Supreme Court Archives | Mawbima News

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“….establishing a complete series of methods which will allow the controlling oligarchy……to get people to really like their servitude. This is the, it appears to me, the ultimate in malevolent revolutions”. –Aldous Huxley (The Ultimate Revolution)

mahinda-f-colombotelegraph

In the course of his current Ugandatour, President Mahinda Rajapaksa was reportedly enchanted by the servile conduct of the Ugandans he came into speak to with. According to the political column of last Sunday’s Rivira, the Lankan President asked his Ugandan counterpart, “When we appear at them (Ugandans) it is clear that they have a very obedient nature. How did you handle to make them so obedient?” President Musevini’s response was that this servility was a relic of the Colonial ethos, when White Masters kept their Black and Brown Subjects in total subjugation.

In a democracy uncritical obedience is a unsafe vice. Despotic rule can’t survive without uncritical obedience. Colonial rulers treated colonised peoples as political infants incapable of handling independence. Tyrants too regard their subjects as eternal political-minors, incapable of dealing with freedom.

Foremost amongst the freedoms considered unsafe by actual and nascent despots is the appropriate to info, the freedom of the individuals to know what is happening in their personal nation. Over the years the Rajapaksas have managed to subdue most of the print media. At present, websites are their major targets. In this month alone, de facto banns were imposed on numerous web sites which includes Gossip Lanka and Lanka Eagle.

The Rajapaksa worry of a free of charge and critical media is comprehensible. The Siblings have a lot to hide.

Take land grabbing. At present this is a major dilemma confronting not just by the Tamil individuals of the North but also by the Sinhala people of the South. Parallel to the stealth campaign of demographic reengineering in the North, the Rajapaksas are conducting an even more secretive operation of class and partisan-political reengineering in the South. Their ultimate aim is to create a new demographic which will render tough any democratic/electoral resistance to Familial Rule.

In the North, private lands are getting expropriated to create new army camps and military cantonments. For instance, according to Parliamentarian MA Sumanthiran, the regime is utilizing the Land Acquisition Act to expropriate 6,400 acres of land to build a military cantonment in Jaffna: “….the notice says that the claimants are not traceable! The owners of these lands live just outdoors the so known as illegal Higher Safety Zone, in camps maintained by the government itself. They have lived there for over 25 years. And although their title to these lands were checked and cleared by a Committee appointed by the Supreme Court in 2006, they were not permitted to go and resettle on the false assertion that de-mining was not comprehensive. That it is false is demonstrated by the sight of soldiers cultivating these lands….. Now abruptly, the government has shown its true face: these lands will be taken and given to other folks to occupy, who will turn into voters in the North. Equivalent notices have been issued in the Kilinochchi Distrct also. In the Eastern Province, guidelines have gone out to obtain all the land that the military deems needed for its purposes”[i].

These cantonments and military bases are getting superimposed on a Tamil terrain to break the current ethnic contiguity of the North, thereby to render devolution not possible and to maintain Tamils in a continued state of subjection. Its other – and no significantly less important goal – is to make it possible for the Rajapaksas to win elections in the North, with a minimum quantity of violence and malpractices.

Most Sinhalese are indifferent to the situation of land-grabbing due to the fact they see it as a Tamil dilemma. The Rajapaksas would want this ignorance – and the consequent indifference &#8211 to last as lengthy as achievable. The plight of Colombo’s poor, who are facing the danger of becoming evicted from their houses en masse, has received some interest but the plight of the Sinhala peasants of Ampara who have been chased away from their classic lands is virtually unknown. In 2011, the Lankan Navy grabbed far more than 1,200 acres of land close to the tourist hot-spot ofPanama consequently thousands of Sinhala villagers of Shasthrawela, Ragamwela, Ulpassawela, Horowkanda and Ella lost their properties and their signifies of livelihood. A comparable fate has befallen the fisher-folk of Kalpitiya.

When the state requires more than private land for development purposes, it is obligated to provide the owners with either compensation or alternate lands. This is how successive governments in Sri Lanka carried out themselves, by and large. The Rajapaksas have developed a different method land grabbing is becoming carried out, added-legally, making use of the military. The situation is hence ‘militarised’ and garbed in the protective-attire of ‘national security’. This way the owners can be threatened at will, the Sinhala-language media silenced and environmental laws and archaeological regulations ignored. For instance, in Ampara, “though sanctions have been imposed by the Forest Department, Archaeological Department, Coast Conservation Department and Central Environmental Authority on carrying out any improvement operate on forestlands, the Sri Lanka Navy claims that such formalities are entirely discarded when the Defence Ministry approves their projects. Speaking on the construction work carried out by the Navy in Panamain the Ampara District, Navy Spokesman Commander Kosala Warnakulasuriya stated that they have not followed any of these procedures nor would they require permission from the mentioned institutions as the building is becoming carried out on Defence Ministry land. ‘This is a Defence Ministry land and there is no necessity to get approval from any department to carry out any of our improvement function,’ claimed Warnakulasuriya[ii].

The Defence Ministry and the military are the law, not just in the Tamil-North, but even in the Sinhala-South. The ultimate objective of these acts of dispossession is to fill the Rajapaksa coffers, buttress the Rajapaksa dynastic project and render hard any powerful national resistance to Rajapaksa rule.

Atomisation

The Sinhala, Tamil and Muslim victims of land-grabbing have a issue and an opponent in common. Therefore coordinating their different acts of resistance into a single struggle tends to make perfect sense. However, rather of this essential and possible national campaign – ideally with the participation of the opposition parties – resistance is fragmented along regional/ ethnic/class lines.

The Siblings do not want the Sinhalese to understand that they are not immune to Rajapaksa-injustice. The Siblings do not want the Sinhalese to realise that the military, far from becoming ‘our boys’, are Rajapaksa tools (just as the Tigers served not the Tamil folks but Vellupillai Pirapaharan). The Siblings do not want their Sinhala, Tamil and Muslim victims to uncover the typical ground and mount a coordinated resistance. The Siblings want to atomise Lankans along ethnic, religious and class lines, to avoid a united opposition to familial rule from coming into getting. The only Sinhala-Tamil-Muslim unity they want to market is a unity in apathy and indifference.

The Rajapaksa project aims at the psychological reengineering of the Lankan people. They want an ignorant nation which equates distinction with danger. They want a men and women more concerned about hemlines or eating habits than land-grabbing or kid abuse. They want a nation seeped in mutual-suspicion and habituated into obedience.

They want a nation which, unconsciously, cooperates in its own subjugation and undoing.

[i] DBSJeyaraj.com

[ii] The Sunday Leader – 12.five.2013

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Jehan Perera – colombo telegraph

Jehan Perera

The government’s decision to celebrate May 19 as a day of victory and the country’s second Independence is another one of its actions that has polarised the Sri Lankan people. Whether by accident or design, it is ironic that through its continuing actions the government that reunified the territory of the country should also be the one that fosters the divisions between the people. I was in Mannar on that day that marked a watershed in the modern history of the country, and saw that the Sri Lankan people were divided in their attitudes. There was no collective remembrance of loss, but a reinforcement of the separation that has overshadowed the post-Independence era.

While the government was celebrating with military march pasts and air and sea shows in Colombo, in Mannar there was real action that was reminiscent of what happened during the war. A group of people who had gathered to commemorate those who died in the last battle, were prevented from doing so by armed military personnel and police with guns pointing. It is reported that 15 of them were arrested and only released on bail late at night. Earlier the state media had reported that such commemorative meetings were illegal and warned anyone commemorating the defeated Liberation Tigers of Tamil Eelam (LTTE) was liable to be arrested.

However, the Tamil political parties in the opposition said they staged the remembrance for those who died in the final battle. This was where the top LTTE leadership were killed. In this charged context, the decision of the Catholic Church in Mannar to commemorate all victims of the war was pragmatic. Whenever Tamils have tried to commemorate the death of their loved ones, the government has taken steps to prevent this. The military in particular is sensitive to commemorations of the LTTE being held in the guise of commemorating the civilians who lost their lives. However, the reality is that the two groups of LTTE and civilians were often mixed. Especially in the last days of the war, the LTTE forcibly recruited children, some as young as 12, and this included the children of Mannar.

Contrasting Realities

Mannar is the only one of Sri Lanka’s 25 districts that has a Catholic majority. With its unique cultural attributes, it is a celebration of the country’s cultural and religious diversity which must not be made into a weakness when it is a strength. Unlike the Tamil political parties who had called on the people to commemorate the war dead amongst the Tamil population, the Bishop of Mannar requested the clergy in the area to commemorate all victims of the war, and not just those who were Tamil. By implication, this would have included those of all three ethnic groups, the Sinhalese, Tamils and Muslims, and also the fighting personnel on the two sides, the government and LTTE. It is a testament to the strength of Sri Lanka’s diversity, that it was a minority group that decided to commemorate all who lost their lives as recommended by the Lessons Learnt and Reconciliation Commission appointed by the President.

This year’s victory celebration by the government was focused on the valour of the armed forces and the comprehensive defeat of the LTTE. President Mahinda Rajapakse viewed the military parade and pledged that there will be no room for those who tried to divide the country. He said, “We will not allow a single inch of the land that you won by the sacrifice of your life to be taken away.” The past fortnight saw a build up in the mass media to remind the people of those days of blood and bombs and how it all has ended. The contrast with the peaceful situation of the present will continue to bring in the votes of a grateful nation.

But the unfortunate reality is that the support of the Sinhalese majority for the war victory and the government’s celebrations has not been matched by any kind of equivalent support from the Tamil minority. They too have been beneficiaries of the peaceful situation that has followed the end of the war. They are now safe from the ravages of child recruitment and terror tactics that the LTTE brought to bear upon them. But they also wish to mourn their loved ones who are no more with them, to find out what happened to them, and also to regain their dream of enjoying equal rights in which they also have the right to decide. These are all matters on which the government appointed LLRC has made recommendations on but are not being followed by the government.

Way Forward

Four years after the war’s end the political solution that the leaders of government promised during the time of the war has yet to materialize. The LTTE has been replaced by the Sri Lankan military who govern them in conjunction with the civilian administration. The Northern Province, where the first gunshots of the war were fired and where the last of the rebel fighters fell, has still to enjoy the right of elected provincial governance even to as limited an extent as the other eight provinces do. A government ally has filed action in the Supreme Court calling on it to abolish the system of devolution of power for the entire country. In this context, there is increasing skepticism whether the promised Northern Provincial Council elections in September this year will actually take place.

The civil war ended in 2009 but four years later the country has yet to find its path of reconciliation and to heal the wounds of war. At the present time it also appears that Sri Lanka is moving backwards, and not forwards, in terms of securing the Rule of Law. The impeachment of the Chief Justice process eroded the rule of law and usurped the pre-eminence of the Supreme Court in its role of interpreting the constitution. This has impacted negatively on the rule of law and by extension the protection of human rights and political accountability. There is also the rise of inter-religious tensions fanned by government allies. A new dimension of inter-communal unrest is the rise of Buddhist extremism that has targeted the Muslim community and taken on an open and frontal confrontational approach.

Sri Lanka could have been a very different country today. There is a need to recognize that although the civil war ended in 2009 the country has yet to find its path of reconciliation through an inclusive process of political negotiations and a sincere effort to heal the wounds of war. If the recommendations of the LLRC appointed by the President had been followed, the government could have changed course last year. Government leaders would have ceased to further engage in ethnic triumphalism and instead focused on commemorating all victims who lost their lives in the senseless conflict. They could have utilized the occasion of May 19 to resolve that never again would such bloodletting be permitted to take place. This would have been a commemoration that all Sri Lankans, respecting multi ethnicity, equal rights, and the safety and dignity of all, could have taken part in as a united Sri Lankan nation.