Presidency and the Green-card

Philip Fernando

Sarath Fonseka is the first United States Green-card holder to seek the highest elected office in Sri Lanka. That poses a serious conflict of interest which he has so far failed to put before the people of the country as part of his election bid. The only honest course of action open to him is to be transparent in his political discourse with the electorate and explain his position fully. The duality cannot be hidden away.

As a US Green-card holder Fonseka's status is that of a permanent US resident awaiting citizenship in that country. He has not told anyone whether he has become a US citizen or is still a Green-card holder. He is required by United States law among other things, to file his income tax returns every year and not to be away from the USA for more than six months at a stretch. That rule applies to all Green-card holders.

There are many Green-card holders employed by the Government of Sri Lanka in various capacities - as ambassadors, officials and even lawyers. But they can be hired and fired by their employer - the Government of Sri Lanka. As President, Fonseka entails a duality which would pose a major conflict of interest to holding the highest office of Presidency of the Republic of Sri Lanka.

Ability to govern effectively

Above all, Sarath Fonseka has a major conflict of interest in safeguarding the vital security interests of Sri Lanka as President, if he remains a Green-card holder or a US citizen.

If there are points of divergence between Sri Lanka and USA on any matter, Fonseka would be caught between the two conflicting demands that would be virtually impossible to meet. If he is a Green-card-holder, Fonseka would be required to make a periodical six-month journey back to USA every year even for a few weeks to keep his Green-card intact as required by US law and to file income tax returns every year. It would detract from his ability to govern effectively. The Green-card would be annulled if he remains longer than six months (barring exceptional circumstances like life threatening illness etc).

He would be subject to the strict rules of departure and re-entry demanded by the US Department of Homeland Security.

Last October-November when Fonseka visited USA he had a narrow shave as he reportedly dodged the summons of the Homeland Security Department and Sri Lanka Government reportedly had to send an SOS insisting that the Fonseka report for duty as a Sri Lankan Armed Forces Chief-he was still employed by the Government then.

The Homeland Security Department honoured that request of the Government. Fonseka had used the Diplomatic passport issued by Sri Lankan Government during that trip to the US.

Sri Lankan ambassador had reportedly brought him to the airport and saw him through checkpoints.

Candidate Fonseka has to seek legal advice in sorting out what part of his income is subject to US taxes, if any and what other ramifications await the duality that he is now trying to create for himself as a candidate.

Non-Alignment principles

Our relations with countries reportedly adversarial in their dealings with USA would automatically pose major restrictions on Fonseka's ability to function as President. Non-aligned principles we so proudly founded with India, Cuba and others would be jeopardized with a US Green-card holder or US citizen becoming President of Sri Lanka.

Sarath Fonseka is fully aware what pressures the foreign vested interests exerted during the last days of the war against the LTTE just prior to the battle of Nandikadal when Sri Lanka was hit with in incessant barrage of strictures by those trying to force a ceasefire. How such an eventuality could be warded off, if the President is a permanent resident of USA is very much relevant to Sarath Fonseka's campaign to be President. He has not spent much time on this matter.

Candidate Sarath Fonseka has no choice but explain these matters precisely. He owes it to the people of Sri Lanka to explain where they stand with one of their Presidential candidates. Will he opt to forego his Green-card or citizenship? The ball is squarely in his court. He cannot dodge this one.

Strange bed-fellows

Sarath Fonseka as the common candidate of two parties with divergent policies - UNP and JVP would also be placed in a situation of having to juggle away some of the obvious points of contention between his sponsors. The pro-Western UNP leadership and the radical anti-US interest of the JVP would be like the mill stone round the neck of the common candidate.

Those are serious matters for Fonseka to deal with and are already surfacing with a vengeance. But the central issue of concern to the country is how effective Fonseka could carry out his duties when such glaring contradictions subvert his very existence. They say that the bull and the buffalo would never pull the cart with the same rhythm.