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The Several Dimensions Of Surveillance

Malinda Seneviratne

Malinda Seneviratne

Edward Snowden was unknown, just as Julian Assange was a nonentity until he blew a whistle.   The disclosures regarding the extent, pernicious character and the political economy of surveillance has raised the ire of a lot of people.  Americans of the United States, in particular, are livid about this invasion of privacy, apparently sanctioned by the self-appointed high priests of democracy and freedom (not just for the citizens of that country but the rest of the world as well) themselves.

It has been wryly observed that ‘White America’ seems to have just woken up to smell the coffee, so to speak.  For that ‘America’ largely insulated from the horrors of the world and the tragedies at their doorstep, Snowden is a ‘newsmaker’.  For large sections of the ‘other’ America (of the US), as well as for the rest of the world, unburdened of illusion a long time ago, it is just something that spilled into the comfort zones of privilege.

The truth is that Big Brother never blinks, although he can be so blinded at times by ignorance and arrogance that he misses both wood and tree and errs terribly.  Mohamad Tabbaa, a doctoral student in Criminology and Law and the University of Melbourne has laid it out well in ‘Suddenly, white people care about incursions’, an article that’s available at www.salon.com.  He notes that for many in the USA, government surveillance has been a regular part of life, especially since 9/11. He asks, therefore, ‘So why the outrage now?’ and murmurs, ‘Welcome to the world of the Muslim, post September 11’.

There’s a lot of truth in the assertion for if privilege in that country has a color, it is white.  But there are whites and there are whites.  The class structure is not white-on-top and  non-white-below.  There is ‘white poor’ and there are whites who object to much that ‘Big Brother’ does.  The anarchists, in particular the ‘Black Bloc’ associated with the anti-globalization protests in Seattle in November 1999, were white.  The communists hounded during the McCarthy weren’t all non-white. Ethel and Julius Rosenberg were hanged. They were white.

The demarcating factor is perception of threat to a fairly well established system of privilege.  The mover is fidelity to a project of sustained exploitation and control.  Barack Obama, self-appointed grand abbot of democracy and freedom didn’t mince his words when he said that if you want security you must submit to surveillance.  The point, however, is that surveillance is not about public security.  It only gives that impression.  It is about system-security where ‘system’ is about exploitation, plunder, strategic needs to sustain these etc.  The ordinary US citizen has to submit him/herself to surveillance so that system stays.

Some say it’s all exaggerated.  Here’s a story that will demonstrate the no-stone-unturned bottom line of anxiety and control that is an integral part of the US ‘security’ system.

In the year 2000, I wrote a series of articles titled ‘Sketchbook USA’ for the Sunday Island.  It was all about my experiences in the USA, my observations during the7 years I spent in that country as a student. One of the articles was titled ‘My professors and friends’.  I wrote about the teachers I respected most, learned from the most and were more colorful than their colleagues.  Among them was Geoff Waite of the German Studies Department.

‘Geoff Waite, the only card-carrying member of the Communist Party at Cornell University and Professor of German Studies, who taught Marx, Nietszche, Freud, Lacan and Althusser to both undergraduates and graduate students, was far more relaxed. All he wanted from us was that we maintained a journal, i.e. write regular commentaries on the reading material or the class discussion. “As long as I am convinced that you are doing some serious thinking, I will be satisfied,” he would say.’

‘Card carrying member’ was shorthand for ‘radical’, ‘brave’ and ‘unique’.  I didn’t spell it out because it was a light piece.  The person who used that phrase, one of Geoff’s doctoral students, didn’t spell it out either.  He knew, I knew. That was enough.

This was in a Sri Lankan Sunday newspaper. A light piece, as I mentioned.  It was not ‘missed’ by whoever does surveillance in Sri Lanka for the CIA/FBI though.  The FBI paid Geoff a visit, I learned a couple of years later.  Maybe I was naïve.  Geoff obviously wasn’t.  He had observed, I was told, ‘Malinda screwed me’.   I was so naïve that when I was informed of this, I couldn’t imagine how on earth I could have caused any harm to that lovely man endowed with one of the sharpest minds I’ve encountered.  It took me a few months to figure out what must have happened.

Mohamad Tabbaa is a student in Australia. I don’t know which country he is a citizen of.  He is being watched now, if he was not being watched before.  What Snowden has revealed is far more sinister; people are being watched in terms of a ‘just in case’ logic.

And it is unlikely that governments other than the one in Washington haven’t picked a surveillance leaf from that nasty book.

How do we respond?  Vigilance.  Counter-surveillance.  Solidarity.  Flipping the script is not easy, but flipping is a non-negotiable if you value your privacy, your freedom.  Play peek-a-boo.  It works.  You make them angry.  They slip.  They may have superior technology.  You can counter it all.  If you have a heart.  And of course a mind.  It is easy to lie but easier to be honest.  Especially if you are being watched 24/7.

Just remember: if you’ve bought their lie, the more pernicious mechanism of incursion is resident within you.

*Malinda Seneviratne is the Chief Editor of ‘The Nation’ and his articles can be found at www.malindawords.blogspot.com

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Sinhala-Buddhists Vs Buddhist Moderates

Sharmini Serasinghe 1Colombo Telegraph

Sharmini Serasinghe

In Sri Lanka today there are two types of Buddhists- the Buddhist Moderates who identify themselves as Sri Lankans and those who identify themselves as Sinhala-Buddhists which they regard as their nationality!

As a Sri Lankan (a Sinhalese and a Buddhist by faith) I have lived and worked amidst the strange practices of Sinhala-Buddhists in Sri Lanka. As such I have observed closely what a Sinhala-Buddhist is as opposed to a Buddhist Moderate.

The following are my observations.

Buddhist Moderates (Sri Lankans) – This group identifies themselves by their nationality- Sri Lankan. Their ethnicity and faith are on a need-to-know basis, usually for official purposes. Moderates understand and respect Buddhism as a philosophy and quietly practice their faith in daily life to the best of their ability. Therefore they respect the religious beliefs and ethnicity of the ‘other’ (Hindus, Christians, Muslims etc) and treat them all as equals.

The Sinhala-Buddhist- This group carries a double-barreled identity; ethnicity first followed by the faith- Sinhala-Buddhist. As such they wear their identity on their sleeve with unfounded pride. This group has heard about the Buddha’s teachings- the Dhamma but don’t practice it. But they do practice a ‘religion’ which they call Buddhism that is diametrically opposed to the Dhamma. To these Sinhala-Buddhists the noble teachings of the Buddha are akin to casting pearls before swine!

The Sinhala-Buddhist regards Buddhism as a ‘religion’ and not as a philosophy and a way of life, as advised by the Buddha. Therefore they regard the Buddha as a God and practice their ‘religion’ by worshiping and venerating Buddhist symbols and objects; totally against the Buddha’s teachings.

Unlike Sinhala-Buddhists, Buddhist Moderates regard the Buddha as their noble teacher and Buddhism as a way of life. They don’t worship Buddhist symbols like Sinhala-Buddhists do, as for them Buddhism is not a religion. The Buddhist Moderate has the highest regard for the Buddha and respects his teachings by striving to live according to those noble teachings unlike the Sinhala-Buddhist label bearer.

Therefore these two groups- the Buddhist Moderates and Sinhala-Buddhists practice Buddhism in two extremely different ways. In today’s context the latter reeks of bigotry, hypocrisy and chauvinism in the extreme. To the Moderate Sri Lankan Buddhist, what the Sinhala-Buddhist practices as ‘Buddhism’ is a type of heresy of the Dhamma!

The Good Buddhist

The Sinhala-Buddhist’s idea of being a ‘Good Buddhist’ is confined only to one day of the calendar month- Full Moon (Poya) day. This day is dedicated to worshiping symbols and objects. As the ‘done’ thing they visit the temple, worship and heap flowers opposite the perceived image of the Buddha, light oil lamps and drench the roots of an over hydrated Bo tree within the temple premises. Then they parrot off the five-precepts with no intention of abiding by them. Most don’t even understand the meaning of them.

All this is done because it is the ‘done’ thing or with the foolish and selfish motive of gaining perceived ‘pin’ (merit) to counteract the ill-effects (or so they believe) of the crimes they commit. It never crosses their minds to question how a tree, clay, concrete or stone object could pardon them or grant them merit. But it is the ‘done’ thing so they do it, though they do not know why they do it. For them this is practicing ‘Buddhism’!

Also on Poya Day, the usually carnivorous Sinhala-Buddhists refrain from eating fish, meat and eggs. This is another ‘done’ thing which has nothing to do with the Dhamma. However some of these ‘Buddhists’ believe that refraining from consuming animal flesh is the ‘Buddhist’ thing to do, therefore bestowing more merit on themselves.

It must be said that all these acts are harmless in themselves if not for the hypocrisy involved!

There is a popular misconception that the Dhamma prohibits followers from consuming animal flesh. In fact, the Buddha did not ‘prohibit’ his followers from doing so, if it is offered by a person in good faith. But he did advise his followers against seeking it and destroying life for it. Buddhist Moderates who refrain from consuming animal flesh do so either for health or ethical reasons.

So in typical Sinhala-Buddhist style, commercial establishments are banned by the State from selling meat on Poya Days. This applies to the sale of alcohol as well. But on the days preceding this ‘sacred’ Day, one may store as much animal flesh in their refrigerators as required and sufficient alcohol  to see them through the days of prohibition.

Most often Sinhala-Buddhists are the first customers at meat stalls and taverns before the day of ‘prohibition’ dawns. So, for whose benefit and for what purpose are such prohibitions imposed? Who is trying to fool whom? This is Sinhala-Buddhist state-sponsored hypocrisy!

Also on Poya Day a few even try to refrain from consuming alcohol, lying, stealing, sexual misconduct or murder/killing- the five precepts. But this is all confined only to Poya Days. Convinced and content that they have accumulated sufficient ‘pin (merit)’ to see them through all their misdeeds in the future, life returns to normal the rest of the month!

Insecurities of Sinhala-Buddhists

The average Sinhala-Buddhist suffers from an acute inferiority complex which is often mistaken for a superiority complex. This could be attributed to a lack of substance in the superficial ‘religion’ they practice by worshiping objects and symbols and a lack of knowledge of the Dhamma.

Besides wearing their identity on their sleeve, a relatively recent ‘fashion’ adopted by Sinhala-Buddhists is the way in which they wear the ‘Pirith Noola’ (Pirith blessed thread) on the right wrist. Instead of the customary three folds of white cotton thread, we now see them ‘exhibiting’ on their right wrist what looks more like ‘Pirith bandages’. This is usually observed amongst Sinhala-Buddhist political VIPs.

This new phenomenon could either be to draw attention to their Sinhala-Buddhist identity and superiority over the ‘other’ or to ensure foolishly imagined ‘divine protection’ as they carry on accumulating negative ‘karma’ through their hypocrisy. In some cases it also could be a combination of both.

Sinhala-Buddhists live in constant fear of their ‘concrete/clay/stone made’ religion which they call ‘Buddhism’ being destroyed. As is obvious to any right thinking individual, all material objects, including Buddhist symbols are vulnerable to natural phenomena and destructive humans.

To the Buddhist Moderate, such fear is unfounded as their faith is strong. It lives and grows within them therefore it can never be destroyed either by destructive humans or natural phenomena. Buddhist symbols don’t carry any weight with the Buddhist Moderate except for the archeological value of some.

Insecurity harbored by Sinhala-Buddhists is nothing new to Lanka. It goes back to ancient times of the Cholas and more recently to pre-independent Ceylon when the British introduced Christianity to the island. The likes of Anagarika Dharmapala (a Sinhala-Buddhist personified) claimed that Buddhism was being destroyed by the British and Sinhala-Buddhists were being forced to convert to Christianity!

The question arises here if anyone could be ‘forced’ to change their faith/religious belief for whatever reason if the person is strong in her/his belief? But that is another subject altogether.

Sinhala-Buddhist Politics

Usually Sinhala-Buddhists practice their ‘hypocrisy’ amongst themselves without causing too many problems for the rest of society. They denigrate those of other ethnic groups and religions behind their backs, but are sweet as honey to their faces. This is only until a Sinhala-Buddhist political regime takes over and starts whipping up ethno-religious emotions for their own political gain. It happened with the late S.W.R.D. Bandaranaike and it is happening now!

Today, in place of Anagarika Dharmapala and S.W.R.D. Bandaranaike we have Sinhala-Buddhist Warlords to carry on the tradition!

This malaise has now brimmed over to extreme proportions. We now have Sinhala-Buddhist saffron-robed thugs masquerading as Buddhist monks denigrating the Buddha and his noble teachings in every possible way. Sinhala-Buddhist parents and teachers are encouraged to teach their young how to denigrate those of other religious faith from an early age. These saffron robed groups appear to be paramilitaries of the Sinhala-Buddhist chauvinistic State who use the sacred Saffron robe as a weapon over the ‘other’- those of other faiths.

Strangely this phenomenon burst forth post 2009 and today Sinhala-Buddhists see ‘demons’ everywhere threatening Buddhism in Sri Lanka!

This could be attributed to the political environment we live in today which is besieged by insecurities of various forms. After the successful elimination of LTTE terrorism, our warlords seem to find it necessary to create another ‘monster’.

This could be to keep the voter on edge and in constant fear and, therefore,  to keep them reminded that only ‘they’ and ‘they’ alone have the ability to keep the country safe from the likes of Prabhakaran and other such ‘monsters’. This they believe is the surest way of keeping the Sinhala-Buddhist voter terrified and forever grateful to the Warlords for keeping them safe.

So today we find new concrete ‘Buddhist symbols’ sprouting like mushrooms throughout the country, especially in areas populated by the ‘other’ (Hindus, Christians and Muslims). This is the Sinhala-Buddhist chauvinistic way of claiming superiority over the ‘other’. Not stopping there, they go on to destroy places of religious worship of the ‘other’.

The Buddhist Moderate looks on in horror and revulsion as these acts go totally against the Buddha’s teaching of sympathetic understanding and respect for other religions!

So today while overtly paying lip-service extolling the virtues of the Buddha, Dhamma, Sangha and religious harmony, the Sinhala-Buddhist Warlords covertly give full reign to terrorizing the ‘other’.

All this ugliness takes place in this so called thrice-blessed Buddhist country Sri Lanka!

*Sharmini Serasinghe was Director Communications of the former Secretariat for Coordinating the Peace Process (SCOPP) under Secretary Generals Jayantha Dhanapala and Dr. John Gooneratne. She counts over thirty years in journalism in both the print and electronic media.

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Sri Lanka: Winning The War But Not The Peace

275px-Ishtiaq_Ahmed

Dr Ishtiaq Ahmed

The 30-year-old ethnic conflict in the Sri Lankan state, an essentially Sinhalese majoritarian preserve, and the uncompromising and relentlessly violent Tamil leadership claiming a separate state, Tamil Eelam, on behalf of the Tamil minority of north and east Sri Lanka, culminated with a comprehensive military defeat of the Tamil Tigers at the hands of the Sri Lankan military and paramilitary forces. However, it also turned out to be a terrible example of collective punishment for the Tamil minority. This is the tragedy that the political scientist, former political activist with a strong Marxist-humanist commitment and a Sri Lankan diplomat, who till recently was serving the UN in Geneva and France and UNESCO, analyses with courage and insight.

After the British transferred power in 1948 virtually without a freedom struggle being waged against them, the ruling elite, Sinhalese and Tamil, initially adhered to the pluralist model bequeathed by the British based on liberal constitutionalism. However, that did not last long and Sinhala ethno-nationalists, lay and clerical, began to assert a majoritarian Sinhalese-Buddhist identity and ideology that sought to marginalise the Tamils. The adoption of the Sinhala only bill in 1956 as the sole national language literally rendered the hitherto more advanced Tamil intelligentsia illiterate.

The moderate Tamil leadership failed to dissuade the majoritarian Sinhalese nationalists to accommodate the legitimate interests and concerns of their group. As a result, disappointment, frustration and despondency spread among the Tamils. The leadership then passed into the hands of extremists, and the Tamil Tigers, led by Velupillai Prabhakaran, emerged in 1976 as the most uncompromising and ruthless protagonists of Tamil separatism and secessionism.

Long-War-Cold-Peace

Book Review: Long War, Cold Peace: Conflict and Crisis in Sri Lanka Author: Dayan Jayatilleka Publisher: Vijitha Yapa Publications, Columbo; 2013

Jayatilleka convincingly demonstrates that in the armed conflict that ensued, exclusive ultra-nationalism took up uncompromising positions on both sides. However, whilst the Tigers never relented, the Sri Lankan government on a number of occasions sought a compromise granting autonomy/devolution within a formally unitary state. He especially regards President Ranasinghe Premadasa as the leader who was most forthcoming to accommodate Tamil concerns including those related to the national language. He was pitilessly assassinated by the Tamil Tigers, who rejected all such overtures as their goal was to create a sovereign and independent Tamil Eelam. The Tigers also assassinated Indian Prime Minister Rajiv Gandhi and several Sri Lankan ministers and politicians including Tamils.

The author is at his masterly best when he applies his vast theoretical and conceptual knowledge, including normative political theory, to distinguish a freedom fighter from a terrorist. He defines terrorism as deliberate policy to target innocent civilians. In this regard, the review of Marxist theory and practice associated with Fidel Castro and Che Guevara is especially instructive, because although they resorted to armed struggle they considered it a necessary evil. Prabhakaran made a virtue out of violence and terror and personified that cult.

He reveals the psycho-ideological mindset of Prabhakaran as intrinsically fascistic. We learn that the leader of the Tigers actually hero-worshipped Hitler and kept a copy of Mein Kampf by his side, and like his hero extracted complete submission from his followers to his whim and caprice. Moreover, the Tamil Tigers showed no mercy to dissidents within the party or the opposition within Tamil society, or to innocent Muslims and Sinhalese. Their record of carrying out assassination attempts and suicide bombing predates by many years similar trends in South Asia.

Jayatilleka rejects the right of national self-determination to mean an absolute and automatic right to secede through the use of force and terrorism from an existing state. He asserts that secession from an existing state is not to be confused with liberation from colonial rule. Such an interpretation is an accurate understanding of the norms upheld by international law.

The author then examines the right of the state to wage war against an intransigent terrorist group in the light of classic just war doctrine and concludes that the Sri Lankan state had no other choice but to wage a war against the Tamil Tigers. It did so, but with such overwhelming force and ruthlessness that hapless non-combatant Tamils wholesale became its victims. It shocked the world and the United Nations expressed its concerns in no uncertain terms.

The author warns that a triumphant, vindictive, majoritarian Sinhalese mindset cannot win the peace. It is important to heal wounds and win back an estranged, defeated and humiliated minority. Currently a cold peace prevails that isolates and alienates the Tamil minority. He pleads for a just peace, which guarantees substantial autonomy, economic, political and cultural, equal rights for all citizens, and respect and acceptance of ethnic identity. To the Tamils his recommendation is to abandon secessionism and seek fair and equitable treatment within a pluralist, decentralised but unitary Sri Lanka integrated in a power-sharing framework. He argues that neither neo-liberal capitalism nor neoliberal conservatism can serve as the basis for building peace, which he argues has three important dimensions: the North-South axis; the rich-poor axis; and the country-world axis.

In my book, State, Nation and Ethnicity in Contemporary South Asia, London and New York: Pinter, 1996; 1998, I propounded a theory to analyse within a comparative framework a number of separatist movements in South Asia: Khalistani and Kashmiri in India; Sindhi and Mohajir in Pakistan; Chakma Hill Tribes in Bangladesh; and Tamils in Sri Lanka. I predicted that secession was doomed. The modern state is too well-armed vis-à-vis separatists. Moreover, international law and praxis is biased heavily in favour of the integrity of the state. Only when powerful neighbours or global powers support a challenger to the state can the balance of power possibly be tilted in favour of secessionism (pages 69-76). In the final showdown neither India nor any global power backed the Tamil Tigers: their extermination became inevitable. Seventeen years later Jayatilleka’s authoritative case study on Sri Lanka verifies the soundness and relevance of that theory.

*The reviewer is a PhD (Stockholm University); Professor Emeritus of Political Science, Stockholm University; and Honorary Senior Fellow, Institute of South Asian Studies, National University of Singapore. Latest publications: Pakistan: The Garrison State, Origins, Evolution, Consequences (1947-2011), Karachi: Oxford Unversity Press, 2013; The Punjab Bloodied, Partitioned and Cleansed: Unravelling the 1947 Tragedy through Secret British Reports and First-Person Accounts (Karachi: Oxford University Press, 2012; New Delhi: Rupa Books, 2011). He can be reached at [email protected]

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Sri Lanka And Burma: The Conjunction Of Genocidal Processes And Imperialist Adventures

Athithan Jayapalan

Athithan Jayapalan

Burma is often most renowned for its military Junta, repression of democratic rights and the imprisonment of Aung San Suu Kyi that spanned over two decades. Such it is when in line with Western countries interest and their explicitly displayed values. Unfortunately what is lesser known is the multiple national independence struggles fought by suppressed nations in Burma, and the state sponsored persecution and terrorism against minorities. In 2012, Burma was being praised by the West for freeing opposition leader Aung San Suu Kyi, liberalizing its economy, allowing political parties, extending democratic rights, and for the abolishing of media censorship. In the backwaters of these events, with the West applauding what it considers positive steps taken by the new civilian government under President Thein Sein, a war was unleashed to eradicate the resistance of the Kachin nation in northern Burma (1).  As the West is supplying funds, handing Burma international repute, facilitating it with international space to self-narrate the progress of the country, the Burmese army is unhindered in pursuing its structural approach towards minority nations. After a 17 year truce with the Kachin Independence Organization (KIO), it launched an extensive military offensive on June 2012. This decision coincided with the work on the billion dollar Sino-Burmese hydropower projects in the irrawaddy river in the Kachin homeland. In order to secure these areas for Chinese exploitation, the Burmese military is entrusted to drive out the Kachin people (2) . With both the subtle blessings and sinister involvement of contemporary imperialist powers, the West and China alike, a chauvinistic state is facilitated to carry out genocide. Another process which also began in 2012 summer, was the genocidal ethnic cleansing of the Rohinyga Muslims, in the central west of the country. In matter of few weeks, thousands of Rohinygas were reported butchered by Arakanese mobs, Buddhist monks, state police and federal forces, with tens of thousands being displaced. This brings to mind the parallels between the Burmese state and the Sri Lankan state and their interaction and liaisons with international powers.

Burma is a multi-ethnic country and was united under British colonial rule which placed the diverse region under the fold of a centralized authority in Rangoon. The boundaries set and the establishment of government ignored traditional and national peculiarities. The Burmese government represents the Bamar people alongside a range of other Buddhist people, who speak different but related languages. Thus the national culture is heavily marked by Buddhism and the Bamar. The military dictatorship has also drawn its legitimacy for military government from the rule of kings of the past. This leaves little space for nations with other religious following and another linguistic affiliation to prosper in its own right. The Kachin people speak various Kachinic languages and most follow Christianity, while the Rohiniygas speak Bengali and are Muslims. Both these people are viewed as multi-centric elements within the national space. They oppose and restrict the erection of the dominant Burmese nationality. The Karen took up arms in 1961 establishing the KIO and its military wing the Kachin Independence Army (KIA) to fight the Burmese government battling the state until 1994 when a truce was signed. As in Sri Lanka it was successively imposed discriminatory laws and actions in the post-independence period culminating in the state decision to make Buddhism the state religion which antagonized and marginalized the Kachin. Also as with the Sri Lankan context the Burmese state pursued a malicious counter-insurgency to impose its national unity. Sri Lanka’s war on Tamils starts as an element of the state’s intent to pursue a policy of creating a Sinhala Buddhist nation state. Similarly with Burma it targeted the ethnicities within its borders which were deemed multi-centric, this being foremost the Tamils who have since early independence been increasingly mobilized on lingo-national basis. With successive governments presiding over series of discriminatory laws, violent suppression and anti-Tamil riots , the Tamils took up arms in the 1970’s and the secessionist war broke out.

In the aftermath of 09.11.2001, a new international platform to fight counter-insurgencies emerged. It became rather advantageous for any nation-state to conjoin their counter-insurgencies with other nations on the pretext of fighting terrorism. For Sri Lanka this constituted a structural condition which would facilitate its reliance on international backing and subtle support in pursuit of a military solution to eradicate Tamil secessionism. With the collapse of the ceasefire in 2006, Colombo initiated a heavy offensive in the East of the island, a process which ended in May 2009 with the genocide in Mulluvaykal. International powers were known to have contributed with economical, diplomatical and military support, either directly or indirectly which served Sri Lanka’s ambitions. China poured in 1 billion dollars annually to the Sri Lankan state from 2005 to 2009 (3), while Pakistan upgraded the Sri Lankan air force’s radar and fighter jets. India trained military personnel, and aided the military forces with crucial logistics to weaken the LTTE. During the last war a range of Western countries were in support of dissolving the LTTE militarily in order to set the platform to deal with the national question concerning the Tamils. Later on through UN internal reports published in 2012 it was shown that even the U.N. leadership by grossly downplaying the civilian causalities assisted Sri Lanka in accomplishing what it had intended. What seems initially to be a series of strange events, tends to emerge as a systematic pattern, where it appears that the established international community of nation states apply a structural approach to people struggles. This very approach favours nation states’ military solutions to settle the self-determination struggles of oppressed nations and is pursued under the guise of eradicating terrorism and paving the way for development. Discourse and promises of democracy and peace, added with preliminary actions taken in the name of credence, shadow the brutal reality enacted by chauvinistic states and thereby sets the stage for the subtle support granted by international powers.

Statements expressing forthcoming harmony and the generosity to accede economic concessions by President Rajapakse resulted in the international community abetting the the Sri Lankan government’s genocidal war. It now seems Burma is effecting equally, through its adaptation of the Sri Lankan counter- insurgency model.  The intent is to quash a genocidal war against the KIO and the Kachin people in the North while eradicating the Rohingya through mob and police perpetuated genocide and violence . The international community however is delighted and rather pleased with Burma due to rhetorics of democracy and the economic concessions endorsed under liberalization. A dreadful symphony of imperialist expansionism and genocidal nation state politics is perpetuated under the guise of development and reform. Failing to practice what it preach of equality and democracy, the west perceive it as more fruitful to aid the nation states in completing genocide and eradicating resistance in order to pursue imperialist goals. The West intends to counter China, China intends to counter the West and India, while India intends to counter China and make itself a power in the region. In this matrix the Burmese government maximizes on an abundance of supplies and support to pursue its agenda, an art the Sri Lankan government mastered in the last few years. The much praised Aung San Suu Kyi remains silent on these atrocities and is instead indulgent in praising the military for its historical role in the country’s establishment (4). Meanwhile the Kachen people brace themself for a bitter survival as Burmese troops are moving in towards their heartland with designs of occupying the town of Laiza. The international community and its media seemed to have abandoned the Kachin as was the case with Tamils in 2009, and now another genocide is lurking around the corner.

References:

1)      On the ingorance of the war against the Kachin people by international investors.http://karennews.org/2013/02/burma-investors-beware.html/

2)      http://www.kachinnews.com/index.php/news/1054-irrawaddy-hydropower-project-to-displace-many-kachin-villagers.html

3)      http://www.rigobertotiglao.com/2011/11/03/%E2%80%98if-you-want-peace-prepare-for-war%E2%80%99/

4)      http://www.bbc.co.uk/news/world-asia-21950145

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Sri Lanka: 13A And Its Nine Lives

Col R Hariharan

Col. (retd) R.Hariharan

Indian Ministry of External Affairs took the unusual step of issuing a strong press statement cautioning Sri Lanka not to dilute the 13th Amendment (13A) at the end of a Tamil National Alliance (TNA) delegation’s meetings with Indian leadership including the Prime Minister on June 19, 2013. It was in response in to Colombo’s hectic moves to dismantle the constitutional provision of 13A that confers a level of autonomy to Tamil minority.  If 13A is abolished it would not only be negation of the promises President Rajapaksa made to the nation and India but  it would set the clock back on the national reconciliation process that is stalled at the start line since 2009.

The much maligned 13A reached its episodic climax during May-June as the September 2013 Northern Provincial Council (NPC) elections neared. There was a flurry of activities in Colombo as the President was averse to allow the Tamil National Alliance(TNA) – erstwhile political ally of the LTTE– to capture power in the NPC. There was a bit of confusion as the President was making up his mind on how to go about doing this. This resulted in the administration and Gotabaya Rajapaksa, the all powerful Defence Secretary sending confusing signals on future course of action. Lalith Weeratunge, President’s Secretary, added his penny’s worth in twitter justifying the dilution of powers of the “while elephant” provincial councils had not served any purpose, a discovery that came 23 years too late.

In this context TNA MP Sumanthiran’s twitter was interesting: “If PCs have not worked so far, then why has this discovery not taken place all these years? Only when the Tamil people were going to vote did they decided that provincial councils are not required… This shows their malfeasance,” he added.

In a political tear jerker that would vie with mid-day television soap, the last two episodes saw the dramatic change in the ruling UPFA coalition’s political strategy. It hopped from bringing an “urgent bill” to replacing 13A with the 19th amendment (a morphed 13A with its non-flyer wings clipped) to refer it to yet another parliamentary select committee (PSC). Obviously, the quick change of mind came after India hinted dark forebodings and some of the coalition partners loudly protested, while Tamil parties watched.

The President has used the PSC as time-tested weapon to bring to heel recalcitrant Tamil political nit-pickers as much as chief justice. The PSC has two advantages –it buys time and rarely it produces acceptable results because key parties usually do not participate in it. In the present instance also, only the ruling UPFA coalition was quick to nominate 19 members while the main opposition UNP and yesterday’s opposition JVP remained non-starters. TNA’s participation is anybody’s guess, as the troika that pulls it ensures it runs in the same place without moving forward.

As the government appears to be reconciled to hold the NPC elections as scheduled in September 2013 without any change in the 13A, the PSC’s purpose is probably to delay a decision on the issue till the Commonwealth Heads of Government Meeting (CHOGM) is seen through in October 2013. As the President has appointed a PSC to “to speed up the process,” Colombo hopes to smoothen India’s ruffled feathers lest it decides not to participate (India never boycotts) in the CHOGM. We can expect the PSC to stretch itself to see through the CHOGM where the President would be anointed lead the CHOGM for two years.

Sri Lanka needs to seriously introspect why the 13A still survives when all politicians, including President Rajapaksa and his brother Gotabaya speak periodically about changing it or getting rid of it.

The 13A fathered by the wily of Sri Lanka neta JR Jayawardane as political expedience to weather a brewing confrontation with India in 1987. It was a deformed child at birth, with low life expectation. It was never allowed to articulate fully and remained a cradle baby after Prabhakaran massacred hapless policemen and other Tamil activists of EPRLF in hundreds in 1990 and killed the hopes of the Northeastern Provincial Council ever functioning. Prabhakaran’s stand against 13A to give substance to his quest for a free Tamil Eelam suited Southern Sinhalas who were in any case averse to “Tamil terrorists” – regardless of their stripes – coming to power.

However, political parties in the rest of Sri Lanka took to provincial council system with surprising agility because it created one more layer of dispensation of power and favours. It also gave local politicians and their underlings the trappings of non-existent power.   So the 13A continues its ambulatory existence as Sri Lanka polity has not been willing to find a suitable substitute that would provide decentralized powers to the provinces.

As the 13A owes it to the India-Sri Lanka Accord 1987 (ISLA), it has another “useful” political purpose – to make India the whipping boy. India is an essential “evil denominator” in Sri Lanka politics; political and military memoirs written by Sri Lankans are replete with instances to describe this phenomenon. Tamil and Sinhala leaders of all hues ranging from Rajapaksa to Prabhakaran to Weerawansa have emphasized 13A’s as an Indian machination thrust upon an unwilling Sri Lanka.

The 13A’s ISLA linkage has been bringing India into the Sri Lanka political scene now and again, though less frequently after India’s unpleasant experience of direct intervention from 1987 to 90. Even the present Indian interest in 13A came about only after President Rajapaksa thawed it out of cold storage when he came to power in 2005 to use it as a political ploy to ward off sermonising Western powers and retain India’s support.

To sustain Indian support during the Eelam War, Rajapaksa went through various committee manoeuvres and promises to “improve” the 13A, which was never fully implemented. Fortunately, for him, New Delhi with its own other internal and external preoccupations had accepted his arguments during the Eelam War. However, after AIADMK dethroned DMK from power in Tamil Nadu using Eelam War issue, New Delhi was pushed into action.

The pay off time for Sri Lanka’s double speak on the subject came at the UNHCR, after the Rajapaksa chose to ignore mounting allegations of war crimes at home and abroad. And New Delhi had little option but (to do the “right thing” as Hardeep S. Puri puts it in his op-ed piece in The Hindu “Why India is right on Sri Lanka”) to vote for the UNHRC resolution calling for Sri Lanka’s accountability for its conduct during the war.

The political scene in India is undergoing change and Sri Lanka will increasingly find its manoeuvring space getting more and more constricted even if the Congress-led alliance comes back to power in 2014.  As Hardeep Puri wrote, “To dismiss popular sentiment in Tamil Nadu as the machinations of politicians is both a misreading of the situation and a recipe for disaster. Why should Sri Lanka not be held to account for not respecting understandings given bilaterally to India, such as those of April-May 2009?”

Unless Rajapaksa finds an answer to this vexing question, any government in India will find it difficult to wish away the issue because Sri Lanka’s “accountability” is as much applicable to its promises on implementing 13A and devolution of powers to Tamil minority, as investigating allegations of war crimes.

The simple truth is devolution and 13A issues have come to haunt President Rajapaksa because he squandered four years of peace in strengthening his political base rather than bringing back Tamils to political mainstream. This has compounded his accountability problem with the international community. Even now many are not convinced that he would go through the NPC election as planned because he has given sufficient indications that he would like to do what he and the Sinhala right want, rather than accept the inevitability of the TNA gaining control of the NPC.

Surprisingly, the Defence Secretary Gotabaya Rajapaksa while rightly recognizing the rise of Eelam protagonists abroad as a threat to Sri Lanka’s national security, has failed to recognize the hot house conditions Sri Lanka is providing for them to propagate their cause. Acts of Sri Lanka Buddhist extremism increasing everyday against Hindu, Muslim, and Christian minorities, allowed with studied indifference of the state reinforces the growing belief that the Rajapaksa regime is becoming an inward looking, and intolerant.  Political speeches on tolerance and brotherhood sound no more credible.These add to the climate of suspicion.

The present mess has given hope for revival of the Eelam Cause among Tamil Diaspora, though there is little enthusiasm among Sri Lankan Tamils. Thanks to Sri Lanka’s indifference to war crimes allegations and implementation of LLRC recommendations, anti-Sri Lanka sentiment is lodged in Tamil Nadu’s local politics. This poses a serious threat to not only India-Sri Lanka relations but also the interest of Tamil Nadu as has living links with Sri Lanka Tamils.

Like all half cooked and warmed up food, 13A seems to have finished its shelf life. It has neither met the aspirations of yesterday’s Eelam secessionists nor satisfied Sinhala triumphalists. However, in the absence of a suitable substitute it stands as a sop, if not a symbol of hope, for Tamils. It also apparently satisfies President Rajapaksa’s “liberal sentiments” to leave it for the time being while his coalition members are pandering to Sinhala right wing elements. And it keeps India at bay. Given this curious setting I expect the 13A, truncated or otherwise, to survive its nine lives.

I am one of those who had believed that Sri Lanka at the end of the Eelam War had a wonderful opportunity to open a new chapter in equitable ethnic relations. But what is happening in Sri Lanka mocks at my simplistic belief. I realise Sumanthiran’s words “The Sri Lankan government from the word go was never interested (in devolution of power). The victory in the war meant, take it all….” are probably more than political rhetoric. And that is sad.

*Col R Hariharan, a retired Military Intelligence specialist on South Asia, served with the Indian Peace Keeping Force in Sri Lanka as Head of Intelligence. He is associated with the Chennai Centre for China Studies and the South Asia Analysis Group. E-Mail: [email protected]   Blog: www.colhariharan.org

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Sri Lanka Govt Shuns Reconciliation With Move To Annul Constitutional Provisions

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J.S. Tissainayagam

The government of Sri Lanka is leaving no stone unturned in an attempt to annul provisions of  the country’s constitution that are key to implementing post-war reconciliation. By seeking to rescind the 13th amendment, long held by the international community as the starting point for a political solution for the conflict between Sinhalese and Tamils, the Government has clearly demonstrated its cavalier disregard to UN resolutions and international treaties and therefore is an unreliable international actor.

A spokesperson to India’s Ministry of Foreign Affairs was candid when he said, “[t]he proposed changes raised doubts about the commitments made by the Sri Lankan government to India and the international community, including the United Nations, on a political settlement in Sri Lanka that would go beyond the 13th Amendment.”

The 13th amendment to Sri Lanka’s constitution was introduced as an instrument to share power between the Sinhalese and Tamils through devolution to the country’s provinces. The amendment flowed from the Indo-Lanka Accord, negotiated and signed as a treaty between the governments of India and Sri Lanka in 1987, in a bid to end the armed struggle between rebels supported by India and the Sri Lanka government.

Devolution to share power between Sinhalese and Tamils was to soon encounter snags. The fundamental reason was that Tamils realised that devolution proposed under the 13th amendment would be hobbled by the very thing it was supposed dismantle – power wielded in Sri Lanka’s legislature by Sinhalese members of parliament.

This constraint was due to the unitary character of the Sri Lankan state. This means that the central government, in which the executive presidency and parliament are key institutions, remains constitutionally supreme. Under a unitary system even when power to legislate over subjects of local importance is devolved to subunits such as provinces, parliament can override those powers either by a simple majority or a two-third majority. This contrasts with federal constitutions where powers that the constituting units enjoy are so entrenched that they cannot be tampered with by central governments so simply. Needless to say in the real world constitutions mostly fall in between the unitary-federal continuum.

Despite devolution under the 13th amendment being hobbled by control from the central parliament, most of the Tamil political parties and armed rebel groups accepted the Accord and the brand of power sharing it proposed. Despite backing by Colombo and New Delhi, devolution to the PCs under the 13th amendment, which became law in 1988, was only implemented selectively. For instance, elections to the Northern Provincial Council (NPC) where a majority of Tamils live, was never held. Second, a clause to merge the Eastern PC which has over 60% Tamils and Tamil-speaking Muslims with the NPC to strengthen common demands was temporarily implemented but later struck down by the Supreme Count as unconstitutional.

Following the military defeat of the LTTE in May 2009, devolution of power came back into currency as a practical mechanism of devolving power and thereby promoting reconciliation between the Tamils and Sinhalese. At the same time the international community – especially India and the US – expanded their role in promoting conflict resolution in Sri Lanka.

Citing the provisions of the Accord, the treaty between Sri Lanka and India, New Delhi called for the full implementation of the 13th amendment, which was echoed by the US and other sections of the international community. But buoyed by its military victory and elements of Sinhala nationalist elites, the Sri Lankan government prevaricated. Following three years of intensifying misery for the Tamils due to militarisation, widespread allegations of disappearances, torture and rape, loss of livelihood and parlous conditions of resettled IDPs, the United States moved two resolutions in the UN Human Rights Council. The second resolution, adopted in March this year, “welcomed” provincial elections for the NPC.

Faced with mounting international pressure the government has indicated its intention to hold polls for the NPC this year, although it is yet to be officially announced at the time of writing. However fearing that such elections would strengthen the Tamils in the North the government has on the backs of Sinhala nationalist groups begun to demand dismantling of even the vestiges of devolved governance. It has therefore proposed a 19th amendment to ensure that provincial governance is in name only. The government’s group of Sinhala representatives in Parliament is expected to back this bill and pass it with ease.

The Sri Lankan government’s move to dilute the 13th amendment only reiterates its indifference to reconciliation. It also shows up very clearly the inadequacies in the strategy of the international community. The international community expects Colombo to respect international laws or conventions – such as UN resolutions and treaties – and that meaningful sharing of power will come from within Sri Lanka under the present political structures. But that is not forthcoming. The international community should therefore strengthen the Tamils within and outside Sri Lanka and use other diplomatic tools available to it to resolve the Sri Lankan conflict. A delay will only exacerbate Tamil desperation and see a further erosion of international order.

J. S. Tissainayagam, a former Sri Lankan political prisoner, was a Nieman Fellow in Journalism at Harvard and Reagan-Fascell Fellow at the National Endowment for Democracy in the United States. This article first appeared in Asian Correspondent

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