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A matter of appeasement

18 Sep 2021

To put it mildly, the metamorphosis from the sublime to the ridiculous in the all-important matter of governance in the past couple of years has been nothing short of spectacular. It has now come to a point where even the ridiculous is becoming more ridiculous by the day. The events that keep unravelling on a daily basis appear to serve the dual purpose of keeping the nation enthralled and thereby effectively diverted from the real issues that include the daunting task of putting food on the table for millions of people, as well as setting the news agenda with an Opposition still in its adolescence, faithfully falling for the bait week after week. Sri Lankans by nature are known to have a short memory span, and with each new issue that surfaces, the one before is consigned to the dustbin of history. The “now showing” Lohan Ratwatte episode seems to fit the all too familiar pattern and will most likely fizzle out when the “next attraction” hits the screen. It seems that five years in Opposition has enabled the scriptwriters to finetune this tried and tested method into a fine art that continues to deliver the goods. However, the timing of the Ratwatte episode seems to be uncharacteristically off the mark, with the United Nations Human Rights Council (UNHRC) spotlight in Geneva firmly focused on Sri Lanka. The fallout, as is to be expected, is not likely to be a pleasant one. The episode reignited the debate on the repeal of the draconian Prevention of Terrorism Act (PTA) that has acted as a convenient cover for enforcers to take the law in to their hands, especially in targeting minority communities. If that notion needed reinforcement, then Ratwatte provided it in abundance in Anuradhapura. Although the UNHRC is rooting for the abolition of the PTA, the concept itself in the post-Easter Sunday context has its fair share of pros and cons. Even though local and global developments in the recent past weigh towards the retention of such an act, it should certainly be in a different avatar and not in its current form, as the main purpose for which it was enacted over four decades ago is now redundant. It is hoped that the observations of the subcommittee that was appointed to study and make recommendations to amend or repeal the Act, and the report of which has now been handed over to the President, takes into consideration the current security dynamics, international norms, conventions, and best practices, as well as the aspirations of the people for equitable legislation. It is important that such legislation holds to account both the lawbreakers as well as the enforcers who have grown accustomed to using the very laws that enable them to also shield them from excesses that stifle basic rights. It appears that the Government’s bravado before the UNHRC is now giving way to a more conciliatory approach, probably having finally realised that such bluster will not bring in the big bucks it is begging for in order to keep the home fires burning, especially with the European Union (EU) closely watching the developments. The changing tune is apparent with Foreign Minister Prof. G.L. Peries assuring the UNHRC of the Government’s commitment to achieving “tangible progress” in the already operational domestic mechanisms, meaning the functioning of the Office on Missing Persons (OMP), the Office for National Unity and Reconciliation (ONUR), and the Office for Reparations (OR) – all of which were set up and made operational under the previous administration in terms of Resolution 30/1. Unfortunately, what the Minister had failed to understand is that his Government officially withdrew from Resolution 30/1 in March 2020, which then paved the way for Resolution 46/1, which is what resulted in an international mechanism being thrust on the country. In fact, UN High Commissioner for Human Rights Michelle Bachelet, in her update on the situation on Sri Lanka to the Council last week, specifically requested for financial and other resources from member nations to give effect to Resolution 46/1 and kick-start the external process. She added for good measure that 120,000 pieces of evidence had already been collected by her office and these were now in the process of being vetted. These developments obviously fly in the face of both the Foreign Minister and Foreign Secretary’s public assertion that domestic mechanisms for ensuring transitional justice will suffice. It appears that the Government has lost sight of the fact that the UNHRC has grown wise to the usual ruse of providing “assurances of tangible progress” every time a review takes place and is now, slowly but surely, tightening the screws. Having scored an own goal at the 46th Session, there is no way now that the scoreboard can be altered. Therefore, the Foreign Minister’s latest change in tune is more in conformity with the ground reality. He should now focus his attention on pacifying the EU that is breathing down Sri Lanka’s neck over the renewal of the GSP+ concession. The EU has already registered its regret over non-implementation of the UN framework. With a delegation due in the country next week, the Foreign Minister no doubt has his work cut out. By bending over backwards to newfound saviour China, the Government can rely on a veto, should push come to shove, at the UN, but that will only result in further antagonising the West. Recent developments on the domestic front have not helped the cause either, with High Commissioner Bachelet, a former President of Chile, continuing to cast aspersions on the country’s “deteriorating” human rights record in her update at the UNHRC last week. The litany of fresh incidents and cases that were highlighted in addition to the heavy previous baggage is obviously going to add to the headaches the Foreign Minister will have to deal with in the days ahead. Responding to Bachelet, the Foreign Secretary too added his voice, insisting that there was “no need for external mechanisms to solve internal issues”. But what he failed to see was the bigger picture that external financial resources are critical to solve the country’s internal economic problems. The two aspects are interconnected. Right or wrong, beggars cannot be choosers. In the current dire economic circumstances, the ultimate victim of the Government’s grandstanding on the human rights issue will be the people of this country. With a deepening economic crisis, it is becoming clear that sooner than later, the country will have to rely on an International Monetary Fund (IMF) bailout package. While every attempt should be made to stave off such an eventuality, the smart thing to do would be to also leave the door open for it. Just like the UNHRC has laid out the requirements for the country to be let off the hook, so will the IMF, should the Government approach it for assistance, which now seems inevitable. For an administration that has not hidden its resentment to such external meddling, it must surely be a bitter pill to swallow. For all the bravado in taking on these international bodies and challenging their invasive mechanisms, be it in the dispensation of justice or economic benefits, what needs to be kept in mind is that this is essentially a crisis of our own making through misguided policy, both locally and internationally, over a period of time. The most practical way out now, is appeasement.


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