Features
Sri Lanka’s ignorance matches that of US – II
Human Rights and war crimes:
By Daya Gamage
Foreign Service National Political Specialist (ret.)
US Department of State
(Continued from yesterday)
It is essential to note the most fundamental divide in the country is between rural and urban populations. Sri Lanka’s economy has always been essentially agricultural and even today some 77 percent of the population lives in rural districts. The ratio of Sinhalese to Tamils living in rural districts nationally approximates their ratio in the population at large. Rural areas include Tamil-majority parts of Vanni (Mannar, Mullaitivu and Vavuniya Districts) and the Kilinochchi District in the Northern Province. Similarly, such Sinhalese-majority districts as Monaragala and Badulla in the southern province of Uva, and Hambantota in the south are mostly rural. During the colonial period and until the early 1970s the economic and political elites of Sri Lanka were almost exclusively a subset of the approximately 19 percent of the population living in urban areas.
These areas were privileged in terms of better economic infrastructure, better health and other government services, and better educational and employment opportunities. These advantages were shared by all communities living in the cities: Sinhalese, Tamils and Muslims, who coexisted and cooperated in general harmony. Again, all three ethnic communities in the rural sector face inadequate educational facilities, less economic infrastructure and employment opportunities.
Post-Independence dilemma
Post-independence leaders faced a prickly dilemma: the economic development and broadened enfranchisement demanded by democratic politics required that more resources and opportunities be shared with the countryside, which would dilute the power and privileges of the 19 percent. All sections of the educated urban class were threatened by this, and none more than urban Tamils. Not surprisingly, political leaders reacted to this broadening competition for national resources by reaching out to their ethnic constituencies for support in defending their privileges.
Let’s turn to war crimes and human rights violations the 18 May 2023 US House of Representative Resolution and the Canadian prime minister were referring to. The data and facts given below could be new to policymakers and lawmakers in Sri Lanka as well as to their counterparts in Washington. I say this because there was no evidence that Sri Lanka ever presented these factual data to the West. If the policymakers and lawmakers in Washington were aware of the following data the Resolution would have taken a different tone.
The question of war crimes—and related charges of crimes against humanity and even of genocide—are a telling example of the frequent gulf between complex facts and simplistic popular beliefs that has distorted perceptions of the Sri Lankan civil war and, one would argue, US policy towards Sri Lanka. In a broader sense, this writer believes that the persistent fictions that have grown up around the separatist conflict are symptomatic of a larger problem in the crafting of policy toward countries that are insufficiently or incorrectly understood.
In the case of Sri Lanka, the tendency of international observers to rush to judgment— and censure—under worst-case assumptions is evidenced by the civilian fatalities figure cited extensively in print and public discourse. This figure of 40,000 is alleged to be the number of unarmed Tamils who were killed during the final stage of the war (January–May 2009). These deaths are blamed largely on the Sri Lankan military, which is accused of using excessive and indiscriminate force, and thereby of committing war crimes. The 40,000 figure became an item of international orthodoxy after it was mentioned in the report, often referred to as the Darusman Report, by an “unofficial” panel of experts appointed by U.N. Secretary-General Ban Ki-moon. The figure was arrived at by simply subtracting the number of internally displaced civilians who were administratively processed after the hostilities from the UN’s estimate of the number of civilians caught up in the final offensive.
To be precise, the March 2011 Darusman report conceded that “there is still no reliable figure for civilian deaths” but stated that the figure of 40,000 “cannot be ruled out” and needs further investigation. The report did not refer to “credible evidence,” much less adduce any, using instead the vague expression “credible allegations.” This verdict was not voted upon or endorsed by the United Nations as an organisation, and despite its questionable logic and conflicting figures from other sources, the UN Secretary General pronounced the figure of 40,000 to be definitive. In a strange case of groupthink, most western governments and international NGOs have accepted it unquestioningly and wielded it rhetorically.
Disputed death count
The currency and obduracy of the death count, to which the Darusman Report gave birth, is all the more mystifying because it represents a major departure from calculations made not only by other reputable observers but even by UN staff on the ground in Sri Lanka. On March 9 (2009), the country team of the UN mission in Colombo briefed local diplomats for the first and only time on the civilian casualty figures it had collected from its Humanitarian Convoy.
According to this briefing, 2,683 civilians had died between January 20 and March 7, and 7241 had been wounded. The UN country team did not indicate to the diplomats that the majority of these casualties were due to government shelling. According to a cable from the US embassy in April 2009, the UN had estimated that from January 20 to April 6 civilian fatalities numbered 4,164, plus a further 10,002 wounded. The International Crisis Group is quoted as reporting that “U.N. agencies, working closely with officials and aid workers located in the conflict zone, documented nearly 7,000 civilians killed from January to April 2009.
Those who compiled these internal numbers deemed them reliable to the extent they reflected actual conflict deaths but maintain it was a work in progress and incomplete.” Some three weeks before the end of the war, Reuters reported that “A UN working document, a copy of which was obtained by Reuters, says 6,432 civilians have been killed and 13,946 wounded in fighting since the end of January.” An unpublished report by the United Nations country team in Sri Lanka stated that from August 2008 to May 13, 2009 (five days before the war ended), the number of civilians killed was 7,721. Even if the UN Secretary General chose to ignore reporting from his own staff in the field, there were reports from other sources that should have tempered the figures adopted by other international organizations and governments with diplomatic representation in Colombo.
The International Committee of the Red Cross, the only outside agency present in the war zone during the final phase, used various statistical indicators to conclude that the total number of noncombatants killed was around 7,000. Lord Naseby, a British parliamentarian and longtime advocate for Sri Lanka, announced in the House of Lords in November 2017 that he had managed to pry classified documents out of the Foreign Office through a freedom of information inquiry. These documents, which were dispatched from the British Defense Attaché in Colombo during the final days of the war, reported that about 7000 people had been killed. Amnesty International wrote that . . . “derived independently from eyewitness testimony and information from aid workers [we estimate that] at least 10,000 civilians were killed.” This figure is in line with the estimate of an anthropologist working in Australia who questioned LTTE government servants and others who survived the final battles. This academician estimates that total fatalities from January 1 to May 19 ranged from 15,000 to 16,000, including some 5,000 Tiger dead. He cautions that any final figure must take into account the 600-900 deaths due to non-military causes that would be expected at standard death rates for a population of several hundred thousand over a period of five months, especially under very difficult conditions. He emphasizes that it was very difficult to distinguish civilians from combatants because the latter often did not wear uniforms.
According to some commentators, the prevalence and resilience of the 40,000-fatality figure can be attributed in significant measure to the publicity given to it by Gordon Weiss, an Australian journalist, who served as spokesperson for the UN mission in Sri Lanka from 2006 to 2009. In that official capacity Weiss reportedly used the fatality figure of 7,000 for 2009 and noted that, for the Sri Lankan Army, it made no tactical sense to kill civilians. Yet, in interviews to promote his popular book on the final days of the war, he used the unsubstantiated figure of 40,000, presumably for its shock value. When the book was published, the fatality figure had been reduced to 10,000.
ICRC figures
On July 9, 2009, the US Ambassador-at-Large for War Crimes Issues, John Clint Williamson, met in Geneva with Jacques de Maio, Head of Operations for South Asia for the International Committee of the Red Cross. Williamson requested the meeting in order to collect information required for reporting to the US Congress. This information was invaluable because the ICRC was the only international organisation allowed by the GSL onto the northeastern battlefield for humanitarian work. In his diplomatic cable to Washington on that meeting, Williamson quoted de Maio as saying that “the Sri Lankan military was somewhat responsive to accusations of violations of international humanitarian law and was open to adapting its actions to reduce casualties.” The ambassador added that de Maio . . . “could cite examples of where the Army had stopped shelling when ICRC informed them it was killing civilians. In fact, the Army actually could have won the military battle faster with higher civilian casualties, yet chose a slower approach which led to a greater number of Sri Lankan military deaths …. On the LTTE, de Maio said that it had tried to keep civilians in the middle of a permanent state of violence. It saw the civilian population as a ‘protective asset’ and kept its fighters embedded amongst them.
De Maio said that the LTTE commanders’ objective had been to keep the distinction between civilian and military assets blurred.” In April, as the fighting was nearing its climax, both the United Nations and the Group of Eight nations strongly condemned the LTTE for using civilians as human shields.
This writer can assure that the manuscript he is preparing with the retired Senior Foreign Service and Intelligence Officer of the Department of State Dr. Robert K. Boggs will disclose startling evidence of Washington’s foreign policy trajectory toward Sri Lanka, and how successive governments in Sri Lanka since 1980 – to date – displayed their utter ignorance that led to the infantile foreign policy approaches.
(The writer, Daya Gamage, is a retired Foreign Service National Political Specialist of the U.S. Department of State accredited to the Political Section of the American Embassy in Colombo, Sri Lanka)
by Dr Gotabhya Ranasinghe
Senior Consultant Cardiologist
National Hospital Sri Lanka
When we sought a meeting with Hon Dr. Ramesh Pathirana, Minister of Health, he graciously cleared his busy schedule to accommodate us. Renowned for his attentive listening and deep understanding, Minister Pathirana is dedicated to advancing the health sector. His openness and transparency exemplify the qualities of an exemplary politician and minister.
Dr. Palitha Mahipala, the current Health Secretary, demonstrates both commendable enthusiasm and unwavering support. This combination of attributes makes him a highly compatible colleague for the esteemed Minister of Health.
Our discussion centered on a project that has been in the works for the past 30 years, one that no other minister had managed to advance.
Minister Pathirana, however, recognized the project’s significance and its potential to revolutionize care for heart patients.
The project involves the construction of a state-of-the-art facility at the premises of the National Hospital Colombo. The project’s location within the premises of the National Hospital underscores its importance and relevance to the healthcare infrastructure of the nation.
This facility will include a cardiology building and a tertiary care center, equipped with the latest technology to handle and treat all types of heart-related conditions and surgeries.
Securing funding was a major milestone for this initiative. Minister Pathirana successfully obtained approval for a $40 billion loan from the Asian Development Bank. With the funding in place, the foundation stone is scheduled to be laid in September this year, and construction will begin in January 2025.
This project guarantees a consistent and uninterrupted supply of stents and related medications for heart patients. As a result, patients will have timely access to essential medical supplies during their treatment and recovery. By securing these critical resources, the project aims to enhance patient outcomes, minimize treatment delays, and maintain the highest standards of cardiac care.
Upon its fruition, this monumental building will serve as a beacon of hope and healing, symbolizing the unwavering dedication to improving patient outcomes and fostering a healthier society.We anticipate a future marked by significant progress and positive outcomes in Sri Lanka’s cardiovascular treatment landscape within the foreseeable timeframe.
by Fr. Emmanuel Fernando, OMI
Jesuit Fr. Aloysius Pieris (affectionately called Fr. Aloy) celebrated his 90th birthday on April 9, 2024 and I, as the editor of our Oblate Journal, THE MISSIONARY OBLATE had gone to press by that time. Immediately I decided to publish an article, appreciating the untiring selfless services he continues to offer for inter-Faith dialogue, the renewal of the Catholic Church, his concern for the poor and the suffering Sri Lankan masses and to me, the present writer.
It was in 1988, when I was appointed Director of the Oblate Scholastics at Ampitiya by the then Oblate Provincial Fr. Anselm Silva, that I came to know Fr. Aloy more closely. Knowing well his expertise in matters spiritual, theological, Indological and pastoral, and with the collaborative spirit of my companion-formators, our Oblate Scholastics were sent to Tulana, the Research and Encounter Centre, Kelaniya, of which he is the Founder-Director, for ‘exposure-programmes’ on matters spiritual, biblical, theological and pastoral. Some of these dimensions according to my view and that of my companion-formators, were not available at the National Seminary, Ampitiya.
Ever since that time, our Oblate formators/ accompaniers at the Oblate Scholasticate, Ampitiya , have continued to send our Oblate Scholastics to Tulana Centre for deepening their insights and convictions regarding matters needed to serve the people in today’s context. Fr. Aloy also had tried very enthusiastically with the Oblate team headed by Frs. Oswald Firth and Clement Waidyasekara to begin a Theologate, directed by the Religious Congregations in Sri Lanka, for the contextual formation/ accompaniment of their members. It should very well be a desired goal of the Leaders / Provincials of the Religious Congregations.
Besides being a formator/accompanier at the Oblate Scholasticate, I was entrusted also with the task of editing and publishing our Oblate journal, ‘The Missionary Oblate’. To maintain the quality of the journal I continue to depend on Fr. Aloy for his thought-provoking and stimulating articles on Biblical Spirituality, Biblical Theology and Ecclesiology. I am very grateful to him for his generous assistance. Of late, his writings on renewal of the Church, initiated by Pope St. John XX111 and continued by Pope Francis through the Synodal path, published in our Oblate journal, enable our readers to focus their attention also on the needed renewal in the Catholic Church in Sri Lanka. Fr. Aloy appreciated very much the Synodal path adopted by the Jesuit Pope Francis for the renewal of the Church, rooted very much on prayerful discernment. In my Religious and presbyteral life, Fr.Aloy continues to be my spiritual animator / guide and ongoing formator / acccompanier.
Fr. Aloysius Pieris, BA Hons (Lond), LPh (SHC, India), STL (PFT, Naples), PhD (SLU/VC), ThD (Tilburg), D.Ltt (KU), has been one of the eminent Asian theologians well recognized internationally and one who has lectured and held visiting chairs in many universities both in the West and in the East. Many members of Religious Congregations from Asian countries have benefited from his lectures and guidance in the East Asian Pastoral Institute (EAPI) in Manila, Philippines. He had been a Theologian consulted by the Federation of Asian Bishops’ Conferences for many years. During his professorship at the Gregorian University in Rome, he was called to be a member of a special group of advisers on other religions consulted by Pope Paul VI.
Fr. Aloy is the author of more than 30 books and well over 500 Research Papers. Some of his books and articles have been translated and published in several countries. Among those books, one can find the following: 1) The Genesis of an Asian Theology of Liberation (An Autobiographical Excursus on the Art of Theologising in Asia, 2) An Asian Theology of Liberation, 3) Providential Timeliness of Vatican 11 (a long-overdue halt to a scandalous millennium, 4) Give Vatican 11 a chance, 5) Leadership in the Church, 6) Relishing our faith in working for justice (Themes for study and discussion), 7) A Message meant mainly, not exclusively for Jesuits (Background information necessary for helping Francis renew the Church), 8) Lent in Lanka (Reflections and Resolutions, 9) Love meets wisdom (A Christian Experience of Buddhism, 10) Fire and Water 11) God’s Reign for God’s poor, 12) Our Unhiddden Agenda (How we Jesuits work, pray and form our men). He is also the Editor of two journals, Vagdevi, Journal of Religious Reflection and Dialogue, New Series.
Fr. Aloy has a BA in Pali and Sanskrit from the University of London and a Ph.D in Buddhist Philosophy from the University of Sri Lankan, Vidyodaya Campus. On Nov. 23, 2019, he was awarded the prestigious honorary Doctorate of Literature (D.Litt) by the Chancellor of the University of Kelaniya, the Most Venerable Welamitiyawe Dharmakirthi Sri Kusala Dhamma Thera.
Fr. Aloy continues to be a promoter of Gospel values and virtues. Justice as a constitutive dimension of love and social concern for the downtrodden masses are very much noted in his life and work. He had very much appreciated the commitment of the late Fr. Joseph (Joe) Fernando, the National Director of the Social and Economic Centre (SEDEC) for the poor.
In Sri Lanka, a few religious Congregations – the Good Shepherd Sisters, the Christian Brothers, the Marist Brothers and the Oblates – have invited him to animate their members especially during their Provincial Congresses, Chapters and International Conferences. The mainline Christian Churches also have sought his advice and followed his seminars. I, for one, regret very much, that the Sri Lankan authorities of the Catholic Church –today’s Hierarchy—- have not sought Fr.
Aloy’s expertise for the renewal of the Catholic Church in Sri Lanka and thus have not benefited from the immense store of wisdom and insight that he can offer to our local Church while the Sri Lankan bishops who governed the Catholic church in the immediate aftermath of the Second Vatican Council (Edmund Fernando OMI, Anthony de Saram, Leo Nanayakkara OSB, Frank Marcus Fernando, Paul Perera,) visited him and consulted him on many matters. Among the Tamil Bishops, Bishop Rayappu Joseph was keeping close contact with him and Bishop J. Deogupillai hosted him and his team visiting him after the horrible Black July massacre of Tamils.
Sri Lanka-Singapore Free Trade Agreement
By Gomi Senadhira
senadhiragomi@gmail.com
“You might tell fairy tales, but the progress of a country cannot be achieved through such narratives. A country cannot be developed by making false promises. The country moved backward because of the electoral promises made by political parties throughout time. We have witnessed that the ultimate result of this is the country becoming bankrupt. Unfortunately, many segments of the population have not come to realize this yet.” – President Ranil Wickremesinghe, 2024 Budget speech
Any Sri Lankan would agree with the above words of President Wickremesinghe on the false promises our politicians and officials make and the fairy tales they narrate which bankrupted this country. So, to understand this, let’s look at one such fairy tale with lots of false promises; Ranil Wickremesinghe’s greatest achievement in the area of international trade and investment promotion during the Yahapalana period, Sri Lanka-Singapore Free Trade Agreement (SLSFTA).
It is appropriate and timely to do it now as Finance Minister Wickremesinghe has just presented to parliament a bill on the National Policy on Economic Transformation which includes the establishment of an Office for International Trade and the Sri Lanka Institute of Economics and International Trade.
Was SLSFTA a “Cleverly negotiated Free Trade Agreement” as stated by the (former) Minister of Development Strategies and International Trade Malik Samarawickrama during the Parliamentary Debate on the SLSFTA in July 2018, or a colossal blunder covered up with lies, false promises, and fairy tales? After SLSFTA was signed there were a number of fairy tales published on this agreement by the Ministry of Development Strategies and International, Institute of Policy Studies, and others.
However, for this article, I would like to limit my comments to the speech by Minister Samarawickrama during the Parliamentary Debate, and the two most important areas in the agreement which were covered up with lies, fairy tales, and false promises, namely: revenue loss for Sri Lanka and Investment from Singapore. On the other important area, “Waste products dumping” I do not want to comment here as I have written extensively on the issue.
1. The revenue loss
During the Parliamentary Debate in July 2018, Minister Samarawickrama stated “…. let me reiterate that this FTA with Singapore has been very cleverly negotiated by us…. The liberalisation programme under this FTA has been carefully designed to have the least impact on domestic industry and revenue collection. We have included all revenue sensitive items in the negative list of items which will not be subject to removal of tariff. Therefore, 97.8% revenue from Customs duty is protected. Our tariff liberalisation will take place over a period of 12-15 years! In fact, the revenue earned through tariffs on goods imported from Singapore last year was Rs. 35 billion.
The revenue loss for over the next 15 years due to the FTA is only Rs. 733 million– which when annualised, on average, is just Rs. 51 million. That is just 0.14% per year! So anyone who claims the Singapore FTA causes revenue loss to the Government cannot do basic arithmetic! Mr. Speaker, in conclusion, I call on my fellow members of this House – don’t mislead the public with baseless criticism that is not grounded in facts. Don’t look at petty politics and use these issues for your own political survival.”
I was surprised to read the minister’s speech because an article published in January 2018 in “The Straits Times“, based on information released by the Singaporean Negotiators stated, “…. With the FTA, tariff savings for Singapore exports are estimated to hit $10 million annually“.
As the annual tariff savings (that is the revenue loss for Sri Lanka) calculated by the Singaporean Negotiators, Singaporean $ 10 million (Sri Lankan rupees 1,200 million in 2018) was way above the rupees’ 733 million revenue loss for 15 years estimated by the Sri Lankan negotiators, it was clear to any observer that one of the parties to the agreement had not done the basic arithmetic!
Six years later, according to a report published by “The Morning” newspaper, speaking at the Committee on Public Finance (COPF) on 7th May 2024, Mr Samarawickrama’s chief trade negotiator K.J. Weerasinghehad had admitted “…. that forecasted revenue loss for the Government of Sri Lanka through the Singapore FTA is Rs. 450 million in 2023 and Rs. 1.3 billion in 2024.”
If these numbers are correct, as tariff liberalisation under the SLSFTA has just started, we will pass Rs 2 billion very soon. Then, the question is how Sri Lanka’s trade negotiators made such a colossal blunder. Didn’t they do their basic arithmetic? If they didn’t know how to do basic arithmetic they should have at least done their basic readings. For example, the headline of the article published in The Straits Times in January 2018 was “Singapore, Sri Lanka sign FTA, annual savings of $10m expected”.
Anyway, as Sri Lanka’s chief negotiator reiterated at the COPF meeting that “…. since 99% of the tariffs in Singapore have zero rates of duty, Sri Lanka has agreed on 80% tariff liberalisation over a period of 15 years while expecting Singapore investments to address the imbalance in trade,” let’s turn towards investment.
Investment from Singapore
In July 2018, speaking during the Parliamentary Debate on the FTA this is what Minister Malik Samarawickrama stated on investment from Singapore, “Already, thanks to this FTA, in just the past two-and-a-half months since the agreement came into effect we have received a proposal from Singapore for investment amounting to $ 14.8 billion in an oil refinery for export of petroleum products. In addition, we have proposals for a steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million), sugar refinery ($ 200 million). This adds up to more than $ 16.05 billion in the pipeline on these projects alone.
And all of these projects will create thousands of more jobs for our people. In principle approval has already been granted by the BOI and the investors are awaiting the release of land the environmental approvals to commence the project.
I request the Opposition and those with vested interests to change their narrow-minded thinking and join us to develop our country. We must always look at what is best for the whole community, not just the few who may oppose. We owe it to our people to courageously take decisions that will change their lives for the better.”
According to the media report I quoted earlier, speaking at the Committee on Public Finance (COPF) Chief Negotiator Weerasinghe has admitted that Sri Lanka was not happy with overall Singapore investments that have come in the past few years in return for the trade liberalisation under the Singapore-Sri Lanka Free Trade Agreement. He has added that between 2021 and 2023 the total investment from Singapore had been around $162 million!
What happened to those projects worth $16 billion negotiated, thanks to the SLSFTA, in just the two-and-a-half months after the agreement came into effect and approved by the BOI? I do not know about the steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million) and sugar refinery ($ 200 million).
However, story of the multibillion-dollar investment in the Petroleum Refinery unfolded in a manner that would qualify it as the best fairy tale with false promises presented by our politicians and the officials, prior to 2019 elections.
Though many Sri Lankans got to know, through the media which repeatedly highlighted a plethora of issues surrounding the project and the questionable credentials of the Singaporean investor, the construction work on the Mirrijiwela Oil Refinery along with the cement factory began on the24th of March 2019 with a bang and Minister Ranil Wickremesinghe and his ministers along with the foreign and local dignitaries laid the foundation stones.
That was few months before the 2019 Presidential elections. Inaugurating the construction work Prime Minister Ranil Wickremesinghe said the projects will create thousands of job opportunities in the area and surrounding districts.
The oil refinery, which was to be built over 200 acres of land, with the capacity to refine 200,000 barrels of crude oil per day, was to generate US$7 billion of exports and create 1,500 direct and 3,000 indirect jobs. The construction of the refinery was to be completed in 44 months. Four years later, in August 2023 the Cabinet of Ministers approved the proposal presented by President Ranil Wickremesinghe to cancel the agreement with the investors of the refinery as the project has not been implemented! Can they explain to the country how much money was wasted to produce that fairy tale?
It is obvious that the President, ministers, and officials had made huge blunders and had deliberately misled the public and the parliament on the revenue loss and potential investment from SLSFTA with fairy tales and false promises.
As the president himself said, a country cannot be developed by making false promises or with fairy tales and these false promises and fairy tales had bankrupted the country. “Unfortunately, many segments of the population have not come to realize this yet”.
(The writer, a specialist and an activist on trade and development issues . )
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