An excellent piece in the New York Times today talks about ‘Monks Gone Bad’, describing a corrupt and violent Sangha that uses hate speech and abuse against minorities and is helmed by leaders who resemble fatuous politicians and not the ‘birds of the wing’ that the Buddha wanted his mendicant followers to be. I am not here to point out the contradictions between Buddhism as taught and Buddhism as practiced, the ingloriousness of Buddhist praxis nowadays is evident for all to see. I just wanted to point out that at every instance in that article where I saw Myanmar, I could have easily inserted Sri Lanka. For every instance where I read about 969 in the news, I can insert ‘Bodu Bala Sena’. About the only words that do not require replacing are ‘anti-Muslim’, ‘minority’ and ‘hate’.
As we all know, the police, together with the Bodu Bala Sena soon disbursed the vigil, arresting some, manhandling others, and collecting the names and pictures of most of the attendees.
The Bodu Bala Sena and its kindred run amok in Sri Lanka, like bullies in a school playground, and with not much more in the way of finesse. They hurl offensive invective towards religious minorities, and their words have resulted in quite a few violent incidents against Muslims ,and at least one against Christians, re-opening wounds in the country that are still struggling to heal after the 30 year war. They seem to operate in a space where Sri Lanka has not just lost so many lives, its economic development, and so much of its natural beauty to a long, long war. In order, perhaps, to call their attention to this, a peaceful vigil was held outside the headquarters of the Bodu Bala Sena. As we all know, the police, together with the Bodu Bala Sena soon disbursed the vigil, arresting some, manhandling others, and collecting the names and pictures of most of the attendees. Not only this, the Facebook page of the Bodu Bala Sena decided to ‘name and shame’ these attendees, causing their supporters to enact the most disgraceful bout of name-calling, verbal harassment and racist trolling that I have ever seen on social media.
One of the ‘points of order’ from the Bodu Bala Sena, its supporters and some of the media who covered the incident, was that the legitimacy of the vigil was in question because the attendees did not represent the Buddhist population, that many Muslims, Christians and Hindus were present. On Facebook, attendees are called out as ‘demalek’ ‘muslimayek’ ‘jathiyak nathe’. Indeed, an attendee tweeted that he overheard someone saying that the vigil was convened due to a ‘conspiracy of Muslims and Catholics’. So much for a critical understanding of religious history- perhaps the speaker would be better served from devoting his time to education rather than racist troublemaking! To each his own, however. It is altogether more worrying thing that this misrepresentation of the attendees was not only picked up by the media, but that it was also the feature of an article by Malinda Seneviratne, writing in the Colombo Telegraph. The good gentleman, from his considerable experience, no doubt, is able to discern a Buddhist from a non-Buddhist, and therefore writes an entirely unnecessary article that serves only to distance himself from standing with those who attended the vigil. In response, Dr Dayan Jayatileka – who is experiencing some changes to his tune- quite rightly pointed out the flaws in Mr Seneviratne’s argument, but did it in a manner that entirely calls attention to his own accomplishments and ‘stake’ in the manner. The riposte from Mr Seneviratne was then, to accuse the good Doctor of ‘throwing his CV’ at him. I ask you, gentlemen, is this really the response to what is happening in Sri Lanka? The actions of the Bodu Bala Sena, and the complicity of the government in them are grotesque enough without the debate being reduced to puerile attacks on each other’s logic.
If you have a voice that can be heard and that has gravitas, and you both have the great privilege of this, why not turn it more fully toward more constructive dialogue? Why not ask that the rights of those who attended the vigil be defended? Countless women- because the body of the woman is so carelessly mangled in these cases- are facing vile, misogynistic abuse via Facebook from the supporters of the Bodu Bala Sena. These men direct all their perverted, violent fantasies at these girls who really do not have much in the way of legal succour. After all, the AG has instructed victims of social media attack to file complaints with the police. Yes, the very same police who put the kybosh in the vigil. Why not direct more energy into rousing the non-English speaking Buddhists to speak out against the Bodu Bala Sena with less articles in places like the Telegraph which are read by the diaspora and the English speakers? Yes, the handicap at the vigil was that there were many who attended who were ‘English speaking’- but that does not make them any less Sri Lankan, any less Buddhist, any less angry, or any less valid in their protesting attacks on minorities. Give out your voice in solidarity with each other, with those who will question the validity of the Bodu Bala Sena, and in solidarity with what must be a better tomorrow.
*Anupama Ranawana is a wishful academic and a practicing activist. She can be reached for comment via Twitter @MsAMR25
In the event of the government facilitating UN Secretary General’s Panel to visit Sri Lanka, the Lessons Learnt and Reconciliation Commission (LLRC) will hear such representations on the basis of its Warrant and the usual procedures followed for such hearings, the LLRC said in a statement.
Following is the statement:
UN SG’s Panel
There have been some inquiries from the national media regarding a visit to Sri Lanka by the UN Secretary General’s Panel. Any decision to facilitate the UN SG’s Panel to visit Sri Lanka lies entirely with the Government of Sri Lanka. If a decision is made to permit such a visit the Lessons Learnt and Reconciliation Commission (LLRC) will hear such representations on the basis of its Warrant and the usual procedures followed for such hearings
Poddala Jayantha, Secretary of the Sri Lanka Working Journalists’ Association was abducted and assaulted on June 1, 2009. The ‘who’ and the ‘why’ of this attack is yet to be determined and I believe it is of little use to engage in conjecture.
On the other hand, this attack is not the first on a journalist. Over the years many journalists have been abducted, attacked and even killed. Some of these incidents have been investigated to conclusion and some have not.
I am not a member of any media collective. I believe that there are people out there who prefer quiescent journalists to relatively independent ones (‘an independent journalist’ is a non-existent creature) and I know that politicians are pretty sensitive creatures who for the most part don’t have what it takes to stomach criticism. At the same time, we have to keep in mind that journalists are hardly the saints they would like people to believe they are. Journalists are not above the law; they don’t enjoy any special immunity. They have enemies and not all of these enemies are in the Government.
We know that some arrests have been made. We know that Poddala Jayantha was quite an activist, even though one might not agree with the causes he championed or endorsed the policies his fellow-travellers.
Today, there are few, if any, who would stand up and say ‘this was wrong!’ when the news came that Poddala Jayantha had been attacked. Why? First, it was Poddala Jayantha who was attacked. He not only spouted nonsense on occasion regarding the situation in the country, but his organization had intimate dealings with forces that were actively operating to destabilize the country and give leg-room for the Tigers. Under these circumstances and especially after all such efforts have been comprehensively squashed, few would be ready to stand with Jayantha as per the basic civil duty of opposing anything outside the framework of the law. This is after all a period when everyone is a ‘patriot’ and when it is not easy to not be one.
Poddala Jayantha was never a patriot in the sense that he belonged to a motley group of disgruntled Enjoyists (NGO activists) whose livelihoods depended on bad mouthing the Government, the Sinhalese and the Buddhists. The organization he was associated with, the Working Journalists’ Association and its sister organizations in the sphere of agitation are moreover are currently in the dock (along with Jayantha and his pals Sunanda Deshapriya and Balasuriya) for perpetrating fraud. He was certainly a man whose hand can be held even in a moment of tragedy only with trepidation.
Let me repeat, I do not wish to go into the ‘who’ and ‘why’ of this attack. At the same time, one needs to remember that there have been strident ‘expose and kill’ calls regarding journalists and others deemed to have acted against the national interest. Such cries have been raised perhaps by a nationalist urge that has spilled over the boundaries of reason and the need to respect the structures that dispense justice in this country. A moment of euphoria cannot be grudged a nation that has suffered for 30 years under the shadow of terrorism, but that does not justify in any way the call for lynch-mobs.
I should mention also, that not all ‘patriots’ lighting crackers in the print and electronic media were exactly patriotic during those long years when one was called ‘war monger’ or ‘racist’ for saying that the LTTE must and can be defeated militarily. As my friend Shamindra Ferdinando observed in a good-humoured tone laced with a dash of irony, the media war was the private property of ITN and Rupavahini. Until they came into the picture, the media and journalistic fraternity in general was ‘unpatriotic’, they would have us believe.
This mindless ‘call for blood’ may or may not have precipitated this incident. It may be come from elsewhere, but it should alert all of us to the dangerous consequences of irresponsible journalism. On the one hand, a cogent argument can be made for arguments of the Jayantha-asked-for-it kind, even though, strictly speaking Jayantha was not a journalist and not even a working journalist but a person who profited from activism and a man who is under a shadow for defrauding organizations he is associated with. On the other hand, this lets-bypass-the-law attitude is the bread and butter of the worst kind of anarchy possible. We can’t afford it.
A recent post in the Colombo Telegraph by the ‘PM of the TGTE’ expressed solidarity with the Muslim community whilst “extending our fullest support to the Muslim people, we also extend our solidarity to the Muslim community, as a community whose mother tongue is also Tamil, asking them to join the Tamils in their struggle to build a secure future for all in the Tamil state”. The article was written on the back of rising incidents of attack against the Muslim community by extreme Buddhist groups.
I not only found this article laughable but highly delusional in the assumptions that the Muslim community would entertain any notion of an alliance with the TGTE, whose singular premise has been to extend the LTTE mantra and campaign on a separate Tamil state. Making this statement, the TGTE was not necessarily ‘concerned’ about the Muslim community per se, but it was aimed at showing the ‘intolerance’ of Sinhala Buddhist chauvinism. At quite a crucial time for Sri Lanka, during the anniversaries of the Black July pogroms 30 years ago, the article aims to draw parallels with then and now and to show that nothing has changed. Yet interestingly it seems to have taken the TGTE 4 years since the end of the conflict (and the occasions of these incidents) to publicly reach out to the Muslim community
At one level, it is rather presumptuous and hypocritical of the PM of the TGTE to call for solidarity with Muslims and to suggest that there is a secure future for them in a Tamil state. The experience of the Muslims with the Tamils has far from been the case. Without acknowledging let alone at least apologising for what took place in Jaffna and the north in 1990, with the ethnic cleansing of the Muslim community by the LTTE, the TGTE’s sincerity will be questioned and the notion of the safe presence of Muslims in a Tamil state is merely academic.
However it is not just the expulsions from the north that needs to be discussed. There are other elephants in the room that need to be acknowledged between the Tamils and the Muslims. Whilst the end of July was the anniversary of Black July, the beginning of August brought about two poignant yet painful memories for the Muslim community of the 30 year old war which apart from discussions on facebook, didn’t elicit much of a public response.
The horrific shootings at the mosques in Kathankudy, Batticaloa Province, in August 1990 by the LTTE is a painful reminder that the sanctity of religious places of worship is a stain on inter community relations in Sri Lanka and is not something that has been only violated by today’s proponents of Sinhala Buddhist extremism. Visit Kathankudy today and the physical scars of that day are just as visible as the mental scars.
Fast forward to August 2006, and the precursor to the start of hostilities between the government and the LTTE which led to the end of the conflict in 2009, triggering international protests around the world for the way it ended, the killing of civilians and treatment of displaced people. Almost 50,000 mainly Muslims were displaced once again by the LTTE from the village of Mutthur in the Trincomalee district, after leaflets were sent around the town by the LTTE in April of 2006 warning Muslim residents to leave, in a scene almost reminiscent of what happened in Jaffna in 1990. Despite this mass exodus of people from the town and being kept in refugee camps, the international outcry and remembrance will be for the 17 aid workers who were killed in Mutthur during this time. What is also little talked about apart from the actual displacement and the refugee crisis that ensued are the eyewitness accounts that talk about how LTTE cadres intercepted evacuees from Mutthur and separated youth from the group, executing them, with some dying as a result of government shelling.
Without such acknowledgements and recognition of such incidents, the rhetoric of TGTE and many other Tamil representatives (both outside and within Sri Lanka) ring hollow as they opportunistically ‘reach out’.
Of course the opportunistic hypocrisy is not just one sided. There are those in the reconciliation movement who will have to ask themselves some serious questions as they fail to address the trajectory of Sri Lanka currently. 30 years ago when the mobs came hunting for the Tamils, many Muslims were warned that their time would come. It seems recent incidents involving the Muslim community seem to be proving this statement to be true. In the week of the commemoration of the Black July anniversary, there was a lot of naval gazing and hand wringing as people not only openly apologised for the sins of their community but also spoke eloquently about the need for lessons to be learnt.
Yet a few weeks afterwards in the wake of an attack on a mosque in Colombo, seeming to put into action the threats from 30 years ago, it was evident that those laments were nothing more than just rhetoric. The deafening silence of many prominent Sinhalese activists (a large number of them Buddhist), especially those involved in reconciliation work, a large number of them friends (from the UK), has not only been disappointing, but frustrating and disheartening. In the height of the real challenge for reconciliation for the country, it was met with silence and inaction.
Thus in that light, the premise of the article the PM of the TGTE could be interpreted as right: The actions of the minority extreme Sinhala Buddhist elements actually reflect the sentiment of the majority. If that is the case, then there is no hope for any united Sri Lanka where anyone who is non Sinhala Buddhist can hope to live peacefully. One can argue whether that would also exist for non Tamils in the TGTE, but again that is academic.
There are many who argue that had they been able to, they would have spoken out or tried to help during Black July as lessons were learnt The opportunity that they missed then presents itself now. In the absence of any real effort to tackle ethnic and faith problems now, all the rhetoric of reconciliation (by all stakeholders) smells just of opportunistic hypocrisy.
If we truly want reconciliation, then we have to be consistent and at least speak out against any injustice perpetrated in our name.
*Amjad Saleem is the Head of Communications for The Cordoba Foundation, a Muslim-inspired ‘think and do’ tank which provides an alternative communication channel for thought leaders and policy makers on intercultural and religious dialogue, social justice issues and peacebuilding between communities. He is their lead on the Conflicts, Development and Faith Programme and on subjects including South Asia, conflict reconciliation and interfaith dialogue. Prior to this, Amjad was Country Director for British NGO Muslim Aid in Sri Lanka and Bangladesh. He has an M.Eng from Imperial College, London, an MBA from U21Global, and is currently pursuing a part-time PhD at Exeter University on faith in post conflict reconciliation. He has lectured part time at the University of East London and Lawrence Tech University in Michigan, and regularly contributes to online journals, websites as well as other media
When you announce that you are going to apply for media accreditation for a routine international political event like the bi-annual Commonwealth Heads of Government Meeting (CHOGM) you don’t normally expect a rash of death threats – or to find a senior diplomat from the host country threatening on twitter that he will “make sure you don’t get a visa”.
But this year’s CHOGM is no ordinary event. It is being held in Sri Lanka – whose government is accused of some of the worst war crimes of this century. A country marked today by increasing repression of its Tamil minority and a brutal clamp-down on any government critics, particularly among the press and the judiciary.
When David Cameron controversially announced that he would be attending CHOGM despite calls for a boycott, Alistair Burt, the foreign minister with responsibility for Sri Lanka, went on record to say: “We will make it clear to the Sri Lanka Government that we expect them to guarantee full and unrestricted access for international press covering CHOGM”
The omens for that “guarantee” do not look good.
I have now directed three films looking at the events of the last few months of the civil war. The first two were commissioned and broadcast by Channel 4, building on the work of Channel 4 News. The latest, effectively the culmination of three years of investigation, is No Fire Zone: the Killing Fields of Sri Lanka, a 93 minute feature documentary, supported by C4, BRITDOC and others. The films have had a huge impact, winning a number of awards, being cited by the UN and even seeing the team nominated for the Nobel Peace Prize.
In No Fire Zone we use some of the most disturbing video evidence ever recorded, to chronicle how, just four years ago, the Sri Lankan government announced a series of grotesquely misnamed No Fire Zones, encouraged hundreds of thousands of Tamil civilians to gather there for safety – and then systematically shelled them, also denying them adequate food and medicines. Perhaps 40,000, perhaps – as one UN report suggested – 70,000 or even more civilians died, most killed by government shelling. The predicament of the civilians was made worse by the Tamil Tigers who also stand accused of committing war crimes and of preventing civilians from escaping the No Fire Zones.
It is fair to say the government of Sri Lanka does not like me – or others who have reported the truth from Sri Lanka, including C4 News foreign correspondent Jonathan Miller or former BBC Sri Lanka correspondent Frances Harrison, author of a book of Tamil survivors stories.
But when I revealed that I intended to apply for accreditation to CHOGM (as I did when it was last held in Australia in 2011), it provoked an astonishing series of attacks. Comments published online included a series of clear death threats. One of the mildest, in response to my remark: “I trust the Sri Lankan Government will welcome me” read: “Absolutely white van is waiting at the airport.” White vans are notoriously used in the abduction of government critics and are seen as a weapon of terror associated with extra-judicial killings and disappearances.
Another comment said I was welcome in Sri Lanka “only to go back in a coffin”. And another said: “Callum Macrae – do not come to Sri Lanka. You will be abducted in a white van, and sent to meet Lasantha Wikremasinghe (sic).” Lasantha Wickrematunge was the editor and founder of the Sunday Leader – a respected newspaper critical of the Rajapaksa regime. He was shot and killed by unknown assassins in January 2009.
Then – a week ago, as I was touring with the film in Australia – Ambassador Bandula Jayasekara, a senior Sri Lankan diplomat in Sydney and former Chief media advisor to Sri Lankan President Mahinda Rajapaksa, issued a series of threatening tweets in which he said he would “make sure you don’t get a visa” and accused me of being “hired by (Tiger) terrorists as a full time propagandist for the blood thirsty terror group overseas”.
Indeed, far from condemning the death threats against me, he seems almost to be encouraging the climate of hostility and suspicion which lies behind them. Then last week the Sri Lankan government’s own media minister echoed his words saying: “press freedom… cannot be something that can be framed inside aiding terrorism or being a propagandist for terrorism. So, we will be 100 per cent cautious about who comes to Sri Lanka for CHOGM.”
As I write this the Sri Lankan government has issued a rather more conciliatory statement, suggesting that they will issue visas to those given accreditation by the Commonwealth Secretariat.
We shall see – and the world’s press will now, I hope, be watching very carefully.
*Callum Macrae – Director – No Fire Zone: the Killing Fields of Sri Lanka, www.nofirezone.org Twitter: @nofirezonemovie
The Committee to Protect Journalists is concerned about press accreditation procedures for the Commonwealth Heads of Government Meeting that will be held in Colombo, Sri Lanka, in November. At past meetings, the Commonwealth’s Communications and Public Affairs Division has been responsible for issuing permission to journalists to attend the meeting. And, as you know, the visa application process will soon be under way.
But press reports from Colombo have indicated that the Sri Lankan government intends to enforce stringent background checks on any foreign journalists covering the meeting, with the apparent intention of denying them permission to enter the country. A document recently released by the Sri Lankan government said that the authorities reserve the right to “exclude any person … and impose additional conditions of entry to Sri Lanka … regardless of whether or not that person is accredited.”
Journalists will be issued accreditation by a task force, which is a division of the Sri Lankan Ministry of External Affairs. The ministry has stated that credentials may be “withdrawn, suspended, or deactivated for any reason at any time.”
Ceylon Today reported that on Saturday, Media Minister Keheliya Rambukwella said authorities would be “cautious about who is coming” because some journalists have attempted to tarnish the country’s image under the “pretext of media freedom” and that they were a threat to the “national security of the country” and would be scrutinized before they are issued visas.
You are well aware, of course, of Sri Lanka’s abysmal press freedom record and the high level of impunity for those who attack or kill journalists. Even though the number of deaths under the current government has subsided, many Sri Lankan journalists have told us of continuing intimidation, and many admit to self-censoring their work in order to not fall afoul of the authorities. Others have told us of coming under threat because of their ethnicity.
Secretary-General Sharma, you have resisted calls for the Commonwealth to change the venue of the November meeting. You said in a June 29 letter published in the Sri Lankan Daily Mirror that the question for the international community was whether to criticize the lack of progress in Sri Lanka from afar or to make a practical difference. The paper quoted you as saying that the Commonwealth had opted for the latter option. You said, “We are active in Sri Lanka in advancing Commonwealth values, including human rights, the media, the judiciary and building mutual respect and understanding in communities.”
While we understand the value of engagement, if the Commonwealth cannot assert its own authority in asking for full media access to such an international event, the future for positive engagement looks bleak.
We ask you to ensure that the Sri Lankan government, which is widely known for its aggressive anti-press stance, does not prohibit access to foreign and local journalists who seek to cover the events surrounding the Commonwealth Heads of Government Meeting. Such an effort on your part would go far to show your commitment to advancing Commonwealth values of media freedom.
With best regards,
Commonwealth Director for the Communications and Public Affairs Division Richard Uku
Minister of External Affairs Gamini Lakshman Peiris
Minister of Mass Media and Information Keheliya Rambukwella
H.E. Kamalesh Sharma, Secretary-General, The Commonwealth, Commonwealth Secretariat, Marlborough House,
Pall Mall, London SW1-5HX, UK
CHOGM – 2013
I am writing to you with reference to a news item published in the Sri Lanka Daily Mirror of 29th June 2013. The story, captioned ‘Commonwealth wants to make practical difference in Sri Lanka’ quotes a letter you have reportedly sent to an unspecified recipient . In the absence of any contradiction or clarification from your organisation, I assume that the remarks are accurate. You are quoted as saying:
“The LLRC report was a home grown roadmap for achieving peace in a multi ethnic nation.The question for the international community is whether to criticise the lack of progress from afar in implementing that report or to offer and to make a practical difference. The Commonwealth has opted for the latter and the Sri Lankan government even now is identifying the areas where we will help. We are active in Sri Lanka in advancing Commonwealth values, including human rights, the media, the judiciary and building mutual respect and understanding in communities.”
The Commonwealth wanting to make a practical difference in Sri Lanka is indeed most welcome. However, for many of us who are living not afar but in Sri Lanka, we find it rather difficult to share your optimism as Sri Lanka seems to be moving away from the values which you claim that the Commonwealth is advancing even now. The day to day practical reality is that Sri Lanka continues to violate with impunity all 16 values of the Commonwealth Charter in varying degrees and we in Sri Lanka experience first hand the present Sri Lankan government’s contempt for democratic values, the rule of law and the sanctity of life.
In fact, Sri Lanka has slipped down to the 29th position in the ‘Failed State Index‘ compiled annually by the Fund for Peace and the Foreign Policy magazine. This year this drop is due to the deterioration of performance in 7 out of 12 categories, notably in the areas of human rights, rule of law, delegitimisation of the state, poverty and economic decline.
The human rights situation in Sri Lanka shows no signs of improvement and as ‘Lawyers for Democracy‘ stated in April, ‘the spate of deaths of persons while in Police custody is alarming. The casual manner in which the death of persons in police custody is being treated by the authorities is an insult to our system of administration of justice.’ The independent inquiry into the cold blooded execution of over 27 prisoners in November last year has also yet to materialise.
While hundreds if not thousands of complaints of serious human rights violations gather dust at the Human Rights Commission of Sri Lanka (HRCSL), the commissioner announced a few days ago that the commission will be probing into rail tragedies at unprotected railway crossings in the country! In the face of such cynicism, the workshop being conducted by the Commonwealth and the HRCSL in Colombo at the moment with the participation of your deputy, I feel, is an useless exercise in mutual deception. By conducting a workshop with the HRCSL you are conferring legitimacy to a human rights institution which has become yet another appendage of the executive since the 18th Amendment of September 2010 . This is in direct contravention of the Paris Principles, which relate to the status and functioning of national institutions for the protection and promotion of human rights. As the Paris Principles stipulates, ‘ the key elements of the composition of a national institution are its independence and pluralism. In relation to the independence the only guidance in the Paris Principles is that the appointment of commissioners or other kinds of key personnel shall be given effect by an official act…..’ However, all commissioners of the current HRCSL have been appointed by the President.
Lattimer House Principles are also being consistently and continuously violated. After the President forcibly excluded the legal Chief Justice, Mrs. Shirani Bandaranayake from her chambers and installed someone else in her place in January, the executive with his hand picked set of judges proceeded to scrap the violated court of appeal order. This order was ignored by the President when he removed the legal Chief Justice after an hurried impeachment trial more akin to the witch trials of the dark ages. The witch hunt against Mrs.Bandaranaike continues and she has been summoned several times to the Bribery Commission which has also now become yet another appendage of the executive arm since the 18th Amendment came into operation.
Today, it is a well known secret that all Judicial transfers and appointments are decided at ‘Temple Trees’, the official residence of the executive, in violation of the Latimer House principle which states that ‘ Judicial appointments should be made on the basis of clearly defined criteria and by a declared process.’
Another Latimer House Principle states that the ‘ interaction, if any, between the executive and the judiciary should not compromise judicial independence.’ Yet the new Chief Justice prefers to demonstrate his devotion and servility to the executive by being a frequent visitor not only to the President but to his brother, the defence secretary.
The judiciary is not the only victim of the erosion of law through disempowered institutions. Even the university administration has been made into useless appendages of the executive. For example, the University Grants Commission has now abdicated its powers and responsibilities under section 34(1) of the act to select and recommend one person for appointment by the President. It has now unlawfully clothed the President with authority to make his own choice of Vice Chancellor.
The Committee to Protect Journalists ranks Sri Lanka as the 4th most dangerous place in the world for journalists to work in. The Criminal Investigation Department continues to raid newspapers which highlight corruption linked to the first family and two days ago,the Editor of ‘Janarela’ – a weekly Sinhala tabloid , was grilled by the CID regarding an article published last year. In the north, un identified militia men have continued their attacks on several independent newspapers. Several media personnel at MTV, a leading private television network, were threatened again recently.
Also, the government which purportedly claims that it values Commonwealth principles, has sought and received Chinese expertise to monitor, hack and block websites which expose human rights violations and corruption. In fact, the Defence Secretary, recently identified social media such as Facebook and Twitter as a serious threat to national security and plans are afoot, according to reliable sources to ban social media as well as to introduce the draconian code of ethics for the media, recently approved by Cabinet, after the summit in November.
Despite the predominantly Chinese funded ‘show’ development in the North, at vastly inflated costs, the plight of the Tamil people has deteriorated and the militarisation continues unabated. A special unit under the Commander of the area has been formed to suppress democratic activities: during a visit to the area some months ago, even a meeting attended by the Leader of the Opposition was attacked by this squad. While the government is reluctantly preparing to hold Northern Provincial Elections thanks to intense international pressure, there are reports that members of this squad are intimidating and threatening candidates who are hoping to seek nomination from opposition parties.
Even other religious minorities are now being persecuted with impunity. There have been over 15 Incidents during this year where Mosques as well as Muslim owned businesses have been attacked in broad daylight while the Police looked on. Two weeks ago, a beef stall owned by a Muslim was vandalised and destroyed while the Police and the PSD (Presidents Security Division) guarding the Presidents Tangalle residence, just a stones throw away, looked on. Many Christian places of worship have also been attacked in recent months. The fact that these fanatical groups can take law into their hands with total impunity is proof enough of the unholy alliance between these purveyors of terror and the powers that be.
Also in violation of yet another Commonwealth value, the government is continuing its witch hunt against members of civil society. The much respected local representative of the Ferdrich Ebert Stiftung was recently apprehended at the airport and questioned about funding a book written on Buddhism and Governance by the Leader of the Opposition seven years ago. She was also questioned by the CID for two days in May after hosting a workshop on Campaign management for Members of Parliament of the UNP. Another woman from an Indian NGO was deported last week for being critical of some development activities in the North. Many other key human rights activists are also subjected to harassment and the bank accounts of some of them have been frozen without a court order.
Emboldened by its apologists in the International community, the regime, continues with arrogance to violate the core values of the Commonwealth Charter. It is in the context of these continuing violations that I cannot share your enthusiasm that the “Commonwealth soft power and behind the scenes contribution’ can lead to “real progress in the long term”. From the daily occurrences, some of which I have mentioned above, it is clear that the government is unable to mend its ways and that there is a vast discrepancy between the values of the Commonwealth and the values of its incoming Chairman.
It is certainly true that certain recommendations of the LLRC report need a longer period to implement but if the government of Sri Lanka is sincere and genuine in its commitment to the Commonwealth Charter, there are some changes which could be implemented immediately prior to the Summit in November and in time for the Northern Provincial Elections.
For example, the notorious 18th Amendment to the Constitution, introduced as an Urgent bill in 2010 abolishing the independent Judicial, Elections, Public Services and Police Commissions can be repealed immediately with yet another urgent bill restoring all the independent commissions. This could well be the litmus test on the governments commitment to the core Commonwealth values.
Free and fair elections are an integral part of the Commonwealth charter. In addition to the independent elections commission and independent police commission been in place before the Northern Elections, it also imperative that a civilian governor be appointed to the North and that the army be confined to the barracks , if the election is to be truly free and fair.
If such changes are to be implemented prior to CHOGM in November, all Sri Lankans, I am sure will congratulate and thank you for the ‘Commonwealth soft power and behind the scene contribution’ in restoring the credentials of one of Asia’s oldest democracies. However, holding of the summit without such a proven commitment to the values and principles of democracy would not only call into grave question the value, credibility and future of the Commonwealth, it will also be the granting of the Commonwealth seal of approval to an emerging dictatorship in Asia.
As the CHOGM summit is of immense public interest, I am taking the liberty of releasing this letter to the media.
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.
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.
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.
1) On the ingorance of the war against the Kachin people by international investors.http://karennews.org/2013/02/burma-investors-beware.html/
The Ministry of Mass Media and Information has recently proposed a Draft ‘Code of Media Ethics’. Upon reading the preliminary draft which has been made available selectively, the writer would like to highlight certain immediate concerns about this step by the Ministry. These concerns are primarily made for the preservation of an essential element of democracy; the freedom of the Media. There shall be no specific comment on the content of the Draft Code at this juncture as it would be premature even though on a perusal of the same it is much warranted.
The first concern is a matter of Professions and Ethical guidelines. Professions require and do have ethical guidelines. Ideally such is created and regulated by the profession itself. Therefore the propriety of a Ministry or Government to pass by regulation a Code of Ethics applicable to a profession must be questioned. It brings up the wider question whether any other profession can be subject to similar governmental actions. The Minister does have the power to pass regulations subject to approval by Parliament under S.30(2) of the Press Council Act of 1973 however the question remains whether the content of such regulation can ever be a code of ethics and even so a code of ethics formulated by the Ministry.
Further it must be noted that it is not in the absence of a code of ethics from the Media Profession the Government has taken this step. There is currently a ‘Code of Professional Practice (Code of Ethics)’ of The Editors Guild of Sri Lanka and Free Media Movement adopted by the Sri Lanka Press Institute which is quite comprehensive, and up to date has maintained a Press Complaints Commission for the implementation of such. Interestingly several elements of the same code has been extracted verbatim to the proposed code as well; however some of the additional ‘ethics’ proposed (especially in clause 1) cannot be said to be of a nature that any professional body would pass or that would be reasonably acceptable from the perspective of the Media Profession as it embodies very little professional insight on the workings of Media. Thus the propriety of the Government to pass it own set of ethics and superimpose such on the Media profession is clearly questionable.
The 2nd issue that arises is as to one aspect of the content of the Draft Code which is one of the graver concerns. Clause 1 contains several grounds from (a) to (m) on which ‘No Publication should be published…’ for example ‘containing material against the integrity of the executive , judiciary and legislative’. The question that arises here is can a code of ethics for media set out a restriction on content or subject matter that the media may deal with? Ethics being primarily related to the conduct of the media should if at all regulate the ‘means by which the media acts’. These restrictions do not regulate the means. They regulate the ‘end’ or the end product that is the publication itself. There is a flaw in a code of ethics regulating the end and not the means to an end. From Clause 2 onwards there are considerations of these means. For example accuracy, standards of reporting, means of investigating, confidentiality and so on are matters within an ethical code which are the means by which the media should work. If at all any restriction on the content should not be other than that which is not allowed ‘by law’ which need not be stated and is implied and is further strengthened under The Press Council Act itself and by other laws. Certain elements of Clause 1 do not carry out that objective either. Interestingly the Code adopted by the Sri Lanka Press Institute does not at any juncture have any such restrictions either, as it is itself a proper code of ethics standing within the purpose of a code of ethics.
The 3rd concern is that this particular draft code of ethics cannot be set out as regulations under the existing Law. Due to the inaction of several governments over time it has been seen that the Media is subject to Laws in a haphazard manner. The Press Council Act of 1973 deals with print media such as in the form of newspapers. However the draft code attempts to herd in Electronic Media and Websites. The only form of Law currently applicable to these forms of media are the Sri Lanka Telecommunications Act No. 25 of 1991 which by its provisions do not provide for regulations of this nature and by its preamble does not suggest any such. Therefore the Government as a first step will have to consider legislative amendments to the Press Council Act or additional legislation before it can come up with these regulations. This would make it a further issue as currently existing media forms which have been allowed to so exist will be subsequently subject to new laws and regulations. Given this clear retrospective effect this lacuna in law should not be unilaterally imposed by the government but done with extensive dialogue and consultation with the Media Profession.
The final issue is then what would be the effect if these legislative amendments are made and the draft code of ethics is passed by regulation and made applicable to all the said media above. The code uses the words ‘shall adhere’ which in law usually suggests a mandatory provision. The code however does not suggest the method of implementation and as at current there have been suggestions from the Ministry that this code of ethics will only have an effect as such and no effect whatsoever as Law. To determine the truth of this one must read the Code of Ethics along with the existing Press Council Act of 1973 which is the Core Law according to sources that will be amended to facilitate these regulations.
S.2 of the said Act creates the body called ‘The Press Council’ which has the capacity to sue. Under S.3 it is constituted of 7 members who include 6 members appointed by the President and 1 person called the ‘Director of Information’. Out of these 6 members appointed only 2 members are selected by the president from a nominated panel respectively from working journalists nominated by the Journalists Associations and a person to represent the interests of employees of newspaper businesses from such employee unions thus leaving 4 others to be selected by the President in addition to the appointee as Director of Information. Interestingly a quorum of 5 suffices for the Council functions. Therefore there is grave concern as to the independence of this Council with respect to appointment, remuneration, removal, functioning quorum and so on.
Under S.9 the council may take action by way of Inquiry. This can be done where there is ‘complaint made to it or otherwise’ and this includes inquiry by the Council of its own initiative. The reason for such inquiry can be a publication by an editor or a working journalist which commits a breach of professional misconduct or breach of the code of journalistic ethics. Therefore the proposed Code of Ethics by regulation shall clearly fall under the criteria for instigating an inquiry.
Under S.11 the Council has the powers of a District Court to summon persons, compel the production of documents and administer and subject person to an oath. Further under S.12 refusal or failure to comply with the Councils abovementioned powers amount to ‘contempt of the Council’ of which a certificate may be submitted to the Court of Appeal by the Council Chairman and can be punishable under Article 105 of the Constitution as if it were contempt of the Court itself. Any orders of the Council are also final and cannot be questioned in any court of Law and further disobeying any order made by the Council amounts to summarily triable offence at the Magistrate Court with possible fines and imprisonment.
There is therefore no doubt as to the extreme powers that might be with the Press Council and the heavy blow to be dealt to the freedom of the media with the addition of this Code of Ethics. It could be suggested that the constitution, powers and functions of such a Council be reviewed and amended. Whilst regulation of Media is also a necessary component of government it should not be done without proper checks and balances. Having a ‘Code of Ethics’ and the adjudicative powers one on the side of government would amount to a serious concentration of powers which will seriously hinder against the freedom of the media.