The declaration of emergency and oppressive measures taken by the present administration against peaceful protestors and human rights activists and the denial of their constitutional rights came under heavy fire by the United Nations in Geneva.
They condemned the extensive, prolonged and frequent use of a state of emergency since 2 April 2022 by Sri Lankan authorities to crackdown on peaceful protesters and to prevent them from voicing their grievances amidst an economic collapse in the country.
In a statement issued they said that on 15 July, President Gotabaya Rajapaksa resigned and left the country following months of mass protests in the capital, Colombo and across the island nation. His successor President Ranil Wickremesinghe declared another spell of the state of emergency on 17 July 2022, vowing to take a tough line against “trouble-makers”. The Sri Lankan Parliament has since ratified an ordinance on 27 July 2022 extending the current state of emergency for another month, imposing a curfew, and granting broad and discretionary powers to security forces and the military.
Such powers allow them to detain protesters and search private properties without judicial supervision.
“We have raised our concerns with the state on several occasions over the misuse of emergency measures, but to no avail. We condemn the recent and continued abuse of such measures to infringe on the legitimate exercise of the rights to freedom of peaceful assembly and expression,” the experts said.
Given the long-standing abuse of emergency powers in Sri Lanka which has been documented by United Nations human rights experts over many years, these experts raised particular concern about the impact of such authority on the exercise of a range of human rights including reports of the targeting of vulnerable and minority groups under this state of emergency. They also highlighted that the government had disregarded the procedures and requirements of international law when implementing the provisions of emergency laws.
Alarm bells were ringing in Geneva about the actions of the government and Sri Lanka may have to face a severe indictment at the upcoming sessions of the United Nations Human Rights Council. The government should be mindful of the GSP+ concession granted by the European Union and act accordingly, upholding the rule of law in line with the Human Rights Charter of the United Nations.
The latest in the series of such misgivings are the apprehensions expressed by the European Union ambassadors in Sri Lanka who met with President Ranil Wickremesinghe.
They said they had a constructive meeting with the President being a partner in challenging times.
The ambassadors tweeted that ‘for us safeguarding civil and human rights and freedom of expression above all and the right to dissent is of utmost importance. We agree that bringing it back on track requires joint and inclusive action’.
The ambassadors encouraged the President to devote special attention to three ongoing key processes, namely the GSP+, IMF and human rights. They hoped that concrete steps may be underway by the government to make these processes a success.
The numerous episodes of blatant human rights violations by the security personnel also prompted the Bar Association of Sri Lanka to write to the Inspector General of Police. The BASL said the police should follow due procedure when arresting people. There were occasions where the arrests which were made were more akin to abductions. At the same time, most of the people who were apprehended were denied their right to consult a lawyer or contact the next of kin.
President Wickremesinghe told a meeting of party leaders where everybody was talking about the implications of the emergency regulations in force and the dossier against Sri Lanka prepared by many human rights bodies, that he would do away with the emergency regulations at the earliest but had qualified his statement by saying that the country needs to go through economic reforms. What he meant was that he needed several regulations added to the state of emergency for the expeditious implementation of several legal provisions which would otherwise go before the Courts to determine their legality, which would consume more time and delay the procedure.
Meanwhile, those who are concerned about the violations of human rights have petitioned the Supreme Court about the heavy- handed tactics by the government. They are challenging the legality of the emergency provisions empowering the security forces to apprehend suspects without resorting to a proper judicial process.
A former commissioner of the Human Rights Commission of Sri Lanka Ambika Satkunanathan and a former commissioner of the Office on Missing Persons Mirak Raheem have filed Fundamental Rights petitions in the Supreme Court challenging the arbitrary and irrational action of the police and the military.
The petitioners have challenged the legality of administrative and executive practice of arresting individuals and temporarily keeping them in secret detention, contrary to the constitution, the rule of law, and accepted international human rights norms.
In the past, when such applications inundated the superior courts when there were widespread protests against the state, the government was forced to do away with emergency rule.
Political analysts meanwhile say that Wickremesinghe should soften his stand against the protestors who face the wrath of the security personnel and are being subjected to victimization. The suggestion is somewhat prudent and the analysts point out it is not appropriate to harass the Aragalaya people or belittle them for it was this struggle which helped him to make the quick ascension in the otherwise dull political atmosphere. Their suggestion is that Wickremesinghe declares a general amnesty to everybody involved in various alleged errant activities and set them free of persecution because it will help enhance the image of Wickremesinghe locally and internationally.
Amid all these problems President Ranil Wickremesinghe paid his first official visit to the Army headquarters on Tuesday to express his gratitude to the armed forces for protecting the parliamentary complex on July 13. He said that the airmobile brigade was instrumental in preventing those who wanted to take control of the parliament building without a single shot fired. ‘You have accomplished your duty, and now it is time for all Parliamentarians to take the country forward’, he said.
Besides, another issue the President is facing is to appoint a competent Cabinet of Ministers. The cabinet is responsible for laying down economic and other policies to take the country to the next level. For this, one needs political judgement and knowledge about the intricate subject of statecraft. He will need a competent team with expert knowledge for an efficient administration. However, his choice is limited after deciding on a cabinet of thirty from among the political parties represented in parliament.
The President is under obligation to give ample representation in the cabinet to the political parties that have come forward to form an all-party government. Already there are hiccups with over fifty members claiming their right to be in the cabinet. This is resulting in discontent among political parties in the all-part arrangement.
In the meantime, SLPP backbencher S.B. Dissanayake, addressing the press, said that Ranil Wickremesinghe is a limited-purpose President and that what the Sri Lanka Podujana Peramuna is doing is to get maximum leverage out of his political ability to deal with the West.
The prime objective was for him to deal with the International Monetary Fund. It was too complicated for the SLPP to surmount the IMF hurdle without the right connections. ‘We had lengthy discussions before deciding to support Wickremesinghe for the presidency and decided he was the most suitable person to salvage the problem-ridden country to a better status’, he said.
It is somewhat clear that the SLPP is executing their hidden agenda to make way to the higher echelons of government as much as Ranil Wickremesinghe did with the Aragalaya.
The Aragalaya, sans proper leadership, was akin to a boat without an outrigger, which Wickremesinghe took advantage of in the process. It gave him the necessary impetus to climb the ladder to the highest position in the land. Some say it lacked legitimacy since there was no mandate of the people. However, nobody could challenge a decision by parliament that followed available and proper constitutional procedures, which made him successor to a failed president.
The question is whether Wickremesinghe has turned against the Aragalaya that put him in the hot seat.
Wickremesinghe has the political acumen to handle intricate issues, whether they are internal or international, but all he needs is patience. The latest of the issues Wickremesinghe is facing appears to be the acute diplomatic tussle involving the Yuan Wang 5 survey and research ship. The ship was heading toward Sri Lanka from a Chinese port, to the chagrin of the closest ally of Sri Lanka, India. The concerns of India put the Colombo administration in an awkward position and a diplomatic crisis that could have been avoided if Sri Lanka had acted prudently at the initial stages. Now Sri Lanka is compelled to play by the ear and hope for the best to avoid a diplomatic faux pas without damaging relations with India and China.
International media reports said the ship is cruising closer to the territorial waters of Sri Lanka. According to local authoritative sources it was in Sumatra on Friday.
China could brush aside the concerns of Sri Lanka and still arrive at the Hambantota Port, leaving rancour in its relations with Sri Lanka. That would not augur well in the long term and damage the Chinese image worldwide. Hence, China would also take precautions not to harm its prospects in the Indian Ocean, which is strategically crucial for its future investments in the region
As far as Sri Lanka is concerned, the country is trapped in a vicious circle, not knowing what the next step should be. Sri Lanka needs both India and China. India, because of the long-standing cultural relationship fostered for over two thousand years from the time of Emperor Asoka and as a first responder at times of disaster.
China remained a strategic partner for many years, establishing diplomatic relations in 1957.
China has a long history of relations with Sri Lanka dating back to the 4th century AD when the Chinese monk Faxian visited Sri Lanka.
The perception was that Sri Lanka -China relations were iron clad. China also has strategic interests in Sri Lanka. Hambantota is one of the beads in the string of pearls of the Chinese maritime silk route. Sri Lanka, at any cost, would not want to be in the middle of a diplomatic row concerning the Indian Ocean and should promote free access to all countries in terms of the United Nations Convention on the Law of the Sea and a non- aligned foreign policy which Sri Lankan governments speak about frequently.
Nevertheless, it is up to President Wickremesinghe to engage in diplomatic maneuvering to see an end to the tussle involving India and China over the controversial ship.
India has taken a different stance lately and denied that it heaped pressure on Sri Lanka over the docking of the ship. The Indians finally said that Sri Lanka, a sovereign nation, could take its own decision.
Nevertheless, Sri Lanka extended its diplomatic goodwill and asked both India and the United States to reason out their objection. A softening of the Indian and the United States stand was a sigh of relief for President Wickremesinghe, who will now allow the Chinese ship to dock in Hambantota for replenishment. The Sri Lanka Navy manning the Port can go on board at any time and check if the necessity arises. Wickremesinghe saved relations with both India and China.
Expectations are running high that China would agree to restructure the debt portfolio enabling Sri Lanka to obtain IMF assistance.-Alakeswara
