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Sunday, 22 June 2003 |
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Post-Tokyo: the challenges ahead - 'Interim administration' as unifying structure by Amrit Muttukumaru Irrespective of fortuitous circumstances, the pledge of US$ 4.5 Billion of donor assistance spread over 4 years for the 'reconstruction and development of Sri Lanka' is a defining moment in the country's history which gives us yet another opportunity to make a complete break from our suicidal past practices. This writer is of the view that under the circumstances, such a metamorphosis is highly unlikely and it could be another missed opportunity and this time with terrible consequences. It is sincerely hoped that this writer is wrong and that such a change will occur.
Although appalling governance, corruption, inefficiency and the impunity surrounding the subversion of the rule of law also by the very people tasked with protecting the same are the root causes for the perpetual crisis in this country, it is a measure of the dubious agenda of the donors that these factors have not been included as essential pre-conditions.
Japan's 'benevolence' should be viewed in the context of that country's economy being in recession and falling interest rates which makes good business sense out of lending to countries such as Sri Lanka. The political spin-offs are a bonus. It should be appreciated that the country's already crippling debt which is in excess of its GDP will as a result of this 'aid' balloon to still higher levels. Hence, the only justification for this unprecedented package of assistance is its prudent 'investment' to result in 'returns' that not only will add 'value' to the country in the context of social equity but also enable repayment of capital and interest. Hence, the critical need to at least drastically minimize 'traditional leakage' by way of inefficiency, waste and corruption. These are indeed formidable tasks for which love of country, political will, risk taking and above all integrity are crucial. The only path through which such a change could occur is if influential sections of civil society collectively function as a strong pressure group on our largely self-serving and unprincipled politicians. This issue becomes more complex in the context of such influential sections themselves being part of the problem! The fortuitous circumstances resulting in this unprecedented aid are mainly linked with the realpolitik of the sole superpower, the role assigned to Japan and our peace process now under tremendous strain. The clumsy overplay of these realpolitik circumstances such as making a 'goni billa' out of Richard Armitage could turn out to be counterproductive to the quest for ethnic peace and thus jeopardize the opportunity presented by this unprecedented pledge of donor assistance. 'Interim' Administration The Tokyo conference and its 'declaration' has made it abundantly clear that the inflow of aid is dependent on the progress of the peace process. Attempts made to portray the LTTE as the stumbling block and 'villain' to this enterprise does not stand objective scrutiny. Worse than this, it will prove to be counterproductive. The essence of the peace process is the spirit of 'partnership'. Where was the spirit of 'partnership' when the LTTE was made unwelcome at the Washington, D.C. preparatory meeting for the Tokyo conference? Apart from this, this entire enterprise is underpinned by two basic realities which are not sufficiently appreciated in the south: the military parity between the two protagonists and the actual control by the LTTE of vast real estate in 'areas of historical habitation of the Tamil- speaking peoples' in which exist quasi-state structures notwithstanding their imperfections. What example does the rest of the country, in terms of its appalling governance extending even to the justice system and the rule of law, give in this regard? Aren't there serious 'imperfections' in the 'democratic' south 55 years after independence which in the first place have made no small contribution to this conflict? Even in terms of adherence to accepted norms of human rights, democracy and the rule of law, isn't the difference only a question of who is worse ? The case of the shocking violation of the human rights of Anthony Michael Emmanuel Fernando and the reluctance of lawyers to espouse his case will forever remain a hideous blot on the judicial and legal landscape of this country. The lawyer-heavy Human Rights Commission too has not shown any meaningful interest in this case. The current attempt to smuggle in some of the more obnoxious features of the PTA under normal law virtually in the absence of any protest is another example. Even the need for the massive donor assistance outside the north-east is mainly due to poor governance, inefficiency and corruption by successive governments. The objective of stating all this is not to dilute or trivialize the 'imperfections' in LTTE areas, but to give perspective to this entire venture since there seems to be an all round underlying assumption that such infringements are unique to LTTE controlled areas. Needless to state, accepted international norms in all these respects must apply with equal force not only in the north-east as being insidiously attempted but also in the entire country. The demand for an appropriate 'interim' politico-administrative structure for the north-east under LTTE leadership has to be viewed in the context of the above realities and the utter failure of previous institutional attempts such as the Joint Task Force and SIHRN to meaningfully deliver any 'peace dividend' where it is sorely required- for the lakhs of internally displaced persons and refugees whose condition continue to remain pathetic 18 months into the ceasefire. Ironically, the south has been by far the major beneficiary of the 'peace dividend'. This 'interim' arrangement apart from appropriate representation for the Muslim and Sinhala population particularly in the east will need to have the necessary authority, independence as well as checks and balances to ensure transparency and accountability with specific reference to donor funds. It is regretted that aggressive state sponsored colonization in the east and 'border' areas have complicated matters. The need for an 'interim' administration becomes more pressing due to the endemic political imbroglio between the two main political parties in the south in the pursuit of power at any cost where as usual the peace process is the 'whipping boy' thus making a permanent political solution unlikely in the foreseeable future . The proposal for an 'interim' administrative structure should be welcomed as an acknowledgement of the unity of the Sri Lankan State and as a precursor to a permanent negotiated solution based on democratic principles. Responsible leadership with accountability should be the hallmark of this 'interim' structure. It is ironic that constitutional constraints are trotted out as an impediment to such a structure since after all it is the 'institutionalization' of majoritarianism in the constitution that has to a large extent led to this conflict in the first place! Examples of this include the discarding of Article 29 (2) in the Soulbury Constitution and the 'foremost' place given to the majority religion. To be continued next week |
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