Connect with us

South Asia

Constitutional Crisis in Sri Lanka and its Impact on Indo-Pacific Diplomacy

Published

on

Authors: Raghav Pandey & Adithya Anil Variath

The neologism – Constitutional coup, entered into the foray ofrealpolitik with President Maithripala Sirisena sacking his ally and incumbent Prime Minister Wickremesinghe and appointing former president Mahinda Rajapaksa, persona non grata with the regime as the new Prime Minister. The current capture of power has again put the Indian Ocean diplomacy in the international foreground following pandemonium in Maldives island over its recent presidential election. Sri Lanka has again dived into a stalemate menacing its democratic values and political stability.  The current crisis was unanticipated and serendipitous given the political realities of the nation, the verdict in the last parliamentary elections and the amended powers of the President under the Constitution of the country.

This is not the first time that a President according to his whims and fancies has ousted Wickremesinghe from his office. A similar scenario arose in 2004, the then head of state sacked him from his responsibilities and called for snap elections in the mid-term. Eventually, after winning the top post for the third time in August 2015, Wickremesinghe passed a Constitutional amendment to amend the Constitution to remove the President’s power to sack Prime Ministers to prevent a repeat of his earlier unceremonious ouster. 72 – year- old Mahindra Rajapaksa, considered as a war hero among the supporters was previously elected as the President from 2005 to 2015. But during Rajapaksa’s period of misgovernance, Sri Lanka warranted international criticism from economies worldwide and intergovernmental bodies for obstructing investigations into allegations of war crimes perpetrated and executed by the military officials against Tamil civilians.

A 2011 United Nation’s Report of the Secretary-General’s Panel of Experts on Accountability in Sri Lanka estimated that as many as 40,000 Tamils may have been killed in the endmost months of the war alone. The panel on the basis of shreds of evidence inculpated the Tamil Tigers of committing atrocities against women, including recruiting child soldiers. During Rajapaksa’s regime, he concurrently was in charge as President and finance minister, among other cabinet positions, while his family members served as the defence secretary and ministries dealing with economy and ports. This political power and nepotism controlled about 80 per cent of the total national budget and was accused of corruption and major human rights abuses. The voice of dissent, both political opponents and investigative journalists critical of their governance often disappeared.

Sirisena as a Cabinet ranked Minister handled the Ministry of Health and Defence, ante defecting the party to join then Opposition in 2014. After which Sirisena loyalists in the Sri Lanka Freedom Party (SLFP) formed a coalition with the United National Party (UNP), led by Ranil Wickremesinghe. He was voted into power in January 2015, relying on the promises of greater transparency and administrative accountability, protecting human rights and a crackdown on corruption and nepotism.  The fragile coalition government kickstarted an ambitious reform package, including measures to introduce constitutional and electoral reform. The Government also sent strong signals to international community to showcase its creditability and intention to protect and promote human rights by co-sponsoring a UN resolution in 2015 on promoting reconciliation, accountability and human rights that required them to make concrete commitments on transitional justice, following the end of Sri Lanka’s nearly three-decade-long civil war in 2009. But these assertive projects began to crumble due to inefficiency and social divisions along the lines of ethnicity and religion. In the recent local government elections, Rajapaksa’s Sri Lanka Podujana Peramuna (SLPP), a breakaway faction of the SLFP consisting of Rajapaksa and his followers accumulated over 44% of the vote.

The United People’s Freedom Alliance (UPFA), headed by President Maithripala Sirisena won just over 8%. While the faction of United National Party (UNP), led by Ranil Wickremesinghe attracted a substantial voter base, the elections were seen as a bone breaker to the coalition government. Concatenation of Cabinet reshuffles and power successions led to a no-confidence motion levelled against Prime Minister Wickremesinghe in April 2018.  Before suspending the elected Government, Sirisena also accused the UNP faction of not taking cognizance of an alleged murder conspiracy to assassinate him and former top Defence Secretary Gotabhaya Rajapaksa, brother of Mahinda Rajapaksa.

Ousted Prime Minister Ranil Wickremesinghe, making a powerful statement from Temple Trees, addressed the people as “the elected Prime Minister of the democratic republic of Sri Lanka under the powers guided by Article (42) of the Constitution and the 19th Amendment. I trounced the no-confidence motion brought against me and relish a clear majority in Parliament. I shall remain Prime Minister for as long as I enjoy a majority in Parliament and support of people.”  Wickremesinghe’s faction of UNP has been counting on the constitutional principle of the 19th amendment to the Constitution, adopted with the guidance of President Sirisena in April 2015, which empowers the President to appoint a new prime minister, but not the power to remove one. Article 46 (2) after the infamous 19th Amendment to the Constitution, reads as; the Prime Minister continues to hold office, throughout the period during which the Cabinet of Ministers continues to function under the provisions of the Constitution, unless he: (a) resigns by writing or, (b) ceases to be a Member of Parliament. Meanwhile, there is high speculation that Sirisena and Rajapaksa have already entered into a secret deal which will empower Sirisena to contest the upcoming 2020 presidential elections against the UNP with the full cooperation of SLPP.

Wickremesinghe’s UNP and other political as well as non-political groups challenged the President’s decision in the Supreme Court, terming it unconstitutional. UNP’s main argument was based on the interpretation of Article 70 (1) of the Sri Lankan Constitution. The petitioners pointed out that this provision restricts the powers of the President to dissolve Parliament before the end of the four-and-half years out of the five-year term. Sri Lanka’s Supreme Court upheld the arguments raised by the petitioners, that the President’s move did not have the support of two-thirds of the members, which is an essential requirement under the said article. Taking into consideration these constitutional principles, the Supreme Court overturned President Maithripala Sirisena’s controversial decision to dissolve the Parliament and stayed the preparations for snap polls declared to be held on 5 January 2019. Immediately after the Court’s verdict, Speaker Karu Jayasuriya summoned a Parliamentary session on 14 November 2018, during which the Parliament passed the non-confidence motion against the recently appointed government led by Prime Minister Rajapaksa with the backing of 122 of the 225 lawmakers in a voice vote, followed by a signed document. But, President Sirisena in an official letter addressed to the Speaker said he could not accept the non-confidence motion as it appeared to have ignored the Constitution, parliamentary procedure and constitutional tradition.

In an unprecedented move, as a temporary solution, the political parties in Sri Lanka agreed to form a select committee to conduct parliamentary affairs amid the constitutional crisis. Sri Lanka’s Parliament which was convened yesterday for a third-floor test was adjourned just ten minutes after its commencement as the parliamentarians were unable to decide on the members of the committee. The Sri Lankan lawmakers have also submitted a motion which shall be out into vote on November 29, seeking the suspension of state funds allocated to the present illegitimate government. The current constitutional and political dilemma has hit the economy. On Monday, the Sri Lankan rupee fell to a record low of 177.20 per dollar and the foreign investors have pulled out more than 30 billion rupees ($169.5 million) since the decision of the Supreme Court.Sri Lanka’s politico-economic condition is already under duress with Forex reserves slithering, pressuring the local currency vis-à-vis economic problems in global emerging markets and weakening international investor confidence.

A stable Sri Lankan democracy is in the political, social and economic interests of New Delhi to further strengthen its blue water diplomacy.  Taking into consideration the tenets of Indian Ocean diplomacy, the current political scenario is a real gift to China, during Rajapaksa’s stint, Sri Lanka moved closer to China. While Wickremesinghe practiced a liberal approach to balance relations with India and China, Rajapaksa supports and endorses a tilted policy to accept Chinese money even in the face of unreasonable terms. Colombo is a real victim here due to the repercussions of this inarticulate economic policy, as it was forced to sell strategic assets to Beijing, including the Hambantota port, when it failed to meet liabilities. The United States has been vocal against China’s “debt trap diplomacy” and singled out Sri Lanka, contending the Chinese-built seaport will preferably become a forward military base for China’s growing blue-water navy to exert dominance in the region.

Analysing the present economic situation, it is clear that there is an urgent need of foreign capital and international financial aid and Rajapaksa’s government will most likely accelerate more Chinese investments in the region. With this tapping of Chinese resources and monetary aid, other major foreign players operating in the island nation such as India and Japan are likely to experience unmitigated economic and political risks.  A recent election in the Maldives was a diplomatic win for India as the region witnessed the previous China funded government lose power to a pro-democracy party, attracting the island closer to New Delhi. The current political discourse in Sri Lanka would further facilitate the world’s second-largest economy steal a diplomatic victory against India as the two nuclear superpowers battle for supremacy in the Indian Ocean region.

Continue Reading
Comments

South Asia

2018 was the deadliest year in the history of Kashmir

Irfan Khan

Published

on

Kashmir is natural paradise and gorgeous valley located between Pakistan, India, Afghanistan, China and with a small strip of 27 miles with Tajikistan and Kyrgyzstan. But it is still a disputed region since partition of United India into India and Pakistan (also Bangladesh in 1971) in 1947.

The history of the freedom of Kashmir dates to 1931 when the people, both Hindus and Muslims, initiated a freedom movement against the then Maharaja (ruler) to have their own indigenous rule. The resentment of the people led to the ‘Quit Kashmir’ campaign against the Maharaja in 1946. Faced with the insurgency of his people, the Maharaja fled the capital, Srinagar, on October 25, 1947 and arranged that India send its army to help him crush the rebellion. India, coveting the territory, set the condition that Maharaja must sign an ‘Instrument of Accession’ to India. At the same time, India had to attach another condition that accession was made subject to ‘reference to the people.’ On India’s showing, therefore, the accession has a provisional character.

Then India brought the dispute to the United Nations where the Security Council discussed the question exhaustively from January to April 1948. Then both India and Pakistan and approved by the international community that the dispute over the status of Jammu and Kashmir can be settled only in accordance with the will of the people which can be ascertained through the democratic method of a free and impartial Kashmiri citizens vote.

The people of Kashmir, despite of being injured since long could not lost their hope. They believe in United Nation(UN), assuming it will advocate choice of freedom for them. During the July-August 2018, people from entire Srinagar and other towns, were protesting government of India’s violation of Article 35-A of Indian’s constitution. 35-A, assure special rights to the state of Jammu and Kashmir.

Whenever, there is peaceful demonstration from them, then they must suffer basic human rights violation, fear and state of starvation as response of Indian government. In 2018, 111 civilians are killed which is double to the previous year recorded 40 killing by the Indian forces. India has some 500,000 troops deployed in Kashmir. Popular unrest has been rising since 2016 when a charismatic young Kashmiri leader, Burhan Wani, was shot dead by Indian forces.

Pakistan always has been bolstering the way of peaceful talk with India over the issue. Last year, in October, Prime Minister Imran Khan, repeated Pakistan’s stance that the solution to the region’s dispute laid in dialogue. He said,”It is time India realised that it must move to resolve the Kashmir dispute through dialogue in accordance with the UN SC resolutions and the wishes of the Kashmiri people”.

Kashmiri leader Mirwaiz Umar Farooq, in response to PM Khan said we welcomed “Pakistan’s concern” but called for Pakistan to “do much more” to “put an end to the appalling grind of repression and human rights abuse that Kashmiris are suffering at the hands of Indian state.

Happily, UN has issued human right report on Kashmir in June 2018. The report of 49 pages strongly emphasis on human right violation and abuses and delivering justice for all Kashmiris. UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein remarked “The political dimensions of the dispute between India and Pakistan have long been centre-stage, but this is not a conflict frozen in time. It is a conflict that has robbed millions of their basic human rights and continues to this day to inflict untold suffering. Therefore, any resolution of the political situation in Kashmir must entail a commitment to end the cycles of violence and ensure accountability for past and current violations and abuses by all parties and provide redress for victims”.

2018 was the deadliest year in the history of Kashmir. Hope so, Pakistan and India sandwiched by UN would resolve the issue based on Kashmir people’s choice of freedom so that human violation could be ceased.

Continue Reading

South Asia

CPSEC: The Saudi addition to CPEC

Published

on

CPEC has been a cornerstone of Pakistan’s long-term macroeconomic policy, and no matter who has been in power, the resolve to continue it further has been steadfast. Pakistan has realized its geopolitical advantage and has focused on constructing trade, energy and transportation corridors throughout its length. China and Pakistan in 2015, had agreed on partnering for the development of an economic corridor which would connect China’s western front with that of the Indus Belt and eventually with the Arabian Sea. The plan saw $ 62 Billion being committed to the execution of the project, building roads, rails, and power projects all along the length of Pakistan.   Contrary to popular belief, the economic corridor actually benefits both countries. China needs alternate routes for uninterrupted trade and energy supply, while Pakistan direly needed infrastructure and power sector development.

Saudi Involvement

At the recent Investment Conference titled “Davos in the Desert”, Pakistan’s newly elected Prime Minister had pitched the investment opportunities in Pakistan. Saudi Arabia now wants to be a partner in the CPEC project. The investment revolves around the establishment of an “Oil City” in Gawadar. Adviser to the Pakistani Prime Minister had said Saudi that the investment in the huge Oil City project in Gwadar would be $22 billion.

Recently after the twitter spat between the US and Saudi Arabia, the relations have been strained between the two long-term allies. Saudi Arabia, a longstanding US ally in the region is looking to diversify its relations with other nations to reduce its American dependence. This is why Saudi Arabia wants to partner into the CPEC project.

What benefits does Saudi Arabia have with the joining in the project? Saudi Arabia is still the largest supplier of crude oil. It has been looking to secure its oil exports and look for stable markets for its oil export. China is the largest importer of crude oil in the world, accounting for 18.6% of the total global import. The US, on the other hand, is the second largest importer of crude oil, though it also has a huge domestic production which accounts for 40% of its total domestic use. China clearly has the demand and the will to import Saudi oil and for this reason, Saudi Arabia wants to establish refineries, storages, and oil processing units at Gawadar to allow for uninterrupted oil flow into western China. The flow of this oil would be through Pakistan which has longstanding friendly bilateral relations with both Saudi Arabia and China. These relations are also independent of each other, hence the relations would not be affected by overlapping national interests. China also wants to have an uninterrupted energy supply to its mainland via alternate routes, which could not be affected by the geopolitics of the seas.

Saudi Arabia also looks at Pakistan as its long-term partner and a potential market for its exports.  Pakistan has a 202 million population, 70% of which is under 35 years of age. In case, peace returns to the region, Pakistan could show exponential growth and bulge of a new vibrant and energy-hungry middle class. In addition to that, Saudi Arabia wants to have stakes in Pakistan’s economy and what better way of doing all this than to invest in an Oil City, which also happens to be geographically nearby Saudi territory. Pakistan has also been very eager for investment diversification in its economy to avoid being labeled a China-only economy. Showing to the world that’s its doors are open for any country willing to invest into Pakistan.

Convergence of interests

This incredible convergence of interests paves the way for the China Pakistan Saudi Economic Corridor to be a very constructive regional partnership.  This partnership would see three regional powers engaging in positive regional trade and connectivity projects which would eventually increase trade, trust, and dependence on each other. Pakistan and China, both have repeatedly stated that CPEC is open for all to join in and collectively reap the benefits of trade and regional connectivity.

Continue Reading

South Asia

2018: A good year for China-India relations

Published

on

Authors: Arun Upadhyaya and Carter Chapwanya*

The year 2018 ended on a high note for China’s peripheral diplomacy as Sino-India relations are in good shape owing to several positive steps taken by the two governments.

Relations between the two countries had turned sour in the fall of 2017 due to border disputes in the South-Western part of mainland China. Several pundits had predicted that the standoff would escalate into a major military confrontation but the events that ensued proved them wrong.

Diplomatic efforts from both sides mitigated the conflict and culminated into an informal summit between President Xi and Prime Minister Modi which was held in Wuhan in April 2018. This summit had serendipitous effects that would reverberate to this day as they have come to be known as the ectoplasm essence of the ‘Wuhan Spirit’.

The two leaders agreed to focus on areas of cooperation and respective national development which would consequently enable them to set aside their differences.

They agreed to consolidate their resources in efforts of hastening regional development. The ‘China-India Plus’ cooperation model for regional development was devised and this would serve as a trust-building mechanism between two great economies that would then work together on several projects in and around the South-Asian region.

By October, the fruits of this arrangement could already be seen as the first phase of the India-China joint training for Afghan diplomats commenced in Delhi from October 15 to 26. The second phase was then held a month later in Beijing from November 18 to December 2.

India’s External affairs minister, Sushma Swaraj remarked that the joint training sessions were building blocks for a long-term trilateral partnership for the befit of Afghanistan. This came as a surprise to many as India had shown great reluctance towards trilateral interactions involving China in Nepal.

A similar sentiment had just two days earlier been expressed on the official account of the Indian Embassy in Afghanistan, which also described the training as ‘Trilateral Cooperation between India China and Afghanistan’. This was a major indication of the shift in India’s traditional position and created optimism for greater cooperation between the two countries.

The Doklam military standoff, in the border dispute, may just have laid the seeds for greater friendship between China and India as the efforts to resolve it resulted in many positive outcomes for the future of Sino-Indian bilateral ties.

In the meetings in Wuhan, Xi and Modi also saw the need to pursue more people-to-people mechanisms of high-level cooperation. At the end of December 2018, Chinese foreign minister; Wang Yi visited India to attend the first meeting of the China-India high-level people-to-people and cultural exchanges mechanism building on the agreement reached by the two countries in Wuhan.

At the meetings in Delhi, delegates from both countries reviewed the progress of the people-to-people initiative and agreed that the cultural exchange has been conducive for consolidating the social base of China-India friendships. They identified areas for further cooperation while strengthening existing programs such as the China India think tanks; youth exchange programs, education cooperation among others.

On the regional and the multilateral level, a consensus was reached to use organisations like East Asia Cooperation, BRICS, Ancient Civilisations forum and the Shanghai Cooperation Organisation in consolidated efforts of peace-building and development.

In addition, Sino-India economic ties improved significantly in 2018. China has now begun importing Agricultural and Pharmaceutical products from India and this has been quite a welcome development for India.

Another milestone achieved in 2018 as the two countries deepened their defence and security cooperation. Beijing and Delhi held the first high-level meeting on bilateral security cooperation with an objective of strengthening cooperation on counter-terrorism, drug control among others. Their two militaries also resumed military drills that had stalled in the aftermath of Doklam standoff. India also agreed to the renaming of Taipei and this was a very significant step in strengthening the bilateral relations.

Increased cooperation between China and India could be instrumental in fostering sustainable peace, stability and development in the region. Pundits now believe, increased strategic cooperation between the two Asian giants could also have interesting implications to the global balance of power.

The future looks bright for Sino-India relations as just in 2018; the two sides maintained strategic communication. The two leaders met several times for high-level meetings in an effort to build bridges on areas of dispute as well as to strengthen the mutual desire for commensurate growth and development. 2019 may even bring greater areas of convergence for Sino-India relations especially if the US protectionist agenda persists, and with the ‘spirit of Wuhan’ working well for the two countries it is doubtful whether there would be any major trepidation.

*Carter Chapwanya is a published author and currently a Political Science PhD candidate at Shandong University

Continue Reading

Latest

Newsdesk2 hours ago

Making Globalization Work: Climate, Inclusiveness and International Governance Top Agenda of the WEF 2019

The World Economic Forum Annual Meeting 2019 will take place on 22-25 January in Davos-Klosters, Switzerland. The meeting brings together...

Americas4 hours ago

How Has the Purpose(s) of American Higher Education Changed Over Time, and Why?

Initially, universities and colleges have been founded on three central promises such as (a) teaching, (b) public services, and (c)...

Reports6 hours ago

Corporate tax remains a key revenue source, despite falling rates worldwide

Taxes paid by companies remain a key source of government revenues, especially in developing countries, despite the worldwide trend of...

Africa8 hours ago

The Endless Debate about Russia’s Policy in Africa

Early March 2018, Foreign Affairs Minister Sergey Lavrov said in an interview with Hommes d’Afrique magazine that “our African friends...

Science & Technology10 hours ago

Science and society: Mind the gap

International regulations are failing to keep up with the mind-boggling pace of new scientific discoveries and potential “cowboy” applications. As...

Newsdesk12 hours ago

Is Haiti better prepared for disasters, nine years on from the 2010 earthquake?

Half a capital city destroyed, 220,000 reported dead and 1 million residents displaced. This was the toll of the 2010...

Europe14 hours ago

The Rise of Far Right Populism in Europe Ahead of EU Elections

Authors: Punsara Amarasinghe and Eshan Jayawardane* Populism in Europe as a civilizational legacy has a deeply rooted history which dates...

Trending

Copyright © 2018 Modern Diplomacy