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

Monday, August 27, 2018

Pandara Vanniyan remembered in Mullaitivu

The 215th anniversary of Pandara Vanniyan's victory was remembered on Friday in Mullaitivu. 

Home27Aug 2018

Local residents, Northern Provincial Council member T Ravikaran, and Karaithuraipettu Divisional Council (Pradesiya Sabai) members laid a garland at the Pandara Vanniyan memorial. 
Pandara vanniyan was a Tamil king who ruled the Vanni region in the 18th century. 
Known as the 'Last King of Vanni', he died fighting colonial rule by the Dutch and British. 
The statue of him was damaged by Sri Lankan army soldiers in 2010. 

Make use of bid to postpone provincial elections


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By Jehan Perera-

The further postponement of provincial council elections will be necessary now that the report of the Delimitation Commission has been rejected in parliament. The majority in parliament rejected the report with all 139 of those present voting against it while 86 MPs including those of the JVP, who supported the report being absent at the time of voting. The fact that no party voted in favour of the Delimitation report is an indication that all parties are wary of elections. Different political parties gave different reasons for their rejections. The ethnic minority parties felt that the proportional representation system which had previously existed offered them a better outcome in terms of the numbers of members they could get elected. The bigger parties objected to the 50:50 proportion between those elected on a first-past-the-post basis at the constituency level and those elected through the party lists as it contributed toward unstable outcomes.

In the debate in parliament, the JVP leader Anura Kumara Dissanayake stressed the importance of approving the report saying the Elections Commission could have called for the much postponed provincial council elections the following day if the report was approved. Joint opposition parliamentary group leader Dinesh Gunawardene said it would be possible to hold the provincial elections under the proportional representation system if the delimitation commission was rejected but abstained from the vote. A key problem with the mixed system that the Delimitations Commission endorsed is that it is not conducive to stable majorities being formed. The first-past-the-post system enables locally popular persons to be elected who are not tied to the major parties. This enables them to function more independently and to switch sides as and when they want, leading to unstable administration.

The problem of forming administrations with a stable majority came to the fore at the local government election held earlier in February this year which yielded outcomes that required a considerable amount of time and horse-trading to settle down and enable an administration with a majority to be formed. Notwithstanding these demerits, President Maithripala Sirisena was a supporter of the new mixed system and commissioned the report that has now been shot down. The president appears to be conscious of the responsibility upon him to change the electoral system from being one of a proportional system with preference voting that leads to both inter-party and intra-party competition for votes and preferences respectively. But on this issue of electoral reform it appears that he has been left isolated.

PARTISAN POLITICS

It appears that at the present time narrow considerations of party politics has taken the upper hand, with everything being done with a partisan political motivation in mind. The vote against the Delimitation Commission’s report is an example. The commissioners were appointed after their selection by the Constitutional Council set up by the 19th Amendment to the constitution and consisted of persons who were qualified for their tasks. If there had been areas in their report that needed to be changed, this could have been done without rejecting the entire report and opening the door to having to start again from the beginning. It is especially ironic that the government parties should have not voted in favour of the report of a committee that the president had appointed on the recommendation of the constitutional council. The tension between the president and the rest of the government is indicated by this outcome.

On the other hand, even though the president has been unable to have his will prevail on the issue of electoral reform, he has been able to exert his presidential authority on other issues, but this has been to undermine other plans of the government. An example would be his recent objection to the proposal that government MPs who are responsible for rural development work that the Prime Minister is spearheading should be paid an extra allowance. The government stance with regard to the strike action that has been taken by railway union workers and which they threaten to relaunch is also weakened by the different positions taken by President Sirisena who had negotiated directly with the strikers and reached an agreement with them and the government which has taken the position that the railway demands cannot be dealt with on an ad hoc basis but as part of the general restructuring of government sector salaries.

At the present time Sri Lanka is in a period of uncertainty in which the way forward is difficult to see. There appears to be no team work on the part of the government to secure the future. The opposition too is fragmented and looking for a focus for unity. This may explain the bid to revive the aspirations of former president Mahinda Rajapaksa to become a third term president despite the 19th Amendment that precludes those who have been twice elected to the post of president from contesting again. At a recent discussion with community leaders from nine districts there were two important points that were made. The first was the complaint that they did not know, nor did their compatriots know, what was happening in the country. A key example would be the constitutional reform process which has been ongoing for over two years, but with limited transparency, only to be periodically exposed in a controversial manner.

HOLISTIC CAMPAIGN

In the context of the rejection of the Delimitation Commission report it is likely that the country will continue to have a respite from elections for another year. The political parties need to use this period to identify their candidates for the different elections that are to come, especially the presidential and general elections. They also need to create greater awareness amongst the general population about the issues in economic development, reconciliation and governance and how they plan to overcome the challenges in each of these spheres in the national interest. The opposition has been particularly weak in this regard. They focus on criticizing the government for what it is doing and not doing, and promise to topple it from power without further delay. But apart from this negative campaigning they do not spell out their own responses to the challenges they accuse the government of failing to meet. If they wish to build on their previous success at the local government elections at the forthcoming national elections, they need to come up with a programme for positive campaigning.

In recent months the government has been making an effort to communicate its political reform and economic development projects to the general population. An example would be the Ahanna campaign that is being led by the Secretariat for Coordinating Reconciliation Mechanisms which operates under the office of the prime minister. The Ahanna campaign is supported at the local level by the police and government departments. As the exercise gathers strength it is also receiving support from civil society. It explains what the government is doing in terms of national reconciliation, including the setting up of new institutions such as the Office of Missing Persons. However, it also needs to be supported at the macro political level by government leaders who publicly explain the need for continuing to give priority to national reconciliation and constitutional reform as being two sides of the same coin. There is a need to reassure the general population that the fears articulated by ethnic nationalists such as the division of the country will not come to pass.

The second point made by the community leaders in their discussion was that the benefits of the large scale economic programmes that are being launched by the government are failing to reach the majority of people at the bottom of the economic hierarchy. The government is doing considerable advertisement of these programmes especially through the state media. But such media campaigns by themselves are not enough. If those at the bottom levels of society are to benefit, there is a need for decisions made at the top to be cascaded down through mentoring programmes. The community leaders pointed out that the government’s economic development programmes are benefiting those who know about them and have access to those who provide those resources. They stressed the importance of people at the community level being made aware of the new opportunities that are being provided and how to access them. There needs to be a nationwide campaign of awareness creation about how best to access the new opportunities which encompasses both the local and higher levels and state mechanisms need to be structured to support those who ought to benefit.

Economic woes the motivator for FTAs

Household consumption has contracted-14% in Q2, 2018; $ hits 162 whilst unemployment has picked up to 4.5% from 4.1% in Q4, 2017

logoTuesday, 28 August 2018

We have seen in the recent past the heat on the FTA with Singapore that was signed around nine months back. Whilst there can be merits to this argument, we have to keep in mind that when a country is struggling at 3% GDP growth and a debt stock that is stacking up due to currency depreciation, we have no option but pursue an FTA/economic partnership-driven growth agenda just like many countries have pursued globally.

To be specific, Bangladesh, Indonesia, Vietnam and Mexico are classic examples in today’s world where due to economic woes were pushed into opening their economies to the world and today they are trailblazers.


FTAs hurt 

If one tracks back to each of the countries mentioned above, when the decision was taken to ‘connect to the world’ with economic partnership, there was agitation. But, once the benefits started kicking into the system, things settle.

It will be interesting to see the independent report that will be presented by respected economist W.D. Lakshman to the President on the FTA with Singapore. Given the democratic model at play, when a Coalition Government is running the country it leads to a very strong share of voice on media on issues such as ‘opening the economy to the world’ that upsets even the diplomatic relations of the two countries that have signed the very agreement. We saw this on the Indo-Lanka FTA 15 years back and now we are seeing history being repeated on the FTA with Singapore.


SL’s FTA – utilisation below 20%

The bone of contention that the private sector has on FTAs is because, the Indo-Lanka FTA with India even after 15 years is not performing up to standard with just a 0.5-1.0 billion dollars in exports from the Sri Lankan end. This comes in the backdrop of the booming opportunity in India of the middle class customer base of over 400 million.

The key strategic sectors of apparel and tea are struggling with the FTA utilisation below 20%. Some companies who have ventured out in the confectionery business have got burnt without any light at the end of the tunnel, which ultimately led to the Sri Lankan chambers issuing a statement that until the FTA anomalies are corrected Sri Lanka must not purse the ETCA economic partnership agreement.

There has been many conferences to iron out the issues but now the key issues happen to be more of political nature than being trade centric.

India’s view on the status quo is slightly different. They believe that the anomalies of the current Indo-Lanka FTA will be corrected when ECTA is implemented. In my view, in fairness to Sri Lanka exporters we have to see some course correction on the current trade agreement before we ink new trade linkage. The logic being that we need to see the political will for change before the private sector invests money to drive business.


Burning issue – 4.5% unemployment 

Whilst many are focusing on the demand side policy changes, the core issue in Sri Lanka that needs to be focused is the current unemployment rate of 4.5% up from the 2017 number of 4.1%.

This number of 4.5% means that technically Sri Lanka has a people issue on the 83 billion dollar economy. A point to note is that in the last seven years we have seen how the employment at the public sector end has gone down from 15% to 14% as per the Central Bank Annual reports. On the other hand those employed in the private sector had increased from 40% to 44% as at Q1, 2018 which is positive.

Given the fact that Sri Lanka’s unemployment is at 4.5% the key question to ask is, how can we move exports from 11.3 billion to 28 billion dollars as per the target set by the National Export Strategy launched recently by the Prime Minister?

Even if the current export revenue takes into account the construction exports, etc. and the total comes to around 15 billion dollars, Sri Lanka will need to import people to fill the gap. In my view construction and apparel sectors, etc. can absorb imported human capital but the tourism industry must maintain the Sri Lankan hospitality rhythm. If this key policy decision is not taken on this front, we in the tourism industry will lose the identity and high satisfaction scores we currently clock in.

The best case in point is a popular restaurant down Flower Road which employs Indian staff and I wonder how the customer perception is given that foreign visitors would like to have touch and feel of Sri Lankan hospitality. This argument might hold ground in the BPO/IT sector too, if there is some human interaction with international customers.

One the skill gap argument, the point to note is that there will have to be a policy change which includes visa regulations which means reforms on employment that will need Parliament approval. This will be a political nightmare given the year of elections coming to play in Sri Lanka in 2019 and 2020. Hence we see Sri Lanka is in a catch 22 situation.


Mexico – lesson for SL

An interesting parallel was seen from a similar country, Mexico, which was also struggling with industrial unrest, low GDP growth and unstable political climate. Mexico has a population of 127 million and poverty and crime are burning issues of the country.

In the 1990s the export income was similar to Sri Lanka with many supply chain issues and exports being in the lower spectrum of the value chain. The country was fighting for political reform to make it competitive whilst debt issues were prevalent just like any other developing third world country.


Mexico – 11 FTAs and 46 countries

Mexico had no option just like Sri Lanka in the 1990s where the country had to integrate the world and drive up the value chain on exports. Typically a country’s development agenda moves from exporting apparel to machinery and then to electronic components. Mexico was at the first stage of growth and it took the hard decision to move to an FTA driven growth agenda. A strategic objective that was not explicitly said was to reduce the dependency on the US economy.

As at 2018, Mexico has 11 FTAs covering 46 countries that includes the geographic belt of US, Canada, Chile, Colombia, Costa Rica, Nicaragua, Peru, Guatemala, Honduras whilst from the rest of the world EU, Israel, Japan and made the country 1.1 trillion dollar economy with exports crossing 406 billion dollars which has come about from driving and reform agenda which was hurtful initially but the benefits started coming in over time.


Mexico exports – $ 406 billion 

Between 1994 and 2016, Mexico’s drive on exports increased from $60.8 billion to $374 billion at a growth of 515%. Even though the current trade deficit is at $13.2 billion what is important is the quality of the export basket. From motor vehicles, motor vehicle parts, automatic data processing, electronic integrated circuits to electronic apparatus for telephones indicate how the nation has moved from apparel production to machinery exports and now at the higher stage of the value chain with electronic items. Sri Lanka on the other hand is yet at the stage of apparel dominating the export basket. Hence we see the leapfrogging that Sri Lanka will require, if we are to be competitive.


SL Export Strategy 2018-22

Whilst the EDB must be congratulated for launching the National Export Strategy, the fact of the matter is that we should have had this in place by mid-2016 given that the new Government came to play in January 2015.

Whilst the target of $28 billion set by the Prime Minister is commendable the reality is that to add almost 12-13 billion dollars when the unemployment level is at 4.5% means that radical reforms will have to be implemented. This to be actioned in an election year will be absolute challenge.

Even if we implement changes to employment and overcome the issue by bringing down people from Bangladesh and China the question is, how can average export growth of 7% in the last five years be moved to 10% during the period 2018-2022? This comes in the backdrop of a 6.7% export growth in the first five months of 2018 means that the target set is a stretched number. When I took over as Chairman EDB in 2005 I yet remember advice of the outgoing Chair, the great Sivaratnam, who said: “Son, Sri Lanka has a supply chain issue and not demand.” I yet feel this argument holds ground.

Coming from a private sector background, I am optimistic and I support the export agenda but, if we do not invest on R&D from the current 0.1% to around 2% of GDP we will not be able to compete with global players. We will not be able to move to the machinery and electronic export trajectory all countries like Thailand, Vietnam and South Korea have done. By the way South Korea invests around 4% of GDP to R&D to keep the country competitive.


Economics – motivator?

Whilst we accept the challenges in the Sri Lankan economy, we have no option but move to an FTA driven economic strategy just like Mexico and Bangladesh. The low GDP growth, high debt, consumer consumption contracting six quarters in a row( from 2017) up today at -14.5% in the last quarter whilst the $ crossing 162 means radical changes will have to be done. The million dollar question is, can the current administration do this task given the poor performance in the last three years?

(The thoughts are strictly the personal views of the writer. He has been the Chairman of three State sector entities and has served the UN and the multinational private sector for over 20 years. Currently Dr. Athukorala is the Country Head for a global investment company. He is an alumnus of Harvard University Executive Education.)

Anti-Muslim Lobbies & Immigration Control In The West

Dr. Ameer Ali
logoAn inconvenient truth behind West’s current immigration policy is that it is shaped by the power of anti-Muslim and Far Right lobbies. The entire debate about controlling the intake of immigrants emerged in the wake of Muslim refugees arriving by the boatloads after the American invasion of Iraq and Afghanistan. The exodus started then continues till today through recurring episodes of violence perpetrated by both state and non-state actors. The shores of Europe, Britain and Australia are the favoured destinations of Muslim refugees.
The refugee problem in general and exodus of Muslim refugees in particular also coincided with a rising wave of discontent over economic difficulties resulting from a globalising neo-liberal economic ideology. This ideology, in the name of promoting economic growth through private enterprise, market competition and technological innovation relegated issues of equity and distribution to the margin of economic policy making and assumed that those issues would be handled best by the market itself through the so called trickle-down effect. On that assumption welfare economic models and economic safety nets structured on Keynesian foundation were systematically dismantled in all major economies starting with the US. This switch over to a free market, free trade and free enterprise ended in a vicious game of survival of the fittest and the largest The consequence was widening income disparities, falling wages, lack of job security, weakening of all countervailing powers and colossal environmental neglect.
When economic adversities mount rulers always look for scapegoats “Muslim terrorists” and “Islamic terrorism”, products of Western imperial misadventures, fitted the candidacy. While the traditional left and right in politics embraced economic neo-liberalism with differences in its modus operandi, the far right on the other hand while surrendering to the same ideology blamed the newly arriving Muslim immigrants and Islam for all problems confronting the Christian world. Its anti-Muslim stand and Islamophobia provided a new twist to West’s age old anti-Semitism. The idea of multiculturalism celebrated by inclusive political regimes was scorned by the Far Right in favour of a socio-political milieu ruled by Judeo-Christian values. At least one of its politicians in Australia even called for a ‘final solution’, echoing the Nazi leader.
A number of Far Right parties such as the National Front in France, Independence Party in UK, Party for Freedom in the Netherlands, the Danish People Party and the One Nation Party in Australia among several others, and all of them in the West, structured their political campaign on the populist issue of stopping and turning the boats and saving the West from Islam’s threat.  Paulin Hanson’s One Nation Party for example, was the direct result of anti-Muslim paranoia linked to the influx of refugees from war-torn Middle East. She was not mincing words when she said that Australia was in danger of being swamped by Muslims and Islam.
The rising popularity of these parties clearly threatened the erosion of electoral support to the traditional centre-right and centre-left parties. Donald Trump’s victory in US Presidential Election was clearly won on an anti-Muslim platform. He translated his policy into action by banning Muslims from seven Muslim countries, Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen, even though none of them ever posed a threat to the US.
It therefore became self-evident to traditional parties that they too should change track if they were to arrest losing further and win back if possible the lost support to the Far Right. The dilemma is how to do it without openly advocating Islamophobia. Controlling immigration and strengthening border security are two areas that promised an escape route. Political opportunism has driven main stream parties in Europe and the West to hide their Islamophobia behind a seemingly neutral agenda on immigration, citizenship and national security. The running battle over limiting asylum seekers into Europe and emergence of coalitions between main stream parties and anti-Muslim groups reflect the political success of Islamophobia. This trend is clearly witnessed in Belgium, France, Switzerland, Italy and Austria. Germany too which is relatively more benevolent towards Muslim refugees is forced to toe a hard line. In Australia, the success of the Far Right is manifested in the progressive decline of Muslim immigrants into the country, which has more than halved from 40.5% in 2013-14 to 18.9% in 2016-17, and Chip Le Grand in The Australian (27 August 2018), reports that “Scott Morrison’s elevation as Prime Minister is expected to further reduce Muslim immigration, with the former immigration minister a prominent supporter of Australia prioritising Christian refugees ahead of Muslim asylum-seekers”.

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Wanted new policies, new politics



Tuesday, August 28, 2018

Politics in Sri Lanka has become a degenerated, corrupt and anachronistic affair. Beyond the rhetoric there is no public good derived from it. Politicians are not interested in the existentialist problems of the people. They are embroiled in controversies over trivial matters and are both ignorant and uninterested in grave issues facing the country. That is why so far no major national policies are found on any subject of concern, be it education, health etc. They indulge in opulence and enjoy comforts at public expense.

Under the executive presidential system certain features of monarchial rule are also being preserved, nurtured and continued. Such perhaps are the Vap Manguls, Aluth Sahal Mangalayas etc. with the participation of the Head of State. Late President J R Jayewardene was particular in adding his name to the list of kings that ruled the country. He also wanted to continue the tradition of Kings of yore by addressing the nation from the octagon in the Temple of Tooth, Kandy. During the last regime also an attempt was made to revive this.

Personality cults

Success or failure in politics of the country has been attributed to leaders and the responsibility of the collective leadership is never recognized. Except in the case of Marxist-oriented parties, political party members often stand in a relation of subservience to the party leader. Personality cults of the principal leader is encouraged and fostered at public expense. His or her birthday is celebrated at State expense.

Seventy years after political independence we have been unable to forge a Sri Lankan identity. We have not only witnessed communal strife and war but are today being exposed to the danger of a possible escalation of religious tensions. National unity eludes us still. We have messed up ethnic relations that it has become easy for outside powers to interfere in our internal affairs. We have ourselves created the conditions for such interference and are now complaining of foreign conspiracies. For example, if not for the July 1983 pogrom against the Tamils, India would not have openly interfered in our internal affairs though the same could not be told about covert action.

We also went through periods of grave human rights violations and curtailment of democratic rights of the people. Law and order has broken down as a result. The situation still persists despite a few positive steps at the commencement of the Yahapalana Government. Independence of the judiciary has been not yet registered in the mass consciousness.

Administration is so inefficient and corrupt that it has to be written off as useless. Its weakness could be seen from such trivial matters as the failure to ensure a ticket for passengers travelling in privately owned omnibuses.

Our education is in a mess. Admitting children to Grade One has become a nightmare for parents. Class and racial bias exist in the state school system while private fee levying schools are mushrooming and functioning without any regulatory control. Pre-school education comprising the most delicate formative years of a child's upbringing is completely in the hands of incompetent and mercenary private interests.

Major political parties
Almost all major political parties follow the neo-liberal economic model which has been historically outdated and globally proved a failure. The tragedy is that the rulers are either ignorant or are so attached to its dogmas that they cannot see the reality. It is suffice to say that all countries that have advanced rapidly in Asia or elsewhere have been revising the neo-liberal prescriptions considerably. For example, they did not dismantle state economic enterprises en masse as per the IMF and World Bank prescriptions. China and Malaysia are two noteworthy examples.

The cumulative result of these economic policies have been that the rich got richer and the poor poorer. National income is getting concentrated in the hands of the top decile of the population at the expense of the lower five deciles. Malnutrition is prevalent especially among under five children and many are dying from curable diseases due to poverty.

Unplanned and often sporadic development has in turn given rise to a situation that has caused frequent natural disasters. Long-term disaster prevention measures are compromised for short-term ad hoc solutions with an eye on election prospects of ruling politicos.

Despite the claims of politicians the above policies proved to be anti-people, anti-poor. The ratio of direct to indirect taxes stand at 20 to 80. That means robbing the poor to feed the rich. The transfer of wealth not alleviates but increases disparities and inequity.

These policies should go. We need new policies which favour the poor, which help to alleviate poverty and reduce injustice.

Pro-people, pro-poor policies

The new policy should plan for immediate amelioration of rural poverty by invigorating the rural economy. At the present juncture in which the country is facing an acute economic crisis, it is the rural economy that has the potential of revival. Despite the uncertainty of the weather rice production this season is reported to be a bumper crop. Contribution of the agricultural production could also be enhanced by reducing post-harvest loses in storage and transport which amount to about 30 percent.

Finally it should be stressed that unless new political forces emerge and takeover, this new policy cannot be entrusted to the existing comedians on the political stage. It is the task of the civil society to forge new forces that could deliver the needed new pro-people, pro-poor policies. 

One killed, 34 injured as bus plunges into ravine

The bus turned turtle after plunging down a precipice in Alugolla, Badulla yesterday morning. Picture by  Prasanna Adhikari, Lunugala Corr.

Duminda Senarath-Tuesday, August 28, 2018

The bus turned turtle after plunging down a precipice in Alugolla, Badulla yesterday morning. Picture by Prasanna Adhikari, Lunugala Corr.

One person was killed and around 34 passengers sustained injuries when a bus plunged down a 100-foot precipice in Alugolla, Badulla yesterday morning.

The passenger bus attached to the Sri Lanka Transport Board (SLTB) was plying from Kandegedara to Badulla when the mishap occurred near Alugolla.

The deceased has been identified as 15-year-old Mohamed Akeer, a resident of Kandegedara, Weeragama area in Baddulla.

Out of the 34 injured, at least 10 persons are said to be in a critical condition, according to hospital sources. The injured have been admitted to the Badulla hospital. According to the Police, the SLTB bus plying from Kandegedara to Badulla, had fallen in to the precipice near Alugolla after the driver lost control due to high speed.

“The bus driver too had sustained serious injuries and is said to be in a critical condition,” hospital sources said.

Further investigations related to this accident are being carried under the instructions of the Officer In Charge of Baddulla Police Station. 

7 reasons why power crazy Mahinda cannot be president again - legal experts explain and confirm…


LEN logo(Lanka e News 28.Aug.2018, 4.20AM) Clause 4(2) of the 19 th amendment to the constitution clearly stipulates ‘ the individual who was elected by the people to the post of executive president twice cannot be elected again to the same post by them’. Despite this , the legal lackeys of Mahinda Rajapakse (who held the post of president twice) have advanced the contention that ‘Mahinda can again contest the presidential election’ .
In order to learn of the true position , Lanka e news made inquiries from several retired Sri Lankan legal experts (legal draftsmen) living in Britain , America and Sri Lanka (SL), some of whom are those who have earned international renown. Following are their analyses in a nutshell…
1. Firstly , before the Mahinda Rajapakse faction sought the opinion of the supreme court (SC) regarding the presidency in the 19 th amendment ,the incumbent president Maithripala Sirisena himself had inquired about it. That is whether the tenure of office of the president is 6 or 5 years.
The verdict of the SC was , the presidential period is 5 years. In other words , even the incumbent president is subject to the terms and conditions of the 19 th amendment..The argument advanced now by the lawyers of Mahinda Rajapakse ,that the terms and conditions of the 19 th amendment apply not to the present president but to the future ones , and that it starts with the future presidents, if it is true , the tenure of office of president as per the SC verdict has to be 6 and not 5 years because at the time when the present president was seeking elections the period was 6 years. Hence it is abundantly clear the terms and conditions of the 19 th amendment is valid even now , and not only from the future. That means Mahinda who was president twice cannot field as presidential candidate again.
2. It is very unfortunate Mahinda and his lawyers have misunderstood and misinterpreted the 19 th amendment by viewing from a wrong angle which is based on the disqualifications mentioned in the 19 th amendment that those apply not to the present president in office but from the next presidential elections.
In order to analyze and elucidate the position, let us assume , at the last presidential elections it was Ms. Chandrika and not Sirisena who contested as presidential candidate . According to the constitution at that time , a president could hold that post any number of terms , and therefore assuming Chandrika contested as president and won, in such an event what was amended by the 19 th amendment to stipulate a president who held the post twice cannot again field as presidential candidate under the 19 th amendment will not apply to Chandrika who is in power as it is applicable only from 2020 presidential elections .
However she cannot field as a presidential candidate in 2020 , and can hold office until that time only.
It is being argued the disqualifications in the 19 th amendment do not apply to the present president , and only from the next presidential election , for the sole and whole purpose to cling on to some stray point and eliminate via the constitution itself the obstacles militating against the present president , and to help him continue.
3. Mahinda and his lawyers are entertaining a misconception that the disqualifications stipulated in the 19 th amendment do not apply to the incumbent president based on the notion that those do not relate to all the presidents who held the post though that is not the case. It is to be noted the disqualifications in the 19 th amendment apply to everyone else.
A case in point is the court decision on Geetha Kumarasinghe’s dual citizenship. The supreme court decided that she cannot be an M.P. based on the 19 th amendment which disqualified her . If the contention of Mahinda and his lawyers are valid , she ought to be an M.P. still and will become ineligible only in 2020. But that is not what happened.
4. Another argument of Mahinda and his lawyer lackeys is even more ridiculous. That is, the contention , by the 19 th amendment it is not the existing old post of president but a new presidential post was created. That too is untrue.
If that argument is tenable president Sirisena should take oaths again under the 19 th amendment . That did not happen because article 49 (1) (b) makes the position very clear. It states , ‘the individual who held the post of president before the 19 th amendment was passed shall after that date abide by the terms and conditions stipulated in the 19 th amendment’ Therefore the 19 th amendment has not created a ‘new presidential post’.
5. On the contrary if by the 19 th amendment a new presidential post is created, the SC will certainly decide without any doubt a people ‘s referendum shall be held in that regard.( Before the 19 th amendment was passed , application had to be made and permission of the SC obtained. On such an occasion the SC had not told such a thing)
6. The ex chief (cheap) justice Sarath N Silva who advances legal arguments on behalf of Mahinda had this to say : A constitutional amendment is not an article specifically and must be considered generally. That is true. The 19 th amendment was brought in to rectify the flaw that a president can contest the presidential elections any number of times, and to limit it to 2 terms . If the argument of Sarath N Silva that it should be considered generally and not specifically is to be accepted , then Mahinda who was president for two terms cannot any way contest the election again.
7. When ex deputy speaker Chandima Weerakody said the 19 th amendment was not an amendment but a counter proposal , the legal draftsmen and experts remarked , those are not legally based arguments but nonsensical utterances of idiots who do not know the laws and the language.
In the circumstances if anybody in the opposition is dreaming that he could make Mahinda the president again , he/ she will be well advised to wake up to reality and right now get ready to choose a suitable presidential candidate.

Chandrapradeep.

Translated by Jeff
---------------------------
by     (2018-08-27 22:56:44)

Mahinda Rajapaksa and the term limit

President Maithripala Sirisena in conversation with Rajapaksa brothers from left: Chamal, Mahinda and Gotabaya at the funeral of Dr. Chandra Rajapaksa on Saturday

logoTuesday, 28 August 2018


The Nineteenth Amendment has once again become the subject of controversy, and its current focus concerns the provision in the Nineteenth Amendment that disqualifies the same person from being elected as President for more than two terms.

The two-term limit is not a constitutional innovation. A provision imposing a term limit was in the Constitution as it was originally enacted in 1978 but it was repealed by the Eighteenth Amendment enacted during Mahinda Rajapaksa’s tenure as President. It was re-introduced by section 3 of the Nineteenth Amendment which inserted the following new paragraph as Article 31(2) of the Constitution:

“No person who has been twice elected to the office of President by the People, shall be qualified thereafter to be elected to such office by the People.” (emphasis added).

This prohibition was reinforced by section 21 of the Nineteenth Amendment which added Article 92(c) of the Constitution which disqualified a person who “has been twice elected to the office of President by the People” from being elected to the office of President thereafter.  This is identical to the paragraph that existed as Article 92 (c) of the 1978 Constitution before it was repealed by the Eighteenth Amendment.

It has been argued, nevertheless, by some, including Professor G.L. Peiris and ex-Chief Justice Sarath Silva, that these provisions do not disqualify Mahinda Rajapaksa from seeking a third term. Mahinda Rajapaksa has already served two terms as President but if this argument holds, then he would be eligible not only to run for a third term but also a fourth.

It has been contended that according to the Constitution as amended by the Eighteenth Amendment there was no provision imposing a term limit, and as the Nineteenth Amendment does not expressly state that Article 31(2) is to apply retrospectively, it should not apply to Mahinda Rajapaksa, who, in ex-CJ Sarath Silva’s rather infelicitous oxymoronic phrase, is ‘a previously elected incumbent in office’.  (Sunday Observer 19 August, ‘Mahinda ineligible to contest 2019 prez poll – Jayampathy’). Mahinda Rajapaksa is not currently holding office to be called an incumbent.

Dr. Nihal Jayawickrama (Colombo Telegraph 19  August, ‘Disqualifying Twice Elected Presidents – A Failed Endeavour?’), agreeing with the views expressed by G.L. Peiris and Sarath Silva, has argued that a law is not considered as imposing a disqualification retrospectively unless Parliament had clearly stated that to be its intention. Dr. Jayawickrama has elaborated on this view contending that the Nineteenth Amendment establishes an entirely new office of President, and that the disqualification arising from the term limit only applies to the person holding the newly-created office. He bases his conclusion from the language of section 30 of the Nineteenth Amendment which begins with the words: “Article 30 of the Constitution is hereby repealed and the following Article substituted”.


The correct approach

My approach to this issue is different. The question one ought to ask is not whether Article 31(2) is retrospective or prospective in its effect, but ask what its purpose or objective is. It is important to bear in mind that what is being interpreted is a constitutional amendment and it should be given a purposive interpretation. The provision regarding the term limit must be given a purposive interpretation and in my view Articles 31(2) and 92 apply equally to Mahinda Rajapaksa.


Prevent abuse and promote peaceful change

Constitutional provisions concerning term limits recognise and reflect the dangers inherent in a system of government capable of perpetuating power in the same person.

I wish to recapitulate what I wrote on this point on a previous occasion. “Power when left in the same hands for far too long tends to be abused. It is this fear that provides the rationale for limiting the presidential term. The corollary of this principle is that a change of rulers is desirable for the survival of democratic institutions. Periodic elections are the essence of constitutional democracies and elections are meaningless if they do not facilitate change. Otherwise, the country would be saddled with an elected dictatorship.”

The six-year term (reduced to five by the Nineteenth Amendment) and the two-term limit were important elements of the constitutional arrangement pertaining to the terms of President’s office when it was established by the 1978 Constitution. The Eighteenth Amendment enacted during Mahinda Rajapaksa’s tenure repealed the term limit, thereby entrenching the worst features of the presidential system of government. The re-introduction of the term limit by the Nineteenth Amendment was intended to undo the ill effects of the Eighteenth Amendment and restore the democratic balance in the constitution.

The shortening of the presidential term by the Nineteenth Amendment from six years to five not only reduces the maximum number of years a person may remain in the office of President but also shortens the period for which the people have to wait before they can make a fresh choice on his successor.



Term limit and immunity

The office of executive president was in fact created by the Second Amendment to the 1972 Constitution shortly after the United National Party under J.R. Jayewardene rode to power with a commanding majority in Parliament. The Second Amendment was rushed through the National State Assembly as an urgent bill and with its enactment the office of President was transformed from a nominal executive to a directly elected office, invested with unprecedented powers.

Significantly, the President under the 1972 Constitution was given immunity from civil or criminal proceedings in respect of anything he had done or omitted to do either in his official or private capacity for the duration of his term in office because he was a nominal executive who always acted on the advice of the Prime Minister. When the Second Amendment to the 1972 Constitution created the executive presidency, it retained the provision by which the President was granted immunity (section 23(1) of the 1972 Constitution).

Grave misgivings were entertained by many about the Executive Presidency when it was first introduced with much haste and without much debate.  The 1978 Constitution incorporated the executive presidency, retained the provision granting immunity to the President but also introduced the two-term limit. Some of the misgivings ‘were slightly assuaged by the two-term limit’ which somewhat assured them that a President would enjoy immunity from suit for no more than twelve years. “This is already long enough for an injured party to wait for redress, for memories to stay fresh, for witnesses to remain available and healthy.” (See Suriya Wickremasinghe, Civil Rights Movement Statement on 18th Amendment to the Constitution).

The objective of the term limit provision would not be advanced, and indeed it would be undermined, if Articles 31(2) and 92 are interpreted to exclude from their application the two ex-presidents who have been twice elected before the Nineteenth Amendment was enacted. If these provisions are given a purposive interpretation then they should be interpreted to disqualify Mahinda Rajapaksa from seeking a third term.



Neither a new nor a ceremonial office

It is Dr. Jayawickrama’s contention that the Nineteenth Amendment abolished the existing office of President and replaced it with a new office. Moreover, the office of President created by the Nineteenth Amendment is “essentially non-executive, primarily symbolic and ceremonial, office of President”.

Section 3 of the Nineteenth Amendment does indeed declare that “Article 30 of the Constitution is hereby repealed” but its principal objective, in so far as the office of President is concerned, was to amend some of the provisions relating to the office of President, including Article 30 of the Constitution. This objective could have been achieved if in section 3 the word “amended” was used in place of “repealed”.

The Nineteenth Amendment without doubt pruned some of the powers of the president’s office but it did not make it a ceremonial office. Even after the Nineteenth Amendment, the President is the Head of the State, the Head of the Executive and of the Government, and the Commander-in-Chief of the Armed Forces. He is directly elected and holds office for a fixed term.

The President makes appointments to the armed forces.  He has considerable discretion when it comes to the appointment of the Prime Minister following elections to Parliament, especially when they result in a hung Parliament.  He shall be a member of the Cabinet of Ministers and shall be the Head of the Cabinet of Ministers.

President Sirisena reportedly rejected three cabinet papers submitted by Ravi Karunanayake when the latter was the Foreign Minister, and also forced the latter’s resignation. He has the power of pardon. These are important powers. In addition he has at his disposal powers of patronage through which he can exert political influence. These are steps no ceremonial President would dare take.

It is the President who shall determine the number of Ministers in the Cabinet and the Ministries and the assignment of subjects and functions to such Ministers. When exercising this power, the President may consult the Prime Minister, where he considers such consultation to be necessary, but he is not obliged to do so.

Dr. Jayawickrama says that the President “no longer enjoys immunity from judicial proceedings, and any person may now challenge his official acts or omissions in the Supreme Court.” That is not how Article 35 (1) reads. It grants the President immunity from civil or criminal proceedings in respect of anything done or omitted to be done by him, either in his official or private capacity. The Nineteenth Amendment does open the door to any person to make an application under Article 126 against the Attorney-General, in respect of anything done or omitted to be done by the President, in his official capacity but the Supreme Court shall have no jurisdiction to pronounce upon the exercise of the powers of the President to declare war and peace. The remedy under Article 126 is a limited one. It does not afford a remedy where the conduct involving abuse of power does not amount to an infringement of a fundamental right or language right. Moreover, the jurisdiction of the Supreme Court must be invoked with one month of the alleged infringement.

The President’s power to dissolve Parliament, even if the power maybe exercised only during the last six months of Parliament’s five-year term, gives him considerable leverage to determine the timing of such elections and influence their outcome. The powers of the President are likely to assume considerable proportions when he has the support of the majority of members of Parliament, which is likely to be the case if he is the leader of the party forming the government. A President who has the backing of a majority in Parliament would have a Prime Minister who would do his bidding.



Transitional provision

An analysis of section 49 of the Nineteenth Amendment does not support Dr. Jayawickrama’s contention that it became necessary because the Nineteenth Amendment created a new office of President. Section 49(b) declares “for the avoidance of doubt” that:

“the persons holding office respectively, as the President and Prime Minister on the day preceding April 22, 2015 shall continue to hold such office after such date, subject to the provisions of the Constitution as amended by this Act; and (c)….”

The words “continue to hold such office” refer to the person who was holding office as the President immediately before the Nineteenth Amendment came into force. The office that was continued was the same office that existed before and none other.

If, as has been argued by Dr. Jayawickrama, the transitional provision became necessary because the office of President would otherwise have become defunct, then why does it also refer to the office of Prime Minster? The office of President would have continued after the Nineteenth Amendment even without the transitional provision but it was introduced to avoid any doubts that might be raised in that regard.

The transitional provision declares that the office of President shall continue “subject to the provisions of the Constitution as amended by this Act.” If one were to accept Dr. Jayawickrama’s argument that the Nineteenth Amendment created a new office of President, then President Maithripala Sirisena as the person holding office on the day preceding April 22, 2015 shall continue in office, but he could do so “subject to the provisions of the Constitution”. It follows that he ought to have formally assumed the newly created office by taking the oath of office. There is no evidence that he did that after the Nineteenth Amendment was enacted, which would lead to the conclusion that he has not been lawfully in that office since then.

Conclusion

The Nineteenth Amendment pruned some of the President’s powers but it did not transform the office of President into a nominal executive. It would be a mistake to regard the office as merely ceremonial.

The provision imposing the term limit has a democratic basis and its objective is to prevent abuse of power. It is premised on the rationale that the perpetuation of power in the same person is likely to lead to its abuse.

Mahinda Rajapaksa may not seek election to the office of President as he is disqualified from so doing.

POLITICAL MEDDLING IN ARTISTS’ WORKS CAUSES ISSUES – FREE MEDIA MOVEMENT

(2018-August-27/ Media Release)

Sri Lanka Brief27/08/2018

FMM wishes to point out that the State’s intervention as regards the recent criticism leveled against many cultural plays and dramas has been done without any knowledge of their contents nor an evaluation. FMM calls upon the relevant parties to refrain from such criticism.

There seems to be political meddling as regards the novel, “Budunge Rasthiaduwa”, the stage play, “Mama Kelin Minihek”, as well as Malaka Dewapriya’s radio teledramas.

Although “Mama Kelin Minihek” had been passed by the Censor Board, subsequent political meddling to ban such works has had a severe impact on the artists concerned.

Also, it is believed, censorship takes place due to pressures exerted by extremist religious groups.

FMM is of the view that artists should not be influenced by such religious beliefs and extremist religious leaders, and there should be no political meddling in the artists’ freedom of expression.
It is the State’s primary responsibility to ensure that there is religious freedom in a democratic society. However it is regrettable that the State has not acted in a manner to safeguard such freedom.

Meanwhile, the Minister of Higher Education and Cultural Affairs, Wijayadasa Rajapakshe has ordered the IGP to file charges and take action against the author and publisher of the novel “Buduge Rasthiyaduwa” under sections 290, 290A, 291A and 291B of the Penal Code.

If a country is of the view that its artists should be disciplined by subjecting them to such criminal charges, it is indeed something most regrettable. We believe such issues should be solved with a more moderate mediation.

Japan's Indo-Pacific Defense Outreach Continues in Sri Lanka and India

Japan's Indo-Pacific Defense Outreach Continues in Sri Lanka and India
The recent visit by Japanese Defense Minister Itsunori Onodera to India and Sri Lanka shows the increasing focus on these countries on the part of Tokyo as a part of its free and open Indo-Pacific (FOIP) strategy.
What is important about this visit was that it was the first visit by a Japanese defense minister to Sri Lanka. This assumes particular significance in the light of a Chinese-state owned company gaining a lease of 99 years to the Hambantota port in Sri Lanka, which straddles the key sea lanes of communication in the Indian Ocean region.
Onodera visited Hambantota port during this visit. In addition, Onodera, accompanied by the Sri Lankan Navy’s Eastern Area Naval Commander Rear Admiral Sumith Weerasinghe, also visited Trincomalee harbor, where he met with the crew of the Japanese Naval ship JS Ikazuchi. There are indications that Japan is planning to work with countries like India in Sri Lanka, given India’s close links and geographical proximity and also given the growing bonhomie between India and Japan. Tokyo also handed over two coast-guard patrol aircraft to Colombo, which are worth around $11 million.
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China’s Belt and Road Initiative (BRI) has forced all countries, including Japan, to take notice in the Indo-Pacific. While Japan has expressed its interest in evaluating projects related to the Belt and Road Initiative (BRI) on a case-by-case basis, it is yet to join the initiative itself, while New Delhi has opted to mostly stay out of the Belt and Road Initiative (BRI) due to sovereignty concerns.
Before visiting Sri Lanka, the Onodera was in India, where he met his Indian counterpart, Nirmala Sitharaman. It has been reported that India and Japan are working on a logistics-sharing agreement, similar to the one India has signed with the United States, the Logistics Exchange Memorandum of Agreement. This will increase the interoperability between the Indian and Japanese navies. The two countries are already collaborating in a big way in the maritime realm with the JIMEX bilateral exercises and the trilateral Malabar exercises with the United States. Japan also maintains a base in Djibouti and hence the locations of India and Sri Lanka assumes a big significance for Japan’s Maritime Self-Defense Force.
The increasing use of the term Indo-Pacific dovetails with Japan’s own FOIP concept. It is worth noting here that India, Japan, Australia, and the United States had also resuscitated the “Quad” on the sidelines of the ASEAN and the East Asia Summits in Manila in November last year.  Amid all this, Tokyo has also sent its helicopter carrier JS Kaga and its sister ships on a two-month deployment in the Indo-Pacific region where it will call at ports in India, Indonesia, Singapore, Sri Lanka, and the Philippines.
In 2007, Prime Minister Shinzo Abe, in his famous speech “Confluence of the Two Seas,” had mentioned that “the Pacific and the Indian Oceans are now bringing about a dynamic coupling as seas of freedom and of prosperity.” The Japanese defence minister’s recent swing through India and Sri Lanka only proves that Tokyo is now putting its money where its mouth is.
Dr Rupakjyoti Borah is with the Institute of South Asian Studies at the National University of Singapore (NUS). His recent book is The Elephant and the Samurai: Why Japan Can Trust India. He can be reached at rupakj@gmail.com or on Twitter at @rupakj.

Why Chinese influence is good for Sri Lanka Only if leaders know how to make use of it

2018-08-28
Last week, the Japanese Defence Minister was in Sri Lanka on a two-day visit, a first by a Japanese politician of that capacity to the island. Pacifist Japan did not have a habit of sending their defence top brass and warships to every other country, until very recently. In the same week, the Japanese naval ship “Ikazuchi” arrived in the Trincomalee harbour on a goodwill visit. The vessel was part of a dispatch of three ships sent on a month-long tour to India, Sri Lanka, Singapore, Indonesia and the Philippines; a modest manoeuvering by Tokyo to assert the maritime role, as China is expanding its influence in the region.   

During his visit Defence Minister Itsunori Onodera toured all three major ports, Colombo, Hambantota and Trincomalee, a gesture one would feel a bit too intrusive, and later he told Japan’s NHK television, that Tokyo expects that the Hambantota port would be free of military activities. Japan’s emphasis on a ‘free and open’ Indo Pacific is rooted in much more than the freedom of navigation, Tokyo’s own rivalry with China over the contested Diaoyu/Senkaku islands and China’s expansive maritime posture in the region - according to some estimates China is building a 300 vessel strong fleet with 75 submarines which could contest American superiority in the region. Japan’s interest in Sri Lanka coincides with Japan’s own security interests, emanating from China’s rise, and the expansion of the Chinese influence in the region.  The rising China is espousing revisionist grievances, simultaneously, while exerting its influence through an unrivaled infrastructure building binge across the world. It is coaxing countries with its cheque book, at the same time bullying others who refused to kowtow. China’s rise and still untested intentions generate reactions from regional states, mainly India and Japan and reigning super power, America.

 Their collective response towards China has evolved into a soft balancing strategy of sort. Some other countries such as Vietnam and at times, Philippines and Singapore are playing a complementary role. Soft balancing is a mixture of collective security measures such as ad hoc military exercise, security partnerships, intelligence sharing, and collective behaviour at international forums built on shared strategic interests. Those measures can be converted into more overt hard balancing strategies of kinetic display if the security uncertainties in the international system heat up.   

However, with the presidency of Mr. Trump, who has a special penchant for picking fights with both allies and foes, and debasing and humiliating America’s treaty partners, Japan, for the first time since the World War II, has to find its own security. Recently, Japan was a mere observer of Mr. Trump’s romance with North Korean dictator Kim Jong Un. Now that the American president has reinforced sanctions on Iran, Japan which had geo-strategic interest in taking part with India in the development of Iran’s Chabahar port, which in someways is a rival for the Chinese funded Gwadar port, finds its strategic concerns are in conflict with mercurial Mr. Trump.  

Japan has pinned hopes on India as a counterweight to China, and has been a permanent member of the Malabar naval exercise, also involving America to which it sent its largest helicopter carrier last year. Japan and India have also offered an alternative to China’s one belt one road strategy. Dubbed Asia-Africa growth corridor, the Indian and Japanese economic balancing initiative aims to build, just like OBOR, an infrastructure corridor, facilitating connectivity in the region. Though the intention has been to cynic Japan’s technological sophistication with India’s scale, the initiative has made little headway, and is more likely to be a victim of inherent bureaucratic lethargy in India, and economic pickiness of Japan.  

Also during the last week, an American naval ship, one of the many that came recently, arrived in Trincomalee port for a joint exercise. Those visits though modest are part of a broader American strategy to deepen its footprint in Asia Pacific, which it has re-christened as Indo-Pacific to highlight the strategic importance in the Indian Ocean region.   Sri Lanka cannot insulate itself from these systemic forces. They take their own course, with or without our participation. The only difference would be, if you shun systemic forces, you deprive yourself  even the remotest possibility to make use of them to advance one’s interests.   

Some local commentators tend to view this increased international attention as a disturbance to our idyllic solitude. Foreign policy pundits describe the government policy as an aberration of the traditional foreign policy of non-alignment. Naysayers warn that the government is auctioning strategic assets to foreign powers. Others forewarn Sri Lanka would become a Chinese colony. And no surprise, there are enough fools in this country to believe all of that.   

There are two ways to view the on-going power transition and fickle systemic conditions courtesy of China’s meteoric rise.  

Naysayers and traditional non-aligned types see a danger in this systemic uncertainty. Others of the realist pragmatism sense an opportunity . Sri Lanka should listen to the latter type. Unfortunately, we and many countries of similar cultural and colonial heritage are full of the former, who espouse the old garbage of an insular and reactive foreign policy as received wisdom . This foreign policy tradition which often went hand in glove with a far more disastrous economic policy of statism, sometimes dubbed a middle path, was the bane of much of the post independent colonial states. Their leaders from Nehru to Kenneth Kaunda, to Sirimavo, build a larger than life personal image at the expense of their countries, and left their people swollen bellied, miserable, often living in hand-to-mouth off the American food aid.   

However, the long association of this outlook with foreign service officials, politicians, and academia plus the inherent poverty of that ideology to reform, have blinded the foreign policy of those countries. Thus the rot is self-regenerating.  

On the other hand, countries such as South Korea, Taiwan, Singapore, Chile, that exploited those systemic conditions of the cold war, have not only secured their security, but also economic prosperity.  

China’s rise has also created unparalled systemic opportunities, unseen since the hey days of the cold war of the 1960s. And unlike the cold war rivalry, where two distinctive ideologies were at logger heads, the difference in the unfolding competition is much more nuanced. Liberal market policies have prevailed over the rest. And China is not keen on exporting its brand of political system. Its expansion is subtle and is primarily economic, though economic power is generally the reservoir of all other forms of power resources.  

China wants the countries to acknowledge its new found clout, and is willing to pay in gold for their solidarity - though its unremitting loan tap itself has created a debt trap when it is unleashed on states which lack internal economic accountability, like ex-President Mahinda Rajapaksa’s vestige projects have proved to be.  
However, it was also Mr. Rajapaksa who decisively exploited the systemic opportunity when it just emerged. Without that manoeuvering, we could still be looking for a lender for the Katunayake Expressway  or the Southern Expressway.  

It was also the Chinese interest in the island, and later the leasing of the Hambantota Port, that generated the international attention and their desire to pro-actively engage with Sri Lanka. Otherwise, this country was a backwater which, nobody cared. That lack of interest was hardwired to our proximity to India and India’s extended interest in its sphere of influence which none of the other major powers wanted to contest. However, for most part of its recent history, India has been abysmally poor, and not only did it reign over a sphere of partly self- inflicted poverty, it also prevented other countries from escaping poverty, as the Indian funded insurgency did to Sri Lanka just after Colombo embraced free market economic policies.  

The rising China is espousing revisionist grievances, simultaneously, while exerting its influence through an unrivaled infrastructure building binge across the world.

Mr. Rajapaksa broke that mould, and since then the Sri Lankan foreign policy has been much bolder.   

This does not mean that Sri Lanka should bandwagon with China. Nor does it, that it should shun the American, Indian or Japanese strategic interests in the island. The current power competition is nuanced to the extent that Sri Lanka can pick and choose where it can cooperate and where it would not. At the end, the emerging China-led economic system, if it ever materializes, would have more in similarity with the prevailing US led system than differences. Both are rooted in the free trade -- though China’s implementation of that may be problematic, those aberrations are more likely to wither way as the country socializes with the trading systems.  
Sri Lanka should also not overstate its strategic significance. Strategic importance of small countries is only to the extent that they are willing to play a role in the strategic power play. Sri Lanka should play that role with its long term national interest in mind. National interest for a country like Sri Lanka is first and foremost of its long-term economic wellbeing. Imaginary security implications of such economic interests should not be exaggerated. In the current international system, sovereignty is, by and large, given. Whereas, economic prosperity should be acquired through hard work and ingenuity.  

The greatest challenge for Sri Lanka in exploiting those systemic conditions to advance its national interest, is other than the Indian sensitivities, is its own internal lethargy and discord. Sri Lanka has failed to exploit the opportunities of trade integration. Proposed free trade agreements are mired in protracted and often pointless negotiations. Land acquisition and regulatory approval for infrastructure projects are painstaking to obtain. The government has failed to create a predictable environment for investment. Instead, it has gone back on a number of large-scale agreements, and has shown a serial addiction to re-negotiate agreements for an umpteenth time. Unless the country fixes this rotten internal system, Sri Lanka is more likely to be a mere observer of the current flow of systemic opportunities.  
Naysayers and traditional non-aligned types see a danger in this systemic uncertainty. Others of the realist pragmatism sense an opportunity . Sri Lanka should listen to the latter type. Unfortunately, we and many countries of similar cultural and colonial heritage are full of the former, who espouse the old garbage of an insular and reactive foreign policy as received wisdom . This foreign policy tradition which often went hand in glove with a far more disastrous economic policy of statism, sometimes dubbed a middle path, was the bane of much of the post independent colonial states. Their leaders from Nehru to Kenneth Kaunda, to Sirimavo, build a larger than life personal image at the expense of their countries, and left their people swollen bellied, miserable, often living in hand-to-mouth off the American food aid.   

However, the long association of this outlook with foreign service officials, politicians, and academia plus the inherent poverty of that ideology to reform, have blinded the foreign policy of those countries. Thus the rot is self-regenerating.  

On the other hand, countries such as South Korea, Taiwan, Singapore, Chile, that exploited those systemic conditions of the cold war, have not only secured their security, but also economic prosperity.  

China’s rise has also created unparalled systemic opportunities, unseen since the hey days of the cold war of the 1960s. And unlike the cold war rivalry, where two distinctive ideologies were at logger heads, the difference in the unfolding competition is much more nuanced. Liberal market policies have prevailed over the rest. And China is not keen on exporting its brand of political system. Its expansion is subtle and is primarily economic, though economic power is generally the reservoir of all other forms of power resources.  

China wants the countries to acknowledge its new found clout, and is willing to pay in gold for their solidarity - though its unremitting loan tap itself has created a debt trap when it is unleashed on states which lack internal economic accountability, like ex-President Mahinda Rajapaksa’s vestige projects have proved to be.  
However, it was also Mr. Rajapaksa who decisively exploited the systemic opportunity when it just emerged. Without that manoeuvering, we could still be looking for a lender for the Katunayake Expressway  or the Southern Expressway.  

It was also the Chinese interest in the island, and later the leasing of the Hambantota Port, that generated the international attention and their desire to pro-actively engage with Sri Lanka. Otherwise, this country was a backwater which, nobody cared. That lack of interest was hardwired to our proximity to India and India’s extended interest in its sphere of influence which none of the other major powers wanted to contest. However, for most part of its recent history, India has been abysmally poor, and not only did it reign over a sphere of partly self- inflicted poverty, it also prevented other countries from escaping poverty, as the Indian funded insurgency did to Sri Lanka just after Colombo embraced free market economic policies.  

Mr. Rajapaksa broke that mould, and since then the Sri Lankan foreign policy has been much bolder.   

This does not mean that Sri Lanka should bandwagon with China. Nor does it, that it should shun the American, Indian or Japanese strategic interests in the island. The current power competition is nuanced to the extent that Sri Lanka can pick and choose where it can cooperate and where it would not. At the end, the emerging China-led economic system, if it ever materializes, would have more in similarity with the prevailing US led system than differences. Both are rooted in the free trade -- though China’s implementation of that may be problematic, those aberrations are more likely to wither way as the country socializes with the trading systems.  
Sri Lanka should also not overstate its strategic significance. Strategic importance of small countries is only to the extent that they are willing to play a role in the strategic power play. Sri Lanka should play that role with its long term national interest in mind. National interest for a country like Sri Lanka is first and foremost of its long-term economic wellbeing. Imaginary security implications of such economic interests should not be exaggerated. In the current international system, sovereignty is, by and large, given. Whereas, economic prosperity should be acquired through hard work and ingenuity.  

The greatest challenge for Sri Lanka in exploiting those systemic conditions to advance its national interest, is other than the Indian sensitivities, is its own internal lethargy and discord. Sri Lanka has failed to exploit the opportunities of trade integration. Proposed free trade agreements are mired in protracted and often pointless negotiations. Land acquisition and regulatory approval for infrastructure projects are painstaking to obtain. The government has failed to create a predictable environment for investment. Instead, it has gone back on a number of large-scale agreements, and has shown a serial addiction to re-negotiate agreements for an umpteenth time. Unless the country fixes this rotten internal system, Sri Lanka is more likely to be a mere observer of the current flow of systemic opportunities.  

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