By

Upul Joseph Fernando

United States Secretary of State John Kerry delivering an address at the Lakshman Kadirgamar Institute during his brief visit to Colombo last Saturday revealed that the Sri Lankan Government would conduct a general election during summer. Kerry’s cat jumped out of the bag during that address. America calls for an early general election to save Sri Lanka at the September UNHRC session. When the war crimes report was to be tabled at the last sessions of the UNHRC, Foreign Minister Mangala Samaraweera persuaded Kerry to postpone it.

That was put off on the pledge that Sri Lanka will work out a domestic mechanism to initiate a domestic investigation and present a report in September to the UNHRC. So far the Maithri Government had not drawn up such mechanism to conduct a domestic probe. Hence, the possibility of tabling the UNHRC report against Sri Lanka in September cannot be ruled out. Such indications had been made by former Norwegian peace envoy Erik Solhiem too.

Following is the content on Solhiem’s twitter; “UN High Commissioner Zeid bin Ra’ad assures me that he will release the Sri Lanka report in September which contains surprises”.

The United States and John Kerry believe that the Sri Lankan Government had moved a step further by getting the 19th Amendment passed though it had not drawn up a mechanism to start a domestic probe on war crimes. When the Mahinda Rajapaksa Government passed the 18th Amendment, the United States issued a statement opposing it.

It saw it as a threat to democracy. That statement read: “11 September 2010 Washington DC: The United States today expressed concern over the just passed 18th Amendment to Sri Lanka Constitution saying that it weakens checks and balances and undermines the principles of constitutional democracy. Philip J. Crowley, the US State Department Assistant Secretary for Bureau of Public Affairs said the US has closely followed the progress and the passage of the 18th Amendment in Sri Lanka.

“The Amendment eliminates term limits for the President and expands the power of the President over independent institutions, including the Elections, Police, and Human Rights Commissions, as well as the Judiciary.” The US called on the Government of Sri Lanka to promote the principles of good governance, democracy, and independent State Institutions.

“The United States looks to the government to take measures that will strengthen democracy including appointing appropriately qualified officials to bolster independent institutions, increase transparency, enhance power sharing and dialogue, and promote national reconciliation”.

Kerry whilst in Colombo hailed the passage of the 19th Amendment in Parliament as it replaced the undemocratic 18th Amendment.

The United States repeatedly advised Mahinda to establish the independent commissions that were abolished by the 18th Amendment if Mahinda wanted to escape the war crimes issue. Mahinda feared to set up those commissions as it would pose a political threat to him and kept it as a secret from the public.
Instead he started to lambast the US to create an anti-US psychology within the country. On the contrary, the Maithri Government repealed the 18th Amendment and moved towards the establishment of independent commissions to strengthen democracy heeding to the US advice.

General election before September

Now the Maithri Government has pinned hopes on the US to save Sri Lanka at the September UNHRC sessions. The US Secretary of State had advised Colombo to go for a general election before September in an attempt to stall the tabling of the war crimes report against Sri Lanka in September at the UNHRC sessions.

When an election is held in a country, there is no moral right to conduct probes or table such reports. The Maithri Government told the US that pro-Mahinda MPs in Parliament would not support a mechanism for a domestic probe on war crimes by the minority government and, therefore, it is necessary to hold an election to seek a fresh mandate. The US may consider such a request from Maithri as being bona-fide.

That could be the reason why Kerry spoke of a general election during summer. If a general election is held beyond September there will be no path for Sri Lanka to get the report stalled.

The Tamil Diaspora tried its best to get the report tabled last March. They will further attempt to get that report tabled in September. Kerry represents the Massachusetts State in the United States. The Tamil Diaspora is strong in that State.

The Tamil Diaspora passed a resolution to establish a Tamil Eelam in that State in 1981 through the House of Representatives.

While the Tamil Diaspora there works round the clock to get Kerry’s support in that State, the success of gaining Kerry’s support at this juncture is certainly a victory for the Maithri Government.

Courtesy:Ceylon Today