By Basil Fernando –
As Sri Lanka is to celebrate its 75th anniversary of Independence on the 4th of February, the general reaction of the people around the country this year is one of despondency with serious criticisms about the failure of governance in the country.
The need for thinking through some of the more difficult problems relating to the rule of law and human rights has been a long felt need of all parties concerned over the situation that has been developing in Sri Lanka which has become more difficult due to the current economic collapse, political crisis, and the serious threat posed to the administration of the justice system in Sri Lanka with the serious undermining of the Policing and criminal justice system, and the ever increasing abuse of the law for the suppression of the freedoms of assembly, association, and expression, particularly through the abuse of arrest and detention, the denial of the right to a fair trial, and in general, the disregard for the due process of the law.
SCFR case decision on the security failures
In a recent judgement, seven Judges of the Supreme Court found that the former President of Sri Lanka (Maithripala Sirisena) and a few former high ranking State officials including the Secretary to the Ministry of Defence (Hemasiri Fernando), the Inspector General of Police (Pujith Jayasundara), the Chief of National Intelligence (Sisira Mendis), and the Head of the State Intelligence Service (Nilantha Jayawardena) have failed in their obligations to guarantee security and protection for the people of Sri Lanka and that this has resulted in one of the most devastating security lapses which killed over 270 persons and injured an even much larger number in several bomb blasts directed particularly to places of worship on Easter Sunday of 2019. Observing this situation, the Supreme Court noted: “We must express our shock and dismay at the deplorable want of oversight and inaction that we have seen in the conduct of affairs pertaining to security, law and order, and Intelligence. There are glaring examples of a lack of strategic coordination, expertise and preparedness that need a critical examination as to the way forward. The failures that eventuated in the Easter Sunday attacks and the concomitant deaths and devastation have left behind an indelible blot on the security apparatus of the country and this country which is blessed by a multi-cultural and multi-religious polity cannot be left to the vagaries of these follies and made to suffer, leading to violence, fear, apprehension and uncertainty. These events must recede into oblivion but they remind us starkly of the necessity to effect legislative, structural and administrative changes.” (SC Fundamental Rights 163/2019).
To fulfil this destiny as envisaged by the Supreme Court in Sri Lanka for legislative, administrative, and structural changes, the Government of Sri Lanka and the people will have to find ways if Sri Lanka is to overcome the serious loss of confidence in the international financial markets where the country has been downgraded as it is in a state of default in the payment of its foreign debts. The crisis of governance and the crisis of the economy are thus bound together.
A historical ruts of the crisis
The popular criticism in the country is that no policies or plans have been presented by the Government or other political stakeholders to resolve multiple questions relating to this situation. The general expectation is that things are likely to get worst rather than to improve in the coming months.
Although the present situation is bewildering, the country’s collapse into this situation has a long history. Although the country became Independent in 1948 from the British rule, this Independence was nominal rather than substantial and real. From the colonial status, the country changed to an Independent status. The administrative and political structures that were created have not developed enough to ensure the protection and welfare of the people within a framework of rational governance. In fact, Sri Lanka has not evolved into a modern State at any time. The structure of governance which prevailed from around the 9th Century Anno Domini to the early part of the 19th Century, before the British took over the control of the country in 1815, was based on the strict segregation of the people on the basis of caste. In the majority Sinhala speaking community, the division was made as a relationship between the Kuleena (meaning those who had power and wealth) and the Kulaheena (meaning those who are powerless and had no dignity). A similar system prevailed under different titles in the Tamil community also. Thus, during this long period of several centuries, there was no idea of people with equal rights and equal opportunities.
Impact of over ten centuries of internal divisions
The two principles that the caste system stood for were: the complete prohibition on social mobility where people were kept prisoners of their own caste groups and any attempt to improve their living conditions was punishable with extremely serious punishments; and the associated second principle was the imposing of unequal and disproportionate punishments. This meant that if those who were considered as belonging to lower castes committed even a simple transgression, that person and even his or her family could be subjected to death along with the destruction of whatever belonged to them. Meanwhile, those who belonged to what was considered high caste could not be punished except even for graver crimes committed against underprivileged groups.
These two principles were the pillars on which the Sri Lankan society was organized during this long period. This long held practice created a habit of mind and social behaviour which in turn created a kind of ‘culture’ that remains even up to date. The introduction of some rationalistic administrative methodologies introduced by the British during their rule superficially made some changes to this situation but was unable to touch the core of the repressive culture which has taken root in the country. In the recent decades, even these limited modernizations introduced by the British have been subjected to great erosion. The return to a more repressive society which attempts to displace democracy, the rule of law and human rights is quite manifest in the present times.
Failure to develop state mechanism
All these factors have contributed to obstruct Sri Lanka’s development of its own State machinery on the basis of the people’s sovereignty although the Constitution itself has recognized that all power in the nation is derived on that principle. Instead of the people’s sovereignty, the absolute power of the chief Executive has been established through the same Constitution, i.e. the Constitution introduced in 1978. This Constitution is a major stumbling block for the creation of a State mechanism based on the principles of democracy, the rule of law, and human rights. A major task facing the Sri Lankan State and the people is to replace this Constitution with a constitution that asserts the sovereignty of people through the creation of State mechanisms functioning under the norms and standards of democracy. The security of the people will depend very much on the manner in which this problem is resolved in a positive manner in the immediate future.
A nation can be built only on the basis of solidarity that exists among the people on the basis of the equality of all the persons living in such a nation. The concept of equality, though recognized formally in the laws, has not been implemented in a manner that could bring about unity in all segments of the society. The poor feel that they are completely alienated within their own society. Even leading politicians themselves recognize that there is a loss of confidence in the Parliament itself due to the chasm between the representatives of the people and the people themselves. However, despite such a recognition, there has been no real attempt to resolve this problem and to restore the confidence in the State.
The result is divisions everywhere on the basis of many factors such as discrimination against the weaker sections of the society of all communities in terms of every aspect of life. The psychology of division exists because of caste based cultural practices which prevent convergence into a single nation. Discrimination against minorities also has the same effect and is a source of constant misunderstandings and conflicts while discrimination against females is also one mode of division in the country. These and other forms of failures to ensure equality among citizens prevent the emergence of consensus on all major issues confronting the country.
The alarming failures of the criminal justice system
One of the most alarming factors at the moment is the most visible weakening of the criminal justice system. There is widespread crimes such as murder, rape, theft and robbery, and above all, the rising of corruption to Himalayan proportions. The criminal investigation capacity and the quality of policing have degenerated to such an extent that even the Inspector General of Police has admitted the serious nature of this problem. Similarly, the prosecutor’s office functioning under the Attorney General’s Department has also been the subject of constant criticism. The Judiciary itself suffers from extremely chronic delays, creating problems for the litigants as well as the witnesses to the cases. Those who complain of being unable to get justice due to multiple causes even go on to say that they have lost confidence in the justice system. As a result of all these, there is a popular feeling of insecurity arising out of non-governance and mis-governance. Among the younger generations, there is large scale migration from Sri Lanka due mainly to severe unemployment.
Under these circumstances it is only natural that there is widespread discontent and protests everywhere. Unfortunately, instead of attempting to openly discuss with the people about their problems, the Government resorts to repression against them. Particularly, the younger generations who have shown a remarkable capacity for peaceful attempts to get attention to these problems, are being treated harshly by using illegal arrests, illegal detention, and harsh attacks on peaceful demonstrators.
In one recent case, even the Magistrate hearing it observed that the Police have misused the Prevention of Terrorism (Temporary Provisions) Act law without any justifiable grounds. Also, the media has come under severe attacks, in particular those who are engaged in social media networks.
An urgent need to act
The Independence Day brings to the mind of everyone that Sri Lanka requires the taking of urgent actions to begin to address these problems. The only manner through which this could be done is to allow the people to participate in bringing about a nationwide discourse on policies and plans to bring about solutions to economic, political, social, and cultural problems that are hindering the progress of the development of the country. It is only the critical mass that would be able to assist the people and the State to make the Independence real and to strengthen the solidarity of the entire nation on the basis of equality, democratic participation, the rule of law, and human rights. The duty of the State is to create the environment for such a critical mass to operate peacefully and constructively at this most crucial hour of the country’s history.
RBH59 / February 4, 2023
A Few Reflections On The Sri Lanka’s Independence Day
President wants to register the name that he was the president during the 75th sri lanka independants day, People will We’ll be remembered more for what the leaders destroyed than what he created,and this parlimentarian voted to cover up there fault,
1. The highlight is that he is the president choosen via pohotuwa .
2 Celebrating the Indipendance day depending or borrowing
History repeats itself, first as tragedy, second as farce.,
We are not makers of history. We are made by history Now dependant for global fund.
Champa / February 4, 2023
Traitors are at work again. A distorted National Anthem in a foreign language has been sung at the fake “Independence” Day which is a gross violation of our Constitution.
There is only one National Anthem for any country. Sri Lanka’s National Anthem is in Sinhala. Disrespecting a country’s National Anthem is a punishable offense.
Sri Lanka’s Constitution does not allow two National Anthems. Any traitor who wants to do that should first obtain the approval from citizens by way of a Referendum!!!
old codger / February 4, 2023
“There is only one National Anthem for any country.:”
All I can say is : Bullshit!
Try Switzerland (4 languages) or Canada (2).
Just an aside; the Indian national anthem is not in Hindi.
Please, please, stop making a fool of yourself in public.
Champa / February 6, 2023
Correct your facts because your reply has no relevance to my comment.
1. Switzerland is not a nation (state). It is a federation consisting of cantons. Swiss law allows each canton to sing the National Anthem in their own languages. That is why Switzerland has four versions of the National Anthem.
2. Canada has two “official” Anthems and two “official” flags. But, Canada’s “National Anthem” is “O’ Canada” which came into effect on July 1, 1980 under Canada’s National Anthem Act, and the national flag is the “Maple Leaf Flag”. The other anthem is “Royal Anthem – God Save the Queen (?)” and the other flag is the “Union Jack Flag”.
3. India’s National Anthem is the Hindi Version of Rabindranath Tagore’s song, which was adopted on January 24, 1950.
Sri Lanka has only one National Anthem which is sung in Sinhala as stipulated in the Constitution. Any changes to the National Anthem requires a ⅔ majority in Parliament and the consent of citizens in a Referendum.
President Ranil Wickremasinghe, who is a lawyer by profession, has no knowledge of even basic Constitutional laws.
Rohan25 / February 4, 2023
Modern Sinhalese is a mixture of three languages. Tamil, Pali and Sanskrit. A strong Tamil or Dravidian foundation on which an Indo-Aryan superstructure has been built( Pali/Prakrit and Sanskrit). Even now with all the deliberate Sanskritizaion of modern Sinhalese, 35% of its vocabulary is purely Tamil derived. Its grammar, syntax, lexicon and alphabet are purely based on Tamil and not on any other language. Of these three languages, only Tamil belongs to the region and the island, the rest to the plains of northern India or in the case of Sanskrit to the steppes of Eurasia. Sinhalese only evolved on the island from the native Tamil/semi-Tamil dialects, with the arrival of Buddhism and the Pali/Prakrit, closely associated with it.
Rohan25 / February 4, 2023
Take all the Tamil or the native semi-Tamil Elu-derived words from modern Sinhalese, there will be no Sinhalese language, just Pali and Sanskrit words and vocabulary. It may now be spoken by the majority and evolved in the South of the island but most of its origin is foreign, which came with an introduced religion and the language associated with this religion( Pali), whereas Tamil was not. It arrived far earlier, during prehistoric times from South India an ancient spillover. You decide which is foreign and which is native. Just because the majority now speak Sinhalese does not mean Sinhalese and it is only spoken on the island does not mean it is only native and Tamil is alien, just because it is also spoken in South India. It has a far older history on the island than Sinhalese and from it, only Sinhalese evolved. This is like some one in Britain now stating Anglo-Saxon or its modern derivative English is truly native but the much ancient Celtic languages like Welsh, Cornish are not.
Sinhala_Man / February 5, 2023
Why not draw upon the insights of:
as embodied in this book that I have heard so much of?
I wish there were a new reprint available at a reasonable price for guys like me to purchase using my now seriously diminished pension.
Sinhala_Man / February 5, 2023
Champa, we want you on our side!
This is the South African National Anthem:
How did they get there?
Panini Edirisinhe (NIC 483111444V)
Sinhala_Man / February 5, 2023
Mr Basil Fernando has been writing constructively for years now; it is up to us to heed the message and act so as to promote trust and friendship amongst the people of our land.
Does that mean that if we all start acting rationally most problems will be solved and that we can start re-building a happy land? I’m unsure in this sense. To me it seems that Ranil Wickremasinghe and a handful of politicians and military personnel are determined that we should NOT be allowed to act constructively. If they can bring themselves to understand that it is in the interest of all to lower tensions, then yes, there is a chance of moving forward peacefully.
If not, as Professor Kumar David says here:
we will have to keep in mind that
“Military dictatorships are the foulest and most abominable of regimes in the world.”