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Post-mortem of yet another resolution

09 Oct 2022

    The Geneva post-mortems are in full swing as usual and concerted efforts are being made to portray the disastrous outcome in a positive light by resorting to the hackneyed glass half-full theory as opposed to half-empty. Whatever the attempts, the inescapable reality is that the country finds itself in a far worse place today in terms of respect for human rights than a year ago and the just-concluded UNHRC sessions in Geneva simply reflected that reality.  It also highlighted the nation’s growing isolation in the global arena when it comes to crunch time, with far fewer friends than before. To a country with an outstretched hand desperately seeking help in whatever form to get out of the rut it is in, the message is clear: the world will not approve or condone the violation of basic rights nor the attempts to not account for the economic crimes committed by those in power in the recent past. For the President, an acknowledged liberal all through his political career, the present role must surely be claustrophobic, with hardly any room to manoeuvre, given the absolute dependence on a political entity that has not only been rejected by the people, but is also hell-bent on avenging its ouster from the presidency.  But that is no excuse or reason to trample on the fundamental freedoms that the people of this nation have enjoyed for over seven decades. By continuing to play along with the disruptive actions of the political entity he is beholden to, he is not only digging his own grave but that of the nation as well, as clearly shown in Geneva. The President must, at least now, play the role of elder statesman to which he is more attuned to and assert his independence in ensuring that the fundamental freedoms guaranteed to the people and enshrined in the Constitution are not compromised in any way for reasons of political expediency. In this regard, he must not hesitate to crack the whip against those who step out of line in his own administration – whoever they may be. There is no point in barking at the latest UNHRC resolution or ‘rejecting it,’ for that matter, as the people themselves are very much in support of it, since in more ways than one it reflects what the people themselves have been clamouring for. What is significant is that exactly half of the 18-point resolution deals with economic crimes and violation of basic human rights in the past six months or so, indicating that the world body is more in harmony with the aspirations of the people than their own Government. It also indicates the hawk-like eye that the world has had on Sri Lanka and its recent developments, which unfortunately the administration has chosen to disregard for the most part.  The one thing that the Government cannot claim is that it was taken unawares, as the red lights have been blinking on the dashboard for quite some time. Sri Lanka changing its stance and offering different assurances at different times to the council every time a new government takes office has not helped its cause either, with the subsequent loss of faith in the country’s leadership and assurances provided, which is a definite cause for concern for all concerned. The UNHRC resolution requests the Office of the High Commissioner for Human Rights to enhance its monitoring and reporting on the human rights situation in Sri Lanka while also focusing on accountability and on the human rights impact of the economic crisis and corruption. The resolution also seeks to expand the capacity of the Office of the High Commissioner to collect, consolidate, analyse, and preserve information and evidence. It has also been mandated to develop strategies for future accountability processes. Going forward, the administration has its work cut out in first working out a mechanism to identify and punish those responsible for the economic crimes that have brought the country to its knees. To not do so is not only acting in contravention of the resolution but also going against the will of the people. No longer can the administration live in denial that the problems are homegrown and place the blame for it on everything and everyone else other than those actually responsible for it.  The political leadership must at least now come to terms with this fundamental fact as the starting point of the revival effort. This is important as even last week, a prominent minister went to great lengths in Parliament to attempt to sell the story that the economic woes were a consequence of the people’s uprising. Nothing could be further from the truth as the only reason people were forced to get on the street was in fact the economic crisis, with the country officially declared as being bankrupt in April.  The crisis seems to be coming to a head on the local front as well, with the Supreme Court giving the nod to proceed with two Fundamental Rights applications seeking an immediate inquiry into those responsible for bankrupting the nation. The list of respondents includes the political leadership as well as the entire Cabinet of ministers and those who were responsible for economic activity in the previous administration. This development, which came barely 24 hours after the UNHRC resolution was adopted, will undoubtedly set the course for the administration going forward.  In allowing the applications, the Court also ordered the Auditor General to conduct an audit and submit a report by 30 November in respect of the decision made by the Monetary Board to set the value of the rupee at 203 against the US Dollar and all matters connected thereto, the delay in seeking IMF assistance and all matters connected thereto, all matters relating to the settlement of the sovereign bond of $ 500 million on 18 January 2022, using foreign reserves, and an audit on the loss caused to the Central Bank by such payments. As much as the administration will like to deny the impact of the UNHRC resolution on the EU and US GSPs and even IMF disbursement, given the concerns raised on economic crimes and persistent corruption, reality will likely be otherwise, while also not discounting the impact on tourism, as the tag of a human rights violator is not really the best advertisement.  


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