{"id":166561,"date":"2016-08-18T02:55:54","date_gmt":"2016-08-17T21:25:54","guid":{"rendered":"https:\/\/www.colombotelegraph.com\/?p=166561"},"modified":"2016-08-25T10:27:36","modified_gmt":"2016-08-25T04:57:36","slug":"the-continuing-political-ills-of-sri-lanka","status":"publish","type":"post","link":"https:\/\/www.colombotelegraph.com\/index.php\/the-continuing-political-ills-of-sri-lanka\/","title":{"rendered":"The Continuing Political Ills Of Sri Lanka\u00a0"},"content":{"rendered":"

By Thambu Kanagasabai<\/span><\/a> –<\/strong><\/p>\n

\"Thambu<\/a>

Thambu Kanagasabai<\/p><\/div>\n

One can hardly deny the fact of various political ills\u00a0plaguing and denting Sri Lanka\u2019s image since 1956. A nation labelled as peaceful and prosperous\u00a0until 1956 shed this image from then on\u00a0to\u00a0become a nation wracked with communalism, hegemony and ethnic strife promoted by power seeking politicians to score election victories with broken promises and a culture of impunity being the order of the day! If Sri Lankan powers that be, particularly the present regime, ideally situated to end the continuing conflict, won’t open its eyes, it’s time the international community recognises the urgency and puts pressure to force Sri Lanka into taking meaningful steps to break the logjam and bring a fair and just settlement.<\/p>\n

[ 1 ]\u00a0COMMUNALISM AND MAJORITY HEGEMONY\u00a0\u2028<\/strong><\/p>\n

The Sinhala\u00a0Only\u00a0Act 1956 \u2013\u00a0it was not just a Sinhala Act\u00a0 but \u2018Only Sinhala Act\u2019\u00a0\u00a0which\u00a0effectively sealed the marginalisation and exclusion of the Tamil Language and by extension, Tamils. This piece of politically motivated and necessitated legislation heralded the polarisation and unbridled growth of\u00a0Sinhalese nationalism\u00a0allowing for the rise\u00a0of\u00a0Tamil nationalism\u00a0and ethnic rift with\u00a0extremists\u00a0taking upper hand and exploiting\u00a0the opportunities whipping up hatred and hostility between the two communities which have been hitherto living happily and socially mixing with no hidden\u00a0feelings of\u00a0fear or suspicion.<\/p>\n

1956 was an important year which also thrust the Buddhist monks into politics and\u00a0opened up a third front in the running of governments. The prescribed role of monks as\u00a0advisors to rulers in times\u00a0of need,\u00a0preachers of\u00a0\u00a0Buddhism\u00a0has now extended to full blown political activities including contesting elections to win seats while indulging in unsavoury political propaganda\u00a0and even in violence\u00a0like other die hard politicians. As a fall out, this act gave way to discrimination of Tamils in employment, appointments to state institutions, including recruitment in the security services.Even in education,\u00a0this discrimination is continuing\u00a0and universities functioning in the North and East which foster and preserve Tamil culture and traditions are now facing a policy of planned increasing of Sinhalese students in the universities in the North and East [Tamils\u00a0traditional and historical homeland] creating tension and clashes as to who should have the right of decision in university functions\u00a0and related matters.<\/p>\n

These ills of marginalization, exclusion and discrimination have taken a heavy toll on the Tamils in all sectors of appointments and employments, like judiciary, security sector, public service,\u00a0state institutions and banks etc.\u00a0There is also no sign of any\u00a0redemption\u00a0or removal of this injustice and it appears almost irretrievable\u00a0and entrenched.<\/p>\n

Another ill is the detestable practices of favouritism, nepotism, and politicisation\u00a0which have been continuing\u00a0with common\u00a0acceptance and even endorsing\u00a0\u00a0it as part and parcel of political lives\u00a0in Sri Lanka. These malpractices always accompany persons holding\u00a0 political power particularly soon after they capture power. Their rule commences with appointments of family members, personal friends, loyalists and political stooges to top positions\u00a0in state Institutions,\u00a0Judiciary. Boards,\u00a0Banks, Ministries and Missions abroad including Cabinet positions. Due to this unhealthy practice, efficiency, eligibility, merits and even seniority are discarded\u00a0while opening the gates for abuse of power and position, bribery and corruption and even disregarding rules of procedure.\u00a0\u00a0A change in Government can only bring an end to this sad state of affairs while allowing a new front for above malpractices to resume. As an example, family members of former President Mahinda are facing investigations for bribery and corruption\u00a0with an uncertain outcome.<\/p>\n

[ 2 ] BREACH OF PROMISES, AGREEMENTS, PACTS AND UNDERSTANDINGS\u00a0\u2028<\/strong><\/p>\n

This is a much ingrained habitual trait consistently and uninhibitedly practised by Sri Lanka\u2019s political leaders since 1957 and this unholy attitude is still continuing with contempt and disregard of healthy democratic political norms. The following are some of the major dishonoured acts of various leaders since 1957 which centered on Tamils\u2019\u00a0problem:<\/p>\n

[a]\u00a0 Bandaranaike \u2013 Chelvanayakam Pact in 1957<\/p>\n

[b]\u00a0 Dudly Senanayake \u2013 Chelvanayakam Agreement in 1965<\/p>\n

[c]\u00a0 Chandrika Kumaratunga\u2019s Peace Proposals in 1995<\/p>\n

[d]\u00a0 Ranil Wickremesinghe \u2013 LTTE\u00a0 Ceasefire Agreement in 2002<\/p>\n

[e]\u00a0 Ranil\u00a0 Wickremesinghe \u2013 LTTE\u00a0 Oslo Accord 2004<\/p>\n

[f]\u00a0 Mahinda Rajapaksa\u2019s\u00a0 13+ plus [Full implementation of the Indo\/Sri Lanka Pact of 1997+ Upper House –\u00a0 in 2009]<\/p>\n

There was also the promise of former President Premadasa in 1990\u00a0 – who promised to give \u201ceverything to Tamils except Tamil Eelam.\u201d<\/p>\n

The recent promises made by Ranil Wickremesinghe and Mithiripala Sirisena\u00a0in relation to release of Tamil political prisoners, release of seized civilian lands, resettlement of the displaced, reduction of army and disengagement of military in civilian matters including\u00a0[businesses, farming in Tamils legal lands,\u00a0running hotels and tourism activities, running primary school for Tamil Children etc.]<\/p>\n

Promise to repeal the draconian Prevention of Terrorism Act\u00a0still remains\u00a0as\u00a0a\u00a0promise and it is anybody\u2019s guess as to\u00a0when\u00a0these promises will be fulfilled\u00a0in future.<\/p>\n

The latest is the Government breaking its own undertaking to the United Nations by refusing any international participation in the internal mechanism to investigate crimes committed during the war.\u00a0This breach casts doubt on the sincerity of the government to honour the other undertakings\u00a0in the UNHRC Resolution 30\/1.<\/p>\n

[3] ABSENCE OF ACCOUNTABILITY,\u00a0JUSTICE AND IMPUNITY\u00a0<\/strong><\/p>\n

Absence of accountability,\u00a0justice and impunity is the disease striking at the roots of the principles of rule of law and independence of judiciary. Accountability for criminal acts of omission and commission\u00a0committed by anyone\u00a0is the cornerstone of justice to punish the criminals and provide the judicial relief and satisfaction to those affected by the crimes. If one is not held accountable for his wrongs, the consequences are inevitably loss of faith in the judicial process\u00a0and\u00a0states law enforcement machinery resulting in encouragement for the criminals, while nursing feelings of anger, desperation and thirst for revenge against the perpetrators.<\/p>\n

Sad to state, in Sri Lanka, accountability is rarely dispensed\u00a0with when offenders are security personnel, state top officials and political stooges particularly when the victims belong to the minority communities. The history of Sri Lanka confirms this malady as only a few have been convicted for\u00a0hoards\u00a0of crimes\u00a0committed against the Tamil civilians since 1958\u00a0and\u00a0during the various pogroms\u00a0[in 1956, 1958. 1977, 1983] and until the end of war in 2009.<\/p>\n

The various commissions appointed to identify the offenders and serve justice to the victims wound up their missions without any follow up or action but only allowing for cover-ups. The failure for accountability along with justice has also given the way for the growth\u00a0and promotion\u00a0of the culture of impunity which is also\u00a0now\u00a0confirmed by the United Nations.<\/p>\n

The United Nations Internal Panel\u2019s Report published in September 2015 confirms this continuing practice in Sri Lanka. \u201cYears\u00a0of denials and cover ups, failure to carry out\u00a0prompt investigations, stalled investigations, failure of\u00a0successive domestic inquiries, systematic weakness in addressing crimes especially when military or security forces are involved.\u201d As Professor Steven Ratner, a member of UNSC Panel stated \u201c there is no environment to address accountability and dispense justice for the crimes committed domestically in Sri Lanka. Absence of political will and institutional disability are the hall marks of Sri Lankan justice dispensation system.\u201d<\/p>\n

The recent acquittal of six soldiers accused of rape and massacre of twenty six [26] Tamil civilians\u00a0including 13 children in 2006 at Kumarapuram, after having cleared of the 101 indictments and despite the evidences of 108 eye witnesses speaks for itself the loss of faith for Tamil victims in the\u00a0Sri Lankan\u00a0\u00a0judicial process.
\nThe Muslims who are\u00a0the\u00a0victims of the recent violence and killings in the Western province are yet to see the faces of those involved\u00a0in the courts charged for those\u00a0crimes. Accountability has thus become a rare commodity with the governments in power which\u00a0also\u00a0openly promise\u00a0and guarantee protection for security personnel with pardon\u00a0and or impunity. The only safeguard to uphold justice through accountability is an independent impartial judiciary. However the independence and impartiality of judiciary in Sri Lanka has been compromised by the Executive Presidents who have been appointing the judges particularly the position of Chief Justice based on political or personal leanings. The Sri Lankan judicial system has thus lost its credibility particularly\u00a0after the introduction of Executive President\u00a0System\u00a0in 1978.\u00a0 This breach of independence\u00a0has given\u00a0way to the culture of impunity keeping accountability at bay.<\/p>\n

United Nations Panel of Experts confirmed this position by stating that \u201cgovernment has to break the\u00a0mold of impunity once and for all. So many years of unbridled human rights violations and institutional impunity must be fundamentally addressed.\u201d\u00a0 Despite this criticism, the present government does not appear to\u00a0be\u00a0moving in the direction of preserving an independent and impartial judiciary. The recent statement of Prime Minister Rt. Hon. Ranil Wickremasinghe in the Parliament on July 07 2016 speaks for itself the volatile position of judiciary due to the veiled threats\u00a0thrown from the ruling government. Rt. Hon. Ranil Wickremasinghe stated \u201cJudicial power of the\u00a0people is not exercised by the Supreme Court but by Parliament through courts and directly by Parliament.\u201d This\u00a0view clearly undermines and strikes at the role of judiciary to a position of subjugation to follow and act in\u00a0accordance with the wishes of Parliament. This statement is asserting a subservient role for the judiciary which is the last resort of public to seek justice for omissions and commissions of government while upholding the rule of law and constitution striking down legislations passed\u00a0in\u00a0violation of the constitution.<\/p>\n

This being the impending\u00a0affairs,\u00a0to expect\u00a0accountability and justice for Tamil victims of massacres, rapes, extra-judicial killings, arbitrary arrests etc. is like chasing a mirage as water in the desert. The international community and United Nations\u00a0are now fully aware of the human rights violations including war crimes and\u00a0crimes\u00a0against humanity\u00a0during the war.\u00a0\u00a0\u2028Thus a\u00a0failure to deliver justice to the Tamils\u00a0by the UN and the international community\u00a0without delay will leave the wounds of Tamils remaining unhealed but only allow festering to seek their own remedies.<\/p>\n

[ 4 ] STATE SUPPORTED, ENCOURAGED, ASSISTED AND ORGANIZED KILLINGS AND VIOLENCE\u00a0<\/strong><\/p>\n

State supported, encouraged, assisted and organized killings is another deadly ill which has been the\u00a0scourge\u00a0and curse of Governments in power since 1956 and a bane of\u00a0a democratic government.\u00a0\u2028The common thread that is running through the violence and killings which commenced in 1958 is the state\u2019s failure to enforce law and order thus directly or indirectly involving in the violence as complicit parties and\/or accomplices:<\/p>\n

[ i ] 1958 violence against the Tamils. It was not quelled at the earliest opportunity.<\/p>\n

[ii\u00a0] 1961 non-violent\u00a0campaign of Tamils brutally suppressed by the state employing the military.<\/p>\n

[iii]\u00a0 1977 communal violence was allowed to continue for some days thus encouraging the perpetrators<\/p>\n

[iv]\u00a0 1983 violence and killings were pre-planned well\u00a0co-ordinated and organized with active support of\u00a0\u2028state and its security forces\u00a0President Jayawardena allowed the killing spree\u00a0and kept mum and later justified\u00a0it by saying\u00a0\u00a0\u201cI am not worried about the opinion of the Jaffna people… now we cannot think of them, not about their lives or their opinion… the more you put pressure in the north, the happier the Sinhala people will be here… Really if I starve the Tamils out, the Sinhala people will be happy.”\u202f\u00a0\u2028-\u00a0President J.R.Jayewardene, Daily Telegraph, July 1983<\/p>\n

[v] 1979-1981 \u2013 JVP uprising by Sinhalese youths was ruthlessly crushed with no concern for the surrendered and captured youths. At that time several dead bodies\u00a0were\u00a0floating in the Kelani\u00a0\u00a0\u2028River,\u00a0suspected to be the members of the JVP.\u00a0\u2028[vi] 2006-2009 \u2013 brutal war with LTTE resulted in the disappearances of about 65,000 and killings of more than 70,000 civilians. The Government conducted the war without witness kicking out UN Officials ,NGOs, Media & Journalists who are overall\u00a0stationed in the war zone. These\u00a0acts of government\u00a0were intended\u00a0to hide the heavy death toll and the usage of banned cluster bombs and chemical\u00a0weapons. This\u00a0clearly\u00a0shows the pre planned\u00a0genocidal\u00a0agenda to wipe out the Tamil population without any concern for the\u00a0death of thousands of civilians. The Government later glorified its victory with state celebrations.<\/p>\n

[vii] Between 2002 to2011 more than 19 journalists who dared to criticise the ruling governments mainly through\u00a0media\u00a0were killed mostly after abducted in white vans by the government\u2019s\u00a0\u00a0\u2028\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 henchmen.\u00a0 So far no justice has been done to the families of victims, not even one convicted.\u00a0\u2028White van abductions are still continuing but on a lesser scale under the present government of\u00a0\u00a0\u2028\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 good governance. Besides 156 massacres of Tamil civilians by security forces were reported between 1983 – 2010.The state\u2019s\u00a0failures\u00a0to hold the scales equally for all citizens has been a feature of Sri Lankan governments. Allowing the perpetrators from the holds of judicial process and accountability is just another continuing malady striking at the roots of rule of law and undermining the role of the judiciary in Sri Lank.a<\/p>\n

[viii]The Supreme Court\u2019s recent ruling on the VAT bill declaring it as null and void\u00a0due to a procedural\u00a0\u2028flaw in the Parliament gives a tiny hope\u00a0on the judiciary\u00a0asserting its authority, but PM Rt. Hon. Ranil\u2019s outburst\u00a0against the Supreme Court\u2019s ruling in this matter smacks of unhealthy contempt while degrading\u00a0the role of judiciary and trying to maintain \u2018Parliaments\u2019 supremacy\u00a0even to pass any laws in\u00a0violation\u00a0of constitutional provisions flouting\u00a0procedural rules, leaving the Supreme Court similar\u00a0to the role of back benchers of a ruling government who sit, watch\u00a0and assent the moves of\u00a0government.<\/p>\n

[5] RIGHTING THE WRONGS<\/strong><\/p>\n

Sri Lanka is duty bound to honour its own commitments and undertakings made in the UNHRC Resolution 30\/1 on October 01, 2015. However still no visible moves have been made by the government\u00a0to implement the proposals. Accountability and justice should stay as the top priority for action by the government. Reconciliation will succeed only when accountability is upheld. Accountability is the medicine to heal the wounds of Tamil victims and reconciliation is\u00a0like\u00a0a plaster, which,\u00a0if used alone\u00a0will\u00a0only\u00a0a cover up\u00a0of the wounds\u00a0without medicine. This\u00a0will only allow\u00a0the wounds to fester and grow sowing the seeds for future conflicts.<\/p>\n

It is surprising to note that the present government of good governance is also following the\u00a0footsteps\u00a0of\u00a0 Former President\u00a0Mahindra\u00a0Rajapaksha\u2019s government and is trying to make the judiciary inter-dependant\u00a0and subservient to the parliament which is only supreme to make or unmake legislations\u00a0complying\u00a0with constitutional provisions\u00a0 The independence and judiciary\u2019s role as the guardian of constitution,\u00a0rule of law and dispensers of justice without fear or favour cannot be allowed to be eroded or interfered with by any government either by direct or indirect veiled threats.<\/p>\n

Another depraving approach by some extremists in the south is to label anyone who speaks out exposing the human rights violations, state crimes and government\u2019s discriminatory policies and actions as a \u2018terrorist\u2019 or a \u2018tiger\u2019\u00a0as happened to Hon. Eric Solheim who was branded as a \u2018white tiger\u2019 and former UN High Commissioner for Human rights Madam Navaneetham Pillai as a \u2018confirmed\u00a0\u2018tiger\u2019 now\u00a0the NPC Chief Minister Justice C. Wigneswaran has joined the group as\u00a0a \u2018terrorist\u2019. His sin is only speaking out loudly for justice and equal rights to Tamils.<\/p>\n

Those who sowed the seeds of communalism and racism right from 1956 and until now hail themselves or are hailed as SAVIORS OF NATION while those who speak out for the victims\u00a0and agitate for the lost rights of Tamils and accountability are branded as racists and communalists.\u00a0\u2028This is not a surprising allegation as\u00a0Nelson Mandela who was branded as a \u2018terrorist\u2019 when he launched the freedom struggle even endorsing violence later\u00a0became a Nobel prize winner and\u00a0finally hailed and\u00a0as the worlds \u2018most outstanding statesman\u2019.<\/p>\n

As long as this mindset\u00a0thrives and survives,\u00a0the opportunities for co-existence will also be lost and wasted. As stated earlier, if the courts choose \u2018political expediency and fortunes\u2019,\u00a0justice for Tamils and not to mention a durable permanent political settlement can only be a distant dream.<\/p>\n

The much misunderstood and maligned system of \u2018Federalism\u2019 has to be explained through media and public discussions to the Sinhalese to dispel their misgivings and imaginary fears. This task has to be\u00a0taken by the government along with opposition and civilian groups provided government is also endorsing the federal system as a once and for all solution to the ethnic problem.\u00a0\u2028\u00a0\u2028Another thorny issue which is preventing the winning of hearts and minds of the Tamils is the continuing overt and covert\u00a0Sinhalisation, Buddhisistion\u00a0 and militarisation in the North and Eastern provinces \u2013 the historical and traditional homeland of the Tamils. This un announced programme is\u00a0\u00a0\u2028unabatedly\u00a0continuing even under the present government without any vociferous protests by Tamil leaders.\u00a0 Unless and until this is brought to a halt,\u00a0mistrust, suspicion and insecurity of the Tamil civilians will continue to grow with potentials for future conflicts.<\/p>\n

The United Nations and International community being fully aware of the issues particularly the sixty years ethnic problem without ignoring the Tamil problems,\u00a0or relying Sri Lanka\u2019s sugar coated\u00a0promises must\u00a0prevail upon Sri Lanka and ensure the implementation of the UNHRC proposals while guaranteeing a permanent political solution.<\/p>\n

The government of Sri Lanka should honour its commitments\u00a0by allowing the participation of international judges in their internal judicial mechanism to restore the stained and battered image of judiciary to allow it to dispense full justice to victims leaving no room for impunity. False sentiments and distorting misconceptions as to international jurists have to be scotched in the bud for the sake of a clean image of the country.<\/p>\n

The Government\u2019s recent legislation to set up an Office of Mission Persons [OMP]\u00a0is a welcome step raising some hopes to ensure accountability and offer justice to the families affected by the disappearances of more than 60,000 during the war. It is hoped that the promised follow-up by establishing a judicial mechanism and Truth Commission will live up to its objectives and functions with transparency\u00a0leaving no room for doubt in their search for the identities of the perpetrators and prove itself as an Office of Justice for the Missing Persons.<\/p>\n

In the face of promises of protection\u00a0from culpability given\u00a0to security forces including former President Mahinda and his loyalists, hopes for accountability and justice appear as elusive as ever.\u00a0\u2028This Office of Missing Persons\u00a0surely satisfy the United Nations and International community for its intent and purposes, but it is hoped that it would not end up as another breach of undertaking by the Government and a letdown for the victims to continue living with grief\u00a0stricken heavy\u00a0hearts\u00a0with denial of justice due to\u00a0the\u00a0absence of criminal liability provisions in the Bill.<\/p>\n

United Nations should\u00a0not hesitate to take proper\u00a0punitive\u00a0actions\u00a0against Sri Lanka\u00a0if Sri Lanka continues to adopt the time buying tactics or shelve the accountability with promises of political settlement in the proposed new constitution when\u00a0already a federal system with a merger of Northern and Eastern provinces called by the Tamils has been flatly\u00a0and repeatedly rejected by the Government.<\/p>\n","protected":false},"excerpt":{"rendered":"

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