By Mass L. Usuf –

Mass Usuf

“So let us begin anew–remembering on both sides that civility is not a sign of weakness, and sincerity is always subject to proof. Let us never negotiate out of fear. But let us never fear to negotiate.” ~ John F. Kennedy, Inaugural speech, 1961.

Here is a challenge to the NPP government which promised to eradicate racism and champion the cause of forging one united Sri Lankan citizenry.  An extension of this promise is to guide society towards reconciliation, mutual tolerance and coexistence. ‘Cleaning Sri Lanka’ with the promise of no discrimination, no injustice and replacing them with equity in action.  All of which are excellent and highly commendable promises.  Indeed, all citizens irrespective of any differences must commit themselves to stand by the government in this regard.

It is said that sincere people keep their word. Therefore, people who are sincere do not make promises that they do not intend to keep.  Now it is time for President Dissanayake and the NPP government to make good the promises.

The case in point is the Mahara Prison Mosque. This is a mosque which has been standing there for more than 120 years.  As per documentations in the National Archives details of the allocation of a plot of land by the British Colonial Government for a mosque and burial ground for the Malay families within the Mahara Prison precincts goes as far back as 1903. (Department of National Archives, Ceylon Administration Report 1902-1903).  Why to Malay families is another interesting story narrated below?

After the Muslim Mosques and Charitable Trusts Act (Wakfs Act) was passed by Parliament in 1956, the Mahara mosque was registered with the Department of Muslim Religious and Cultural Affairs as a place of worship in March 1967.  This registration further legalised the continuation of the mosque.  In fact, the registration was done with the permission by the then Commissioner of Prisons Mr. F.D.L. Ratnayake. As a functioning mosque maintenance, renovation and extension to the premises had been done on an as and when basis.  Way back in 1950, the mosque was renovated by the Government Building Contractor and there is a plaque until today in appreciation of their services.

In Law And, In Fact

It is noteworthy to state that this mosque has been functioning peacefully as a place of Muslim religious worship and burial for more than a century without any incidents. The mosque had been in use by the Muslims in the area and by the Muslim prisoners. This is adequate evidence, without a shred of doubt, both in law and, in fact to establish that the Mahara Prison Mosque is an entity belonging to the Muslim community.

With regard to the anecdotal question, why only to the Malay families? The Ceylon Administration Report written just after the Mahara Prison outbreak in 1902 which recorded the highest number of escapees of 81 prisoners, states:

“Owing to the dissatisfaction of Government with the conduct of the Sinhalese Officers on the occasion of the outbreak in June, 1902, it was resolved to recruit a body of Malays to officer this jail – the Mahara Malay Guard.  Although it will be seen from the above list that up to the present time, we have never been able to recruit the full strength of Malays, we have now the best body of men …… In these efforts my Assistant Mr. Oldham has taken a leading part. Through his exertions a club with a recreation room, ….. a school for the children has been founded and a plot of land for a mosque and burial ground has been obtained from the Government.” (Department of National Archives, Ceylon Administration Report 1902-1903).

Civilised and Uncivilised Conduct

In the aftermath of the Easter Sunday attack of April 2019 access to the mosque was denied by the security apparatus citing security reasons.  In the early stages of the Easter Sunday attack – and, as is now proven, the wholly farcical investigation by the then government – took a very harsh racial overtone reflecting anti-Muslim and Islamophobic underpinnings. The Muslim community for no fault of theirs were collectively faulted unjustly and they endured much discrimination, harassment and bigotry. The prevailing hostile condition created a fertile ground for the blatant usurpation of the mosque property and the placing of statues of Buddha inside the mosque premises.  A condemnably opportunistic move, continuing the gross infringement of the fundamental rights of a people by depriving them of the right to worship in their ancestral mosque. This is an outrageous act of sacrilege.

Certain basic principles of modern civilised behaviour recognises that every individual has his own space for himself example: in a lift or a public transport.  Similarly, every community, too, owns a space for itself within the context of a socio-cultural-religious context.  This space is something that is recognised by civil conduct and as a result gains respect.  In situations where the recognition and respect to the space of an individual or a community is unjustly and unreasonably denied, this gives way to the rising of problems within the social fabric.

Prove your Sincerity

This is a call from the Sri Lankan Muslim community to President Anura Kumara Dissanayake and the NPP government.  It is reiterated here, “people who are sincere do not make promises that they do not intend to keep”.

A golden opportunity has presented itself to disprove the critics of the President and the government – by showing that the promises you and your government make:

* are not just empty words but ones you intend to follow up;

* are not mere rhetoric, but carry meaningful depth in it;

* are not tools of manipulation but rooted in sincerity;

* are not promises for dishonest persuasion but are made with the genuine desire of good for the people.

Thankfully, at present, there is no security threat to the country and no serious national security issues. Thus, in the spirit of the promise of ONE SRI LANKAN citizenry where you claim no discrimination, no injustice but equity and fairness only; Please restore the status quo ante of the Mahara Prison Mosque before the upcoming local government elections. This is a test case for the government to prove itself as a sincere and principled Actor.

*Mass L. Usuf, LL.B (Hons) U.K., Attorney at Law (Ex-Advisor to former Presidential Private Department of UAE).