| by Shanie
I said to the
man who stood at the Gate of the Year:
‘Give me a light
that I may tread
safely into the unknown’
And he replied:
‘Go out into the
darkness,
put your hand
into the hand of God,
That shall be to
you
better than
light and safer than a known way.’ -
Minnie Louise Haskins (1875-1957)
( December 29,
2012, Colombo, Sri Lanka Guardian) This was the poem that was quoted by the
then King of England King George VI at the end of his Christmas Day broadcast
to the nation in 1939 on the eve of World War II. This was stated in a
Christian context but since then has been used as an inspirational message by
people of many faiths and in a variety of contexts. When in doubt or in need of
help, adherents of all four major religions in our country pray for support
from an external power, theistic or non-theistic like the Triple Gem. So, as we
enter a new calendar year, we quote this poem which we are sure will resonate
with people of all faith groups, and even with those of no faith. The year that
is now ending has not, by any yardstick, been a very happy one for our country
and for our people. Let us hope that in the New Year, our leaders on all sides
of the political spectrum will see the true light and tread the known
democratic ways, and separate the good from the bad and the ugly.
The Report of
the Commission of Inquiry on Lessons Learnt and Reconciliation identified two
main areas that needed immediate attention. One was Reconciliation and the
other the Rule of Law. If these two issues were resolved through consultation
and consensus, the other major problems facing our country like a solution to
the National Question, equitable urban/rural economic growth, poverty
alleviation, human rights, development in the education and health sectors and
a healthy relationship with the international community will fall into place.
The government has committed itself to implementing the LLRC recommendations;
though its achievements in this regard are not great. This is partly due to
divisions within the government. The lobby with obscurantist views that is
opposed to the LLRC recommendations (on reconciliation and the rule of law)
seems now to enjoy the confidence of the President. That has to change in the
New Year. The President has to be convinced that for the sake of the country he
has to heed the voices of sanity and resolve issues in a manner that will unite
rather than further divide our people on sectarian lines.
National Anthem
in Sinhala only
The singing of
the National Anthem is a supreme example of an issue where an opportunity for
reconciliation was squandered. For over fifty years, the National Anthem was
sung in Sinhala and/or Tamil. A few years ago, an order went out that it should
only be in Sinhala. Wimal Weerawansa stated and President Mahinda Rajapaksa
followed him by claiming nowhere in the world was the National Anthem sung in
more than one language. It was quickly pointed out that many bi- and
multi-lingual countries had their National Anthem in two or more languages. It
was surprising that the President himself was so careless in not checking the
facts before making statements that impact on ethnic relations. It is reported
that in the North, the Army insists that Tamil students in state schools should
sing the National Anthem only in Sinhala; surely, an absolutely certain way of
putting back the process of reconciliation.
Pluralism and
Inclusivity
It is getting
close to four years since the Velupillai Pirapaharan’s LTTE was defeated,
crushed and buried. There is little doubt that an overwhelming majority of
Tamils within Sri Lanka want to live in peace and amity with all communities in
an undivided Sri Lanka. This is evidenced by the publicly stated policy of the
TNA that has received overwhelming support of the Tamils at elections. It is
only a tiny minority of Tamil Diaspora who seem to be living in a world of
their own, giving themselves cabinet portfolios in a ‘government’ created by
themselves. They have, of course, no functions to perform and naturally
represent no one but themselves. They are best left to themselves to enjoy the
positions they have created. This columnist’s impression is that the majority
of the Tamil Diaspora share the views of the Tamils in Sri Lanka.
That said, it is
for the government of Sri Lanka to extend to the Tamils in the North and East
the dignity and respect that is their due. Distancing the TNA, who obviously
enjoy the confidence of the Tamils in the Noeth and East, by continuing to
refer to them as ‘LTTE proxies’ does not help in drawing the Tamil people into
the mainstream of the national political life. The government must adopt a
policy of pluralism and inclusivity. Unfortunately, that does not appear to be
happening. Last month, the Army moved into the Jaffna University campus,
shamelessly separated the Sinhala students from the Tamil students and
proceeded to abuse and intimidate the Tamil students, both men and women. The
next day, several student leaders were arrested, four of whom have yet to be
released. In addition, a round-up is going on in Jaffna and over thirty young
people have so far been arrested. Last week, in what was obviously an
intimidatory gesture, the President of the Jaffna University Teachers’
Association was summoned to the TID Office at Vavuniya. Similarly, the Vice
Chancellor and Deans were summoned by Gotabaya Rajapaksa to his office in Colombo.
Such actions by the Army, undoubtedly with the concurrence of the President,
will only undermine efforts at reconciliation as recommended by the LLRC.
Referring to the recent incidents, a petition from the University community to
the President stated: "The result is to cause considerable fear, anxiety
and trauma among the students that is detrimental to the academic character of
the University. More importantly dragging innocent students through police
stations and police cells, as happened in the 1970s and 1980s, is frightening
at the start and then hardens them and breeds contempt for the law and for the
officers entrusted to uphold it. Where there should be trust and co-operation
there is fear, resentment, and then defiance. Surely, we do not want the
consequences of that again."
A reconciliatory
relationship can only be built where there is trust and respect for each other.
Regular round-ups like what we are seeing in Jaffna today, nearly four years
after the end of the conflict with the LTTE, not just keep reminding people of
the fear and violence of the past but continue to keep the people locked in
fear. By repeatedly raising the bogey of the dead LTTE, they will only continue
to keep the communities apart and undermine any efforts at reconciliation.
The need for
civilian administration
The other
important point stressed by the LLRC for reconciliation is that the North and
East should revert to civilian administration. Having a civilian Government
Agent and civilian public servants manning the District secretariat does not
mean that there is civilian administration. If that were so, then there would
be no need to have ex-security services commanders as Governors in the two
Provinces. The local people know that important decisions are made only by the
Governors and/or the local military commanders. Recently, Somapala Gunadheera
has also stressed the need to have civilians as Governors. If the government is
serious about reconciliation, it is absolutely essential that the role of the
military in civilian affairs be curtailed. Having a Tamil-speaking civilian as
Governor in the North and East is also a necessity. In post-independence Sri
Lanka, there were many Sinhala speaking Tamils who served as Government Agents
in predominantly Sinhala areas and many Tamil-speaking Sinhalese who served as
Government Agents in predominantly Tamil areas. All these officers were
respected, enjoyed the trust of the people and undoubtedly provided for good
relations between the different communities in the districts where they served.
That position can quickly be brought back if imaginative policies are followed
by the present government.
Upholding the
Rule of Law
The second
important issue to be addressed in today’s context is the upholding of the Rule
of Law. Enough has been said and written in recent weeks on the impeachment
process initiated by the government against the Chief Justice. That the
government has denied basic fairness to the Chief Justice and violated all
norms of natural justice in the farcical hearing has been stressed by all
independent observers. It will be self-defeating for the President to persist
in wanting to go through with this. The sooner he drops this impeachment
proceedings and allows the three branches of the government to function as they
should, the sooner we will have better democratic governance in our country. At
the same time, the Chief Justice has to continue remaining firm in maintaining
the dignity of her position and ignore attempts to lure her into political
posturing. Once the heat has gone out of this issue and in the light of recent
events, it will not be easy, as Izeth Hussain has pointed out, for her to
maintain the independence and detachment that is required of a Judge but her
integrity, training and experience will probably enable her to walk the tight
rope with professional impartiality.
Politicisation
of Law Enforcement
There are
several instances where there has been failure on the part of the authorities
to maintain law and order because of political interference. One of LLRC’s
important recommendations was that Police being civilian department should be
detached from the Ministry of Defence. Unfortunately, the government seems in
no mood to heed this recommendation. The politicisation of the Police service
has resulted in the harassment of political opponents and a free rein to
pro-government political thugs. It is an year since a British tourist Khuram
Shaikh, a Red Cross worker and his female companion were brutally assaulted
resulting in the death of the tourist. The Chairman of the local body who
belongs to the ruling coalition and is close to politically powerful persons
was reportedly the chief suspect. Sadly, no charges have yet to be filed
against him and his accomplices. Sri Lanka’s acting High Commissioner in London
has given the Guardian newspaper and the family of Khuram Shaikh the routine
excuse: He has been told by the Attorney General’s Department that non-summary
proceedings are to begin shortly. But no plaint has yet been filed and all
suspects released on bail. This is only one of several cases involving people
with political connections who are able to escape the legal consequences for
their criminal activities. In the North and East, political groupings which are
part of the ruling coalition have been accused of being armed groups which
terrorise political and personal opponents. The LLRC recommended that such
groups be disarmed. This recommendation has also been ignored, presumably
because the presence of such armed groups helps to keep the local population
from speaking out for justice and fairplay. Sooner rather than later, this
attitude will boomerang on the authorities.
in 2003, the
late K C Kamalasabayson, who was then the Attorney General, stressed the
importance of upholding the rule of law when he delivered a lecture in memory
of Kanchana Abhayapala, the courageous young lawyer who was assassinated
because he sought justice for the suspects taken in by the Police during the
second southern insurgency. In his lecture the Attorney General candidly posed
a question: Is it more important in a civilized society to spend millions of
dollars in building roads to match international standards or to have a
peaceful and law abiding society where the rule of law prevails?
A Bishop’s
Reflection
Bishop Duleep de
Chickera is one of our more perceptive of commentators on public affairs. He
always writes from a national perspective providing much food for thought. We
had begun today’s column with a quote from a Christian poet. In this season
that is holy to Christians, we can end with a quote from Bishop de Chickera’s
contemporarily relevant Christmas reflection published in last Sunday’s Island:
"(Jesus Christ’s) life and teaching stirs the human conscience and opens
the way to liberating truth and fullness of life. This truth and life sets
people free from the impulse to violate and victimise others, and awakens a
yearning to include and safeguard the dignity and freedom of the other, now
seen as sister and brother within one human family.
It is this new
release of perspective and energy rooted in the human conscience which
relentlessly discovers ways of overcoming barriers that deprive and divide
humans. The human instinct to protect and care for each other is much stronger
than the sum of greed of the violent empires of the world.
This then is the
strong message of hope that Christmas brings; the oppression of empires,
whether yesterday or today, do not last forever. When contested with the much
more dynamic forces of truth, love, justice, humility, forgiveness, healing and
reconciliation they are destined to collapse and give way to a higher order.
The prophetic words of the late Martin Luther King that ‘the arc of history is
bent towards truth and justice’ are a precise summary of this reality."
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