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Judiciary and diplomacy

06 Jun 2022

Speaking about the recent dispute between Sri Lanka and Russia, Prime Minister Ranil Wickremesinghe stated that he has informed Russia (through Sri Lanka’s Foreign Ministry) that the ongoing legal action with regard to a Russia-owned Aeroflot passenger aircraft is not a diplomatic issue between the two countries, but rather a private legal issue, and that the legal action in this regard would be expedited. The Prime Minister’s statement comes in a context where a number of parties – including politicians and famous figures that have considerable influence on ordinary citizens, as well as ordinary citizens themselves – have started questioning Sri Lanka’s response to this matter, regarding which there appears to be little understanding. Many question why the Sri Lankan Government is acting in a strict and an official manner with Russia, and why it cannot give Russia some relief.  The main reason behind this sentiment is the widespread notion that Sri Lanka should support Russia in the case filed by an Ireland-based aviation service, in order to get Russia’s support in stabilising Sri Lanka’s collapsing economy. Over the past few months, many Sri Lankans have come to see Russia as some kind of a saviour that can help Sri Lanka’s economy – Russia was the source of one of the highest numbers of tourists to pandemic-hit Sri Lanka during the past few months, and there were promising signs of obtaining Russian crude oil at a relatively lower rate. The major question, however, is whether Sri Lanka can simply forget about the legal proceedings taking place in the Commercial High Court, and prioritise its diplomatic and economic interests. While the diplomatic relations implications of this matter cannot, and should not, be completely ignored, the main concern many ordinary Sri Lankans have is whether this incident would adversely affect the foreign support Sri Lanka is expecting from Russia. Even though the prevailing circumstances call for any kind of support from almost any party willing to support Sri Lanka, it would be imprudent to jeopardise the country’s credibility among the international community by ignoring the case filed against the Russian carrier.  Although the matter is being actively discussed on social media platforms, these discussions do not pay adequate attention to the fact that this matter is being heard in a court of law. At the same time, many seem to be trying to portray this as a matter between Sri Lanka and Russia, which has to be dealt with at the diplomatic level. In this context, it is crucial to understand the roles Sri Lanka’s Judiciary and diplomatic missions play in this incident. On the one hand, the court is yet to take all facts into consideration and pronounce its verdict. Until then, it is crucial to refrain from expressing any ill-informed opinions or taking ill-informed decisions, because such can easily mislead the people and affect the ongoing case. On the other hand, those who comment about the matter should be prudent enough to not turn these legal proceedings into a purely diplomatic matter and demand that the Government or relevant Sri Lankan diplomatic missions take the law into their hands. Moreover, the diplomatic aspect of this matter has a lot to do with countries other than Russia. One of the reasons Sri Lanka is receiving monetary and in-kind support from countries throughout the world is because it has gained a reputation for being a neutral nation – a reputation it has maintained for decades, at least until the mid-2000s. Even in the case of the Russian-Ukrainian war, Sri Lanka did not pick a side, and only requested that the war be brought to an end immediately. If Sri Lanka takes a side in this case, going against its own legal framework, that is sure to have an adverse impact on the country’s record of neutrality.  In a context where Sri Lanka is seeking support from any source, while also facing human rights-related allegations at the United Nations Human Rights Council (UNHRC), picking a side will paint the country in an extremely negative light. The best and perhaps the only way forward is to let the Judiciary perform its job based on facts and figures, while encouraging diplomatic missions to smoothly manage diplomatic ties with Russia. Doing so will help Sri Lanka maintain its diplomatic ties with Russia, which have a very long history, regardless of the court’s verdict, and perhaps continue to obtain any support that Russia, or any other country for that matter, is expected to provide once this matter is resolved. It is now a matter of balancing the country’s judicial independence, protecting Sri Lanka’s neutral stance, and testing our diplomats’ skills in pacifying these bilateral tensions.


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