Round The World

New Delhi, 30 August 2011

 Colombo Lifts Emergency Laws

NEW DELHI WALKS TIGHT ROPE 

By Monish Tourangbam

Research Scholar, School of International Studies (JNU)

Sri Lanka’s socio-political stability is of utmost concern to neighboring India. With the Rajapaksa Administration lifting civil-war time emergency laws, deeming them redundant in post-conflict Sri Lanka, comes the crucial phase of implementing the policy changes.

Is the Government putting its heart and mind towards building a new Sri Lanka, where the Tamils would no longer feel the need to have another LTTE and another Prabhakaran? Or is it an ad-hoc policy meant to divert attention from voices calling for serious investigations into alleged human rights abuses and war crimes committed by the Sri Lanka army during its military juggernaut to end the LTTE.

Presently, one can only be cautiously optimistic. India and western countries like the US, Britain and Australia welcomed the decision. Calling it a welcome step, Foreign Minister Krishna told Parliament, “We hope that this will be followed by effective steps leading to genuine national reconciliation in the country.”

Colombo had resisted external pressure including from India to lift these laws, arguing that catching LTTE remnants and prosecuting those arrested necessitated these laws. But, various dissenting voices in Sri Lanka lamented the continuation of the powerful Prevention of Terrorism Act (PTA) which allows warrant-less arrests and searches of anyone suspected of involvement in “terrorist activity” along-with the Defence Minister (President Rajapaksa) ordering detentions of up to 18 months. Suspects do have a right to trial but not by jury.

Said Janatha Vimukthi Peramuna (JVP) legislator Anura Kumara Dissanayaka, “The Government should immediately abolish PTA. It has given extraordinary power to the Government and military, superceding the normal civil laws.” Others like Colombo’s National Peace Council think-tank head Jehan Perera, hoped “that the expansion of freedom and democratic rights will not be restricted by other means such as adding new provisions to the PTA.” Residents of Tamil dominant areas like Jaffna also remain skeptical of the Government’s sincerity.

As the Rajapaksa Administration walks the talk towards building a more inclusive and peaceful Sri Lanka, Indian policy-makers have consistently walked a tightrope.  New Delhi has had to continue increasing its ties with the Sri Lankan Government and at the same time espouse the need for a sincere political reconciliation in the civil-war ravaged country. True, the Government won the war against the LTTE but Tamil civilians had to face collateral damages, with many being internally displaced.

Of late, voices demanding investigations into questionable human rights records of the Sri Lankan army have increased. Since the end of the war, New Delhi has been consistent in demanding political reforms and proper power devolution in the new Sri Lanka. India has provided assistance towards relief and rehabilitation of internally displaced Tamil civilians and de-mining operations in the erstwhile conflict zones. High levels visits have also repeatedly raised the issue of resettlement of Tamil civilians and their proper inclusion.

But, for many Tamil Nadu politicians, India has not done enough. While the media and society grappled with Anna Hazare and the Jan Lokpal Bill issue, a debate in Parliament on the Sri Lankan situation erupted into open dissent and anger against India’s Lanka policy. Openly showing dissatisfaction with the Government’s position on the plight of the Sri Lankan Tamils, DMK, AIADMK, CPI and CPI-M walked out in protest.

They also criticized the government for failing to demand an international investigation into alleged atrocities against Sri Lankan Tamils.  In response to questions regarding a recent UN panel report that found atrocities against Tamils, SM Krishna said, “The issue has not come so far in the formal agenda of any of UN inter-governmental body for discussion. We are waiting so that India can take a position.”

Even as the Government put forth India’s consistent aid policy directed towards relief and rehabilitation of the Tamils, many members raised questions on the sincerity of the Rajapaksa Administration in using the funds for the right causes. In response to MPs about a Channel 4 documentary showing atrocities on Sri Lankan Tamils, Krishna said, “It is for the Sri Lankan Government to investigate and inquire the veracity through a transparent process.”

Sri Lanka will reportedly be sending a high level delegation to a key session of the UN Human Rights Council (UNHRC) next month. Responding to the UN panel report, Colombo had demanded more time to investigate the allegations through its own Lessons Learnt and Reconciliation Commission. 

Moreover, a new round of domestic politics has developed around the death sentences given to those accused in the Rajiv Gandhi assassination case; with many expressing solidarity with the campaign to save the lives of the three persons. In response, Tamil Nadu Chief Minister Jayalalithaa said she did not have the power to annul the death sentence or put the execution on hold after the rejection of their mercy petitions by the President.

Definitely, the Sri Lankan issue strikes a sentimental cord among the Tamil domestic constituency, but New Delhi has to take many other determinants into consideration while fashioning its policy towards Sri Lanka. Certainly, the Tamil issue has been a prominent determinant but it is not the only one.  There are limits to what the Indian State can do regarding the internal affairs of another sovereign nation.

Moreover, India faces strategic competition from China in Sri Lanka. Indian strategists’ are concerned with the rising Chinese influence in the Indian sub-Continent. An upward trend is seen in Beijing-Colombo ties and Chinese investments have been a major concern for New Delhi. Sources state China was Sri Lanka's largest lender in 2009 and 2010, giving $1.2 billion and $821 million respectively. Also, Colombo has often looked at Beijing for support on the increasing international pressure to come clean on the Sri Lankan army’s human rights records.

Recently, President Rajapaksa paid an official visit to China, further cementing political and economic ties between the two countries. Beijing sticking to its standard policy line has made known that it would not interfere in Sri Lanka’s internal affairs and that the issue of national reconciliation was entirely a matter for its Government and people.

Such a policy stance makes it easy to enhance its economic interests in the island nation, without any consideration of the evolving socio-political situation in post-conflict Sri Lanka. Thus, it would be naïve for Indian policy-makers to alienate the Rajapaksa Administration, the legitimate power-holder in the island nation.

But in the face of heightened international allegations of war crimes against the Sri Lankan army and questions being raised internally on his Government’s sincerity, the coming days will be a litmus test for President Rajapaksa who has amassed a lot of political powers around himself. ---- INFA

(Copyright, India News and Feature Alliance)