Our nation has been torn apart by the evils of terrorism and natural disaster. We have all suffered - there is no answer - there is no justification for the pain.__________________
By Dr.T.C.Rajaratnam
(February 03, Colombo, Sri Lanka Guardian) Ceylon obtained independence from the British Rule in 1948 by smooth transition after India gained its independence. We honour our Patriots who contributed towards that endeavour. But the crucial factor is the independence gained by defeating terror by the Rajapakse Regime in the midst of so much interference from Developed countries with vested interests is far greater achievement in the history of this country. This is an event to celebrate.
President Mahinda Rajapakse, Defence Secretary Gotabaya Rajapakse, Snr Advisor to the President and Legislator Basil Rajapakse and the Ports and Aviation Minister Chamal Rajapakse have successfully liberated the country from terrorism. The final touches we are informed are in progress.
Patriotism is the grundnorm of Civilised Society. As citizens we owe allegiance to the Constitution of Sri Lanka and we owe our loyalty and allegiance to the President. We must appreciate the fact that we would be the most blessed Nation for easy development only if we can eradicate all the other Tamil Terror groups who are terrorizing us including me personally in the city of Colombo. The total eradication of Terrorism is possible only if arms are seized from all militant groups who pay lip service to democracy whilst flirting with the major Terrorist Group.
This way, now that the Major Tamil Terrorists Group has been cornered, the Government must liberate its people from the mini Tamil Terrorist Groups who have been terrorizing law abiding citizens whilst flirting with the major Terror Group. All Tamil Militant Groups should surrender their Arms for total liberation of the people. The Tamils amongst others in and around Colombo are not safe with these Tamil Groups armed playing dirty and wearing masks of democracy whilst they are engrossed demon crazy. Every one of them without exception have violated the norms of democracy. Abductions, killings, extortions, harassment, humiliation to Tamils are done by the Tamils. The most despicable Traitors should be stripped of their privileges and tried in the Court of Law. All the Tamil politicians were assassinated by Tamils. It is not an ethic problem but the problem created by unruly men .The major Terrorist Group would not have been able to carry guns and ammunition and bombs pass checkpoints. The policy is “you scratch my back I scratch yours”. The survival of these Tamil Groups was dependant on the survival of the major Terrorist Group. Now in desperation they can become chaotic.
For over a period of three to four months I have been getting nuisance calls threatening calls from one woman harassing me. The Police promptly apprehended her and took her for questioning but an important Tamil Politician got her released within a few hours. Where do we stand as citizens of this country?
Civil allegiance is the duty of loyalty and obedience which a person owes to the State of which he is a citizen. The word ‘allegiance’ is a derivative of liege, free and historically it signifies the service which a free man owed to his liege lord. Every citizen owes the duty of loyalty to the state where he is a Citizen.
The term allegiance is often used by English legal commentators in a broader sense, divided them into natural and local, the latter applying to the deference which even a foreigner must pay to the institutions of the country in which he lives.
The English doctrine which was once adopted in the United States, asserted that allegiance was indelible: “Nemo potest exuere patriam” . Accordingly, as the law stood before 1870, every person who by birth or naturalization satisfied the conditions set forth, though he should be removed in infancy to another country where his family resided, owed an allegiance to the British Crown which he could never resign or lose except by Act of Parliament or by the recognition of the independence or the cession of the portion of British territory in which he resided.
Allegiance is the tie which binds the subject to the Sovereign in return for that protection which the Sovereign affords the subject. It was the mutual bond and obligation between the King or Queen and his or her subjects, whereby subjects are called his liege subjects, because they are bound to obey and serve him..
At Common Law, allegiance is a true and faithful obedience of the subject due to his Sovereign. As the subject owes to his King his true and faithful allegiance and obedience, so the Sovereign is to govern and protect his subjects, regere et protegere subdititos suos, so as between the Sovereign and subject there is : duplex et reciprocum ligamen; quia sicut subditus regi tenetur ad obedientiam, ita rex subdito tenetur ad protectionem:merito igitur ligeantia dicitur a ligando, quia continent in se duplex ligament.
Allegiance is owed both to the Sovereign as a natural person and to the Sovereign in his or her political capacity. Loyalty requires affection also to the office of the Sovereign, attachment to royalty, attachment to the law and to the Constitution of the realm and he who would by force or fraud endeavour to prostrate that law and Constitution, though he may retain his affection for its head, can boast but an imperfect and spurious species of loyalty.
There were four kind of allegiance:
(a) Ligeantia naturalis, absoluta, pura et indefinite and this is originally due by nature and birthright and is called alta ligeantia and those that owe this are called subditus natus
(b) Ligeantia acquisita, not by nature but by acquisition or denization, being called a denizen or rather denizon, because he or she is subditus datus;
(c) Ligentia localis, by operation of law, when a friendly alien enters the country, because so long as he or she is in the country they are within the Sovereign’s protection, therefore they owe the Sovereign a local obedience or allegiance.
(d) A legal obedience, where a particular law requires the taking of an oath of allegiance by subject or alien alike.
As nature and religion teach moral obligations and prescribe to children dutiful conduct towards the parents, so nature and religion imposes on citizens certain obligations towards their country and its rulers. These obligations may be interpreted as patriotism and obedience. Patriotism requires that the citizen would have a reasonable esteem and love for his country. He should have a reasonable esteem and love for his country.
Legal Allegiance is due when a person takes an oath of allegiance required for a particular office in the State.
Article 2 of the Constitution of the Democratic Socialist Republic of Sri Lanka states “The Republic of Sri Lanka is a Unitary State.”
Article 63 of the Constitution of the Democratic Socialist Republic of Sri Lanka states: “Except for the purpose of electing the Speaker, no Member shall sit or vote in Parliament un and subscribed the following oath or made and subscribed the following affirmation , before Parliament:- ‘I ………………………………. do solemnly declare and affirm/ swear that I will uphold and defend the Constitution of the Democratic Socialist Republic of Sri Lanka”’.
Article 81 illustrates in regard to the expulsion of Members and imposition of civic disability. The Sixth amendment to the Constitution (certified on August 8, 1983) the preamble states “Whereas Sri Lanka is a Free , Sovereign , Independent and Unitary State and it is the duty of the State to safeguard the independence, sovereignty, unity and the territorial integrity of Sri Lanka By virtue of the Sixth amendment to the Constitution Article, 157A was added after Article 157 for ‘Prohibition against violation of territorial integrity of Sri Lanka’ , Article 11 was amended as well. The Seventh Schedule by virtue of the Sixth amendment to the Constitution is “ I………………………………..do solemnly declare and affirm / swear that I will uphold and defend the Constitution of the Democratic Socialist Republic of Sri Lanka and that I will not, directly or indirectly, in or outside Sri Lanka, support, espouse, promote, finance, encourage or advocate the establishment of a separate State within the territory of Sri Lanka”.
We have been paying lip service to Peace, whilst the Tamil Political parties have been making fun of the country, its nation and successive Governments. We have to protect our nation. We need our armed forces to be vigilant and eradicate the pillars of Terrorism and the very foundation which supports them.
Every citizen owes his or her allegiance to the Constitution and to the Head of State- the duly elected President of the Democratic Socialist Republic of Sri Lanka. We don’t need people from the ‘international community’ to cast aspersions on our President and our Government. People should be aware of what allegiance is and the concept of Patriotism. This is not only the duty of every citizen but the obligation in the best interests of the Nation.
Our nation has been torn apart by the evils of terrorism and natural disaster. We have all suffered - there is no answer - there is no justification for the pain. Freedom of choice alone does not guarantee justice. Equal rights are not defined only by political values. Social justice is a triad of freedom, an equation of liberty. Justice is political liberty. Justice is economic independence. Justice is social equality.
Due to our internal conflicts which we could have long resolved, external forces with vested interests have all sought to intervene some in the pretext of resolving the conflict but our experience has proved that the gap of resolution of conflict does not seem to be narrower now.
Those who finance terror through some NGO’s, those who launder their money, and those that cover their tracks are every bit as guilty as the fanatic who commits the final act.
We look for diplomacy. But there is no diplomacy with some of those opposed to us. We do not consider them opponents but they oppose every conceivable move we make to develop the country.
Sometimes, there is no compromise with such people, no meeting of minds - no point of understanding - so we would have a just choice -defeat it or be defeated by it.
We learnt that however much we strive for peace; we need a strong defense capability where a peaceful approach fails. Whatever the dangers of the action we take, the dangers of inaction are far greater.
Laws will have to be changed not to deny the basic liberties but to prevent their abuse and protect the most basic liberty of all; freedom from terror. The people are terrorized by certain Tamil s with vested interests in their vile pursuits for power committing crimes and targeting a reflex scenario as if the Government was responsible.
We must always be on guard for those who will exploit and manipulate for their own narrow political ends who will distort the essence of pluralism and tolerance for their own extremist agendas.
People are being tainted by the reckless media. It is a national catastrophe for the nation. We must enact new laws amend the old.
We must work as a community to ensure that everyone not just a privileged few get the collective ability to further the individual's interests.
The governing idea of modern social democracy is community founded on the principles of social justice. That people should rise according to merit not birth; that the test of any decent society is not the contentment of the wealthy and strong, but the commitment to the poor and weak.
But values aren't enough. The mantle of leadership comes at a price; the courage to learn and change; to show how values that stand for all ages can be applied in a way relevant to each age.
We learnt that equality is about equal worth and not equal outcomes.
The standard of living is higher. The expectations of the people are higher. This is a consumer age. People don't take what they are given. They demand more. The rising cost of living is because of Terrorism – not only the amount we spend on the war but the consequences that follow the false allegation by the Terrorists and their henchmen in Parliament who travel on diplomatic Passports, enjoy all the perks of the State, desecrate the sanctity of the House of Parliament and make false allegations to the world at large – these men and women will howl and cry but fear that they may not be elected to Parliament again. They neither love their own people they love themselves.
We are not alone in this. All round the world governments are struggling with the same problems. The program of reform is huge. We must have co-operation, determination and consensus.
We are a community of people, whose self interest and mutual interest at crucial points merge and that it is through a sense of justice that community is born and nurtured. This is the moment to bring the faiths closer together in understanding of our common values and heritage a source of unity and strength.
By the strength of our common endeavour we achieve more together than we can alone. We must reach beyond our fears and our divisions to a new time of great and common purpose. Let us trace the roots of affirmative action. Let us determine what it is and what it isn't. Let us see where it has worked and where it hasn't and ask ourselves what we need to do now.
Private media freedom is running amok. The news that millions of people in this country including foreign correspondents who convey news overseas receive each night is determined by a handful of men responsible only their corporate employers. The State should have control not to permit abuse of the freedom of the Press.
The people love the President. His achievements are remarkable. He has been a stoic in the face of adversity. He has earnestly endeavoured to unify the nation. He is totally committed to serve the people. It is genuine unwavering and it is selfless.
We must not permit a contaminated moral environment. Let us not negotiate out of fear, But let us never fear to negotiate.
As a philosopher once remarked. "The water is clear pure and fresh - it is for all to drink. But some clever people began to bottle the water. Some in beautiful bottles. Some in ugly bottles -with no regard to the water but with great care to its shape."
It is time that affirmative action is taken so as not to eradicate the norms of democracy.
Resolution of conflict has its requirements. Parties to a dispute cannot threaten and violate the rights of innocent people or those who are performing their duties. If the conflict between the organized form of government and a force not popular on the norms of legality, it is then the duty of the Head of State to take such measures to safeguard the nation by whatever means to protect the nation.
There are individuals and groups who may be critical of the President for political gain, but the President has always taken affirmative action within the norms required of the President. No progress can be made unless a common ground is established. To endeavour to establish common ground certain specific responsibilities on the people and political leaders should be imposed. More of our people must set an example. People should be made conscious of their conduct. We must learn to discuss matters with those who are different from us. Not just people who agree with us but with somebody who is different.
Politicians must set an example to those among whom they work. After all, politics is a matter of serving the community which means that is morality in practice. We cannot restore peace unless we can find some way to bring the nation close together. There should be collective responsibility within groups or else the people will be confused.
We must be Patriotic. We must uphold and defend the Constitution and the Head of State-the President. We owe allegiance to the President and the Constitution as Citizens of Sri Lanka. We must uphold the norms of the Constitution apprehend and prosecute those who terrorize us by their actions and threats, then economic prosperity will follow suit. Our destiny lies in our hands.
Congratulations Your Excellency, Mr. President!
(Dr.T.C.Rajaratnam LL.B(SL)., LL.M(Lond)., Ph.D(Lond)., was the Co-ordinating Secretary to the Chief Government Whip of Parliament, Late Jeyaraj Fernandopulle; The Member in charge of the English Media of the Media Observation Unit founded by Late Jeyaraj Fernandopulle for the Presidential Election Campaign of President Mahinda Rajapakse in 2005; Candidate for the Colombo District for SLFP-PA in the 1994 Parliamentary General Elections; Author; Former Lecturer in Laws, Member of the World Lawyers & Poets Society ; International Legal Consultant; CEO of the Chambers of Academic & Professional Studies] E mail: tcrajaratnam@gmail.com- Sri Lanka Guardian
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