By Tisaranee Gunasekara –

“You are in the end – what you are.” ~ Goethe (Faust)

22 is not perfect. Far from it, perhaps light-years far. Yet, in a season of defeats and setbacks, it is a win for Lankan democracy, and for those Lankans who would be free citizens rather than obedient subjects or terrified children waiting for the next saviour. 

The passing of the 22nd Amendment (officially 21) came hard on the heels of another democratic victory. The Supreme Court effectively killed the deadly Rehabilitation Act. If President Wickremesinghe or the Rajapaksas dreamed of using the Act to punish past dissent and discourage future protests, that dream is now dead.  

The two wins demonstrate that however flawed or even dysfunctional the Lankan political system might be it’s not broken. It can be built on, improved. The better kind of ‘system change’, the sort that harms less, roots deep, lasts long.

By 2014, the Rajapaksas had disembowelled every single democratic institution in the country, from the highest court to the lowliest pradesheeya Sabha. Only periodic elections remained, a heads-we-win-tails-you-lose game the family believed it had mastered. Wrongly. Mahinda Rajapaksa lost the presidency and democracy made a comeback. The Sirisena-Wickremesinghe administration removed the executive’s mailed fist from the collective back of the judiciary and paved the way for more institution-building than any previous administration via the 19^th Amendment and the Right to Information Act. 

Electoral defeat also revealed the ordinary clay in the Rajapaksa makeup, diminishing the shock-and-awe effect created by the war-victory. High King Mahinda and Supreme General Gotabaya were downsized to normal size, for a while. The memory of that reduction had faded by 2018, but not dead. In 2022, as normal life collapsed under the cumulative weight of shortages and queues, that memory would return. Without its liberating effect, the peaceful revolt of the middle class which constituted the first inspiring phase of the Aragalaya couldn’t have happened. 

Thus the importance in the death of the 20^th and the safe birth of 22^nd, especially if ‘system change’ is a real goal and not just a radical-sounding slogan or an excuse to scuttle reforms. The next step is its speedy implementation. What was done to the democratising 17^th Amendment by the PA and the UNP mustn’t become the fate of 22: death by non-implementation. Having taken the sensible step of backing the amendment, the SJB and the JVP should focus on getting the constitutional council and the national procurement commission up and running. That is of far greater democratic consequence than holding local government elections, an exercise which will cost billions and change little. 

The composition of COPE, COPA, and the Peoples’ Council has caused much handwringing and derisive laughter. Deservingly. But almost all the undesirables nominated to those bodies were elected by the people in 2020; more worryingly many would be re-elected thanks to the preferential vote system. A new electoral system is as much of a democratic (and anti-corruption) necessity as abolishing the executive presidency. 

President Wickremesinghe’s decision to set up a committee to map a new electoral system may – or may not – be a ruse to postpone elections. Either way, it opens up a path to a desirable and popular goal. If the proposal is a Wickremesinghe-bluff, the Opposition can surely call it by coming up with reform blueprints which combine the best features of the PR and first-past-the-post system? Pertinently, what is the Opposition’s stand on the Election Commission mandated campaign finance legislation awaiting cabinet nod? Surely enacting that piece of legislation should be as much of an oppositional priority as calling for elections? 

The Quotidian Rot

In the 19^th century, there was an American political organisation called the Know Nothing Party which fared well electorally for a while. A nativist entity (not in the Native American but in the WASP-supremacist sense) it was anti-Black, anti-Catholic, and anti-Semitic. That party is now gone and mostly unremembered, but its spectre survives and thrives across the world. From the US to India, from Italy to Sri Lanka, know-nothing (and learn-nothing) voters and politicians are making choices that invite chaos. 

US humorist Andy Borowitz asked, “What happens when you combine ignorance with performing talent?” and answered, “A president who tells the country to inject bleach” (Profiles in Ignorance: How America’s Politicians Got Dumb and Dumber). Or a president and a political family who take over a functioning economy and run it to the ground. 

Mr. Borowitz divides ignorance into three stages, ridicule, acceptance, celebration. In Sri Lanka, we ridicule ignorance and accept it by voting the ignorant in. When hiring a driver, any sensible person would prioritise driving skills and experience over the width of a smile, the jauntiness of a moustache or the smoothness of a tongue. But the same person may act antithetically when deciding who should be at the national wheel for the next five years. After all, every Rajapaksa fault we decry now was fully or partly in evidence during their previous terms. Accountability is necessary not just for politicians, but also for the people who vote them in and out. If our people fail to understand their culpability for their own plight, how can they be persuaded not to remake the same old mistakes?  

As Liz Truss’ tenure as the UK’s prime minister entered its 6^th chaotic week, Daily Star, a British Tabloid, launched the lettuce challenge. Would the premiership of Ms. Truss last longer than the lifespan of an ordinary iceberg lettuce? The lettuce won. And perhaps saved our former imperial masters from going the Lankan way. Had we stuck to the parliamentary system, we could have got rid of the Rajapaksas without the murder and the mayhem (no, it wasn’t all poetic and peaceful; the lynching of two men is murder and the burning of scores of houses, irrespective of the unsavoury nature of many of their owners, is mayhem). Institutional guardrails matter, especially where Know Nothings hold sway.

The rot is not limited to the government. Sajith Premadasa recently held a cosy powwow with that doyen of ideological racism, Dr. Gunadasa Amarasekara, and his majoritarian-supremacist National Organisations Collective. According to the media unit of the leader of opposition, “Opposition leader elucidated the importance of not making further amendments to the 13^th Amendment,” and, said that “There are no ethnic minorities, there are different ethnic groups, all should get together and rebuild the country.” According to the Sinhala version, the opposition leader, “will not agree to any proposal that will lead to the fragmentation of the country by empowering the 13^th amendment.” No ethnic problem, no need for a political solution: wasn’t that the Rajapaksa mantra too? The 13^th Amendment equates division, wasn’t that the abiding cry of the most virulent of racists? Is this an attempt to shift to a Gotabaya-lite position and win with Sinhala votes only? 

Mahsa Amini, Nika Shakarami, Sarina Esmailzadeh: three names amongst many unnamed victims of a struggle that began with a simple demand, the right to not wear a hijab. 

Lankans probably look with a sense of complacent superiority at the events in Iran. But the rallying slogan of the Iranian schoolgirls, telling clerics to get lost, is valid here as well. After all, we too are plagued with clerics who try to impose their will on secular matters they know nothing about, from economics to sex education, often with distressing success.

Iran’s ongoing uprising, with its stirring cry of Woman, Life, Freedom, began when a young Kurdish woman died in the custody of the Morality Police. We don’t have a morality police, but morality policing is not unknown here, including on matters sartorial. In the aftermath of the Easter Sunday massacre, a coat-and-tie clad top state official tried to make sari-wearing mandatory for female public officials. Banning first year female students from wearing trousers seems to be a fairly standard component of the orgy of cruel and unusual activities that passes off as ragging in Lankan universities. 

The dean of arts faculty of the Peradeniya University is on record saying that students studying in the English medium are banned by the Students Union from using common facilities such as the canteen. Universities in Sri Lanka are not havens of democracy, open mindedness, and intellectual curiosity but deserts of intolerance, tyranny, and backwardness. Ragging is both a symbol of that mindset and its progeny. And all this by student unions and organisations under the control of the JVP and the FSP. The two parties can end this barbarism with one command (inner-party democracy is more alien to them than it is to their bourgeois counterparts). They haven’t, yet. In the universities where the two parties hold sway, even simple acts of dissent like opposing ragging is a punishable crime. The Rajapaksas are not the only problem we have. 

On the need for deals

The petition filed by the Transparency International against the decision makers of the current disaster, starting with Gotabaya, Mahinda, and Basil Rajapaksa, has been granted leave to proceed by the Supreme Court. The case will hopefully cast some much needed light on who ordered, who enabled, and who consented to what in making this avoidable tragedy.

The 2019 November unfunded tax cut was the first outpost on that road to disaster, the error that made every other error necessary. Repairing that mistake is a necessary step in rescuing the economy without imposing even more burdens on the already overburdened poor. Will the Opposition, especially the economically more sensible SJB, propose constructive amendments to tax proposals instead of taking the easy way of damning the whole? One obvious need is to increase the tax-free threshold from the proposed 100,000rupees per month to at least 150,000rupees per month, to cushion the lower middle class and small businesses. Rates for upper brackets can be increased to make good the loss. (The GMOA is threatening strike action, true to form. Since most of that trade union’s members would not have become doctors without our free education system, their opposition to direct taxes is particularly despicable).

What is morally indefensible and politically dangerous is to increase taxes – any taxes – without touching the innumerable privileges enjoyed by the political class. The opposition can make a deal to combine tax increases with the drastic pruning of these giveaways – the pension system, duty free vehicle permit racket, giving official residences to all ministers and an official vehicle to all elected representatives, to mention but a few. Not likely, since the one subject on which the entire political class is agreed (from the UNP to the JVP, from the Rajapaksas to the TNA) is the sacrosanct nature of these unearned and unmerited privileges. 

In her poem Working on the World, A Revised Improved Edition, Polish poet and 1996 Nobel Laureate Wislawa Szymborska, approaches her utopia of a good life and a good death in stages, starting with “fun for fools and tricks for old dogs.” Striving for incremental changes is more effective than dreaming of or chasing utopias. Given where we are, no improvement, however minute, should be scoffed at. Foreign remittances have gone up in August and September. Litro is making profit again and reducing prices. The Welisara Magistrate Court has ruled to provide legal protection to a young lesbian woman from the persecution of her parents (and the Welisara police). Women parliamentarians across the aisle have prepared an amendment defining anyone under 18 as a child. The Orwellian attempt to use the police to gather information on Colombo residents has been abandoned. To a drowning nations, straws can spell survival.

Our descent into economic disaster did not happen overnight. Our emergence from that abyss cannot happen overnight either. A parliamentary election might help that long climb or it might not. How an election impacts on the crisis would depend on the percentage of citizens willing to let facts rather than emotions decide their vote. If even 10% of voters cleave to the Rajapaksas (the real figure is likely to be double) despite their culpability for our common plight, an election is likely to worsen rather than alleviate the crisis.

A fragmented parliament, and the resultant horse trading for power and influence while hunger soars and poverty deepens, can sunder hope in the democratic system. Once popular faith in electoral solutions breaks down, the Sinhala masses are more likely to seek salvation not from the JVP or the FSP, but from the military, and the monks, their brothers in blood and faith.

The saga of 22 shows that Ranil Wickremesinghe is not a Rajapaksa clone. Had the opposition put personal rancour and political needs aside and worked with Mr. Wickremesinghe once he became the president, a better 22 and other reforms could have been possible. Who can doubt that post-election every party currently in opposition will make whatever deals possible to gain a larger share of the power-pie? Better to make some deals now with the Wickremesinghe government, not for the sake of power, but to promote the sort of political and economic reforms that would help Lankan democracy and Lankan people survive the crisis, and perhaps even emerge a little stronger.