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The Day When The Rule Of Law System Collapsed

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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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Foreign Affairs

Sri Lanka Govt Shuns Reconciliation With Move To Annul Constitutional Provisions

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Tissa

J.S. Tissainayagam

The government of Sri Lanka is leaving no stone unturned in an attempt to annul provisions of  the country’s constitution that are key to implementing post-war reconciliation. By seeking to rescind the 13th amendment, long held by the international community as the starting point for a political solution for the conflict between Sinhalese and Tamils, the Government has clearly demonstrated its cavalier disregard to UN resolutions and international treaties and therefore is an unreliable international actor.

A spokesperson to India’s Ministry of Foreign Affairs was candid when he said, “[t]he proposed changes raised doubts about the commitments made by the Sri Lankan government to India and the international community, including the United Nations, on a political settlement in Sri Lanka that would go beyond the 13th Amendment.”

The 13th amendment to Sri Lanka’s constitution was introduced as an instrument to share power between the Sinhalese and Tamils through devolution to the country’s provinces. The amendment flowed from the Indo-Lanka Accord, negotiated and signed as a treaty between the governments of India and Sri Lanka in 1987, in a bid to end the armed struggle between rebels supported by India and the Sri Lanka government.

Devolution to share power between Sinhalese and Tamils was to soon encounter snags. The fundamental reason was that Tamils realised that devolution proposed under the 13th amendment would be hobbled by the very thing it was supposed dismantle – power wielded in Sri Lanka’s legislature by Sinhalese members of parliament.

This constraint was due to the unitary character of the Sri Lankan state. This means that the central government, in which the executive presidency and parliament are key institutions, remains constitutionally supreme. Under a unitary system even when power to legislate over subjects of local importance is devolved to subunits such as provinces, parliament can override those powers either by a simple majority or a two-third majority. This contrasts with federal constitutions where powers that the constituting units enjoy are so entrenched that they cannot be tampered with by central governments so simply. Needless to say in the real world constitutions mostly fall in between the unitary-federal continuum.

Despite devolution under the 13th amendment being hobbled by control from the central parliament, most of the Tamil political parties and armed rebel groups accepted the Accord and the brand of power sharing it proposed. Despite backing by Colombo and New Delhi, devolution to the PCs under the 13th amendment, which became law in 1988, was only implemented selectively. For instance, elections to the Northern Provincial Council (NPC) where a majority of Tamils live, was never held. Second, a clause to merge the Eastern PC which has over 60% Tamils and Tamil-speaking Muslims with the NPC to strengthen common demands was temporarily implemented but later struck down by the Supreme Count as unconstitutional.

Following the military defeat of the LTTE in May 2009, devolution of power came back into currency as a practical mechanism of devolving power and thereby promoting reconciliation between the Tamils and Sinhalese. At the same time the international community – especially India and the US – expanded their role in promoting conflict resolution in Sri Lanka.

Citing the provisions of the Accord, the treaty between Sri Lanka and India, New Delhi called for the full implementation of the 13th amendment, which was echoed by the US and other sections of the international community. But buoyed by its military victory and elements of Sinhala nationalist elites, the Sri Lankan government prevaricated. Following three years of intensifying misery for the Tamils due to militarisation, widespread allegations of disappearances, torture and rape, loss of livelihood and parlous conditions of resettled IDPs, the United States moved two resolutions in the UN Human Rights Council. The second resolution, adopted in March this year, “welcomed” provincial elections for the NPC.

Faced with mounting international pressure the government has indicated its intention to hold polls for the NPC this year, although it is yet to be officially announced at the time of writing. However fearing that such elections would strengthen the Tamils in the North the government has on the backs of Sinhala nationalist groups begun to demand dismantling of even the vestiges of devolved governance. It has therefore proposed a 19th amendment to ensure that provincial governance is in name only. The government’s group of Sinhala representatives in Parliament is expected to back this bill and pass it with ease.

The Sri Lankan government’s move to dilute the 13th amendment only reiterates its indifference to reconciliation. It also shows up very clearly the inadequacies in the strategy of the international community. The international community expects Colombo to respect international laws or conventions – such as UN resolutions and treaties – and that meaningful sharing of power will come from within Sri Lanka under the present political structures. But that is not forthcoming. The international community should therefore strengthen the Tamils within and outside Sri Lanka and use other diplomatic tools available to it to resolve the Sri Lankan conflict. A delay will only exacerbate Tamil desperation and see a further erosion of international order.

J. S. Tissainayagam, a former Sri Lankan political prisoner, was a Nieman Fellow in Journalism at Harvard and Reagan-Fascell Fellow at the National Endowment for Democracy in the United States. This article first appeared in Asian Correspondent

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General

Full Text of Human Rights Record of the United States in 2010

Facts and Figures: U.S. human rights situation

BEIJING, April 10 (Xinhua) — China’s Information Office of the State Council, or cabinet, published a report titled “The Human Rights Record of the United States in 2010” here Sunday. Following is the full text:

Human Rights Record of the United States in 2010

The State Department of the United States released its Country Reports on Human Rights Practices for 2010 on April 8, 2011. As in previous years, the reports are full of distortions and accusations of the human rights situation in more than 190 countries and regions including China. However, the United States turned a blind eye to its own terrible human rights situation and seldom mentioned it. The Human Rights Record of the United States in 2010 is prepared to urge the United States to face up to its own human rights issues.

I. On Life, Property and Personal Security

The United States reports the world’s highest incidence of violent crimes, and its people’s lives, properties and personal security are not duly protected.

Every year, one out of every five people is a victim of a crime in the United States. No other nation on earth has a rate that is higher (10 Facts About Crime in the United States that Will Blow Your Mind, Beforitsnews.com). In 2009, an estimated 4.3 million violent crimes, 15.6 million property crimes and 133,000 personal thefts were committed against U.S. residents aged 12 or older, and the violent crime rate was 17.1 victimizations per 1,000 persons, according to a report published by the U.S. Department of Justice on October 13, 2010 (Criminal Victimization 2009, U.S. Department of Justice, http://www.ojp.usdoj.gov). The crime rate surged in many cities in the United States. St. Louis in Missouri reported more than 2,070 violent crimes per 100,000 residents, making it the nation’s most dangerous city (The Associated Press, November 22, 2010). Detroit residents experienced more than 15,000 violent crimes each year, which means the city has 1,600 violent crimes per 100,000 residents. The United States’ four big cities – Philadelphia, Chicago, Los Angeles and New York – reported increases in murders in 2010 from the previous year (USA Today, December 5, 2010). Twenty-five murder cases occurred in Los Angeles County in a week from March 29 to April 4, 2010; and in the first half of 2010, 373 people were killed in murders in Los Angeles County (www.lapdonline.org). As of November 11, New York City saw 464 homicide cases, up 16 percent from the 400 reported at the same time last year (The Washington Post, November 12, 2010).

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