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The Day When The Rule Of Law System Collapsed

basilfernando

Basil Fernando

What happened on July 23, 1983 was not the event of a single day in history. The impact of that day lives on and with each passing year the situation of the rule of law in the country has become worse.

The 1978 Constitution was quite incompatible with the rule of law and democracy. Since then there have been several events which challenged the law as well as the traditions that had prevailed up until then. There were the cases brought against Mrs. Sirimavo Bandaranaike, the former Prime Minister and her close collaborators. There were constant physical attacks on opposition political meetings, including the physical attack on the late Dr. Ediriweera Sarachchandra, one of the county’s best known intellectuals. Then there were the constant attacks on the trade union movement which culminated in the sacking of all the workers who participated in the nation-wide general strike of 1980. Relentless attacks on the freedom of the press continued. And then there was the 1982 referendum to prevent the election for the parliament so as to allow the Members of Parliament elected in 1977 to continue for another term of six years.

All this and many other moves on the part of the J.R. Jayewardene regime shook the foundations of democracy and the rule of law. However, the older traditions did not die easily. The people still believed that the earlier framework of the law and democracy was still valid and there was strong resistance to Jayewardene’s scheme.

When the news of the ambush and killing of 13 soldiers in the north came to the ears of President Jayewardene he was shrewd enough to see that, “another great opportunity has come for him to push through his scheme”. The request to have all the funerals in Colombo was an invitation for a riot. He knew it and anyway, his Prime Minister, R. Premadasa, paying him a visit with the then Mayor of Colombo, Sirisena Cooray, had warned him that if the funerals were to be held in Colombo that day riots would break out all over the country. Their request was that he, as the president, should take action to prevent this. This, Sirisena Cooray records, was agreed to by the president. However, President Jayewardene was never known to be a man to keep his word. He let the funerals take place in Colombo and as predicted, riots did break out. However, no one was able to predict the extent to which the riots would spread and that Sri Lanka would never be the same again. Perhaps a simile is what the attack on the Twin Towers did to the United States.

This riot was no spontaneous event. The head of the state himself played a key role in letting the riot take place in his country. This is the very opposite of the notion of the role of a head of state in that it was his job to maintain peace. And when there was a threat of an extraordinary nature it was his task to take whatever measures necessary to maintain peace. But here in Sri Lanka the head of state did all he could to fan the flames.

Besides this, it was then, as it is now, the task of the police and the military to stop any breach of peace. However, in this instance it was the military that initiated the riots. Later investigations revealed the extent to which the military was involved in spreading the violence. The police complied with the requests to look the other way and took no steps to put out the fire.

Naturally the attack on Tamil business premises, homes and individuals spread, literally, like wildfire. The smoke arose from the capital city itself and the pictures of the houses burning and of the wounded people was seen around the world.

It is not necessary to go into the details of the horrors of the day which are quite well documented and which are also written in the memories of those unfortunate enough to witness the events. What is essential from the point of view of assessing the impact of what happened on that day on the rule of law system and democracy is that this violence was initiated with the blessings of the head of state and with the participation of the military and the support which was a result of the passivity of the police. Besides this the ruling party actively participated in attacking the business premises, houses and Tamil individuals. Therefore the claim that this was a riot initiated by the ruling regime with the full participation of state agencies may be fully substantiated.

It was the events of the day and the subsequent steps taken by the government to prevent any kind of measures to ensure accountability that resulted in the loss of faith in the capacity of the rule of law system to survive in Sri Lanka. Accountability of course was impossible when the head of state himself and the military was deeply involved in the causing of the riot and the violence that followed.

Ever since then, no government has taken any significant steps to restore the rule of law system from its collapsed state. Neither has the country’s judiciary made any decisive intervention to safeguard the rule of law system despite of the fact that their own legitimacy and their very survival depended on their ability to protect the system when challenged.

All subsequent events have, as is only to be expected, worsened the situation. Perhaps the only significant action that was taken to revive the rule of law system was the passing of the 17th Amendment to the Constitution with a rare consensus within the parliament. However, this attempt was thwarted in many ways and finally the passing of the 18th Amendment ended even the possibility of making a change for the better.

Thus, the requirement of the survival of the 1978 constitutional scheme, which is the complete displacement of the rule of law system, has been achieved. The executive president, whoever he may be, can take advantage of the situation without any fear that there is any law to stand against him.

I think it is not inappropriate to reproduce one of the poems which I wrote as the events were taking place then in July 1983.

 

Just Society

You burned the buildings

And put me in prison.

You threw their infants into fire

And called me inhuman.

You murdered in open daylight

And blamed me for wanting blood.

You turned my neighbour into a refugee

And said I was responsible.

You looted his hard-earned property

And called me a thief.

You imprisoned him and killed him

And named me a brute.

You befriended thugs and I their victims,

But you made me the accused.

I who was grieved

At my schoolmate,

My neighbour, my friend,

My guru and fellow worker,

When he died, when he went into hiding,

When he fled to escape the mob,

Suddenly departed to other lands

Empty handed, I, who cried holding his hand

At the harbour bidding him farewell,

Am now to bear this insult.

You say its peace

When you put the blame on the innocent.

You say its stability

When you protect the culprits.

You say its honesty

When you hide the reports,

And hush the inquiries,

Spreading falsehood among the nations

Having a laugh at a restless land,

Divided and wounded.

You sleep well

But I cannot sleep.

You eat well

I have lost all appetite.

You think you are successful

I know wounds of defeat

Will long live with me,

And the memory

Of this insult.

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Freedom Of Speech In Sri Lanka: Colombo Telegraph And Groundviews

Padraig Colman Colombo Telegraph

Michael O’Leary

There are in Sri Lanka two main websites which give the opportunity for members of the reading public to participate in debate. Both publish high quality articles by distinguished contributors which shed light on many issues relating to Sri Lanka. Very often, great enlightenment is to be gained from a reading of the exchanges in the comment threads.

Commenters are allowed to participate using pseudonyms. Many claim that they must use false names because they fear for their own safety or the safety of their families. Many use the cloak of pseudonymity as license for frivolity or vicious abuse.

Moderation among moderators

The guidelines of Groundviews state: “The tone we seek in our online discussions is closer to the kind of collegial exchange you’d share with someone from your workplace, group of friends or home. That means focusing on the substance of arguments as opposed to their presenters. It also means avoiding insults and other forms of ad hominem comments…”
They say they will not tolerate: “comments that are off topic, defamatory, abusive, threatening or an invasion of privacy”.

Reactions to Marga Institute

I recently posted an article on Groundviews.

My main theme was the depressing nature of comments on what seemed to be a well-intentioned initiative by the Marga Institute. “Why should a plea for atonement, remembrance, mourning, accountability, reconciliation be met with anger? The Marga Institute itself was smeared, without any substantiating evidence, with being ‘sleazy’ government apologists.” I mentioned that Rwanda had achieved some measure of reconciliation, through, among other things, suppressing hate speech. However, I concluded: “Vicious verbal battles similar to those on Groundviews and Colombo Telegraph between Tamil separatists and Sinhala chauvinists would not be allowed in Rwanda. Censorship for the maintenance of ethnic harmony is a quagmire. It should not be tried in Sri Lanka whatever happens in Rwanda.”

Protect your identity

The very first comment revealed that my real name is Michael O’Leary. Several commenters who persistently attack me pounced on this “revelation”. “A man with multiple identities hiding behind multiple names!”
I asked GV editor Sanjana Hattotuwa about this. “I cannot recall when you asked me to keep it secret?” In a more recent e-mail, he seemed to be saying that, as I had made no secret of my real name in correspondence with him and others, and as others had subsequently commented on Groundviews “that your multiple identities are in fact well publicized on the web through your own blog”, it was perfectly legitimate to “out” me. Notice the smear implicit in “multiple identities”. I write under two names. My identity is consistent.

Sanjana clearly knows how to get in touch with me when it suits him. Would it have been so difficult for him to send me a message saying: “I have just received a comment which mentions your real name. How do you feel about that?”

Comments unrelated

Whatever about the ethics of “revealing” my “real” identity, my identity had nothing to do with the topic under discussion. At the last count there were 35 comments. Not a single one dealt with the subject matter of my article.

Censorship?

Comments continue to be made. However, two comments that I was informed about privately have still not appeared. The first was from someone I have met in real life. The second was from someone I have only encountered through comment threads. This is what the latter said: “I left a comment on GV asking why these people commenting under pseudonyms want you shut out from GV when they really don’t mind reading Veluppillai Thangavelu, Usha S Sri-Skanda-Rajah, E A V Naganathan, etc.

However, the comment got moderated out! Seems Sanjana Hattotuwa doesn’t want me questioning the hypocrisy and intolerance of “Dev”, “J Fernando”, “Pubudu”, “Inoka Karu”, etc. My comment was not slander, not racist, not irrelevant and so on. It was just two sentences of very good English! Anyways, I have little trust in men like Sanjana and Uvindu. I don’t think they practice the ideals they preach. I think they too seek power but not for the people they claim to speak for but for themselves. Please do keep writing.” Sanjana’s response was: “Given the sheer amount of comment spam the site gets daily (a common problem on the web, and unrelated to any specific individual), I cannot and do not check the Spam folder anymore. Legit comments do end up as tagged as Spam, for any number of technical reasons (e.g. the most common being an IP addressed associated with Spam. This does not mean said individual is a spammer, rather, that the IP range – which could be an office or even an internet service provider – has a history of originating spam comments).”

I leave it to readers to interpret that.

I told Sanjana, that I no longer wanted anything to do with Groundviews. However, I felt that I needed to rebut the slurs against my integrity. “Allow me a valedictory coda. Most of the commenters here do not discuss the article but engage in ad hominem attacks. This nicely illustrates the point I am trying to get across.”

Sanjana’s reaction to this was: “‘For someone who petulantly said he was ‘finished with Groundviews’ is there any reason to publish your comment?’” I said I felt I had the right to a final reply. He responded: “I see no reason to at all. You unilaterally and unequivocally said you are finished with Groundviews. The matter ends there for me. The web’s an open place – and you can follow the example of so many others over seven years and choose to raise your concerns in other web fora and channels. Good night and good luck”.  There is a very important distinction between me saying I do not intend to write for Groundviews anymore and Groundviews continuing to allow hostile off-topic comments while denying me the right of reply. The latter is censorship.
A distinguished person reacted to this fiasco by saying: “It is a sad day for Sri Lanka when a civil libertarian and crusading agency decides to display pique, throw away etiquette and gag arguments that do not suit its leanings.”

*The Nation is aware that both GV and CT are considered ‘controversial’ websites which tend to favor commentary by those who are regarded by some, especially those branded as ‘nationalists’ by the operators of the two sites, as being ‘traitors’ and ‘regime-haters’.  However, The Nation is of the view that argument should be bested by arguments.  The Nation futher believes that it is erroneous to adopt a ‘black-white’ position on anything.  While there are websites that are one-sided, these are found on both sides of the broad political divide.  While Sanjana Hattotuwa has contributed views for The Nation, we have used material mined off Wikileaks by Uvindu Kurukulasuriya.  The ‘multiple identities’ is not an issue for us.  We focus on content first, author later, if at all.

Editor-in-Chief – The Nation

Courtesy The Nation

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Sri Lanka Never Understands Sane Advices

Veluppillai Thangavelu

Veluppillai Thangavelu

Shivshankar Menon, National Security Adviser of India, visited Colombo from 8 – 9 July, 2013 to participate in the 2nd NSA-Level Meeting on Trilateral Cooperation on Maritime Security between India, Sri Lanka and the Maldives.

Although security conference was the main purpose of Shivshankar’s visit, he also took the opportunity to convey India’s concerns about attempts made by the Sri Lankan government to dilute 13 A by robbing provincial councils powers over land and police. 13A came about through the Indo-Lanka accord in 1987. India is insisting that the 13A was part of a joint agreement and any changes being made should be first discussed by both countries.

At present, Provincial Councils have certain powers over State land. Under paragraph 1:3 of Appendix II of the Thirteenth Amendment, alienation or disposition of State land within a Province to any citizen or to any organisation shall be by the President but only on the advice of the relevant Provincial Council. It may be recalled that in the case filed against the former President, Chandrika Kumaratunga, for transferring state land to Water’s Edge Golf Company, one of the grounds on which the Supreme Court bench headed by Chief Justice Sarath Silva held that the transfer was illegal was that the advice of the Western Provincial Council had not been given. The Government is now considering deleting the requirement of advice and also taking back many other land powers devolved.

Although Police powers have been devolved to a certain extent by the Thirteenth Amendment, Provincial Councils are unable to exercise those powers as the Police Commission Act, No. 1 of 1990 which provides for the establishment of a National Police Commission and a Provincial Police Commission for each province has still not been brought into operation by successive Governments. The government wants to completely take back Police powers.

On 14 November, 1987 the Sri Lankan Parliament passed the 13th Amendment to the 1978 Constitution of Sri Lanka. It was certified on 14 November, 1987. The Act recognized Thamil an official language and English a link Language and established Provincial Councils. Provincial Council Act No 42 of 1987 laying down the procedure to be followed in Provincial Councils was also passed.

Under the Thirteenth Amendment, if a Bill on a subject devolved on Provincial Councils is to be passed by Parliament, the Bill has to be referred to all Provincial Councils for their views. If all Provincial Councils agree, then the Bill can be passed by a simple majority. However, if one or more Provincial Councils do not agree, then the Bill must be passed by a two-thirds majority if it is to apply to the provinces which did not agree. If passed only by a simple majority, the Bill will be law only in the provinces that have agreed.

The government now wants to amend Article 154 (G) 2 and 154G (3) of the constitution that sets out the procedure for making any amendments to the provincial council’s list of powers. If this is affected, it would make devolution completely meaningless and a mockery.

There are 11 sections to the 154G and most relevant in this respect are Sections (2) and (3).
Section (2) reads as follows:

Article 154G (2) – this provision requires a Bill to amend or repeal any provisions of the 13th Amendment to be referred by the President “to every Provincial Council for the expression of its views thereon”. If “every Provincial Council agrees to the amendment or repeal” such a Bill could be passed with a simple majority. On the other hand, if “one or more Councils do not agree to the amendment or repeal” such a Bill needs to be passed by a 2/3 majority.

Article 154 G (3) is similar to 154G (2); it deals with the Provincial Government List. It is couched in the same mandatory and prohibitive language as Article 154 (G) 2.

Under the heading “Statutes of Provincial Councils,” Section (1) says “every Provincial Council may, subject to the provisions of the Constitution, make statutes applicable to the Province for which it is established, with respect to any matter set out in List 1 of the Ninth Schedule (hereinafter referred to as “the Provincial Council List”). This statute making power is important and without this power the Provincial Councils are not institutions of devolution of power.

The demarcation between devolution and decentralization rests on this matter, if otherwise or without this power the Provincial Councils would be mere instrument of decentralization only.

After holding talks with the government, including President Mahinda Rajapaksa, National Security Advisor Shivshankar Menon is apparently returning home empty handed like others before him. The government is in no mood to give any concessions although President Mahinda Rajapaksa during and after the war promised full implementation of 13 A plus. However, he never spelt out what 13 A plus means. While domestically playing the “patriotic card” he continues to dupe the countries that helped him to win the war against the LTTE on devolving power to Thamil people.

Now a concerted campaign of disinformation is carried by the Sri Lankan government to create a fear psychosis among the Sinhalese about provincial council system that has been in existence for 26 years. The LTTE spectre is also resurrected by ultra-Sinhala chauvinists who claim that a Northern Provincial Council controlled by the Thamil National Alliance (TNA) will lead to separation. And what Prabhakaran failed to secure Thamil Eelam through bullets the TNA will do so by the ballots. It is also claimed that the Provincial Council system is a white elephant. All these objections are raised only after the government was forced to conduct elections for the Northern Province Council after a lapse of 23 years!

Hard-line Sinhalese racists also claim that Sri Lanka was forced to sign the agreement under duress without consulting the people (read Sinhalese) following dropping of dhal bombs over Jaffna by the Indian air force fighter planes!

Both during and after the war ended India has repeatedly stressed its expectations that the Sri Lankan Thamil community would lead a life of dignity, as equal citizens. And India would make every effort to ensure the achievement of a future for the community marked by equality, justice and self-respect. But those expectations appear to be in ruins.

According to news reports Mahinda Rajapaksa categorically told Shivshankar Menon that he will proceed with his own agenda. He has told Menon the Parliamentary Select Committee PSC) will deliberate on the proposed amendments, if any and he will abide by the recommendations of the PSC. As for his earlier promise to implement 13 A fully, he said that promise was for the people (read Sinhala) and not for India, UNO and the international community.

In the meantime Mahinda Rajapaksa’s sibling Gotabhaya Rajapaksa, Secretary to the Ministry of Defence and Urban Development, has spoken his mind in an interview to the government mouth piece the Daily News. Unlike others he does not mince his words. He has rejected devolution and wants the total abolition of 13 A, of course for the wrong reasons. Below is some extracts from his interview:

“…It is nothing but true and correct that in the North and East there must be the same percentage of the majority community. When 78% of this country comprises Sinhalese how does such a vast landmass in the North become 98% Thamil? Isn’t this unnatural? This was forced. Natural growth was prevented.”

“…No I don’t believe in devolution because of the above points I mentioned. If devolution is for administrative purposes that is of course legitimate. But if one thinks that devolution would provide an answer to the national problem that is something that I don’t agree with…I think that’s [the complete repealing of the 13th amendment] the way forward…”

“This again I see as a reaction to some of the claims and things done by the minorities. We shouldn’t let these things come out. Remember the majority community is 78% but if some 8% or 10% of the community tries to bring various issues all the time it creates a suspicion among the majority community. It creates insecurity within the majority community and obviously there will be sections reacting to that. This is what happened…” (‘I Deplore Any Form of Extremism’, Daily Mirror July 4, 2013)

In any other country the open exhibition of such blatant racism by any state functionary would have earned him outright dismissal. But, in Sri Lanka Gotabhaya Rajapaksa is adored as a Sinhala hero by Sinhala extremists! The UNP has openly accused him of financing outfits like the Bodu Bala Sena.

Gotabhaya Rajapaksa in his much publicised interview is openly calling for the structural genocide of the Thamil people. Racists like Gotabhaya Rajapaksa are unable to stomach the domination of Northeast by Thamils and Muslims who together form more than 80% of the population. Gotabhaya Rajapaksa wants to change the demography of Northeast. It is he who is behind the accelerated Sinhala colonization of both the North and East, especially the Northern province. To carry out his genocidal grand plan the functioning of the Northern Provincial Council is an obstacle. Hence his call for the total abolition of 13 A.

Mahinda Rajapaksa has stacked the PSC with his puppet Ministers who have openly made statements in support of diluting 13 A. Those Ministers who were against truncating 13 A have been left in the cold. That includes Tissa Vitarana who chaired the All Party Conference (APC) Rajitha Senaratne, Vasudeva Nanayakkara and SLFP strongman and MP Reginald Cooray. These Ministers boldly called the move to dilute 13 A a blatant attempt to scuttle devolution and assert Sinhala political hegemony over the people of the North.

The PSC is being boycotted by all the main opposition parties – the UNP, the JVP and TNA.  Even some of the partners of the UPFA coalition like the LSSP, CP and the Sri Lanka Muslim Congress (SLMC) are opposed to the exercise. Now, the PSC is largely a cabinet subcommittee of ‘yes men’ appointed to rubber stamp changes to 13A.

The UNP has decided against joining the Parliamentary Select Committee since the government had not clearly set out its stand on the future of the 13th Amendment. Unlike in the past UNP is taking a principled stand on the ethnic issue. It wants full implementation of 13 A.

J.R. Jayewardene is called an old fox for his cunningness. But, Mahinda Rajapaksa is more cunning than J.R. Jayewardene. After finishing the LTTE with Indian arms, radars, intelligence, training etc.  he is now biting India’s hands! He thinks he does not need India’s help anymore since China is at his feet! He has signed a defence agreement with China and apparently he perceives India as the enemy country.

It will be interesting to see the next move by New Delhi. India cannot keep on parroting the mantra that “Thamil community should lead a life of dignity, as equal citizens, and India would make every effort to ensure the achievement of a future for the community marked by equality, justice and self-respect” without concrete action.

It is time India acts decisively and backs words with deeds.  Soft diplomatic approaches, mostly behind the scenes engagements have failed to domesticate Mahinda Rajapaksa. He is determined to follow his own agenda to impose Sinhala hegemony over the Thamil people and reduce them to the status of third class citizens.

There are many options open to India. One option is to announce boycott of the CHOGM scheduled to be held in Colombo in November this year. That will send a message to Mahinda Rajapaksa that India means business. It can also take over Kachchatheevu ceded to Ceylon in 1974. It must be very clear to India by now that Sri Lanka never understands sane advices.

Prime Minister Mrs. Indra Gandhi understood the mindset of Sri Lankan politicians and read the riot act. But, sadly her successors have failed to follow her bold diplomacy and no nonsense foreign policies.

On July 05, President Mahinda Rajapaksa has issued a proclamation reconstituting the Northern Provincial Council. He had asked the Commissioner of Elections to hold elections for the Northern Provincial Council. The Commissioner of Elections has fixed July 25 – August 01 for receiving nomination and election is likely to be held in September 27, 2013.

As I write the TNA has not nominated its candidate for the post of Chief Minister, but ex-Justice C.V. Wigneswaran is likely the choice. (This article was written two weeks ago)

Mahinda Rajapaksa true to form will use the entire government machinery to win votes. The Sinhala army is already engaging itself in canvassing votes for the ruling party. Appointment of graduate teachers put on hold for years is taking place now. In June this year 1,300 Samurdhi Development Officers have been recruited for all districts in the Northern Province. One hundred Samurdhi Development Officers selected for Jaffna District were given appointment letters by Namal Rajapaksa who is the unofficial MP for Kilinochchi district. A few IDPs also will be resettled in their homes during coming weeks. Other carrots will also be dangled before the voters. However, these gimmicks on the part of the ruling party are bound to fail. There are thousand reasons for Thamil voters who live like slaves under a military dictatorship to vote against the openly racist government. They have been treated like dirt by the Sinhala army of occupation. Their self-respect, dignity and fundamental freedoms have been flagrantly violated.

Sri Lanka never understands sane advices. Late Mrs. Indra Gandhi understood this very well and took appropriate actions. It appears India is running out of ammunition to deal with Sri Lanka.

As stated above, JR was called a wily old cunning fox, but Mahinda Rajapaksa is more cunning than his predecessors. The UNO let him go scot free not once but twice! Not only did he benefit from LTTE’s unofficial boycott to win his election, but also finish the LTTE with Indian help!  Now that he has signed a defence agreement with China, Mahinda Rajapaksa calculates he does not need India any more!

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Sinhala Colonisation: What is Rama’s Relationship With Seetha?

S. V. Kirubaharan

S. V. Kirubaharan

After listening to the Ramayana epic all-night long, in the morning, who will ask : “What is Rama’s relationship with Seetha?”

Those who have studied deeply and listened diligently will never speak Foolish words, even when they have wrongly understood a matter. – Thirukkural 417 

The title of this article is a Tamil expression. Years ago, the late Sivaram Taraki wrote an article in Tamil, under the same title, explaining how every Singhalese politician since 1948 has viewed the ethnic conflict in Sri Lanka and gradually changed their position to deny Tamils’ rights. In fact, this popular article was translated and became available in English as well.

  •  The armed struggle started in 1983, came to a complete halt after Mullivaghzal in May 2009.
  • Since Mullivaighzal, when we look at websites, especially those published in Tamil, we find news items covering – arrests, torture, killings, rape, disappearances, Sinhala colonisation, new Buddhist temples, military camps and also destruction of churches, temples and mosques.
  • Former combatants and the people are in detention centres and internment camps
  • Majority of the Singhalese in the South and the Rajapaksa regime publicly say that there is no ethnic conflict as such, in Sri Lanka. They don’t want even a Provincial Council governed by the Tamils.
  • The international community continuously reminds us that they are in favour of a solution within a united Sri Lanka.
  • Presently Tamils are divided into many organisations and groups. Therefore, there is clearly no unity.

Ignoring all these realities – certain diaspora organisations and some individuals say that they will not accept anything other than a separate or independent state. This is like asking in the morning, “what is Rama’s
relationship with Seetha?” after listening to the Ramayana epic all-night long.

Considering the realities and facts given above, every Tamil should earnestly realise their duty to do something to save our people and our hereditary land. If we fail to do this at the earliest, in another few years, there will be neither an ethnic group nor a nation known as ‘Tamil’ in the island. We will end up like the Tamils completely eliminated in Burma! Is this our intention?

What is our position today?

There is no doubt that since 1948 about 80-85% of Eelam Tamils have supported the idea of an independent state. Like other oppressed peoples, it is not necessary to give up this ideology. For nearly three decades, we had parity with every Sri Lankan government. We were in negotiations on an equal basis, cease-fire agreements and other documents were signed as a legitimate party in various peace processes. But today, does the Sri Lankan government recognise us as a people or as a nation? or even as an ethnic group? On the so-called victory day speech on 19 May 2009, President Rajapaksa clearly said that there is no minority in Sri Lanka!

No-one can deny Sri Lanka’s formidable ‘diplomacy’, allowing President Rajapaksa to remain in office successfully, even without granting the so-called home grown solution to the Tamils, promised to the international community.

The Parliamentary Select Committee – PSC is an eye wash, designed to deceive the international community. It was well predicted that this time-buying tactic would continue until the successful completion of fully fledged Buddhisation, Sinhalisation and militarisation in the Tamil hereditary land.

This is where some of the diaspora organisations and individuals are making mistakes. Statements they make about political solutions are widely circulated to the international community by the Sri Lankan embassies with the intention of proving that Tamils reject any form of reconciliation other than independence.

Presently, there is no genuine socio-economic, cultural or political empowerment for the people who have been living in the North and East for generations, centuries and millennia. The people are managing their lives without any institutionalised help from the diaspora.

Those who are for independence should understand that we are at the edge of a mountain. If we don’t act wisely or don’t call on our neighbour to help us, it will be the end of our political struggle which lasted for more than six decades.

Security Council and the referendum

In the past, I have explained and written a lot about the referendum that some of us are demanding. Once again, any referendum for independence, especially within a country in conflict has to be decided by the UN Security Council. This was the case with Eritrea, East-Timor and South Sudan. We should also remember that China and Russia are two permanent members of the Security Council. Do any of us believe that China and Russia will support our demand to have a referendum?

Scotland and Quebec are two completely different issues. The Scottish referendum is going to take place in accordance with the British government and Quebec had two referenda, both conducted by Canada itself.

Therefore we should not waste time and energy on something sprouting from our ignorance. There are some people who claim to be strong supporters of the Liberation Tigers of Tamil Eelam – LTTE and its leader Pirabaharan, but who never paid attention to his speeches, statements on the Indo-Lanka accord, his respect and friendship with both India and the international community. If they wish, they can still find these speeches, especially what LTTE leader Pirabaharan stated in the Suthumalai declaration of 4th August 1987 and in Heroes’ Day speeches on 27th November 2002 and 2008. Also his press conference of 10 April 2002.

Those who are familiar with Palestinian issues will not gamble our lives and the land. The Palestinians are openly supported by the Organisation of Islamic Co-operation – OIC which consists of 57 Islamic states. There have been numerous resolutions in the UN Security Council, General Assembly, Human Rights Council and various other Inter-governmental bodies supporting the Palestinians. Despite this massive and widespread support, Palestinians have been unable to achieve their goal as yet.

Consider the Palestinian question – do we have the support they have, of any single state? On the contrary, we have disastrous disunity among us.

LTTE on the Provincial Council

If anyone has doubts about the LTTE’s position on the Provincial Council, I advise them to read the book, “Will to Freedom”, written in 2001 by Adele Balasingam, wife of the LTTE advisor Anton Balasingham. The subject is clearly mentioned on pages 256 to 258 (“LTTE Strategy and Premadasa’s agenda”). Indeed, it is true that the LTTE had a pre-condition within their stance towards the Sri Lankan government, that the 6th amendment should be withdrawn. This should not deter anyone from seeing the positive value put on the Provincial Council.

Also we should consider the reasons why the LTTE registered a political party known as “People’s Front of the Liberation Tigers – PFLT” in 1989 and took part as an observer in the All Party Conference – APC organised by the Sri Lankan government.

Those who do not know these realities and facts are misleading the innocent people. These individuals promote their own selfish thinking as the political aspiration and policy of the people of the North and East. This is opportunism, taking advantage of a political vacuum.

Those who eliminated LTTE

During the recent “Delhi conference”, I got a chance to understand more realities about the present politics of the Tamils. This is really interesting and provides food for thought. However we cannot gamble our present situation.

It is obvious that the LTTE was successfully eliminated by a well co-ordinated and calculated strategy engineered and operating from various corners in different colours and shapes. One important factor was the anti-LTTE Tamil organizations, leaders, academics and intellectuals. These organizations have colluded and collaborated closely with successive Sri Lankan governments. They helped create the reality today : the LTTE is no more on the scene and Rajapaksa says that ‘there is no ethnic problem’ in the country, humiliating the international community and India, who recognize the existence of the ethnic problem.

Some diaspora Tamils say that those who collaborated with the Sri Lankan government in eliminating the LTTE should convince Rajapaksa’s regime of the need to respect equal rights and obtain whatever is possible for Tamils. This position may be based on emotions, anger and frustration.

The crisis proves that the Tamil National Alliance – TNA, should be strengthened and internationalised. No-one but Rajapasa’s supporters will be against this idea. For further objectivity, the TNA should extend their invitation to important personalities like retired Judge Mr. Vigneswaran and other Tamil intellectuals and academics.

When we talk about the TNA, some people panic and over-react. Some say that the TNA should be registered immediately. Even this appears to be a difficult issue, if we consider  the circumstances in which the TNA was established. The TNA is an umbrella body, however those who stood in the elections used the ‘house’, which is the election symbol of the Federal Party (Illankai Tamil Arasu Kachchi).

Is it necessary to register TNA?

The majority of the people who want the TNA to be registered as a political party, were not initially members of the TNA. In fact those members or organizations were with the Sri Lankan government, notably, the TULF – Tamil United Liberation Front and the PLOTE – People Liberation Organisation of the Tamil Eelam. Now it is believed that these two parties which never won any elections in the recent past, are eager to contest future elections on a TNA ticket.

It is obvious that the TNA was born due to the reluctance of the TULF. The LTTE which co-ordinated the forming of the TNA, wanted to have a multi-party organization, rather than registering the TNA as a single political party.

Therefore the present dilemma is that, if the TNA is to be registered, those parties who were with the government in the past may become office bearers of the TNA. Then there is no guarantee that these members will not twist their position and rejoin the government.

In such a scenario, what is the way forward? At the time of the “Delhi Conference”, we were able to gather another piece of valuable information. When the diaspora organizations and some individuals were invited to participate in this conference, they told the organizers that, if the TNA participated in this conference, they too would participate. This shows the popularity of the TNA among the people locally and internationally.

These facts further prove the urgent necessity of internationalising the TNA. The TNA has to materialize this at the earliest. There are more than 700,000 Tamils from the North and East abroad. The TNA could bring unity among the majority of the diaspora Tamils.

As a first step, the TNA should establish branches in every country and give the responsibility to the right people with the right qualifications – popular figures among the people with wide experience in politics. This will enable the TNA to hear the voice of the diaspora Tamils and have close contacts with Ministry of Foreign affairs in each country. This will give an opportunity to the TNA to feed the right information on local politics and the realities of the people, to the international community. This will also prevent every Tom, Dick and Harry giving false, unrealistic and confusing information to the international community.

Internationalising the TNA doesn’t mean isolating the diaspora organizations which are already in existence. They can continue their usual tasks that they have mastered for years – lobbying, demonstrations, solidarity, Tamil education, cultural programs, sports meets and observing Heroes’ Day and other important days.

Once the political task has been started through the TNA, elected by the people, it will prevent brain-washed individuals who are under the surveillance of the security forces, from harming our political aspirations, locally and internationally.

Also we should be acutely aware of the present task undertaken by the Sri Lanka government representatives. Presently, Prof G. L. Peiris travels around the world, working hard to ban the LTTE in countries where it was not banned and recruiting propaganda experts and companies in an attempt to counter the Tamil lobby.

This shows that there is no guarantee that the year 2007 will not be repeated among the diaspora. Here I recall that in 2007, many Tamil activists were arrested and tried in Europe and other countries.

Considering all these factual and impending realities, the TNA should take the leading role locally and internationally. Activities led by other organisations will be easily countered by Sri Lanka.

In conclusion, since 1948, we Tamils have been gradually losing our fundamental rights, land and properties. This erosion has been systematically carried out by all Sri Lankan governments, and to some extent with the help of Tamils. Let us not make the same mistakes again and again.

“When wicked dogs bark at the luminous Moon, what can the Moon do?”

“Dogs bark and the Moon continues to be luminous”

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Foreign Affairs

Commonwealth Need to Make sure Media Access For CHOGM

Joel Simon

Joel Simon – Executive Director – CPJ

Kamalesh Sharma

Secretary-General

The Commonwealth Secretariat

Marlborough House

Pall Mall, London SW1-5HX

United Kingdom

Fax: +44 (0)20-7930-0827

Email: [email protected]

July 10, 2013

Dear Secretary-General Sharma:

The Committee to Protect Journalists is concerned about press accreditation procedures for the Commonwealth Heads of Government Meeting that will be held in Colombo, Sri Lanka, in November. At past meetings, the Commonwealth’s Communications and Public Affairs Division has been responsible for issuing permission to journalists to attend the meeting. And, as you know, the visa application process will soon be under way.

But press reports from Colombo have indicated that the Sri Lankan government intends to enforce stringent background checks on any foreign journalists covering the meeting, with the apparent intention of denying them permission to enter the country. A document recently released by the Sri Lankan government said that the authorities reserve the right to “exclude any person … and impose additional conditions of entry to Sri Lanka … regardless of whether or not that person is accredited.”

Journalists will be issued accreditation by a task force, which is a division of the Sri Lankan Ministry of External Affairs. The ministry has stated that credentials may be “withdrawn, suspended, or deactivated for any reason at any time.”

Ceylon Today reported that on Saturday, Media Minister Keheliya Rambukwella said authorities would be “cautious about who is coming” because some journalists have attempted to tarnish the country’s image under the “pretext of media freedom” and that they were a threat to the “national security of the country” and would be scrutinized before they are issued visas.

You are well aware, of course, of Sri Lanka’s abysmal press freedom record and the high level of impunity for those who attack or kill journalists. Even though the number of deaths under the current government has subsided, many Sri Lankan journalists have told us of continuing intimidation, and many admit to self-censoring their work in order to not fall afoul of the authorities. Others have told us of coming under threat because of their ethnicity.

Secretary-General Sharma, you have resisted calls for the Commonwealth to change the venue of the November meeting. You said in a June 29 letter published in the Sri Lankan Daily Mirror that the question for the international community was whether to criticize the lack of progress in Sri Lanka from afar or to make a practical difference. The paper quoted you as saying that the Commonwealth had opted for the latter option. You said, “We are active in Sri Lanka in advancing Commonwealth values, including human rights, the media, the judiciary and building mutual respect and understanding in communities.”

While we understand the value of engagement, if the Commonwealth cannot assert its own authority in asking for full media access to such an international event, the future for positive engagement looks bleak.

We ask you to ensure that the Sri Lankan government, which is widely known for its aggressive anti-press stance, does not prohibit access to foreign and local journalists who seek to cover the events surrounding the Commonwealth Heads of Government Meeting. Such an effort on your part would go far to show your commitment to advancing Commonwealth values of media freedom.

With best regards,

Joel Simon

Executive Director

CC List:

Commonwealth Director for the Communications and Public Affairs Division Richard Uku

Minister of External Affairs Gamini Lakshman Peiris

Minister of Mass Media and Information Keheliya Rambukwella

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The Story Of Johnians And The Controversial Practice In Our Teaching In Sri Lanka

Prof Suresh Canagarajah

Prof. Suresh Canagarajah

It is a pleasure to be back in my alma mater on its 190th anniversary. All old boys will agree that we owe a lot to St John’s College for all that we have achieved here in Sri Lanka and abroad in our personal and professional lives. I want to start with two brief stories to demonstrate how the foundation provided by St John’s has helped me in my academic career. I hope that these stories show our students how a strong and meaningful early education is important for our success.

When I went to the US for graduate education from University of Jaffna, I was worried that the knowledge there would be so advanced that I won’t be able to follow the courses. For one particular course, I thought I should talk to the professor before the class to see if he would recommend that I delay following that course. Professor John Baugh spoke with me for about ten minutes and asked me what books I had read in my field and which scholars I knew. Half way through the conversation, his eyes widened, and he said, “Do you realize that you are one of the most widely read students in this department? You obviously have good reading skills and academic training. Where did you get this educational foundation?”

My mind immediately went to my training at St John’s. From my early grades here, St John’s has always reserved time for the library. Students were taken to the Handy Library for a whole class period, to learn how to search for books, get familiar with the cataloguing system, and read quietly without talking to others in the silence of the library. That experience trained me in many things. It developed an appreciation for books, it disciplined me to focus on the reading, and it inculcated patience to read without distractions. It is this training that helped me to cultivate my reading habit. When I went to the US, I found that I was not only ready for my graduate education, I could also overcome the new academic challenges I faced there because of the reading skills St John’s had developed in me.

My second story relates to the skills of public speaking and memory. The college has always reserved time for literary associations, speech competitions, and concerts. Particularly challenging to me was the Tamil Oratory competition in upper school. We were provided a choice of topics, given a few hours to prepare, and then expected to stand before three judges and the audience to deliver the speech. This competition required good skills of thinking, planning, memory, and spontaneous delivery. This is because the time given was not enough to write a whole speech and read it. The skills I developed from this experience still remain with me. I still prepare the outline of my talk mentally, organize the points effectively, and speak without writing down the whole speech. This skill sometimes surprises my listeners. Recently, a senior professor from the US took me aside after I gave the keynote in a major professional conference and whispered: “That was a great talk. But tell me the truth: you wrote the talk and then memorized it, right?” She was surprised by my memory (that I can speak for an hour without notes), organization skills (that the talk was still very coherent), and delivery (that it was done with confidence). I had to explain that the talk wasn’t written or memorized. I had developed all the skills she mentioned during my early education at St John’s.

What is interesting about both examples is that these skills of reading, speaking, thinking, and planning cannot be developed on a single day or in a short time. You can’t develop them simply before an examination or a lecture. They take time to develop. It is for this reason that a solid educational foundation is important. The habits and practices we develop in childhood support us in the challenges we face later in life. They develop further and help us achieve even more complex and demanding tasks. Many scholars think that some of these skills are dying today. Young people are losing the discipline of reading consistently for a long period of time because technology offers them instant and disconnected messages from multiple media. Memory is impoverished as students depend on readymade sources for information and are not expected to remember them for future use. I would suggest that the skills St John’s developed in me are still valuable and have helped countless former students succeed in their education and professions.

These skills are part of the tradition of St John’s. From its very beginning, the college has given a high place for these skills. The first school library association was started in 1890. There are other Johnian traditions everyone in Jaffna and even in Sri Lanka talks about. The college is well known for developing a solid background in English, cultivating a good discipline, and providing a balanced education that includes spirituality, sports, and extracurricular activities. However, we cannot remain satisfied with these traditions. When we have profound social changes around us, both locally and globally, we have to reconsider what new traditions we have to develop to serve our students and communities better. So, I want to focus in this talk on five changes we need in education to respond to the changes around us. To make it easier for students to remember them, each of the changes I propose starts with the letter C. Let me see if you can remember them after this talk!

The first change to consider is orientating to learning as creative. We have to focus on creating new knowledge rather than repeating old knowledge. There has been an observation that while western communities are good in inventing new things, eastern communities are good in applying and implementing them. Is there something in the culture of the western people that values novelty, while eastern people value tradition and orthodoxy? This attitude to knowledge could also be because we in Asia give so much importance to examinations, which cultivate a focus on established knowledge and the ability to repeat it. However, learning involves more than passing an examination. Our students have to also produce new findings, discover new knowledge, and invent new technology. If not, we will always be followers of other communities rather than leaders. We will also not be able to develop our own communities in the ways that are relevant for us.

Consider how students are encouraged to be creative in the United States. Every year, there are nationwide science competitions for school students to display their new inventions. One of the winners in this year’s competition was Eesha Khare from California, whose parents come from India. She produced a supercapacitator, a gadget that will fully charge cell phones in 20 seconds, in extremely short time. She won a prize of 50,000 dollars, which she is going to use to attend Harvard. These inventions are not playful. They actually lead to industrial production and make real changes in people’s lives. Eesha is already courted by major high tech companies. They say “Necessity is the mother of invention.” In our community now, we have a lot of need.  We have experienced a lot of destruction during the war. You can invent things that make a difference in the lives of our people.

Change number two: learning should be critical. By critical, I mean that we should have a questioning attitude towards knowledge and facts. This is connected to the previous change. We cannot be creative without questioning old knowledge. Asian communities don’t always encourage a questioning attitude because they believe that authorities such as parents, teachers, and leaders know what is right for everyone. Questioning is discouraged because it is considered a challenge to those in authority. I think the tragedies of our community in our recent history have resulted from our inability to question our leaders. Eventually, such an unquestioning attitude led to destructive policies and actions.

However, questioning doesn’t mean rejecting everything that our community holds as important. A critical learning can actually help us understand and appreciate our traditions and values. It can also help us understand our limitations and work towards formulating new values and traditions. Questioning can start from what goes in our schools and go all the way to what goes in our country and even in the world. Consider how students in a school in the United States, Wilcox County High School in Georgia, engaged in critical thinking. Their school had a tradition of holding two year-end parties—one for white students, the other for colored students. This April, some students thought this tradition was flawed. They wanted to establish a new tradition in which students from all the races can have one unified party. A group of four students from different racial backgrounds organized a committee to plan this party. There was considerable opposition from their town. There was talk that these students will be punished or ostracized. However, these students didn’t give up. Eventually, when they held a successful party for all the racial groups, their story was in the national news media. They were applauded by the whole country for inventing a new tradition for their school.

Change number three: learning as civic. Civic means relating to the community we live in and being good citizens. Do we see our learning connected to making a better living condition for our community? Or do we engage only in learning for the sake of learning? If our only objective in going to school is to get all A’s in the AL examinations, learning is not civic. It is selfish. Our competitive examinations have made us focus only on displaying our own mastery of knowledge, rather than considering how this knowledge can be used in the service of our community. The civic attitude can enhance learning rather than distracting students from education.

Consider the example of civic learning from a school in the United States. In the city of Madison some years back, teachers in a high school divided their students into small groups and gave them projects relating to some burning issues in their community. Students had to study the problem and write a report on how to solve it. One group focused on the increasing rates of asthma in their town. The four students divided the responsibilities among themselves. One student visited local communities and talked to parents and leaders about their view that pollution was causing asthma. Another student interviewed the municipal authorities in the town on sanitary conditions. The third student did library research on news reports and scholarly research on the connection between asthma and environmental pollution. The fourth student interviewed scientists in the local university to understand how pollution caused asthma. As they conducted this project, the students were sharpening their learning skills—they were reading advanced research and news material; they were developing interviewing skills; they were writing reports on what they observed and learned. Their motivation to solve the problem in their community made all this learning interesting and engaging. Eventually, they wrote a combined final report on their recommendations on how reducing environmental pollution can reduce the rate of asthma and submitted it to the mayor. When they connected their education to solving a problem in their community, the students found learning motivating, meaningful, and enjoyable.

That example also illustrates the fourth change I wish to propose: learning as collaborative. What we see in the Madison example is how students work together, pool their collective strengths, and collaborate in solving a problem. There is more strength and more knowledge when four people put their heads together. More importantly, collaborative learning develops a new attitude and value towards learning, based on cooperation. The examination-based learning in our community has developed in us a lot of selfishness. Each student for himself or herself, seems to be the guiding principle. We are expected to show how we can outsmart the other students. However, in the adult world of work, we need to collaborate with others to solve problems or implement changes.

While collaboration between students is important, another sort of collaboration now involves teachers and students. Even teachers are adopting the attitude that they are not there to lecture to students, pretend they are the sole authorities on all kinds of knowledge, or give the right answers that have to be accepted uncritically. Teachers now think of themselves as facilitators of learning. They arrange the class, texts, and assignments in such a way that students can collaborate with each other and with teachers to learn creatively and critically. In my teaching in the US, I am always open to the possibility that some students might know more about certain areas or topics than me. When I am asked a question for which I don’t know the answer, I immediately confess that and promise to find it out in the next class rather than giving students a false answer simply to save my honor. I am open to being challenged by students on some of my positions, and engage in a dialogue with them to move to a higher understanding. Rather than portraying me as a weak teacher, this collaborative attitude actually shows that I am strong and confident. I know what I know that I can be humble about my limitations and be open to learning new knowledge from others.

This attitude is going to be difficult for Sri Lankan teachers who are treated like Gods. I want to discuss a particularly controversial practice in our teaching in this country that is drawing a lot of attention these days: Caning, or corporal punishment. Recently, I have received many email messages from Tamil people living abroad. They tell me: Teachers in Sri Lanka seem to have no limits on how they can use either the cane or their own hands in hitting their students. In some cases, this goes beyond punishment to physical abuse. Students end up with marks all over their body. We have to start a discussion in our community on the relative effectiveness of caning versus non-physical punishment.

Physical punishment has been banned in many countries. It has been absent from French schools since the 19th century. In 2008 a teacher was fined for slapping a student in France. In UK, in state-run schools, and also in private schools where at least part of the funding came from government, corporal punishment was outlawed by Parliament with effect from 1987. The Supreme Court of Canada outlawed caning in 2004. In the US, it is left to each state to develop a policy for schooling. Majority of the states have banned caning in public schools. New Jersey was the earliest to ban it in 1867. Physical punishment has also been banned from many socialist countries because they believe that it is contrary to socialist values. From the 1917 revolution onwards, corporal punishment was outlawed in Russia and the Soviet Union. Other socialist countries have followed this practice. In all these countries, if a teacher hits a student, he or she will be taken to the courts.

However, not caning or hitting the student doesn’t mean not punishing. Punishment is important for cultivating discipline. But certain non-corporal forms of punishment can be more effective. For example, my 11 year old son is very talkative in the class. He is very naughty and gets punished a lot. But he has never been slapped or caned. Teachers have many other good options. They can detain him after school or keep him in the class while others are playing during the interval. When other students earn reward points for being good, he will lose his points. These points are used at the end of the school year to buy things donated by parents. In the worst case, the parents can be called up (which my wife and I did once) or he can be suspended from school (which hasn’t happened to him yet: Thank God!). Some of these forms of punishment are very effective because they motivate my son to be good on his own recognition. He has the choice of either earning points or losing them, and suffer the consequences at the end of the year. So, caning motivates students negatively through fear and pain, rather than positively by encouraging students to do better.

I know that many parents and teachers in our community feel “aTiyaata maaTu paTiyaatu” and feel that caning is the only form of effective punishment. But soon we have to come to terms with the changing orientations to punishment and schooling around the world. We are living in a connected world where events and practices in one community are relayed to others in a matter of minutes. If a student in Jaffna gets beaten this morning, his uncles, aunts, and cousins in UK, Canada, Australia, and the US know within minutes how many times he was beaten, how many marks he has on his body, and which doctor he was taken to. So many Tamil people abroad have started asking: “Why is this primitive practice still continuing in our community? Why are teachers so abusive, angry, and out of control with their students? Are teachers taking out their own frustrations on their students? Is caning a legalized form of cruelty in our community? Is caning a reflection of how our community has become comfortable with violence after many years of war?”

That brings me to the final point: learning as cosmopolitan. Cosmopolitan means being a global citizen. Today we cannot separate ourselves from developments in other communities. As I just mentioned, we cannot think anymore that what we do in Jaffna will remain isolated in Jaffna. Within minutes it is known all over the world. More broadly, our fate is interconnected with the fate of other communities. Think of the global economic crisis, climate change, nuclear arms, and environmental pollution. What one community does affects all of us. So, it is important for our students to develop the attitudes, values, and orientations to consider other cultures and people. However, being cosmopolitan doesn’t mean losing our own values and identity. A better approach is to be proud of who we are, as we engage with other cultures. This is a two-way process. We can evaluate the things we learn from others from the point of view of our own culture and society. But we should also be open-minded so that we can be self-critical and change our values and traditions. In fact, when we engage with other cultures and learn new perspectives, we might in fact rediscover the secrets and wisdom of our communities that we may have forgotten over time.

Let me apply cosmopolitanism to my talk this morning. Are the new traditions of learning I am proposing influenced by my engagement with other cultures? To some extent they are. I am now a teacher educator—that means a person who trains others to be teachers. What I have shared with you are the principles that guide my teaching philosophy when I teach students from US and many other countries to become good teachers. However, remember that I started this talk by appreciating some of the traditions St John’s shaped me with—i.e., reading, speaking, thinking, and planning. I criticized many trends in the western world—such as instant communication and multi-tasking—that are leading young people to losing these important skills. St John’s should continue to develop the positive traditions in its history. However, there are other ways in which St John’s should develop a new educational tradition—namely,learning as creative, critical, civic, collaborative, and cosmopolitan. Even these are not new to our culture. My engagement with other cultures helps me rediscover elements in our culture that we may have forgotten. So think about Auvayaar’s saying “kaTRatu kai maNNaLavu kallaatatu uLakaLavu” (i.e., What we know is a fistful, what we don’t know is a world full.) This verse reminds us why we have to think of learning as creative, collaborative, and critical. No one can be satisfied with what we already know. We have to constantly critique what we accept as truths. Or think of Puranaanuuru: “yaatum ooree yaavarum keeLir” (i.e., Every place is our village, every person our kin). This verse reminds us of the importance of cosmopolitanism and engaging in civic learning that is useful to all people.

The changes that I spell out this morning have also been present in the missionary history of our school. Just think of the founder of our school Joseph Knight. When he came to Sri Lanka in July 1818, he was a representative of the Church Missionary Society. This society opposed the practice of treating Africans as slaves. They thus displayed critical thinking. Before he started classes for local students in Nallur, he first learnt Tamil language with the help of a local Hindu priest. It must have been difficult for both parties to engage in such learning. Knight would have thought of the Hindu priest as a heathen, and the priest would have thought of Knight as unclean. It is said that the Hindu priest used to stop by at a village well after these classes to cleanse himself before he went home. Despite their cultural differences, both people collaborated in learning from each other. That was not only collaborative learning, it was also cosmopolitanism. Both didn’t change their own systems of belief; but that didn’t prevent  them from cooperating and learning from each other and enriching their world view. Knight went on to lay the foundation for the first Tamil/English bilingual dictionary. When the Winslow’s Comprehensive Tamil and English Dictionary was published in Madras in 1862, the preface acknowledges how Rev. Knight had started and contributed to this project. That was civic learning—i.e., knowledge that was useful to other people. There is also creativity, because Knight sought new knowledge. He started a comparative exploration of Tamil and English that we are still continuing today. Knight went on to start lessons for 7 students in his house in March 1823, before renovating the decaying Old Dutch Church at Nallur and getting permission from the government to start a school there. Motivated by a vision and sprit of service, Knight established a new institution and invented new traditions that have gone on to be a blessing to thousands of youth in our town.

Today there is a similar challenge for all of us to be missionaries, path breakers, tradition-builders in our community. With one history of our community coming to an end, we are in the beginning of another. We are almost starting from scratch. Buildings have been demolished, community leaders killed, families displaced, students orphaned. The question for our school is: what kind of education is going to address the changes around us. The task of slowly rebuilding our community is starting. Old boys have been sending money to St John’s to put up new buildings and support displaced and orphaned students. But an important question everyone is asking now is this: St John’s is proud of the new buildings it has put up; but is it paying enough attention to building the moral, spiritual, and intellectual life of its students? Should the school be more interested in building up the quality of education needed for the new age?

This is the time to initiate new traditions of learning and education for St John’s College. Though we may be materially disadvantaged, we are still culturally, spiritually, and intellectually rich. Buildings may be destroyed; but nothing can destroy our mind and soul. Nothing can stop someone’s mind from growing, influencing others, shaping the environment around us, conquering disadvantages, and achieving great things. This is the story of Johnians from the past. We grew up in a disadvantaged community, with less buildings than you have now. But that didn’t stop us from achieving impressive things on the global stage. It was not about what material resources we had. It was about what cultural, spiritual, and intellectual resources we developed in our community. You students can still achieve all that. You can develop to be powerful inventors, thinkers, and leaders, though now you may not have a house over your heads, family to care for you, or enough things to provide a comfortable life. Remember our school motto: “Light shineth in darkness”. It is precisely at this time in our history that we are called upon to shine. And the only thing light can do, something that comes naturally to it, is shine! I wish the staff of St John’s college, the parents, the local community, and especially the students the very best as they work towards building more meaningful educational traditions for the future.

Speech by Prof. Suresh Canagarajah,Edwin Erle Sparks Professor of Applied Linguistics and English, Pennsylvania State University, USA, at the THE ANNUAL PRIZE GIVING was held on Saturday 6th July, 2013, at St.John’s college Jaffna in Sri Lanka

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Foreign Affairs

Sharma, You Are Granting The Commonwealth Seal Of Approval To An Emerging Dictatorship In Asia

mangala s- colombotelegraph

Mangala Samaraweera MP

‘Rainbow’s End’, 141/5, Galkanuwa Rd., Gorakana,

Moratuwa,
Sri Lanka.

5th July 2013.

H.E. Kamalesh Sharma, Secretary-General,
The Commonwealth, Commonwealth Secretariat, Marlborough House,

Pall Mall,
London SW1-5HX, UK

Your Excellency,

CHOGM – 2013

page1image4560

I am writing to you with reference to a news item published in the Sri Lanka Daily Mirror of 29th June 2013. The story, captioned ‘Commonwealth wants to make practical difference in Sri Lanka’ quotes a letter you have reportedly sent to an unspecified recipient . In the absence of any contradiction or clarification from your organisation, I assume that the remarks are accurate. You are quoted as saying:

“The LLRC report was a home grown roadmap for achieving peace in a multi ethnic nation.The question for the international community is whether to criticise the lack of progress from afar in implementing that report or to offer and to make a practical difference. The Commonwealth has opted for the latter and the Sri Lankan government even now is identifying the areas where we will help. We are active in Sri Lanka in advancing Commonwealth values, including human rights, the media, the judiciary and building mutual respect and understanding in communities.”

The Commonwealth wanting to make a practical difference in Sri Lanka is indeed most welcome. However, for many of us who are living not afar but in Sri Lanka, we find it rather difficult to share your optimism as Sri Lanka seems to be moving away from the values which you claim that the Commonwealth is advancing even now. The day to day practical reality is that Sri Lanka continues to violate with impunity all 16 values of the Commonwealth Charter in varying degrees and we in Sri Lanka experience first hand the present Sri Lankan government’s contempt for democratic values, the rule of law and the sanctity of life.

In fact, Sri Lanka has slipped down to the 29th position in the ‘Failed State Index‘ compiled annually by the Fund for Peace and the Foreign Policy magazine. This year this drop is due to the deterioration of performance in 7 out of 12 categories, notably in the areas of human rights, rule of law, delegitimisation of the state, poverty and economic decline.

The human rights situation in Sri Lanka shows no signs of improvement and as ‘Lawyers for Democracy‘ stated in April, ‘the spate of deaths of persons while in Police custody is alarming. The casual manner in which the death of persons in police custody is being treated by the authorities is an insult to our system of administration of justice.’ The independent inquiry into the cold blooded execution of over 27 prisoners in November last year has also yet to materialise.

While hundreds if not thousands of complaints of serious human rights violations gather dust at the Human Rights Commission of Sri Lanka (HRCSL), the commissioner announced a few days ago that the commission will be probing into rail tragedies at unprotected railway crossings in the country! In the face of such cynicism, the workshop being conducted by the Commonwealth and the HRCSL in Colombo at the moment with the participation of your deputy, I feel, is an useless exercise in mutual deception. By conducting a workshop with the HRCSL you are conferring legitimacy to a human rights institution which has become yet another appendage of the executive since the 18th Amendment of September 2010 . This is in direct contravention of the Paris Principles, which relate to the status and functioning of national institutions for the protection and promotion of human rights. As the Paris Principles stipulates, ‘ the key elements of the composition of a national institution are its independence and pluralism. In relation to the independence the only guidance in the Paris Principles is that the appointment of commissioners or other kinds of key personnel shall be given effect by an official act…..’ However, all commissioners of the current HRCSL have been appointed by the President.

Lattimer House Principles are also being consistently and continuously violated. After the President forcibly excluded the legal Chief Justice, Mrs. Shirani Bandaranayake from her chambers and installed someone else in her place in January, the executive with his hand picked set of judges proceeded to scrap the violated court of appeal order. This order was ignored by the President when he removed the legal Chief Justice after an hurried impeachment trial more akin to the witch trials of the dark ages. The witch hunt against Mrs.Bandaranaike continues and she has been summoned several times to the Bribery Commission which has also now become yet another appendage of the executive arm since the 18th Amendment came into operation.

Today, it is a well known secret that all Judicial transfers and appointments are decided at ‘Temple Trees’, the official residence of the executive, in violation of the Latimer House principle which states that ‘ Judicial appointments should be made on the basis of clearly defined criteria and by a declared process.’

Another Latimer House Principle states that the ‘ interaction, if any, between the executive and the judiciary should not compromise judicial independence.’ Yet the new Chief Justice prefers to demonstrate his devotion and servility to the executive by being a frequent visitor not only to the President but to his brother, the defence secretary.

The judiciary is not the only victim of the erosion of law through disempowered institutions. Even the university administration has been made into useless appendages of the executive. For example, the University Grants Commission has now abdicated its powers and responsibilities under section 34(1) of the act to select and recommend one person for appointment by the President. It has now unlawfully clothed the President with authority to make his own choice of Vice Chancellor.

The Committee to Protect Journalists ranks Sri Lanka as the 4th most dangerous place in the world for journalists to work in. The Criminal Investigation Department continues to raid newspapers which highlight corruption linked to the first family and two days ago,the Editor of ‘Janarela’ – a weekly Sinhala tabloid , was grilled by the CID regarding an article published last year. In the north, un identified militia men have continued their attacks on several independent newspapers. Several media personnel at MTV, a leading private television network, were threatened again recently.

Also, the government which purportedly claims that it values Commonwealth principles, has sought and received Chinese expertise to monitor, hack and block websites which expose human rights violations and corruption. In fact, the Defence Secretary, recently identified social media such as Facebook and Twitter as a serious threat to national security and plans are afoot, according to reliable sources to ban social media as well as to introduce the draconian code of ethics for the media, recently approved by Cabinet, after the summit in November.

Despite the predominantly Chinese funded ‘show’ development in the North, at vastly inflated costs, the plight of the Tamil people has deteriorated and the militarisation continues unabated. A special unit under the Commander of the area has been formed to suppress democratic activities: during a visit to the area some months ago, even a meeting attended by the Leader of the Opposition was attacked by this squad. While the government is reluctantly preparing to hold Northern Provincial Elections thanks to intense international pressure, there are reports that members of this squad are intimidating and threatening candidates who are hoping to seek nomination from opposition parties.

Even other religious minorities are now being persecuted with impunity. There have been over 15 Incidents during this year where Mosques as well as Muslim owned businesses have been attacked in broad daylight while the Police looked on. Two weeks ago, a beef stall owned by a Muslim was vandalised and destroyed while the Police and the PSD (Presidents Security Division) guarding the Presidents Tangalle residence, just a stones throw away, looked on. Many Christian places of worship have also been attacked in recent months. The fact that these fanatical groups can take law into their hands with total impunity is proof enough of the unholy alliance between these purveyors of terror and the powers that be.

Also in violation of yet another Commonwealth value, the government is continuing its witch hunt against members of civil society. The much respected local representative of the Ferdrich Ebert Stiftung was recently apprehended at the airport and questioned about funding a book written on Buddhism and Governance by the Leader of the Opposition seven years ago. She was also questioned by the CID for two days in May after hosting a workshop on Campaign management for Members of Parliament of the UNP. Another woman from an Indian NGO was deported last week for being critical of some development activities in the North. Many other key human rights activists are also subjected to harassment and the bank accounts of some of them have been frozen without a court order.

Emboldened by its apologists in the International community, the regime, continues with arrogance to violate the core values of the Commonwealth Charter. It is in the context of these continuing violations that I cannot share your enthusiasm that the “Commonwealth soft power and behind the scenes contribution’ can lead to “real progress in the long term”. From the daily occurrences, some of which I have mentioned above, it is clear that the government is unable to mend its ways and that there is a vast discrepancy between the values of the Commonwealth and the values of its incoming Chairman.

It is certainly true that certain recommendations of the LLRC report need a longer period to implement but if the government of Sri Lanka is sincere and genuine in its commitment to the Commonwealth Charter, there are some changes which could be implemented immediately prior to the Summit in November and in time for the Northern Provincial Elections.

For example, the notorious 18th Amendment to the Constitution, introduced as an Urgent bill in 2010 abolishing the independent Judicial, Elections, Public Services and Police Commissions can be repealed immediately with yet another urgent bill restoring all the independent commissions. This could well be the litmus test on the governments commitment to the core Commonwealth values.

Free and fair elections are an integral part of the Commonwealth charter. In addition to the independent elections commission and independent police commission been in place before the Northern Elections, it also imperative that a civilian governor be appointed to the North and that the army be confined to the barracks , if the election is to be truly free and fair.

If such changes are to be implemented prior to CHOGM in November, all Sri Lankans, I am sure will congratulate and thank you for the ‘Commonwealth soft power and behind the scene contribution’ in restoring the credentials of one of Asia’s oldest democracies. However, holding of the summit without such a proven commitment to the values and principles of democracy would not only call into grave question the value, credibility and future of the Commonwealth, it will also be the granting of the Commonwealth seal of approval to an emerging dictatorship in Asia.

As the CHOGM summit is of immense public interest, I am taking the liberty of releasing this letter to the media.

With best wishes, Yours truly,

Mangala Samaraweera M.P.

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India’s Invasion By Invitation – 1987

S.Sivathasan

S.Sivathasan

JR invited, Rajiv Gandhi invaded and Tamils paid the price. The cost of political unrealism at over 1,500 dead on either side was exacting. The invasion had a twin motive. To make the North safe for the TULF – read moderates friendly to India – and the South safe for the UNP – read a regime amenable to India. JR heaped victory on his country. The invitee was treated to ignominy by Tamil militants. It rankled in India’s mind from 1987 and most particularly since 1991 and was avenged in 2009. Lessons of the misadventure are not learnt yet by any of the parties complicit to it.

Firstly a brief look at the precursors to India’s intervention. Tamil militancy and the state military were reaching a point of a major collision. Events moved in quick succession in mid-1987. May of that year was rife with talk that the capture of Jaffna by the Sri Lankan military was in the offing. Either rumour or inspired leak had it, that execution of the plan would involve heavy casualties. Jaffna was gripped with fear. What lent credence to it was the feeling that the militants were not strong on ground and their  ammunition supply was limited. The native intelligence of the Jaffna man helped in this discernment.

The Vadamaratchchi Operation launched on 26th May and the ease of capture in 4 days, confirmed the forebodings. Extension of the operation to reach the heart of Jaffna was therefore anticipated. The first three days of June saw movement of people  going in all directions away from their homes with no clear idea where. News of the food convoy from India moving towards Jaffna was comforting to the Tamils. But that noon itself it was stopped at mid ocean by the SL Navy. Euphoria for the South and disappointment for the North were only for a while.

The following day a little before 5 pm, there was an unprecedented roar of low flying jets, fighter planes and cargo planes dropping food items. It was revealed subsequently and quite credibly that the air drop was scripted even before the food convoy set sail. Within minutes everybody figured out what it was all about. The youth lit crackers. Not a soul bothered to say food has come. No one stopped to debate the legality or otherwise of airspace violation. Their obsession was that SL army with air cover was going to  honeycomb the Peninsula. This had now been foiled by India. They were ecstatic only about what the drop signified. INDIA IS COMING was their perception. This was enough to dispel all gloom.

The following morning, Thursday, I asked an officer working with me what his clairvoyant friend will say. He said that he had already met him who after prayers and meditation had said that “the next day – Friday, the army will get out of Pt. Pedro and march towards Jaffna. BUT midway, it will turn back and go, for reasons he was unable to know.” On Friday morning the army did break out. At Atchuvely much to the surprise of all Tamils it reversed course. This turning back is the now well-known handiwork of DN Dixit who was forceful enough to get New Delhi to intervene and stop any further advance beyond Atchuvely.

From this date after a seeming lull, there was a spate of activity among three groups. The Indian Government, Sri Lankan Government and the militants with civilians as spokesmen. To bring about some settlement and to avoid confrontation was the concern. As these went on, a few weeks later a food shipment arrived in KKS harbor. To receive it Mr. Hardeep Puri, Political Secretary was at the harbor. He was taken to Jaffna town in an open vehicle by the Tigers. On either side of the road there was a massive, happy and enthusiastic crowd, wanting to convey its gratitude. Again, not for food but for the prospect of INDIA COMING. In charge of arrangements were Tigers. The vehicle could only inch along. All the way he was profusely garlanded, feted and treated to food and drinks. It was a reception which is reserved for the rarest of personalities for an exceptional occasion. In an earlier time only Nehru could have got it. Now Puri had it. To Jaffna he symbolized India and honouring him was honouring India. The whole event was televised by local TV managed by Tigers. Such was the emotional bond between India and the Tamils at that time. The Tigers did their arrangements well, but it was clear that it was formal and ritualistic. Their heart was not in it.

The month of July saw again a flurry of engagements among India, Sri Lanka and the Tigers ending up with the Indo Lanka Accord in July 1987. The Tigers had no say about it, no hand in the draft and did not so much as have the occasion even to read it. Within an hour or two of it being signed, massive Antanovs and other planes flew continuously for two days or more. They ferried men and material from India to Palaly. Alongside, was the movement of SL troops to the south by air as well. Soon after, there was a formal handing over of weapons by the Tigers. Those who were knowledgeable were certain that it was a mere token of what they possessed.

To the war weary, there was peace in our time. To the percipient signs were ominous. From August1987, they were fueled by India’s proclivity to unsettle, not by error but by design. The relationship between India and Sri Lanka in the period 1977 to 1987 needs to be understood to fully discern developments at that time.

When JR won the elections in 1977 and became President in ’78, his alter ego Morarji Desai was Prime Minister of India. In 1980, Indira Gandhi unseated him scoring a resounding victory. This was irksome to JR who had earned her ill will and wrath. Ideological differences apart, there was personal antipathy and even temperamental incompatibility. He prided himself over the thought and made it public that he was of Nehru’s vintage. Implicitly, Indira was but a trifle. Can it go well with a lady of aristocratic lineage and bearing, who was styled by the West as Empress of India? She was a personality cast in the mould of Patel and not of Nehru. JR hated her and her hatred was no less. Once in the early eighties a friend of mine while talking to her in Delhi, said “Madam, JR hates India”.  She leaned towards him and said “Me also”. It was such a leader of a great nation that JR had to deal with.

To a Prime Minister poised to deliver a lethal punitive blow, the 1983 pogrom against the Tamils provided the occasion. Even more important was the emergence of motivated Tamil militants straining for training in India. Tamil Nadu of the same ethnic identity was a suitable hinterland ready at hand. As factors moved favourably in Delhi’s calculation, Tamils had their own ideas that history would move as they wished. If India could be persuaded to the strategy of partition, then Cyprus Solution of the north for the Turks and south for the Greeks could be considered a precedent for the Sri Lankan situation. Whatever the viability of this thought, it lost its sheen with the demise of Indira Gandhi. There was little realization among Tamils that the world had moved much from Palmerstone’s Opium War against China, at the whim of the PM of England 130 years back. Such whimsical intervention was no longer possible. Partition became even less practicable without a fearless and resolute Indian leader. When an overnight change in strategy was required we harboured the same views from November 1984, ie after the death of IG, to October 1987 when war broke out.

Does history run its course as per some destiny or is the path altered by a powerful leader? This has been a dilemma for historians to interpret. Arthur Koestler invokes a picturesque analogy. A small stone is washed away by a river. Not so a boulder, which makes its impact for 200 yards or years. In recent times Napoleon, Bismarck, Lenin, Mao and Deng left their mark in altering world history. Nehru, Margaret Thatcher, Gorbachev and Lee Kwan Yew too made a striking contribution through their force of personality. In that line was Indira Gandhi as well among the great world leaders. The void created by her demise was well assessed by Sri Lanka’s political leadership and the sails were freshly set to gain direction. Distressingly the same did not hold with the Tamils and we floundered, yet fortified in the belief that when we are in a soup, either India or the International Community is obliged to retrieve us.

From late 1984, Tamils were caught up in a drift that lacked purposive direction. Indira’s reputed Advisor G. Parthasarathy was marginalized for no reason by Rajiv Gandhi, and he relinquished his duties. The respected and competent Foreign Secretary A P Venkataeshwaran, fully conversant with the Tamil problem was dropped unceremoniously. His predecessor was one Romesh Bhandari and he enjoyed the confidence only of President Jayawardena. His handiwork was the miserable Thimpu Talks in mid-1985, which took nobody anywhere. The objectives as discerned by Tamils were two. (1) Force march all militant groups to the conference table, thereby asserting India’s supremacy. (2) To cut V. Pirapakaran (VP) to size, proclaim that all the militants stand on an equal footing and to din into VP that he is not primus but all are pares. (No first but all are equals). By Christmas 1976, Tigers had eliminated all other groups and VP proclaimed that he was just primus and there were no pares. This was the only dismal effect of India’s efforts for two years.

By early 1987 VP’s stay in India had become untenable. When he asserted his independence increasingly, relations with his benefactor MGR soured. Can a chick remain till eternity under the wings of the mother? Will not an eaglet fly off from the cliff one day? When the day comes the baby kangaroo  gets out of the pouch. When the hour struck, VP got out of Tamil Nadu and came over to Jaffna. From January to June Jaffna experienced constant warfare, aerial bombing, shelling, power outages and shortages of food. The people had braced themselves to circumstances however trying.

To connect with where I digressed, may I say some movement was observable now. After hectic activity in July 1987, VP was flown to Delhi under duress from Suthumalai Amman Temple premises by helicopter to Chennai and thence by plane to Delhi. Nothing was known as to why. It was only speculated that the trip may have something to do with an Accord. When VP did not return for more than two days there was agitation among the people and more among the cadres.

On his return a mammoth meeting was held at Suthumalai where VP read out a prepared speech. It then transpired that he was not given enough time even to read the contents. Wrath and determination to undo the so called Accord were explicit on his face at the event that was televised. If VP was not considered the leader and spokesman of the Tamils, why was he flown to Delhi in the first instance? If he was so considered, why this cavalier treatment? The implacable discord that came about, his spurning of the Accord, the violent incidents that followed, the outbreak of war with the Indian Army and consequent unfortunate happenings even after its withdrawal have their origin in this highbrow behavior of the Indian establishment in Delhi. India reaped the whirlwind.

Events that flowed subsequent to the Accord, cast unforgiving shadows and confirmed misgivings. Happenings seemed to flow in a well scripted coherent sequence. Very soon on display were India’s sinister intentions. From the rump of anti-Tiger elements resident in India, was cobbled together a rag tag called ‘Tri Star’. It was to serve as a fifth column for the Indian Army. What a way to keep peace and win over the people! Each time small batches landed on the Mannar coast, they were mowed down by the Tigers. News used to seep to the people immediately. In the book by Lt. Gen. SC Sardesh Pande, written with transparent honesty by an officer of character, there is reference to it. He speaks of VP losing credibility about India on this score. A war was coming became clear to the Tigers.

I do not use the acronym IPKF because it is a misnomer. Keeping the peace was not the mission of the Indian army. Peace between Tamil and Tamil? Between Muslim and Tamil? They were not at war. Then what was the justification to heap 60,000 troops or more within the confines of North-East? Why keep in and around the Jaffna fort alone, some 19 tanks? When war broke out on 10th October, did any rumble along to the Sinhala-Tamil border to keep ethnic peace if it was ever feared?

My adoration for all what was good and great about Tamil Nadu and of India, made me purblind to reality. In the early eighties a certain lady from Delhi used to come to SL. In 1984, about 12 of us had a meeting with her in Jaffna. Her patriotism was never in doubt. But she said all the Tamils she met wanted the Indian army to come. She continued, “I don’t know why they are saying that. The Indian army is as brutal as any in the world, if not more brutal”. A senior officer from India who spent nearly a month in November 1987 and who had had discussions with me told me “I am getting back next week and after that I will not return because the Indian army is behaving like an army of occupation.” My experience at close quarters from October 1987 to February 1990, knocked off the scales clouding my vision. Before that I wondered how Bangladesh could turn against India, her deliverer and benefactor. Now I knew why.

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Sri Lanka: Winning The War But Not The Peace

275px-Ishtiaq_Ahmed

Dr Ishtiaq Ahmed

The 30-year-old ethnic conflict in the Sri Lankan state, an essentially Sinhalese majoritarian preserve, and the uncompromising and relentlessly violent Tamil leadership claiming a separate state, Tamil Eelam, on behalf of the Tamil minority of north and east Sri Lanka, culminated with a comprehensive military defeat of the Tamil Tigers at the hands of the Sri Lankan military and paramilitary forces. However, it also turned out to be a terrible example of collective punishment for the Tamil minority. This is the tragedy that the political scientist, former political activist with a strong Marxist-humanist commitment and a Sri Lankan diplomat, who till recently was serving the UN in Geneva and France and UNESCO, analyses with courage and insight.

After the British transferred power in 1948 virtually without a freedom struggle being waged against them, the ruling elite, Sinhalese and Tamil, initially adhered to the pluralist model bequeathed by the British based on liberal constitutionalism. However, that did not last long and Sinhala ethno-nationalists, lay and clerical, began to assert a majoritarian Sinhalese-Buddhist identity and ideology that sought to marginalise the Tamils. The adoption of the Sinhala only bill in 1956 as the sole national language literally rendered the hitherto more advanced Tamil intelligentsia illiterate.

The moderate Tamil leadership failed to dissuade the majoritarian Sinhalese nationalists to accommodate the legitimate interests and concerns of their group. As a result, disappointment, frustration and despondency spread among the Tamils. The leadership then passed into the hands of extremists, and the Tamil Tigers, led by Velupillai Prabhakaran, emerged in 1976 as the most uncompromising and ruthless protagonists of Tamil separatism and secessionism.

Long-War-Cold-Peace

Book Review: Long War, Cold Peace: Conflict and Crisis in Sri Lanka Author: Dayan Jayatilleka Publisher: Vijitha Yapa Publications, Columbo; 2013

Jayatilleka convincingly demonstrates that in the armed conflict that ensued, exclusive ultra-nationalism took up uncompromising positions on both sides. However, whilst the Tigers never relented, the Sri Lankan government on a number of occasions sought a compromise granting autonomy/devolution within a formally unitary state. He especially regards President Ranasinghe Premadasa as the leader who was most forthcoming to accommodate Tamil concerns including those related to the national language. He was pitilessly assassinated by the Tamil Tigers, who rejected all such overtures as their goal was to create a sovereign and independent Tamil Eelam. The Tigers also assassinated Indian Prime Minister Rajiv Gandhi and several Sri Lankan ministers and politicians including Tamils.

The author is at his masterly best when he applies his vast theoretical and conceptual knowledge, including normative political theory, to distinguish a freedom fighter from a terrorist. He defines terrorism as deliberate policy to target innocent civilians. In this regard, the review of Marxist theory and practice associated with Fidel Castro and Che Guevara is especially instructive, because although they resorted to armed struggle they considered it a necessary evil. Prabhakaran made a virtue out of violence and terror and personified that cult.

He reveals the psycho-ideological mindset of Prabhakaran as intrinsically fascistic. We learn that the leader of the Tigers actually hero-worshipped Hitler and kept a copy of Mein Kampf by his side, and like his hero extracted complete submission from his followers to his whim and caprice. Moreover, the Tamil Tigers showed no mercy to dissidents within the party or the opposition within Tamil society, or to innocent Muslims and Sinhalese. Their record of carrying out assassination attempts and suicide bombing predates by many years similar trends in South Asia.

Jayatilleka rejects the right of national self-determination to mean an absolute and automatic right to secede through the use of force and terrorism from an existing state. He asserts that secession from an existing state is not to be confused with liberation from colonial rule. Such an interpretation is an accurate understanding of the norms upheld by international law.

The author then examines the right of the state to wage war against an intransigent terrorist group in the light of classic just war doctrine and concludes that the Sri Lankan state had no other choice but to wage a war against the Tamil Tigers. It did so, but with such overwhelming force and ruthlessness that hapless non-combatant Tamils wholesale became its victims. It shocked the world and the United Nations expressed its concerns in no uncertain terms.

The author warns that a triumphant, vindictive, majoritarian Sinhalese mindset cannot win the peace. It is important to heal wounds and win back an estranged, defeated and humiliated minority. Currently a cold peace prevails that isolates and alienates the Tamil minority. He pleads for a just peace, which guarantees substantial autonomy, economic, political and cultural, equal rights for all citizens, and respect and acceptance of ethnic identity. To the Tamils his recommendation is to abandon secessionism and seek fair and equitable treatment within a pluralist, decentralised but unitary Sri Lanka integrated in a power-sharing framework. He argues that neither neo-liberal capitalism nor neoliberal conservatism can serve as the basis for building peace, which he argues has three important dimensions: the North-South axis; the rich-poor axis; and the country-world axis.

In my book, State, Nation and Ethnicity in Contemporary South Asia, London and New York: Pinter, 1996; 1998, I propounded a theory to analyse within a comparative framework a number of separatist movements in South Asia: Khalistani and Kashmiri in India; Sindhi and Mohajir in Pakistan; Chakma Hill Tribes in Bangladesh; and Tamils in Sri Lanka. I predicted that secession was doomed. The modern state is too well-armed vis-à-vis separatists. Moreover, international law and praxis is biased heavily in favour of the integrity of the state. Only when powerful neighbours or global powers support a challenger to the state can the balance of power possibly be tilted in favour of secessionism (pages 69-76). In the final showdown neither India nor any global power backed the Tamil Tigers: their extermination became inevitable. Seventeen years later Jayatilleka’s authoritative case study on Sri Lanka verifies the soundness and relevance of that theory.

*The reviewer is a PhD (Stockholm University); Professor Emeritus of Political Science, Stockholm University; and Honorary Senior Fellow, Institute of South Asian Studies, National University of Singapore. Latest publications: Pakistan: The Garrison State, Origins, Evolution, Consequences (1947-2011), Karachi: Oxford Unversity Press, 2013; The Punjab Bloodied, Partitioned and Cleansed: Unravelling the 1947 Tragedy through Secret British Reports and First-Person Accounts (Karachi: Oxford University Press, 2012; New Delhi: Rupa Books, 2011). He can be reached at [email protected]

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Sri Lanka And Burma: The Conjunction Of Genocidal Processes And Imperialist Adventures

Athithan Jayapalan

Athithan Jayapalan

Burma is often most renowned for its military Junta, repression of democratic rights and the imprisonment of Aung San Suu Kyi that spanned over two decades. Such it is when in line with Western countries interest and their explicitly displayed values. Unfortunately what is lesser known is the multiple national independence struggles fought by suppressed nations in Burma, and the state sponsored persecution and terrorism against minorities. In 2012, Burma was being praised by the West for freeing opposition leader Aung San Suu Kyi, liberalizing its economy, allowing political parties, extending democratic rights, and for the abolishing of media censorship. In the backwaters of these events, with the West applauding what it considers positive steps taken by the new civilian government under President Thein Sein, a war was unleashed to eradicate the resistance of the Kachin nation in northern Burma (1).  As the West is supplying funds, handing Burma international repute, facilitating it with international space to self-narrate the progress of the country, the Burmese army is unhindered in pursuing its structural approach towards minority nations. After a 17 year truce with the Kachin Independence Organization (KIO), it launched an extensive military offensive on June 2012. This decision coincided with the work on the billion dollar Sino-Burmese hydropower projects in the irrawaddy river in the Kachin homeland. In order to secure these areas for Chinese exploitation, the Burmese military is entrusted to drive out the Kachin people (2) . With both the subtle blessings and sinister involvement of contemporary imperialist powers, the West and China alike, a chauvinistic state is facilitated to carry out genocide. Another process which also began in 2012 summer, was the genocidal ethnic cleansing of the Rohinyga Muslims, in the central west of the country. In matter of few weeks, thousands of Rohinygas were reported butchered by Arakanese mobs, Buddhist monks, state police and federal forces, with tens of thousands being displaced. This brings to mind the parallels between the Burmese state and the Sri Lankan state and their interaction and liaisons with international powers.

Burma is a multi-ethnic country and was united under British colonial rule which placed the diverse region under the fold of a centralized authority in Rangoon. The boundaries set and the establishment of government ignored traditional and national peculiarities. The Burmese government represents the Bamar people alongside a range of other Buddhist people, who speak different but related languages. Thus the national culture is heavily marked by Buddhism and the Bamar. The military dictatorship has also drawn its legitimacy for military government from the rule of kings of the past. This leaves little space for nations with other religious following and another linguistic affiliation to prosper in its own right. The Kachin people speak various Kachinic languages and most follow Christianity, while the Rohiniygas speak Bengali and are Muslims. Both these people are viewed as multi-centric elements within the national space. They oppose and restrict the erection of the dominant Burmese nationality. The Karen took up arms in 1961 establishing the KIO and its military wing the Kachin Independence Army (KIA) to fight the Burmese government battling the state until 1994 when a truce was signed. As in Sri Lanka it was successively imposed discriminatory laws and actions in the post-independence period culminating in the state decision to make Buddhism the state religion which antagonized and marginalized the Kachin. Also as with the Sri Lankan context the Burmese state pursued a malicious counter-insurgency to impose its national unity. Sri Lanka’s war on Tamils starts as an element of the state’s intent to pursue a policy of creating a Sinhala Buddhist nation state. Similarly with Burma it targeted the ethnicities within its borders which were deemed multi-centric, this being foremost the Tamils who have since early independence been increasingly mobilized on lingo-national basis. With successive governments presiding over series of discriminatory laws, violent suppression and anti-Tamil riots , the Tamils took up arms in the 1970’s and the secessionist war broke out.

In the aftermath of 09.11.2001, a new international platform to fight counter-insurgencies emerged. It became rather advantageous for any nation-state to conjoin their counter-insurgencies with other nations on the pretext of fighting terrorism. For Sri Lanka this constituted a structural condition which would facilitate its reliance on international backing and subtle support in pursuit of a military solution to eradicate Tamil secessionism. With the collapse of the ceasefire in 2006, Colombo initiated a heavy offensive in the East of the island, a process which ended in May 2009 with the genocide in Mulluvaykal. International powers were known to have contributed with economical, diplomatical and military support, either directly or indirectly which served Sri Lanka’s ambitions. China poured in 1 billion dollars annually to the Sri Lankan state from 2005 to 2009 (3), while Pakistan upgraded the Sri Lankan air force’s radar and fighter jets. India trained military personnel, and aided the military forces with crucial logistics to weaken the LTTE. During the last war a range of Western countries were in support of dissolving the LTTE militarily in order to set the platform to deal with the national question concerning the Tamils. Later on through UN internal reports published in 2012 it was shown that even the U.N. leadership by grossly downplaying the civilian causalities assisted Sri Lanka in accomplishing what it had intended. What seems initially to be a series of strange events, tends to emerge as a systematic pattern, where it appears that the established international community of nation states apply a structural approach to people struggles. This very approach favours nation states’ military solutions to settle the self-determination struggles of oppressed nations and is pursued under the guise of eradicating terrorism and paving the way for development. Discourse and promises of democracy and peace, added with preliminary actions taken in the name of credence, shadow the brutal reality enacted by chauvinistic states and thereby sets the stage for the subtle support granted by international powers.

Statements expressing forthcoming harmony and the generosity to accede economic concessions by President Rajapakse resulted in the international community abetting the the Sri Lankan government’s genocidal war. It now seems Burma is effecting equally, through its adaptation of the Sri Lankan counter- insurgency model.  The intent is to quash a genocidal war against the KIO and the Kachin people in the North while eradicating the Rohingya through mob and police perpetuated genocide and violence . The international community however is delighted and rather pleased with Burma due to rhetorics of democracy and the economic concessions endorsed under liberalization. A dreadful symphony of imperialist expansionism and genocidal nation state politics is perpetuated under the guise of development and reform. Failing to practice what it preach of equality and democracy, the west perceive it as more fruitful to aid the nation states in completing genocide and eradicating resistance in order to pursue imperialist goals. The West intends to counter China, China intends to counter the West and India, while India intends to counter China and make itself a power in the region. In this matrix the Burmese government maximizes on an abundance of supplies and support to pursue its agenda, an art the Sri Lankan government mastered in the last few years. The much praised Aung San Suu Kyi remains silent on these atrocities and is instead indulgent in praising the military for its historical role in the country’s establishment (4). Meanwhile the Kachen people brace themself for a bitter survival as Burmese troops are moving in towards their heartland with designs of occupying the town of Laiza. The international community and its media seemed to have abandoned the Kachin as was the case with Tamils in 2009, and now another genocide is lurking around the corner.

References:

1)      On the ingorance of the war against the Kachin people by international investors.http://karennews.org/2013/02/burma-investors-beware.html/

2)      http://www.kachinnews.com/index.php/news/1054-irrawaddy-hydropower-project-to-displace-many-kachin-villagers.html

3)      http://www.rigobertotiglao.com/2011/11/03/%E2%80%98if-you-want-peace-prepare-for-war%E2%80%99/

4)      http://www.bbc.co.uk/news/world-asia-21950145

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