From Personal politics to systemic politics

by Jehan Perera

(October 05, Colombo, Sri Lanka Guardian) Within days of returning from the UN, where he had addressed the world on the Sri Lankan model of reconciliation after war, President Mahinda Rajapaksa ratified the jail sentence of 30 months imposed on his defeated opponent at the Presidential Election held this year. This action, which also confirmed rigorous imprisonment with hard labour to General Sarath Fonseka did not conform to the hopes of many if not most Sri Lankans who would have wished leniency to be shown to the country’s if not the world’s best army commander. Certainly the electorate who voted him into Parliament after his defeat at the presidential election and arrest thereafter would be strongly aggrieved. The former General had suffered life threatening injuries on more than one occasion in his forty year career as a soldier.

One of the most famous quotations in world literature, and which has served as a civilising influence upon human conduct, is William Shakespeare’s plea for mercy. He said it ought to be given abundantly and without straining for "it blesses him that gives and him that takes." The poet added that "it is mightiest in the mighty." There is a growing belief in Sri Lanka that President Rajapaksa has become one of the most powerful leaders this country has ever had, and for good reason. But the President’s own words suggest that he does not see himself as that. Although he recently amended the Constitution with ease in order to vest more power in the Presidency, the President explained that with regard to pardoning General Fonseka he had to follow the procedures set out in the Constitution.

President Rajapaksa is acclaimed by supporters and critics alike as a politician who feels the pulse of the people. It may be that once again he feels he has judged rightly in confirming the verdict of the military court that imposed the harsh sentence on the former General. The President expressed concern that a presidential decision not to confirm the verdict might have eroded the credibility of the military court and its version of justice with the general public. The lawyers for General Fonseka have repeatedly criticised the military court for being composed of officer of junior rank to the General, and for other reasons such as having crossed the General’s path when they were subordinate officers.

The irregularities in procurement for which the General was charged are a frequent charge levelled against those in charge of such procurements and is seldom investigated thoroughly. The tragedy is that the fate that has befallen General Fonseka would probably not have been his lot if he had not decided to challenge his former Commander-in-Chief President Mahinda Rajapaksa at the presidential election. This was taken as an act of disloyalty and over-ambition if not betrayal, not only by the President but also perhaps by most of the electorate who did not vote for the former General at the presidential elections.

Young democracy

Although it counts more than sixty years of democratic practice, Sri Lanka is a relatively young democracy. This is so especially compared to the well established democracies of the West, which have more than two hundred years behind them. Traditional practices and values continue in Sri Lanka, and this is manifested in the emphasis placed on personal relationships in Sri Lankan politics. Government leaders routinely appoint their relatives to high posts, and even as their personal secretaries, possibly because they trust them more, and also because they feel obliged to uplift their families when they get the opportunity. This has been the practice for many decades and continues. Indeed, the term "family bandyism" entered the Sri Lankan vocabulary more than four decades ago. Accompanying the notion of family loyalty is the notion of betrayal, which is the line that General Fonseka seems to have crossed in terms of governmental and public perceptions.

The recent political developments in the world’s oldest Parliamentary democracy provide a valuable counterpoint to Sri Lanka. The contest for political leadership between two brothers and the defeat of the older and more experienced one by the younger one would be difficult to stomach in Sri Lanka. However, in the United Kingdom it is the integrity of the democratic process that matters more, and not inter-personal relationships. If one brother had stepped down from the race in favour of the other, he would have been giving priority to family relations over the interests of the party in having the most acceptable leader. The brother who stepped out of the race in favour of the other, might also imagine that he can step in at a later time to succeed his brother.

Even if David Milliband feels betrayed or let down by his younger brother Edward, he gave no sign of it at the Labour Party convention. He also stepped aside from his leadership position as shadow Foreign Secretary within the party to permit his brother to have a free hand as the new leader of the Labour Party. This is a recognition of the role of competition in electoral politics which acts as a check and balance on the monopolisation of power and family bandyism. British society has evolved to this position, which might be alien and uncomfortable in Sri Lanka at its present stage of democratic evolution.

New Paradigm
The inability of the government leadership to reconcile with General Fonseka is also not a promising sign for national reconciliation. This concern was expressed to me at a meeting with religious leaders from the east, one of the areas where the war was fought. They questioned if the government could not reconcile with the General who fought with the government to win the war, how could they reconcile or learn to trust those sections of the Tamil people who once supported the LTTE’s war for a separate state and who are part and parcel of the larger Tamil community. Ironically, it also seemed that the people who were at the receiving end of the war were willing to reconcile with the General who fought a hard war in which many of them perished. They said it was a humanitarian problem.

Where there has been a bitter conflict there are bound to be atrocities and mistrust on all sides. The spirit of magnanimity in which generous concessions are made without demanding an equivalent concession in return can do much to heal wounds and transform the situation. It is unfortunate that government leaders are only prepared to hint that the President might give General Fonseka a pardon if he seeks it. They can hardly expect him to strip himself of his dignity by asking pardon to get out of prison. The last court martial which the President confirmed stripped the General of his ranks, medals and pension.

Fostering inter-ethnic reconciliation after nearly three decades of violence also requires a spirit of magnanimity rather than hard bargaining. This means that the government needs to be prepared to accommodate the long and sustained desire of the ethnic minority population, in particular the Tamils, for the devolution of power to the areas in which they live in concentrations. This requires letting go of past mistrusts and opening up to new methods of living together. However, there is considerable speculation that the next constitutional amendment being envisaged by the government is to further reduce the existing devolution of powers under the 13th Amendment and instead to create a Senate. The passage of the 18th Amendment last month demonstrated that the government prefers to centralise powers in the Presidency rather to share them with others, be they in the Cabinet, Opposition or ethnic minority parties.

The present political circumstances in the country demonstrate the need for a new paradigm of governance that is more appropriate for the plural and diverse society in Sri Lanka. The centralisation and personalisation of power and mistrust in governance that leads to a reliance on military force and coercion needs to yield to decentralisation and trust that is based on a systems approach to democratic governance. Every step of governance in a democratic society needs to be taken considering the long term strengthening or weakening of the democratic system and its checks and balances. President Rajapaksa’s second term which begins in November would be an opportunity for the commencement of this transition.