Beyond constitutional politics and polemics

Secretary of State Mike Pompeo and US Ambassador to India Kenneth Juster greet one another upon Pompeo’s arrival at the airport in New Delhi on Monday. PTI

by Austin Fernando

All quandaries on constitutional amendments are now over with an impressive victory for President Gotabaya Rajapaksa, and the country looks forward to the implementation of the 20th Amendment (20A), to serve the people more efficiently, effectively, and economically.

Although Minister of Justice Ali Sabry declared that all 20A provisions had been in the JR Jayewardene Constitution previously, there were a few differences. Considering the volume of amendments, this stance is passable, though not exact. My observation is that Presidents Jayewardene, Ranasinghe Premadasa and Mahinda Rajapaksa performed effectively in comparison to attain their development objectives through the 1978 Constitution.

Governmental performance

Economic performance is an essential ingredient in political performance and management. It is because the economics of development under all regimes has been an evaluation yardstick and also publicly questioned.

Performance by Presidents, Prime Ministers and governments are not guided and determined only by Constitutions. If Constitutions could facilitate smooth performance, why didn’t it happen during tenures of all Presidents exercising power according to the 1978 Constitution? Until 2009, they had failed to defeat terrorism. Corruption increased. The economic morass continued.

The development of a country hinges on the quality of political and business leadership, national security/stability, research/ technological /educational standards, labour legislations, foreign direct investments, foreign assistance/aid, environmental soundness, diplomacy, international political behavior, and positive responses. The Constitution could boost development, but it alone is not sufficient.

Successes do not preclude criticisms that were aplenty against the aforesaid three Presidents. Some criticisms were even acceptable as regards the moral decadence due to the open economy, proliferation of dangerous drugs, or the construction of an unoptimizable port, airport and other such infrastructural projects and debt traps.

Human rights

One criterion for foreign assistance is a country’s respect for human rights. I may quote Rights watchdog Meenakshi Ganguly, of Human Rights Watch- South Asia, to prove this point. After the election of President Gotabaya Rajapaksa, she said: “The Sri Lankan government needs to hear that other countries are watching and will respond to renewed abuses.” This threat has not gone away.

Such issues will be taken up when the UNHRC meets in early 2021. Britain has already decided to withdraw the LTTE ban. Additionally, anti-China attitudes could lead to the harassment of Sri Lanka even indirectly. Contrarily, the Chinese have given assurances of bailing us out.

Even after the passage of 20A, President Gotabaya Rajapaksa cannot expect to be exempted from such attitudes, rules, and standards. I will highlight some immediate reactions experienced with selected internationals. The way foreign powers have responded to the incumbents after the presidential and parliamentary elections will be a guide to observe the trends.

India

Immediately after the presidential election, India showed up in Colombo. President Gotabaya Rajapaksa also positively responded and the traditional first destination visit was to Delhi. Former President Maithripala Sirisena also did so, followed by another for the second inauguration of PM Modi.

Such visits provide opportunities to evaluate silently how foreign powers respond. I had the privilege of participating in all three visits by Presidents Sirisena and Rajapaksa. President Sirisena’s first visit was considered by Indians as a grand opportunity for novel openings and approaches, having experienced a deterioration of diplomatic relations under President Mahinda Rajapaksa’s tenure.

However, the agreement signed by Ministers Malik Samarawickrama and Sushma Swaraj in 2017, concerning several large-scale projects, apparently to spite Chinese political/economic interference in Sri Lanka, did not reach fruition. Indians did not forgive the Sirisena-Wickremesinghe government although formal relations were maintained respectfully.

The difference in diplomatic relations is reflected in many ways. This was seen from how PM Modi responded when President Gotabaya Rajapaksa visited India in November 2019. Their one-on-one meeting lasted 55 minutes, and India offered US dollar 450 million to Sri Lanka in assistance. Perhaps, body chemistry of the two leaders clicked. PM Mahinda Rajapaksa once criticised Indians for having contributed to his defeat in 2015. India has proved that there are no permanent friends or permanent enemies in foreign relations, and it is only the mutual interests that matter.

Indians expected the fast-tracking of projects related to the Eastern Container Terminal (ECT), the Mattala Airport, and Trinco Petroleum Tanks. But there has been no positive follow-up even eleven months after President Gotabaya Rajapaksa’s discussions with PM Modi. The COVID-19 pandemic could be one reason for this delay. But a fresh dialogue is necessary if India is to be kept in the development loops.

Recently, PM Modi offered a $15-million grant for the promotion of Buddhist cultural exchanges, but his officers are slow in finalizing requests for a debt moratorium and an additional $1.1-billion assistance discussed during the visits of Rajapaksa brothers in November 2019 and February 2020. Positively, the Reserve Bank of India signed a swap of $400 million. If such needs are not met, the vacuum will be filled by another.

For comparison, Indian External Affairs Minister committed a 100-million-dollar grant and a project loan of 400 million dollars to the Maldives in mid-August this year, showing assistance did not depend on demography, revenue generation, or socio-economy, but on other priorities. The swift assistance to the Maldives and the delay in responding to our request may be conveying a message that should be heard and understood by Sri Lanka.

I quote another Indian investment in Bangladesh for comparison. The Bangladesh Economic Zones Authority was ready (mid-2020) to start site development for an Indian Special Economic Zone, where billions of dollars in investment were expected from India. Sri Lanka was not so fortunate even though such potential was in the 2017 agreement. The government must learn from Bangladesh experience.

China

Quite the opposite response was shown by the Chinese who have already handed over 500 million dollars (March 2020). When the Chinese Minister Wang Yi met Foreign Minister Dinesh Gunawardena, the latter thanked China for its consistent contribution to Sri Lanka’s development process as well as their support at numerous regional and international fora, like the UNHRC. China and Russia have been helpful throughout.

Chinese involvement in infrastructure development has drawn severe criticism. This is something common throughout the world as regards the Chinese investment through the Belt and Road Initiative (BRI).

Another Chinese intervention took place recently when Senior Chinese diplomat Yang Jiechi met President Gotabaya Rajapaksa, who reportedly said: “Sri Lanka will firmly commit itself to deepening friendship with China, and is willing to make every effort to press forward the key BRI cooperation projects such as the Colombo Port City and the comprehensive development of the Hambantota Harbour.” This would not have pleased the Indians and Americans, and even the Japanese, who recently lost a light rail investment project here.

When Yang met PM Mahinda Rajapaksa, just after the latter’s discussion with PM Modi, the PM thanked China’s support for combating COVID-19, adding that China’s strong support in various fields had helped Sri Lanka strengthen its capacity to resume work and production amid the pandemic.

Finally, it was revealed that China would also help mitigate the financial crisis faced by Sri Lanka.

The Framework of the Strategic Cooperative Partnership between China and Sri Lanka embarked on, in 2013, gave hope of advantages through development but achievements have been slow in coming. The recent high-level Chinese visit here points to a desire to accelerate it. It must be noted that such interventions with other countries (e. g. India) were slow. The delay between bureaucratic decision-making and politicized decision-making could be the reason.

USA, Quad, and influences

The incredibly positive relations build-up by Yang Jiechi is followed by US Secretary of State Mike Pompeo’s visit to Colombo. While arrangements were being made for Pompeo’s visit, the US announced that it would urge Sri Lanka “to make ‘difficult but necessary choices’ on its economic relations”. The reference to difficult economic relations invariably meant the partnering with China. The MCC is another project the US is interested in.

The US spokesperson made it abundantly clear, saying “We encourage Sri Lanka to review the options we offer for transparent and sustainable economic development in contrast to discriminatory and opaque practices.” Media reports show that this message was partially conveyed to several Ministers by the American Ambassador Toeplitz when she met them.

The Chinese Foreign Ministry dismissed the comments as a manifestation of the “Cold War mentality.” Its spokesman Zhao Lijian responded, “Attempts to use coercion to obstruct normal cooperation between countries will not succeed.”

Concurrently, Mike Pompeo has recently suggested (after the Tokyo Quad meeting) that the Quad should be institutionalized: “We [Quad members] can begin to build out a true security framework” for the Indo-Pacific. He also described the Quad as the “fabric” that could “counter the challenge that the Chinese Communist Party (CCP) presents to all of us.” It is clear Pompeo is gathering support against China.

In this context, meeting Pompeo after Yang Jiechi will be an embarrassment for Rajapaksas. In fact, a few months ago CCP was considered as a guide for their political party. Yet, the US will see whether Sri Lanka is prepared to counter the CCP challenges and to what extent. This is not surprising especially after India agreeing to sign a military agreement with the USfor sharing of sensitive satellite data and conducting a dialogue to counter China’s growing power in the region. It may be appropriate for Sri Lanka to remain cautious.

As commentators say, Chinese behaviour and attempts to re-order the region have caused concern among the Quad members. They believe that Quad may have to discuss a rule-based big picture of the Indo-Pacific Region, especially how to reshape China’s behaviour, and under what conditions they would reassess China as a responsible stakeholder. Pompeo is here after the Quad Foreign Ministers Meeting in Tokyo. Given this situation, how Sri Lanka should deal with him is a challenge.

Diplomatic conflicts and us

Countries like Sri Lanka sometimes become playing fields for powerful countries. US Ambassador Alaina Teplitz recently said that the US goal “in responding to this request (MCC) is to alleviate poverty and to boost inclusive economic growth” and identifying Sri Lanka as “a sovereign leader in maritime security”, which are indisputably favourable recognition of Sri Lanka.

But her statement “Sri Lanka should engage with China in ways that protect its sovereignty” angered China, which responded directly. The Chinese Embassy in Colombo stated that “with great shock and strong discontent, the embassy learned about the US Ambassador’s interview with a local newspaper, in which a foreign envoy from a third country openly played off China-Sri Lanka relations and severely violated the diplomatic protocol.” The Chinese are extraordinarily concerned with the US violating Sri Lanka’s diplomatic protocols. Having been a High Commissioner myself, I await such bold statements from our Ambassadors in the US or China, even violating diplomatic protocols, when a situation arises with these two governments! Am I waiting for Godot!

Further, the Chinese statement said: “Both China and Sri Lanka as independent countries have full right to develop relations with foreign countries according to our own need and will.” This reminds me of a past Chinese intervention in Bhutan. It is an example where the Chinese while seeking to mend relations with Bhutan, to make India lose ground, dropped Chinese tourist arrivals after the Doklam standoff, because Bhutan did not stand with China. It was a warning to Bhutan about the country’s vulnerability. At that point, the “full right to develop relations” with India was tabooed by China for Bhutan!

Bhutan’s obligations to act according to the Treaty of Friendship between India and Bhutan (8-8-1949) calling for peace between them and non-interference in each other’s internal affairs and the additional agreement by Bhutan to let India “guide” its foreign policy and consultative action on foreign and defense affairs were not considered by the Chinese, as the legal “need and will” of Bhutan.

Similarly, India’s wrath was unleashed (2012) when the then Bhutanese PM Jigme Thinley met the Chinese PM, Wen Jiabao, on the sidelines of the Rio+20 Summit. India retaliated by withdrawing fuel subsidies to Bhutan. New Delhi’s heavy-handed response was deeply resented by Bhutan.

We complain of powerful countries using the proverbial stick, but these examples show that anyone could be the perpetrator to satisfy his needs. Let us be realistic without resorting to rhetoric, which emanate from boisterous politicians mostly- even ministers.

The Chinese strongly suggested “the US quit the addiction of preaching others and applying double standards” and named four areas of misdeeds, i. e. slandering, pretending as the guardian of free trade while violating the WTO rulings, holding high the banner of transparency, and smearing others’ normal cooperation against sovereignty, while militarily misbehaving and imposing unilateral sanctions. Brunei, Vietnam, Malaysia, Philippines or Taiwanese in China Sea or Indians in Ladakh may blame the Chinese for not adhering to some of these principled behaviours and preaching to the US. Can Sri Lanka challenge President Xi on the same lines?

Conclusion

I quoted the aforesaid references to point out the difficulties faced by Sri Lanka in the big diplomatic picture. They are thrust on us. Sri Lanka must take informed positions due to practicalities.

With the Indians, the proximity, centuries old relationships, strategic location in the Indian Ocean region, which became a focused area due to Indo-Pacific Regional bias, India and Japan, etc., must be valued. The busines alliances between India and Japan on ECT and Liquified Natural Gas projects send another message. The potential/ possible Indian influence on other countries, some parliamentarians, demographic and political groups must be considered for internal political stability purposes.

The Chinese factor must be considered in the light of past transactions and potential investments that could be received faster than from borrowing agencies or formal lenders. Sri Lanka’s economic problems need immediate solutions. How far could the government wait for external interventions satisfying all criteria?

The above quoted financial requirements and responses received from India may help understand the reality of financing, for which China responds faster than any other country. Any political intervention should address this problem and adapt to systemic assistance. Of course, the disadvantages of Chinese interventions, even highlighted by the World Bank study, about procurement procedures could push countries like Sri Lanka into difficulties. What alternatives could evolve is an issue.

Immediate response to the statement by Dean Thompson was experienced with Sri Lanka’s government bonds falling heavily last week. This is the danger that could be created by big brothers. The African proverb, ‘When elephants fight, it is the grass that suffers’, is always valid.

It is time for those who yelled last week that restrictions on stability/development could be remedied by constitutional amendments to keep quiet because it is not the absolute truth. The 20A had other objectives as is obvious. They should look afresh realistically and consider whether ignoring the international developments is possible. Let saner counsel prevail.

Simply stated, it is time to ditch camouflaged rhetoric heard in the House last week and look incisively, realistically, logically, and face the international challenges caused by the financial crisis, COVID 19, political conflicts, etc. Being a small nation, we need everyone’s support.