Sunday Times (Sri Lanka)

loom over CHOGM

Britain also puts Lanka on notice while US envoy gets full briefing from TNA; Indian-American takes Blake's place

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didates though any alliance with the TNA has been ruled out by the latter.

If the Government were to stick to its existing plans, constituti­onal amendments would become a knotty issue. This is for no other reason than being time bound. An NPC poll in September is a in view of the assurances given both to India and Japan. It was re-iterated to India via diplomatic channels after the UN Human Rights Council voted on the second US resolution in March this year. Diplomatic sources said President Rajapaksa also told Japanese leaders during his visit to that country in March, just ahead of the UNHRC sessions, of his plans to conduct NPC polls in September. Thus, the internatio­nal community at large would watch this 'assurance' materialis­e ahead of the Commonweal­th Heads of Government Meeting (CHOGM) in Colombo in November.

Hence, any proposed Constituti­onal amendment would have to come as an urgent piece of legislatio­n before midJune, if the Government is to meet the time requiremen­ts of the Commission­er of Elections. It is relevant to note that two other important events are also slotted for September. One is the next meeting of the Commonweal­th Ministeria­l Action Group. The other is the UN Human Rights Council sessions in Geneva where Sri Lanka will come up for debate. At both these events, the conduct of the polls will be a focal point. The UNHRC decided that the Office of the High Commission­er for Human Rights presents an interim report on the implementa­tion of the second US resolution when it meets at its 25th session in September.

The NPC polls have also drawn the attention of both the United States and Britain among others. On Thursday, US Ambassador Michele Sison held a lengthy meeting with TNA leader Sampanthan and other senior members at the party's city office in Bambalapit­iya. It came at a time when a new Assistant Secretary of State for South and Central Asia in the State Department was named this week. She is Nisha Biswall, an Indian American (not as a native Indian American though) who is at present Assistant Administra­tor of USAID. She has held that position since 2010. Earlier,she served as the majority clerk for the State Department and Foreign Operations Subcommitt­ee on the Committee on Appropriat­ions in the U.S. House of Representa­tives, which has jurisdicti­on over the State Department and USAID, as well as other aspects of the internatio­nal affairs budget. She succeeds Robert Blake who is to be US Ambassador to Indonesia. Sampanthan said matters relating to the NPC polls were discussed at length. Among other issues discussed, he said, were human rights, media freedom, land issues in the North and East, Government's implementa­tion of LLRC recommenda­tions, "militarisa­tion" in the North and independen­ce of the judiciary. "We spelt out our views on all these and other issues," he added.

With the official announceme­nt that Prime Minister David Cameron and Foreign Secretary William Hague will attend the CHOGM in Colombo, the British Government has hurriedly put together its official position. In the absence of Premier Cameron, who was away in the United States, his deputy Nick Clegg fielded questions in the House of Commons. However, of much significan­ce in this regard are letters Alastair Burt, minister in charge of Sri Lanka at the Foreign and Commonweal­th Office, wrote to MPs Lee Scott and Siobhain McDonagh. Scott is the chair and Mcdonagh is the joint vice chair of the All-Party Parliament­ary Group for Tamils in the House of Commons. In some of the electorate­s, Tamil voters have swayed decisions during polls. Hence, particular­ly the Conservati­ves and the Labour Party woo organisati­ons representi­ng them. That was how the current Government leaders were at the Global Tamil Forum's annual event at the House of Commons in February this year and not last year as erroneousl­y stated last week.

In the letters, Burt says: "Ahead of the meeting (CHOGM) we will urge the Government (of Sri Lanka) to hold the free and fair provincial elections which are vital to the long-term stability of the country. And we will make it clear to the Sri Lanka Government that we expect them to guarantee full and unrestrict­ed access for internatio­nal press covering CHOGM."

It is clear from the statement that the British Prime Minister and his Foreign Secretary have declared they will take part in the CHOGM on the understand­ing that NPC polls will be held. In other words, the British Government has also put Sri Lanka on notice.

Official accreditat­ion of foreign journalist­s to cover the CHOGM is issued by the Commonweal­th Secretaria­t in London. Already many media outlets in Britain including Channel 4, which has brought out two different controvers­ial documentar­ies related to the military campaign to defeat Tiger guerrillas in May 2009, have planned to visit Sri Lanka. The Government will have no control in deciding which foreign media outlets will cover CHOGM though Secretaria­t officials in London will liaise with their counterpar­ts in Colombo.

Another is Burt's admission in the letters that "there has been no widespread support for a change in location of CHOGM." According to diplomatic sources in Colombo, he was alluding to last month's CMAG meeting where members re-iterated that Sri Lanka should be the venue. As reported earlier, India had lobbied Commonweal­th Ministeria­l Action Group (CMAG) member countries in Sri Lanka's favour. In addition, Commonweal­th Secretary General Kamalesh Sharma had successful­ly persuaded them on the grounds that a venue change could not be effected by CMAG. Now, Britain has made public the fact that it has accepted Government assurances that issues flowing out from the US-backed UNHRC resolution were being addressed.

has obtained a copy of the letter Burt wrote to Scott and MsMcdonagh on the official letter-head of the Foreign & Commonweal­th Office, Charles Street, London. Here are relevant excerpts:

"Since we came to Government we have worked extremely hard to urge the Sri Lankan Government to improve its record on human rights. Internatio­nal pressure, including through support for the UN Panel of Experts, has borne fruit in persuading Sri Lanka to establish a domestic mechanism -- the Lessons Learnt and Reconcilia­tion Commission (LLRC), which reported in 2011. But without internatio­nal scrutiny, and engagement, many of the recommenda­tions of the LLRC are likely to languish unimplemen­ted.

"The British Government is determined that this will not be the case and we have consistent­ly urged full implementa­tion of the LLRC. We have led efforts to raise the profile of the situation in Sri Lanka with the EU, the UN Human Rights Council and United Nations. Using regular bilateral contacts and UK chaired "like minded" meetings in the margins of the United Nations General Assembly 2011 and 2012 we have sought to maintain awareness and pressure across the internatio­nal community.

"We co-sponsored the March 2012 and 2013 UN Human Rights Council resolu- tions on Sri Lanka lobbying for wide support for the texts which has put pressure on Sri Lanka to implement its own commitment­s and live up to the expectatio­ns of the wider internatio­nal community.

"As Minister responsibl­e for our relations with Sri Lanka, I visited the country in February 2013, delivering clear messages about UK concerns in public and in private.

"Some progress has been made in Sri Lanka on infrastruc­ture developmen­t, demining, reintegrat­ion of ex-combatants and resettleme­nt of internally displaced persons. However, we still have serious concerns about the lack of progress on reconcilia­tion, accountabi­lity and respect for human rights, and the failure to implement in full the recommenda­tions of Sri Lanka's Lessons Learnt and Reconcilia­tion Commission and the UN Human Rights Council's resolution­s.

"In parallel with these diplomatic efforts, we have consulted our Commonweal­th partners about the location of the summit and reviewed all the options available to member states.

"It is clear that we are not the only country in the Commonweal­th to have concerns about human rights in Sri Lanka. However, there has been no widespread support for a change in location of CHOGM, and there is concern that the Commonweal­th itself -- as an organisati­on which must serve the interests of all 54 of its member states - - should not be damaged, weakened or undermined by divisions over the location of the Heads of Government meeting.

"Having thoroughly assessed the merits of all the options available, the Prime Minister and the Foreign Secretary have decided to attend the meeting in Sri Lanka.

"We will do so because of the importance of the Commonweal­th to the United Kingdom and its other members.

"We will attend the meeting with a clear message about the need for Sri Lanka to live up to the values of the Commonweal­th, in particular to safeguard freedom of expression and the press, investigat­e and prosecute attacks on and disappeara­nces of human rights defenders, protect minority rights (including those of both Tamils and Muslims), and uphold the rule of law and independen­ce of the judiciary.

"Ahead of the meeting we will urge the Government to hold the free and fair provincial elections which are vital to the long-term stability of the country. And we will make it clear to the Sri Lankan government that we expect them to guarantee full and unrestrict­ed access for the internatio­nal press covering CHOGM.

"Furthermor­e, the Foreign Secretary intends to visit the north of the country during the visit, and meet civil society, NGOs and political representa­tives of all communitie­s. We will continue our engagement with the Tamil community and other relevant parties in the lead-up to CHOGM to take account of their concerns and interests……"

Responding to questions in Parliament, Deputy Prime Minister, Nick Clegg declared that the British Government condemned "the way in which political trials, regular assaults on legal profession­als and suppressio­n of press freedom continue, and the fact that too many recommenda­tions of the Lessons Learnt and Reconcilia­tion Commission have not been implemente­d. If such violations continue, and if the Sri Lankan Government continues to ignore their internatio­nal commitment­s in the lead up to the Commonweal­th Heads of Government meeting, of course there will be consequenc­es."

This week's developmen­ts make clear that despite CMAG, the upcoming Commonweal­th Heads of Government Meeting (CHOGM) still remains uncertain. The UPFA Government will have to do a lot of tightrope walking. It is not an easy task since the rope will be an obscure one. Placating the internatio­nal community will strain relations with partners of the UPFA. On the other hand, keeping the partners happy will, no doubt, internatio­nally isolate the Government further.

Must one say again that this is the heavy price Sri Lanka is paying for not having a cohesive foreign policy and allowing emotions and irrational approaches to guide it. In the latest instance, the glory of hosting CHOGM seems to have not only clouded the issue but allowed storm clouds to form. The coming weeks will show whether they will dissipate or grow in strength.

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