Revisiting Judge Weeramantry’s ‘a call for national reawakening’

By Kalana Senaratne

(August 06, Colombo, Sri Lanka Guardian) It was in 2005 that Judge CG Weeramantry, former Vice-President of the International Court of Justice and one of the most respected international jurists in the world, published a gem of a book titled ‘A Call for National Reawakening’. Revisiting the contents of the book soon after the defeat of the LTTE, I was reminded of the fact that Judge Weeramantry had set out therein the quintessence of what is necessarily a ‘principled solution’ within a single and sovereign Sri Lankan state.

There seem to be, today, a number of reasons why one should visit or even revisit the work of Judge Weeramantry. One of the most significant reasons is that there is much talk concerning the need to devise a ‘home-grown’ solution; a suggestion most emphatically made by none other than President Mahinda Rajapaksa. Yet, there is absolutely no reason why one needs to be too overawed or starry-eyed about ‘home-grown’. What is more important is to ensure that President Rajapaksa’s ‘home-grown’ solution, whatever it may be, is framed around the essentials referred to by Judge Weeramantry’s statesman-like response described below. Importantly, the President needs to bear in mind that there is nothing too unique about ‘home-grown’ if such a solution does not address the basics, the fundamentals, of good governance – as lucidly set out by Judge Weeramantry.

A summary of Judge Weeramantry’s ‘four-fold response’ will precede the brief discussion relating to some of the salient points so relevant to a better understanding of what is needed in terms of a ‘political solution’ to the problems faced by the people of Sri Lanka, today.

The ‘four-fold response’

The crux of Judge Weeramantry’s solution is contained in the final chapter (chapter 5) of the book, titled ‘Ensuring a Single, Sovereign Sri Lankan State’ (which is also titled ‘Ensuring a Unitary State’ in the Table of Contents), in which he sets out his thoughts concerning a solution to a ‘most divisive problem Sri Lankans have faced in recent times… often referred to as the communal problem’ (p. 98)

He refers to a ‘four-fold response founded within four frameworks’, as an answer to the problems of separation and violence which have torn apart the country’s social and political fabric. They are, namely: 1) the moral and religious framework, 2) the framework of peace education and intercultural understanding, 3) the domestic law framework and 4) an international law framework (p. 104).

The focus concerning (1) and (2) above relate to issues such as reconciliation, the avoidance of extremism and intolerance, the fostering of greater social interaction, as well as a more concerted effort at bringing about educational reform with greater focus on peace, cross cultural and social education, insisting, inter alia, that there should be emphasis on the concept of ‘duty’ (which has been unfortunately supplanted today by the concept of ‘right’).

Concerning (3) and (4) above, one of the most striking features of Judge Weeramantry’s proposed solution is his insistence with regard to the preservation of the unitary character of the state. As he puts it: ‘all solutions to the problem need to be on the basis of the sovereign integrity of a single Sri Lankan state’ (p. 102), and he admits that this is perhaps the most important ‘essential’ (amongst the other essentials such as forgiveness and reconciliation, respect for the rule of law, the moral/religious framework, etc.). In this regard, he sets out the all- important characteristics of sovereignty from an international law perspective, in order to ensure that ‘the centre remains sovereign over all aspects that are integral to the sovereignty of the nation’.

Some of the ‘indispensable attributes’ referred to by Judge Weeramantry in this regard are the clear and complete authority of the centre over: foreign relations and foreign policy, the territorial waters and international frontiers, airspace, all matters concerning national security and the armed forces, international treaties, immigration, exchange and currency, customs and import revenues, responsibility for compliance with international standards and procedures, cooperation with international institutions, the judicial structure, and transparency in human rights procedures and practices (pp. 134-42). He also highlights the need to combat corruption, terrorism, drug trafficking, etc. with the assistance of domestic as well as international institutions. All this then supports and complements the strong domestic law framework that Judge Weeramantry emphasizes as being essential; one that strongly focuses on the need to comply with Sri Lanka’s treaty obligations and the protection of human rights.

‘Political Solution’: a process focusing on the fundamentals

I believe that one of the clear messages emanating from Judge Weeramantry’s ‘four-fold response’ is that ‘political solution’ is not one that necessarily comes in the form of a grand constitutional document. For a solution to be sustainable there should be a strong political will and desire to focus, principally, on the fundamentals of good governance; i.e. on notions such as constitutionalism, the rule of law, the protection of human rights including most importantly the promotion of equality and non-discrimination – all of which are captured within Judge Weeramantry’s response. Here, we are reminded of the basics, the fundamentals, which are so often forgotten when one talks of grand political and constitutional theories. And we are also reminded of the need to consider the notion of ‘political solution’ in a very holistic manner, which encompasses the need to address problems of all kinds.

It needs therefore to also address matters such as institutional strengthening and reform, ensuring that meritocracy prevails, avoiding ‘cringing before superiors’ and eschewing political rhetoric, fighting corruption, etc., as highlighted in chapters 2 and 3 of the book. It is therefore a process, the success of which depends largely on the constant, determined and principled commitment of the political leadership of the country, and the people in general. What is needed then, at the outset, is the political will to do what can be done within the current constitutional, legal and political framework.

Nurturing the individual, celebrating pluralism

Another important feature of Judge Weeramantry’s response is that it seems to encapsulate the programme of action that fosters and nurtures a tolerant and pluralist individual (whilst also strengthening the state within which the individual grows-up). Pluralism is fostered, not in any vague or philosophical way, but in a way that each one has the space and freedom to embrace one’s own ethnic/religious or other identity, but whilst recognizing those embraced by others as well. This helps, in large measure, in the shaping of an individual who is better able to tolerate pluralism - but more importantly, one who is also able to celebrate such pluralism, recognizing more fully the multicultural and multiethnic nature of Sri Lankan society. While individual identities are in tact, a unifying Sri Lankan identity which acts as a bridge - that brings together all peoples - thereby emerges, characterized by notions of tolerance and understanding. And Judge Weeramantry sets out the practical and the most important way of going about it; beginning from school, through much needed educational reform.

When that happens, one goes to the root of the matter. The proper psychological temperament that is able to detect intolerance and extremism is best nurtured in the child, the youth; and this could be done, most effectively, in schools and educational institutions. As one who has been involved in a few of Judge Weeramantry’s initiatives in this regard, I felt that this advice echoes the indubitable fact that without inner peace, tranquility and conviction, one cannot grow up to attempt promoting peace and reconciliation that affects others. Today, there is much needed political space created to promote this concept of peace education around the country, through practical means, especially due to the liberation of the North and the East from terrorism.

Strengthening the unitary state

As regards the strengthening of the State, the political leadership of the country needs to take particular note of Judge Weeramantry’s insistence on a formidable domestic and international law framework, important at a time when discussion concerning the ‘unitary state’ seems to have re-emerged amongst politicians.

To ensure control and authority over the subjects and functions listed by Judge Weeramantry would not only help us develop a strong centre, but also help us alleviate unnecessary fear concerning ‘devolution of powers’; i.e. devolution that does not threaten the sovereignty of the state. It is interesting to note in this regard that Judge Weeramantry even states thus: ‘The centre may of course delegate some aspects of the details of national security to various entities, but this needs to be under the complete control of the centre. This requires also the disbanding of all internal armies’. The point here is to ensure that the centre has firm control over national security even if certain powers are devolved. These thoughts should help us approach the issue of ‘devolution’ in a more open manner, based largely on the notion of equality.

In this regard, one would do well to remember that his advocacy of the need to preserve the unitary character of the state stems largely from his strong opposition to secessionism and separatism promoted most forcefully by the LTTE; a message Judge Weeramantry has articulated over the years (for example, in his 21 April 1984 lecture delivered at the Columbia University titled ‘A new human rights dispensation for Sri Lanka: one of the paths to the solution of the communal conflict’).

Most importantly, the thoughts of Judge Weeramantry should make our politicians (even the public) more broad-minded on matters relating to the topic of ‘political solution’ and should help in liberating some of them from the narrow ruts they seem to be trapped in , during one of the most critical periods in the history of this country.

(Kalana Senaratne can be reached at kalanack@gmail.com)

-Sri Lanka Guardian