10 June, 2023


The UNHRC Resolution And The Question Of The Social Contract

By Malinda Seneviratne – 

Malinda Seneviratne

Malinda Seneviratne

Leader of the Opposition Ranil Wickremesinghe came up with a strange, important and revealing statement in the run up to the Southern and Western Provincial Council Elections.  He said that if he is elected to power (in a presidential election, obviously, and complemented by a victory in a general election), there will be no threat to Sri Lanka from the international community.  He was referring to the machinations in Geneva at the UN Human Rights Commission which had the government in what could be called its Annual March Dither.  The statement raises some interesting questions.

What is it that Ranil can do that Mahinda cannot?  What is it about Ranil that would make the international community, so-called, get off Sri Lanka’s back?  If the UNHRC Resolution refers to things that may have happened more than five years ago, how can a Wickremesinghe Regime sometime in the future get it all off the agenda? After all, just because someone else is in power, it doesn’t chance what is said to have happened, does it?  In this context what are we to make of Ranil’s assertion, his confidence and his confidences?

What Ranil is basically saying is that the movers and shakers of the UNHRC Resolution, namely the USA and UK backed by Canada, France and other member states of the European Union, is not really interested in truth, justice, accountability, resolution of grievances via preferred arrangements (such as power-devolution) or buttressing democratic institutions.  Instead, all that is desired is regime-change.  All the rhetoric and talking-points in Geneva, then, amounts to just foil for the real objective.

Now this should not surprise anyone. The USA, after all, has backed and defended with military might if necessary all kinds of tyrants, including monarchs, military juntas, dictators and even totalitarian regimes.  It does business with the rogues and rogue-states even as it decries autocrats and autocracies. It’s all about which dictator and dictatorship are whose friends.  The current initiative against Sri Lanka has nothing to do with truth, justice, reconciliation and such and not only because these things never mattered to Washington outside of rhetoric-need.

While Ranil’s statement betrays what can only be called an unholy friendship with Sri Lanka’s enemies, it points to a more serious issue pertaining to what political scientists call ‘the social contract’.  The Minister of External Affairs, G.L. Peiris has argued on several occasions that the pressure exerted unfairly and selectively on Sri Lanka by Washington through Geneva can easily be dealt with by the simple matter of agreeing to the terms of surrender.  Those terms, as currently articulated, are squarely against the general sentiments of the population save the Tamil National Alliance, which is a communalist party representing only a fraction of the Tamil community and beholden to the best friends of terrorists.

Regime change would not amount to a radical departure from these sentiments.  No one in the UNP, for example, would say that the Government was wrong in crushing the LTTE or that there was anything in method warranting investigation of any kind.  Objection to the regime there is and might even be growing but none of that has anything to do with operations against the LTTE or the current position of the regime vis-à-vis the issue of devolution.  A referendum on whether the 13th Amendment should be enhanced with greater degree of devolution or another on the relevancy of the 13th Amendment and Provincial Councils after more than a quarter of a century worth experience is likely to result in rejection on both counts.  No enhancement and indeed a call for abrogation, in other words.

The social contract among other things is about sovereignty, territorial integrity, and not giving on a platter the land-theft sought by terrorists through 30 years of terrorism.  It is also about good governance, the primacy of the law, independence of the judiciary, and a need to depoliticize institutions.  The latter set, although stressed in the Resolution, have to be treated as means to the end called ‘regime change’ for if these were troublesome there should have been similar resolutions on each and every member state of the United Nations.  There weren’t and there will not be either.

What Ranil Wickremesinghe is not elaborating in his casual ‘put me in charge and I will get you and all of us out of jail’ statement is the relevance of the Resolution to the vexed issue of the larger social contract.  Ranil is no fool.  He is probably the best read Member of Parliament.  His understanding of political philosophy and even the politics of the possible is probably second to none among his contemporaries.

He, more than anyone else, would be able to explain why this Government or any government for that matter has to reject the Resolution and refuse to submit to arbitration by what is essentially a Kangaroo Court.  He would understand that submission amounts to buttressing a bad precedent and more than that subverts the very foundations of a political society that values democracy based on true representation.  This government has not lost the legitimacy of authority vested in it by the people and whatever erosion there is has nothing to do with the articles scripted into Washington machinations in Geneva and elsewhere.  This Government was not mandated to concede ground to Eelamists.  The people did not confer on this government the authority to open the door to intervention by outsider forces clearly operating against their overall interests.

For all this, it must be acknowledged that mandates are twisted and re-interpreted by politicians all the time.  For example, President A may be ousted by Presidential Candidate B because President A was seen to be corrupt, tyrannical and incompetent, but President B, after assuming office, can say that he/she was mandated to ‘resolve minority grievances through excessive devolution of power to the provinces’.  We have to live with that reality.  The reverse can also be true. President A can brush aside corruption, tyranny and incompetence, and claim that his one and only task is to ensure that not one inch is conceded when it comes to sovereignty, territorial integrity etc.

Ranil Wickremesinghe knows all this; all the more reason why he ought to elaborate on what would otherwise be a careless statement that amounts to confessing that he is in cahoots with the USA and UK for purely personal/party political reasons.

The key question that is relevant to the people of this country at this point is whether or not they are willing to have the larger social contract be re-written by those who cannot in any way claim to be representing them, namely the USA and UK.  It is a question that all political entities, parties included, need to ponder over, regardless of love or hatred for the regime.

A clear and comprehensive response from Ranil Wickremesinghe at this point would not hamper his electoral fortunes.  Indeed, the UNP as a whole could only benefit from stating its position in this regard.  Failure to do so would force conclusions of the following kind: the UNP does not care about the social contract and would gladly support its subversion and consequent submission to Washington in return for securing power.  It holds for the Democratic Party as well as the Janatha Vimukthi Peramuna too.

To recap, in Ranil’s case, he needs to answer some other relevant questions.  If he can, as he claims, get the USA off Sri Lanka’s back if he were in power, does it amount to an acknowledgment that the current debate on Sri Lanka has nothing to do with truth, justice, accountability and reconciliation?  Secondly, is he saying that the USA is only talking about war-related issues because it believes that these issues can help affect regime-change?  Also, is he saying that vexed issues such as what really happened during the last stages of the war (and of course before that, including the period when the IPKF was ‘handling’ terrorism and terrorists) can just disappear into a column called ‘Non-Issues’ if this regime is overthrown?  He is not a simpleton and therefore it is incumbent on him to response.

We await.

*Malinda Seneviratne is the Chief Editor of ‘The Nation’ and his articles can be found at www.malindawords.blogspot.com

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Latest comments

  • 5


    You should also write about the President’s “I am ready to go to the electric chair” statement. Would you?

  • 2

    There is no constituency in the Sri Lankan media,intelligentsia,liberal political establishments, so called JVP left, old left, genuine enlightenment left,ethnic left,liberal left,post modern “bajjaar” left, to call thing by their right names and seek truth and stand for the truth anymore.

    Even the websites like WSWS (which carries every minute details of political factions,conspiracies,shifts-left or right-,commentaries on military strategies in the other parts of the world, campaigning for the truth seeking activists like Snowdens, Asanges,etc and has an active “party” in Sri lanka) only keeps repeating the tired slogans of “Sri lanka EElam Socialist Republic”/ ” US never had interest in Sri lanka but now has interests because of Rajapkasha letting China in” etc. Silence is makes you paranoid.

    Malinda, why do you waste time trying to show you as someone brave enough to do that !! You are the other side of the same coin.

    Ranil’s strategy is to preserve the euphoric mentality in the south of defeating LTTE (ever whipped up by MR regime on a daily basis) as it is, so that he can use it in the event of regime change engineered by the west.He knows well that mentality will be favorable to maintaining his regime and also to the west’s interests in the region.What he now says indirectly is that, “You people love Rajapakshs so much for defeating LTTE. But things have changed so much since May 2009, the only way to save heroic Rjapaksha now is elect me. I can do deals with the west and save Rajapaksha so that he can retire safely.”

    Malinda, why do you never say anything on Rajapkasha’s behind the scene dealings with the west while maintaining public accusations against by them ?

  • 0

    Question of Chinese interests has to be commented separately.

    Malinda avoids disclosing whether he would support or no support Ranil’s regime if formed, if Ranil’s regime has everything of Rajapaksha’s sans Chinese leanings. Not only Malinda. Likes of Dr Sara, TNA, Bahu and the other do the same.

    TNA and Tamil diaspora “leaders” have firmly and faithfully lined up behind the west believing that formation of Eelam would be collateral to the regime change in Sri Lanka.They at least think that the west won’t cheat them this time.

    They wouldn’t really bother about the fact that China or Russia (ignore the public statements)with Rajapaksha at this stage, because they know China and Russia are also capable doing deals with anyone if the circumstance are right. On that front, Malinda is sort of with them in a strange way regardless of his often “anti-who knows and who cares” harangue.

  • 0

    Umm perhaps Ranil simply means that his government would take sincere and meaningful steps with regard to justice, accountability and reconciliation.that dear Mali is something that Mahinda cannot do. Given that Geneva started the inquiry independent of the government because of the absence of any credible steps by the government, it is not
    Rocket science to say that he can get Sri Lanka out of Geneva.


  • 2

    MS says that RW is basically saying that USA and UK are not really interested in resolution of grievances. MS has the right to say these words. But, does that give him the right to put ‘words’ into RW’s mouth!

    He comes up with some seemingly logical questions.

    What is it that Ranil can do that Mahinda cannot? What is it about Ranil that would make the international community, so-called, get off Sri Lanka’s back? UNHRC Resolution refers to things that may have happened more than five years ago, how can a Wickremesinghe Regime sometime in the future get it all off the agenda?

    There is nothing for RW to imagine. The answers have been all stated in the past UNHRC Resolutions.

    MS is quite right in stating the absolute truth that USA, after all, has backed and defended with military might … .

    Yes, MS. One such country US defended and aided was SL. US was such an asset to SL in dismantling LTTE. Ranil’s holy friendship with US is to preserve that asset.

    Hello MS, you say that TNA represents only a ‘fraction’ of the Tamil community. I concede that point. Yes, 9/10 is a simple fraction.

  • 5

    Here is a section of SriLankans living in the North and East who have suffered over 25 years of bombing and shelling, persecution and army atrocities They are continuing to suffer even more subjugation ,land grab arrests and torture.
    But this author is not worried about the suffering of his fellow citizens. He is only concerned if Ranil can get the West off Srilanka’s back or not. In fact he should have chastised Ranil for making an insensitive statement like what he did.

  • 1

    But the President did not say that ” I will go to the electric chair with my lap dog”

  • 2

    What Ranil can do different to Mahinda?

    Tell the truth. Order for Impartial investigation and if Mahinda and his family found guilty for the crimes committed in our soil, then you know what is the punishment as in the law books.

    • 2

      Man, RW and MR are two different personlities.

      RW would take every actions being bound to law and order while MR bugger would just be away from laws – telling the far distant palatable jokes stimpulating the poor masses.
      Latter is like going to intoxication by watching indian movies by the poor of the poor in indian sub continent. They would never be able to get near to the stories being made visible, but by thoughts, they could spend the few hours watching the dream.

      Our people are born vulnerable to get deceived.
      Please check it by yourself, by listening to nethfm, several other TV senders, there you will raise the quesiton, why the people behave so….. so means stupid as no other folks would do… so to twist their minds by offering the toffe on GENEVA goni billa worked very well. People became gonthadiya, animator- vocalist MR the alleged war criminal became the winner… claiming ” we won all of the provincial councils”.

  • 4

    Malinda, what Ranil can do what Mahinda cannot do is very simple, Ranil can bring back democracy to the country and also law and order. These are very important fundamental foundations to any civil society.

    You always hang your hat that UN resolution is against winning the war. But if you carefully read the resolution passed at the UN, there are only 3 points that relate to the war time issues, rest of the 10 points raised in the resolution relate to matters that happened after the war and these matters have not only affected the minorities but also the majorities.

  • 3

    Malinda writing this. But the news coming out like this. Lanak bringing an end to Jajakumari’s arrest. Three tamils informants worked for the military has been shot to death. the news says they were working under a Tamils Army intelligence officer, Kamalaraj(# 776927). He has been shot to death to hide the background scenes. This is what appearing in todays news.

    Just like the Balachandran’s, Isaiperia’s murder videos, this news to has been leaked by some sinhalese soldier with in the Army.

    This piece in Tamil.

  • 2

    Try to upgrade Laptop.

  • 0

    Yes, finally the Army with over 2,000 brave soldiers finally rounded and Killed Terrorist Gobi. What an achievement…..

    I wonder how the second in command of LTTE Gobi looks more like a Starving Beggar, or a Koolie or a Nattami at the Manning Market.

    Here’s Gobi’s photo.


    Isn’t it shame for LTTE to nominate second in command who looks like a Homeless Nattami than a Liberation Fighter.

    Looks like Gobi was starving for over a month.Anyway well choreographed Drama. Hope Ranil could do same.

    Who is going to be the next…..Gobbi….or Dappi…in Badulla……

    [Edited out]

    Wonder who.

  • 0

    Does anyone take this guy seriously? [Edited out]

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