Editorial

Review the coerced Indo-Lanka Accord

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The visit by the Indian National Security Advisor Shivshankar Menon, a one-time High Commissioner in Colombo, was the umpteenth visit by an Indian diplomat from the days of G. Parthasarathy and Romesh Bhandari three decades ago to now, carrying New Delhis veiled directives on how the Government in Colombo must carry out its business. It is also significant, if significant can be, that the visit was on the eve of the 30th anniversary of the 1983 July race riots in Sri Lanka. That pogrom was a watershed in the countrys contemporary history; it turned the lives of people upside-down; it created a new Sri Lankans Diaspora who have carried out a relentless campaign against the state from outside its shores; and it has engrossed much of the countrys attention on ethnic issues, devolution of power, federalism and indeed spawned bloody insurgencies that have taken their toll for three long decades. That India was at the bottom of the Northern insurgency in Sri Lanka is now an acknowledged fact. That was aimed at destabilising its Southern neighbour seen then as pro-West. How roles have changed. Right now the Indian Finance and Commerce Ministers are in Washington wooing American investors. That pique played a major part in the then Indian Prime Ministers nod for Indias external spy agency RAW to fund and train a terror group to operate in Sri Lanka, given Indias personal relationship with Sri Lankas then leader, J.R. Jayewardene is a public secret. The Indian Government was not interested in a separate state in the North of Sri Lanka it had a limited agenda and for that wanted a cats-paw to irritate Colombo and gain a foothold in the North of the island. It was not entirely for reasons of good neighbourliness that India did not go the full stretch, unlike when it helped bifurcate Pakistan with the creation of Bangladesh. India feared a pan-Tamil link-up with its Southern state of Tamil Nadu which already had a history of separatist tendencies with a secession movement in the 1960s. Analysts believe that by 2009 when the Sri Lankan Armed Forces went all out to defeat the Indian-trained LTTE, events had overtaken one another; the most important being the assassination of Indian Prime Minister Rajiv Gandhi by the LTTE on Indian soil and his widow being the power- behind- the- throne in New Delhi. Indias honeymoon with the LTTE ended once the LTTE began shooting at the Indian Peace Keeping Force (IPKF). India was hoist on its own petard was what the cynics felt. With the assassination of Mr. Gandhi, the LTTE was banned in that country and by 2009, India had begun to revisit the line it ostensibly took all along the need for a political settlement in Sri Lanka by way of creating a semi-federal state like in India with Provincial Councils. India cared little if it was an efficient system of local government. Only that it gave the minority Tamils in the North and the East a degree of self-governance. From the perspective of Indias Southern detractors on the island, it was another approach to get a foothold in the North through a proxy as is the case today with the Tamil National Alliance (TNA).

Ever since these Provincial Councils were rammed down the countrys throat in 1987, almost all governments have tried to ward off Indian pressure to establish the Northern Provincial Council. For some time the LTTE controlled the Northern territories, but otherwise they have been Government-held. Even when the LTTE was eventually liquidated on the battlefields of the North-East, the North was under Government control. It is only now that this Government has capitulated into creating the Northern Provincial Council. It is ironic in that it is this Government that makes no bones about claiming the rightful credit for defeating the LTTE and ridding this country of the menace of terrorism in the North, South, West, East and central parts of the country. And it is not for any holistic reasons that the Government has decided to establish the Northern Provincial Council and hold elections there in September. Indias heavy hand in the decision-making was there for all to see. The new initiative by India has brought attention to the relevance of the Indo-Lanka Accord of 1987, the forerunner to the 13th Amendment to the Sri Lankan Constitution and the Provincial Councils that followed. The Minister in the Indian Prime Ministers Office was on record last week saying that this Accord cannot be abrogated unilaterally by any one party and if Sri Lanka wants any changes, it will have to re-negotiate the provisions. Counter-arguments from this side of the Palk Straits say that 1) India never fulfilled its obligations under the Accord to de-fang the LTTE and thus Sri Lanka need not fulfil its, and 2) that the Accord was signed under duress and therefore, is null and void. International law experts would say that abrogation of bilateral agreements can be a compact problem. Some treaties have a termination clause. It seems this Accord does not. In that case, a party that wishes to abrogate it unilaterally must fall back on the general principles of treaty law, spelt out in the 1969 Vienna Convention on Law of Treaties. There are a number of grounds it could be done, that the Government must surely explore, including coercion. The threshold is high, but for instance, when Germany got Czechoslovakia to sign the 1938 treaty transferring Sudetenland to Germany threatening war, it was later considered null and void. No doubt there could be geo-political consequences in abrogating the Accord unilaterally, consequences Sri Lanka, given its present disposition, may not be confident enough of facing. But going by Indias own argument, it might be time for Sri Lanka to review the so far dormant Accord and begin the process of re-negotiating it with a view to revamping the Provincial Council system in the greater interest of this countrys local administration. Clearly, there is thinking in that direction. But the Ministry of External Affairs is left out in the cold in Indo-Lanka relations. It has a South Asia desk with a Deputy Director but is hardly consulted. Its desk heads are not even taken to New Delhi, or for that matter present when important talks are held in Sri Lanka as was the case with the visiting National Security Advisor. Unlike with the relationship between the Indian bureaucracy and its politicians, in Sri Lanka everything is a political decision. When the Indian dignitary came, there was no note-taking on the Sri Lankan side and it is a case of going from one blunder to the next without any archival record of previous meetings.

The result is that the President has got himself and the country into a submissive position vis-vis India due to the Governments domestic human rights, good governance record and its international obligations; something India is vigorously capitalising on towards its end-game.

Columns
Foreign policy a gamble: Lankas future like a horse race
By Our Political Editor

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Menons tough line puts ties with India at low ebb; Government has no clear-cut strategy TNA insists it wont take part in the PSC, Sampanthan pushes for Justice Vigneswaran as CM candidate If free and fair poll is not held to the NPC, New Delhi may downgrade delegation to CHOGM

President Mahinda Rajapaksa engaged in some light-hearted banter at Thursdays weekly meeting of Cabinet ministers. He told them he had heard that Opposition Leader Ranil Wickremesinghe had told Indias National Security Advisor (NSA) Shivshankar Menon during talks in Colombo this week that the United National Party (UNP) would do everything within its means to prevent any changes to the 13th Amendment to the Constitution. From the account he had heard, he said, Menon had replied that you are doing what we should do. Rajapaksa said laughingly that if people got to know what Wickremesinghe had said, it would be counterproductive to both him and his party. That no doubt was a cynical remark. Yet, Wickremesinghe has not made any formal public comment on moves to change the 13th Amendment. Not since the Government made moves to amend some of its provisions. The furthest he has gone is to sign a public petition outside the Fort Railway Station on July 3 urging the Government not to change the amendment. That was organised by the Vipakshayey Virodaya or Oppositions Protest, a grouping which comprises the UNP and less influential political parties. Other than that, Wickremesinghe told party trade union activists on Wednesday that the Government must act to solve the peoples problems. Even though the Government has set up a Parliamentary Select Committee (PSC) to discuss the 13th Amendment, it is not prepared to talk to the people about an internal issue of this country. Instead it is sending Minister Basil Rajapaska to New Delhi to discuss with the Government there. We have nothing to talk with a Government that forgets the people of this country. After the Government has discussed the amendment with India via Basil Rajapaksa, why is it inviting us to hold discussions?

After a lengthy discussion, President Mahinda Rajapaksa and visiting Indian National Security Advisor Shivshankar Menon had still more to say to each other as they came out of a chamber at President's House. Picture courtesy Lankadeepa

This development came in a week where diplomatic battle lines between Sri Lanka and India became more apparent and even defined. It was the result of a two-day visit to Colombo by Menon. A former High Commissioner to Sri Lanka, Menon holds cabinet rank in the Indian Government. Though his visit was expressly for the periodic tripartite discussions New Delhi, Colombo and Male conduct over maritime security, the focus was more on his talks with UPFA leaders. That related to moves by the Government to change the 13th Amendment. As exclusively revealed in these columns in the past weeks, such changes will not come this year, and definitely not before the Northern Provincial Council (NPC) elections. Though not much publicised, Menons engagements brought to the fore some significant nuances. It made clear that India wanted to deal directly with the key UPFA stakeholders responsible for the countrys governance President Mahinda Rajapaksa, Economic Development Minister Basil Rajapaksa and Defence Secretary Gotabaya Rajapaksa. There were no bi-lateral meetings scheduled with External Affairs Minister G.L. Peiris. In other words, the External Affairs Ministry (EAM) that conducts the countrys foreign relations had no role and was not the centre of any influence or power. Nor did New Delhi recognise it that way. India had previously dealt with a troika Basil Rajapaksa, Gotabaya Rajapaksa and Lalith Weeratunga leaving Peiris and the EAM out of the equation. Most significant among the meetings was the one on Tuesday at Janadipathi Mandiraya (Presidents House) with President Rajapaksa. Taking part in the meeting were Presidential Secretary Lalith Weeratunga, Minister and Eelam Peoples Democratic Party (EPDP) leader Douglas Devananda, External Affairs Minister Peiris, EAM monitoring MP Sajin de Vass Gunawardena, and Prasad Kariyawasam, Sri Lanka High Commissioner in New Delhi. Menon was accompanied by Indian Prime Ministers Office Director Manu Mahavar, High Commissioner Y.K. Sinha and Deputy High Commissioner P. Kumaran. Menon, according to diplomatic sources in Colombo, clearly but politely spelt out Indias serious concerns and sounded a strong note of caution that Sri Lanka would have to be responsible for what follows when changes are made to the 13th Amendment. That was the essence of his message and amounted to a demarche. The seasoned diplomat, these sources said, explained

it was Indias position that the 13th Amendment was the result of the Indo-Sri Lanka Accord, one between two sovereign governments. The Indian Government has declared that one could not change it unilaterally without consulting the other. He was to convey Prime Minister Manmohan Singhs concerns over the issue and hand over to Rajapaksa a message from him. An Indian High Commission statement at the end of Menons visit, among other matters, noted that he conveyed to the Sri Lankan leadership the Government of Indias views on the recent political developments and called for an early political settlement and national reconciliation through the meaningful devolution of power so (sic) to ensure that all citizens of Sri Lanka, including the Tamil community, would lead a life marked by equality, justice, dignity and selfrespect. The punch point was a reference in the statement that Menon emphasised the need for adhering to the commitments made by the Sri Lankan Government to India and the International Community on a political settlement in Sri Lanka that would go beyond the 13th Amendment. The statement added that elections to the Northern Provincial Council would be held in a free, fair and credible manner. Reminding Sri Lanka of the commitments made underscores New Delhis insistence that it would disapprove of any changes to the 13th Amendment. This is even after a PSC makes recommendations. India would also view such unilateral action as contrary to the Indo-Sri Lanka Accord of 1987. Needless to say, the issue can become the major irritant that could provoke a head-on diplomatic confrontation between Colombo and New Delhi. The consequences of such a situation could be serious in many respects. For the Government side, there was a marked change of mood. If on previous occasions during talks with visiting Indian dignitaries President Rajapaksa was not outspoken, this time he was. He explained to the visiting Indian envoy the difficulties in retaining police and land powers with Provincial Councils. A source at the talks said he referred to the recent terrorist attack at Buddha Gaya in India. He pointed out that the centre had devolved police power to the states in India. However, despite advance intelligence warnings from the centre, the state police was unable to take action to prevent one of Buddhisms holiest places from being bombed. A story posted on Governments official website (news.lk) said, The President agreed with Menon that the participation of the Tamil National Alliance (TNA) in the PSC is important. It is a top priority of the Government to reach a consensus on the 13th Amendment, President Rajapaksa said. The President also urged India to encourage the TNA to participate in the PSC and stated that the Government is committed to taking the process forward despite any obstacles. The need to have the TNA take part in the PSC assumed even greater significance after the Menon visit. Even as Menon was talking to Rajapaksa, the 18 Ministers and a Deputy who form the PSC met in a Committee Room in Parliament that Tuesday morning to discuss how they will set about with their business. Chairman Nimal Siripala de Silva announced that the Committee should strive to complete its tasks within six months and forward its recommendations. This will mean no constitutional changes will take place till early next year. The PSC has invited representations from persons, organisations and political parties before August 9. The PSCs task, officially defined, is to make recommendations for appropriate political and constitutional measures to (a) ensure that all the people will preserve and promote their respective identities and live with dignity and security as one region (b) enhance the unity of the people of Sri Lanka, and (c) empower the people and the country to promote social, economic, political and cultural development. What will evolve as a result of these broader terms of reference will no doubt replace provisions that now exist in the 13th Amendment.

Proceedings of the PSC, according to parliamentary rules, cannot be reported by the media. Minister Wimal Weerawansa, leader of the National Freedom Front (NFF), told a meeting of his party supporters that he had urged the PSC to complete its task within the specified timeframe and resist moves to drag proceedings beyond the six-month limit. The deadline would be counted from the day the Committee holds public sittings. There were occasions in the past weeks when the UPFA leadership was gung-ho on rushing through an Urgent Bill in Parliament to amend the Constitution. However, on Friday morning, President Rajapaksa made another last minute bid, after the Menon visit, to persuade the TNA to take part in the PSC. He had a meeting at the Janadipathi Mandiraya with TNA leader Rajavarothayam Sampanthan. We met at the Presidents request and discussed a range of issues including the present political situation, the national question, issues relating to the 13th Amendment and the conduct of a free and fair NPC poll, Sampanthan told the Sunday Times. Present at the discussion were External Affairs Minister Peiris and Presidential Secretary Weeratunga. Government sources said Rajapaksa told Sampanthan that instead of making representations to India, the TNA should have done so to him. He said he had mentioned this to Menon too. I will do what is best for the country. Please tell the people the truth. You must come to the PSC. I want to find a solution to the national question through the PSC. Dont tell me thereafter that you all were not consulted, Rajapaksa added. The same sources confirmed that the release of those in custody in the north, reduction of the Armys presence there, a demand made by the TNA, and land acquisition issues were also discussed.

A statement issued by the TNA said, The Leader of the Tamil National Alliance (TNA) Mr. R Sampanthan met with His Excellency Mahinda Rajapaksa this (Friday) morning at the

Presidents invitation. Minister for External Affairs, Prof. G L Peiris and the Secretary to the President Mr. Lalith Weeratunga were also present. The President expressed his desire to solve all outstanding issues relating to the National Question. Mr. Sampanthan reiterated the TNAs commitment to the evolution of an acceptable, workable and durable political solution within the framework of a united undivided country. Amongst other matters discussed were issues pertaining to land, the need for people to resettle on all land earlier occupied by them, the need to minimise the military presence and confine the armed forces to the barracks, release of political prisoners and the conduct of a free and fair polls for the Northern Provincial Council. The discussions were cordial. Despite the meeting with Rajapaksa, TNA sources said yesterday the alliance would not take part in the PSC. They insist that their talks should first be with the Sri Lanka Freedom Party (SLFP), the majority partner in the UPFA. Once a blueprint evolves from these talks, it should be used as the basis for discussion at a Parliamentary Select Committee. A lengthy TNA statement on its non- participation also said, . The TNA resisted pressure to join the Parliamentary Select Committee (PSC) to bring about constitutional reforms until a clear agenda for the Committee was set. The agenda of the Government is now clear to us. It moves to incrementally water down the already-limited provisions of the 13th Amendment: first, by rendering the PC List superfluous; second, by restricting the freedom of peoples to determine administrative boundaries through Parliament; and finally, by removing all constitutional provisions on the devolution of land and police powers. There is no doubt that the proposed PSC will be the vehicle to achieve the above objectives. We also note that Professor Tissa Vitharana, who headed the APRC and who kept inviting us to the PSC from 2011, has been left out of the PSC. Minister Rauff Hakeem, who told the Indian Parliamentary delegation last year that he will act as a bridge between the Government and the TNA at the PSC deliberations has been left out; and Minister Rajitha Senaratne, who invited the TNA to confidently come into the PSC on the basis that he would support us, has been left out of the PSC. Finally we wish to state that in the absence of any Opposition Member of Parliament, this PSC will be nothing but a sub-committee of the Government Parliamentary Group and not a Parliamentary Select Committee and will have no credibility whatsoever. The absence of any opposition representation in the PSC, particularly those from the TNA, has set a poser for the UPFA leadership. In reality, it is a Government Parliamentary Select Committee (GPSC) that is examining alternatives to provisions in the 13th Amendment. If the TNA did agree to take part, the UNP would have followed suit. However, its absence has raised issues over how credible the GPSC recommendations would be. It could be argued that they are unilateral and were entirely the views of the Government side. Close advisors of President Rajapaksa examined the prospects of a national referendum to seek public endorsement. Though it was pointed out that a majority vote in support of the proposed constitutional changes could be obtained from the South, it would be different in the North and East. The majority in these two provinces, for whom the constitutional changes are meant, would reject it. Hence the idea of a referendum that would create the impression that the majority was imposing its will on the minorities was dropped, at least for the time being. Menon had separate meetings with Basil and Gotabaya Rajapaksa. Within hours of his arrival, he met members of the TNA at the Taj Samudra Hotel in Colombo for a lengthy discussion. Leader Sampanthan told the Sunday Times, He (Menon) told us that the Indian Government disapproved of any move to tamper with the 13th Amendment. He said Sri Lanka should honour its commitments to both India and the International Community. Sampanthan said Menon wanted a second meeting with the TNA if the need arose after his dialogue with President Rajapaksa. However, there was no such requirement, he added.

Menons meeting with a Sri Lanka Muslim Congress (SLMC) delegation led by Minister Hakeem also centred largely on proposed changes to the 13th Amendment. It is unfortunate that the changes are being looked at from an ethnic perspective, remarked Menon. Hakeem was to tell him that it had come amidst moves to hold NPC polls and did not augur well. He has said instead of decentralisation the Government was now embarking on centralising all aspects of governance. Here again, Menon was to make clear that India was firmly opposed to any changes to the 13th Amendment that is carried out unilaterally. He had said it is not in the best interests of Sri Lanka. Menon, for the second time renewed Indias invitation for a delegation from the SLMC to visit New Delhi and meet Indian leaders. The first was extended by Indias former High Commissioner in Sri Lanka, Ashok Kantha during the events that followed External Affairs Minister Salman Khurshids telephone call to his counterpart G.L. Peiris. It was to urge that no changes be made to the 13th Amendment. The second was made by Menon. We have no plans for an SLMC delegation to travel to India now. We did receive both invitations but have made our position clear during talks in Colombo. There is no need to go now, Hakeem told the Sunday Times. The SLMC delegation complained to Menon that in the Ampara District where the Congress had considerable Muslim support, a Cabinet minister has vetoed Indian housing projects there. India has offered to construct 3,000 houses for internally displaced persons in this district. They claimed that the preclusion had been made without prior consultation with the SLMC. It has been a standard procedure for visiting Indian dignitaries to brief Colombo based Indian media representatives on what transpired during their visit. Alas, from the Sri Lankan side, there is no such briefing to articulate the role played by the President or other Government representatives. Thus the message of both the President and his Government seldom reaches out to the public in any forceful way. Only sketchy news releases posted on Government websites tell their story. Even the few news releases are circulated selectively leaving out some local and foreign correspondents. In this backdrop, the official position was only spelt out by Minister Keheliya Rambukwella at Thursdays news briefing, usually meant to announce Cabinet decisions. It is no secret that the Ministers assertions, sometimes contradictory, raise more questions than answers. They pose questions of credibility too. Here are excerpts of a Q and A on Thursday: Journalist: India is expecting a solution beyond the 13th Amendment. What is the position of the Government? Keheliya: We have appointed a Parliamentary Select Committee. They have to hear representations and make recommendations. J: President Rajapaksa has told Shivshankar Menon that police and land powers cannot be given in a small country like Sri Lanka. What is the Indian reaction to this? K: They have not expressed their views on that. Their expectation is to go beyond the 13th Amendment. India is asking even the TNA to come to the PSC. J: But, the Opposition is not taking part in it. K: We cannot bring them by force. This is one tool in the democratic process. If they do not come, they are not interested in it. J: There are issues about the composition of the PSC. The SLMC has not been included. The former APRC Chairman Tissa Vitharana has not been included. He has been involved in the process of reconciliation for a long period. The TNA says how they can have trust in the PSC. K: Because you raised it, I will mention something. There is no rule that we should bring someone who has been in the process for long period, but failed to bring a solution to the issues.

J: The Leader of the Opposition has said that the 13th Amendment is an internal question which has been discussed with another country. K: It is the opposition which runs to Geneva even if their members develop a common cold. When Opposition Leader Ranil Wickremesinghe visited Balapitiya, there was problem. He said that if an inquiry was not held, he would take up that issue in Geneva. For us, this is a question which is closely connected with India. There is no doubt about that. It is good to take the stand that we should have an internal solution. But the situation should be conducive to that. If we try to find an internal solution, the Opposition then raises the matter with the International Community and even with the NGOs. They have the opportunity to come to the PSC. It seems they have no interest in coming there. J: Why does not the Government go for a referendum? K: The first things are for the parties to take part in the PSC. Thereafter, they should decide whether a referendum is required. J: This is a one sided PSC. K: What can we do about that, if the opposition opposes it? J: But, wouldnt a referendum have been better? K: A proposal to that effect should come from the PSC. We cannot go beyond the PSC. For both the TNA and the SLMC, there have been other preoccupations too this week. The Alliance wrote to Elections Commissioner Mahinda Deshapriya requesting him to ensure there were both local and international monitors from the date when nominations conclude until polls are over. TNA leader Sampanthan said that in addition to writing, a verbal appeal has also been made to the Commissioner of Elections by TNA members. We made clear we want to see a free and fair poll, he said. Another issue for the TNA was a decision on a Chief Ministerial candidate. Sampanthan is strongly backing C.V. Vigneswaran, a retired Supreme Court Judge. At a hotly debated TNA meeting on Thursday evening, Sampanthan pleaded for a man of higher stature like Vigenswaran to be named to ensure greater acceptability both locally and abroad. In marked contrast, some members are urging the appointment of parliamentarian Mavai Senathirajah. The meeting was resumed again on Friday evening but no decision has yet been made. For the SLMC, there were issues in the Eastern Provincial Council. Its members together with some from the UPFA were seeking the removal of the Governor, retired Vice Admiral Mohan Wijewickrema. Ruling party members of the Council were summoned for a meeting with President Rajapaksa. It was held at the Presidents House in Kandy last night. The outcome of the Rajapaksa-Menon talks, contrary to earlier belief, does cast some doubt on the smooth conduct of the Commonwealth Heads of Government Meeting (CHOGM) in Colombo in November. The foremost question would be whether Indias delegation would be at the highest level with Prime Minister Manmohan Singh taking part or downgraded to one headed by a minister. A lot will depend on the outcome of the NPC polls, says a diplomatic source who spoke on grounds of anonymity. If the elections turn out to be credible, free and fair, there is every chance of a high level delegation. This is based on the widely accepted perception that the TNA would be the winner in such a situation. However, developments in the coming months could shape what will follow, the source said. The more developments there are on matters related to changes on the 13th Amendment, the more it is becoming clearer that the UPFA leaders have embarked on a task without a clear-cut strategy. This has forced them to blow hot and cold during different times. In the process, relations with India have hit the lowest ebb. The External Affairs Ministry has driven itself, or been driven by the Executive Presidency to the graveyard of the silenced. It has proved that there is little or no role by it on matters that concern the countrys foreign relations. Seasoned

local diplomats say the Ministry is now only a playground for postings and transfers from a head of mission to the lowest officer where a politician is calling the shots. With ad hoc measures becoming the key tool of foreign policy, the measures adopted are prompted more by impulsive gambles than a studied approach. Hence forecasting what is ahead is like betting on a horse race. One may win or lose. That speaks for the country too.

Columns
Change economic policies drastically and urgently
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The six and a half decades since independence have been characterised by economists as one of missed opportunities. The end of the war in 2009 was considered another opportunity for an economic resurgence. As in the past, the four years since the war ended has proved to be another missed opportunity: an initial expectation turning sour.

Premachandra Athukorala, professor of economics at the Arndt-Corden Department of Economics, College of Asia and the Pacific, Australian National University, made an analytical assessment of Sri Lankas economic performance. He demonstrated the need for change in economic policies to cope with the global challenges when delivering the Prof. H.A.de S. Gunasekera Memorial Oration at the University of Peradeniya on Friday. He said Sri Lanka must change its economic policies drastically and urgently to cope with the huge development challenges. The end of the ethnic conflict in Sri Lanka in 2009 generated widespread expectations of a period of sustained economic growth, building on the achievements of the liberalisation reforms sustained over three previous decades. However, recent developments have dampened that optimism, rekindling fears that Sri Lankas tale of missed opportunities may continue, is a succinct synthesis of Prof. Athukoralas analytical paper amply supported by statistical analysis, policy pronouncements and the unfolding experience. Return to failed policies Prof. Athukorala demonstrated that the economic performance over the past decade indicated a return to the failed past policies of inward-oriented development strategies. These policies, he said do not offer viable solutions for the problems confronting Sri Lanka a small, capital-and resource-poor country in todays globalised world. Sri Lanka, he emphasised, must change its economic policies drastically and urgently to cope with the huge development challenges. It would be a tragedy if Sri Lanka were to forget the bitter lessons of the past. It is no longer the pioneering liberalising country of the late 1970s. It is

now forced to compete for foreign investment and export markets with the giant labour rich economies of China and India, as well as with countries such as Vietnam and Bangladesh. He reminded us that Sri Lanka faces a global economy that is in deeper trouble than at any time since the 1930s. In these difficult circumstances, there is no longer room anymore for using the state as the employer of last resort. The country must face up to these hard realities to prevent a slide into economic deceleration. Economic statistics are often falsely interpreted to paint a rosy picture of the countrys economic performance. Such interpretations lead to complacency and inaction and are stumbling blocks to corrective action. One such statistic bandied about is the doubling of per capita income. Despite economists pointing out the fallacy of this due to the money illusion, the countrys economic performance is interpreted as a spectacular achievement as it has doubled per capita income in a short period.

Prof. Athukorala pointed out that the doubling of per capita income in current US$ terms during this period partly reflects domestic inflation and artificial stability of the exchange rate of the Sri Lankan rupee against the dollar. When the data are expressed in real (2000) prices in order to allow for these factors, the increase in per capita income in 2010 (US$ 1240) was only 30% higher than that in 2004 (US$ 959). Similarly, the causal factors for the decline in employment are ignored. Prof. Athukorala said that the decline in the unemployment rate was partly due to an increase in public sector recruitments and increase in overseas employment of Sri Lankans. In a dramatic reversal of the contraction in the size of the public sector workforce maintained over the previous decade, total employment in the public sector increased from around 900,000 (11.1% of the total labour force) in 2005 to over 1.2 million (14.%) in 2012 (Ministry of Finance 2013). Over the past ten years (2002-2012), he said on average a quarter of a million Sri Lankans have been leaving annually for overseas employment, with the number increasing every year. The total number that left during 2008-2012 was 1307 thousands, up from 1078 thousands

during the previous five years (Ministry of Finance 2013). A tentative estimate suggests that the total stock of Sri Lankan overseas contract migrant workers had reached 2 million by 2011, amounting to over 14% of the total working-age population of the country. External payments The external finances position continues to be characterised as favourable. The facts, however, do not warrant much optimism. The external payments position of the country has deteriorated over the past three years. The trade deficit, which had come down 7.4% of GDP in 2009 from over 10% during the previous five years, increased to a historical high of 15.8% in 2013. Exports as a share of GDP declined from 30% in 2004 to 17% in 2010, while imports continued around 35% of GDP. In 2012, total imports were double the size of export earnings. Limited trade restrictions were not sufficiently effective to address the widening current account deficit even in the short term. Despite these glaring facts, the public are told that the external finances are strong. The adequacy of the countrys external reserves is a controversial issue. Prof. Athukorala points out: By 2012, total gross official foreign reserves (US$ 8.6 billion) were adequate to cover 5.4 months of imports. However, according to the IMF estimates net reserves (after netting out short-term borrowings from gross reserves) amounted to only 4.1 billion or 2.6 import months. He makes the pertinent point that import-month equivalent is not an appropriate indicator of reserve adequacy given that the country has now integrated into global capital markets through foreign borrowing..What is required is to assess the reserve levels in relation to the volume of short-term foreign-currency liabilities. reserves as a percentage of the volume of accumulated short-term debt is by far the most appropriate indicator of reserve adequacy. This measure, which he calls the reserve adequacy index (RAI), has declined from 143.5 per cent in 2010 to 85 per cent in 2012, when gross reserves are used as the reserves are measured in gross terms. When the IMF figures of net reserves are used in the calculation, the comparable figure for 2012 is just 41%; the end-of-year reserves in 2012 was adequate to cover only 41% of the existing volume of accumulated short-term foreign debt (volatile capital). Several unsatisfactory indicators in external finances and public finances clearly show the weaknesses in the economy. Main thrust The main thrust of Prof. Athukoralas oration was that the market-oriented policy reforms initiated in 1977 led to far-reaching changes in the structure and performance of the Sri Lankan economy. He emphasised that what has been achieved in Sri Lanka under liberalisation reforms occurred while the civil war persisted for much of the period. In addition to its direct debilitating effect of political risk on investor perception, the civil war constrained capturing the full benefits of economic opening through delays and inconsistencies in the implementation of reform process and macroeconomic instability emanating from massive war financing. In this context, the Sri Lankan experience can be explained as the outcome of trade liberalisation that increased the potential returns to investments, which apitalize on the countrys comparative advantage. Despite political risk and policy uncertainty, rapid export growth was consistent with this policy configuration as it ensured a handsome profit in labour intensive export production, which is usually characterised by a short payback period in a labour abundant economy. Interestingly, the Sri Lankan experience over the past three decades has clearly demonstrated that an outward-oriented policy regime can yield a superior development

outcome compared to a closed-economy regime, even under severe strains of political and macroeconomic instability. Recent policies Prof. Athukorala points out that: Viewed against this backdrop, recent developments in the Sri Lankan policy scene do not augur well for the future of the Sri Lankan economy. After showing remarkable resilience during decades of war and conflict the Sri Lankan economy has failed to capitalise on the window of opportunity presented by the end of the military conflict. Sri Lankas tale of missed opportunities continues. The oration was a comprehensive analysis of the countrys performance that should be read by the countrys policy makers and all those interested in an authoritative assessment of the economy. They must heed his advice that: Sri Lanka can benefit from continuing growth in the Asian region, only if it can articulate and implement a development strategy that enables it to leverage its comparative advantages, attract investments and participate in international production networks to generate productive mass employment. Policies based on the past paradigm of inward oriented, state-centred and directed economic development offer no viable long term solution to the huge challenges facing Sri Lanka or other small, capital and resource poor countries.

Columns
Playing a game of smoke and mirrors again
View(s): 384

At first blush, recent actions of the Mahinda Rajapaksa administration on Sri Lankas abysmal governance front may cause some who are apt, (or at least pretend thereto), to wear rose coloured lenses to proclaim that there appears to be glimmerings of hope on the horizon. A misplaced optimism

One specific development cited in that regard is the indictment of twelve Special Task Force (STF) personnel for the crime of extra-judicial executions of five students in Trincomalee in 2006. Another oft quoted reason is the holding of provincial council elections in the North and the apparent discarding (for the moment) of government plans to dilute the 13th Amendment to the Constitution.

In the background, other promises including a proclamation that more recommendations of the Lessons Learnt and Reconciliation Commission (LLRC) will be included for implementation, jostle each other for a place at this eminently farcical game. Yet this rhetoric only amounts to engaging in elaborate exercises of smoke and mirrors, designed to obscure an adamant and unchanged government will which refuses to genuinely change for the good of the country, minorities and majority alike. There is no shift in extraordinarily regressive government policy. Instead, there are isolated reactions merely designed to form a propaganda backdrop for several events prioritized by the Government. Foremost among this is of course, the forthcoming Commonwealth summit which this administration desperately wishes to hold with Indian blessings. As analysts concur with little dissent, this is the sole reason why elections are being held in the North under the 13th Amendment which is hanging on by a thread, as it were. Hard core LLRC recommendations un-implemented And as was observed in last weeks column, the indictments in the Trincomalee killings are a mockery as to what the actual prosecutorial process in that case should have been. The perpetrators were clearly identified not long after the incident but were protected since then. The indictments of these twelve individuals do not promise justice. Investigations into the killings of the sixteen aid workers in Mutur that same year do not promise any better. These incidents merely signify the start of a farcical process at the close of which, even if some convictions are arrived at, the conclusions will do little to dent the corrosive pattern of impunity for state abuses which this administration enjoys in perpetuating. What will actually bring about a change is implementation of the hard-core recommendations of the LLRC which includes de-linking the Ministry of Defence run by the Presidents brother from the Department of the Police and the enactment of a Right to Information law. Both of these recommendations are however scrupulously ignored by this administration which prefers to focus on the flakier aspects of the LLRC report. This is for good reason. Taking away the Defence Ministry control over the police would deprive government henchmen from enforcing their political will on the police. The recent killing of a senior planter in Deraniyagala, allegedly after being assaulted by a government politician and his goons, has raised huge concerns among the planting community leading to unprecedented public statements. Members of the victims family have alleged that the killing took place with the collusion of area police officers. The victim was killed due to his protests at illegal activities being engaged in by the politician. Perhaps he should have kept quiet like many Sri Lankans now are wont to do. But clearly this was a man who thought differently and paid for it with his life. Waste of unproductive commissions What the public sees however in this case is a mere routine transferral of the police chief. Ludicrously, the National Police Commission (NPC) which was busy this week celebrating its moving to spanking new premises, which we would assume would also have involved considerable financial allocation, could only announce that it needed a complaint to intervene in the matter as the daily newspapers reported this Saturday. This was purportedly according to be on their guidelines. The absurd nature of this excuse can only be deplored. The NPC is the master of its own procedures and if its guidelines prevent it from taking suo moto action on newspaper articles,

then those guidelines ought to be amended. Wide ranging Rules of Procedure for Public Complaints were put into place by an NPC, which was not as emasculated as its current successor, (Gazette No 1480/8 2007 January 17). And if one recalls correctly, these Rules did indeed provide for instances where suo moto powers could be invoked by senior officers of the special unit established for that purpose. Despite all that effort however, the Rules remain a waste of the paper on which they were gazetted. As stated previously in these column spaces, it would be better to disband a useless NPC following the 18th Amendment to the Constitution rather than continue to waste public funds on its puerile functioning. Similarly the members of the Bribery or Corruption Commission, which has tied its own hands in regard to the gargantuan corruption in government ranks but chases after an impeached Chief Justice veritably as if their very lives depended on the same, would be better advised to stay at home. Meanwhile the less said the better of the National Human Rights Commission which is now engaged in a mirth provoking dance with the Commonwealth Secretariat to hold trainings in the hope of regaining its lost accreditation at the international level. Sri Lanka may have fooled some for a number of years with this nonsensical parade of useless commissions but that time is long gone now. We are worse off now than in 2010 Apart from the Commonwealth summit, preparing for other equally important eventualities such as re-application for the European Union GSP Plus scheme during the coming year comes equally high on the government agenda and significantly so given the dire straits that the Sri Lankan economy is plummeting to. Yet, if this administration is intending to re-apply for EU GSP Plus for next year, we are far worse off than in 2010 when the GSP Plus facility was refused, sending the countrys garment sector in particular into the doldrums. Then, Sri Lanka lost this facility because it failed to demonstrate effective implementation of its obligations under the International Covenant on Civil and Political Rights (ICCPR), the Convention against Torture (CAT) and other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention on the Rights of the Child (CRC). Specifically, the failure to effectively implement the 17th Amendment to the Constitution, the lack of independence of the constitutional commissions, the demonstrated ineffectiveness of the criminal justice system and the politicization of the police investigative function were in issue. Can we honestly say that any of these matters have been resolved? In fact, they have only got worse with the enactment of the 18th Amendment to the Constitution. Emergency legislation which overrode the Constitution and created vague criminal offences undermining fair trial rights was a key negative issue then. This has not changed now. The lapsing of the emergency laws has made no difference as the prevention of terrorism regime continues, applying to even ordinary penal offences as we saw in the arrests of policemen Vaas Gunewardene and politician Asath Salley. Loss will continue to be on the people The earlier GSP Plus review found that Sri Lankas national laws did not satisfy international standards not only in theory but also in practice. Our judicial and administrative infrastructure was found to be neither adequate nor effective. Three years later, the impeachment cum witchhunt of the countrys 43rd Chief Justice and the consequent profound instability of Sri Lankas judicial and legal institutions has only made that situation far worse. There is no escaping that fact, however much welcome ribbons are cut by the incumbent at official functions amidst spine chillingly hypocritical rhetoric on safeguarding the Rule of Law.

Then, the Government could have gained much more in the interests of the country and the apparel industry by genuinely putting its house in order and not losing a valuable privilege which the EU was only too willing to give on the barest of practical guarantees. But the Government refused to do so. This time around and apart from engaging in these games of smokes and mirrors, no such genuine intention appears to be evidenced, yet again. The loss will only be to Sri Lanka and this unfortunate citizenry no doubt.

Columns
COPE head, Opposition call for better paid, powerful AuditorGeneral
By Chandani Kirinde, Our Lobby Correspondent

Three other officials within the dept. draw higher salaries than its head View(s): 294

While Parliament last Wednesday approved a salary of Rs 48,940 for Auditor-General (A-G) H.A.S. Samaraweera, Opposition legislators argued strongly for a better salary for a person holding the top post of one of the most important State institutions, while there were also calls to strengthen the powers given to the State auditor.

Several Government members including Chairman of the Parliament Committee on Public Enterprises (COPE) Senior Minister D.E.W. Gunasekera too argued for a better salary for the AG, stating that, heads of almost all State institutions audited by the Department, draw higher salaries than the A-G. He said, he agrees with Opposition MPs that the salary given to the A-G is inadequate, and in the COPE Report to be submitted to Parliament on July 23, recommendations have been made to address the issues of better salaries for officials in the AG Department. It is reports submitted by the A-G that are scrutinised by COPE and then used to make inquiries regarding financial irregularities and mismanagement in State sector institutions. Minister Gunasekera said that the ultimate responsibility of control over State finances rests with Parliament. It is not the President who is responsible for the finances of the country, but all of us, both in Government and Opposition, who are responsible for ensuring that the expenditure of every cent of public funds is accounted for, he said. UNP Gampaha district MP Karu Jayasuriya who took part in the debate, said that it is regrettable, that in some quarters, the reports of the A-G are not taken seriously enough. We

have seen gross abuse of funds by some government departments, Provincial Councils and Local Government institutions, and even though they are highlighted in the Audit reports, they are forgotten after some time, he noted. One aspect that both Minister Gunasekera and UNP National list MP Eran Wickramaratne noted was that, the fact that within the A-G Department itself, there are three other officials that draw a higher salary than the person who heads the institution. These salary discrepancies must be done away with, and because of this shameful situation, we are undermining an important institution in the eyes of the public, he said. The UNP MP also said that, as it is a constitutionally appointed post, the Speaker of Parliament should intervene to ensure that such alimonies are settled. UNP Colombo District MP Ravi Karunanayaka said that failure to pay an adequate salary to the A-G, while auditors in the private sector draw handsome salaries, only undermines the Department. We are leaving the room open for irregularities to take place in the A-G Department by this kind of treatment, he added. Environment and Renewable Energy Minister Susil Premajayanth who introduced the motion to the House, said that the A-Gs salary has to be decided upon under Article 152 of the Constitution, and was done in keeping with the salary structures for public officials. Meanwhile, the first meeting of the Parliamentary Select Committee to recommend and report on political and constitutional measures to empower the people of Sri Lanka to live as one nation, was held on Wednesday. The meeting lasted about 45 minutes, and it was decided to call for public representations to the committee. for which. time has been given till August 9.

5th Column
Steering wrong on Northern course
View(s): 823

My Dear Sampanthan Seeya, I thought I must write to you now when I heard that the provincial council elections that you were demanding all these years are to be held in a few months. Although I expected you to be happy at this turn of events, I understand that you are not. From what I hear, like Oliver Twist, you are always asking for more. You seem to want police and land powers for the councils and you also want the right for two or more councils to merge. Naturally, these demands have run into considerable opposition from the South. Considering what has happened since independence and especially after 1956, I can understand why you are making these demands, Sampanthan seeya, but as a person who is senior enough to have seen it all, I think you should think twice.

I am sure you would agree with me that the war that plagued our country for twenty-five years was the most dreadful event in our recent history. I know you will argue that the difficulties of those you represent have not been totally addressed since then, which is why you are making these demands. Even so, Sampanthan seeya, I think it is worthwhile looking back at the war years. The Tigers were a brutal outfit and it is fair to say that they did more damage to your community than to anybody else. After all, they killed everyone from Duraiappah to Amirthalingam, Tiruchelvam to Kadirgamar. And remember the time when your political parties were under the Tiger jackboot? Your party may have been in Parliament but your MPs were mere mouthpieces for the Tigers, werent they? And all your political strategies were carefully planned out for you by the Tigers and you were mere puppets! Now that the war is over and the Tigers are no more, you are once again able to air your views freely and make your demands. You can also live without the fear of unexpectedly having a bullet through your head or encountering a suicide bomber on your way home. I hope you appreciate that. That is why it disturbs me, Sampanthan seeya, when you and your colleagues rush across to India to meet Manmohan whenever you have some concerns about what is happening in our country. I am not sure you are doing what is best for the people you represent. As you must well know, India makes a noise every now and then about protecting the people you represent but when you look back and think about it, it is difficult to believe that they had the best of intentions.

If they did, why would they train Tiger cubs and provide them with sustenance when the Tigers were a fledgling group? And it appears as if even they did not know what they were letting themselves in for because their Prime Minister got himself killed by the Tigers for bringing the Indo-Lanka Accord! They want us to have thirteen plus, and you seem to agree with them. I am not so sure, Sampanthan seeya, firstly whether they have our best interests at heart and secondly even if they did, whether they knew what is best for our country. Frankly, I dont think anything that is Made in India will work. As you know, some of the changes that they-and you- are asking for, such as the right of two regions to merge into one unit, are not concessions that they themselves have in their Constitution even though India is such a vast country with a population that is sixty times larger than ours! I am also disappointed, Sampanthan seeya, that most of your views are quite similar to what is called the Diaspora. Dont you realise that this Diaspora is nothing more than the remnants of the Tigers and they are in fact hindering the prospects of peace after the war? Then, it looks like countries such as the United States and agencies like the United Nations are more keen on humiliating us and belittling our victory over terrorism instead of helping us maintain peace. Sadly, what you are saying and doing is only helping them. I am sure you have your grievances, Sampanthan seeya, but what I was most disappointed about was hearing you say that you dont want to participate in a committee in Parliament that has been set up to discuss all these issues and arrive at a solution acceptable to all. You may feel that it is a futile exercise-especially when the likes of Wimal sahodaraya are making a lot of noise these days. Yet, I think if you dont take that opportunity, future generations will blame you as much as they will blame Mahinda maama for winning the war and losing the peace. Isnt it time, after twenty years of war that left nearly a hundred thousand people dead, to forgive and forget and move on in a spirit of compromise rather than hark back to the past? Think about all this, will you, Sampanthan seeya? Yours truly, Punchi Putha PS-Isnt it ironic that all the former Tigers are now hoping to contest the elections in the North under Mahinda maamas leadership? It is just as well that Velu is no longer with us because if he was, he would have used his cyanide capsule rather than see KP or Daya Master as a Chief Minister!

Defiant woman journalist happy to clean her countrys dirt

View(s): 1557

Just weeks ago, the Washington -based International Consortium of Investigative Journalists (ICIJ) laid bare the names and addresses of those who held offshore bank accounts in a number of countries. It was the result of investigations ICIJ carried out for several months.

Disclosures of those account holders in the United States, France and other countries in Europe prompted those governments to seek details. This was to take action against those who held the accounts illegally.

Khadija Ismayilova. Picture (c) Free Thought University

In the light of pressure from several quarters, the ICIJ placed on its website the voluminous data it unearthed. That included more than 30 accounts held by Sri Lankans under different companies. Just ahead of this disclosure, interested groups in Sri Lanka did make overtures to the ICIJ to disclose details. Perhaps the account holders, who became aware of the investigation, themselves, were interested to know whether their names would come out. It could also be others linked to official channels trying to ascertain the extent of such overseas accounts. Yet, the disclosures have only drawn a muted silence from the Central Bank. The investigation by ICIJs members, who are peer recommended, has led to punitive action against at least one journalist. It is in Azerbaijan, the oil rich nation that stands on the crossroads between West Asia and East Europe. ICIJ member Khadija Ismayilova, a seasoned journalist, has been punished by the government of her country. Hidden cameras were installed in her apartment and government operatives then published the resulting videos in the Internet. Together with her colleagues, Khadija had been doing a series of hard-hitting investigations about the offshore deals of the ruling family. She contributed to the Offshore Leaks investigation, helping other ICIJ colleagues expose an offshore company owned by the Azeri President and his wife. Punishment for her has come in the form of being ordered to do community service. This is what Ismayilova says: I have been sentenced to 220 hours of community work for refusing to pay anti-constitutional penalty for attending a peaceful rally. Today I was invited to the bailiffs office to be informed that they found me a job to do within this community work sentence. There are two options: cleaning backstreets or cleaning central streets.. Four hours a day cleaning the city. The work will probably start next week (within 10 days I have to start). Well, I guess the message is clear. It is up to us to clean this country from dirt. I will be happy to contribute! Polls chief gets bell of a shock For Elections Commissioner Mahinda Deshapriya, the shocks come not only from political parties and voters. They even come from the bell that he uses to summon minor staff at his office. Unlike the shocks in verbal or written form, this was electricity.

He described to the media at a news briefing on Friday that whilst being busy he pressed the bell. He did not realise that the lid had fallen off and he was pressing a live wire. He was hit by a spurt of electricity. As he was demonstrating what happened, photographers were clicking away. He told them please do not publish any pictures. I will no longer hold news conferences if you do so. Talk of censorship ! Plastic ballot boxes for PC polls Elections Commissioner Mahinda Deshapriya told secretaries of political parties on Friday that plastic ballot boxes would be introduced for provincial polls in the Central, North Central and Northern Provinces. He said this was because mahogany wood was no longer available in large quantities (at reasonable prices) to make ballot boxes. The manufacturers have said they would be too costly. If a police commissioner cannot get justice, who can get it? Newton Gunaratne, one time chairman of the state-owned Independent Television Network (ITN) and Sri Lankas envoy to Myanmar, is currently a member of the Police Commission. Yet, he complains that he has not been able to move the Police into action over a complaint. His daughter and mother-in-law had recently received a telephone call from a person identifying himself as an inspector from the Valaichchenai Police. He had been asked to call over so a statement could be recorded. The reason for such an exercise was his involvement with the militarily defeated Tiger guerrillas. The daughter, like any law abiding citizen would, immediately lodged a complaint at his area police station. He said he had no connection with the Liberation Tigers of Tamil Eelam (LTTE). He also told Police officers that his father-in-law would never have been made a member of the Police Commission if that was the case. Mr. Gunaratne intervened by speaking to Police higher ups. He wanted to clear the name of his son-in-law. He also wanted to bring to book persons who are known to be using the ruse of summoning people to Police stations in the East only to extort money. Alas, Mr. Gunaratne says there has been no response. In the June 23rd issue of the Sunday Times under the heading Bogus law-enforcement callers alleging terrorist links extort money: Threats to personal safety deter some victims from lodging complaints with the Police, we published a detailed account of what is happening in this area of criminal activity. Imagine the plight of an ordinary citizen when a member of the Police Commission is unable to seek justice? A witty gazetted Police officer remarked somewhat sarcastically that Mr. Gunaratne should telephone the IGPs help desk. No quorum, no shoes also for Azwer A four-hour debate in Parliament on the need for preparedness during natural disasters was under way on Friday. Opposition parties planned to have a field day highlighting shortcomings. However, with only one hour passing by, UPFA national list Parliamentarian

A.H.M. Azwer pointed out that there was no quorum. Mr. Azwer joined other members to leave the chamber in the resulting confusion. It was rather late when Mr. Azwer realised that he had left behind his pair of shoes. He was reluctant to return to the chamber to retrieve it. So he asked a Parliament staffer to fetch the shoes for him. Twitter war over CHOGM media coverage Old diplomats never die, wrote Twitter user @AmmoVanderbilt on Friday. They just crack under pressure of trolling & degenerate into swearing at people online. The allusion was clearly to Bandula Jayasekera (@bundeljayse), Sri Lankas s Consul General in New South Wales and Queensland, Australia and former head of the Presidential Media Unit. Last week in between watching the Ashes and extolling the performance/Sri Lankan heritage of debutante Australian cricketer Ashton Agar the irrepressible Mr. Jayasekera waged a Twitter war with several journalists. It started with the diplomat declaring some weeks ago that he would not allow documentary film maker Callum Macrae (@Callum_Macrae) to cover the Commonwealth Heads of Government Meeting (CHOGM) in Sri Lanka. Mr. Macrae produced a series of controversial documentaries on Sri Lankas war for Channel 4, including Sri Lankas Killing Fields and No Fire Zone and seems to have waged a personal war on Sri Lanka. Last week, he was in Malaysia screening his documentary with the help of some anti-Sri lanka lobby group when the local police and Immigration officials arrived. He ran away through the rear door, and took the first plane available to Canada a country that is openly against the hosting of CHOGM in Sri Lanka. Local media accreditation for CHOGM is handled by a separate committee, with an official identity card from the Department of Media Information being the main criteria. The Commonwealth Secretariat has the sole authority over international media accreditation, as the Secretariat emphasised last week in a statement. It was issued in response to a letter written to Commonwealth Secretary-General Kamalesh Sharma by Joel Simon, Executive Director of the Committee to Protect Journalists (CPJ). Mr. Simon expressed concern about media accreditation procedures for CHOGM in view of media reports from Colombo indicating that the Government intends to enforce stringent background checks on any foreign journalists covering the meeting, with the apparent intention of denying them permission to enter the country. He asked Mr. Sharma to ensure that the Sri Lankan Government did not prohibit access to any journalists. Commonwealth Spokesman Richard Uku clarified saying, As is customary, the Commonwealth Secretariat is the final authority for all international media accreditation for CHOGM. He said that, Media accreditation is open to all bona fide journalists, including online media practitioners, broadcasters, photographers, film and television camera crews and technicians. Every effort will be made to facilitate attendance and coverage of CHOGM by the media. Mr. Jayasekera, one-time Presidential spokesman, however continues to assert that he would not allow certain journalists to enter Sri Lanka for CHOGM. On Thursday, websites tweeted Mr. Simons letter. Mr. Jayasekera tweeted back, asking why any country would issue visas for

terrorist backers and mercenaries using blood money. He also tweeted, I read a comment on Derana (a local tv channel) that stray dogs should not be allowed. When one twitter pointed out that CPJ was talking about journalists, not dogs. Mr Jayasekera replied, Yes. Macrae is not a journalist so why get him involved in this? Lets talk about journos then. The conversations got more heated, with Mr. Jayasekera repeatedly saying terrorists and mercenaries in the guise of journalists would not be allowed into Sri Lanka to cover CHOGM. When Frances Harrison, former BBC Journalist and author of Still Counting the Dead (another anti- Sri Lanka publication) entered into the debate, Mr. Jayasekera called her white tigress and white tiger crap. He also asked: Why is that woman @francesharris an LTTE backer poking her mouth to everything Sri Lanka? Others who criticised his comments were quickly dismissed as LTTE Terrorist rump, member of the rump, LTTE rump, overseas rump, the rump and so on. He liberally accused various people of taking money from the LTTE. Among the other labels he used were cowards, bunch of losers. He also indicated that the Sri Lanka website Groundviews would not be permitted to cover CHOGM. Media Ministry Secretary Charitha Herath, who added his own comments twice during the twitter war, has not responded to the question of who would, or would not receive accreditation for CHOGM. Whatever the Commonwealth Secretariat might say, Sri Lanka, in the end, is a sovereign nation holding the sovereign right to decide to whom it issues visas CHOGM or no CHOGM. Ask the US if that is not so; even with the United Nations in New York. You need a valid visa to enter the US in the first place if you want to visit the UN. Best shirt in Russia was from Lanka Prime Minister D.M.Jayaratna was on a tour of Russia when he went shopping for a shirt. At the shop, he had asked for one of the best shirts available only to find it was made in Sri Lanka. This shirt is made in my country, he told the Russian shop owner. Premier Jayaratne related this encounter when he spoke in Parliament on the debate on the Import and Export regulations on Tuesday.

Columns
Has the SLFP hijacked the process?
By Lasanda Kurukulasuriya

From the sidelines View(s): 361

The dust is yet to settle after a flurry of high level diplomatic visits across the Palk Strait, in both directions. The carefully crafted diplomatic statements that followed these interactions, while they may not reveal all, give reason to think that their outcome could be the creation of conditions somewhat more conducive to an accommodation being reached between the Government and the Tamil political leadership. The first of these signs was the Presidents proclamation on July 5 regarding the holding of the first ever Northern Provincial Council election. The Elections Commissioner has called for nominations in the North as well as in the North Western and Central provinces, but all eyes will be riveted on the experiment that is about to take place in the former battle zone. This election will be different from the parliamentary and presidential elections that have already been held in the North, because the unit is the province, and the council that is elected will most certainly have a Tamil majority, in all likelihood composed of the opposition TNA. The next sign was the meeting between President Rajapaksa and TNA leader R Sampanthan at the Presidents invitation on Friday, at which we are told they discussed holding free and fair elections in the North. Here it appears that the seemingly invincible leader of the ruling UPFA

juggernaut gives his blessings to an election he knows, this time around, he cannot win. The magnanimity of the gesture is unlikely to be lost on observers here or abroad. According to a TNA statement quoted in the media, The President expressed his desire to solve all outstanding issues relating to the national question. It said, The TNA leader also reiterated the partys commitment to evolution of an acceptable, workable and durable political solution within the framework of a united undivided country. United, undivided country Workable and durable political solution in a united and undivided Sri Lanka is the same phrase Sampanthan used in the Daily Mirrors bold interview with him last week where he was challenged on the alleged separatist agenda and his aversion to the terminology of a unitary state, among other things. Sampanthan said the question was, whether you are prepared to evolve a constitutional arrangement which enables the minorities to be included in the process of governance in keeping with the democratic verdict of those people. Clarifying what he meant by democratic verdict he said We are not saying that we should override majority Sinhala opinion in any unreasonable way , but we are certainly saying that in areas in which we are a majority or in substantial numbers to entitle us to be included in the process of governance and not excluded. Based upon the democratic verdicts delivered by the people we should be able to enjoy some measure of governance at least in areas in which we are the majority. While this sounds eminently reasonable, later in the interview it is somewhat jarring to hear him say The term unitary in a constitutional sense has certain connotations; all that we want is that sovereignty must be shared between the people who inhabit the country. There seems to be an inability or reluctance in the veteran Tamil leader to entirely snap the connection with the federal idea of the 1950s, to which era he traces his own political antecedents. Yet on balance, the tone of the comments tends towards a desire to reach accommodation, and a recognition of Rajapaksas readiness to make changes (President Rajapaksa himself appointed an APRC, he appointed a multiethnic experts committee where he talked of maximum possible devolution.) At a point in history when so much depends on the capacity for statesmanship in political leaders, the Sampanthan interview and the Rajpaksa-Sampanthan meeting would seem to offer some hope in the possibility that both sides may rise above the narrow, rabble-rousing propensities of the extremists in their ranks. Little room for optimism But if it is to be of any use, this spirit will also need to guide the Parliamentary Select Committee (PSC) process that has been launched to arrive at what the Government calls political and constitutional measures to empower Sri Lankans to live as one nation. On this front there seems to be little room for optimism, given the composition of the Committee to start with. The Government refuses to allow even the participation of its own coalition partners like the SLMC and the LSSP. How does it expect to inspire confidence in the opposition parties (none of whom has joined the PSC) that the committees deliberations will be fair?

The Government cannot be faulted for wanting to revisit the 13th Amendment (13A), a piece of legislation that was drafted in a hurry and under outside pressure. But the manner in which it is setting about it begs the question as to what it is trying to achieve through the PSC in the first place. The purpose of the exercise is supposedly to reach agreement between the majority and minority viewpoints. President Rajapaksa has said it is a top priority of the government to reach a consensus on the 13A. How can the Government hope to do this if its main constituent party, the SLFP, keeps imposing its will on the others? The bossy attitude was clearly seen in comments by SLFPs Kalutara MP and minister Rohitha Abeygunawardena who recently warned that pure SLFPers would not tolerate dissension within the party by those who were insisting on the 13th Amendment etc, and that such persons could leave the party. He seemed to be hinting at his fellow MPs from Kalutara, Ministers Rajitha Senaratna and Reginald Cooray, who have publicly pledged to defend the 13A. If the SLFP cannot rise above majoritarianism within its own ranks, what are its chances of achieving consensus among the different ethnic groups, let alone the grander goal of political and constitutional measures to empower Sri Lankans to live as one nation? The SLFP behaviour would seem to suggest that the partys parliamentary group has decided in advance on the outcome it wants from the PSC. If this PSC is to end up no different from the farcical one before it that was used to impeach the Chief Justice, the exercise may as well be abandoned, because it will only take the reconciliation process several steps backward.