{"id":124118,"date":"2014-05-05T00:19:10","date_gmt":"2014-05-04T18:49:10","guid":{"rendered":"https:\/\/www.colombotelegraph.com\/?p=124118"},"modified":"2014-05-13T14:10:42","modified_gmt":"2014-05-13T08:40:42","slug":"south-african-initiative-is-opportunity-for-govt-to-restore-its-credibility","status":"publish","type":"post","link":"https:\/\/www.colombotelegraph.com\/index.php\/south-african-initiative-is-opportunity-for-govt-to-restore-its-credibility\/","title":{"rendered":"South African Initiative Is Opportunity For Govt. To Restore Its Credibility"},"content":{"rendered":"

By Jehan Perera<\/span><\/a> –<\/strong><\/p>\n

\"Jehan<\/a>

Jehan Perera<\/p><\/div>\n

The government\u2019s inability or unwillingness to provide the international community with the quantum of evidence required to ban the 16 Tamil Diaspora groups and 424 individuals<\/span><\/a> it listed under a UN anti terrorism resolution has led to both the United States and Canada refusing<\/span><\/a> to ban them.\u00a0\u00a0 The government spokesperson on the issue had stated that it banned them all following extensive investigations in which 65 arrests had been made.\u00a0 But the government also weakened its case by stating that the compelling evidence it had found could only be provided after the investigations had been completed.\u00a0\u00a0 It would have been more appropriate to list the organizations and persons it suspected, but only ban them after getting more solid information.\u00a0\u00a0 The reluctance that the government has shown in convincing the international community about the threat posed to the country\u2019s national security by those Diaspora groups and individuals it has banned will only serve to further undermine its credibility.<\/p>\n

The government is also releasing some of those it had arrested in the recent past alleging threats to national security.\u00a0 The first two who were released were well known human rights defenders, Ruki Fernando and Fr Praveen Mahesan<\/span><\/a>, whose arrests led to protests by international and local human rights organizations who had a personal knowledge of them and their work.\u00a0 These two human rights defenders were fortunate as they had many in the human rights field who were prepared to vouch for their commitment to non-violence.\u00a0 However, in the case of many of the others who have been arrested, and for whose human rights they have worked, there have been no similar interventions on their behalf.\u00a0 Both Ruki Fernando and Fr Praveen Mahesan were personally known to many of those who lobbied on their behalf whereas those others who have been arrested in the North on similar charges have no such personal relations with more influential persons.<\/p>\n

The fact that the lesser known persons who were arrested in the anti-LTTE crackdown are now being released, even though after several weeks of incarceration and interrogation, is to be welcomed.\u00a0 It shows that there is a sense of justice within the security establishment that does not wish to see innocent persons being kept in detention just to make a political point.\u00a0\u00a0 However, the problem with these arrests is that there is little or no judicial supervision or review over their arrests and subsequent detentions.\u00a0 It looks like the security forces have the discretion to arrest and detain, and the discretion to release them after interrogation, while the judiciary is like a passive postbox for whatever comes in and goes out.\u00a0 It very much appears that there is no check and balance where it comes to arrests and detentions in regard to national security especially in the North and East.\u00a0 The credibility of the government suffers as a result in comparison with international standards.<\/p>\n

Sharing Experiences<\/strong><\/p>\n

It is not surprising that in these circumstances, the government\u2019s credibility is at a low ebb, internationally and locally.\u00a0 This is both with regard to its confrontation with the Tamil Diaspora and its strategy to contain the revival of the LTTE.\u00a0 What can be seen is the government engaging in a number of activities, but not in a coherent manner that would take it to conflict resolution.\u00a0 It is implementing sections of the National Human Rights Action Plan and of the LLRC<\/span><\/a> Action Plan.\u00a0 It has launched a National Unity Charter at a Convention by the same name organized by the Ministry of National Languages and Social Integration.\u00a0 It has released those persons arrested on unsustainable charges of having aided and abetted the LTTE.\u00a0 But what it is doing is disjointed and not of one piece.<\/p>\n

As a result, five years after the end of the war, Sri Lanka remains a post-war society that has yet to make the transition to a post-conflict society.\u00a0 The political resolution of the conflict is difficult due to the ethnic and identity-based nature of the conflict which generates extreme insecurities on all sides.\u00a0 While the violence has ceased, the political roots of the conflict that gave rise to war remain to be addressed.\u00a0 There continues to be extreme political polarization between the government and the opposition, including the ethnic minority parties.\u00a0\u00a0 Most noticeable is the absence of political dialogue between the government and the opposition, particularly the TNA, regarding a political solution that would address the roots of the ethnic conflict.\u00a0\u00a0 However, there now appears to be signs of a change.<\/p>\n

It seems increasingly likely that South Africa will be playing the key role in facilitating Sri Lanka\u2019s transition from war to post-war healing and a political solution.\u00a0 South African President Jacob Zuma<\/span><\/a> told the South African Parliament in February this year that at the request of the Sri Lanka Government he was appointing Cyril Ramaphosa as South Africa\u2019s Special Envoy to bring about peace and reconciliation in Sri Lanka.\u00a0 The special envoy is expected to visit Sri Lanka in June this year.\u00a0 It is clear that the South African government is taking its peace building role very seriously.\u00a0 The role that South Africa will be playing in Sri Lanka was explained to all levels of the ruling party at the ANC\u2019s annual convention last month.<\/p>\n

In his first public comments on his role, Mr. Cyril Ramaphosa, also Deputy President of the ruling African National Congress (ANC), said , \u201cWe are truly honoured to be chosen amongst many countries to go and make this type of contribution to the people of Sri Lanka,\u201d he said. \u201cWe have a wonderful story to tell, and it is this wonderful story that the Sri Lankans see.”\u00a0 He also said, “As South Africans we do not impose any solution on anyone around the world.\u00a0 All we ever do is to share our own experience and tell them how, through negotiation, through compromise, through giving and taking, we were able to defeat the monster of Apartheid.”\u00a0 He added, “We think we can share those experiences, and of course in the end, it is up to the people of Sri Lanka to find their own peace.”<\/p>\n

Government\u2019s Opportunity<\/strong><\/p>\n

The anticipated South African facilitation effort offers the Sri Lankan government an opportunity to restore its credibility and come up with an integrated plan for conflict resolution.\u00a0 The South African side has always taken the position that they were invited by President Mahinda Rajapaksa<\/span><\/a>, but now that they have accepted the offer, they appear to be taking it most seriously.\u00a0 This can only be to Sri Lanka\u2019s benefit, as South Africa is a country that has credibility with both the Western and Non-Western sections of the international community.\u00a0 From what the South Africans have been saying, whether it is Special Envoy Ramaphosa or High Commissioner to Sri Lanka Geoff Doidge, they want the Sri Lankan parties to be the decision makers and to be the owners of the process of national conflict resolution.<\/p>\n

South Africa is a society that takes consultation and dialogue very seriously.\u00a0 Its own peace process and post-apartheid political process has been marked by a determination to obtain the consensus of as many parties as possible.\u00a0 The South African approach to governance is to make all systems of democracy work, with separation of powers, checks and balances and rule of law given priority. Speaking on the occasion of South African National Day last week, High Commissioner Doidge said that the South African government is presently getting the consensus within its own polity prior to entering Sri Lanka as a facilitator. President Zuma recently explained his country\u2019s support to Sri Lanka at the annual convention of the ANC, where national and local members of the ruling party were present.\u00a0 In addition, it has been engaging in dialogue with the Sri Lankan government and TNA which are essential to any process of reconciliation within Sri Lanka.<\/p>\n

The evident interest of the Sri Lankan government to pursue South African assistance in these circumstances is significant.\u00a0 It suggests that the government is serious about a political reform process that leads to conflict transformation.\u00a0\u00a0\u00a0 It is important therefore that the Sri Lankan government concurrently takes immediate measures to improve the situation on the ground, so that its decision to invite South African facilitation is not seen as merely a hard headed decision to ward off the international community in Geneva.\u00a0 Changing the fear psychosis in the North of the country, where over 65 were arrested in recent weeks and the targeting of the Muslim community by extremist groups who act with impunity would set the stage for the restoration of the government\u2019s credibility.\u00a0\u00a0 The South African intervention must be seen as a process during which the government will get all systems of governance going, which is the best way to restore credibility.<\/p>\n","protected":false},"excerpt":{"rendered":"

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