goal the whole world would have supported, but sadly this is not an ideal world and countries will naturally put their own self interest first. Fortunately, not only did India’s interests coincide with our own at that stage, but given the terrible toll terrorism funded by external sources was taking on both our countries, I think it is also true to say that we worked in accordance with the highest moral perspectives.

But the aim we shared then, of eradicating terrorism on our shores, went hand in hand with another commitment, which was the promotion of pluralism in Sri Lanka. This again is a moral goal, but it also has a practical dimension, in that the full incorporation of the Tamil people in the body politic in Sri Lanka would have reduced the potential for future terrorism.

Sadly Sri Lanka has not pursued the Reconciliation process with the commitment it requires. Given its urgency I believe we should try to understand the reasons for this, and try to overcome them. In this process India has a significant role to play.

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I have been reading with some bemusement the recent exchanges regarding the role and views of my old friend Dayan Jayatilleka, who has been under attack because of his support for the 13th Amendment and devolution. This is an old story, and he is well able to defend himself. But recently there has been a change, because he is attacked not only for what he believes – which he would be quite happy to deal with – but also on the grounds that he caused problems for the government because he defended us forcefully against attacks in the international arena way back in 2009.

The argument is that he put us in a difficult position through his defence, which involved commitment to the 13th Amendment. As I have said before, this is nonsense, because all he was doing was reiterating what our old friend Mahinda Samarasinghe would describe as the consolidated position of the government of Sri Lanka. This had been expressed clearly by the President in a joint communiqué with the Indian government as also in a joint statement issued together with the UN Secretary General. This last indeed contained material relating to accountability which I thought unnecessary, but which it seemed only Dayan and I, thought of as outsiders with no diplomatic training, recognized was potentially dangerous. Foreign Ministry officials saw no problem with that commitment on the part of government, though later Palitha Kohona told me he had advised against that clause, and it was only the President’s haste to settle the matter that curtailed further discussion.

That having been said, the clause would have caused no problems had we interpreted it straight away on our terms. It was the culpable neglect of what we had pledged that has contributed to our problems, and that was nothing to do with Dayan, who was given the cold shoulder soon afterwards. He was to spend a year in limbo, until the President recalled him to service in Paris, where he did a fantastic job.

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The International Centre for Ethnic Studies invited me recently to a seminar which was essentially on the post-conflict situation, though it had a more philosophical title, as is required to attract funding. I was pleased to attend, since I think one should engage with such organizations. Though I felt that for many years ICES had an essentially destructive agenda as far as this country was concerned, that seems to have changed with the appointment of a new Executive Director, who is certainly critical of government, but with I think no partisan agenda but only a commitment to ethnic pluralism as well as fundamental human rights.

This is Mario Gomes, whom I first knew as a protégé of Richard de Zoysa. I was reminded of this (rather sentimentally, a sure sign of advancing age) at the opening session, which I only managed to get to late since I was driving down from Vavuniya. However I managed to hear almost the whole presentation by Qadri Ismail, who was his usual iconoclastic self, demanding a stop to generalizations about identity. I would describe this as a quintessentially liberal position except that he would probably find the term anathema (I think he still sees himself as a socialist, though I can think of no one less likely to fit into any form of collective).

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Politics certainly makes strange bedfellows, as exemplified recently by the allegation made by Shenali Waduge against Dayan Jayatilleke. I see Shenali Waduge as an aggressive writer, a description I am sure she would relish. Yet the charge she levels against Dayan is precisely that which was made a few weeks back by Tissa Jayatilaka, whose agenda now seems to be wholly that of the Americans whose Fulbright Commission he now heads.

Shenali’s criticism of Dayan occurs in the midst of a massive diatribe against G L Peiris, with which I must confess I have some sympathy. Yet I think Shenali has missed the point, because she thinks GL has a perspective which is opposed to her own, whereas the reality is that GL has no perspectives at all. Dayan on the contrary does, but Shenali is totally wrong to say that the 2009 vote in our favour in Geneva was because Dayan ‘secretly inserted a clause stating Sri Lanka would implement the 13th amendment’. This is of a piece with Tissa Jayatilaka’s claim that the victory in 2009 was a disaster because the draft contained pledges which have now come back to haunt us.

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Rajiva Wijesinha

July 2019
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