26 September, 2020

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Presidential Poll And Prevailing Situation Of Abysmal Lawlessness: AHRC

The Asian Human Rights Commission has expressed concern over the possible impacts of the current political crisis in Sri Lanka that has emerged following the announcement of the upcoming Presidential elections.

Mahinda HitlerReleasing a statement, the AHRC has pointed out that Sri Lanka has entered the deepest political crisis it has ever faced since the adoption of Executive Presidential system and that as a result of the present political climate, there will never be a return to a confidence in the Executive Presidential system since the system has been exposed as lacking moral and political validity.

The AHRC has expressed concern over the following matters that have emerged and of its impact on the people and on future generations of Sri Lanka:

1)  The stooge system that has been put in place of a credible juridical system, particularly at the top positions

-The organisation has pointed out that Sri Lanka’s courts system has been presently reduced to a level of servility that has not been seen even under some military dictatorships.

2) The government losing its loyalty since the motivating factor for those who serve the government is fear and not loyalty

3) The government remaining unashamed about the prevalent lawlessness in the country

-The AHRC has pointed out that with the legality and illegality losing its significance in Sri Lanka and any kind of arbitrary action has become possible, while legal defense against such actions have become unavailable.

It has furthermore stated that against this backdrop of developments, finding any rationality in the assertions of those who vociferously argue that Sri Lanka cannot do without executive presidency is tough. The AHRC has also urged the masses to rely on their own faculties of reasons and good sense in facing ‘one of the worst times in the history of Sri Lanka’.

We publish below the statement in full;

Presidential Elections and Prevailing Situation of Abysmal Lawlessness

Whatever be the outcome of the presidential election to be held on the 8th of January 2015, Sri Lanka has already entered into the deepest political crisis it has ever faced since the adoption of the Executive Presidential system through the 1978 Constitution. Within the period of a few weeks, all the manifestations of strength and might that the system was able to put up have vanished. In all likelihood, there will never be a return to a confidence in the Executive Presidential system again. The President himself may try to survive politically in some way, but the system he tried to make permanent by adopting the 18th Amendment has been exposed as lacking moral and political validity.

What the Asian Human Rights Commission (AHRC) is concerned about at this juncture is the tremendous adverse effect of trying to keep this system afloat. The AHRC is concerned about the consequences of the current political crisis on the people and on future generations.

In this regard, the following indisputable aspects of erosion into the people’s freedoms need noting:

  • The juridical system, particularly at the very top, has eroded completely and it has lost credibility in the minds of the people. All that is visible is a stooge system. The political master, the President, has unashamedly wanted to dictate his terms on all political matters to the courts and the public understand that the higher courts, on such political matters, have but one option which is to obey. Even under some military dictatorships the courts are not reduced to servility in the manner that the courts in Sri Lanka have been reduced at present. This means that the people perceive the role of the judiciary as a ridiculous one. That, unfortunately, is what the Executive President wants the courts to appear as. Under these circumstances, the courts simply cannot play the role of being the protector of the rights of the people. Instead, the courts are being required to stand up against the rights of the people. This complete transformation of the role of the higher courts has already happened. What it means to each of the individual citizens is therefore a matter that each citizen should fathom for his or herself.
  • The government has lost the loyalty of the people, including its own servants. The motivating factor for those who serve the government is fear and not loyalty. Perhaps the only loyal circle is a small circle, which has proprietary and financial benefits in the abuse of the government’s power and resources. The general loss of loyalty is most manifest in the very fact that the President and the inner circle were unable to have any kind of information about the defection of the General Secretary of the ruling party itself.
  • A further clear manifestation is that the government is unashamed about lawlessness. The Asian Human Rights Commission has noted for years that the issue of legality and illegality has lost significance in Sri Lanka. In a modern society, there can be no worse crisis as a whole, whether political, commercial, or social, than the loss of the meaning of legality. This simply means that any kind of arbitrary action is possible and that there is no legal defence of any sort against such arbitrary actions. This is even worse than situations that exist in monarchies. Even in monarchies the kings were jealous in guarding the enforcement of the law in order to maintain their own power. It is in fascist dictatorships and the kind of dictatorship that existed under Joseph Stalin that the idea of legality was altogether abandoned. Though Sri Lanka may not be a fascist state or a Stalinist regime, the approach to law that has been adopted is manifestly similar. This, as far as the citizens are concerned, is a threat, not only to their civil liberties but also to their property rights and all economic, cultural, and social rights, and other great concerns of modern times, such as the environmental rights. There is no basis on which to pin any expectation on law for the safeguarding of any of these rights.

If a citizen is unable to pin their hope on the law for the safeguarding of their rights, then what will they turn to for protection? The ominous nature of this problem can be seen from what has happened to the system of policing in Sri Lanka and the prosecution system, which is vested with the Attorney General’s Department.  These are two of the most important institutions for law enforcement and they have lost their capacity to act on the basis of any kind of legal criteria. The Executive Presidential system has destroyed the potential of these two institutions to be guardians of the law within accepted norms and standards.

Under these circumstances, it is hard to find any kind of rationality in the assertions of those who vociferously argue that Sri Lanka cannot do without Executive Presidency. Does Sri Lanka need to be lawless?  That is what the type of Executive Presidential system that Sri Lanka has proved to be over several decades. How could any rational person argue that a state of lawlessness will safeguard the best interests of Sri Lankan citizens?

In this situation of chaos and utter confusion, a citizen has nothing to go by except his own faculty of reason and his own good sense. If Sri Lanka is to overcome what has happened and what is continuing to happen, this will depend on the extent to which Sri Lankan citizens are able to rely on their own faculties of reason and good sense and face up to one of the worst times in their history. Whether the prevailing catastrophic situation will worsen or not will have to be decided by the citizens themselves, who will be better or worse depending on their ability to use their own rationality and good judgment.

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Latest comments

  • 3
    1

    The Fuhrer of SL? Bloody joker looks like a bloody fool. But what a fitting image of the Nazi coward who committed suicide along with his comrades. I hope this fellow does the same and do us all a favor by taking his entire family with him to see his maker………..the Satan.

    • 2
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      TO: Tamil from the north

      https://www.youtube.com/watch?feature=player_embedded&v=IKHJG5ztL68

      If you know Sinhala, you can appreciate more..

      • 2
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        @Amarasiri, too bad. I do not speak Sinhala and I wish I did. Anyway I can ask a few friends to listen to this and tell me what the Nazi said. Thanks mate-

        • 1
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          Tamil from the north

          The Sinhala Subtitles are the Modern maRa version of maRa going berserk after losing on January 9, 2015.

          https://www.youtube.com/watch?feature=player_embedded&v=IKHJG5ztL68

          What Hitler said in 1945 in German, and With english Sibtitles is given below.

          https://www.youtube.com/watch?feature=player_embedded&v=IKHJG5ztL68 … … … … …https://www.youtube.com/watch?v=0YTePIi4arg …

          If you have time, or your friends have time, a Tamil Subtitle and English Subtitle should be produced and Widely distributed.

          I Will translate to English, You do for Tamil and distribute..

          Hitler Speaks ” “

          All others are assistants speaking.

          Sir, the current election results are not in favor of us..

          There was no change with the Fraudulent votes..

          Uva, West, North and Eastern Provinces have an unfavorable situation..

          The Hitler Says: “No need to Panic. My Hambantota People would have paid me respect … “

          Sir,.. Hambantota, We have lost Hambantotas as well , Sir.

          The Results just came in..

          Hitler Says: ” Those who are here who have failed the 8th standard, G.C.E. O.L . all get out of here “

          ( The bulk leaves, leaving only 3)

          Hitler: ” Then all of them are fail” ‘” The Supervisor of Airplanes, my Brother in Law also failed GCE OL?”
          “Where, What have I Not done for this Election?”
          “Decreased the price of oil”

          “Pachavahini, TVlies, Ni T N , from morning till night lied”

          ” Because of your advice, also put “Jeyatissa” ( Shills?) people”

          “State buses were used to haul people, and…”

          You could have disclosed those Files..

          Hitler, ” I you your files. Yako, Do you want me to disclose that as well?”

          We don’t know if this was an international conspiracy, Sir.

          Hitler ” what balls, international conspiracy, F***”

          “Mothers clothes”

          ” Spent millions obtained from China. Using the loads that can be used to measure distance was used to put out cutouts”

          ” The war won nu the armed forces was distributed eaten”

          ” The gold obtained from the North was also distributed”

          ” With all that there was no profit even close to the Ass of a hair lice”

          ” Yako, if correct, The racism and religion conflict, I should have got votes from both sides”

          “That 8 moth old child when i carried, the child who could not say mother, cried, Jayaweva, Jayavewa, Victory, Victory”

          ” They gave the child to my hands, and gave the vote to the other side”

          ” To keep you I paid millions of dollars”

          ” That was money I could have use to get my son to do night races, Yako”

          ” That was money my brother earned by getting commissions”

          ” Now I have to take my woman and children and get on the road”

          Don’t Cry Big Lady, at least the Ukkun Baby’s Moon is there

          “For 8 years, ate, ate unfortunate, ..only Wattalappam was left ti be eaten..”

          ” Now everybody gets the noose”

          “Unfortunate, next month, Word Cup Final, got free ticket “

          “Aiyyo Money”

          ” If we became finalists, I invited the Australian Prime Minister ti watch the finals?

  • 2
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    Once a person loses his sense of shame, he will do anything thereafter.

    Our Tsunami Fund Swindler lost his shame once he swindled the funds intended for the victims of a devastating tsunami. How can a person with a heart, do such an ignominious crime, only a living being without the sixth sense would.

    Our people were foolish enough to overlook the first crime against humanity committed by this moron and escalated him to the highest seat of the Nation and now cry fowl. Now do not tell me, he single handedly won the war against terrorists, rather he was dragged to that position by nationalistic forces, ask Champika, he would vouch for what I say. Anybody in that position would have won the war with all the factors falling in place ably assisted by our WAR HERO GENERAL FONSEKA. In my opinion it could have been won, even with a lesser civilian casualty going by the incidents at the last stages of the war, debatable though.

    Now this moron is claiming full ownership of the war victory and wants to rape the country, for which he is seeking an illegal 3rd, possibly a life term.

    If I may go back, it was the first blunder which all the voters did, is the reason for all this calamity. Hope at least now those voted him in, will vote him out and salvage what is left of democracy and rule of law. But will he relinquish power, even if he loses. That would be a million Dollar question.

  • 0
    1

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  • 2
    1

    AHRC

    Descriptions are excellent and concerns are fine. To preempt a certain calamity in January, what steps are contemplated by respected international institutions? No clandestine work is suggested. Only within the norms og legality.

  • 1
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    Now it is My Four with the AHRC joining UNP.JHU and TNA,,,

    Sira must be happy as Larry…

  • 1
    0

    Yes indeed, the AHRC has joined the fray….from the safety of their ivory tower in Hong Kong.

  • 1
    0

    That is a harsh statement indeed Saracen, it is well known that the AHRC risk white van abduction should they set foot in Sri Lanka and even if the present government is defeated one of their directors is on a UNP hit list!

  • 0
    0

    Saracen, stewart, what do expect from the likes of an NGO based in overseas. They have to make the right noises to keep their funders happy. AHRC is no different and in more difficulties because they don’t have the funding of Amnesty and human rights asia and have already lost lot of funding

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