Out of this today, tomorrow must necessarily grow

| by Shanie

"The war has accentuated the many contradictions existing in India – political, economic, and social. Politically, there is a great deal of talk of Indian freedom and independence, and yet her people have probably at no time in their long history been subjected to such authoritarian rule and intensive widespread repression as exist today, and out of this today tomorrow will necessarily grow…

There is a great deal of pessimism in India today and a sense of frustration, and both can be understood, for events have dealt harshly with our people and the future is not promising. But there is also below the surface a stirring and a pushing, signs if new life and vitality, and unknown forces are at work. Leaders function at the top but they are driven in particular directions by the anonymous and unthinking will of an awakening people, who seem to be outgrowing their past." - Jawaharlal Nehru, In The Discovery of India (1946)

( October 21, 2012, Colombo, Sri Lanka Guardian ) Nehru wrote these lines in the last years of India’s freedom struggle against British colonial rule. But they seem equally relevant to Sri Lanka in today’s context. The 1978 Constitution gave the Executive Presidency wide powers paving the way for authoritarian rule. The Eighteenth Amendment, supported by an unthinking Parliament, by legislators who valued personal power and privileges more than the future of the country, dismantled whatever was left of our democratic institutions and cemented authoritarian rule. The Executive, along with his siblings, exercises pervasive control over all public institutions. The university academics and the judiciary have shown some defiance as recent events have shown. The Executive will now devise ways and means of breaking that defiance and bringing both bodies to heel. Over the last three months, the academics have displayed a spirit of independence and unwillingness to compromise on their principled stand for the allocation of adequate resources for education, for academic freedom, for the implementation of promised revision of salary structures and against the increasing militarization of the educational institutions. Over the last couple of months, the higher Judiciary has also stood up against threats to judicial independence. But defiance by these two institutions cannot continue unless there is also public vigilance against continued assaults on democracy and human rights. It is out of these assaults today that a democratic tomorrow must necessarily arise.

It is to strengthen this vigilance against assaults on freedom and liberal democracy that the Ven. Maduluwawe Sobitha Nayake Thera launched his movement last Thursday primarily to abolish the Executive Presidency. He has rightly identified the Executive Presidency and the Eighteenth Amendment as the primary source for tyrannical rule. The lame ducks of the parliamentary opposition and of the smaller parties in the governing coalition have shown little inclination either to give leadership or to support the struggle against tyranny and the violation of human rights and democratic norms. The Ven Sobitha’s initiative is therefore to be welcomed.

FUTA’s historic achievement

The FUTA’s long trade union struggle brought it support from various trade unions, political parties, civil society groups and ordinary citizens from throughout the country. They came forward to support it because they recognized that the FUTA struggle was based on certain fundamental educational principles and was transparent and open. It was heartening to see academics from the North and South, from East and West in the leadership of the struggle. FUTA has put together what the government has been undoing over the past three years in terms of reconciliation and unity of our people. FUTA’s trade union action has now been suspended due to settlement brokered by Minister Basil Rajapaksa. This columnist has not the slightest doubt if the crisis in our universities is not to re-appear, two persons – the Minister of Higher Education and the Chairman of the University Grants Commission – must quietly give way. They can move to areas where their talents can be appropriately used. But they must be replaced by men or women with a sturdy independence and who have an understanding and respect for the needs of higher education and academic freedoms.

Ven. Maduluwawe Sobitha’s movement must take a leaf out of the FUTA trade union action. A principled stand on the basic minimum issues coupled with transparency and openness will bring it wide public support. Like the FUTA leadership, they must be willing to take and respond to abuse and vilification in a dignified manner. They must be accommodative and inclusive with a willingness to work with and listen to all who share their ideals. The prelate’s movement is not, or not as yet, a political force. One therefore finds it difficult to understand the thinking of the UNP’s Working Committee in prohibiting the membership of the party from participating in Thursday’s rally. It will be in the interests of the party to go along with the movement while it is still only a political and social reform movement. By refusing to co-operate with movements like this which are committed to principles with which most people agree, the party and its leadership might suffer ignominy by the time the next presidential election comes around.

The Ven Sobitha’s Movement

The Ven Sobitha’s movement revolves around the abolition of the Executive Presidency. For the present, therefore, his ten point programme is not a political manifesto. It speaks broadly about political and social reform and about creating a new political culture with a transparent administration, strengthening the education and health sectors, a disciplined society that will protect women and children and the rule of law. All this is fine for a reform movement. But there are people around him who have political ambitions who have vowed to create, with the prelate’s blessings, a political movement to contest the next parliamentary election, or even to nominate him as a Presidential candidate to spearhead the abolition of the Executive President. They will then have to issue a political manifesto. It remains to be seen if that manifesto will be broad, inclusive and in line with the ten point reform programme that Ven. Sobitha has already outlined. Many will also agree with the prelate that the Executive Presidency has to be abolished and the Eighteenth Amendment needs to be repealed. The direction that the October 18th Movement takes will be crucial for the future of our country.

Whether it is Ven. Sobitha’s new movement or the hackneyed Mahinda Chinthanaya record, the people need to be vigilant to ensure that our democratic institutions are not irretrievably lost. Our people have been able to exercise universal suffrage for over eighty years, though not always at free and fair elections. That precious heritage must be safeguarded. Also to be safeguarded is the institution of an independent judiciary.

Impeachment of Justice?

One is amazed to hear that the government wants to impeach the Chief Justice. Anyone with minimum intelligence will understand that such a decision is purely to bring the Chief Justice and the Supreme Court to heel, that they will not exercise any independence in their rulings. This is in the wake of two recent decisions – first, where the Judicial Service Commission headed by the Chief Justice took disciplinary action against an erring judicial officer (reportedly a friend of one in the Family); second where a Bench of the Supreme Court again headed by the Chief Justice made a determination on the Divineguma Bill. The alleged reason to impeach the Chief Justice is reportedly because the latter determination was sent to the Secretary General of Parliament and not to the Speaker of Parliament. If a decision to impeach the Chief Justice has been made, presumably it would have been a cabinet decision. If that be the case, it is astounding is that the Minister of Justice and many other worthies in the Cabinet of Ministers have acquiesced in this decision that such a lapse requires impeachment.

One recalls that nearly 40 years ago, the Ceylon Observer, a state-owned newspaper, had in its news pages published two photographs one of which featured a parliamentarian. But the captions for the two photographs had been mixed up, for which the paper apologized the following day and had them corrected. But the then Executive President J R Jayewardene, with typical arrogance and abuse of power, had the editor summoned to the well of the Parliamentary Chamber, and after a charade of a trial, imposed a token fine on him. If one recalls correctly, it was only one government parliamentarian, Shelton Ranaraja who protested that Parliament was acting with childish pique at the obviously unintended lapse. This time, however, we do not hear even a squeak from the worthies who speak eloquently of justice and human rights outside Parliament.

Growing up as a Nation

If we are to re-capture our dreams when we obtained our independence from colonial rule, we need to take victory and defeat in the right spirit. All around us, we see violence and murder being committed over some trivial dispute. Our country must not fall into the category of a banana republic where the rule of law is non-existent. We have to be accommodative of other’s opinions and not act hastily out of anger or pique. Basically, we have to create a spirit of sportsmanship, act with propriety in victory and defeat.

Recently at the ICC T20 World Cup final played at the Premadasa Stadium, many political bigwigs were present to watch the match between Sri Lanka and West Indies. Towards the second part of Sri Lanka’s innings, when it became clear that Sri Lanka was on the verge of an unexpected defeat, the political bigwigs quietly made their exit from the stadium, not staying on till the end of the match to congratulate the winning team and to say ‘well played’ to the losing team. That was so disappointing not only to the spectators at the stadium but also to the millions who were watching it on television. It showed that the spirit of sportsmanship was sadly lacking in our political bigwigs. Unfortunately, it is this unwillingness to accept defeat that is permeating all layers if our society in their daily lives. May Ven. Sobitha’s movement and our religious and social leaders re-capture that old genius of our people – the spirit of tolerance, harmony and goodwill to the ‘other’.