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Foreign Affairs

The Other Dark Side Of The Shirani Impeachment Saga

Paridhi Singh

Paridhi Singh

It comes as no revelation to anyone who has been following the Impeachment saga, the profundity of impact it has had on all the citizens of Sri Lanka, be it their unsatiated hunger for justice for the former CJ Shirani Bandaranayake or their bereaved hopes in the present Government. To proclaim that it has rocked and vitiated the very foundations of the country, wouldn’t have been better proven as the penultimate truth, than at an event ‘Law talk’, organized by the Law Students Association of Sri Lanka (LSASL) on the topic “Aftermath of the Impeachment: Its Constitutional Implications” on 22nd January 2013. It witnessed the participation of over sixty, from various legal and non-legal backgrounds.

The two guest speakers comprised former Chief Justice Mr. Sarath N. Silva, who as he phrased it, was ‘the lone survivor of an impeachment motion in the country’ and was accompanied by, Mr. S.L. Gunasekera, present Senior Attorney in the Supreme Court. The speakers focused on the domino effect the impeachment had brought forth in the very provenance of Justice and laws in the country, ‘The Constitution of Sri Lanka’ also including the, far reaching and uncringing ripples that it may have on the present and future force of the rule of law in the country.

Former Chief Justice unmasked the entire constitutional elements of the impeachment trial and shed light on some of the sections, which because of their inherent ambiguity became the very vulnerabilities that led to the severance of ‘clear notions of justice’ from impeachment process. He further added that guilty or not guilty, the very process of the CJ’s impeachment is one that has undermined the inherent checks between the three equal pillars of democracy, the legislature, executive and judiciary and has given birth to a precedent that will poison and chokehold the might of law and independence of Judiciary in the country.

Senior Attorney Mr. S.L. Gunasekara in contrast to Mr. Sarath’s pure constitutional law perspectives gave a profound picture of the rigmarole that the state of law and politics has become, as a consequence of this impeachment. He focused exhaustively on role power plays in being instrumental to such events crystallizing and how invariably politicization of all decisions causes weighing of political interests over one another, while the actual adjudication ought to be on the principles of “justice, equity and good conscience” and the consideration limited in its scope to only one which incorporates the affects the aforementioned decisions on its citizens.

The floor was later opened to the house to ask questions to be answered by the speakers, which saw fruitful engagement of students on various themes like right to fair trial, the appointment of the new CJ and the future of the laws in the country to name a few.

To conclude, the event ended on a bittersweet note, because although every participant had gained far more awareness and insight from the Law talk, yet that awareness came at the cost of having to fathom the reality of the country in which we live. The reality being a divergence, from the vision of a free and fair country we all foresaw and of Sri Lanka being known worldwide as a great and powerful nation that respects democracy and all its citizens. However, to rephrase what Mr. S.L. Gunasekera said at the end of his speech, the might of public opinion is far more powerful that any arm-twisting by the government. So long as the people resist injustice or raise their voices on fora like the ‘Law Talk’, then change can still come. To add my own two piece of wisdom from the ‘Law talk’ the epiphany of it all could be summed as following, that, Democracy dies not by the hands of a power-ridden government or a corrupt judiciary or a prejudiced parliament, but by the silence of all its citizens.

* Paridhi Singh is presently working with the Attorney General’s department as a part of the United Nations Development project called “Access to Justice” and is pursuing BA.LLB. integrated law course in Jindal Global Law School, India.

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General

Dawood aide probed for LTTE hyperlinks

Mirza Mohiddin Baig was arrested in Colombo last year
Mumbai’s Anti Terrorism Squad is questioning a essential member of Dawood Ibrahim gang for alleged links with the banned outfit Liberation Tigers of Tamil Eelam (LTTE) to provide arms for terror activities in India.

ATS has sought a fresh remand for D-Business best lieutenant Mirza Mohiddin Baig, at present beneath Crime Branch’s custody, to query him in connection with terror links in the country.

Additional Director General of Police, Rakesh Maria, has confirmed to MiD DAY that Baig is becoming interrogated for terror links in India. He refused to give further details.

Baig, who was on the Interpol’s wanted list, had been arrested in Colombo on May possibly eight, 2009, following a long stint in Sri Lanka, and deported to India. The police had recovered 3 pistols and 18 live rounds from him.

Because then, the gangster had been in judicial custody until final week when the Crime Branch took more than, soon after his name cropped up once more after intelligence reports indicate that D-Business is procuring arms and ammunition from the remaining members of LTTE for operations in the nation.

Investigations by ATS and the Crime Branch give evidence that D-gang members have allied with the Pakistani Lashkar-e-Taiba for spreading terror in the country. Reports indicate that beneath the ‘Karachi Project’, terrorist organisations have been utilizing Dawood’s network in India for logistic support.

A few hundred of the LTTE core cadre have gone underground with massive quantities of arms and deadly explosive RDX following the Sri Lankan army stormed their bastion killing their leader V Prabhakaran last year.

Baig was arrested quickly soon after the operations.

Sources informed that Pakistani Inter-Service Intelligence operatives have covertly educated and armed members of LTTE to carry out attacks in India. Even far more so right after the Indian Peace Keeping Force was deployed in the Island because late 1980s.

Reports indicate that LTTE have also been selling sophisticated arms and explosives to the Maoist factions across the nation.

Baig’s questioning assumes significance in light of reports that LTTE is arranging to target the country’s Prime Minister and House Minister.

Police sources said that Baig could also be questioned for the alleged involvement of D-Firm, directly or indirectly, in the Varanasi bomb blast earlier this month.

Backgrounder

Baig climbed up the mafia ranks following he was operating illegal ISD facilities. Dawood’s second-in-command, Chhota Shakeel, soon created him the nodal person in Mumbai.
The gangster from Kortula in Karim Nagar district in Andhra Pradesh was assigned the task to deliver arms to D-Firm shooters in Mumbai, before he was arrested by the Crime Branch’s Criminal Intelligence Unit.

An AK-47 rifle and four imported revolvers were recovered from Baig for the duration of the raid on his hideout in 2000.

The gangster had then confessed of possessing links with gun suppliers in Bangkok, Nepal, Pakistan and Sri Lanka, a former Crime Branch officer mentioned. Baig soon jumped bail and escaped to Dubai and later surfaced in Colombo.

Rashid Malbari, an additional ace shooter in Dawood’s gang, was carrying out underworld operations from Sri Lanka.
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Categories
General

Onion Pickle

By Jayantha Kovilagodage
Sri Lanka onion prices to rise after Indian export ban
Dec 21, 2010 (LBO) – Prices of onions and leeks in Sri Lanka could rise after India’s decision to suspend exports of onions, a trade official said.

Pettah Wholesale Traders’ Association vice chairman Nihal Seneviratne said 90 percent of Sri Lanka’s onion requirement is imported from India and imports from other origins would be more costly.
India on Monday suspended exports of onions, a key food staple, after prices of the vegetable soared, adding to the government’s inflation woes.

Sri Lanka might be forced to import from sources like Pakistan, China, Egypt and the Netherlands, Seneviratne told Vimasuma.com, our sister news website. “Pakistani onions are not as good as Indian onions and they spoil quickly,” he said.

“To ship onions from China takes about a month and requires use of a refrigerated container. Therefore, onion imports from these countries will invariably be more expensive than from India.”

Even if the government reduces a 10-rupee a kilo import tax on onions retail prices cannot be reduced under present conditions, Seneviratne said.

Stocks of onions in the Pettah wholesale market were running low and Indian exporters had even taken back cargoes of onion already loaded on ships, he said.

Prices of onions grown in Sri Lanka’s northern Jaffna peninsula as well as leeks are likely to rise.

Sri Lanka imports 4,000-5,000 tonnes of onions a week from India which supplies about 60 percent of the world requirements of onions.>> Full Story

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General

Lessons from President Premadasa for Sri Lanka’s existing leadership

There are many lessons from the rule of President Premadasa that will help to avoid repetition of making the same mistakes if properly adhered to. The quality of governance has deteriorated over the years and it is unlikely to change unless the present culture of governance carried down by successive governments and politicians does not change. Let all politicians remember that all governments have ended up falling short of people’s expectations because they have removed themselves away from the people trusting in only their henchmen of advisors and no sooner governments moves away from the masses it becomes the beginning of the end.
The culture to depend on the underworld and goon squads have passed down from one government to the other resulting in unnecessary bloodshed and a spate of criminal activity that has brought the country into disrepute over the years. Until such time this trend to depend on thugs ceases to be we are unlikely to bring any semblance of good governance to Sri Lanka since the law of the country needs to apply to all equally and officials implementing laws should not have to bow their heads down to lowlife gangsters who thinks they can brandish a weapon and people have to worship them.
Sri Lanka’s mobsters
Gangster rule and good squads started with the UNP and its legacy has continued unabated. The Wikipedia has a separate of Sri Lankan mobsters starting out with Gonawala Sunil involved in a spate of activities including rape of a 14 year old girl for which he was given a presidential pardon by then President J R Jayawardena and ended up obtaining an all-island justice of peace and bodyguard to Mr. Ranil Wickremasinghe then Minister of Education. Need we say more about the culture that was being slowly created. Then came Sothi Upali said to be a close ally of Sirisena C, then Minister of Housing under President Premadasa. Sri Lanka’s police had to address Sothththi Upali as “Sir”. Taking over from Soththi Upali was his arch rival Chintaka Amarasinghe who is said to have been aligned to the People’s Alliance. His brother Dhammika Amarasinghe is said to have had a hand in over 50 murders and countless bank robberies and as is always the case when their notoriety gets too linked to their patrons they end up being gunned down to conceal that links. Then comes Kalu Ajith who killed Chintaka Amarasinghe and was killed by Chintaka’s brother Dhammika. Next to enter is Kaduwela Wasantha who after a decade of terror was gunned down by another rival Karate Dhammika. We will all remember Baddegane Sanjeewa who was a police sergeant for President Kumaratunga. The other notorious underworld figures with fascinating names are Moratu Saman, Thoppi Chaminda,, Nawala Nihal, Kalu Ajit, Vambotta, Olcott, Thel Bala, Kimbulaela Guna, Dematagoda Kamal, Colum, Anamalu Imtiaz, Potta Naufer, Neluwa Priyantha, Kudu Lal and the latest to enter Julampitiye Amare.
The Good and Bad of Premadasa
If no human is perfect then no leader is perfect either. In the case of a President there are certainly good times and bad times though no leader can make the entire population happy with the decisions taken.
It is good to wonder how much of the legacy Premadasa had to deal with was of his own making. If we recall the late 1980s and early 1990s it is nothing but bloodshed and gruesome killings with a country torched from North to South. It was Ranjan Wijeratne who took on the task of eliminating the JVP which gave a sigh of relief to the people of the South though many innocent Sinhala youth perished as a result. No human rights organizations cried foul play not even the local NGO bandwagons or their mouthpieces.
It was J R Jayawardena who introduced neo-liberal economy to Sri Lanka which Premadasa continued while also carrying out his own program of bringing the villages to a reasonable level and managed to transform the UNP often described as the party of relatives into what he termed a people oriented party. He deregulated trade, financial services and privatization, he created massive zones of small industries giving employment to women in rural villages through garments, shoes, toys and revived tourism. He had started well over 15,000 small industry-based projects all over the island.
What no leader has been able to match was Premadasa’s passion for precision and his attention given to details. He work up at 4a.m. did his yoga, read the newspapers and would even call his staff and ask for updates and no one could say “later”! – he was behind every project personally monitoring and supervising them and never forgot a single project he started. During Premadasa’s presidency not a single Government office was spared unannounced visits and all offices were clean and staff always on alert not knowing when the President might walk in. After Premadasa, the Government offices have cared little to continue those good practices and most offices function in a don’t care attitude.
Where did Premadasa go wrong. Coming from humble beginnings and working his way up the political ladder it was natural that he would suffer internal complexities which were manipulated by the people he kept around him as his inner circle. However those economic advisors did not want to make real Premadasa’s vision of making the poor richer and instead the rich got richer and the poor got poorer and people started to develop hate for the man they hoped would change their future.
The lessons
A leader is brought down by his advisors and it is no different in the case of President Premadasa which reiterates the need for the present leadership to be wary of those they solicit advice from. It was the rumors the tales and lies fed into the ears of President Premadasa that turned an iconic figure into a demon distancing him from parliamentary colleagues, sane advice by surrounding him with henchmen who turned Premadasa into a dictator killing off all opposition. In a country as small as Sri Lanka once sealed as a dictator it is difficult to remove that name from people’s minds. The poster mania started with the UNP and there was never an empty wall without a picture of Premadasa, the culture of news reflecting only politicians and their daily openings is another factor that has been carried down by successive governments over the years. Street smart, Premadasa definitely was but it takes far more to lead in a world where leaders are led by greater leaders. It is for this reason that leaders need to have intellectuals who love the nation and its sovereignty advising them and certainly not intellectuals ready to hand over the nation to foreigners.
While we cannot forget the manner that President Premadasa stood up against India demanding that the IPKF pack their bags and leave forthwith was overshadowed by the manner he lavished arms to the LTTE which killed countless innocent civilians and troops. We will not forget the lives of 500 innocent policemen who had to give up their arms on instructions of the Premadasa Government and watch each comrade being shot by the LTTE. It is said that President Premadasa had even threatened India that he would abrogate the 1987 Indo-Lanka Agreement and we wonder why he did not. The public have had enough of threats made to only please the public. It is now time for action.
Premadasa’s tenure of leadership was certainly marked with highs and lows and the manner that people celebrated his death with crackers and fireworks does not project any of the good he did during his 5 years in office as President. It does convey perfectly to all future leaders that people forget the good and will judge only on the bad and this is a lesson that needs to be remembered and not ignored. Leaders who accept this fact with a don’t care attitude are in for greater shocks.
Premadasa led a country in one of the most violent phases of Sri Lanka’s history. His advisors manipulated his paranoia, his weaknesses were tapped turning him into a man hated by the masses. He compared himself with great Dutugemunu and his closest confidant became the second most powerful man in the country but a man whose connections to LTTE terrorism remains to be investigated to understand how terrorism was created in Sri Lanka and why it remains a threat to this day with his connections to the Tamil Nadu “Eelam factor”.
It is often the advisors that build up animosities amongst politicians creating political rivalries. We all remember the animosities that prevailed between Premadasa, Athulathmudali and Gamini Dissanayake and their advisors will know how they played one against the other.
We may also like to remember President Premadasa’s plead of innocence “You can assassinate me…but don’t assassinate my character…” claiming he had nothing to do in the murder of Athulathmudali.
The view of most during Premadasa’s rule was that “you cannot rule a country by killing its people” though he chased out the Indian’s he did nothing about the Provincial Council system and judged the PCs as a means of generating a political base which is the same situation unfolding currently.
We are well aware that regime change is a top priority in the political scene prevalent in Sri Lanka. The strikes, the protests are all part of the ploys being used to test the type of change to be further manipulated. These are all testers before the real plan is set into motion and is meant to test how a government is able to handle situations. Governments do not help the situation by playing footsy with governance by setting different rules of laws to favored people and the malpractices building up over the years end up creating a mass of people unhappy with the type of governance not helped in the least by media which is often anti-government projecting situations far worse than what they are.
Devolving powers is not the answer
It is therefore upto the Government to face the situation realistically without functioning in a state of denial. No regime change operators will touch a country that has its masses behind its Government. This is why attempts are afoot to make the Government and the leadership to be projected as dictatorial and unsuited to lead. The reaction is not to make the situation worse but to take measures to address these properly.
What is evident is that advisors have managed to make Sri Lanka’s leadership think that by devolving powers the war crimes probe will be swept under the carpet. This is nothing but a carrot being dangled to get the President to agree to devolution. Agreeing to devolution is to destroy the sovereignty and unitary status of Sri Lanka and it is a quicker exit for the President from power and will leave him forgotten in history as a man who defeated terrorism but destroyed the nation – and it will be nothing he can ever be proud of. Therefore, it is good for the President to start to move closer to the people for they would never allow the country to ever fall into pieces for any peace that external forces are promising. In a country that has summers and springs we do not need further springs! 
by Shenali Waduge

Categories
Domestic

Onion Pickle

Sri Lanka onion prices to rise after Indian export ban
Dec 21, 2010 (LBO) – Prices of onions and leeks in Sri Lanka could rise after India’s decision to suspend exports of onions, a trade official said.

Pettah Wholesale Traders’ Association vice chairman Nihal Seneviratne said 90 percent of Sri Lanka’s onion requirement is imported from India and imports from other origins would be more costly.
India on Monday suspended exports of onions, a key food staple, after prices of the vegetable soared, adding to the government’s inflation woes.

Sri Lanka might be forced to import from sources like Pakistan, China, Egypt and the Netherlands, Seneviratne told Vimasuma.com, our sister news website. “Pakistani onions are not as good as Indian onions and they spoil quickly,” he said.

“To ship onions from China takes about a month and requires use of a refrigerated container. Therefore, onion imports from these countries will invariably be more expensive than from India.”

Even if the government reduces a 10-rupee a kilo import tax on onions retail prices cannot be reduced under present conditions, Seneviratne said.

Stocks of onions in the Pettah wholesale market were running low and Indian exporters had even taken back cargoes of onion already loaded on ships, he said.

Prices of onions grown in Sri Lanka’s northern Jaffna peninsula as well as leeks are likely to rise.

Sri Lanka imports 4,000-5,000 tonnes of onions a week from India which supplies about 60 percent of the world requirements of onion

Categories
Domestic

Healthcare delivery: Lanka on top

Sri Lanka has once again emerged as the most successful country in South Asia in healthcare delivery, recording low indicators in Maternal Mortality and a high rate of Life Expectancy , ‘The State of World Population 2010’ (Report) issued by the United Nations Population Fund (UNFPA) said today.

According to the Report all other countries in South Asia, India, Pakistan, Bangladesh, Nepal, Bhutan and Maldives lag much behind Sri Lanka in respect of these important health and social indicators.

The Infant Mortality Rate per thousand births in India in 2010 was 52, Pakistan 61, Bhutan 41, Nepal 38 and Maldives 20 while Sri Lanka had only15 deaths which was highly satisfactory.

The Maternal Mortality rate per 100,000 births stood at a high 830 in Nepal while in India it was 450, Bangladesh 570, Pakistan 320, Maldives 120 with Sri Lanka only 58 mother deaths.

The life expectancy in India respectively for male and female was 62 / 66 years, Bangladesh 68 years for both, Pakistan 66 / 67, Nepal 66 / 68, Maldives 70 / 74 and Sri Lanka was 71 and 74 years.

The country with most dismal indicators in the world, Afghanistan records 152 infant deaths per 1,000 births and 1,800 maternal deaths per 100,000. The life expectancy in Afghanistan is only 44 for both sexes.

Some of the best countries to live in, Sweden, Australia and Switzerland, the Infant Mortality rate, Maternal Morality rate and Life Expectancy stood respective at 3, 3 and 79 / 83, 4, 4 and 79 / 84 and 4, 5, and 79 / 84.

Mrs. Lene K. Christiansen, UNFPA country director Sri Lanka, addressing the gathering at the ceremony held to mark the release of the Report said the Report makes the case for replacing the vicious cycle of crisis and underdevelopment with virtuous cycle of peace and stability.

“It is time to tear down the false barriers between crisis, recovery and development. Investing in the development soften the impact of crisis and natural disaster and whatever is invested during humanitarian response can become a solid foundation for development and rebuilding a society,” Mrs. Cristiansen stressed. Mr. Reza Hassaini and Mrs. Sunila Abesekara also addressed the ceremony.

Categories
Foreign Affairs

Sri Lanka ready to assist India in combating LTTE

Sri Lanka is to consider assisting India in combating the threat posed by LTTE elements said Minister of Media Keheliya Rambukwella.

Answering a query of a journalist at the Cabinet media briefing held in Colombo a short while ago (16), he said that Sri Lanka will consider on the issue if such a request is made and the country will share all its experiences in combating terrorism.

India is the neigbhouring country of Sri Lanka who has had strong ties for centuries mentioned the Minister.

The Minister mentioned this commenting on the very recent reports on LTTE attempts to take the lives of Indian Prime Minister Manmohan Singh and TamilNadu Chief Minister M Karunanidi. These details were revealed by the intelligence units of the country.

Categories
Foreign Affairs

Debate On ‘Para Dhemalā,’ Ethnic ‘Purity’ And Caste Ideology

Laksiri Fernando

Dr. Laksiri Fernando

When I read Charles Sarvan’s first article “Para Dhemalā,” I didn’t see anything objectionable although I sensed perhaps he was not interpreting Michael Roberts’ views on the subject correctly and also I couldn’t agree with his last paragraph which paraphrased Paul Caspersz saying “if one insists on the label “Indian Tamils,” then one should also speak of “Indian Sinhalese.” The paragraph was simply inaccurate. Otherwise there was much meaning and substance to what Sarvan said about ethnic discrimination and caste ideology.

When I was growing up at Moratuwa, almost at the center of the town, I cannot recollect anybody using the term ‘para demala’ even during the cataclysmic communal riots against the Tamils in 1958. Perhaps I didn’t hear them. I had several Tamil friends at St. Sebastian’s College, where I was initially studying, but even there it was not used to my knowledge. But ‘paraya’ was often used not so much at school but in the area where I lived and it was used as a derogatory term in anger or to spite someone who is not liked by you. It also had the connotation that ‘the other’ is inferior.

But even in our school books I believe the terms ‘para desin’ and ‘parangi’ were there and our teachers explained the meanings respectively as ‘foreign’ and ‘Portuguese’ also emphasizing they are not neutral but pejorative terms. In our area, (Sinhalese) people believed that there were two classes of Tamils, those who were called ‘Jaffna Tamils’ and the others, the ‘Indian Tamils.’ Some considered the first group as more or less equal, but not at all the second. But the majority considered both as ‘alien’ and also ‘inferior.’

Having read EW Adikaram’s “A Communalist is a Psychopath” (Jativadiya Manasika Pisseki) as an early teenager, the distinction or the discrimination worried or puzzled me. My effort is not to say that I have been free from any ethnic prejudice. On the contrary, I wish to admit that as a person brought up and socialized within a particular social context, I may have certain prejudices or biases unconsciously. But in my conscious life, I try my best to be free from biases or prejudices while at the same time not rejecting my given ethnic identity.

But the reason to write this rejoinder is not the above. With all respect to Roberts, I believe that there is something extremely significant in what Sarvan has pointed out in his initial article. That is the connection between ‘ethnic conception and caste ideology.’ This is not the first time I have said this. The following is what Sarvan has said.

“The context in which the word para was used, both at boarding-school, in Colombo and elsewhere; the accompanying tone of voice and facial expression, all indicated contempt, dismissal and rejection. Para was linked to Parayā (low caste) and that sufficed to convey meaning to me.”

What he relates is a personal experience, but what is significant to me is what he says as “the accompanying tone of voice and facial expression, all indicated contempt, dismissal and rejection.”

Where does this come from? My conjecture is that it comes from the age old caste-ideology with the accompanied conceptions of ‘purity’ and ‘pollution.’ This caste-ideology manifests among the majority Sinhalese in one way and among the Tamils in another. I am not saying that both are the same in practical terms, one discriminating the other on equal terms, but the ideological roots are more or less the same while there are other root causes as well.

Have I encountered the ‘contempt, dismissal and rejection’ as a so-called Sinhalese? Yes, something closer to that at least once and seen a similar behavior another time. But if I recollect the way the Sinhalese treat the Tamils or the Muslims, then it is almost uncountable. The different experience may be due to me being a ‘Sinhalese’ and moving primarily among the Sinhalese.

Among the Sinhalese, the influencing ideology remains as a ‘superior caste’ which attempts to subjugate a perceived ‘inferior caste.’ It claims ‘purity’ as a ‘chosen people’ by combining ethnicity with religion (Sinhala Buddhism) and attempts by and large to purge the ‘pollution’ through attempted ethnic cleansing of both the Tamils and the Muslims or even the Sinhalese Christians as outcaste.

Among the Tamils, the influencing ideology remains as a ‘distinct group’ also trying to claim a similar ‘superior status’ aligning with the brethren across the Palk-Strait. It also claims ‘purity’ and attempts to purge ‘pollution’ by cleansing whoever perceived as polluting its purity.

I am not saying, the caste or ‘caste-like’ ideology is the only ideological current among the Sinhalese or the Tamils. But often it becomes dominant and distorts ideological landscape or political thinking of the country. We sometimes patronize ourselves by saying or thinking that the caste system is dead and gone in Sri Lanka. But that is not simply the case. The caste ideology is well and kicking. Those who are most communal minded are probably the ones who are most caste minded.

I was recently writing an essay on human rights and the 1978 constitution and wondered why it is so much difficult for the todays Sri Lankans to accept universal human rights. My observation after some contemplation was that because they are (perhaps unconsciously) strongly caste minded. There is a perennial difficulty for many Sri Lankans to grasp and accept the concept of equality due to caste ideology. This may possibly change with the new generations. But that is not the case yet.

The dilemma that Sri Lanka faces in this connection is a historical one, connected with the state and ethnic formation. Let me quote only one paragraph from what I wrote in 2000 (Human Rights, States and Politics: Burma, Cambodia and Sri Lanka):

It is interesting to examine how the successive migrant communities from India, or other countries in the region, were absorbed into the society after the establishment of the Sinhalese ethnic state. Except in the case of Kshatriya or royal blood, it is evident that others were absorbed at the bottom of the caste hierarchy. At a very early stage of migration, those who came from Madhura in South India were absorbed as the service castes, who were supposed to function as artisans, craftsman, and manual laborers. The origins of several other so-called low castes in the country, e.g. fisherman and cinnamon peelers, can also be traced to the people who came from South India at a later date. What we can see here is a convergence between the ethnic divide and the caste divide.” (p. 59).

During 2002, when I was conducting some field research in the interior of the Kalutara District, I came across a caste called Demala Gaththera. Gaththera caste is one of the oppressed castes in the country, popularly believed a ‘low caste.’ The story was that when some Tamil migrants came to live in the area for some reason, during the early nineteenth century, they were called Demala Gaththera.

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Foreign Affairs

Torture And Trauma In Sri Lanka

Rajat Mitra

Dr. Rajat Mitra

Review of Narrative of Justice: told through stories of torture victims, 400 cases of torture from Sri Lanka, By Basil Fernando, published in 2013 by the Asian Human Rights Commission.

My first impression was that I was overwhelmed because of the sheer number of cases and the diversity of the ways in which people were tortured. What started sinking into me was the question, “What has happened as a result of all this? Has society taken notice of it?” How can people possibly stay indifferent after reading this?

Let this book sink into the consciousness of the people. Let people start talking about it. And as they start talking about it, they will find difficulty accepting that this happened in their midst. This is not something they can erase by saying it happened in the past. It is something which is very much there and will continue as a transgenerational trauma for the people.

These narratives of trauma will seriously affect the fabric of society even 50 years from now and affect how people become immune to happenings around them; until and unless there is accountability and people decide to act.

FB

It has been seen that until and unless we start accounting for trauma happening in our midst, it starts affecting every trade, every core, every part of society in different ways, and becomes a part of society like a cancer or virus and grow and grow. And until and unless people are made accountable – and I don’t mean accountable in the legal sense, I mean accountable in the moral sense, accountable in the sense of accepting it – it would be very difficult to call Sri Lanka a mature society at any time in the near future. If we see societies, in their growth and their evolution, they come to a point when they have to take accountability for their wrongs before they can become mature. We see that for any society to call itself a developed or mature society, at some point they have to account for the wrongs they have closed their eyes to. For example, America had to deal with the issues of slavery and the Vietnam War before they could cross over to the next phase.

To me, what I am reading in this book is appalling, it is abhorrent. I am an Indian, but when I see that this has happened right across from me, it makes me feel, ‘My God, how can we stay indifferent to it?’

The maturity of a society is a very important issue. What you find when you read through these cases is that the events relating to which such serious acts of torture have been done are trivialities. Somebody loses some small thing and then a person is brought to the police station. Without even asking them a single question, that person is tortured. Sometimes they are beaten, hung on a beam and, in recent cases, chili is put on their private parts and eyes. These acts are done by average law enforcement officers. Looking at this treatment from the point of view of a human being, we understand that there is something radically wrong. They do not seem to feel critical, they do not ask, ‘Should I do this kind of thing?’ Nobody seems to be asking that question.

We are not seeing something new. The only thing about this book is that it has recorded something that has been going on for a long time, virtually since a policing system was established. In the modern sense, a policing system comes into being in Sri Lanka only with the British. They celebrated their 146thth anniversary for the formal start of the policing system recently. Ever since that time, there has been a big contradiction involved. On the one hand, this is the way through which you introduce the idea of justice; if a murder takes place, there should be justice in court. Justice meaning justice for the victim, and also justice for the accused. On the other hand, at that very same point, law enforcement agencies began to do very stupid things and seriously affected the legal process. This has gone on for so long.

The fact is that, at the moment, people are immune, and not necessarily due to fear. Fear may play a part due to insurgencies in recent times, but police torture did not begin with insurgencies. Endemic police torture began much earlier.

When the book was published, we were not revealing anything that anybody didn’t know. The book puts in print form what many people haven noted. They may not have noted it in detail because people tend not to look at some issues, so the book gives an enormous amount of details.

The book is, first of all, a collective. When you read an individual torture case, the human mind brushes it aside. It is very difficult to stay with it. The next thing we do is deny its significance. We say, ‘Oh, it was an individual case,’ or we somehow rationalize that the person deserved it. This book puts cases together, which makes many people say, ‘All these people who were tortured, they did not deserve it.’ There are so many cases, so many – I was trying to see why they were tortured; it seemed to be for trivial reasons, it didn’t make sense. They could have used simple questions. ‘Did you do this?’ ‘Did this happen?’ People are tortured about the most trivial, most inane things.

A book like this makes it very difficult for people to discount and dismiss torture. Torture rests on the denial of society. I would say that the more we have thicker, fatter book, the more we have collectives, the more it will shake the conscience of people because you sometimes need a big impact in order to shake people up. Individual cases, five cases or ten cases do not do that; but if you have five hundred cases, one thousand cases, then it shakes you up. Simply speaking, it makes you ask, ‘What is happening in our society?’

Even the most pessimistic person would say that at least 90% of the people in these cases did not do anything close to deserving this treatment. The most common reason I have seen for the acceptance of torture is the belief that the tortured person was probably a thief or a terrorist, or in some other way somehow deserved it.

This kind of a book cuts across that whole argument without explicitly saying so.

Another issue is the overall effect on society from the behaviour of the police. Here you have a seriously disturbed police/society relationship. To my understanding, it is not something that is going to go away, because it has been established on a mass level.

In societies that have such a mass level of torture by the police, there is a serious rupture in the law enforcement and in the concepts of justice and society, because most people only see justice through the prism of the police.

If I look at police torture behaviorally, one of the things I notice is that when policemen torture regularly it becomes a part of them and even when they are just talking, even in inane conversations, there is some aspect of torture coming through.

When I was asked by the courts in India to do interviews in prisons and detention centers, I would often have the following experience: I would be interviewing and making some progress. A police officer would enter the room just to find out what was happening and I would say we were talking. (Whether it was a suspect or a witness, it was immaterial.)  He would say something to the effect of, “Oh, they haven’t told you everything yet?” and he would go and slap them hard. It would happen right in front of me and I became quite particular about sitting in such a way that I was blocking the door so that they wouldn’t be able to go to the person straight away. They would move so fast after asking whether the witness or suspect had told me everything.

This interaction would be about several things: the person has wasted my time, police time, and he has no right to do so; and a slap or a hit is something that is very natural, so why shouldn’t I? This officer, not someone who has been involved in the interrogation or investigation, would think that because he has slapped the person I was interviewing, that person would tell me everything. And since I can’t and won’t slap – I was known to the police as a gentleman talker, they would laugh about it –  this would somehow be the last straw that would make the person talk.

And then the officer would immediately turn back into themselves, and they would say, “Dr. Mithra, why don’t we go and have a cup of tea? I have given them something to think about.” He would turn to the person and say, “We are coming back in five minutes and I am going to show you what I can do.”

It would ruin everything. Whether the interviewed person is innocent or guilty, no person deserves to be slapped or talked to like that. It has become a part of these police officers. Slapping has become a very routine thing for them. They cannot talk without slapping.

The same thing happens to policemen who have had no formal training, who are corrupt, and where the system for the rule of law has completely fallen apart. There is no notion of what they are supposed to do with a suspect or a victim, except that they need to use brute force in order to get at whatever they want; and they seldom want the truth. People who search for the truth know that violence is divorced from truth. Violence and truth never go together. With these policemen, violence has become an integral part of them.

These people, when they are called up – if a cycle has been lost or something similar – automatically start with violence. That is a sign of a sick police force and its sick relationship with society.

Any sane society needs to look at it very seriously. The situation is comparable to India and Pakistan, where the police is also very sick.

What we see from the police is a very mechanical and reflexive reaction to suspects and how they should be dealt with.

It is possible to deduce some things from the behavior of a policeman who assaults interviewees, as mentioned above. Firstly, it is clear that he is not a thinking being. He is not observing anything. A rational person who wants to know what is happening would ask how it is going, would ask if he could talk to me privately. These officers would do none of that. They would just walk in and slap. It is a person who is not a thinking being, who has no value for truth, and who is not compassionate at all. Interestingly, when I would talk to them about compassion, they would say that a policeman should not be compassionate. I would say that you can be tough and yet compassionate.

What we are seeing is a model. A model has been inbuilt into these people with certain ideals. An ideal, for example, of not being compassionate. ‘If I am to achieve anything, I should not be compassionate. I should be tough, physically tough.’ It’s a kind of model within which thinking has no place.

Thinking has been replaced with violence. There is no place for thinking, exploring, finding out. I think that the police force should be able to think clearly. It scares me because, for police who cannot think clearly, the only recourse left to them is violence and to go about things in a tragic way.

The second issue is compassion and it is very interesting that, in many interviews with suspects, they disclose information only if someone is talking to them compassionately. It doesn’t mean condoning anything. I have to be tough and go about finding information, but I can understand why they may have done something, how they may have been brought up. Many people share more when they speak to someone who they think respects them. Police officers, particularly the ones in charge of interrogation, may do well to learn this principle. Then torture would go down significantly and they would be much better at solving their cases.

Training

The above idea of teaching interview skills is, of course, in line with our ideals; the ideals of rationality. However, if we try to understand what has happened to create a situation like this, some other problems come to mind. Although we say that, from the point of view of proper training, there have been no interview and other skills taught, there has actually been a kind of training going on. It is a training that is based on officers from the earlier generation; when a young man comes to work, he is trained like an apprentice. On the job training.

They are brainwashed and conditioned into accepting certain ideals, which should be brought to the surface more. They believe that when they are dealing with criminals, they need to give up the idea that violence is bad. In this particular job, they tell themselves, violence is valid. There is a big contradiction in their whole philosophy. The law enforcement officer is supposed to eliminate violence in the whole of society. But they have an idea that that can be done only through violence.

What is the cultural model here? We are not dealing with abnormal people or anything like that. We are dealing conditioned people who have gone through a long period of training – a different kind of training, true – but with different kinds of ideals.

The training in the South Asian context has primarily been about law and order. It has never been about investigation. The police have neither been taught nor know that their goal is supposed to be to value truth. The younger officer always learns about torture from his senior officer. He sees that the only thing that can save his skin is a confession. It doesn’t matter whether the person confessing has done anything or not, they just want the confession.

There is a formula that is used in investigations. Fa + L = C, where Fa, ‘force of assertion’ plus L, ‘leverage’, equals a confession. In that, the more force the officer applies onto a person, the more likely that the officer will get a confession for himself. And the officer learns that this is how he can do well at his job, how he can excel, so he feels he needs that confession at any cost. Truth is actually the biggest casualty and nobody bothers about that.

Once they have the confession they have to move onto another case, but the goal is just that, the confession. The role model for that officer is the senior police officer. You can see that the senior police officer has been trained by his senior officer and, if you asked them, they would say that nowhere along the way has anybody taught them the rules of scientific investigation or about how to conduct interviews and interrogations. These things are not known to us in the South Asian context. I have observed training sessions in several police academies and when I asked the trainees and officers which model they use for investigation, they would say, ‘What models are you talking about?’ There are well established models that are used by other police forces but they are not used much in South Asia.

For example, there is a model called the Reid model. It is a seven stage process where you lead a suspect through different stages to see whether they have done it or not, and at the end the closest you can come to is ‘yes, there is a possibility that he may have done it.’ You leave it there because you know that there is a possibility that you may be wrong. This is an area that is highly subjective, emotions are very volatile, and where your bias can affect you. What you see from this book is that there is nothing remotely like this used when dealing with suspects – or rather, in dealing with any person who is called to the police station. What they actually do is completely crude and, in a way, inhuman and barbaric. What scares me is that these officers are actually bigger criminals than the criminals outside. So are people going to say that they are managing their society with these people? Because someone whose thinking is warped can’t solve problems, someone who has no compassion for people should not be doing such an important job. How can a sane society be expected to have a police force like this? That is the question.

What this book does is to provide a considerable amount of evidence on a cultural model.

It establishes how normative it is, how deeply it has gone in, and it completely ridicules the idea that torture is linked with terrorism, ethnic violence or any other serious issue from which society faces danger. I mean, does society face a danger from someone who is suspected of stealing a bicycle? It is ridiculous. If you are taking torture to that level, it completely debunks this idea that torture is essential for maintaining society, for protecting it from terror or anything like that.

This is plain inhuman violence that they are doing to their own people.

The title of this book is Narrative of Justice. It is essentially a narrative of the absence of justice in the process of investigating crime. If we take it deeper, in the cultural model, something further gets revealed. In most of the cases, people are taken in for trivial matters. But then what we find is that, when it comes to serious crimes, these very same people don’t use the same method. There is almost an indifference to dealing with crime. Taking two examples from Sri Lanka: A DIG of police has now been arrested because he took three million rupees to kill a businessman, who had taken some 30 million rupees from another businessman. That businessman hired a policeman to assassinate the other. Another example: there was another case where one politician, along with a gang of drug addicts, shot at a group of people, including a prominent politician, and five people died. He is still a Member of Parliament.

In both serious criminal cases, nobody used violence on them.

The police keep a certain façade of doing some activities, filing cases, getting some confessions, and then putting them on paper. Whether, after three or four years, someone is acquitted etc., nobody is bothered. In virtually all these 400 cases, there are no trials. They don’t go that far. They aren’t bothered. They have to pass through the moment when there is a report of a crime. Some reports have to be filed about it so they get their promotion and they can remain in their job. If they don’t, they get into trouble. Within this cultural model, justice seems to be completely absent, and that is more shocking.

Torture is most often not used in serious crimes; rather, it is used for when someone is suspected of a petty crime. For serious crimes, crimes of mass violence or political crimes, the police hold off until and unless they feel that they have sufficient backing in case things go wrong. They tread carefully in those cases. When it comes to small crimes, most police officers are much more bothered about the numbers. They always say that there should only be a small number of crimes in their area – and by crimes they mean petty crimes. That is something that they think they can reduce by creating a climate of fear.

One of the most common things they say in India is, ‘They are no longer scared of us.’ They confessed and lamented about that to me when I was working there. ‘People are no longer scared of us.’ Making people scared of them has been the most dominant tool in their hands, and the more they use that indiscriminately, the more they are successful police officers in their own eyes.

It is partly about the numbers. The more they do it to a larger number of people, the more that they are successful police officers in their own eyes. Their self-image is much better if they have done it to a larger number of people.

In a police officer’s thinking, it would go like this: today, if I have slapped 10 boys, then I have done my job. But if I say that I have slapped one person who is involved in political crimes, then that doesn’t fit very well. So how many people have I slapped, how many people have I beaten, how many people have I put fear into? This is one of the primary ways a police officer actually retains their self-esteem in our countries. The number here matters a great deal.

We are dealing with something very serious. Something very deep, culturally; even the model of how police measure themselves. However they were beforehand, once they enter this work and become integrated into the system, their own self-image undergoes a transformation.

They have to slap, beat, torture people in order to be good at their job, and this is the way they to be a successful police officer. This is what is told to the new people who join by their seniors.

It is a police force who cannot actually be part of a sane society in any way. They cannot talk without violence; they cannot talk without slapping or hitting. A police force that cannot talk properly is a very sick police force.

What we are actually confronted by in this book and other evidence is the need for a complete shift of orientation in the policing system. In other words, it is not about crime investigation that you have to first agree on. First they must ask, ‘What is this for? What are the social objectives this serves?’ When those objectives are changed, then new kinds of models develop, people are trained and people operate within that model.

But we have created a certain model years ago, maybe by accident. Maybe they couldn’t run a system – when these systems were introduced by the British, they were a colonizing power and they had limited resources, and their own thinking was limited in their own countries, where there wasn’t policing as it is today. We should approach this problem by searching for what the cultural model is here and why, rather than to find a few patches of this or that solution. What is first needed is a societal discussion.

In India, there are two kinds of police stations. Some are old police stations, and some are the new ones coming up. How do you separate the two? The old ones only have police barracks. Why? Because during the British times, colonial times, and after, it was felt that it was best to separate the police from the local people as much as possible. If they were closer to the local people, they would be more compassionate. That was not allowed. Changing that idea in India has been a very tough issue. We still have some who say, ‘No, it should be separate, they should not be allowed to meet.’ Even today, some think that police are not supposed to mix and deal with people except for the purposes of spying and collecting information. They are not really supposed to try to understand because that is supposed to make you very subjective and very weak inside. You have a situation in the whole of South Asia in which there is a very deep rooted malady, where the police force is trained to produce only fear and psychosis in the population. That is what needs to be attacked in order to create a sane society. The longer it remains, the longer society remains unable to heal.

This book goes further than the police and goes into insights into the overall society. There are things that, in the modern sense, would be called ‘insanity’ and we somehow pretend to accept them, pretend not to notice, and we carry on. There is something sick and deep, and this can be the beginnings of a discussion with this kind of evidence placed in front of people. This requires very serious thinking about the society itself.

When the police is unable to discharge its functions, the society is one step closer to cracking down again, closer to anarchy, tribalism, baying for the blood of people, like what you see happening in Dehli recently with all the mass demonstrations taking place. Nobody trusts the police; everybody sees them as corrupt.

*Dr. Rajat Mitra is an internationally reputed Indian Psychologist

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Foreign Affairs

Sri Lanka Never Understands Sane Advices

Veluppillai Thangavelu

Veluppillai Thangavelu

Shivshankar Menon, National Security Adviser of India, visited Colombo from 8 – 9 July, 2013 to participate in the 2nd NSA-Level Meeting on Trilateral Cooperation on Maritime Security between India, Sri Lanka and the Maldives.

Although security conference was the main purpose of Shivshankar’s visit, he also took the opportunity to convey India’s concerns about attempts made by the Sri Lankan government to dilute 13 A by robbing provincial councils powers over land and police. 13A came about through the Indo-Lanka accord in 1987. India is insisting that the 13A was part of a joint agreement and any changes being made should be first discussed by both countries.

At present, Provincial Councils have certain powers over State land. Under paragraph 1:3 of Appendix II of the Thirteenth Amendment, alienation or disposition of State land within a Province to any citizen or to any organisation shall be by the President but only on the advice of the relevant Provincial Council. It may be recalled that in the case filed against the former President, Chandrika Kumaratunga, for transferring state land to Water’s Edge Golf Company, one of the grounds on which the Supreme Court bench headed by Chief Justice Sarath Silva held that the transfer was illegal was that the advice of the Western Provincial Council had not been given. The Government is now considering deleting the requirement of advice and also taking back many other land powers devolved.

Although Police powers have been devolved to a certain extent by the Thirteenth Amendment, Provincial Councils are unable to exercise those powers as the Police Commission Act, No. 1 of 1990 which provides for the establishment of a National Police Commission and a Provincial Police Commission for each province has still not been brought into operation by successive Governments. The government wants to completely take back Police powers.

On 14 November, 1987 the Sri Lankan Parliament passed the 13th Amendment to the 1978 Constitution of Sri Lanka. It was certified on 14 November, 1987. The Act recognized Thamil an official language and English a link Language and established Provincial Councils. Provincial Council Act No 42 of 1987 laying down the procedure to be followed in Provincial Councils was also passed.

Under the Thirteenth Amendment, if a Bill on a subject devolved on Provincial Councils is to be passed by Parliament, the Bill has to be referred to all Provincial Councils for their views. If all Provincial Councils agree, then the Bill can be passed by a simple majority. However, if one or more Provincial Councils do not agree, then the Bill must be passed by a two-thirds majority if it is to apply to the provinces which did not agree. If passed only by a simple majority, the Bill will be law only in the provinces that have agreed.

The government now wants to amend Article 154 (G) 2 and 154G (3) of the constitution that sets out the procedure for making any amendments to the provincial council’s list of powers. If this is affected, it would make devolution completely meaningless and a mockery.

There are 11 sections to the 154G and most relevant in this respect are Sections (2) and (3).
Section (2) reads as follows:

Article 154G (2) – this provision requires a Bill to amend or repeal any provisions of the 13th Amendment to be referred by the President “to every Provincial Council for the expression of its views thereon”. If “every Provincial Council agrees to the amendment or repeal” such a Bill could be passed with a simple majority. On the other hand, if “one or more Councils do not agree to the amendment or repeal” such a Bill needs to be passed by a 2/3 majority.

Article 154 G (3) is similar to 154G (2); it deals with the Provincial Government List. It is couched in the same mandatory and prohibitive language as Article 154 (G) 2.

Under the heading “Statutes of Provincial Councils,” Section (1) says “every Provincial Council may, subject to the provisions of the Constitution, make statutes applicable to the Province for which it is established, with respect to any matter set out in List 1 of the Ninth Schedule (hereinafter referred to as “the Provincial Council List”). This statute making power is important and without this power the Provincial Councils are not institutions of devolution of power.

The demarcation between devolution and decentralization rests on this matter, if otherwise or without this power the Provincial Councils would be mere instrument of decentralization only.

After holding talks with the government, including President Mahinda Rajapaksa, National Security Advisor Shivshankar Menon is apparently returning home empty handed like others before him. The government is in no mood to give any concessions although President Mahinda Rajapaksa during and after the war promised full implementation of 13 A plus. However, he never spelt out what 13 A plus means. While domestically playing the “patriotic card” he continues to dupe the countries that helped him to win the war against the LTTE on devolving power to Thamil people.

Now a concerted campaign of disinformation is carried by the Sri Lankan government to create a fear psychosis among the Sinhalese about provincial council system that has been in existence for 26 years. The LTTE spectre is also resurrected by ultra-Sinhala chauvinists who claim that a Northern Provincial Council controlled by the Thamil National Alliance (TNA) will lead to separation. And what Prabhakaran failed to secure Thamil Eelam through bullets the TNA will do so by the ballots. It is also claimed that the Provincial Council system is a white elephant. All these objections are raised only after the government was forced to conduct elections for the Northern Province Council after a lapse of 23 years!

Hard-line Sinhalese racists also claim that Sri Lanka was forced to sign the agreement under duress without consulting the people (read Sinhalese) following dropping of dhal bombs over Jaffna by the Indian air force fighter planes!

Both during and after the war ended India has repeatedly stressed its expectations that the Sri Lankan Thamil community would lead a life of dignity, as equal citizens. And India would make every effort to ensure the achievement of a future for the community marked by equality, justice and self-respect. But those expectations appear to be in ruins.

According to news reports Mahinda Rajapaksa categorically told Shivshankar Menon that he will proceed with his own agenda. He has told Menon the Parliamentary Select Committee PSC) will deliberate on the proposed amendments, if any and he will abide by the recommendations of the PSC. As for his earlier promise to implement 13 A fully, he said that promise was for the people (read Sinhala) and not for India, UNO and the international community.

In the meantime Mahinda Rajapaksa’s sibling Gotabhaya Rajapaksa, Secretary to the Ministry of Defence and Urban Development, has spoken his mind in an interview to the government mouth piece the Daily News. Unlike others he does not mince his words. He has rejected devolution and wants the total abolition of 13 A, of course for the wrong reasons. Below is some extracts from his interview:

“…It is nothing but true and correct that in the North and East there must be the same percentage of the majority community. When 78% of this country comprises Sinhalese how does such a vast landmass in the North become 98% Thamil? Isn’t this unnatural? This was forced. Natural growth was prevented.”

“…No I don’t believe in devolution because of the above points I mentioned. If devolution is for administrative purposes that is of course legitimate. But if one thinks that devolution would provide an answer to the national problem that is something that I don’t agree with…I think that’s [the complete repealing of the 13th amendment] the way forward…”

“This again I see as a reaction to some of the claims and things done by the minorities. We shouldn’t let these things come out. Remember the majority community is 78% but if some 8% or 10% of the community tries to bring various issues all the time it creates a suspicion among the majority community. It creates insecurity within the majority community and obviously there will be sections reacting to that. This is what happened…” (‘I Deplore Any Form of Extremism’, Daily Mirror July 4, 2013)

In any other country the open exhibition of such blatant racism by any state functionary would have earned him outright dismissal. But, in Sri Lanka Gotabhaya Rajapaksa is adored as a Sinhala hero by Sinhala extremists! The UNP has openly accused him of financing outfits like the Bodu Bala Sena.

Gotabhaya Rajapaksa in his much publicised interview is openly calling for the structural genocide of the Thamil people. Racists like Gotabhaya Rajapaksa are unable to stomach the domination of Northeast by Thamils and Muslims who together form more than 80% of the population. Gotabhaya Rajapaksa wants to change the demography of Northeast. It is he who is behind the accelerated Sinhala colonization of both the North and East, especially the Northern province. To carry out his genocidal grand plan the functioning of the Northern Provincial Council is an obstacle. Hence his call for the total abolition of 13 A.

Mahinda Rajapaksa has stacked the PSC with his puppet Ministers who have openly made statements in support of diluting 13 A. Those Ministers who were against truncating 13 A have been left in the cold. That includes Tissa Vitarana who chaired the All Party Conference (APC) Rajitha Senaratne, Vasudeva Nanayakkara and SLFP strongman and MP Reginald Cooray. These Ministers boldly called the move to dilute 13 A a blatant attempt to scuttle devolution and assert Sinhala political hegemony over the people of the North.

The PSC is being boycotted by all the main opposition parties – the UNP, the JVP and TNA.  Even some of the partners of the UPFA coalition like the LSSP, CP and the Sri Lanka Muslim Congress (SLMC) are opposed to the exercise. Now, the PSC is largely a cabinet subcommittee of ‘yes men’ appointed to rubber stamp changes to 13A.

The UNP has decided against joining the Parliamentary Select Committee since the government had not clearly set out its stand on the future of the 13th Amendment. Unlike in the past UNP is taking a principled stand on the ethnic issue. It wants full implementation of 13 A.

J.R. Jayewardene is called an old fox for his cunningness. But, Mahinda Rajapaksa is more cunning than J.R. Jayewardene. After finishing the LTTE with Indian arms, radars, intelligence, training etc.  he is now biting India’s hands! He thinks he does not need India’s help anymore since China is at his feet! He has signed a defence agreement with China and apparently he perceives India as the enemy country.

It will be interesting to see the next move by New Delhi. India cannot keep on parroting the mantra that “Thamil community should lead a life of dignity, as equal citizens, and India would make every effort to ensure the achievement of a future for the community marked by equality, justice and self-respect” without concrete action.

It is time India acts decisively and backs words with deeds.  Soft diplomatic approaches, mostly behind the scenes engagements have failed to domesticate Mahinda Rajapaksa. He is determined to follow his own agenda to impose Sinhala hegemony over the Thamil people and reduce them to the status of third class citizens.

There are many options open to India. One option is to announce boycott of the CHOGM scheduled to be held in Colombo in November this year. That will send a message to Mahinda Rajapaksa that India means business. It can also take over Kachchatheevu ceded to Ceylon in 1974. It must be very clear to India by now that Sri Lanka never understands sane advices.

Prime Minister Mrs. Indra Gandhi understood the mindset of Sri Lankan politicians and read the riot act. But, sadly her successors have failed to follow her bold diplomacy and no nonsense foreign policies.

On July 05, President Mahinda Rajapaksa has issued a proclamation reconstituting the Northern Provincial Council. He had asked the Commissioner of Elections to hold elections for the Northern Provincial Council. The Commissioner of Elections has fixed July 25 – August 01 for receiving nomination and election is likely to be held in September 27, 2013.

As I write the TNA has not nominated its candidate for the post of Chief Minister, but ex-Justice C.V. Wigneswaran is likely the choice. (This article was written two weeks ago)

Mahinda Rajapaksa true to form will use the entire government machinery to win votes. The Sinhala army is already engaging itself in canvassing votes for the ruling party. Appointment of graduate teachers put on hold for years is taking place now. In June this year 1,300 Samurdhi Development Officers have been recruited for all districts in the Northern Province. One hundred Samurdhi Development Officers selected for Jaffna District were given appointment letters by Namal Rajapaksa who is the unofficial MP for Kilinochchi district. A few IDPs also will be resettled in their homes during coming weeks. Other carrots will also be dangled before the voters. However, these gimmicks on the part of the ruling party are bound to fail. There are thousand reasons for Thamil voters who live like slaves under a military dictatorship to vote against the openly racist government. They have been treated like dirt by the Sinhala army of occupation. Their self-respect, dignity and fundamental freedoms have been flagrantly violated.

Sri Lanka never understands sane advices. Late Mrs. Indra Gandhi understood this very well and took appropriate actions. It appears India is running out of ammunition to deal with Sri Lanka.

As stated above, JR was called a wily old cunning fox, but Mahinda Rajapaksa is more cunning than his predecessors. The UNO let him go scot free not once but twice! Not only did he benefit from LTTE’s unofficial boycott to win his election, but also finish the LTTE with Indian help!  Now that he has signed a defence agreement with China, Mahinda Rajapaksa calculates he does not need India any more!

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