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Undoing Constitutional Tomfoolery
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basilfernando
Basil Fernando
That the United National Party (UNP) has published a few ideas on the changes to the constitution they would bring about if they come to power is an indication that a serious critique that has been made about the 1978 Constitution, can no longer be ignored. As it is good to have even an inadequate debate on vital issues rather than nothing at all, it would be better not to ignore the UNP proposals but rather to utilise the occasion to raise all the vital issues that need to be addressed if the mess created by what retired Justice C.V. Wigneswaran charaterised as tomfoolery with the constitution, is to be brought to an end.
What has to be asserted clearly and unequivocally is the fundamental elements of the basic structure of the constitution. The notion of basic structure implies that certain permanent notions are entrenched in the constitution and that attempts by any government to change that basic structure will be resisted. The tomfoolery with the constitution became possible only because there was no agreement on such a basic structure and because the judiciary did not consider it their fundamental obligation to defend and to promote such a basic structure.
The basic structure of the constitution must recognise that the inalienable sovereignty of the people is guaranteed by the recognition of the following principles:
- That Sri Lanka is a secular democratic republic where all persons are equal.
- That the basic structure of the government envisaged in the constitution is organised on the principles of the rule of law.
- The recognition of the principle of the separation of powers.
- The recognition of the independence of the judiciary and the right of the judiciary to be the final arbiter on interpretations of the law and with the power of judicial review (as it existed before the 1972 Constitution).
- The independence of the public institutions within the framework of the rule of law.
- The recognition of human rights as expressed in the Universal Declaration on Human Rights, with the recognition that everyone is entitled to the enforceable right to a legal remedy for violations of rights.
- That the peoples’ right to participation is guaranteed by free and fair elections held at fixed periods and through the freedom of expression.
- That the public accountability of all public servants must be guaranteed through public hearings before state organs created by the Constitution.
- That the character of the welfare state will be safeguarded.
The prime importance of agreeing on the basic structure
The making of a constitution or replacing a constitution is not just a matter of writing a new essay. It is an historical act. In an historical act addressing in the clearest terms possible the fundamental errors that have led to the present impasse need to be clearly expressed. A new constitution is a clear departure as well as a clear beginning.
Therefore it would require a prolonged and a sometimes painful discussion in order to enable a clear agreement being expressed through the basic laws of the country. This does not mean that all issues can be finally settled through a constitution. A constitution is a dynamic document and the problems of a nation are also dynamic. Resolving these problems is a perpetual preoccupation. However, there are basic and fundamental areas where the people recognise that things went wrong and that these must not be allowed reoccur. Therefore a thorough reflection of the past is an essential aspect of any serious attempt to develop the country’s basic law for the future.
The UNP in entering into this area of the national debate has done itself a favour. However, in the very preamble of its declaration on the basic constitutional issues it has done great harm to the credibility of this initiative by being an apologist for the 1978 Constitution. The UNP’s credibility will be tested by its capacity to unequivocally condemn the enormous harm caused by the 1978 Constitution and the practices which developed under that constitution. Accepting full responsibility for the catastrophic consequences caused by introducing this constitution is an essential step for establishing credibility for its initiative for constitutional reforms.
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Nethi Woo Katahanda
Mawbima Sri Lanka Musical Program.
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Tissa
J.S. Tissainayagam
The suicide by a Buddhist monk who set himself on fire in Sri Lanka to protest the slaughter of cattle has been hailed as an act of great self-sacrifice and compared to acts of self-immolation by Tibetan Buddhist monks protesting China’s repression in Tibet. Nothing could be more ill-informed. In fact, it is one more step by Sri Lanka’s chauvinist Sinhala-Buddhists to undermine the Muslim political base.
The monk, Bowatte Indraratne, who had been campaigning against the Muslim halal method of slaughtering animals, was also a politician. He was a former elected member of a local government body representing the extreme Buddhist political party Jathika Hela Urumaya (JHU). JHU’s leader Champika Ranawaka lost no time in exploiting the incident to advance the party’s agenda. He said the government should bring in legislation to ban the slaughter of cattle, and religious conversion. Christians have come under pressure from Buddhists for proselytising, a charge they deny.
The campaign to stop the slaughter of cattle and instances of violence against Muslims are not isolated events in Sri Lanka. These are steps to politically disempower Muslims are uncannily reminiscent of the way the Sinhala establishment tries to destroy the Tamil power base.
Persecution of Muslims is taking a particularly virulent form today. But in the past too Sinhala leaders viewed Muslims with suspicion, as they did Tamils. The control they exercised was a blend of coercion, political manipulation of Muslim elites and the policy of divide and rule.
Coercion of Muslims by Sinhalese was applied mostly through violence and intimidation. In recent memory are rampaging Sinhala mobs targeting Muslims in Mawanella (2001) and Beruwela (2002). Other disputes occurred over land, like Deegavapi in 1999.
Political manipulation of the Muslim elite compelled them to take decisions detrimental to their community. In 1956, Muslim politician and diplomat Sir Razik Fareed campaigned with Sinhala leaders to deny Tamil as an official language of the State, despite a large majority of Muslims being Tamil speakers.
Adopting a policy of divide-and-rule, Sinhala leaders forced Muslims – especially in the East – to view Tamils as enemies, which led to Tamil-Muslim clashes. The Sinhala-dominated military used Muslim home guards to target Tamil civilians in the East. The rift was magnified by the LTTE expelling the Muslim population in Sri Lanka’s North.
With the military phase of the conflict with the Tamils coming to an end in May 2009, Sinhala-Buddhist nationalists realised they now had the luxury of investing more resources in suppressing Muslims. Further, with President Mahinda Rajapakse intent on consolidating power, extreme nationalism was a good vehicle.
The government has made no secret of its connections to extremist civil society groups. Relations between government officials and the principal vehicle of Buddhist bigotry, the Bodhu Bala Sena (BBS), are so fraternal that Gotabhaya Rajapakse, the hawkish head of the Ministry of Defence and brother of the country’s president, graced an important occasion of the organisation. The BBS plays a similar role as the Shiv Sena does to the pro-Hindu regimes in India.
As mentioned above, the objective of Sinhala-Buddhist nationalism is to demolish Muslim political power in Sri Lanka. It is no different from efforts to destroy the Tamil power base in the country from the 1950s. The three examples below demonstrate the similarities.
The BBS has opposed the certification of food as ‘halal’ and Muslim women wearing the hijab. These cultural practices are important markers of Muslim identity. The BBS’s campaign is not only to demolish what distinguishes this group’s identity, but also the power its members derive from that identity. For the Tamils, the primary marker of identity is language. That is why Sinhala nationalism sought to undermine Tamil by denying it official language status and placing obstacles to Tamil-speakers’ access to higher education and State employment.
Second, mosques and Muslim-owned businesses have come under assault. It is important to note the significance of both in the political lives of Muslims. The mosque is a forum for political mobilisation. The strength of metropolitan Muslims in Sri Lanka is their success as a merchant community. And they have used their wealth to buy political power. Therefore attacking mosques and commercial establishments is a way to undermine the Muslim power base. In the case of Tamils, assessing that their political base was territorial concentration in the country’s North and East, Sinhala leaders took to dismantling it by settling large numbers of Sinhalese in those areas.
Finally, let’s look at the government’s use of counterinsurgency laws to stifle freedom of speech and political opinion. On May 2, Azath Salley, a well-known Muslim leader, was arrested (and later released) under the Prevention of Terrorism Act (PTA). He was detained for an interview he gave to an Indian magazine where he said that Muslim youth should take to arms. But the reasons appear deeper than that. Salley openly criticised the government for anti-Muslim racism. But more than all else, Sally heads a political party which advocates Tamil-Muslim political dialogue to resolve mutually important issues. This, by definition, excludes government and the Sinhalese.
The government arresting and later releasing Salley is reminiscent of the then government criminalising Tamil parliamentarians who even advocated democratic secession. This legislation – the Sixth Amendment to Sri Lanka’s constitution – suppressed democratic dissent and left armed rebellion as the only option to give effect to Tamil demands.
Therefore, the self-immolation by Bowatte Indraratne protesting cattle slaughter had a sinister motive. It used religion as a weapon to undermine the political base of a minority community in Sri Lanka. If steps are not taken to check this trend, Sri Lanka’s Muslims could be facing a future of persecution and violence.
*J. S. Tissainayagam, a former Sri Lankan political prisoner, was a Nieman Fellow in Journalism at Harvard and Reagan-Fascell Fellow at the National Endowment for Democracy in the United States. This article is first appeared in Asian Correspondent
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Reengineering The Nation
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“….establishing a complete series of methods which will allow the controlling oligarchy……to get people to really like their servitude. This is the, it appears to me, the ultimate in malevolent revolutions”. –Aldous Huxley (The Ultimate Revolution)
mahinda-f-colombotelegraph
In the course of his current Ugandatour, President Mahinda Rajapaksa was reportedly enchanted by the servile conduct of the Ugandans he came into speak to with. According to the political column of last Sunday’s Rivira, the Lankan President asked his Ugandan counterpart, “When we appear at them (Ugandans) it is clear that they have a very obedient nature. How did you handle to make them so obedient?” President Musevini’s response was that this servility was a relic of the Colonial ethos, when White Masters kept their Black and Brown Subjects in total subjugation.
In a democracy uncritical obedience is a unsafe vice. Despotic rule can’t survive without uncritical obedience. Colonial rulers treated colonised peoples as political infants incapable of handling independence. Tyrants too regard their subjects as eternal political-minors, incapable of dealing with freedom.
Foremost amongst the freedoms considered unsafe by actual and nascent despots is the appropriate to info, the freedom of the individuals to know what is happening in their personal nation. Over the years the Rajapaksas have managed to subdue most of the print media. At present, websites are their major targets. In this month alone, de facto banns were imposed on numerous web sites which includes Gossip Lanka and Lanka Eagle.
The Rajapaksa worry of a free of charge and critical media is comprehensible. The Siblings have a lot to hide.
Take land grabbing. At present this is a major dilemma confronting not just by the Tamil individuals of the North but also by the Sinhala people of the South. Parallel to the stealth campaign of demographic reengineering in the North, the Rajapaksas are conducting an even more secretive operation of class and partisan-political reengineering in the South. Their ultimate aim is to create a new demographic which will render tough any democratic/electoral resistance to Familial Rule.
In the North, private lands are getting expropriated to create new army camps and military cantonments. For instance, according to Parliamentarian MA Sumanthiran, the regime is utilizing the Land Acquisition Act to expropriate 6,400 acres of land to build a military cantonment in Jaffna: “….the notice says that the claimants are not traceable! The owners of these lands live just outdoors the so known as illegal Higher Safety Zone, in camps maintained by the government itself. They have lived there for over 25 years. And although their title to these lands were checked and cleared by a Committee appointed by the Supreme Court in 2006, they were not permitted to go and resettle on the false assertion that de-mining was not comprehensive. That it is false is demonstrated by the sight of soldiers cultivating these lands….. Now abruptly, the government has shown its true face: these lands will be taken and given to other folks to occupy, who will turn into voters in the North. Equivalent notices have been issued in the Kilinochchi Distrct also. In the Eastern Province, guidelines have gone out to obtain all the land that the military deems needed for its purposes”[i].
These cantonments and military bases are getting superimposed on a Tamil terrain to break the current ethnic contiguity of the North, thereby to render devolution not possible and to maintain Tamils in a continued state of subjection. Its other – and no significantly less important goal – is to make it possible for the Rajapaksas to win elections in the North, with a minimum quantity of violence and malpractices.
Most Sinhalese are indifferent to the situation of land-grabbing due to the fact they see it as a Tamil dilemma. The Rajapaksas would want this ignorance – and the consequent indifference – to last as lengthy as achievable. The plight of Colombo’s poor, who are facing the danger of becoming evicted from their houses en masse, has received some interest but the plight of the Sinhala peasants of Ampara who have been chased away from their classic lands is virtually unknown. In 2011, the Lankan Navy grabbed far more than 1,200 acres of land close to the tourist hot-spot ofPanama consequently thousands of Sinhala villagers of Shasthrawela, Ragamwela, Ulpassawela, Horowkanda and Ella lost their properties and their signifies of livelihood. A comparable fate has befallen the fisher-folk of Kalpitiya.
When the state requires more than private land for development purposes, it is obligated to provide the owners with either compensation or alternate lands. This is how successive governments in Sri Lanka carried out themselves, by and large. The Rajapaksas have developed a different method land grabbing is becoming carried out, added-legally, making use of the military. The situation is hence ‘militarised’ and garbed in the protective-attire of ‘national security’. This way the owners can be threatened at will, the Sinhala-language media silenced and environmental laws and archaeological regulations ignored. For instance, in Ampara, “though sanctions have been imposed by the Forest Department, Archaeological Department, Coast Conservation Department and Central Environmental Authority on carrying out any improvement operate on forestlands, the Sri Lanka Navy claims that such formalities are entirely discarded when the Defence Ministry approves their projects. Speaking on the construction work carried out by the Navy in Panamain the Ampara District, Navy Spokesman Commander Kosala Warnakulasuriya stated that they have not followed any of these procedures nor would they require permission from the mentioned institutions as the building is becoming carried out on Defence Ministry land. ‘This is a Defence Ministry land and there is no necessity to get approval from any department to carry out any of our improvement function,’ claimed Warnakulasuriya[ii].
The Defence Ministry and the military are the law, not just in the Tamil-North, but even in the Sinhala-South. The ultimate objective of these acts of dispossession is to fill the Rajapaksa coffers, buttress the Rajapaksa dynastic project and render hard any powerful national resistance to Rajapaksa rule.
Atomisation
The Sinhala, Tamil and Muslim victims of land-grabbing have a issue and an opponent in common. Therefore coordinating their different acts of resistance into a single struggle tends to make perfect sense. However, rather of this essential and possible national campaign – ideally with the participation of the opposition parties – resistance is fragmented along regional/ ethnic/class lines.
The Siblings do not want the Sinhalese to understand that they are not immune to Rajapaksa-injustice. The Siblings do not want the Sinhalese to realise that the military, far from becoming ‘our boys’, are Rajapaksa tools (just as the Tigers served not the Tamil folks but Vellupillai Pirapaharan). The Siblings do not want their Sinhala, Tamil and Muslim victims to uncover the typical ground and mount a coordinated resistance. The Siblings want to atomise Lankans along ethnic, religious and class lines, to avoid a united opposition to familial rule from coming into getting. The only Sinhala-Tamil-Muslim unity they want to market is a unity in apathy and indifference.
The Rajapaksa project aims at the psychological reengineering of the Lankan people. They want an ignorant nation which equates distinction with danger. They want a men and women more concerned about hemlines or eating habits than land-grabbing or kid abuse. They want a nation seeped in mutual-suspicion and habituated into obedience.
They want a nation which, unconsciously, cooperates in its own subjugation and undoing.
[i] DBSJeyaraj.com
[ii] The Sunday Leader – 12.five.2013
Sentiments expressed by various political party representatives on regardless of whether or not the expectations of the people have been fulfilled 3 years following the finish of War. Connections | Could 21, 2012…
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I want to be the rainbow
From the inside out
To show all my colours
Colours that define me
Colours that make me whole
But it’s so hard
For I wear many masks
The truth sets me free
Miriam WandiaKaloki – from her poem ‘Masks’ in Human Rights and Culture (AHRC) Vol 4 Issue 13
Pakistan went to the polls a couple of weeks ago. Though the full results are still not known, it is clear that Nawaz Sharif’s Muslim League has won sufficient National Assembly seats to be able to form a stable government in Islamabad. His party will also be able to form a government in Punjab Province. The incumbent Pakistan People’s Party dominated by the late Benazir Bhutto’s family was badly beaten at the election to the National Assembly but will continue to rule the Province of Sindh. Pakistan’s cricket legend Imran Khan’s Movement for Justice (PTI) took control of Khyber–Pakhtunkhwa (former North West Frontier Province) and had an improved result from previous National Assembly e3lection. In the fourth Province of Balochistan, a regional party seems likely to control the majority of seats. Significantly, to ensure a fairer poll, the Election Commission conducted the National Assembly and all the Provincial Assembly polls on the same day.
Sri Lankan President Mahinda Rajapaksa waves during a photo opportunity with high-ranking military officials after unveiling a monument for fallen Sri Lankan soldiers in the town of Puthukkudiriruppu
Mr. President, victory over whom?
What was noteworthy about this election was that it was the first time since Independence in 1948, that an elected government was allowed to complete its term in office. In all previous instances, no elected government was allowed to complete its term of office. It was always interrupted by a military coup. So 2013 will be momentous in Pakistan’s political history in that one elected government is about to be inaugurated in office to succeed another following a democratic election, Nawaz Sharif who seems set to take over as Prime Minister was earlier removed from office 1n 1999 in a military coup led by General Musharaff. Ironically. in 2013 when Nawaz Shariff is installed as Prime Minister, Musharaff will be serving his time in jail, following a Supreme Court order delivered before Nawaz Sharif’s election.
This is the third time Sharif is to serve office in Pakistan as Prime Minister. David Blair and Rob Crilly writing in the UK’s Daily Telegraph have stated that Sharif’s first term between 1990 and 1993 ended in ignominy when he was sacked for corruption; he was a steel magnate tainted by many allegations of dodgy dealings. During his second term, between 1997 and 1999, he re-wrote the Constitution, made laws making it obligatory for MPs to vote for the party line, and sent mobs to threaten the Supreme Court Judges. Along the way, he armed the Taliban in Afghanistan, gave Pakistan the nuclear bomb, and blundered into an undeclared war with India – the Kargil affair in 1999 when he sent Pakistani troops deep into Indian-held territory. But he was not able to rein in the powerful Army who sent him off to Saudi Arabia. The Press described his government at that time as ‘one of the most inept in Pakistan’s history’.
Time can change political leaders
But time changes men and women and also popular sentiment about their political lesders. Most Pakistan voters felt that during his decade long absence from the Pakistani political scene, Sharif had matured a lot and is now committed to ‘managing the economy and pursuing political reconciliation both domestically and in external relations. The Dawn, one of Pakistan’s leading daily newspapers wrote that Sharif’s election was a hugely important moment in Pakistani history. Sharif fought a campaign ‘to be proud of’. Though relentlessly attacked from all sides, he ‘resolutely kept his focus on what needs to be done to solve grave national issues’, the dire economy, crippling power shortages and endemic tax evasion. Most Pakistan voters seem to have believed him to be sincere. Though he had courted the Taliban in his previous terms, the voters thought he was best poised to tackle the Taliban. He has plans to start immediate talks with ‘all sides’, including the Army and the Taliban to end the violence. He is also keen to mend fences with India with whom there has been no durable peace since partition in 1947. He has already invited India’s Prime Minister Manmohan Singh to his swearing-in as Prime Minister. He probably knows that political reconciliation at home and with the neighbours will not be easy. While attempting reconciliation, he will have to be constantly looking over his shoulders at both the powerful Army as well as at the equally powerful insurgent Taliban movement. But he is now politically more mature to handle this.
The election that Sharif brought Sharif to power was not without controversy. The Taliban engaged in widespread violence and intimidation and did not allow all the candidates to campaign freely. Nawaz Sharif and Imran Khan however seemed to have been spared the wrath of the Taliban and seemed to have been allowed to attend and address election rallies. Not so lucky was the Pakistan People’s Party. Bilawal Bhutto Zardar, the young son of Benazir Bhutto and Asif Ali Zardari, the current Chairman of the PPP, had to confine himself to speaking through video messages from his exile in Dubai. Imran Khan has referred to intimidation of many of his supporters that prevented them from going to the polling booths to exercise their franchise. Most of the acts of violence and intimidation were by the religious extremists, including the Taliban. But the Pakistani voter defied these extremists to go to the polling both. The turn-out at this election was over 60%, the highest ever in Pakistan’s turbulent electoral history. Imran Khan has said that his party intends to challenge the poll results because of the widespread intimidation. But it unlikely, given the record turn-out of voters, the margins of victory and the regional trend in voting which resulted in victories for all parties at the provincial assembly elections, that there was massive intimidation and/or vote-rigging Sharif has told Imran Khan to show the ‘sportsman’s spirit’ by accepting the results!
Imran Khan himself is now recovering in hospital from a fracture in his spine caused by a fall from an election platform a few days before the election. There was, of course, no suggestion, that the fall was caused by any act of sabotage. But one of Imrqn Khan’s leading supporters was shot dead two days after the election in what was clearly a political assassination. Kahn has accused one of the parties of religious extremism as being responsible for this killing. The problem with Pakistan is that it was founded on the basis of religion. Mohamed Ali Jinnah, their independence leader, who initially stoked the flames of communalism, died soon after independence from British rule. Had he lived, he may have been able to contain religious extremism as he was by nature a liberal though ambitious politician. Pakistan, unlike India, did not have outstanding liberal visionaries like Gandhi, Nehru, Rajagopalachari, Maulana Abdul Kalam Azad and Humayun Kabir to direct the energies of a post-independence people in the path of religious and linguistic harmony.
Lessons for Sri Lanka
The first transition from one democratically elected government to another in Pakistan’s political history has lessons for Sri Lanka. The Supreme Court of Pakistan played an important role in clipping the wings of the powerful Army when the Army asserted themselves to interfere with democratic governance. The Supreme Court was also held he powerful President accountable for maintaining the rule of law. Pakistan is a partially failed state with the economy in a crisis state. There are twenty-hour black-outs which deal a crippling blow to industry. Tax evasion is a huge problem with the middle and working classes having to bear the brunt of falling resources for development work. The Army had enjoyed too much power that it tended to interfere in civilian affairs with disastrous results. Violence has reached levels when even Test playing cricketing countries avoid Pakistan as a venue for their matches. Corruption is becoming endemic. These problems, which the new Sharif government is now required to tackle. will require a change in the culture of a people. They have for over sixty years been plagued by military coups and corrupt politicians. It will need enormous courage and a singular vision on the part of the Nawaz Sharif government to change all this. Having been away from the political scene for over a decade, he comes in as a new broom with the vision and the capacity to bring about the changes that are necessary, despite his previous government being considered inept. Only time will tell if he can deliver. He was elected because the voter believed that he could do so, that he had shed his previous image as another run-of the mill Pakistani politician,
The problems the Pakistani people now face are common to the problems that we in Sri Lanka have to contend with. As in Pakistan, they have been caused primarily by corrupt and inept politicians, who used religious and linguistic extremists and/or used the language of extremism to cover up their own corruptness and ineptness. There are increasing signs that the voters in Sri Lanka are increasingly losing patience with those promote religious, linguistic or ethnic hatred. Two weeks ago, the government observed ‘Victory Day’, an annual event to celebrate the crushing of the northern insurgency. They were bypassing the LLRC recommendation that instead of this display of triumphalism, National Day 4th February include a separate event to express solidarity and empathy with all victims of the conflict and to commit ourselves to peaceful future. The government appointed LLRC also wanted the practice of singing the National Anthem in both Sinhala and Tamil, to the same melody, to be continued and supported. These two eminently suitable and easily implementable recommendations have been, obviously deliberately, ignored.
Dr Rajasingham Narendran, who can hardly be accused, even remotely, of being an LTTE fellow traveler, and who is regularly quoted by the state media, has written a detailed critique of the triumphalist speech of President Mahinda Rajapakse at the recent ‘Victory Day’ speech. One hopes that the Island will be bold enough to publish the full critique. But this column wishes to quote a few samples from it. Words in bold are from Rajapakse’s speech:
“Today we have the fourth opportunity to celebrate with dignity the great victory of our Motherland.”
Mr. President, victory over whom? I raise this question in terms of the word ‘Conquered’ used in a war memorial in Mullaitivu. Was it a victory over the LTTE or the Tamils? Motherland! Whose? I did not see any opposition figures in the podium? There were also no representatives of the Tamils, who were liberated by the armed forces, on the podium. I also did not see any Hindu priests, Christian padres or Muslim Moulavis on the podium, except for a handful of Buddhist monks. The absence of Sarath Fonseka, the man who led the army from the front, at this function and his name and role not being even mentioned were glaring omissions that portrayed the smallness this great country is being reduced to.
Further, the language in the inscription on the war memorial at which flowers were laid was only in Sinhalese. Why? What does this imply in terms of the word ‘Motherland’ used by you? Is Tamil not the language of the ‘Other’ children of ‘Mother Lanka’? Why were these inscriptions not also in Tamil- an official language and English- a link language? What is the message this government is conveying?
“We know that those who had ceasefire agreements that betrayed the country to the Tigers are making every effort to make us forget the heroism of this nation.”
This is a very unfair and inaccurate statement. It is the last ceasefire agreement signed with Norwegian mediation that exposed the LTTE for what it was to the Tamils and helped weaken it from within. It was an important prelude to what the last war achieved.
“Similarly, this era should go down in history as one that carried out a major transformation to prevent the occurrence of war again.”
What sort of major transformation? Are increased militarization and surveillance the only answers? Should not the political needs, concerns and fears of the Sinhalese, Tamils and Muslims be addressed in a more Statesman-like manner? Isn’t it important to remember that each one of us is a child of Mother Lanka and the weaker in political terms, need special care from your government, which at the moment is in charge of affairs here.”
Why were warnings against commemorating the war-dead among the Tamils, issued by the military and not the police? Why has not the government organized official events to commemorate all the riot/war / insurgency dead in this country? If the government can publicly celebrate victory, why can’t the Tamils publicly commemorate the innocent victims of war?
Why should almost 7000 acres of land that was commandeered for reasons of war 25 years back from their owners, be not returned to the rightful owners, four years after the war ended? What is the moral justification for acquiring these lands? Will this help with reconciliation or win the hearts and minds of the Tamils? How will these acquisitions prevent the recurrence of war? Do you understand that the Tamils will not want a war in their midst for the next thousand years? You have to know what the Tamils think, better and trust their good sense. They have learned more lessons the hard way than you and your government have learned.
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Thilina Dulan with Accident photos
Found about this songs in “Mawbima” news paper last sunday. the guy (Thilina Dulan) who sung these songs in a party or some function like that faced with an …
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“The BBS will take immediate steps to form a ‘Cane Force’ against those who act in a manner insulting to Buddhism during the Wesak season”. –Rev. Galagoda-Atte Gnanasara Thero (Lankadeepa – 17.5.2013)
mahinda-f-colombotelegraph
Pro-democracy demonstrators protesting against the flawed Iranian Presidential Election of 2009 feared one enemy above all other – the Basij,Iran’s religious police. As the ‘Protectors’ of the values deemed valuable by Iran’s ruling Ayatollahs, Basij is generally occupied with breaking-up parties, destroying satellite dishes, lashing bloggers and attacking women considered ‘improperly attired’. But Basij is far more than a bunch of zealots with a penchant for violence and sadism; it is also an indispensable weapon in the arsenal of Iran’s rulers, a cudgel to be used against political opponents (including dissident Ayatollahs). Basij played a brutally effective role in defeating the 2009 pro-democracy movement. The next Presidential election is scheduled for June 2013 and Basij is busy cracking down on Tehran’s coffee shops, the political-oases of Iranian intellectuals/dissidents.
Mutaween – the Commission for Promotion of Virtue and Protection of Vice – is Saudi Arabia’s Basij. Its members also roam the streets searching for offenders, ranging from women ‘violating’ the dress-code and fans of Western music/films/TV shows to non-related males and females who interact with each other. In two emblematic cases, Mutaween arrested a 70 year old woman for having two unrelated men in her house (they were delivering bread; she got 70 lashes) and prevented fire fighters from rescuing female students from a burning school (15 girls died). Mutaween is also indispensable in buttressing the power of the Saudi ruling family. It cracks down on critics/dissidents; its leader recently warned that twitter users – one of the very few platforms available to the regime’s opponents in this über-despotic land – are eternally damned.
Now the Bodu Bala Sena wants to give Sri Lanka and its ruling clan their very own Sinhala-Buddhist religious police.
At a recent press conference, Ven. Galagoda-Atte Gnanasara Thero announced that the BBS plans to form a ‘Cane Force’ (Weval Balakaya) to ensure ‘proper conduct’ during the Wesak season: “The monks of Bodu Bala Sena will go from village to village carrying canes to control/punish those people who are acting indecently”[i].
It is the BBS’s intake on the Buddha’s final exhortation to monks, to travel far and wide, for the wellbeing of the masses.
Religious fanatics cause damage other religions; but their most irreparable harm is reserved for their own faith. The likes of Taliban, Saudi Wahabis and Iran’s Ayatollahs cause far more harm to the reputation of Islam with their inanely brutal conduct than all the anti-Islamic propaganda of all ages. The Inquisition and the Witch-Hunts are still bywords for violent intolerance and persecution; the midget-descendents of those Christian fanatics still oppose the teaching of evolution in schools and demand the death penalty for homosexuals. Hindu fanatics who defend such repressive practices as casteism and Jewish zealots who demand a country segregated along not just Jewish-Palestinian but also gender-lines are the worst detractors of their own faiths.
If anything would be more damaging to Buddhism than Myanmar’s rampaging monks, it will be Sri Lanka’s BBS types, on the warpath against not just the ‘religious-other’ but also against fellow Buddhists who refuse to accept ludicrously fanatical fatwas.
When Martin Wickremesinghe’s Bava Tharanaya was published in the 1970’s, a vocal-minority of monks and lay people wanted it banned (probably without reading it) as an insult to the Gautama Buddha and Buddhism. Today, the BBS would burn the book, attack the bookshops and pronounce Martin Wickremesinghe to be a traitor in the pay of foreign conspirators.
The BBS’s ruffianly conduct towards a group of Buddhist monks protesting outside its headquarters is a warning of what Lankan Buddhists – including monks – can expect in a country in thrall to fanatics. Apart from a dress-code, a code-of-conduct, an Index of Banned books/movies/plays and a socio-cultural inquisition, the BBS-types might develop their own version of Buddhism, including what monks should sermonise on and which politics are kosher.
Fanaticism is often inane. During the annual Cultural Festival in Riyadh this April, Mutaween arrested and deported three male delegates from the United Arab Emirates for being ‘too good looking’! Take the artificial ho-ha about a storm named ‘Mahasen’; a BBS-type organisation stormed the Meteorological Department, demanded an immediate name-change and announced that the naming was a foreign conspiracy. This asinine conduct could have been dismissed as an antic of attention-seeking fanatics, expect that President Rajapaksa mentioned ‘the naming-of-the-storm-Mahasen issue’ in his Victory Day Speech, as proof of an anti-Lankan conspiracy.
That was silly; it was also indicative of the symbiotic relationship between the Rajapaksas and the Sinhala-Buddhist lunatic-fringe.
BBS: From Halal to the 13th Amendment
From warring against Muslims and policing Sinhala-Buddhists the BBS has waded into purely political-waters, by declaring war against the 13th Amendment.
The Rajapaksas excel at using cat’s paws. That is how they de-merged the North and the East, checkmated the IIGEP and impeached the Chief Justice (not a single Rajapaksa signed the impeachment motion).
The Siblings need a way out of the Northern PC poll. A postponement might compel Indiato put its weight behind Canada’s call to boycott the HambantotaCommonwealth. Delhihas already warned against denuding the 13th Amendment.
The Rajapaksas can hold a relatively free and fair election and allow the TNA to form a council (reserving the option of dissolving it later), but this option may not suit the Siblings’ maximalist-palate. An election suffused with violence and malpractices might ignite Tamilnadu and compel Delhi to sabotage the Hambantota Commonwealth.
So, why not get Sinhala-Buddhist maximalist organisations to launch a campaign against the Northern PC poll; and to file a case in the Supreme Court asking for a postponement? Then the Rajapaksas can escape retribution by telling Delhi that the Judiciary postponed the election. (Who can doubt Mohan Peiris’ willingness to give any order the Rajapaksas order him to give?)
The BBS, given its willingness to descend to levels even Wimal Weerawansa and Champika Ranawaka are a tad reluctant to – can play a ignobly pre-eminent role in such a campaign. Since it is not a UPFA member, the Rajapaksas can disclaim all responsibility; they can have their cake and eat it.
Just as economic neo-liberalism seeks to make the world more like what it was under pre-socialist capitalism in terms of relations of production, religious-fanaticism seeks a return to pre-Enlightenment (European-Christian) values/morals. Fanatics of all religions are not just viscerally opposed to the progressive, secular and libertarian currents which led to and resulted from European Enlightenment. They are also completely antagonistic to the tolerant ethos which characterised many a non-European civilisation/ruler from the Ottoman and Mogul Empires,Baghdad and Syrian Caliphates and Al Andalus to India’s Ashoka, ancient Greece,Persia and Mesopotamia.
Historically, the religion-politics nexus played a negative role, tearing countries apart, flattening everything progressive in its path, cultivating intolerance and obscurantism and dragging societies to places they never intended to go initially.
Saudi Arabiais the perfect example of what can happen to a country, even in our own time, when a ruling clan combine religion with politics to perpetuate itself in power.
Let us beware.
[i] Lankadeepa – 17.5.2013
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Jehan Perera – colombo telegraph
Jehan Perera
The government’s decision to celebrate May 19 as a day of victory and the country’s second Independence is another one of its actions that has polarised the Sri Lankan people. Whether by accident or design, it is ironic that through its continuing actions the government that reunified the territory of the country should also be the one that fosters the divisions between the people. I was in Mannar on that day that marked a watershed in the modern history of the country, and saw that the Sri Lankan people were divided in their attitudes. There was no collective remembrance of loss, but a reinforcement of the separation that has overshadowed the post-Independence era.
While the government was celebrating with military march pasts and air and sea shows in Colombo, in Mannar there was real action that was reminiscent of what happened during the war. A group of people who had gathered to commemorate those who died in the last battle, were prevented from doing so by armed military personnel and police with guns pointing. It is reported that 15 of them were arrested and only released on bail late at night. Earlier the state media had reported that such commemorative meetings were illegal and warned anyone commemorating the defeated Liberation Tigers of Tamil Eelam (LTTE) was liable to be arrested.
However, the Tamil political parties in the opposition said they staged the remembrance for those who died in the final battle. This was where the top LTTE leadership were killed. In this charged context, the decision of the Catholic Church in Mannar to commemorate all victims of the war was pragmatic. Whenever Tamils have tried to commemorate the death of their loved ones, the government has taken steps to prevent this. The military in particular is sensitive to commemorations of the LTTE being held in the guise of commemorating the civilians who lost their lives. However, the reality is that the two groups of LTTE and civilians were often mixed. Especially in the last days of the war, the LTTE forcibly recruited children, some as young as 12, and this included the children of Mannar.
Contrasting Realities
Mannar is the only one of Sri Lanka’s 25 districts that has a Catholic majority. With its unique cultural attributes, it is a celebration of the country’s cultural and religious diversity which must not be made into a weakness when it is a strength. Unlike the Tamil political parties who had called on the people to commemorate the war dead amongst the Tamil population, the Bishop of Mannar requested the clergy in the area to commemorate all victims of the war, and not just those who were Tamil. By implication, this would have included those of all three ethnic groups, the Sinhalese, Tamils and Muslims, and also the fighting personnel on the two sides, the government and LTTE. It is a testament to the strength of Sri Lanka’s diversity, that it was a minority group that decided to commemorate all who lost their lives as recommended by the Lessons Learnt and Reconciliation Commission appointed by the President.
This year’s victory celebration by the government was focused on the valour of the armed forces and the comprehensive defeat of the LTTE. President Mahinda Rajapakse viewed the military parade and pledged that there will be no room for those who tried to divide the country. He said, “We will not allow a single inch of the land that you won by the sacrifice of your life to be taken away.” The past fortnight saw a build up in the mass media to remind the people of those days of blood and bombs and how it all has ended. The contrast with the peaceful situation of the present will continue to bring in the votes of a grateful nation.
But the unfortunate reality is that the support of the Sinhalese majority for the war victory and the government’s celebrations has not been matched by any kind of equivalent support from the Tamil minority. They too have been beneficiaries of the peaceful situation that has followed the end of the war. They are now safe from the ravages of child recruitment and terror tactics that the LTTE brought to bear upon them. But they also wish to mourn their loved ones who are no more with them, to find out what happened to them, and also to regain their dream of enjoying equal rights in which they also have the right to decide. These are all matters on which the government appointed LLRC has made recommendations on but are not being followed by the government.
Way Forward
Four years after the war’s end the political solution that the leaders of government promised during the time of the war has yet to materialize. The LTTE has been replaced by the Sri Lankan military who govern them in conjunction with the civilian administration. The Northern Province, where the first gunshots of the war were fired and where the last of the rebel fighters fell, has still to enjoy the right of elected provincial governance even to as limited an extent as the other eight provinces do. A government ally has filed action in the Supreme Court calling on it to abolish the system of devolution of power for the entire country. In this context, there is increasing skepticism whether the promised Northern Provincial Council elections in September this year will actually take place.
The civil war ended in 2009 but four years later the country has yet to find its path of reconciliation and to heal the wounds of war. At the present time it also appears that Sri Lanka is moving backwards, and not forwards, in terms of securing the Rule of Law. The impeachment of the Chief Justice process eroded the rule of law and usurped the pre-eminence of the Supreme Court in its role of interpreting the constitution. This has impacted negatively on the rule of law and by extension the protection of human rights and political accountability. There is also the rise of inter-religious tensions fanned by government allies. A new dimension of inter-communal unrest is the rise of Buddhist extremism that has targeted the Muslim community and taken on an open and frontal confrontational approach.
Sri Lanka could have been a very different country today. There is a need to recognize that although the civil war ended in 2009 the country has yet to find its path of reconciliation through an inclusive process of political negotiations and a sincere effort to heal the wounds of war. If the recommendations of the LLRC appointed by the President had been followed, the government could have changed course last year. Government leaders would have ceased to further engage in ethnic triumphalism and instead focused on commemorating all victims who lost their lives in the senseless conflict. They could have utilized the occasion of May 19 to resolve that never again would such bloodletting be permitted to take place. This would have been a commemoration that all Sri Lankans, respecting multi ethnicity, equal rights, and the safety and dignity of all, could have taken part in as a united Sri Lankan nation.
