Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Sunday, April 7, 2013


One of the grave threats faced by the minorities today comes from the incensed mob and Police inaction during mob violence

M.A.Sumanthiran M.P.-Sunday, April 7, 2013
SRI LANKA BRIEF
‘Towards a peaceful environment to live with confidence, without fear of crime and violence.’ This is the current Vision of the Sri Lanka Police, unambiguously declared on its official website. 
How many of us live today with confidence and without fear? 

Police in conversation with a monk who was leading  the mob against Fashion Bug

The government’s portrayal of the Police in Sri Lanka quite deliberately runs contrary to this Vision. In this article, I wish to examine the underlying message the government communicates to the public regarding the reliability of the Police, and to emphasize the dangers inherent in this message.

 Every month, the President issues a statement declaring the inadequacy of the Police in Sri Lanka. The declaration goes unnoticed; yet the portrayal of the Police it seeks to reinforce in our collective conscience is clear. Many of us fail to detect the significance of the monthly Presidential Proclamation issued under section 12 of the Public Security Ordinance.

The provision empowers the President to call out the armed forces for the maintenance of public order, if he is of the opinion that the Police is inadequate to deal with circumstances endangering public security in any area. The Army, the Navy and the Air Force are called out to maintain public order in each and every district of this country, signifying, in no uncertain terms, the inability of the Police to carry out this task.

In the context of periodic renunciations by the Head of State, should we dare ask why the Police fails to protect us? Police inaction should come as no surprise. It seems that no citizen in this country truly enjoys the right—even privilege—to be free from fear of crime and violence. The expectation of Police incompetence and the reality of Police inaction appear to be mutually reinforcing.

One of the grave—if not the gravest—threats faced by the minorities of today, comes from the incensed mob, bent on propagating fear and causing destruction. Hence it is Police inaction during mob violence that best measures the state of our society and the protections it affords to those who need the Police most. Police inaction during mob violence is so typical it has become an almost expected element in any incident. Several such incidents come to mind.


In April 2012, a mosque in Dambulla was attacked by a mob. The Police was informed of the impending attack. It not only failed to prevent the attack, it attended the ‘event’ and looked on helplessly as devotees were intimidated and prevented from entering their place of worship.

On 15 February 2013, the displaced victims of the Valikamam North High Security Zone held a peaceful hunger protest. As soon as the Leader of the Opposition left the protest, four Military Intelligence men went amok, attacking protesters and journalists. Yet again, the Police remained passive as the assailants destroyed equipment belonging to journalists and attacked innocent civilians. Despite repeated requests by TNA parliamentarians present at the protest, the Police took no action to arrest the culprits. And last week saw the attack on the TNA office in Kilinochchi by a mob carrying the national flag!

I was present on that occassion when concrete stones and rocks were hurled for about half an hour while the Police looked on. Three persons apprehended by the people, including a CID officer, were promptly released by the Police. This was followed by a dastardly attack on the Uthayan Newspaper distribution office in Kilinochchi and employees were badly injured. Here too the assailants got away without any risk of being arrested by the Police.

Also last week, a mob attacked and vandalized a Muslim-owned business in Pepiliyana. Once again, the Police attended, but only to bolster numbers in the audience. Little was done to prevent or mitigate the attacks. In fact, there are photographs depicting Policemen haplessly looking on as the mob, which included Buddhist monks, vandalized the buildings.

One need not possess much imagination to speculate that, in each of these incidents, the Police was under strict orders to do just as they eventually did: remain passive. One might recall the distinct contrast in the brutal response of the Police to the protests led by students of the Jaffna University in November 2012. Hence there is little doubt that Police inaction during mob violence is quite deliberate—in effect, an ‘act’ of omission. 

The message appears to be loud and clear; not only in the monthly Presidential Proclamations, but also in the manner in which the Police is repeatedly rendered powerless in the face of serious public disorder. The message is that the Police is incompetent, ill-equipped or simply unwilling to maintain law and order, even in a self-proclaimed peaceful society.

Why should this be of any concern to those who are presently left unthreatened?

The portrait of an apathetic or disempowered Police results in a type of dual psychosis. On the one hand, each Presidential Proclamation of Police inadequacy and each incident of orchestrated Police inaction create fear in the ordinary citizen. On the other, these events embolden the mob and remind them that law enforcement is more likely to be complicit in their deeds than to prevent them.

Lord Byron once wrote: ‘The sight of blood to crowds begets the thirst of more, as the first wine-cup leads to the long revel.’

I have often warned that the grievances of the ‘other’ rapidly become one’s own grievance. Today, the Tamil and the Muslim bear the brunt of impunity. Yet one might ask, how many Sinhalese who fall out of favour tomorrow might confidently rely on the Police to intervene in their moment of need? Take for example, the multi-ethnic, multi-religious group of lawyers who sought to peacefully protest the unconstitutional impeachment of the current Chief Justice Shirani Bandaranayake in Hulsftdorp in January this year. The Police not only failed to protect the rights of this group, it in fact actively aided a pro-government mob in suppressing the protest.

In conclusion, I ask: is this portrayal of the Police deliberate?

The historical portrayal of the Police as an apathetic or powerless entity has been quite deliberate. It achieves two things. First, it drenches us in fear and reinforces the constructed need for a militarised society. We are forced to be tentative; to censor ourselves when we ought to speak; to stay home when we ought to get out onto the streets.

Second, it empowers extremism. The mob is now infused with confidence to proceed with the knowledge of State acquiescence. Without the Police, the mob is merely an unruly gathering, soon to be disbursed. But the pogroms of this era have taught us well that the Police plays its part through carefully orchestrated acts of omission.

This regime, with its penchant for identity politics, stands to gain from such extremism. Hence I am not afraid to call this portrayal deliberate. Freedom from fear is the hallmark of any peaceful society. But ours has been deliberately deprived of that freedom.
M A Sumanthiran
 Member of Parliament
 Tamil National Alliance

Courtesy - DBS,com

A protest exploded yesterday against Minister Rishad Badihudeen at Mullaitheevu concerning land distributions to people.  People gathered enormously and protested against Minister.
 
Minister Rishad Budihudeen was perturbed and confused of settling the disputes, ultimately he and his accomplices retreated from the locality.
 
People at the protest alleged “we are facing a variety of hardships for the past 30 years without lands, and in this state, Minister Rishard Badihudden is attempting to distribute lands for his supporters”.
 
500 acres Thekkankadu locality is near the 6th milepost at Mullaiyawalai. By completely destroying this jungle, Minister Rishard Badihudeen has taken measures to colonize 445 families in this vicinity, supporting him.
 
In view of this, land surveyors on last 21st visited the area to survey the said land. But the Mullaitheevu people gathered and opposed the surveying and send them back.
 
Minister Rishad in this state yesterday Saturday visited Mullaitheevu to attend many events. He had made arrangements to destroy the forest and to allocate lands to  his supporters  who had accompanied him.
 
Minister’s accomplices arrived yesterday morning to the said forest locality with 5 "Falco" machines.  This came to the awareness of the Mullaitheevu people and they began to assemble from 7.00 a.m in the morning.
 
People gathered at the vicinity warned the Ministers supporters without providing lands to us, if attempts done to clear the forest, they will smash the "Falco" machines. Some slept in between the machines not permitting the machines to move.
 
These oppose activities of people, continued yesterday and until afternoon Minister Rishard Badihudden did not appear. Finally he arrived at about 4.30 p.m and the Mullaitheevu people gathered and a massive chaos prevailed.
 
People said, “940 families are without lands in the Karaithuraipattru divisional secretariat unit. Without granting lands to us, we will not permit to issue lands to your supporters”.
 
“You became the Minister from our votes. But now you should not function on behalf of   your supporters”. “We did not vote for that”, and all jointly with the same intention explicitly notified and did not move from the locality. Minister was unable to cope up with the situation.
 
During this commotion, Vijithan an employee attached to the Mullaitheevu district local council department, (an organizer for many protests in Vanni region against "Udayan" press) spoke on behalf of the Minister and Mullaitheevu people bellowed at him.
 
Vijithan appealed from Mullaitheevu people, “lands could be given in the east of Mulliyawalai, the boarders of Maangulam, Mullaitheevu main road, and allow to settle the supporters at the middle of Mullaiyawalai”
 
People got annoyed and reprimanded him, and they were firm in their final decision.
 
This caused arguments for one and half hours between the people and Minister Rishad and finally Minister said, on Monday (tomorrow) he would hold discussions with the Government Agent of  Mullaitheevu district secretariat to find a final decision and retreated with his supporters as their mission was completely nullified.
 
Meanwhile personnel from forces, police and intelligence unit in many hundreds were   deployed at the said locality.
 
Recently a case was filed at the Colombo Supreme Court  opposing to the activities of destroying the forest and to colonize the people, and the inquiry was postponed to June 3rd, and in this situation, Minister was engaged in this attempt was said.
 
 
 
Sunday , 07 April 2013

The LLRC And Devolution: Jehan, Paikiasothy And Politics Of Skipping The caveats

By Malinda Seneviratne -April 7, 2013 
Malinda Seneviratne
Colombo TelegraphWhen the Government proposed setting up a Lessons Learnt and Reconciliation Commission (LLRC), there were howls of protests from the likes of Jehan Perera and Paikiasothy Saravanamuttu.  Many of these I/NGO operators didn’t even appear before the LLRC perhaps fearing that the commissioners would ask them to submit in full their various comments to the media, in the form of statement or political commentary.  When the LLRC finally came out with a ‘Report’, they changed their tune.  They said ‘Implement the LLRC Recommendation!’
They forgot, conveniently, that the LLRC had exceeded its mandate.  That’s ok.  A lot of people, after all, are happy to ‘exceed’.  More importantly, they appear to be blissfully unaware of two things. Firstly, that the LLRC was a far cry from a body enacted to draft a constitution. Secondly, some of the recommendations require constitutional amendment and even referenda.  A third ‘forget’ can be added: the Government is not bound (as per the mandate-limitation) to implement all of the recommendations.  There’s can-do and cannot-do in all this. There is, moreover, ‘done’, ‘doing’ and ‘forget it’ too.  There is wanted-speed and doable speed.
What has excited these ladies and gentlemen, and of course some members of the Opposition, is the inclusion of the word ‘devolution’.  True, it’s not ‘federalism’, that F-word dominating what passed for ‘political discourse’ when the reins of power were held by patently anti-Sinhalaanti-Buddhist and indeed pro-LTTEpro-Eelam elements, but then again, in an LTTE-les Sri Lanka of ‘reduced circumstances’, if ‘straw’ was sought, ‘devolution’ was good enough a cling-on.
What is most interesting is the fact that true to form, they have taken the LLRC recommendation on devolution totally out of context and have never once referred to the relevant caveats.  They would do well to read the points elaborated in Section 9.231 of the LLRC Report, which reads, ‘Devolution should necessarily be people-centric in nature’ and is followed by 4 key caveats.
Let’s take these one by one.  Caveat A imposes the condition of ‘harmony’.  Now if devolution uses the current provincial boundaries (randomly drawn, let us not forget), which constitute the basis for the (diminished) Eelamist demarcation, if the majority of Tamils people live outside the North and East (for example), how on earth can devolution along these chauvinist lines powered by myth-models and exaggeration inspire anything but suspicion and anxiety among the Sinhalese?  They would consider such devolution as ‘Threat to Existence’!  There won’t be harmony. ‘Oneness’ would be wrecked.
Caveat B speaks of empowerment.  This is good. It calls for much better governance and greater affirmation of citizenship-meaning.  One does not need ‘devolution’ for this and if any community feels disadvantaged then all that needs to be remembered is that the felt ‘discrimination’ will continue to prevail in the other seven provinces (where the majority of Tamils live).  Devolution does not combat discrimination; better laws might.
Caveat C is about human rights.  The upholding or subverting of human rights has nothing to do with the structure of the state (for example, whether it is a federal, unitary or other arrangement).  So Caveat C, like Caveat B, is an add-on that is not devolution-specific.
Finally, Caveat D.  It is about ‘building on what we have’, i.e. the local government institutions.  It is about greater and meaningful participation.  Such ‘democracy,’ again does not require devolution as per the 13th Amendment, 13 Plus posturing etc., but about scripting in checks and balances into the relevant articles of the constitution.  Caveat D also unequivocally salutes the need to ‘provide for safeguarding the territorial integrity and unity of Sri Lanka whilst fostering its rich diversity’. The devolution debate has gone too far with taking as ‘fact’ and ‘legitimate’ the extrapolations of Tamil chauvinism for any power-devolution to established provincial lines not be seen as a threat to territorial integrity and unity.
Take all these caveats and power devolution to existing lines can be safely ruled out as ‘not in line with LLRC recommendations’.  The only devolution that abides by these caveats, then, is a formulation that trashes current provincial boundaries and re-draws geographical units in more scientific (e.g. based on river-basins) ways with close attention to ensuring that no community, large or small, feels threatened.
Given all this, one thing is clear: those who have been waving the LLRC Report have just seen one word, devolution.  That, or else, they are intellectually dishonest.  Take your pick!
*Malinda Seneviratne is the Chief Editor of ‘The Nation’ and his articles can be found at www.malindawords.blogspot.com

A Cowardly Attack On A Heroic Newspaper


 Sunday, April 07, 2013

The Sunday LeaderThe attack on the Uthayan newspaper’s regional office at Kilinochchi at dawn on Wednesday will not only be a matter of grave concern for that gutsy newspaper which has been in circulation through 25 years of the 30-year-old horrendous war but is also ominous to peace and stability of the Northern Province on which the Sri Lankan and international political focus is on right now.
The attack on this regional office by a masked gang is quite likely to have political objectives because Uthayan is the sole newspaper to be published from Jaffna and has much influence among the Northern Province population who has little access to their own regional news even though news from the rest of the island and international news may be accessible. The attempt to disrupt the distribution of this paper, in which two officers were seriously injured to be warded in the Intensive Care Unit of the Kilinochchi District Hospital, is also likely to be linked to the election to the Northern Provincial Council (NPC) that is expected to be held soon.
It is somewhat of a paradox that there is no Northern Provincial Council in existence today even though the raison d’étre for the creation of provincial councils stemmed from the demand for devolution of administrative powers to the north through provincial councils. The creation of provincial councils, which involved Indian intervention but which LTTE leader Velupillai Prabhakaran rejected because he wanted only Eelam, is now a part of history which is too well known to be recalled here.
Provincial Councils have come into existence in every province other than the North, but they have turned out to be white elephants. But it need not be so in the Northern Province which could be of real service to the people who have been estranged from government administrations.
The obvious importance of the Uthayan – the sole Tamil newspaper in circulation in the North – is that it would be vital in directing public opinion on this issue of the Northern Province Election. We are not aware of the politics of the Uthayan in the small but complicated web of Northern Province politics but it could be that some do not want Uthayan’s opinion spelled out to their public.
This goes against the Voltairean concept of democracy: I do not agree with what you say but I will give my life to safeguard your right to say it. The essence of democracy in the world today is the right of expression of dissenting views.
Northern Province politics is also complicated with the involvement of the UPFA partner, Minister and leader of the EPDP, Douglas Devananda. Devananda has already announced that he would be contesting the NPC election on the UPFA ticket. Devananda’s popularity however is much in doubt because he has cooperated with the military in ruling the Jaffna Peninsula with successive Colombo governments. There is also said to be much bad blood between the EPDP and the Uthayan paper.
The NPC election has also been complicated by the anti Sri Lanka fermentation and demonstrations now on in Tamil Nadu where the demand from the Indian Central Government is to create an Eelam in Sri Lanka.
Defence Secretary Gotabaya Rajapaksa has questioned the security aspects of having a Northern Provincial Council with the embroiled situation in Tamil Nadu. This complicated the issue of a Northern Provincial Council election even further.
The Uthayan paper has been performing an unenviable task of trying to maintain a political line of its own within the quagmire of Tamil political parties in the North, the large presence still of military and police personnel. The military has been consistently accused of overstepping the mark and being involved in politics but has vehemently denied such allegations and stressed that civilians issues are being investigated by the police.
The Uthayan’s proud record in its 28-year existence gives hope that it can stand up to the worst of situations a newspaper can be confronted with. According to the Wikipedia, after it came into existence in 1985, two of the other newspapers that were being published were taken over by the LTTE. It did not cease publication during the civil war when it came under attack of the ‘para military’ and other forces.
In 1995 when the army launched a military offensive to capture the entire Jaffna peninsula, the entire population of the Valikamam region fled to other parts of the peninsula and the Wanni. The paper’s staff fled the Jaffna office taking with them the printing machine, a generator and news print in a truck and set up a temporary office in Tenamarachi where it continued publishing till 1996.The paper returned to Jaffna only after the army recaptured most of the peninsula.
Uthayan was shut down in 1996 under emergency regulations with telephone lines cut off and the office locked up but opened 45 days later when the ban on publication was lifted.
It has had a torrid, bloody but heroic history with its office being shelled by artillery, office workers being gunned down when armed men burst into its office, grenades hurled and being hit by aircraft fire and even its editor being arrested without a warrant while attending a funeral at Mt. Lavinia! Yet undaunted Uthayan still carries on.
Six cowardly masked men who attacked them on Wednesday morning, though they grievously wounded two officers, cannot break the spirit of the Uthayan.
More strength to your elbow colleagues! We from an institution that has suffered bloody murder, The Sunday Leader, wish you.

Major initiative to kiss and make up with Uncle Sam

    The Sundaytimes Sri Lanka
  • Sunday, April 07, 2013
  • Central Bank and Sri Lanka’s embassy in Washington hire expensive PR firms to turn foe into friend; EAM left out of DPL process
  • Moves to improve ties with India also, but New Delhi insists on 13th Amendment and LLRC recommendations
By Our Political Editor
It was just this week that top government officials scoffed at suggestions that Sri Lanka too play a role in the US pivot, a new foreign policy initiative by President Barack Obama towards East Asia.
The suggestion to include Sri Lanka in that endeavour came in an article Jaliya Wickremesuriya, Ambassador to the US, wrote to a US Congressional website and was quoted in this column last week. He called for closer economic and defence ties with the US — a move aimed at checkmating the emergence of China as the dominant power in the region. Embarrassed External Affairs Ministry officials took great pains this week to explain to Chinese diplomats that Wickremesuriya’s much publicised views did not constitute official policy of the Government of Sri Lanka. Significant enough, similar explanations were also offered to Indian diplomats and visiting Pakistan Foreign Secretary Jalil Abbas Jilani.
Yet, other far-reaching measures to enhance closer ties with the US have been under way in recent weeks. Despite the public anti-US rhetoric orchestrated by the Government, these behind-the-scenes moves at rapprochement had gone on at the same time as the US was moving a second resolution at the UN Human Rights Council sessions in Geneva. From March 16 this year, the Monetary Board of the Central Bank of Sri Lanka has contracted the US-based Thomson Advisory Group LLC (TAG) to create:
1. A political environment in the United States of America (USA) that is more than conducive to enhancing Sri Lanka’s long-term political and economic aspirations;
2. A comprehensive information platform where decision makers in the USA receive clear and accurate information about Sri Lanka’s current achievements and future plans; and
3. A higher volume of private sector investment in Sri Lanka from the USA.
The cost for the Sri Lankan tax payer, as a result of this new arrangement, is US$ 66,000 (or around Rs. 8,337,000) every month. An advance payment has already been made for March this year. In terms of the agreement already signed by Central Bank Deputy Governor B.D.W.A. Silva and Robert J. Thompson, Chairman of the Thompson Advisory Group (TAG), LLC, monthly payments will continue until March 2014. The TAG is a President-Ronald-Reagan-era company largely operated only by Thompson and his associate, Abbey Stewart. She is an Attorney who functions as Senior Policy Advisor. In 1983, Thompson was Special Assistant to President Reagan. His official designation was then described as Deputy Director for Legislative Affairs at the White House.
The TAG’s website describes the company as “an advisory and strategy firm enabling governments and the private sector to solve global strategic problems.” It adds: “Our mission is to solve critical client issues resulting in a positive economic impact. The Thompson Advisory Group helps organizations create profitable and innovative solutions that solve their customers’ most difficult challenges. Our results driven professionals serve clients in a variety of fields, including Defence, Energy, Health Care, Homeland Security and Information Technology.”
The agreement between the Central Bank of Sri Lanka (CBSL) and Thompson Advisory Group, a copy of which is in the possession of the Sunday Times, raises a critical question — whether the Sri Lanka embassy in Washington DC has become obsolete. All the more because the embassy statements have time and again claimed it achieved what are now the objectives of the Central Bank, the main one being enhanced investment. It is now clear that these claims are nothing but misleading press-release diplomacy. If that is bad enough, there is something still worse. The Sri Lanka embassy in Washington has now contracted another lobbying firm, The Majority Group. This is to replace Patton Boggs which performed (or under-performed) a multitude of tasks previously.
The agreement by CBSL with TAG, as US law requires, has been registered on March 25 this year in terms of Foreign Agents Registration Act under the Department of Justice. The deal first became public in the United States after the widely read website Politico reported on it. It said: “The Central Bank of Sri Lanka – an independent arm of the government – has inked a deal with Thompson Advisory Group on a PR and government affairs contract. Thompson will distribute information and arrange meetings on behalf of Sri Lanka’s bank, in order to better communicate the economic successes that the government has had since the Civil War. The Central Bank wants US policy makers and business leaders to know ‘that there are growing opportunities in Sri Lanka for additional direct US investment and business’.”
In a separate story on Friday, Politico also spoke of the deal for the Government put through by the Sri Lanka Embassy in Washington. It said: “The Sri Lankan government has inked a lobbying and government affairs contract with the Majority Group. Previously, the country had been represented by Patton Boggs. Patton terminated its representation of Sri Lanka in early February, according to Department of Justice records. Majority Group’s partner and co-founder Rob Ellsworth confirmed the news to PI. We’re excited to work with Sri Lanka on a number of issues important to both of our countries. As a small boutique firm, we are able to give constant and individualized attention to our clients; I know that was very important to Sri Lanka,” Ellsworth said. The Majority Group was formed by Ellsworth and former Rep. Walt Minnick (D-Idaho)�..”
A form filed by TAG in accordance with the US Foreign Agents Registration Act contains answers to questions. One such question requires firms registering to describe “all such political activities indicating, among other things, the relations, interests or policies to be influenced together with the means to be employed to achieve this purpose.” The answer given by TAG states: “Political activities will involve the dissemination of fact sheets, white papers, and op-eds, meetings, e-mails and phone calls. The purpose is to develop and expand areas of mutual co-operation among commercial interests and the Sri Lankan and US governments. The policies include trade, foreign investment, economic growth, national security, post-war recovery and humanitarian assistance and progress.” Significant enough the lobbying firm has been tasked by the CBSL to handle even “national security” issues, a subject which is officially not within its purview.
The CBSL, according to the agreement, “wishes the following key messages to be communicated to key stakeholders in the USA as a means of realising” its objectives.
Those set out are:
  • That Sri Lanka has suffered a long and brutal war.
  • That the current International media focus on Sri Lanka is unbalanced, which the Monetary Board considers as being unfair, unwarranted, and overshadows the impressive post-war socio-economic achievements of Sri Lanka and also could undermine the long-term US political geo-strategic and economic interests;
  • That Sri Lanka has made an earnest and genuine effort to improve the living standards of people in the conflict-affected areas in the process of post-conflict rebuilding and reconciliation;
  • That the process of post-conflict rebuilding and reconciliation is a long-term process and cannot be imposed from the outside and that therefore, Sri Lanka needs reasonable time and space to undertake this task;
  • That there are growing opportunities in Sri Lanka for additional direct US investment and business, and also as a gateway to the fast-growing South Asian region; and
  • And that it is necessary to have a re-calibration of US policy, based on a wider and fairer information base, leading to a multi-dimensional and more balanced engagement with Sri Lanka.
Whilst the UN Human Rights Council was in session in Geneva voting on a US sponsored anti-Sri Lanka resolution, a TAG delegation was in Colombo on what was officially described as a “fact finding mission.” Their discussions were with members of the Monetary Board of Sri Lanka and Central Bank Governor Ajith Nivard Cabraal. The External Affairs Ministry had little or no role. This raises the question whether any other government agency, like, for example, the Export Promotion Board, could hire its own lobbying firm in the US to not only pursue its own ideals but also to aim at changing US government policy?
What then is the role of the Sri Lanka diplomatic missions? Does not the decision to by-pass the EAM and hire a lobbying firm acknowledge the fact that the EAM is not performing or unable to perform? It was only last week; the son of a Sri Lankan academic living in the US was named as one more Counsellor in the Embassy in Washington. The responsibilities handed over to TAG for a fee of more than Rs. 8 million a month are ones required of a Sri Lanka diplomatic mission overseas. Here are the tasks in the first quarter listed in the agreement:
  • Prepare and provide educational facts, figures and analysis relating to Sri Lanka to be submitted to the United States Government (USG) audiences – (Congressional and Executive Branches, think tanks, academia and Media);
  • Plan and execute immediately, an on-going engagement with US Congress, US Government Departments, and United Nations(UN);
  • Engage with influential media;
  • Brief US-based investors on current US investment and additional investment and trade opportunities in Sri Lanka;
  • Prepare suitably worded educational and promotional articles for US audiences, which would be factual representations based on the past 30 years and the remarkable post-conflict progress in Sri Lanka;
  • Arrange a comprehensive programme in April 2013 for a Central Bank of Sri Lanka (CBSL) visit to Washington DC.
  • Arrange awareness and educational visits to Sri Lanka for senior US government and private sector officials as set out in detail in the key deliverable clauses in the contract; and
  • Reach out to opinion leaders in think tanks and academia in the USA and engage with the broader Sri Lankan Diaspora by organising interactions and meetings as appropriate.
Without exception, the tasks are all functions that were in the past carried out by the Sri Lanka Embassy in Washington through the Ministry of External Affairs. Now, even making arrangements for CBSL officials visiting Washington DC will be the responsibility of the TAG, a lobbying firm. Does that mean the Sri Lanka Embassy in Washington is incapable of even formulating a programme for CBSL officials? An EAM career officer, a rare breed now, said, “Our missions are packed with mostly unqualified political appointees.”
Oppostion and UNP leader Ranil Wickremesinghe visited New Delhi for talks with Indian leaders at a time when ties between the two coutries are severely strained. He is seen visiting a book store in New Delhi during a break from his heavy schedule of meetings.
Speaking on grounds of anonymity for obvious reasons, he said, “Because of this sorry state of affairs, we are forced to seek outside help. Thus, we end up paying for sustaining sometimes overstaffed missions whilst paying an equal or much higher amount for other parties to carry out the same work.” The officer pointed out one instance where “the wife of a Grama Sevaka has been posted as Personal Secretary to an envoy. She neither knew English nor the language of the country where she was posted. As a result, the Ambassador functions as his own Secretary whilst the pay goes to the political appointee. Military officers have been rewarded with diplomatic appointments. Rewards for loyalty is one thing, diplomacy another.”
Earlier, the Sri Lanka Embassy in Washington paid varying amounts to Patton Boggs, a public relations firm. It had no clout in the so-called ‘beltway politics’ of Washington DC and no influence in either the Congress or the White House. Now, The Majority Group has been retained in its place. Thus, it would be clear that there will be two different lobbying companies that will carry out work for the embassy in Washington and the CBSL in Colombo.
On July 8 last year, the Sunday Times (Political Commentary) raised issue over the conduct of Sri Lanka’s diplomacy in the United States. This was after three public relations cum lobbying firms publicly acknowledged they received government funds, channeled through the embassy for work which is normally the task of the diplomatic mission. One is Hedges Strategies, a US-based lobbying firm. In 2010, this firm was paid US$ 10,916.44 (Rs. 1.3 million). The work covered “briefing notes for the ambassador’s meetings, Vesak celebrations, Thai Pongal celebrations, Ambassador’s speech for a dinner celebrating the first ever visit to the US by the Sri Lankan national cricket team, Ambassador’s remarks for an Asian arts celebrations at the Kennedy Centre and George Mason University, Ambassador’s remarks for a discussion at the US Department of State’s Foreign Services Initiative, Ambassador’s remarks for Sri Lankan Sinhala-Tamil New Year, World Bank Sri Lanka Food Festival and strengthen Sri Lanka’s diplomatic and trade relationships with the United States.”
Patton Boggs was paid US$ 420,000 (Rs. 52 million) in 2010. This was only for canvassing two US Senators on human rights issues, to discuss bilateral relations with US Senators Patrick Leahy, John Kerry, Richard Lugar, Heath Shuler and Bill Casey. It was also to brief Senators Russel Feingold and Jim Moran on the recommendations of the LLRC. The firm Cranford Johnson Robinson Woods was paid US$ 135,000 (Rs. 17 million) for “fees and expenses in relation to agency.” The largest payment was made to Qorvis Communications. In 2010, the firm was paid US$ 253,377.92 (Rs. 31.8 million) for the most number of assignments. Here again, these were tasks which a Sri Lanka diplomatic mission overseas has to undertake on its own. Qorvis, a subsidiary of Bell Pottinger group was also given tasks. It was this group’s London office that claimed it wrote President Mahinda Rajapaksa’s 2009 speech to the UN General Assembly.
Britain’s ‘Independent’ newspaper said that senior executives at the PR firm Bell Pottinger told undercover reporters that the speech prepared by them for Rajapaksa was given preference to the one prepared by the Sri Lankan foreign ministry. The firm confirmed it received payment.
Other than carrying out the tasks listed above, TAG has been assigned to execute before June 1 this year, some important responsibilities. They include:
  • Meet and brief a significant number of US Senators, Members of the House of Representatives, and their staff and start the education and awareness process;
  • Develop and submit a comprehensive media plan;
  • Arrange a two-day programme in Washington DC for the Governor of the CBSL and other key officials from Sri Lanka for interactions with key Senators and representatives of the Government and Opposition of the USA in April 2013; and
  • Make best efforts, as appropriate, to arrange for positive letters on Sri Lanka to be sent to key Senators and Congressmen to the President, Secretaries of State, Defence, Trade, Commerce etc. of the USA emphasising the fact that the USG’s current focus does not appear symmetrical on impressive post-war socio-economic achievements, while also potentially undermining long-term US geo-strategic and economic interests.
Similarly, different tasks have been assigned for the second, third and fourth quarters of the year. They are essentially an extension of the tasks given to them. A study of vesting these responsibilities in the hands of a US lobby firm also makes clear another factor. The Central Bank of Sri Lanka has, instead of the Ministry of External Affairs, taken over the initiative of promoting the conduct of foreign relations.
This is, among other matters, by asking a lobbying firm to arrange for letters by Senators and Congressmen to the US President. Not surprising since the EAM has long lost its capability to conduct Sri Lanka’s foreign policy or ensure professionalism in its ranks except in very small measure. Ironically, the sorry state of affairs has been allowed to deteriorate. The Sunday Times has learnt that the US lobbying firm was recommended to Sri Lankan officials by an expatriate Lankan who is operating a limousine service in Maryland, Washington DC. Among his clients is said to be the head of TAG. Diplomatic circles in the US capital say his commission as a result of the deal was US$ 7,000 (Rs. 879,000) monthly but this could not be officially confirmed.
Last week, the Sunday Times revealed how Sri Lanka showcased the availability of offshore blocks for oil and gas exploration in the Cauvery and Mannar basins in the US last month. It was at the CERA Week, the global energy industry’s premier event in Houston, Texas. In Colombo this week are the CEO and four high ranking officials of a company listed as one among Fortune 500 and number one in hotel category – Marriot Hotels. Its Chairman Arne Sorenson will call on President Mahinda Rajapaksa today. Other members are Simon Cooper, President and Managing Director, Asia Pacific, Marriott International (M.I.), Don Cleary, COO, AsPac, M.I., Navjit Ahluwalia, Senior, VP, Hotel Development, India and Indian Subcontinent, M.I., and Kiran Andicot, VP, Hotel Development, India and Indian Subcontinent, M.I. Though their main mission is to inspect their hotel project at Weligama with Sri Lankan marine engineer turned real estate entrepreneur Nahil Wijesuriya, the team is also to tour the south, east and central parts of the country.
These were not the only factors that highlighted the UPFA Government’s current initiative to once again revive good relations with the United States. A similar move with India was reported in these columns last week. It is being pursued by the Government. Adding more significance to the initiative towards the United States was what transpired at last Thursday’s weekly cabinet meeting. Presidential Secretary Lalith Weeratunga gave a detailed briefing to ministers on how a Presidential Task Force which he heads was enforcing the National Plan of Action to implement the recommendations of the Lessons Learnt and Reconciliation Commission (LLRC). Ministers were given copies of a document which listed out the provisions that have already been enforced and the status of what is being done in respect of others. One such pending issue listed in the document was the introduction of legislation, based on recommendations of the LLRC, to introduce new laws against sedition.
When Opposition UNP Leader Ranil Wickremsinghe visited India last week, the common position taken by the Congress government (Salman Kurshid), BJP opposition (Sushmita Swaraj) and President Pranab Mukherjee was why the Sri Lanka Government was not implementing its domestic fact-finding report of the Lessons Learnt and Reconciliation Commission (LLRC). They had said that India was not for Eelam nor did they in New Delhi subscribe to the Tamil Nadu politics against Sri Lanka, but asked why the Sri Lankan Government was not doing enough for the dignity of the Sri Lankan Tamils, based on devolution as envisaged by the 13th Amendment and good governance issues through the LLRC recommendations.
They had wanted undertakings given by the Rajapaksa government to India implemented and feared that there could be resurgence of the demand for Eelam if these undertakings were not put in place.
In terms of the US resolution adopted by the Human Rights Council last month, the High Commissioner for Human Rights is required to make an oral report at its 24th sessions in September this year. Thereafter, a “comprehensive report followed by a discussion at the 25th sessions (in March 2014) on the implementation of the present resolution,” is to follow.
The US has already cautioned that it had options both at the UNHRC and outside it to act against Sri Lanka if provisions of the resolution were not implemented.
These developments on the international front come at a time when a ministerial team headed by former Prime Minister, Ratnasiri Wickremenayake is finalising its report on the issues that were causing religious tensions. President Rajapaksa appointed the Committee after he had meetings in February with the Bodu Bala Sena (BBS) and Muslim theologians, as revealed in these columns on February 17.
Last Monday, Muslim cabinet ministers Rauff Hakeem, A.H.M. Fowzie and Rishard Bathiuddin locked horns with a member of the ministerial team, Jathika Hela Urumaya’s Minister Champika Ranawaka. The issue was over the draft report of the subcommittee apportioning blame on the All Ceylon Jamiathul Ulema (ACJU) for the controversy over ‘Halal’ certification. This certification, for a fee earlier, confirmed that meat products or other items were in accordance with Islamic practices. The draft had said that the ACJU engaged in an illegal act and wants to recommend that the task of issuing such certification be brought under the Department of Muslim Religious and Cultural Affairs. Controversy over the reference to “illegal act” remains whilst there is agreement on the move to vest the task in the Department.
The Muslim ministers had sought the deletion of the reference blaming the ACJU. Minister Ranawaka has pointed out that the reference has been included to place matters in context. Ranawaka was supported by Minister Dinesh Gunawardena. He also insisted that the references in the draft report remains. A heated exchange ensued. It was pointed out that the Consumer Affairs Authority had earlier issued a notification that the issue of Halal certification could be carried out only by the ACJU. However, it had been rescinded in a Gazette notification issued in 2007. A Muslim minister argued that the rescinding did not make it illegal for ACJU to issue Halal certification but also allowed other Muslim bodies to do so.
Only the exclusivity had been withdrawn, he contended. The Minister was also to point out that ACJU was continuing the practice at the request of the Ministry of Defence until other arrangements were worked out. Consequently a number of companies, including export houses, were obtaining their certificates. Most of them were doing so until the ‘Halal’ labels they had printed were exhausted. Minister Wickremenayake said he would find a way of re-wording that part and have another meeting of the committee to finalise matters ahead of formulating the final report.
Despite all the anti-US rhetoric and demonstrations outside the US embassy by known pro-UPFA Government groups, there is little doubt now that their leadership wants to build bridges. A one-time US diplomat in Colombo said somewhat pithily, “they want to kiss and make up with Uncle Sam. They are welcome but they should clear the table first.” The allusion was to US demands in the second resolution passed in Geneva and the need to implement them.
It is abundantly clear from the way two different lobbying firms have been hired by two different arms of the Government (the Central Bank hardly qualifies for ‘independent’ status nowadays) that the Sri Lanka Embassy in Washington DC or the Ministry of External Affairs in Colombo is able to carry out its responsibilities on its own. They need help, and need it very badly. For their inefficiency, the tax payer, both direct and indirect, is forced to meet costs for a new form of “pay now and see later diplomacy” from the shelves of lobbying firms. This is at a time when the people have to meet higher costs of living and are bracing themselves for an electricity tariff hike.
On the domestic front, the report of the Ratnasiri Wickremenayake Cabinet Sub Committee is being awaited for legislative or administrative action. That is to reduce tension between small Buddhist groups — backed by some members of the clergy — and the Muslim community. All in all, the National New Year notwithstanding, for the UPFA Government the coming weeks will mean more and more crisis management. That is besides a costly campaign to win over foes and make friends again, damning proof that it is an exercise caused by the poor conduct of diplomacy all this while.

We Have No ‘Sovereignty’ Despite Boastful Talk

By Kishali Pinto-Jayawardena -April 6, 2013
Kishali Pinto-Jayawardena
Colombo TelegraphIt is exquisitely humorous that state media propagandists still believe that legitimate criticism leveled at the government may be suppressed through vicious barbs aimed at dissidents accusing them of supporting the defeated Liberation Tigers of Tamil Eelam (LTTE). They must realize in no uncertain terms that these allegations only expose the mala fides of their originators who, lacking the basic capacity to engage in reasoned debate, can only take refuge in scandal and calumny.
Leveling malicious accusations
After all, we live in a country where appellate court justices who advised that the arbitrary impeachment of the 43rd Chief Justice should not go ahead and religious leaders of all faiths who vainly appealed to the President to step back from the yawning precipice were all subjected to these same asinine ramblings.
Certainly there is a counter-productive warning to such overkill, similar to that best loved tale about the boy who shouted ‘wolf, wolf’ for fun and then was devouvered by a wolf with his cries for help going unanswered.
Regardless, it is scarcely any surprise that former Supreme Court judge C.V. Wigneswaran has been the latest to be accused, (through media reports appropriately enough on 1st April 2013), of undermining the ‘sovereignty of the people’, challenging the ‘supremacy of Parliament’ and worse, following a typically forthright address delivered at the 39th Annual Convocation of the Bar Association last Saturday.
Where is Sri Lanka now?
Going further and in the context of the 44th Chief Justice not being invited to attend as Chief Guest in a bold defying of convention, these same accusers have asked as to where the Bar Association is now, when it appears to have cut its bonding with the Executive President (was the BASL ever supposed to have ‘bonding’ with the Office of the President by the way?) the judiciary, the Department of the Attorney General, the law enforcement authorities and what has been amorphously if not puzzlingly termed as ‘legal departments.’
Yet given that we have manifestly lost all respect for the Rule of Law with Parliament initiating a precedent of disregarding judgments of the Supreme Court, the Attorney General continuing to withdraw politically sensitive cases and a Chief Justice now out of favour being blatantly victimized, the better question may indeed be as to where is Sri Lanka now?
‘Sovereignty’ only at the favour of the ‘sovereign’
Do those who wave the flag of ‘peoples’ sovereignty’ with chest beating fervor realize what this term actually means in the context of the Rule of Law which underpins even as flawed a constitutional document as the 1978 Constitution? Peoples’ sovereignty is not a political maxim to be used by a dictatorial President for his own convenience.
On the contrary and simply put, it means at the lowest common denominator that a Chief Justice or a common criminal must be given due process of law and all rights to a fair trial before being dealt with according to law. It is from this basic point that the ‘sovereignty’ of all of us, as the collectivity of ‘the people’ originate. The 43rd Chief Justice of Sri Lanka was not afforded that common courtesy. Our ‘sovereignty’ therefore does not depend on the Constitution but what our ‘sovereign’ thinks fit to grant in his profound magnanimity or manifest lack thereof. Should one belabor the point further?
Further, do these propagandists realize precisely how outdated that other favourite notion of ‘supremacy of Parliament’ is? Perhaps it is time that they went back to their law classes and re-learn the subject of constitutional law, assuming again that they have the capacity to understand basic legal concepts.
Public respect for compromised institutions
But a larger issue for discussion concerns the public legitimacy of institutions, (be they judicial, prosecutorial or investigative), when they have lost independence and become mere appendages to the executive. Justice Wigneswaran himself summed it best when he warned tersely that ‘law and its sanction is based today on force rather than consensus; forced legitimacy rather than consensual legitimacy.’
Indeed, the term ‘forced legitimacy’ itself is an evident conundrum. Can anything that is forced actually have legitimacy? And the primary question may well concern the manner in which the legal community or the public can be called upon to extend respect or continue ties with compromised institutions operating on the basis of force?
In extended reflection on this point, it must also be said that for too long in Sri Lanka, questions of justice have been seen to be the exclusive province of the legal community. This is in contrast to other neighbouring jurisdictions where the people learnt in truth that the law is too important to be left to judges and lawyers as much as, as has been famously said, war is too important a matter to left to the generals.
So despite tremendous problems existing in the delivery of justice, no Parliament in any of our neighbouring countries would be so bold as to deliberately ignore a judgment of the highest court and press ahead with the impeachment of a Chief Justice. We stand unpleasantly alone in that regard. Yet do we even have the foresight to realise the immensity of what we have lost? In a few years time, even the institutional memory of what was once meant by independent systems of justice will be reduced to nothingness.
Excellent sentiments of caution
Meanwhile, the core of Justice Wigneswaran’s address at last Saturday’s BASL Convocation interestingly intertwines threats to the judiciary and to religious freedoms in one potent caution of a future all consuming conflagration. Hence, his observation that ‘the attack on religious freedoms radicalises the polity and unleashes dangers that cannot be controlled even by those who foster them; the attack on the temple of justice removes the only rational and non-partisan check on government and individual excesses; the combination of the two at present is both a time-bomb waiting to go off ’
Only politically fevered minds can possibly see any affront in these sentiments. They focus rightly on the government’s role in curbing religious extremism and call upon the Bar and the public to ensure that justice institutions respond effectively.
Certainly, it is time and more that similar calls were made by those of us who have the country’s best interests at heart.