Sri Lanka: Reform and Reconciliation

Sri Lanka: Reform and Reconciliation

June 3, 2016
Sri Lanka: Reform and Reconciliation
Overview
principle. The constitution of 1978 created a strong
Since January 2015, there has been a fundamental shift in
executive presidency.
Sri Lanka’s domestic politics. This shift raises the
possibility for deeper United States’ engagement. Sri
Present Political Situation and Reform
Lanka’s civil war between the Sinhalese majority
Process
government troops and the forces of the Liberation Tigers
Sri Lanka is in the midst of a political and constitutional
of Tamil Ealam (LTTE) ended in 2009 after 26 years,
reform process that has the potential to transform Sri
having claimed over 100,000 lives. U.S.-Sri Lankan
Lanka’s political system and reinvigorate its democratic
relations deteriorated during the closing phase of the war,
institutions. In one common view, a third term for former
under former President Mahinda Rajapaksa. Disagreements
President Rajapaksa would have robbed Sri Lanka’s
between the United States and Sri Lanka stemmed from
democracy of whatever little vigor was left in it. President
concern over how the Sri Lanka government fought the
Sirisena’s presidential victory over former President
LTTE, particularly in the final phase of the war. United
Rajapaksa in January 2015 was reaffirmed by parliamentary
States, Western, and Indian concerns over human rights had
elections in August 2015. These parliamentary elections
the effect of causing Sri Lanka, under former President
brought Prime Minister Wickremesinghe of the United
Rajapaksa, to turn to China for assistance as it pressed what
National Party to office. The UNP-led coalition won 106 of
was viewed by many as a ruthless military solution to
225 seats in parliament. It formed a “unity” government
defeat the LTTE. In presidential and parliamentary
with support from some members of the United People’s
elections in January and August 2015, voters ousted the
Freedom Alliance (UPFA). The Sri Lankan Freedom Party,
Rajapaksa regime and brought President Maithripala
which includes both Sirisena and Rajapaksa factions, forms
Sirisena and Prime Minister Ranil Wickremesinghe to
a key part of the UPFA. The UPFA as a whole secured 95
power in a national unity government. Supporters of the
seats. The Tamil National Alliance (TNA) with 16 seats
new government assert that this has created opportunities
leads the formal opposition. Sirisena was a Health Minister
for Sri Lanka to strengthen democratic institutions through
in Rajapaksa’s government before deciding to join the
constitutional reform, move forward with efforts to
coalition opposing him.
ameliorate ethnic conflict and achieve reconciliation with
the Tamil minority, reestablish close ties with the West, and
President Sirisena campaigned on a promise of reducing the
rebalance its relationship with India and China.
powers of the executive presidency and returning Sri Lanka
to a parliamentary democracy. In April 2015, the Sri
Background
Lankan parliament passed the 19th Amendment to the
The island nation of Sri Lanka, until 1972 known as
Constitution which reduces the powers of the executive
Ceylon, located off the southeastern tip of India, has a
presidency. The amendment reduces the term of office for
Sinhalese Buddhist majority (74.9%) and a minority Tamil
the president and parliament to five years from six
population (15.4%). This ethnic and religious division has
previously. The 19th Amendment also reintroduces the two
been the basis of much socio-political conflict in Sri
term limit for president and allows the president to dissolve
Lankan society. There are also smaller Muslim Moor
parliament only after four and a half years instead of after
(9.2%) and Christian minorities. Ceylon attained dominion
one year as was previously the case. Sirisena has indicated
status from Great Britain in 1948 and became fully
he favors further devolution of presidential powers to the
independent as the Democratic Socialist Republic of Sri
parliament.
Lanka in 1972. Its 22 million inhabitants enjoy relatively
high levels of development for South Asia with a per capita
In March 2016, the parliament adopted a resolution to take
GDP of $12,119 and a projected growth rate of 5.7% in
on the role of Constitutional Assembly to draft a new
2016. Sri Lanka’s key exports include textiles and apparel,
constitution. It is considering a number of reforms
tea and spices, rubber manufactures, precious stones and
including the abolition of the executive presidency and
coconut products. Its key export partners are the United
electoral reforms, which could include a switch to a Mixed
States (25%), the United Kingdom (10.2%), India (5.7%),
Member Proportional electoral system, among other
Italy (5.6%), and Germany (4.6%).
proposals under consideration. The Prevention of Terrorism
Act, under which police can detain suspects for extended
The two main political parties are the United National Party
periods without filing charges against them, is also under
(UNP), which leads the United National Front for Good
review. The TNA is looking for a federal solution within an
Governance (UNFGG) coalition, and the Sri Lanka
undivided Sri Lanka based on a merger of the north and
Freedom Party (SLFP), which leads the United People’s
eastern provinces. Opposition to the Constitutional
Freedom Alliance (UPFA) coalition. The constitution of
resolution led to the removal of a preamble that discussed
1972 made protection of Buddhism a constitutional
providing a constitutional resolution of the Tamil question.
While some reforms have been achieved, some analysts
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Sri Lanka: Reform and Reconciliation
have observed that the moderate consensus to effect further
development of Colombo Port City is once again moving
reforms remains vulnerable.
forward after Sirisena previously suspended it. Some view
the suspension of the Colombo port project as an effort by
Former President Rajapaksa, who continues to have a
Sirisena to rebalance Sri Lanka’s foreign policy.
strong following among SLFP Members of Parliament,
remains a divisive figure in Sri Lankan politics. For some
Transitional Justice and Reconciliation
he is the leader who brought victory over the Tamil
The civil war left a great rift in Sri Lankan society and the
insurgency, while for others he led a corrupt and nepotistic
previous Rajapaksa regime did little to heal the wounds left
government that committed human rights abuses. Some
by the war. While the Sirisena government has done more,
observers believe Rajapaksa will split the SLFP and form a
such as allowing the national anthem to be sung in Tamil,
new opposition party. Such a split could adversely affect
returning some lands taken during the war, and lifting a ban
future constitutional reforms that require a two thirds
on Tamil groups, Tamil groups are demanding much more.
majority vote in parliament. The Economist Intelligence
Most observers believe long term peace and harmony
Unit expects a split within the SLFP “with the subsequent
between the Sinhalese majority and the Tamil minority
formation of a new party likely to deprive the government
necessitates a reconciliation of grievances. In a general
of its two-thirds majority.”
sense, the Tamil community seeks recognition of its place
within Sri Lankan society. Many Tamils would like
U.S.-Sri Lanka Ties
increased autonomy, implementation of the 13th amendment
The Obama Administration is now aiming to broaden and
which would devolve power to the provinces, the return of
deepen its relationship with Sri Lanka and held an inaugural
all Tamil lands taken during the civil war, an inquiry into
U.S.-Sri Lanka Partnership Dialogue in Washington in
human rights abuses by the government during the war, and
February 2016. The dialogue discussed Sri Lanka’s pivotal
government assistance with missing persons. While
geo-strategic location within the Indian Ocean region as
observers have credited the Sirisena government with
well as economic cooperation, governance, development
opening up political debate, ending the authoritarian rule
and people-to-people ties. The United States also expressed
that pervaded under Rajapaksa and limiting some
its support for Sri Lanka’s “plans for constitutional and
presidential powers, the International Crisis Group notes
legislative reform including public consultations on a new
that “... the depths of nationalist sentiment and party politics
constitution and the repeal of the Prevention of Terrorism
have put sharp limits on what they [the Sirisena
Act.”
government] have been willing to do to address key
matters, including the concerns of Sri Lankan Tamils and
The FY2017 Foreign Operations request for United States
Muslims.”
assistance to Sri Lanka would increase funding from $3.9
million in FY2015 to $39.8 million in FY2017. United
Sri Lanka co-sponsored a U.N. Human Rights Council
States assistance seeks to “... support the new Sri Lanka
resolution which calls for wide ranging reforms and a
government’s reconciliation, reform, and accountability
domestic accountability mechanism with international
agenda with increased resources and programming to
involvement. This resolution fell short of Tamil demands
achieve historic advancements in human rights, economic
for an international mechanism, which was viewed by some
equality, and stability that were inconceivable a year ago.”
observers as politically infeasible at the time. U.N. High
Accelerating reconciliation between the majority population
Commissioner for Human Rights Zeid Ra’ad Al Hussein
and ethnic and religious minorities is a key focus of United
stated in February 2016 that he remained hopeful that the
States assistance to Sri Lanka.
Sri Lankan government would implement the provisions of
the resolution. President Sirisena reportedly remarked at
Geopolitical Context
that time that he would not seek any foreign involvement in
Sri Lanka is situated near strategic Indian Ocean sea lanes
trying cases of human rights violations and accountability
that link East Asia with the Persian Gulf and Europe.
issues.
China’s infrastructure development projects in Sri Lanka
are a key part of China’s Maritime Silk Road, which is part
During his visit to Sri Lanka in May 2015, Secretary of
of its One Belt One Road pan-Eurasian initiative.
State John Kerry stated “true peace is more than the
Development of the port at Hambantota in the south of Sri
absence of war. True and lasting peace, especially after a
Lanka was a key development project, among others, under
civil conflict, requires policies that foster reconciliation, not
former President Rajapaksa. Some estimate that China
resentment. It demands that all citizens of the nation be
invested, or committed to invest, about $8 billion, including
treated with equal respect and equal rights, and that no one
the Colombo Port City project, in Sri Lanka during the
be made to feel excluded or subjugated.”
previous Rajapaksa presidency. The $1.4 billion

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Sri Lanka: Reform and Reconciliation

Bruce Vaughn, Specialist in Asian Affairs
IF10420

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