{"id":69600,"date":"2013-01-15T09:12:18","date_gmt":"2013-01-15T09:12:18","guid":{"rendered":"http:\/\/www.colombotelegraph.com\/?p=69600"},"modified":"2013-01-17T20:26:02","modified_gmt":"2013-01-17T20:26:02","slug":"resistance-must-not-stop-until-dawn-of-the-spring","status":"publish","type":"post","link":"https:\/\/www.colombotelegraph.com\/index.php\/resistance-must-not-stop-until-dawn-of-the-spring\/","title":{"rendered":"Resistance Must Not Stop Until Dawn Of The Spring"},"content":{"rendered":"

By Jude Fernando<\/a><\/span> –<\/span><\/strong><\/p>\n

\u2018We won\u2019t allow you to let the judiciary go to hell<\/em>. We won\u2019t allow you to do that.\u2019-(Mathiaparanan Abraham Sumanthiran MP)<\/p>\n

No self-respecting person with integrity, or a shred of concern for justice should accept the President<\/a><\/span>\u2019s offer to become the next Chief Justice of the country. Those who support his bid, including, Vasudeva Nanayakkara<\/a><\/span> who told the \u201cjudiciary to go to hell in Parliament on public camera, are guilty of complicity with the government\u2019s bald attack on the independence of the Judiciary and attempt to undermine public confidence in it by twisting truth. \u00a0They join the regime in insulting judges, condone thuggery against peaceful dissent, dishonor the supremacy of the Parliament, and internationally disgrace the democratic institutions of Sri Lanka.<\/p>\n

\"\"<\/a><\/p>\n

If the Bar Association accepts the new Chief Justice, they will undermine not only their own credibility but also that of the whole legal profession. \u00a0Sri Lanka will join the list of regimes who share complete disregard for democracy, civility, and justice, never mind ethics and morality. \u00a0Then the government will succeed in dividing and disrupting the principled collegiality among judges and among lawyers which is imperative for their independent and effective function, thereby opening more opportunities for politicization of the judiciary.<\/p>\n

The efforts of the legal community to resist the impeachment and the appointment of the new chief justice will not bear fruit unless the majority of the Sri Lankan public principled international actors form a mass movement to challenge the undemocratic sources from which the government derives its power.<\/p>\n

The illegality of the impeachment of the current Chief Justice<\/a><\/span> has been much discussed. The Chief justice withdrew from a flawed impeachment process after the government denied her the due process guaranteed by the law. She objected to the attempt to sidestep the Constitution and all international norms pertaining to impeachment procedures.\u00a0 Instead of properly investigating the serious charges against the Chief Justice, the Parliament and the President proved they no longer represent the people, and have refused to listen to their concerns.\u00a0 Its disregard of the warnings of the international community has brought the Sri Lankan Parliament international disrepute.\u00a0 The Chief justice earned the wrath of the government because she displayed much courage to uphold justice in delivering judgments against the government, despite the fact that she was appointed by the President. \u00a0She may be the straw that breaks the camels back!<\/p>\n

The only worthwhile outcome of the impeachment is the revelation that the regime lacks moral credibility and legitimacy to govern the country.\u00a0 The government has usurped the functions of the Judiciary and ignored sober legal judgments. The Parliamentary Select Committee violated all legal norms, as well as, the Constitution. The government has used the strength of state machinery to generate outrageous propaganda in support of its claim of rectitude. \u00a0The government tolerates the use of indecent\u00a0 thuggery against the legally appointed Judges, and a tainted media spreads its lies in an attempt to quell dissent against the impeachment.\u00a0 \u00a0If it is allowed to succeed in its bid for more power by removing the chief justice, the reputation of the judiciary will be destroyed and no one, civilian or politician, will take its judgments seriously.<\/p>\n

The President broke his word and did not appoint an independent committee to investigate the legitimacy of the PSC report. \u00a0President told the Supreme Court Judges that \u201cIt is still not too late for Ms. Bandaranayake to step down as Chief Justice,\u201d said the President when he met with the judges of the Supreme Court. \u201cIf she did that,\u201d he said he would \u201chalt any action to remove her from office.\u201d \u00a0President trumped up claims regarding the Chief Justice\u2019s husband\u2018s alleged involvement in malfeasance NSB share issue that \u201cwe (the government) quietly covered it up, that is how it should be done after all, he is our man (ape miniha).\u201d (Certainly helping ape miniha did not make his wife \u2018our woman\u2019 (ape gani), instead it boomeranged!) The President doesn\u2019t have a clear conscience about the impeachment process, but this gesture can not compensate for his misdeeds!<\/p>\n

The Island<\/em> report, which President Mahinda Rajapaksa \u201cacted swiftly and decisively to prevent\u00a0any member\u201d to ensure two third majoring vote in favor of the impeachment motion, and subsequently, and the Speaker Chamal Rajapaksa<\/a><\/span>\u2019s call for change the constitution to avert another constitutional crisis, provides further credibility to the illegality of the impeachment process and raises serious questions about responsible use of Presidential immunity.<\/p>\n

A day after the President approved the impeachment, Malinda Seneviratne<\/a><\/span> wrote, \u201cPresident Mahinda Rajapaksa promised that the ruling party will show its strength when necessary. The ruling party did so on Friday, passing the impeachment motion against Chief Justice.\u201d<\/p>\n

What are the sources of government\u2019s strength and power?<\/p>\n

The government knows from experience that national and international protests will subside a few days after the impeachment. The international community has been a complete failure when it comes to competent intervention in Sri Lankan affairs. It has limited itself to empty rhetoric, and seems to care only that the Sri Lankan government serve its economic and geopolitical interests.<\/p>\n

Protests in urban areas and complaints shared on social media will not change the government\u2019s voter base. Governmental propaganda was successful because the main opposition UNP led by Ranil Wickremasinghe<\/a><\/span> who has played a dastardly role and the anti-impeachment lobby failed to educate and mobilize the masses. The government\u2019s claim that the Chief Justice caused the Goldon Key crisis was sufficient to persuade the masses. The anti-impeachment lobby\u2019s claim that the impeachment is unconstitutional simply failed to capture the sympathy of the masses. Claims of unconstitutionality, constitutional crisis, and talk of politicizing of the judiciary were not persuasively or powerfully presented and the people were given no explanation of the impact such violations might have on their daily lives.\u00a0 These communication failures supported rather than challenged the government, allowing it to continue to mislead the public at the same time it presented the international community with \u201cevidence of democracy in the country\u201d that it tolerated the dissent of urban activists and social media protesters.<\/p>\n

There is no credible opposition leader in Sri Lanka. Mr. Ranil Wicremasinghe of the UNP is simply not an ineffective opposition leader; he actually serves the government\u2019s interests more than his own party\u2019s. \u00a0Wickremasinghe cannot lead the country on a democratic path \u2014 this should be clear after his loss in more than twenty elections, and yet he refuses to step down. The UNP has promoted JRJ\u2019s undemocratic Constitutions in the past, and one cannot expect Mr. Wickremasinghe to represent change when he does not even support democracy within his own party.<\/p>\n

Ranil Wickremasinge is partly responsible for two myths that prevent the public scrutiny of the Rajapaksa regime. \u00a0The first myth is that there is no other alternative to the UPFA (the alternative includes Mr. Wickremasinghe as well) and the second is that the parliament is supreme.\u00a0 The anti-impeachment lobby has done too little to create an public awareness that the parliament which is subject to checks and balances by the judicial and executive branch is not supreme in law of in fact, in form or in substance. Nor can a parliament of mostly unprofessional, irresponsible and incompetent MPs and leftist geriatrics be supreme!<\/p>\n

The government and its supporters will continue to play on xenophobia to suppress public criticism, and to blame international conspiracies for the country\u2019s internal problems. This is an easy way to sway public sympathies and avoid taking responsibilities for its own positions. This is similar to the divide and rule policies of the colonial governments.\u00a0 Many intellectuals, left-wing political parties, and media personalities back politicians who continue to Thrive on such policies. (Though some are now busy using their mastery of rhetoric to distance themselves from the government after selling their souls to create it)<\/p>\n

The transnational capital, neoliberal institutions, and powerful nations are likely to limit their opposition to impeachment to simple rhetoric because they are pleased with the Rajapaksha regime that has reservations about sacrificing countries\u2019 political and economic sovereignty to capitalist and geopolitical interests.<\/p>\n

A number of (i.e. intellectuals, lawyers, business magnets, NGOs, journalists etc.) from whom the society expects to challenge the status quo are too dependent on the government patronage.\u00a0 The government power also rides on those with a sense of gratitude for defeating the terrorism and government\u2019s lack of enthusiasm in devolution of power to the Tamils.\u00a0 These folks are complacent with government substituting development and securitization for justice for minorities.<\/p>\n

Ethnoreligous nationalism and \u2018freedom\u2019 from terror, when combined with visible signs of \u2018development\u2019 (e.g. infrastructure, tourism, gambling etc), is still too powerful to make government\u2019s impeachment misadventure a sufficient reason to make the regime unpopular among the masses.\u00a0 It may be a luxury for those struggling for survival to think about term economic, political and environmental consequences of development for a multicultural and aid dependent country like Sri Lanka.<\/p>\n

The religious establishments\u2019 due to variety of reasons (e.g. fear, wealth, patronage, power etc) have failed in their duty to be the moral backbone of the society by subjecting the impeachment process to critical scrutiny of their respective religious theologies \u2013 aside from a brief statement by the interreligious organization.\u00a0\u00a0 The uncompromising ideological agendas, activism and the rhetoric of the minority of radicalized religious groups seem to be at ease under the present government to carry out their respective agendas.<\/p>\n

Excessive political and economic power in the hands of the four members of the ruling family completely controls affairs of all branches of governance unprecedented in any time of country\u2019s history or in any decent democracy. \u00a0\u00a0The government has effectively breached the boundaries that exist between different branches of the government. \u00a0Hence the all systems of accountability and transparency have become defunct.<\/p>\n

The impact of the social media, while indispensable to express dissent against the impeachment, is still limited to a minority of computer literates, and has access to computers.\u00a0 The gap between the majority populations\u2019 views about the impeachment and those expressed in social media is wide but may be closed in the days ahead as resistance from the judiciary and civil society builds and people are educated on the subject by the dissenters.<\/p>\n

We must change all this if we want to restore democracy in Sri Lanka.\u00a0 Change means to reclaim our entitlement for democratic institutions, which requires short and long term strategies to challenge the above sources from which the government derives its power.<\/p>\n

In the short term we must continue to reject the new Chief Justice<\/a><\/span>. We must hold to account those who ignored court orders and insulted the judiciary, those who were in contempt of court. The opposition parties should bring a motion of no confidence against the regime for abusing and insulting the supremacy of the Parliament and illegality of the impeachment process.<\/p>\n

Our efforts will bear no fruit unless we can educate the public about the gravity of the predicament that the country faces.\u00a0 We must mobilize them into a mass movement if we want to force the government to change its behavior. \u00a0Strength of such a movement also requires getting principled support from the international community.<\/p>\n

Without a principled social movement there can be no credible opposition: this is our most important challenge. The country should not and need not wait for one political leader to spearhead this movement. \u00a0Nor should the primary objective of the movement be overthrowing the government, but rather, building democratic institutions out of which we could expect responsible political leaders both in the government and in the opposition. \u00a0\u00a0Hope lies instead in professionals, an educated citizenry and grassroots organizations, which can and must form the basis for a mass movement. \u00a0Hope will become a reality only if its aspirants are prepared to endure chaos, uncertainty and sacrifices.<\/p>\n

Related posts;<\/p>\n

Part II- Judiciary At War Against The Constitution<\/a><\/span><\/strong><\/p>\n

Impeachment Of The First Woman CJ And Beginning Of The Spring In Sri Lanka?<\/a><\/strong><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

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