The Government has despatched a team of Faith leaders to Europe with the aim of persuading the European Union to retain the GSP+ facility for imports from Sri Lanka. It is difficult to understand the strategy of those who thought that it is faith leaders who can swing EU’s decision in Sri Lanka’s favour. Faith leaders by training try and influence the hearts and minds of the faithful – some are even able to send women into a trance at Vihara Maha Devi Park and elsewhere. But they will hardly be equal to the task of engaging the hardened politicians and bureaucrats at the EU about Sri Lanka’s case for compliance or non-compliance with the conditions for retaining the GSP+ facility.

The European Union’s Generalised Scheme of (Tariff) Preferences ‘provides non-reciprocal preferential access to the European market to 176 developing countries and territories… its primary objective is to contribute to the reduction of poverty and the promotion of sustainable development and good governance.’ The GSP+ is a further facility given to some 16 ‘vulnerable’ developing countries as an incentive for sustainable development and good governance. It requires the beneficiary countries to ratify and fully implement some 27 international covenants pertaining to human rights and core labour standards. The key covenant in this regard is the International Covenant on Civil and Political Rights which Sri Lanka signed in 1980. But the ICCPR requires domestic legislation to fully implement them. The domestic legislation we have enacted falls far short of the standards laid down in the ICCPR.

But quite apart from the legislative and constitutional provisions that do or do not exist in keeping with the standards that EU expects, we have to show that we observe the same standards in practice. This is where we have fallen far short, as reported by the EU team that investigated our record of civil and political rights. These shortcomings have to be addressed at a political level, not by pleadings from faith leaders. Enacting appropriate legislation should have been done a long time ago. For instance, Lakshman Kadirgamar, then Foreign Minister, took the initiative in 1997 in Sri Lanka acceding to the First Optional Protocol to the ICCPR. In 2006 however, a Bench of the Supreme Court headed by Chief Justice Sarath Silva held that accession to be invalid. Adequate legislation should have then been introduced to rectify what the Supreme Court held to be unconstitutional. That was not done.

But it is the human rights violations on the ground that have concerned the EU investigation team. They have referred to the denial of freedom of movement to the IDPs, the lack of any meaningful investigation into reported cases of extra-judicial killings, disappearances and unlawful abductions and the non-implementation of constitutional provisions. These are issues which display a brazen disregard for the rule of law and can be put right immediately if there is a political will. The violation of the 17th Amendment to the Constitution has been specifically pointed out.

The 17th Amendment was a triumph of consensus by our legislators under the Chandrika Kumaratunga Presidency. President Mahinda Rajapakse must not take cover under the Presidential immunity he enjoys and disregard his constitutional duty by the country. This is not just to meet the criticism of the European Commission to obtain the GSP+ facility; it is in our country’s interest to have an independent public service, an independent judiciary, an independent Police Service, an independent Human Rights Commission and above all, with national elections ahead, an independent Elections Commission.

The country is facing an economic crisis. Let us not, by own failings, exacerbate the crisis by losing the GSP+ facility. It is within our power to put right many of the violations that fall short of the universal civil and political standards which the EU expects. Let us act now.

General Sarath Fonseka has cut short his visit to the US and returned to Sri Lanka earlier than expected. The early return was first announced by JVP parliamentarian Samantha Waidyaratne, who probably received his information from someone in Sri Lanka who was privy to General Fonseka’s plans.

Fonseka’s departure from the US was a day before his originally scheduled date for a meeting with officials of the US Department of Homeland Security. It is not known what contact he had with the DHS before he left but it is likely that they were aware of his early departure. It is said that Defence Secretary Gotabaya Rajapakse also had a meeting with the DHS officials when he was in the US last month. Why then was so much hype made about Fonseka’s meeting with the DHS? As a responsible professional soldier, he would have been guarded in his statements. For the same reason, he would not have issued any public statement about the content of his discussions.

The hottest topic of discussion in political circles now is whether Fonseka will enter the political arena. He himself has steered clear of giving any signals, indeed he cannot since he is still a serving officer. But even after his retirement takes effect, he will probably still keep people guessing for a while. He is a hardened professional and whatever decision he takes will certainly be a carefully considered one.

Apart from President Rajapakse, who and how many will contest the next Presidential election is not known at this stage; even though the indications are that it will be held early next year. The Election promises to be a closer affair than what was expected a few months ago. If there is to be three-cornered contest, it could even go to a count of the second preferences. But all this is too early now to comment. We have to await nomination day and the identity of the candidates.

Sri Lankans have been making the news in various parts of the world, for the wrong reasons though. Two have been beheaded in Saudi Arabia after being convicted of robbery and murder. Rizana Nafeek, the young girl who went as a housemaid but was asked to look after an infant who apparently choked and died, still languishes in a Saudi jail awaiting the hearing of her appeal against conviction. Convinced of her innocence, many human rights organizations, notably the Asian Human Rights Commission, have been supporting her through this lengthy legal process.

Seven judges have taken the plunge in accepting appointments in Fiji where the country’s Court of Appeal ruled that the government of Commodore Frank Bainimarama, who seized power in a military coup, was illegal. Within days of the court ruling, President Josefa Iloilo had scrapped the constitution, sacked the judiciary and reappointed Bainimarama until 2014. The Sri Lankan judges will replace the sacked judiciary. Apart from the political crisis, Fiji is going through an economic crisis as well. If the crisis worsens, it could lead to unrest and one hopes that the judges were aware of the risks they were taking.

But it is the asylum seekers from Sri Lanka who are making the headlines in many countries. It unfortunately brings negative publicity to the country, but we must remember that they are Sri Lankans who have taken this step in desperation for a better life. It is reported that many boats have been leaving from the East in recent weeks. These people take enormous risks, some even losing their lives in the process. The fact that nearly all of them are Tamils, makes many in our country to throw the label of Tigers at them. We and the rest of the world need to find a solution to asylum requests but simply dismissing them as Tigers (without any evidence however) smacks of racism.

The most controversial case is that of 78 Sri Lankans holed up in a vessel for over two weeks off the Indonesian coastal town of Tanjung Pinang. The Australian Prime Minister Kevin Rudd struck a deal with the Indonesian President about taking them to Indonesia but it has not worked out. Rudd has since softened his stance and says he has not ruled out recalling the vessel to Australia. Many within Australia feel that they should be treated with sympathy. Two of the country’s most powerful unions, the Maritime Union of Australia and the Construction Forestry Mining Energy Union, have said they would donate $10,000 to the 78 asylum-seekers aboard the boat.

An Australian government psychologist has warned that if the stand-off goes on much longer, their psyches will be affected. He also said that however much they are coaxed, however many more days the stand-off goes on, the decision of the boat people is not going to change because they are desperate. The recommendation of this psychologist is expected to put further pressure on Prime Minister Kevin Rudd to allow the Oceanic Viking to return to Christmas Island with the 78 on board.

In the meantime, the supertanker carrying 27 survivors from last Sunday’s boat disaster off the Cocos Islands arrived at Christmas Island yesterday (Friday), where authorities are to begin processing their claims for asylum.