Civil and Political Rights of Peoples, Democracy and the UN Covenants: How far are these Applicable to Sri Lanka?

By Dr. Siri Gamage

(February 15, New England, Sri Lanka Guardian) Due to the strange political developments taking place in my mother country, Sri Lanka,recently I do read most newspapers and Internet sites to check on the latest news these days. Political parties seem to run some papers. There are a few nationally recognised newspapers such as the Daily Mirror, The Island, and Daily News. All these papers have their own biases when reporting events and commentary on issues. Nonetheless, at least two of these national newspapers seem to include a diversity of opinions, news, more so than the third one.

When reading the Daily News today, I came across its editorial with the title, 'Defending Democracy' (Daily News: 15.02.2010). I took an interest in reading the whole of it as the topic is a valid one in the context of the emerging political and civil strife in the country -in particular due to the fact most other newspapers have been reporting events that seem to be not peaceful or democratic in nature. The editor of Daily News states, 'This love for democracy is good. In fact, it has been ever present among the people. The question arises when different people mean different things by democracy. Then what some do to save democracy may, in fact, work against democracy or destroy democracy'. In other words, he is alluding to different versions of democracy in theory and practice and the confusions that can arise as a result of this. The editor is critical of the way that opposition parties are trying to defend democracy also.

Referring to Karu Jayasuriya, Deputy leader of the UNP, the editor further states this: 'He(Karu) alleges that the Government is carrying out a witch hunt of Opposition loyalists and attacking and torturing them whereas there is absolute calm and peace throughout the land'. Interestingly, the editor goes on to state, 'For democracy to thrive law and order have to be preserved. General Fonseka was arrested under the Military Act. Hence, the due process of law should be allowed to function. To sabotage it would mean undermining democracy and enshrining mob rule'. Since the reports coming out via sources other than Daily News indicate stories about law and order violations, non peaceful and non-democratic acts etc. especially during the post-Presidential election period and protests by pro-Fonseka camp which includes several recognised political parties in the country, I started to reflect further on what the people in a given country can do if there are confusing and conflicting meanings of democracy? What rights do people who are detained have under national and international norms? Then I realised that the states or the peoples within states in fact look toward the United Nations for guidance as it has developed a series of international covenants and declarations as normative guides for states to follow. Among these two documents are of particular relevance to the current context in Sri Lanka: (1) Universal declaration of Human Rights (UDHRs), and (2) International Covenant on Civil and Political Rights (ICCPRs). Both these documents can be downloaded from the Internet. I believe that all states are bound by the UDHRs when becoming a member of the UN. It was developed at the time of forming the United Nations. I believe Sri Lanka is a signatory to ICCPR also?

The ICCPR is an interesting document for different reasons. It provides a framework and normative guide for the states and peoples in regard to the civil and political rights that people within states should have. If there is any confusion about civil and political rights of people within democratic or non-democratic societies, one could easily look at this covenant to identify some guidelines without much confusion. Furthermore, the article 4 clarifies what the states can and should do 'in times of public emergency which threatens the life of the nation'.

Article 6 talks about the inherent right to life that every human being is entitled to. This right has to be protected by law. 'No one shall be arbitrarily deprived of his life'. Article 7 states that 'No one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment'. Article 9 says, 'Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. Article 9(2) states, Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him'. Various other articles in the ICCPRs describe other rights such as the right to liberty of movement; equality before the courts and tribunals; freedom of thought, conscience and religion; freedom of expression; freedom of association and so on. Law abiding nations around the world take these documents developed by the UN seriously. Even though one may argue that what is paramount is the national laws in a given country, as we now live in a globalised world and global governance is becoming part of civil and political life of nations, one cannot and should not disregard stipulations contained in covenants like the ICCPRs when dealing with human beings within their borders or outside. The UN has developed many other documents after spending enormous time, resources and energies collectively. The covenant on indigenous peoples is an important one as are others like the rights of the child, women etc.

The newspaper and electronic media reports about the developing situation in Sri Lanka highlight a picture quite different from the one depicted in the Daily News editorial? The call by Mahanayakas for a meeting of Maha Sangha on the 18th also includes references to good governance and democracy. Even if we assume that the version of democracy used by opposition parties and their acts to defend democracy are not the right ones (and the version and practices used by the government are the right ones), my question is why can't there be space for two or more versions in a country like Sri Lanka, if there is peace in the country as the editor claims? Sri Lanka was known for peaceful dialogue, critical examination and discussion of issues before the war escalated last year. It has had a strong academic and journalistic tradition in the past. Ability for people, including those in the opposition political parties, to hold different opinions, associate with other people freely, express opinions etc. are fundamental civil and political rights as enshrined in the ICCPR and other UN documents (and most probably in the constitution of Sri Lanka as well). Even the ex-military officers should have these rights. To my knowledge, there is nothing in the national or international norms and laws to indicate that ex-military personnel cannot enjoy their 'civil and political rights' because of their previous professional status in the military.

The Daily News editor makes another very interesting statement: 'It is the class interests of the pro-imperialist conservative bourgeoisie and their NGO fellow-travellers that lie behind the slogan of defending democracy and restoring good governance' (Daily News: 15.02.2010). Unravelling what this means is no easy task! Defending democracy should be everyone's responsibility. The UN is a lead player in this regard also. Protecting civil and political rights of people within a state is the responsibility of the government of the day. If threats to these are emanating from the government itself, then the courts have a special role to play as much as civic leaders who are not associated with politics. Any lapses can only draw the attention of international players who abide by the international norms when dealing with their own citizens.

I encourage the readers to access the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights in order to empower oneself with the norms applicable to democratic nations and states that are members of the UN. I hope the current impass between the governing party and the opposition parties will be resolved amicably before it becomes an internationalised issue and the government re- focus on real issues such as the elimination of poverty, economic development, better education, and good governance in the country.

(Dr. Siri Gamage, Senior Lecturer at School of Education, Education Context Teaching & Research Group, Course Coordinator - Graduate Diploma in Education, and Master of Teaching Programs Coordinator -Master of Education/M.Education (Hons) (International Schooling, Education & Development) University of New England)