Sri Lankan Foreign Policy and China

This is a clear indication of misusing of diplomatic privileges and immunities. The only action the Sri Lankan government should take is to declare the Chinese Ambassador “persona non grata” and expel him from Sri Lanka. This is a question of sovereignty of the country. If this is left unattended, the Chinese envoy can even openly criticize the President. Sri Lanka should not work like a satellite state of China.

by Our Special Correspondent

( November 7, 2016, Colombo, Sri Lanka Guardian) There is a limit for any envoy of a country to act in a receiving state how big or powerful his country is. The conducts of an envoy has been clearly described in the 1961 Vienna Convention on Diplomatic Relations. All states in the world follow and accept this convention as the foremost document in conducting intentional relations. Under this, Diplomats of the modern world enjoy diplomatic immunities. Yet, there is no room for any diplomat to interfere with internal affairs of any state. There are even provisions to arrest and charge a Diplomat if he or she involves in criminal activities. At the same time, the receiving state has the rights to send back any diplomat as per the provisions laid down in the Vienna Convention on Diplomatic Relations. Usually, states refrain from taking such actions unless there is no other alternative. Therefore, diplomats, in general do not interfere with internal affairs of the receiving country and they refrain from making any open comment mainly on political affairs and criticizing the political leaders. If an envoy acts contrary to the above, the receiving country can act according to the Vienna Convention on Diplomatic Relations. For example, On May 27, 1991 David Gladstone, then High Commissioner of the UK in Sri Lanka was declared persona non grata by the Sri Lankan government for ‘interfering with the country’s internal affairs’. His expulsion was confirmed ‘in conformity with the normal protocol procedure whenever a member of the diplomatic corps abused his/her privileges’.

The article 09 of the Vienna Convention on Diplomatic Relations related to the above is as follows;

“The receiving State may at any time and without having to explain its decision, notify the sending State that the head of the mission or any member of the diplomatic staff of the mission is persona non grata or that any other member of the staff of the mission is not acceptable. In any such case, the sending State shall, as appropriate, either recall the person concerned or terminate his functions with the mission. A person may be declared non grata or not acceptable before arriving in the territory of the receiving State.

If the sending State refuses of fails within a reasonable period to carry out its obligations under paragraph 1 of this Article, the receiving State may refuse to recognize the person concerned as a member of the mission.”

Sri Lanka has faced a similar dilemma today as a result of explosive remarks by the Chinese envoy on Sri Lanka. His remarks on Minister, Ravi Karunanayake was unacceptable in terms of the Vienna Convention on Diplomatic Relations. According to the reports, Chinese Ambassador in Colombo Yi Xianliang has openly criticized Finance Minister Ravi Karunanayake by referring to his name three times during a press conference held on 01st November 2016. This is highly an unusual act by a foreign diplomat. In realty, he is criticizing the official position of a minister in Sri Lanka on Chinese loan. This is tantamount to criticizing the policy of the Sri Lankan government. This is not the first occasions the Chinese Embassy in Colombo interfering with the internal affairs of Sri Lanka. According to the reports, on 02nd July 2015, a mobile phone belongs to the Deputy Chief of Mission in Chinese Embassy in Colombo disseminated SMS messages criticising minister Ravi Karunayake. The mobile number is 0776706560. These messages have been highlighting the benefits the people of Sri Lanka can get as a result of the Chinese projects in the country. He alleges in the SMS, “….one Minister level political figure’s allegation of only Chinese workers lost jobs at Chinese funded projects is totally wrong….” In this case it was Minister Ravi Karunanayke who expressed views on the Chinese projects. As a minister of the government he has a right to express his views on anything. However, these SMS messages intended to support the election campaign of former President Mahinda Rajapakse and the group. A number of SMS messages have been sent soon before the parliamentary election against the UNP.

There are many implications on these statements by the Chinese envoys. This is a clear violation of the Vienna Convention on Diplomatic Relations. It is also an indication for Chinese uppish attitudes towards Sri Lanka. China thinks that Sri Lanka should dance according to its tune mainly because it provides a large amount of funds to Sri Lanka for its development. The other issue is that failure of Sri Lanka to react to these actions as a sovereign state in accordance with the international law. This is great weakness. This reflects on Sri Lanka very badly in the intentional scene.

When the email scam of the former Deputy Chief of the Chinese Embassy was exposed no action was taken by the Sri Lankan Foreign Minister. However, Chinese government transferred him to their Consulate in Lon Angeles. Failing to act in this instance, the Minister of Foreign Affairs, Mangala Samraweera, displayed his weakness. Even today, the Minister of Foreign Affairs seems to be non responsive to the remarks of the Chinese Embassy. There are two main reasons for his inaction. One is his dislike towards the Minister Ravi Karunanayake. In the present cabinet of Sri Lanka, the Ministers do not treat each other as friends or colleagues. There is no agreement between them on any issue. This is because of internal political rivalry. The Prime Minister and the President have not taken any initiative to correct this nasty environment, which, indeed, an obstacle for a stable government. On the hand, the President, Prime Minister or Ministers do not have guts to talk against China. This is mainly because they need the Chinese funds and assistance very badly. Therefore, the Minister of Foreign Affairs may not take any drastic action against the Chinese Ambassador in Colombo. This attitude has been vividly reflected in the statement issued by the Sri Lankan Foreign Ministry on this issue. It says, “The Ministry is closely studying the comments made by the Ambassador.” This is a indeed very funny and shameful statement.

This is a clear indication of misusing of diplomatic privileges and immunities. The only action the Sri Lankan government should take is to declare the Chinese Ambassador “persona non grata” and expel him from Sri Lanka. This is a question of sovereignty of the country. If this is left unattended, the Chinese envoy can even openly criticize the President. Sri Lanka should not work like a satellite state of China. The whole world is looking at Sri Lanka as to how it reacts towards this incident. Any action of Sri Lanka decides whether Sri Lanka has a backbone to behave as a sovereign state in the intentional system or a purport of China. People in Sri Lanka is closely monitoring whether the top political leadership of Sri Lanka could be able to act like President Premadasa. Yet, certainly they have doubts about the present leadership of Sri Lanka.