17 November, 2019

Blog

Future Of A Country With Zero Respect For Law Enforcement

By Basil Fernando

Basil Fernando

Basil Fernando

The major problem affecting all Sri Lankans now, and which is likely to affect future generations, is the complete failure of law enforcement and resulting lawlessness. While virtually everyone is aware of this problem, it is not subject to conversation.

For the few who are vocal on matters of public interest, the sole concern seems to be regime change. This is, of course, something any reasonable person would agree with. However, the survival of the regime itself rests on the breakdown of law enforcement in every area of life and on the regime’s capacity to rely on lawlessness in order to guarantee its own survival.

What may be worth reflecting on is the aim achieved by causing the failure of all possible avenues for law enforcement by those who want to prevent any challenge to their power. Generating lawlessness is a political scheme. Like the prevention of the advance of an opposing army by destroying bridges or railway lines, a regime in power can defeat all who wish to oust it from power by ensuring that its opponents have no legal ground to stand on.

Under these circumstances, some may consider that the only option left is to resort to illegality themselves. However, such a strategy can itself play into the hands of a regime that stays in power lawlessly. Such a regime can attack its opponents with ferocity, unrestrained by any legal criteria or limitation. The violence through which the regime achieves its objectives may be horrendous. However, there is nothing that can be achieved by way of retaliation. The lawless regime paralyses all possibilities of investigations and judicial interventions. The more demand there is for investigations and redress, the greater will be the resistance of the lawless regime to such moves.

Lawlessness affects everybody but the people affected most are poor and vulnerable groups. Incomes can be reduced to the point of making survival difficult. Even if real incomes remain the same, lowering of value can be done by various inflationary policies. The poorer the vulnerable groups get, the more that they have to turn to various ‘solutions’, such as borrowing at exorbitant interest. The result is the loss of whatever little property and possessions they have. Through various methods of increasing prices of essential goods, such as milk powder for children or medicine, the poor can be driven to accept the only alternative left, which is death. The more such things happen, the less talk there is about it.

Such things become normal.

And, when the problems are this deep, the kind of political alternatives suggested by the opposition appear more like gimmickry or mockery. People beset with such deep problems find no attraction to such kind of political opposition.

Unfortunately, the result is again in favour of the lawless regime. The people’s lack of faith in the opposition political parties generates the reason for the survival of such a regime. It does not exist on its own merit but due to the weaknesses of those supposed to oust it from power.

Thus, the breakdown of law enforcement and the resulting lawlessness is a vicious chain. It goes on and on. It creates more and more misery, more unimaginable evil. By destroying whatever possibilities exist within the law, it can extend its survival.

This has become the modus operandi of survival of many regimes and such regimes learn from each other. The lawless cooperate with the lawless. That is the kind of challenge people face under the present circumstances.

Print Friendly, PDF & Email

Latest comments

  • 0
    0

    I raise this question several times on this and other forums, not many seemed interested in. I now ask what are the barriers for the rulers to stay total ignorant on this issue. Implementation of law and order should long have been made in order to build the society. Since the war is no longer there, how many of the people were killed or gunned down by them or their men – all because we dont have proper system to screen issues lawfully. If due amds are necessary, the incumbent could long have introduced them to the system. To whom I have been adding this – people are not interested – and the rulers are not interested in rigoours laws in action as it is the case in Singapore, Germany or other richc ountry where more democratic values are the case towards their citizens.

  • 3
    0

    The future is behind us

    Backlash

  • 3
    0

    So much has been written about the lack of Judiciary in the Island nation. In contrast, people are electing them again for racial reasons.

    Insanity: doing the same thing over and over again and expecting different results.

    Albert Einstein

  • 2
    1

    Dear Basil Fernando –

    RE: Future Of A Country With Zero Respect For Law Enforcement

    The Land of the Paras. the Para-sinhala of para-Mahanama…

  • 4
    2

    Mr. Basil Fdo lives in Hong Kong facing China, and he sees no evil in what is hapepning in China just in his doorstep! Not a word against China?
    Basil Fernando hobnobs with Fr. Emmanuel (who was hob-nobbing with Prabhakaran), and currently a king-pin of the post-LTTE terror ring. Mr. basil fernando has no problem with moving with Bryan Seneviratne, a well-known LTTE person named in the list of banned persons. The “law” enforced by Prabhakaran for 30 years as the “sole representative” of the Tamils, killing off all Tamil dissenters has NEVER been condemned by him at the time.

    He sees no evil when thousands of my compatriots were chased out of Jaffna by the LTTE, and when our people were assassinated while praying in a mosque in kattankuddi.

    His “human rights” is like the piety of the Catholic inquisition and the witch-hunters fomented by the “holier-than-thou righteous zeal” typical of medieval minds – one-sided blind application of human rights for vengeance of his enemies, and NOT driven by fair play and justice, or by the christian spirit and forgiving approach of the prince of peace. He now wants the rule of law, but not China, or against Sampanthan, Fr. Emmannuel, and others who collaborated with the LTTE.

    • 1
      0

      Dawood….. Wait a minute… These off shoots of the catholic church are protected by them when they call it a day for the cassoack they wore.

      These are stugers of expansionism of the new world order of the Holy Roman Empire.
      They are given a dead horse to beat for their supper.

      remain in Hong Kong and open his mouth against China, he will have to get ready to meet his creator.

      These are living a cusy life funds arranged from Europe & you know by whom? Your answer is as good as mine.
      Yeah, blinkered in the same manner as the horses in Hong Kong.

      Also…………. we have a typical ANDARE true to his name in these column.

    • 0
      0

      Dawood,

      Sri Lankan citizens need every help from all quarters to get rid of the ruling Rajapaksa Clan. The Clan are there only to loot the country. Carry on Basil.

      By the way are you the brother in law of that braying ass Azwer?

  • 2
    1

    Basil Fernando,

    Dayan Jayatilake who writes propping up the lawless regime might have an answer.

    • 0
      0

      Thiru

      “Dayan Jayatilake who writes propping up the lawless regime might have an answer.”

      Then we will be forced to read all those comments under his typing and attend to each one of them.

      Please don’t encourage him.

  • 3
    1

    Indeed a very clear analysis of Sri Lankan lawlessness today.

    It reminds me of the Greek paradox: If the barber shaves all those who don’t shave themselves, who shaves the barber? Try to figure it out!

    My view is that only an an external shock treatment will work.

  • 1
    0

    Yes, this is desperate.

    The only hope is to resort to the Classic Sri Lankan modus operandi. Because genetically we as a nation are cowards. Remember we asked the Dutch to kick out the Portuguese, and the British to kick out the Dutch; also to kick out Sri Wickrama Rajasingha the Kandyan King who was hardly any more wicked than the Rajapaksa Ruling Clan?

    If it can be clearly demonstrated to the United States government that the masses of Sri Lanka seek its intervention to rid the ruling Clan in exchange for their own, say 20 year rule, I am sure things will start happening.

    Let me start with my vote: YES

  • 1
    0

    Dear all. It is Goata who created this mess: he is perverting course of justice in SL. He has instructed police and judges not take action against BBS: no one else and it would back faire soon .

  • 1
    0

    “Failure of law enforcement and resulting lawlessness” have been endemic since independence.
    This was how the ethnic conflict commenced, when victims of ‘lawlessness’ retaliated.
    Now the judiciary appears to be unable to identify causes of lawlessness – typified by the inability of a Commission to decide the identities of perpetraters of shooting deaths of 27 Welikada prisoners, and of those responsible for on-going deaths of many, arrested by the police.

  • 2
    0

    This writer’s article drying here. Just decided to cut and paste to keep him happy.

    At a time when every 22 munites there is a gang rape & murder taking place in his India and Bijja Francis the Indian is writting to our Upul Malli what he should do.

    Even a Indian female Judge or Amma JJ is not safe.
    What is this Bijja francis’s kapurala saying now??

    Sri Lanka too will go the same way as India. so what? following the big brother.
    Just singing for supper

  • 0
    0

    The apex point of the rule of law is the Constitution. When the Constitution is violated on a daily basis there is no hope for the rule of law to prevail. The President has sworn an Oath of Office to faithfully follow the Constitution. The 13th Amendment is a part of the Constitution. The President cannot get up one morning and say “I know what to give and what not to give” in relation to sections of the Constitution. He has no power or choice in the matter. Deliberately subverting the Constitution is the most traitorous act possible, most of all by people who have taken an OATH to follow and defend the Constitution of the Republic. It is worse than perjury and contempt of court. It is contempt of a whole country and all its citizens. If the President does not like that 13th Amendment he has the 2/3rds majority in Parliament to repeal that Amendment, just as he did repeal the 17th Amendment to suit his ends. Why is he not repealing it? You can’t play hide and seek with a country’s Constitution without killing the rule of law and making the whole country a big joke. No wonder the world does not take Sri Lanka seriously anymore and is treating the country like a third class banana republic.

  • 0
    0

    Future of Tamil Elam far worse!!

  • 0
    0

    Basil,

    Lawlessness favours the lawless. So what is the point you are making. Sri Lanka will be the same, no more no less. Changing of the guard will not bring any respite.

    All are blackguards.

  • 0
    0

    Sadly, what we have seen happen, over time, is the gradual erosion of the rule of law, and make no mistake the process did not start only recently. What the MR administration has done is to accelerate it and even show reckless disregard to the very concept of the rule of law. An early reflection of the decline of the rule of law occurred in 1956 when the ‘ape aanduwa’ mentality made people openly violate the law and get away scot free thanks to a weak and vacillating leader. I remember an early incident when a mob decided to travel in the 2nd class compartments of the trains with 3rd class tickets. The response was, not to deal with the breach of the law, but to abolish the 2nd class on the commuter trains. And MPs who started to interfere with the conduct of the Police and to threaten and intimidate police officers were given free rein. And so on and on have these things continued.

    A slum does not occur overnight. It evolves over a period, starting with first a little bit of dirt, then a little more and then a little more, and one fine day there is a full blown slum and the residents were not even aware of how it grew. In the meantime, having got used to its growth in small doses, they are not even aware that it is an eyesore. SL’s present position is rather like that. A state of lawlessness has grown almost imperceptibly over a period but now it is a full blown ogre we cannot anymore ignore.

    Another important reason for the present situation is the utter failure of those whose responsibility it is to nurture and help maintain the rule of law, to live up to their responsibilities. Our MPs, the law makers, have been among the most conspicuous of the law breakers. They have shown little integrity for how else will the MPs who crossed over to the government side to enable MR to get a 2/3 majority to enact the 18th Amendment have done so? Surely, were they so bereft of intelligence as to not realise the import of their actions?

    And let us also not forget the dubious ‘rulings’ and advice of holders of the high offices of Chief Justice and Attorney General which in no small way has contributed to the present malaise.

    Thank you for highlighting this matter. To make people aware of it and make them think about it may well be the first step towards corrective action.

Leave A Comment

Comments should not exceed 300 words. Embedding external links and writing in capital letters are discouraged. Commenting is automatically shut off on articles after 10 days and approval may take up to 24 hours. Please read our Comments Policy for further details. Your email address will not be published.