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Foreign Affairs

The Final Threat To Sri Lanka’s National Security Is New Media

Gotabaya Rajapaksa

Gotabaya Rajapaksa

I welcome you to this lecture under the National Interest Module of the inaugural MPhil/PhD Programme of the Kotelawala Defence University. The topic of this lecture is “Sri Lanka’s National Security Concerns”. As we all know, Sri Lanka is one of the most peaceful and stable countries in the world today. Our citizens are enjoying the benefits of peace and have complete freedom and countless opportunities to build better futures for themselves. At the same time, it must be understood that as with any other sovereign nation, Sri Lanka faces potential threats from various sources. Guarding against these threats and ensuring the safety of the nation is the first duty of the Government, because National Security is the foundation of our freedom and our prosperity. As such, the Government needs to be fully aware of all the issues that impact the country in areas such as Defence, Foreign Policy, Economic Affairs and internal Law & Order. It must formulate a comprehensive National Security strategy to deal with them.

A viable National Security strategy must constantly align ends with means, goals with resources, and objectives with the tools required to accomplish them. The strategy needs to be aligned with the aspirations of the people, and it must have public support. Ideally, if comprehensive security is to be ensured, it requires the achievement of national cohesion, political and economic stability, the elimination of terrorism, the countering of extremism, and the formulation of effective responses to external challenges. The Government must make every effort to keep aware of a continually changing situation and take appropriate action in response to new developments and challenges. It is only then that the safety of the nation can be assured.

In the course of this lecture on Sri Lanka’s National Security Concerns, I will examine the following areas:

Sri Lanka’s overall National Security context

The primary threats to our National Security at present; and,

The strategies that are being formulated in response to these threats.

The Context of National Security in Sri Lanka

In the first several years after the achievement of Independence, National Security did not need to be a primary concern of the Government of Ceylon. As an independent Dominion of Great Britain, and as a non-aligned nation with excellent relationships within and outside the region, there were few pressing threats that the Government had to deal with. As a result, the attention given to National Security was minimal, as was the emphasis placed on the country’s Defence apparatus. The military was largely ceremonial. It only had to assist the Government on occasions when there were issues such as public sector work stoppages or riots. The need to strengthen law enforcement and the Armed Forces to protect the nation against internal or external threats was not seen as a pressing concern. The attempted coup d’‚tat in 1962 further reduced the attention given to the Defence apparatus by the Government. Due to fears that a strong military would be a threat to democracy, as had been the case in some neighbouring countries during this period, funding for the Armed Forces was drastically reduced and recruitments curtailed.

As a result of the weakening of the military, the country was not in the best position to deal with the first major threat to its National Security when it erupted in 1971. This was the first JVP Insurrection. Although investigations into JVP activities had been going on for some time, cutbacks to intelligence services, including the closure of the Special Branch of the Police in 1970, had left the Government largely unaware of the scale of the insurrection it was facing. The nation’s military was overstretched. In response to the Government’s appeals for help, India and Pakistan sent in troops to secure critical installations while essential equipment and ammunition was provided by Britain and the Soviet Union. Although the insurrection was successfully suppressed within a short time, it had many consequences. One of the most crucial from a historical perspective was that National Security became a much greater concern both for the Government and for the general public. As Ceylon became Sri Lanka in 1972, upholding National Security was one of its foremost priorities.

In the late 1970s, Sri Lanka saw the emergence of the greatest ever threat to its sovereignty in the form of the terrorism of the Tamil separatist groups in the North and East. As the conflict worsened in the early 1980s, particularly after the riots of 1983, the threat of terrorism loomed large not only in the North and East but effectively all over the country. The rise of the Liberation Tigers of Tamil Eelam (LTTE), and the likelihood of its attacks in public places fostered a deep insecurity amongst the people. There was significant loss of life, loss of property, and countless lost opportunities to achieve economic development. The law and order situation deteriorated as arms and ammunition started to flow to criminal elements in the underworld. By the late 1980s, the second JVP insurrection caused the further deterioration of the security situation throughout Sri Lanka. As a result of the increasing instability and violence, people began to lose some of their freedoms as more and more intensive measures had to be taken by the state in trying to uphold public security.

As the terrorism situation worsened, there was also an increasing involvement of foreign powers and the international community in Sri Lanka’s internal affairs. During the early stages of the terrorist conflict, India trained LTTE cadres in training bases established in Tamil Nadu. Many of the leaders of other separatist groups also frequented that state. It is also important to note that several international Non Governmental Organisations that were based in the North and East first started to cooperate with the terrorist groups active in those areas during this period. In 1985, India facilitated talks between the Government of Sri Lanka and the separatist groups in Thimpu, Bhutan. The talks collapsed due to the unrealistic demands made by the separatists. These demands would have gravely affected Sri Lanka’s sovereignty if granted, and the Government had no choice but to refuse them. Fighting soon resumed. By this time, the conflict transformed into one between the state and the LTTE, which had used the ceasefire granted for the Thimpu talks to destroy rival separatist groups.

As the fighting gained momentum, the emphasis given to National Security by the Government also increased. For the first time, the appointment of a Minister of National Security was seen as necessary. The strength of the military was also significantly enhanced, with larger recruitment drives, the acquisition of better assets, and improved training to counter the growing threats. With its improved capabilities, the military was able to make more and more progress in fighting the terrorism of the LTTE. For the first time, we also saw changes within the structure of the military. The need for a coordinated effort to combat terrorism led to the establishment of a Joint Operation Command to coordinate the three Armed Services, Police and Intelligence Services in counter terrorism operations. The military used battle formations for the first time, and the requirement for a National Intelligence Bureau to coordinate the intelligence services at a national level was also understood and subsequently brought into being.

In 1987, the very successful Vadamarachchi Operation enabled the Government to regain control of much of the North, leaving the LTTE on the brink of defeat. At this point, India intervened directly in the conflict by air dropping humanitarian relief supplies over Jaffna. This led to the abandonment of the Vadamarachchi operation, and the Indo-Lanka Accord was signed in July of that year. This led to the induction of the Indian Peacekeeping Force (IPKF) to the North of Sri Lanka, where it got embroiled in conflict with the LTTE. After more than two years of fighting, the IPKF withdrew from Sri Lanka in October 1990, and fighting resumed between the LTTE and Government Forces.

Although there were several periodic attempts at peace talks, the intensity of the war grew during the 1990s and in the early 2000s, with several major battles being fought and much hardship suffered throughout the country. The military was strengthened significantly to deal with this threat. Specialised units such as the Commando Regiment and the Special Forces Regiment of the Army, as well as the Special Boat Squadron of the Navy were developed to deal with the increasing military challenge posed by the LTTE in the North and East. However, in addition to its battles with the military, the LTTE also frequently carried out attacks against civilians in the rest of the country. Large bombings took place in public locations in Colombo, killing thousands. Hundreds more were massacred in vulnerable villages near LTTE dominated territory. Critical installations and economic targets such as the International Airport, Central Bank and the Kolonnawa Oil Refinery were also ruthlessly attacked. In order to contain this very serious threat to national security, precautionary measures had to be greatly increased throughout the country. This led to the visible presence of soldiers on the streets, the widespread use of checkpoints, frequent cordon and search operations, and the constant upholding of the Emergency Regulations, which gave wide-ranging powers to the military and law enforcement agencies. The entire country was effectively on a war footing.

In 2002, the next major development in the conflict was the signing of the Ceasefire Agreement with the LTTE under mediation of Norway. This event can also be viewed as the next major phase in the internationalisation of Sri Lankan affairs as a result of the conflict. The Peace Process that was entered into by the Government of the time was facilitated by Norway, with the support of the representatives of major donor countries, namely the European Union, the United States of America and Japan. Together with Norway, they comprised the four Co-Chairs of the Sri Lankan Peace Process. A Sri Lanka Monitoring Mission was also established, comprising members from Nordic countries, to supervise the implementation of the Ceasefire Agreement. Despite their presence, the LTTE continued to create instability in the country; assassinating its key opponents including Hon. Lakshman Kadirgamar, the Sri Lankan Foreign Minister, and carrying out occasional attacks against civilians.

In 2006, increasing provocations by the LTTE culminated in its threatening of a humanitarian crisis by closing the vital Maavilaru Sluice Gate. This was a crisis that affected the right to water of thousands of households, and even affected national food security by preventing the flow of water to many thousands of acres of agricultural land. The Government intervened with a limited operation to reopen the sluice gate, but was met with large-scale attacks by the LTTE on several fronts. This led to the widening of the military campaign into the Humanitarian Operation that ultimately freed Sri Lanka from terrorism.

The Humanitarian Operation required significant strengthening of the military to enable its success. During the ceasefire period, the LTTE had managed to strengthen its offensive capabilities significantly. It had approximately 30,000 cadres in its ranks and a vast arsenal of weapons and equipment that included heavy artillery, mortar, missiles, rocket propelled grenades, and light aircraft. Combating such an enemy that employed guerrilla tactics required the Sri Lankan Armed Forces to grow significantly. Between the end of 2005 and the end of 2009, the number of Army personnel grew from 120,000 to over 200,000; its 9 Divisions were increased to 20; its 44 Brigades expanded to 71; and its 149 Battalions increased to 284. The Navy and the Air Force were also expanded significantly, and given tasks beyond their classic role. The upholding of security throughout the country also required the Police and Special Task Force to be strengthened, and the Civil Defence Force was revamped and significantly expanded.

Because of the internationalisation of the Sri Lankan situation during the previous decades, there was a great deal of foreign scrutiny on the progress of the Humanitarian Operation. By keeping the Indian leaders constantly informed about what was happening on ground, and by skilfully managing our relationships with other nations, it was possible for the war effort to continue unimpeded. Nevertheless, towards the end of the war in 2009, the Foreign Ministers of France and the United Kingdom arrived in Sri Lanka and attempted to intervene in the military campaign, although they did not succeed. Efforts by such parties to end the Humanitarian Operation reflect the tremendous influence that the LTTE’s international network had on foreign capitals. Many in the international community wilfully ignored the fact that the Government of Sri Lanka was duty-bound to protect its citizens from the aggression of the LTTE terrorists. Even after the war ended and peace dawned in 2009, this bias against the Government led to Sri Lanka being taken up at the United Nations Human Rights Council. Although the initial Resolution against Sri Lanka was defeated that year, two more were sponsored by the United States in 2012 and 2013, and successfully passed.

Today, Sri Lanka is a country enjoying the full benefits of peace, and it is engaged in a concerted push to accelerate its economic development and bring prosperity to its citizens. The country has much to catch up on. Three decades of conflict lost us countless opportunities for growth: foreign and local investment suffered due to fears about the war; tourists did not visit the country, and many of our best and brightest went overseas to build better futures for themselves. Countries such as Singapore, which were in a similar economic position to Sri Lanka when we reached Independence in 1948, developed at a tremendous rate during this period. This is because they did not have a major conflict to contend with. Sri Lanka’s prospects on the other hand were greatly curtailed as a result of the war. This is why the biggest responsibility of the Government of Sri Lanka even today, in the post war situation, is to ensure the continued security of the country. Without security and stability, there will be no economic development. The maintenance of National Security is therefore of the utmost importance.

The National Security of Sri Lanka needs to be addressed in context of the history of this country and the realities of its present situation, and most critically from the perspective of several responsibilities of the state. The state must ensure that the Sovereignty and Territorial Integrity of the nation is maintained, and that there are no threats to the safety of our population. Ensuring economic growth so that the people of the country can uplift their standard of living is also critical in order to prevent internal problems recurring in the future. Creating a favourable environment for Sri Lanka internationally is similarly of the utmost importance in keeping adverse external influence at bay. Securing the safety of our physical assets and safeguarding the nation’s democracy are also critical. Considering this overall context, it is clear that National Security must be understood within a unified, single framework that integrates the nation’s Defence, Law and Order, Foreign Policy and Economic Policy. These four areas need to come together in the creation of a comprehensive National Security Strategy. This is essential if Sri Lanka is to consolidate its present peace and stability and fulfil its potential.

Present National Security Concerns

There are several potential threats in today’s context that Sri Lanka needs to be concerned about. These include:

The possible re-emergence of terrorism

The emergence of other extremist groups

The creation of ethnic divisions and communal violence

The challenges of maritime security and border control

The growth of organised crime

Foreign interference in domestic affairs

Non-traditional threats through technology driven new media, including social media.

In discussing terrorism, it is first of all important to appreciate the sheer scale of the problem that the Government of Sri Lanka was confronted with as a result of the LTTE over the past three decades. Since the 1970s, the LTTE grew from a small organisation of armed individuals to a large, sophisticated terrorist outfit with very advanced combat capabilities. At its height, the LTTE had more than 30,000 battle-hardened cadres; access to large stockpiles of modern armaments, ammunition and equipment; a sophisticated naval wing and a fledgling air wing. For a considerable period of the conflict, the LTTE was able to maintain the illusion of a functional state apparatus in the territories it dominated. It also had significant influence in foreign capitals as a result of its extensive international network. Defeating the LTTE required a concerted effort on the part of the Sri Lankan Government. As a result of the unwavering leadership of His Excellency the President Mahinda Rajapaksa, this task was achieved in May of 2009.

In the immediate aftermath of the war, there were a number of issues that needed to be dealt with. First was the problem of nearly 300,000 internally displaced people who had been used as the LTTE’s human shield during the last phases of the war. Then there was the need to demine the North and East so that those areas would be safe for human habitation. This resulted in the recovery of hundreds of thousands of mines and improvised explosive devices laid by the LTTE during its retreat. Infrastructure development and reconstruction of those areas after years of neglect under the LTTE’s dominance was another significant issue that had to be dealt with, after which it was possible to resettle the IDPs in their places of origin. One of the most important issues was dealing with the nearly twelve thousand surrendered LTTE cadres and four thousand detained cadres. The Government took the bold step of rehabilitating nearly all of them so that they could become productive citizens in future. The vast majority of them have already been reintegrated with society.

Amongst other post war achievements has been the disarming of other armed groups that used to operate in the North and East, and the encouragement these groups have been given to contribute to society through democratic processes. The restrictions that used to be in force on movement, fishing, high security zones etc., have all been removed. Democracy has been completely restored, with free and fair elections taking place. Economic growth in the North and East has been truly remarkable in the recent past, and it is clear beyond doubt that normalcy has been restored to the people.

Despite all of these very positive developments, however, the threat of terrorism re-emerging still persists. One of the main reasons for the LTTE’s success during its heyday was its extensive international network, which has been in operation for many decades. Following the ambush and massacre of 13 soldiers in the North by the LTTE in 1983, there was a major communal backlash against the Tamils in the rest of the country. As a result of the July 1983 riots, a large number of Tamil people left Sri Lanka and travelled to countries such as Canada, the United Kingdom, Malaysia and parts of Europe. These countries granted asylum to these immigrants, and later granted them citizenship. As such, there is a large population of immigrant Sri Lankan Tamils in other countries. A small minority of this population supports the LTTE even to this day. Extremist elements within this community, together with LTTE agents and operatives, including trained terrorists who fled Sri Lanka at various times during the war, comprise the LTTE’s international network.

After the demise of Prabhakaran, the LTTE’s former procurement chief Kumaran Pathmanadan, better known as KP, took control over this network and indicated that it would continue to work for the separatist cause through peaceful means. However, a breakaway faction emerged almost immediately, led by Nediyawan, who wanted to continue Prabhakaran’s ideology of violence. Nediyawan’s group, was previously known as The Tamil Eelam People’s Assembly or the Tamil National Council and is now known as the Tamil Coordinating Committee, Based in Norway, this group has been working with other international groups to promote the LTTE’s separatist cause in many parts of the world. The Tamil Coordinating Committee has control over most of the assets of the LTTE’s international organisation, including its media networks such as Tamil Net.

Following the arrest of KP in August 2009, Rudrakumaran took over the leadership of the main network and began working towards establishing a “Government in Exile”. This group now fashions itself as The Transnational Government of Tamil Eelam. In the guise of fighting for Tamil rights, its primary objective is to lobby foreign Governments for the establishment of a separate state in the North and East of Sri Lanka. The so-called “Transnational Government” has about twenty “Ministers” and “Deputy Ministers”, and was formed with assistance of an advisory committee comprising prominent pro LTTE activists, including foreigners who have been helping the LTTE for many years. There has recently been a revolt within the TGTE, where one third of its members loyal to Nediyawan, went against the leadership of Rudrakumaran because they wished to engage in more radical action.

Another prominent LTTE-linked group emerged out of the British Tamils Association, which was active since 2001 in supporting the terrorism of the LTTE in Sri Lanka. In 2006, the leader of the BTA, Arunachalam Krishanthakumar, alias Shanthan, was investigated on suspicion of supporting terrorist activities. As a result of these suspicions about the BTA, the British Tamils Forum was formed in 2006 to carry on the same activities in a new guise. The BTF acted as an umbrella organisation that mustered support from the immigrant Tamil community and local British politicians for dividing Sri Lanka. With Shanthan’s arrest by British authorities in June 2007 for providing material support to terrorism and his conviction in April 2009, as well as the defeat of the LTTE in May 2009, the role played by the BTF needed to be changed to suit the post-war environment.

As a result of this, the Global Tamils Forum emerged in February 2010, with many of the same members as the BTF. The head of the GTF is the so-called Father Emmanuel, a Priest who was once hailed by Prabhakaran as “a freedom fighter who has given leadership to a movement committed to setting up the homeland to Tamil Eelam”. Father Emmanuel has been engaged in a propaganda campaign against Sri Lanka for many years, targeting Tamil expatriates, Foreign Governments and International Organisations. He is known to have visited LTTE strongholds in Sri Lanka in mid-2000 to conduct training for selected youth who were earmarked to take up overseas appointments for fundraising and propaganda for the LTTE.

Under Father Emmanuel’s guidance, the GTF has successfully influenced a number of politicians from various political parties in European countries as well as the United States, Australia, Canada, and India to support the separatist cause. In addition, the GTF has courted officials within international organisations such as the United Nations, the European Union and various international non-governmental organisations to obtain their support. Part of the success of the GTF in these activities can be attributed to the involvement of influential pro-LTTE foreigners in it. These include Mrs. Joan Ryan, a former British Parliamentarian who has become the Head of the GTF’s Secretariat.

Yet another group that is active internationally in supporting the separatist cause is the LTTE Headquarter Group, which is based in France and headed by Vinayagam, a senior intelligence cadre who managed to escape during the final stages of the war in Sri Lanka. This is a group that is known to engage in Human Smuggling, with some of its past operations including the sending of the “Sun Sea” and “Ocean Lady” vessels from South East Asia to Canada in 2009 and 2010. The members of this group generally maintain a low profile and their movements are kept to a minimum as most of them have been issued Red Notices by Interpol for their involvement in criminal activities. They also keep their distance from both Nediyawan’s and Rudrakumaran’s groups, but maintain links with the GTF.

All of the LTTE-linked groups are coordinated by the GTF and united by one overarching objective. Their unwavering intent is the division of Sri Lanka and the establishment of a separate state for Tamil Eelam. There are several strategies through which they will try to achieve their objective. These include:

The winning of international opinion for the separatist cause,

Increasing international pressure on Sri Lanka in various areas; including pushing for international investigations into war crimes and claims of genocide, and by encouraging international monitoring of the national reconciliation process,

Undermining all efforts of the democratically elected Government of Sri Lanka to create a better future for its citizens through reconciliation and economic development, and

Continuing to push for the resumption of conflict through reorganizing local pro-LTTE elements within Sri Lanka.

Some of the efforts of these LTTE-linked groups have been successful to a certain extent in that despite the war having ended four years ago, the internal affairs of Sri Lanka have been kept at the forefront of the UNHRC’s Sessions as well as at the top of the agenda of several prominent international NGOs even in the recent past. It has to be noted that many of those who create this pressure by claiming to be human rights activists and victims of state repression are actually trained LTTE cadres and operatives who are now fully engaged in propaganda activities. It is very important to understand that their attempts to put pressure on the Government through international bodies such as the UNHRC and non state actors such as international NGOs is designed to strengthen those who work against Sri Lanka’s interests.

In this context it is important to realise that there are groups even within the democratic mainstream in Sri Lanka that obtain funding from the LTTE’s international network and pro-LTTE elements overseas, which more or less openly talk about achieving the very same objectives that the LTTE had. Though they appear to have a democratic face, their actions and remarks clearly show that the extremist separatist ideology has not yet disappeared. Their ultimate objective is achieving the division of Sri Lanka. As a result of their actions and statements, it is very much a possibility that certain radical elements will feel empowered to once again attempt to take up arms in the name of separation. This is a major National Security threat that needs to be taken with the utmost seriousness.

In addition to the threat of terrorism, Sri Lanka also faces a potential threat from other extremist groups. These are the remnants of the radical groups that were involved in previous insurgencies. Some of these groups are trying to reorganise within Sri Lanka and mobilise people to once again take up their extreme left wing causes. There is information that some of these groups have started to link up with the LTTE-linked groups to create further problems in Sri Lanka. Some of their activities include radicalising students and encouraging them to take to the streets in various protests. Though such activities are still in their early stages, they pose another serious National Security concern that we need to be vigilant of.

Another growing concern in the post-war environment is the increasing communalism amongst ethnic groups, which if left unaddressed, could result in the rise of ethnic tensions in the future. During the period of the war, it was not only the Sinhalese and Tamil communities that were affected by the terrorist separatism of the LTTE, but also the Muslims. After the LTTE started engaging in ethnic cleansing in the North in the early 1980s, it expelled the Sinhalese community from Jaffna and soon after turned its attention to the Muslims. Several massacres were carried out at Mosques in the East, and in October 1990, the LTTE expelled more than 75,000 Muslim residents from the North. This was followed by further brutal attacks on Muslims in vulnerable villages near the territory dominated by the LTTE. In this environment, the Muslims also started to organise themselves for their own protection against the LTTE. After the LTTE’s defeat, some of these groups have begun to engage in activities that stem far beyond self-protection. There is some information that some of these groups have even tried to link up with the global Islamic terrorist movement. This is a situation that requires careful monitoring.

On a broader scale, it also has to be acknowledged that one of the consequences of the terrorist conflict Sri Lanka endured for thirty years has been the increased insularity of ethnic groups. Rather than identifying themselves on the basis of nationality, the communities of Sri Lanka have begun to identify themselves on the basis of their ethnicity or their religion. Instead of calling themselves Sri Lankan, they identify themselves as Sinhalese or Tamils or Muslims or Buddhists or Christians. This fragmentation of the Sri Lankan identity is most unfortunate, because activists within these communal groups seek minority rights or ethnic rights rather than working within the framework of a common national identity.

The cross-border links that can arise as a result of such insular ethnic or religious identification is also very troublesome. It is clear that there are some in the Tamil community who identify themselves more with the Tamil community of Tamil Nadu than with their fellow Sri Lankans. This has been encouraged by some parties overseas who wish to promote the idea of a greater Tamil Nation. Similarly, it has been observed that there are some foreign groups that wish to encourage Sri Lankan Muslims to identify themselves more with the global Muslim community, thereby reducing their integration within Sri Lanka. This trend has been particularly prevalent in the post September 11 world, in which there has been a tendency among certain groups to try and influence the global Muslim community towards religious extremism has become visible.

The increasing insularity and cohesion amongst minority ethnic groups has also led to the emergence of hard line groups from the majority community: the popularity of certain political groups and movements can be viewed as being largely a response to this trend. In turn, the emergence of hard line groups in the majority community causes further tensions amongst other communities, which leads to a vicious cycle of greater fragmentation of the Sri Lankan identity. Sri Lanka had enough divisions in the past that ultimately led to conflict; we must learn the lessons from our past and ensure that history is not repeated. This is therefore a very serious National Security concern at the present moment.

The maintenance of maritime security is another serious National Security Concern that the Government needs to be vigilant about. As an island, Sri Lanka does not have land borders to worry about, but maintaining maritime security is a serious challenge. In the past, the only maritime security issues that had to be dealt with was the illegal movement of Indians into Sri Lanka and the smuggling that took place between Sri Lanka and South India. Preventing these threats was one of the foremost duties of the military in the 1950s and the 1960s. However, with the development of the LTTE and other terrorist groups in the 1970s and beyond, maritime security became a major concern to Sri Lanka.

For example, it is a well-known fact that the LTTE acquired a vast arsenal of weapons and equipment including artillery, missiles, mortars, armoured vehicles and even light aircraft. None of these items were produced in Sri Lanka, but were brought into Sri Lanka through the sea. In addition to military supplies, the LTTE’s cadres were initially trained at bases in Tamil Nadu. Given the recent activities of LTTE-linked organisations outside Sri Lanka and particularly in Tamil Nadu, this is very much a current threat even today.

The organised trafficking of persons or human smuggling is another significant maritime security issue. Organised groups, some of which are connected to LTTE-linked organisations, have lured many people seeking better economic prospects into this lucrative illegal operation. During this year alone, more than 440 such people have attempted to leave Sri Lanka illegally. Having sold their properties and handed over all their wealth to the operators of these schemes, the victims of human trafficking find themselves trapped on board unsafe vessels along with hundreds of others, travelling to countries that will most often refuse them entry. In order to make a compelling case for their acceptance by border control authorities abroad, such economic refugees often concoct stories about being persecuted in Sri Lanka, thereby damaging the country’s reputation. Furthermore, the mechanisms of human trafficking have enabled trained terrorists to escape justice in Sri Lanka and flee abroad to safe havens, from which they may once again attempt to cause problems to the country through other means.

A further consideration with regard to maritime security is the protection of our maritime assets. One of the problems Sri Lanka has faced in the maritime domain after the defeat of the LTTE has been the increasing incidence of pirate fishing in Sri Lankan waters by South Indian fishermen. These fishermen use illegal practices such as bottom trawling to maximise their catch. This causes serious damage to the healthy fish stocks in Sri Lankan waters, and also adversely affects the livelihoods of our own fishermen. These fishing boats that enter Sri Lankan waters illegally have also been known to engage in other criminal activities including drug smuggling. Protecting our waters from these fishermen, as well as from others who might seek to exploit our other oceanic resources including oil and gas, will be one of the key maritime security challenges for Sri Lanka in the future.

Somewhat farther afield, the threat of international piracy is also a concern for Sri Lanka’s maritime security. Many of the world’s most important Sea Lanes of Communications are located in close proximity to Sri Lanka, and both the newly built Hambantota Port as well as the Colombo port are ideally situated to service the hundreds of vessels that cross these lanes on a daily basis. The reach and sophistication of the pirates originating mostly from East Africa has been increasing in recent years. This factor undermines the security of these Sea Lanes and could pose a serious problem to shipping in the region in the future. This will have an impact on the country’s economic security as well, and is therefore another challenge that needs to be monitored.

With regard to border security, one of the concerns Sri Lanka has is the possibility of the country being used as a transit point for transnational crime. The arrest of certain elements connected with extremist regional terrorist groups in India and Pakistan have shown that they have used Sri Lanka as a transit point from which to coordinate their activities. Some who are known to have been temporarily sheltered in Sri Lanka by an International Organisation after claiming refugee status in the west, are known criminals who engaged in illegal activities such as credit card fraud, drug smuggling and counterfeit currency printing abroad.

Organised crime in Sri Lanka is another issue that needs to be addressed. As a result of the rise of terrorism and the insurrections Sri Lanka experienced over the last forty years, and the response required from the state, a considerable amount of arms and ammunition inadvertently fell into the hands of criminals. This led to the rise of the underworld, which is now engaged in a number of organised criminal activities including drugs, armed robberies, kidnappings for ransom and financial frauds. There are also groups that engage in seizing land illegally. Tackling the challenges posed by organised criminal groups is another priority for the state.

In today’s environment, the possibility of foreign interference in our internal affairs remains a significant National Security concern. With the involvement of countries like India, Norway, and the United States of America in Sri Lanka as a result of the terrorist conflict, matters relating to this country’s internal affairs have gained increased visibility within the international community. India in particular is very sensitive to what is going on in Sri Lanka because of the large Tamil population in its influential southern state of Tamil Nadu. Especially during the elections cycle, Sri Lanka figures large in its power politics. In the recent past, we have seen even the Chief Minister of Tamil Nadu attempting to pressurise the central government into opposing Sri Lanka internationally. This is a serious threat to Sri Lanka’s security, and perhaps even its sovereignty.

Furthermore, as a result of the rapid economic and military development of countries like India and China in recent decades, the entire Asian region has become increasingly important in global affairs. Because of Sri Lanka’s important geostrategic position within the Indian Ocean region, a great deal of attention is therefore placed upon it in the present era. There is a possibility that some western powers wish to have a Sri Lankan Government that is closely aligned with their interests, and will seek to influence Sri Lanka’s destiny so that it cannot pursue the independent course it is following at present.

A third factor that has led to Sri Lanka’s increasing importance in the international arena involves regional power politics. The issues between India and Pakistan, and the issues between India and China are particularly sensitive in this regard. With the rise of China as a world economic leader, there is a widespread belief that India feels insecure and is seeking to align itself with the other powers that seem similarly threatened by China’s ascendancy. The likelihood of the United States showing more interest in the region and aligning more with India is a factor that may affect Sri Lanka. Further, its establishment of a base in the Maldives is also changing the complexion of the region. These are developments that need to be monitored from the point of view of Sri Lanka’s national security.

The final threat to Sri Lanka’s National Security that I will highlight during this lecture is the emergence of technology driven new media including social media sites such as Facebook, Twitter and other websites on the Internet. We have seen the potential of this new media to destabilise nations and affect serious change in the case of countries like Tunisia, Libya, Egypt etc. Although the likelihood of events such as the Arab spring transpiring in Sri Lanka is minimal as a result of it being a democratic nation with an extremely popular political leadership that enjoys a very large electoral majority, this is yet another threat that needs to be monitored. Particularly due to increasing Internet penetration and computer literacy in Sri Lanka, many of our youth are familiar with social media and use it as a tool to gather information as well as propagate ideas. Those with vested interests can exploit social media to cause problems in Sri Lanka by propagating certain ideologies online and mobilising and organising people. This can be done with a minimal physical presence, and therefore forms a threat that is difficult to contain through the traditional tools of national defence.

National Security Response

Considering the foregoing threat assessment, it is clear that despite Sri Lanka being in a post-war situation in which most people are only concerned about economic development, National Security remains very much a core concern for the Government. In addressing the challenges discussed above and developing a comprehensive National Security Strategy, it is important for the Government to take a holistic view and incorporate many of its elements into a single policy framework.

In terms of internal security, the best response to most of the threats that we face is the development of the Intelligence Services. Sri Lanka has two primary intelligence arms: the State Intelligence Service and the Defence Intelligence, which comprises the Directorate of Military Intelligence, Directorate of Naval Intelligence, and Air Intelligence. In addition, the Police maintains the Special Branch, while the Special Task Force also has its own Intelligence Division. Furthermore, the Terrorist Investigation Department and Criminal Investigation Department of the Police also work closely with the other Intelligence agencies on matters relating to National Security.

In the past, the lack of strength and coordination amongst these various intelligence services used to be a serious issue. It is essential that they work together under a unified command structure in order to improve coordination and enhance capabilities. Towards this effect, one of the efforts undertaken by the present Government has been to bring these intelligence services under the Chief of National Intelligence, who reports directly to the Secretary to the Ministry of Defence. This has streamlined coordination and improved cooperation amongst the intelligence agencies.

Another important development in this regard has been the augmenting of resources allocated for the Intelligence function. After the war, the number of military intelligence units have been increased and each Security Force Head quarters now has its own Intelligence Unit. The Intelligence personnel are being afforded more and more training in order to enhance their capabilities and capacities, and as Sri Lanka moves forward, it is hoped that the Intelligence agencies will be able to keep track of and contain domestic National Security concerns.

Furthermore, although the requirement for offensive military operations no longer exists in Sri Lanka, it is of the utmost importance that our security measures are not relaxed. Although the military is not engaged in law enforcement activities, and although their visible presence has been greatly reduced, it is essential for the military to be placed in strategic locations throughout Sri Lanka. Particularly in the North and East, where we know that there are still potential threats to National Security, it is essential to have a significant though unobtrusive military presence. Some recent efforts of international elements to reorganise pro-LTTE elements in the North underscores the need for this. For example, the recent arrest of some youth in Jaffna and Chennai who had been recruited by a Chennai based LTTE-linked group funded by the LTTE’s Europe based network, shows the utmost need to remain vigilant in this regard.

It must also be underscored that as a Sovereign nation, Sri Lanka has every right to place its security elements in any part of the country it so chooses. While some in the international community talk about the so-called militarisation of the North and East, and some political parties in Sri Lanka decry the presence of the military in these areas, it must also be understood that the people of the North and East mostly have a very cordial relationship with the military. Since the end of the war, the military has been involved in a great deal of reconstruction work, and they have also supported the people of the area to resume their livelihoods. They have provided equipment and material for agriculture, fishing and various types of assistance for small business development. The increased attention given to Civic-Military affairs also helps National Security because it helps the Armed Forces to win the hearts and minds of the people in the former conflict areas.

With regard to the work of the Defence services in the post-war environment, it is also essential to expand the responsibilities of the Navy and the Coast Guard. The protection of Sri Lanka’s maritime borders is of the utmost importance, and there is a great deal of responsibility on these two institutions to safeguard our seas. The Exclusive Economic Zone Sri Lanka enjoys needs to be protected, as it is a vital economic asset. The Navy needs to get more naval assets so that it has the ability to patrol or dominate the blue seas. It is also important to improve the Navy’s surveillance capabilities through augmenting its Radars and adding a new air surveillance capability. The Air Force, too, needs to improve it capabilities with regard to surveillance operations.

Another aspect of internal security that needs to be mentioned is the rectification of weaknesses that we used to have with regard to the national identity system. Because it was a manual, paper-based system, criminal and terrorist elements could very easily obtain forged identity cards. This enabled the terrorists to operate throughout Sri Lanka under various names and aliases; this is why the threat of suicide bombings and other attacks in the rest of Sri Lanka was such a pressing problem during the period of the war. To address this critical weakness, the Registrar of Persons Department was brought under the Ministry of Defence & Urban Development, and a new identity card system that uses biometric information will be introduced shortly. Similarly, the problem of people coming into Sri Lanka and staying here illegally under false pretences will be addressed through the introduction of a proper border control system in which biometric information will be incorporated into the passport and international standards used for identity verification.

From the point of view of domestic security, perhaps the most critical aspect will be the achievement of national reconciliation and the forging of a common Sri Lankan identity. Economic development is an absolute necessity in this regard. The fact remains that unless people enjoy a reasonable standard of living, peace and reconciliation are very difficult to achieve. This is why the Government has spared no expense or effort to develop infrastructure and build up the North and East to a high standard. This will enable the benefits of peace to flow down to the people of those areas. When people know that they have the opportunity to achieve a better future for themselves, it is highly unlikely that they will waste their time on violent ideologies. The achievement of economic development and national reconciliation are therefore two of the key areas of focus of the Government in the present national context.

Finally, with regard to external threats, it is of the utmost importance that Sri Lanka maintains cordial relationships with its allies. Despite the present pressure from Tamil Nadu, it is essential to maintain a strong and healthy relationship with India. Relations with the many countries that helped us in the past, both in economic terms and through political support, should be strengthened further through skilful diplomacy and further development of mutual ties. It essential to further strengthen the existing cordial relationships with powerful nations such as China and Russia, which have permanent seats on the United Nations Security Council and can influence any international action on Sri Lanka more significantly than other nations. In this overall context, it is very important that the foreign policy of Sri Lanka needs to be realistic. It is essential for Sri Lanka to have close ties with certain powerful nations in the international community in order to safeguard its National Security interests.

During the course of this lecture I have outlined the overall context of Sri Lanka’s National Security concerns; identified our most pressing threats and discussed the broad outlines of the Government’s strategy to deal with all these issues. Ultimately, the best way to ensure that Sri Lanka remains safe and strong in the future is for all of us to put aside the differences of the past; unite as Sri Lankans, and work towards a better future for ourselves and for each other.

Thank you.

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Sri Lankans have launched a protest against Canada demanding that the country should not rise up against Sri Lankas programme of defeating terrorism. http://smsfree4all.com/free-sms-srilanka.php…
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Electrical energy Bill: Hundred Year Old Lesson For The Public Utilities Commission

Milton Rajaratne

Prof. Milton Rajaratne

Frederick Winslow Taylor is known as the ‘father of scientific management’. Taylor and his management thoughts became popular not only in America (USA) but also in Europe and Japan because of a litigation popularly known as the ‘Eastern Rate Case’.

In 1910, Eastern Rail Road Company of America submitted an application to the Interstate Commerce Commission of America seeking permission for increasing freight rates of the vessels that it operated. The Interstate Commerce Commission of America is an institution similar to the Public Utilities Commission of Sri Lanka (PUCSL) that deals with appeals for rate hikes from governmental and nongovernmental utilities industry.

The proposed rate hike of Eastern Rail Road Company, as was thought by many at that time, would inevitably invite a chain of price increases in many industrial inputs as well as consumer goods which finally could adversely affect the general public. Louis D. Brandeis, an American Lawyer who was known as the “people’s lawyer”, appeared against the move of the rate increase and filed a case against Eastern Rail Road Company on behalf of the general public.

Brandeis argued that Eastern Rail Road Company was seeking rate hike as it had failed in management which is a sole responsibility of the company but not of the general public. He maintained that management failure has caused inefficiencies and as a result the cost of operations has increased and thus it was unfair to grant permission for the company to increase rates. He connected the rate issue to management failure and implied that the cost of management failure need not be born to the general public who are not held responsible for the management affairs of the company. Having the Jury asked him to propose a cure for the management ailment that he claimed that the Eastern Rail Road was suffering from, Brandeis recommended ‘Scientific Management’ (the term he coined after the ‘Shop System’ of Taylor) as the new management system for the Eastern Rail Road to adopt through which the company could overcome its inefficiencies which had compelled it to seek rate increase.

The jury summoned Taylor, as the founder of the new management system, to witness to the lawyer’s claim. Taylor, in his testimony, explained the ins and outs of ‘Scientific Management’ and how it could increase efficiency in business operations. Taylor’s testimony was supported, at the courts, by a few well known business leaders namely J.M. Dodge, H.K. Hathaway, H.R. Towne and Harrington Emerson who already had adopted Taylor’s management system and had become highly cost efficient in their business operations. Emerson explained that, according to his estimates, the Eastern Rail Road could save one million dollars every day if Taylor’s scientific management was founded in it. His appeal promulgated the notion that scientific management was the magic-cure for the efficiency torn industries.

This one hundred year old ‘Eastern Rate Case’ has reincarnated at present in Sri Lanka along with the submission of an application by Ceylon Electricity Board to the Public Utilities Commission of Sri Lanka to increase the electricity tariff at a very high rate. Unlike in the 20th century America, no court cases were heard against the application for rate hike in 21st century Sri Lanka. Yet the Public Utilities Commission approved electricity tariff hike at an alarming rate which then invited numerous agitations and protests from the people. Despite the Opposition Party lawmakers accuse the management failure at Ceylon Electricity Board and appeal to correct its management practices through eliminating wastes and corruptions in order to bring down sky rocketing costs, the pro-government elements had drawn people in thousands to the streets in support of the decision to increase electricity tariff. This pro-tariff-hike parade endorsed the common mismanagement practices of the Electricity Board and empowered it to continue with those management evils.

Disregarding the management blunders of the Electricity Board claimed by the stakeholders and the inefficiencies emanated from them, the Public Utilities Commission approved tariff hike to the satisfaction of the client but to the dissatisfaction of the public. The Public Utilities Commission of Sri Lanka headed by Dr. Jayathissa de Costa did not take any trouble to question the management blunders of the Electricity Board before approving the rate hike. The responsibility of the Public Utilities Commission is to regulate the prices of utilities and the objective of price control on the other hand is to maintain right price and consumption stability. Thus it is a responsibility of the Commission to advise the Electricity Board to correct its management problems. The Commission neither has considered the negative chain reactions of the industrial sector to the tariff hike and erosion of the total consumption which ultimately would shrink the economy. Before long, the next Central Bank Quarterly would undoubtedly report drop in production, consumption, employment and economic growth in response to the electricity tariff hike.

The responsibility of the Public Utilities Commission has been elaborated in its Vision, Mission and Objectives. The Vision reads as “to create an environment for all inhabitants of Sri Lanka and the contributors to its development, to have access to essential infrastructure and utility services in the most economical manner within the boundaries of the sustainable development agenda of the country.” And the Mission is “to regulate all the utilities within the purview of the Public Utilities Commission of Sri Lanka to ensure safe, reliable and responsibly priced infrastructure services for existing as well as future consumers in the most equitable and sustainable manner.” The main objectives aim at “protecting interests of all consumers, promoting efficiency in both the operations of and capital investment in public utilities industries and promoting an efficient allocation of resources in public utilities industries.” The generously granted electricity rate hike by the Public Utilities Commission challenges its own vision, mission and objectives. Thus the purpose of existence of the Public Utilities Commission is lost!

Average consumers are not aware of the Eastern Rate case, Scientific Management or the Public Utilities Commission. Neither do they know Frederick Taylor or Jayathissa de Costa. But what they know is that their monthly electricity bill has doubled without increase in their electricity consumption and thus sizeable portion of their income has been siphoned off from their pockets for no responsibility they have assumed. Through granting approval for a massive tariff hike, the Public Utilities Commission has tolerated the mismanagement of the Electricity Board to persist. The inefficient public sector utility industries in the country can follow the mode of the Electricity Board and appeal for rate increases in the future. Is the Public Utilities Commission to blindly grant approval for their appeals too without proper assessment of management practices?

We anticipate that the Eastern Rate Case of 1910 in America would serve as precedence to the rate issues of Sri Lanka and that the public sector utility industries and the Public Utilities Commission would take a step back and learn from the hundred year old management of Taylor and from the ‘Easter Rate Case’!

*Writer is the Professor of Management, University of Peradeniya

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Ethics Is A Standard Homeland Without having Claimants

Malinda Seneviratne

Malinda Seneviratne

The self-immolation of Ven Bowatte Indraratnana Thero raised many questions.  Whatever the late Thero’s intentions may have been, it is unlikely that ‘media ethics’ or lack thereof was something that prompted the horrifying act.  That, however, is what we are left with.

The action or rather inaction of those who may have been able to prevent the tragedy, especially the journalist who was ‘in the know’ has spurred much debate on what really constitutes ‘responsibility’ for people in the media industry.

At panel discussion on the subject organized by the Sri Lanka Press Institute, a young journalist Tharaka Basnayake, had asked the following question: ‘How does citizen journalism fits into codes of ethics since almost all the mainstream media outlets encourage citizens to capture whatever they desire and with regard to Indrarathana Thero’s self-immolation, most of the ordinary citizens were busy capturing the action with their mobile phones (against their conscience)?’

The question is simple: ‘Is the journalist’s duty to capture spectacle or whatever is newsworthy as per the dictates of professionalism or react humanely to a situation where choice of action/inaction can make a different between life and death?’  Put another way, ‘Can there ever be guidelines to inform a professional when to drop professional garb and when to put on larger humane clothing?’

It is something we can talk about forever.

The Government has found it fit, under these circumstances, to come up with ‘ethical guidelines’ for journalists.  The Government has been fittingly lampooned in the press for the presumptuousness of the exercise, given the fact that politicians and state media personal have hardly covered themselves in glory on account of ethical behavior.

The humor, however, should not stop with the Government or the State Media or even journalists in general.  ‘Ethics’ is a rare commodity, so rare that rather than rarity resulting in high value it has reverted to the other extreme in valuation: nothing.   Ethics is talked about.  It is scripted into professional oaths.  It is tossed into advertising copy.  It is almost as though the word would make palatable any excrement as such is dished out by the corporate world or by professional entities.  All it takes is to say, ‘we are ethical’.  But are we?

This is the age of the spectacle.  This is the era of instant gratification. By omission or commission this world has either embraced or resolved to submit to Mr. Spectacle.  All that glitters may not be gold, but glitter fetches a better price than ethics in the market, let us acknowledge.  Even crap that is glitter-clothed or worse, glitter-labeled, let us add!

Is he who demands honor, himself honorable?  Is she who demands ethical behavior herself ethical in her behavior?  Who are the saints here?  The truth is that ‘ethics’ cannot be legislated.  They cannot be advertised.  In short there’s no market for ethics.  That’s the brutal fact that is being ignored in the debate.

Today’s market is full of goods and services deliberately marked with planned obsolescence; things are made to break (sooner rather than later) with adequate caveats in the small print regarding warranties to insure the vendor.  And what’s good for refrigerators, laptops, mobile phones and iPods is good for the media too.  It works.  Stories are re-invented.  A women jumps into a well with a baby and the media shares the savory details in a way that prompts another depressed individual to execute a copy-cat jump that will continue to keep the media in business.  One story is crafted in a way that a follow-up story will result.  So what’s new?  What’s ‘unethical’ about it?  It’s just business as usual in the 21st Century, isn’t it?

The question can be asked, ‘isn’t this how it always was?’  Yes, there were always neethi (laws) and there were always reethi (customs).  The difference is that in times gone by, the latter prevailed over the former.  The latter drew from an ethical template.

The incident resulted in an interrogation of the media on the subject of ethics, interestingly by those who really don’t have the right to talk about ethics.  There cannot be ethics in isolation.  There cannot be ethics for some but not for others.  But laws, we know, are selective and prejudiced in favor of the powerful, i.e. those who have money or power or both.

Still, that fact alone is not enough to settle for ‘business as usual’.  Self-regulation begins with self, it goes without saying.  We, the media, as a tribe, are but one part of society and can claim rightful share to its glories and resolve to own up to its shame.  We could play safe and say ‘let’s see you go first!’ but that’s cop-out option.

We cannot get anyone to pay for even a tiny advertisement pleading ‘Let’s be ethical’.  We can but be ethical, as per our sense of right and wrong, regardless of professional dictates (which too, let us not forget, are for the most part ‘owned’ by corporate prerogatives).

*Malinda Seneviratne is the Chief Editor of ‘The Nation’ and his articles can be found at www.malindawords.blogspot.com

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13th Amendment: Unaddressed Problems

V.Sivayogalingam

Dr. V.Sivayogalingam

Prof. Sivayogalingam  passed away day before yesterday. He was a Senior Lecturer attached to the Department of Political Science of University of Peradeniya, passed away day before yesterday. Last week he has sent couple of his articles to CT. One article; “Muslims Are The Present Target Group For Sinhala Hegemonic Nationalists” was published last week. We publish below another article by him – CT 

Sri Lankan society is an ethno-religious mosaic and within the ethnic groups, there are clear religious divisions as well. To a certain extent, ethnicity and religion also have a regional basis, which is a significant reason why the Tamil militancy has a strong geographical dimension, which extended to the demand of a separate independent state. Of the ethnic and religious groups, Tamil Hindus predominate in the Northern Province and maintain a significant presence in the Eastern Province. The Eastern Province is an ethnically mixed area where Tamils, Muslims and Sinhalese are found in sizeable numbers even though Tamils have a slightly higher statistical edge. Indian Tamils—the descendants of laborers brought from Southern India by the British in the 19th century to work on tea and coffee estates—are concentrated in parts of the Central, Uwa and Sabaragamuwa Provinces. Sinhalese Buddhists predominate in all parts of the country except the Northern and Eastern Provinces. Muslims have a significant concentration in the Eastern Province, but generally are scattered throughout the country. Christians maintain a significant presence in the coastal areas as a result of over 500 years of constant European colonial presence and the consequent Christianization of significant numbers of the population in these areas. However, Christians are found in all parts of the country in small numbers. Malays are mostly concentrated in and around the city of Colombo and the Western Province.

By the time Sri Lanka achieved independence in 1948 from the UK, there were expectations that the country would become a model democracy. Universal adult franchise had been introduced in the 1931, democratic institutions and traditions had been in place and political violence was not an issue. Moreover, by the 1950s literacy in Sri Lanka was on the rise and there were no serious indicators of economic or social catastrophes of the years to come. However, even before independence, there were clear indications of ethnic politics that were to emerge later.

The ethnic conflict in Sri Lanka has many root causes and consequences that are closely interlinked. It is primarily can be broadly identified as: Ethnic politics and the interpretation of the past; Politics of language; Politics of education; and other factors, including employment and land.

The Emergence of Ethnic Politics

Relations between Tamils and Sinhalese have not always or consistently been antagonistic. This happened only in times of external threats from South India after the formulation of clear Sinhalese and Tamil ethnic or cultural identities in the 9th (or 12th) century. These wars were wars of dominance fought between regional rulers and were not ‘race’ wars as defined later. Historical chronicles compiled by Sinhalese Buddhist monks defined these wars as campaigns undertaken to protect Buddhism and the Sinhalese nation. Meanwhile, one million Indian Tamils were disenfranchised in 1948 under the Ceylon Citizenship Act. Of this, approximately 350,000 were repatriated to India under the Indo-Ceylon Agreement of 1964.

Ethnic Conflict and Language

In addition to the barriers imposed by the continued use of the English language as the official language after independence, the emerging nationalist forces perceived that Sri Lankan Tamils had access to a disproportionate share of power as a consequence of educational opportunities in the colonial period and were also disproportionately represented in the civil administration. Moreover, considerable mercantile interests were also controlled by non-Sinhalese groups. These fears and concerns were a basis for the politics of language that was to emerge.

As early as 1944, politicians proposed resolutions in Parliament to declare Sinhalese the official language, while other amendments proposed both Sinhalese and Tamil as official languages. In 1956, S.W.R.D Bandaranaike was elected Prime Minister with a main election promise of establishing Sinhalese as the official language of the country, replacing English. The new government fulfilled this promise—through the passage of the so-called “Sinhalese Only Bill” (Official Language Act, No. 33 of 1956)—soon after the election giving no status of parity to the Tamil language.

The language issue in many ways brought the Sinhalese-Tamil conflict into the forefront of Sri Lankan politics. In terms of the dominant strands of Sinhalese nationalism, the Sinhalese language along with the Buddhist religion necessarily had to occupy the pre-eminent position in society. This was perceived to be the only way the glory of ancient Sinhalese civilization could be revitalized. Even though Tamil has been decreed an official language along with Sinhalese in terms of the 13th Amendment to the Constitution (in 1987), the damage caused by the politics of language generally remain unaddressed. Moreover, the vast gap between the official recognition of Tamil as an official language and the practical implementation of the provisions and conditions it entails, is yet to be bridged.

Ethnic Conflict and Education

Since the 1970s, access to education—particularly access to higher education—has been ethnicized. In addition, many other aspects of education—including the structural organization of schools and universities, contents of textbooks and training of teachers—have impacted directly on ethnic conflict. Compared to other ethnic and religious groups in the country, Tamils have had strong cultural norms which valued education. Many Tamils attended English language schools which were the passport to higher education and better employment in the colonial period. As a consequence of well-funded American missionary activities, the Tamil-dominated Northern Province had comparatively better facilities for English language and pre-university education.

In this context, post-independence Sinhalese nationalism sought to curb the Tamil presence in education and thus also in the professions and civil administration. While the passing of the “Sinhalese Only Bill” was one attempt in this process, more direct hurdles were placed on the path of Tamils’ realization of educational goals since the 1970s. The constitutional provisions in the 1972 Constitution favoring the Sinhalese language and Buddhist religion, along with their educational policies, convinced many Tamils that they had been perceived as a marginal community.

From 1971 onwards, a new “standardization” policy was adopted, which ensured that the number of students qualifying for university entrance from each language was proportionate to the number of students who sat for university entrance examination in that language. In real terms this meant that Tamil speaking students had to score much higher than Sinhalese speaking students to gain admission to universities. This also meant that for the first time, the integrity of university admissions policy was tampered with by using ethnicity as a basis. In 1972, a district quota system was introduced in order to benefit those not having adequate access to educational facilities within each language. These changes had a serious impact on the demographic patterns of university entry.

In general, these policies seriously impacted upon not only the chances of Tamils to gain access to higher education, but also on the overall process of ethnic relations as well. In 1977, the language-based admission policy was abolished and since that time various adjustments have been introduced on the basis of merit, district quotas, disadvantaged area quotas, etc. While the obvious ethno-linguistic discrimination of the 1971 policy has long been dismantled, many Tamil youth still feel that they are discriminated against in access to higher education.

Ethnic Conflict and Employment

As mentioned above, both language and education policies have placed barriers on employment, especially in the administrative and professional ranks in which Tamils were at one point “overrepresented.” as a result of the discrimination that has occurred in state sector employment practices over time, there is a tendency among many Tamils to perceive of themselves as generally discriminated against in employment. According to the census of public sector and corporate sector employment in 1990, Sri Lankan Tamils accounted for 5.9% of those employed in the state services. This represents a significant drop from earlier years.

Ethnic Conflict and the Issue of Land

The issue of ownership over and access to land has also been a consistent area in which ethnic politics in Sri Lanka have manifested, and have sustained themselves over the years. As noted, one of the peculiarities in the demographic patterns in Sri Lanka is the relative concentration of certain ethnic groups in certain geographical regions. The clearest site of politics of land and ethnicity has been in the sparsely populated areas of the dry zone in the North Central Province and the Eastern Province. When post-independence governments decided to settle poor Sinhalese farmers from the densely populated wet zone areas of the country, many Sinhalese politicians and people in general viewed the process as a “reclamation and recreation in the present of the glorious Sinhalese Buddhist past.” The so-called “colonization schemes” became an integral aspect of Sinhalese Buddhist ‘nation-building.’

Not surprisingly, the Tamils had a completely different perception of the colonization of the dry zone. The notion of the ‘traditional Tamil homeland’ became a potent component of popular Tamil political imagination. Since Sinhalese irrigation settlements in the North Central and Eastern Provinces occurred under direct state sponsorship, it appeared to many Tamils as a deliberate attempt of the Sinhalese-dominated state to marginalize them further by decreasing their numbers in the area. The colonization schemes did alter the demographic patterns, particularly in the Eastern Province in a significant way.

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Numbers Game: Politics Of Restorative Justice

S.Sivathasan

S.Sivathasan

What is the above subject?  Appellation of a Seminar.

Held at:  Marga Institute, Colombo.

Held on:  May 16th, 2013

Occasion:  To launch a publication

Produced by:  Independent Diaspora Analysis Group (IDAG)

“GAME FOR THE CHILD, AGONY FOR THE MOUSE”.

So runs a Tamil proverb highlighting the point that an event can be both a pastime and a tragedy at the same time. Making a game of numbers massacred is appalling. Even if the purpose be a call to the adversary not to inflate the figures, it is equally defiling.  The choice of the wrong word is prejudicial to the analysis, casting misgivings about detached study or objective conclusions.

A Report on the seminar appears in Ground Views of May 29th. It was said at the seminar that “citing large and inaccurate figures raised issues… Continued recycling of spurious figures can only inhibit the healing process”. Soon after the war some of us computed the likely figures of those entrapped in the final stages of the war. We based it on the census figures of 1981 for the Wanni, subsequent official estimates by the Department of Census and Statistics, extrapolation based on national magnitudes, estimate of internal migration and guesstimate of emigration from the Wanni. Also reckoned alongside were statistics of Internally Displaced Persons (IDPs) and official figures of refugee assistance recipients with which we were conversant. My position as Secretary Rehabilitation in the North East Provincial Council and immediately subsequently as Advisor in the Central Ministry of Rehabilitation, gave me access to such information.

For those encircled, rendered displaced and then confined to camps, we arrived at the figure of 300,000 plus. Why not 350, 000 or 400,000? If we were erring, we preferred to be on the conservative side. What did the government say and later trumpet Goebbels style repetitively? 70,000. When evidence overwhelmed, the figure of 300,000 was announced by the government in acknowledgement.  Why were small and inaccurate figures given in the first instance? Why a predilection for the spurious? To serve two purposes. The government knowing full well its cavalier treatment of food and medical needs of the encamped refugees, had the necessity to show particularly the international community that the fraction of less than a fourth it sent met the needs adequately. Secondly, to pull wool over the eyes of everybody by suggesting that a residue of 70,000 couldn’t have generated 40,000 casualties.

Which approximation is credible and which is a strain on credibility? 300,000+ refugees and 40,000+ casualties or 70,000 refugees announced by the government and about 8,000 casualties proclaimed by its apologists? In contrast was our experience with the UNP government’s avowed policy of keeping the people fed in the war years of the eighties. Data from District Administration were accepted about food needs of both civilians and refugees and the requirement was met. This was despite severe interruptions to road and rail transport.

Mr.MDD Peiris as Secretary Food in the eighties, undertook a heavy responsibility upon himself in organizing sea transport and even authorizing high freight rates when the situation demanded. Once he told me “Whatever may be happening in the country, we have to keep the people fed”. With such an attitude which reflected the government’s as well, he made a difference. No attempt was made to reduce the quantities and then to play the numbers game adroitly. Tamils know that conditions were exceedingly easy in 2009 to transport by road and distribute food, medical supplies and refugee requisites in the Wanni, compared to endemic disruptions in the eighties.

Numbers do matter it was said. True. They express the truth and make an impression when underlain by credibility. Transparency is the fount for credibility and a clear exposition of the methodology employed

Is the anchor of such transparency. But we do not see it when one number is transposed for the other. Instead a dazzling display is made of the competence of the weaver and the tailor. Unfazed by the marvel of the Emperor’s Clothes, Tamils reach for international investigation. It is their perception that whatever be the competence of this Sri Lankan Diaspora membership, the credentials of a truly international team will inspire more “confidence in its impartiality and competence”.

One may also ask whether the Department Of Census and Statistics cannot do a good job of it. Another may respond why not? I seek a clarification from the Department regarding the total strength of the diaspora population. My computation is as follows:

Stat

 

Does it appear rational to place the total diaspora population in Europe, Canada, US and Australia at 100,000? Is there trust in a product of indigenous effort when there is such a variance between popular perception and a governmental source? DCS can clarify if my computation is wrong. The insistent demand for impartial international investigation may be better appreciated in this background.

The expression “spurious figures” is double edged when opposing parties engage in recycling. When 40,000 is inflated to 80,000 does it become a half truth? If 8,000 is deflated to 4,000 it doesn’t become doubly true? Truth alone triumphs and inspires credibility. That’s why all eggs are placed in the international basket by the resident Tamils and the diaspora. If the purity of the government is lily white, why should it hesitate to have the air cleared? If the haze remains, 8,000 will continue to be called spurious.

It was said at the seminar that spurious figures continually recycled can only inhibit the healing process. It doesn’t follow however that exact figures will promote the process of healing. The process would demand a change of disposition with initiatives coming from the government on policy and programme. As of now it is reconciliation on paper and alienation on ground.

If we look at Irish-British relations, only estrangement could have resulted from the way the British treated the Irish. In the 16th & 17th centuries vast multitudes were massacred by the British in Ireland.  Close on it, with the army in brutal collaboration, Irish were dispossessed of swathes of territory. This land expropriated from Irish Catholics was given to British Protestants. Is what is happening in Sri Lanka any different? Will it not inhibit the healing process? Oliver Cromwell’s massacres in the seventeenth century, complemented the earlier ones. Need anyone be surprised that Jonathan Swift an eminent Irishman, author of a few books including Gulliver’s Travels, said “Burn everything British but their coal”. These produced the brilliant rebel Robert Emmet, who was executed by the British in 1803. When he was sentenced he made a memorable speech in which he said “My lamp of life is nearly extinguished”. How many lives were so extinguished since 1956 to now in SL with no recompense or show of remorse? Did the healing process ever commence?

Irreconcilability produced an independent Ireland which left the Commonwealth in 1949. Was it obduracy? No. Was Mountbatten killed for love of carnage? No. How did they renounce terrorism? Their economic lift off commenced in 1987. In North SL the the drive is towards the pastoral age. In Ireland their wealth level, disposition, approaches and relationship changed. In Ireland the per capita GDP in 2012 was $ 41,921 and UK’s $ 36,941. Net immigration has overtaken net emigration. A people long oppressed have surged ahead of the oppressor.

War without witnesses is only a contrived description to make satellite images appear to be the sole information source. Over 300,000 herded into Mullivaaikaal are witnesses. Was an effort ever made to record evidence from a sizeable number without army presence anywhere round? Was any evidence examined for corroboration and analysed to establish credibility. Aren’t four years enough to count the dead and the injured with information from those who suffered loss? Has governmental or social responsibility or interest in them ever been evinced? Instead satellite images of shell fire and their interpretation are relied on as the sheet anchor of circumstantial or corroborative evidence. All these for   a ‘humanitarian operation’ by the SLA, the very force that is under a cloud. Was gun fire only with rubber bullets? With no effort at healing, will the process be accomplished? Mao Tse Tung asked “With Platonic Love can you bring forth a child”?

What the Tamils seek is that truth be discerned. For this international investigation is needed as the single means to ferret it out.

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Foreign Affairs

The Other Dark Side Of The Shirani Impeachment Saga

Paridhi Singh

Paridhi Singh

It comes as no revelation to anyone who has been following the Impeachment saga, the profundity of impact it has had on all the citizens of Sri Lanka, be it their unsatiated hunger for justice for the former CJ Shirani Bandaranayake or their bereaved hopes in the present Government. To proclaim that it has rocked and vitiated the very foundations of the country, wouldn’t have been better proven as the penultimate truth, than at an event ‘Law talk’, organized by the Law Students Association of Sri Lanka (LSASL) on the topic “Aftermath of the Impeachment: Its Constitutional Implications” on 22nd January 2013. It witnessed the participation of over sixty, from various legal and non-legal backgrounds.

The two guest speakers comprised former Chief Justice Mr. Sarath N. Silva, who as he phrased it, was ‘the lone survivor of an impeachment motion in the country’ and was accompanied by, Mr. S.L. Gunasekera, present Senior Attorney in the Supreme Court. The speakers focused on the domino effect the impeachment had brought forth in the very provenance of Justice and laws in the country, ‘The Constitution of Sri Lanka’ also including the, far reaching and uncringing ripples that it may have on the present and future force of the rule of law in the country.

Former Chief Justice unmasked the entire constitutional elements of the impeachment trial and shed light on some of the sections, which because of their inherent ambiguity became the very vulnerabilities that led to the severance of ‘clear notions of justice’ from impeachment process. He further added that guilty or not guilty, the very process of the CJ’s impeachment is one that has undermined the inherent checks between the three equal pillars of democracy, the legislature, executive and judiciary and has given birth to a precedent that will poison and chokehold the might of law and independence of Judiciary in the country.

Senior Attorney Mr. S.L. Gunasekara in contrast to Mr. Sarath’s pure constitutional law perspectives gave a profound picture of the rigmarole that the state of law and politics has become, as a consequence of this impeachment. He focused exhaustively on role power plays in being instrumental to such events crystallizing and how invariably politicization of all decisions causes weighing of political interests over one another, while the actual adjudication ought to be on the principles of “justice, equity and good conscience” and the consideration limited in its scope to only one which incorporates the affects the aforementioned decisions on its citizens.

The floor was later opened to the house to ask questions to be answered by the speakers, which saw fruitful engagement of students on various themes like right to fair trial, the appointment of the new CJ and the future of the laws in the country to name a few.

To conclude, the event ended on a bittersweet note, because although every participant had gained far more awareness and insight from the Law talk, yet that awareness came at the cost of having to fathom the reality of the country in which we live. The reality being a divergence, from the vision of a free and fair country we all foresaw and of Sri Lanka being known worldwide as a great and powerful nation that respects democracy and all its citizens. However, to rephrase what Mr. S.L. Gunasekera said at the end of his speech, the might of public opinion is far more powerful that any arm-twisting by the government. So long as the people resist injustice or raise their voices on fora like the ‘Law Talk’, then change can still come. To add my own two piece of wisdom from the ‘Law talk’ the epiphany of it all could be summed as following, that, Democracy dies not by the hands of a power-ridden government or a corrupt judiciary or a prejudiced parliament, but by the silence of all its citizens.

* Paridhi Singh is presently working with the Attorney General’s department as a part of the United Nations Development project called “Access to Justice” and is pursuing BA.LLB. integrated law course in Jindal Global Law School, India.

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