Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Sunday, February 3, 2013


People Do Not Accept The New CJ, I Personally Told The President Not To Rush – Sarath Silva

By Colombo Telegraph -February 3, 2013 
Colombo Telegraph“People do not accept the new appointment as being valid. That is why they describe this as a de facto appointment. There are two legal terms – de facto and de jure – which means ‘only in fact’ and ‘only in law.’  The former Chief Justice has a legal claim to still being the legal CJ as the Appeal Court and the Supreme Court have both ruled in her favour. But Dr. Bandaranayake is not de facto. She is not the CJ. She is out. She was removed by the President. Her removal is questionable and so she has a legal claim.” says former Chief Justice Sarath N. Silva.
Sarath N. Silva and Mohan Pieris
“However, the appointment of Mohan Peiris as the CJ is also questionable. But President Mahinda Rajapaksa appointed him. This is a fact. When a person has a right to appoint a person, this does not mean all his appointments are legal. When the PSC findings are considered illegal, the rest of the decisions and the activities based on the PSC become illegal including its findings. That’s why the validity of the new CJ’s appointment is questionable.” he further said.
Sarath N. Silva made above remarks in an interview with Ceylon Today.
“This is a very serious situation though the government appears not to understand. The international image is very important for foreign investment. We can’t be a pariah State. Some countries such as China or Russia can be more repressive than Sri Lanka, but they are powerful enough to ignore international pressure. We are dependent on the international community for trade, aid and other support. We have to be very careful about our international relations. We received GSP Plus from Europe and additional concessions during President Kumaratunga’s tenure. In 2010, Sri Lanka lost the GSP Plus facility and Ajith Nivard Cabraal said we do not need it, which was not a wise statement. This has affected our exports and employment in the Free Trade Zones (FTZs). The situation will be aggravated due to these negative developments. All the trade benefits we won during the last few years will be lost due to silly issues. We can have a very good human rights record as we do not have a war or Southern violence. The problem is, the government creates problems and solves them in a self-styled matter.” he said when asked the possible repercussions at the international level.”
“I personally told the President to exercise some kind of caution and not to rush with the process of removal. There was a possibility of reaching a settlement. I recommended an acting appointment be made. They did just the opposite. This is the de facto situation.” Silva said.
“Dr. Shirani Bandaranayake’s impeachment process was initiated by the President. Although 117 MPs signed the impeachment motion, they were not the architects of the process. That’s the reality. They did so because the President wanted them to do so. I have nothing to gain or lose. So I am very straightforward in expressing my views.” former Chief Justice Silva further said.
For the Ceylon Today full interview click here
Related posts;
No national flags in Tamil areas
[ Sunday, 03 February 2013, 03:25.17 PM GMT +05:30 ]
SriLanka preparing to celebrate 65th Independence Day tomorrow. Many vendors involved in selling national flag in several parts of the island.
Lankan government ordered people to hoist national flag in the houses and shops.
Hundreds of national flags were hoisted in the Kathankuddi area in Batticaloa district. People at the Tamil areas in the Batticaloa district fail to hoist national flags.

Saturday, February 2, 2013



Stoking The Tinderbox Of Extremism

By Sharmini Serasinghe -February 2, 2013
Sharmini Serasinghe
Colombo TelegraphAs a Sri Lankan and as a follower of the Buddhist philosophy I have every right to take umbrage at what is going on in our multi religious country under the guise of a “Buddhist nation”.
First and foremost the Sinhalese in Sri Lanka do not own the Buddhistphilosophy. Lord Buddha was not a Sinhalese and neither was he a Sri Lankan. And he certainly did not appoint the Sinhalese as the guardian of his philosophy!
In this context not everyone who drapes himself in a sacred saffron robe and shaves his head is a genuine representative of the Buddhist faith! Not every Buddhist in Sri Lanka regards this country as a “Sinhala Buddhist” nation! Not every Sri Lankan regards other religions and ethnic groups as inferior!
What we are now beginning to see is the Idiocracy stoking the tinderbox of ethno-religious extremism by manipulating Buddhist extremists to distract voters from mounting burning issues facing them today. If this trend continues unabated we are looking at another protracted war, this time on ethno- religious grounds,which would make the 30-year ‘War on Terrorism’ look like a cakewalk.
In this scenario I dread to think what might have happened if Rizana Nafeek had been a so-called Sinhala Buddhist!
The psychology behind using the sacred saffron robe and a shaved head is because to the gullible “Sinhala Buddhist” voter out there almost anything and everything draped in a saffron robe is worthy of falling flat on their faces and worshiping. Such is their reverence for the saffron robe. The demagogues know this only too well and therein lies the danger! Only a real bankrupt demagogue will resort to using religious extremism to save face.
In the event these extremists are enjoying state patronage, then the demagogues fuelling the fire would be well advised to watch their backs, as these very same demons they are creating will end up strangling them with their own ‘satakayas’. Remember what became of President Premadasa after he gifted arms and weapons to the LTTE? Remember what Somarama did to Prime Minister SWRD Bandaranaike?
Some would regard this as a blessing in disguise in order to get rid of a current headache without looking at the bigger picture. We have all collectively suffered a 30 year war seasoned with a JVP insurrection in between and the last thing we need is an ethno-religious war which would undoubtedly be of much greater mind- boggling dimensions.
There are extremist pyromaniacs standing by waiting and watching to ignite the tinderbox of another protracted war. There may also be ‘other’ extremists waiting to hop on the bandwagon in order to create mayhem and they wouldn’t think twice before camouflaging themselves in saffron robes and taking up arms. In such a situation when the army is called upon to subdue them, how would they differentiate between a genuine Buddhist monk and a terrorist? Would they be required to turn their guns on the entire Buddhist clergy? Absit Omen!
The government’s decision to set up a special Committee to look into this issue will sound good only to the gullible but from experience we know how effective these committees really are. This is not just ‘another issue’ to be brushed under the rug!
Politicians may come and go but it is the legacy they leave behind that we the citizens of Sri Lanka must endure. May we not end up as a ‘Sinhala Buddhist Saudi Arabia’!
“With the destruction of the country as a peaceful one foremost in his mind, Satan Racism’s master plan was to eliminate all Men and Women of Letters who posed a threat to his objective – to create a breed of blundering idiots in the country who would finally destroy each other”- Where is the Miracle?
*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.

Executive cannot be both spender and auditor: Eran

  • Says TI index ranks Sri Lanka as a high level of corruption country in defence sector
  • UNP says defence procurements need to be scrutinised and supervised by Parliament
  • Says Bribery Comm. should not be under Executive purview as stipulated in 18th Amendment
By Dharisha Bastians- February 2, 2013
The Executive cannot be both spender and auditor of public finances, UNP National List MP Eran Wickremaratne said yesterday, charging that the 18th Amendment had placed the country’s anti-corruption commission directly under Executive purview, making Sri Lanka’s State sector corruption rankings plummet in worldwide surveys.
Referring to the Transparency International Government Defence Anti Corruption Index released earlier this week, Wickremaratne said that Sri Lanka has been categorised as a ‘high level of corruption’ country in terms of its defence procurements.
“TI has said that there is no transparency in defence procurements. Sri Lanka spends Rs. 280 billion on defence and urban planning, compared against Rs. 9 billion spent on social welfare schemes like Samurdhi. Therefore, these procurements need much more scrutiny and supervision by Parliament,” the UNP legislator told reporters yesterday.
Wickremaratne explained that President Mahinda Rajapaksa was the Defence Minister, but the danger was that the 18th Amendment to the Constitution had also placed the Commission to Investigate Allegations of Bribery and Corruption under the purview of the President.
“When the Executive is both spender and auditor, it does not augur well for good governance,” he said.
Anti corruption commissions must be under Parliament, he added.
The UNP National List MP charged that the Public Accounts Committee chaired by the present Deputy Minister of Finance had not presented a single report to Parliament in nearly three years.
“Public Finance oversight committees must be not be chaired by Government Ministers,” Wickremaratne charged, “they must be chaired by back-bench MPs.”
He added that while the Committee on Public Enterprises had already submitted one report, no action had been taken on losses highlighted in the State sector due to inefficiency and blatant corruption and nepotism.
“Today the Bribery Commission is only interested in one case – that is the case against the husband of this country’s legal Chief Justice,” Wickremaratne charged.
Also addressing the media briefing, UNP National List MP and Economist Dr. Harsha de Silva said that arbitrary taxation and inconsistency in economic policy were increasing the economic burdens on the people.
He said that although the Government was claiming that floods and inclement weather were driving vegetable prices up, this was simply not true. “There is a problem in the agriculture market with fluctuating prices and that is why the farmer is poor and that is why the consumer can’t afford vegetables. The Ministry of Agriculture and the Ministry of Trade need to find that problem and address it,” Dr. De Silva said.
He added that while on the one hand the Government was imposing arbitrary taxation on the people, certain individuals were evading taxes and costing the State revenue. He highlighted a Customs document in which he claimed a new Rolls Royce had been imported and undervalued in the declaration, costing the State more than Rs. 60 million in unpaid taxes on the vehicle.


MR Finishing JR’s Relay, Bodu Bala Sena At Temple Trees, And Fire-Walking Over The Jaffna Public Library

Rajan Philips
The government is reportedly preparing a new amendment (19A) to the Constitution to confer legal power to Standing Orders and limit the term of office of Chief Justice to three years. After removing the term limit on the presidency which is fundamental to constitutional democracy through 18A, the government seems now set to enact 19A to limit the tenure of the Chief Justice which is fundamental to judicial independence. The new amendment will also put to rest the Supreme Court’s recent determination that laws and Standing Orders are not the same in exercising judicial power.
Whatever else it may be lacking the present regime is quite resourceful in trickery and cunning. It knows it cannot fool all the people all the time but it has mastered the art of fooling those who matter at times when they matter. The government has fooled Ranil Wickremasinghe into supine silence by showing him how the 1978 Constitution could be manipulated even more perversely than it was manipulated by Ranil’s own UNP some thirty years ago, and making him hope that he could benefit from all these manipulations when his turn finally comes to be President. So fooled, the Leader of the Opposition is aiding and abetting the government’s every misdoing instead of exposing the misdoings and rallying opposition to them.
More importantly, the government has fooled everyone who bravely opposed the UNP’s constitutional machinations in times past to fall into silence, submission or cynical indifference at this time. The President himself and a good number of government parliamentarians were diehard opponents of everything the UNP did between 1977 and 1994, and it was their solemn promise under the victorious People’s Alliance banner in 1994 to clean up the mess created by the UNP. They even brought forward an alternative constitution bill in 2000 for that very purpose. Now they have fooled themselves into believing that the People’s Alliance was wrong in 1994 and 2000, and JR Jayewardene and the UNP were right in 1978. Not just right, but Just and Right; remember “Dharmista Society”, it is now finally in sight! Mahinda Rajapaksa is doing the last lap in the constitutional relay started by JR Jayewardene.
The UPFA government members are now the biggest defenders of the letter and the spirit of the 1978 UNP Constitution. They swore by the spirit of that constitution to fire Chief Justice Shirani Bandaranaike, and they rose on their hind legs in parliament to defend the indefensible by insisting on the letter of that selfsame constitution. The courts got it wrong, they said, in showing the difference between law and Standing Orders; the judges missed that little conjunction ‘OR’ between law and Standing Orders, they said; and the judges may not have been among his better pupils piped GL Peiris – the former Dean of Law now turned chief parliamentary philistine. And now to prove their point and to entrench it further, the government is preparing the Nineteenth Amendment to the Constitution. How clever, how cunning, how innovative!
The Bodu Bala Sena
Apart from constitutional amendments, the other favourite implement of the government to plough its way through mud is the Parliamentary Select Committee (PSC). The President has many uses for the PSC although he has no use for Parliament’s intended role in the Constitution. He has used PSC as the stock excuse for his government’s action and inaction in regard to finding the elusive ‘political solution’ or the ever receding ‘national reconciliation.’
In one instance, the PSC would be the government’s line of exclusion so as to avoid any meaningful direct discussion with the TNA. In other instances, as in the treatment of Chief Justice Shirani Bandaranayake, the PSC could be the hired gun to blast away every known norm and process, legal as well as conventional, to achieve the government’s goal. And yet in another instance, the PSC could become the inclusive red carpet to welcome and celebrate political stormtroopers such as the Bodu Bala Sena.
In a revealing exchange in parliament, when the Buddha Sasana Deputy Minister (one of several DMs appointed by the President) rejected an Opposition Parliamentarian’s concern over the ‘rise in religious fundamentalism in the country’, senior minister Nimal Siripala de Silva promptly contradicted the dumb DM and clarified the government’s position on the matter: “The President and the Government are concerned. We must put aside political differences and address this issue promptly.” The good minister then pulled one from the President’s hat: “a special Parliamentary Select Committee would be set up to address growing concerns on the rise in racial intolerance and religious fundamentalism in the country”.
But in this instance the President could not wait for the PSC circus. Bodu Bala Sena is apparently more important to the President than the TNA, and more precious to him than a Chief Justice. So the leaders of Bodu Bala Sena were invited to a special presidential audience at the Temple Trees. Accompanying the President were Basil Rajapaksa, Dinesh Gunawardena, Udaya Gammanpila of the Jathika Hela Urumuya and President’s Secretary, Lalith Weerathunge. Nimal Siripala de Silva who spoke for the government in parliament did not make the cut to Temple Trees.
“We have come through the vicissitudes of a thirty year old conflict. Now we must move to live together as one nation” the President reportedly reminded the Bodu Bala Sena representatives. It is like asking predators to spare their victims from harm. The President is not promoting national reconciliation by giving national prominence to an organization seen by many as the principal instigator of the campaign of violence against Muslims in various parts of the country. If at all the Sena would view the meeting with the President as a sign of presidential endorsement and encouragement of the Sena’s activities, and not as an invitation to join him in achieving reconciliation with the Tamils and the Muslims.
The truth of the matter is that the government has learnt nothing politically from what led to the war that ended with the defeat of the LTTE four years ago. It has also forgotten everything that the country went through during the war. It would be too much to expect this government to learn anything from the very relevant and contrasting experiences in India. India offers the progressive experience of constitutional and political secularism, as well as the communal antitheses stirred by Hindu fundamentalist organizations such as the RSS (Rashtriya Swayamsevak Sangh) and the Shiv Sena.
Jathika Hela Urumaya (JHU) and Bodu Bala Sena (BBS) are local Buddhist variants of the Indian Hindu fundamentalist prototypes. No major political party in India other than the BJP would have any truck with the two fundamentalist organizations. In Sri Lanka, the two main political parties are falling over each other to curry favour with the likes of JHU and BBS. For the government, the JHU and BBS are political stormtroopers to mobilize local support against pressures from the international community over the government’s record over human rights, postwar failure to achieve a political solution, and now the sacking of the Chief Justice.
Just as the government has emasculated and neutralized the UNP opposition locally, it has also mastered the art of playing the national population against the international community. Come March and the government will weather the storm at the UNHRC sessions in Geneva not by making a fool of itself by endlessly arguing as it did last time, but by simply agreeing with whatever it is told in Geneva and later doing nothing about it. The government has not only grown a thick hide, as a national editor recently remarked, it has also two powerful armours in JHU and BBS to protect its backside.
The Jaffna Public Library
For the government, the defeated LTTE is not quite dead. The government sees a tiger in everyone who criticizes it over any of its actions. One does not have to be a Tamil to be a tiger in the government’s eyes. Even Shirani Bandaranayke was accused of being a tiger lover because she had a Tamil lawyer. In that sense, the government has achieved reconciliation of sorts, the wag might argue. Recently, the government received an unexpected shot in the arm for its tiger paranoia with a revisionist attribution of the burning of the Jaffna Public Library to the LTTE.
Through the genre of a memoir a retired police officer has leaked for the first time what must have been the best-kept police secret for thirty two years: that it was the LTTE that burnt the Jaffna Public Library in 1981. The revisionist revelation has moved the emotionally vulnerable to fire-walk down memory lane with flailing arms and chanting mea culpa. There is no need for those of us who lived through that period and contributed to the recording of the sad events of that time by organizations such as MIRJE and CRM, to bother with exposing the spuriousness of a belated police leak. My purpose, rather my question, is something else. What hope in hell could there be for any kind of reconciliation, when even long gone events are revisited for the purpose of falsifying without any sensitivity at all to the hurt and humiliation that it will cause to those who suffered those events and have survived the war?

Our successes and failures since gaining independence

 by Shanie

Why pretend that things have not changed
when they have, planting flowers and exotics
in exotic gardens, the magnolias in full bloom
golden carp in pools to make poems with -
excavate the lawns and you will find weeds
springing out of skulls and the birds in the trees
that sang at dawn grasp the light
with taloned claws dragging nets and setting
snares over the sun;
now darkness covers the land - Jean Arasanayagam

(February 2, 2013, Colombo, Sri Lanka Guardian) It is 64 years since our country re-gained independence after nearly four hundred and fifty years of western colonial rule. It is a common refrain to be critical of the colonial rulers for having exploited the resources of the country for their economic gain. There is undoubtedly truth in this criticism. But, while the country’s resources were being exploited, there were also substantial gains to the country from colonial rule. Overall, by the time the last colonial power left, our country had developed into a modern nation state, socially, economically and politically. The Portuguese made a lasting contribution socially to our language (both Sinhala and Tamil), to our religious beliefs and in many social customs including dress and music. They also developed our economy by encouraging the growth of many cash crops like cinnamon. The Dutch made an invaluable contribution to the legal system which survives to this day; they also introduced a system of land registers throughout the areas under their control. On the economic front, they diversified cultivation and began plantation agriculture, basically coconut growing. Socially, they left behind a new ethnic community of mixed Dutch ancestry who went on to make a distinctive contribution to the life of the nation in all areas of life. The Portuguese had also left behind a community of Portuguese descent but they were a small group in isolated pockets. The British took over from the Dutch and ruled for a little over a century and a half. They ruled during a time when the world was also changing from medievalism to modernity. As a result, their contribution in Sri Lanka’s development was profound in several areas, even if their contribution was naturally marked, as in the case of all colonial rulers, by self-interest. It is evident in the numerous areas of social and political life in the country bearing the influence of the British.

The language of administration was changed to Sinhala Only in 1956 without making any provision for the minorities to use Tamil in their dealings with the state. An attempt was made by the then Prime Minister S. W. R. D. Bandaranaike to strike a deal with the leader of the major Tamil party S J V Chelvanayakam to arrive at an amicable settlement.
The British impact on our country was all pervasive. On the social front, they developed our education system started by the earlier colonial powers and by 1948 when the British left, we had a good network of state and private primary and secondary schools and one full-fledged University and one full-fledged Technical Institute, besides Teacher Training Colleges. There was a vibrant and independent Press in all three languages. Our health services were more than adequate by the standards of that time. The system of justice was built on the British model but keeping the legal system introduced by the Dutch. Economically, with a scheme of food subsidy in place, there was no real poverty. The development of plantations had transformed the economy with tea, rubber and coconut as the mainstays. A network of roads and railways had been built which facilitated the economic drive. Politically, the British introduced a system of public administration modeled on their own experience at home. By 1931, the country enjoyed universal adult franchise based on territorial representation (not long after it happened in Britain itself) and a measure of responsible self-government was introduced with the Donoughmore reforms. So by the time independence was granted in 1948, the people had had some experience of political rights and the first General Election in 1947 showed some maturity among the voters in choosing their representatives to the legislature. Overall, our people enjoyed a quality of life in 1948 which in most areas was superior to that of other countries of Asia-Africa which had been subject to colonial rule.

The Years since 1948

The last sixty-four years have been a mix of successes and failures. But by no means can we now claim high ranking among the other countries of Afro-Asia. In 1931, when universal adult franchise was introduced, the colonial government, based on the recommendation of the Donoughmore Commission, quite rightly rejected communal representation in favour of territorial representation. In 1946, in preparation for the General Election due the following year, a Delimitation Commission was appointed to demarcate the 95 seats that were to be contested. The demarcation was based on both land area as well as population, the more sparsely populated areas getting greater representation. This worked well for the first Election. But unfortunately, with the passage of the Citizenship Act soon after, thousands of voters were disenfranchised and the electoral demarcation in the tea plantation districts became skewed. This was to be the beginning of a long conflict, since the disenfranchised voters were all Tamils.

The new government’s intention was also to develop agriculture in the dry zone areas. For this purpose, a statutory body was created – the Gal Oya (later River Valleys) Development Board. The intention was to colonise the area, provide the colonists with irrigation facilities and help them with growing principally of rice. The principle was good but in the implementation, instead of giving preference to the landless of the area, there was mass state aided colonisation of people from outside the Province, giving rise to the charge that the colonisation scheme was altering the ethnic balance of the electorates in those areas. This lent further cause for the conflict that was soon to emerge.

The language of administration was changed to Sinhala Only in 1956 without making any provision for the minorities to use Tamil in their dealings with the state. An attempt was made by the then Prime Minister S. W. R. D. Bandaranaike to strike a deal with the leader of the major Tamil party S J V Chelvanayakam to arrive at an amicable settlement. But irresponsible elements both within the government as well in the major opposition party not only scuttled such an agreement but went on to instigate attacks on the Tamil community in various parts of the country. The intention was to obviously to gain political mileage by alleging that Sinhala rights were being bartered away to the minorities. Over the years, this mindset has polarised the two communities, seemingly irrevocably. It will require a leader with vision and strength to overcome this if Sri Lanka is to emerge from over 30 years of conflict as a strong united and pluralist nation.

When we attained independence in 1948, and for some years thereafter, a Tamil trader from Point Pedro was successfully able to do business in Galle. A Sinhala baker from Matara bought property and set up a bakery in Jaffna. A Tamil student at Jaffna Hindu College learnt Sinhala from a Sinhala teacher as part of his regular curriculum. A Sinhala Student at Ananda College similarly learnt Tamil from a Tamil teacher as part of the regular curriculum. These were not isolated happenings; they were part of the life of the people and the community accepted and embraced the ‘other’ into their own community.

Paying lip service to pluralism

We seem to have come a long way from those distant days. Now, there is opposition to the ‘others’ doing trade in our community – whether it is Maharagma, Kiribathgoda or Kuliyapitiya. It may perhaps be the same for a Sinhala trader in the North if he or she did not have army protection. This is why need leaders with the vision and the strength to keep the rabble rousers in place and to ensure freedom and equality for all, irrespective of ethnicity. A few days ago, Vasudeva Nanayakkara proposed that our National Anthem be sung in two languages at this year’s official Independence Day celebrations in Trincomalee, in keeping with the recommendation of the Lessons Learnt and Reconciliation Commission. The cabinet spokesperson nonchalantly says that it cannot be changed overnight as proposed. This spokesperson conveniently ignores that the National Anthem was sung in both languages (to the same tune and the same translated words) ever since the Anthem was introduced over sixty years ago until its singing in Tamil was unilaterally banned overnight by the incumbent President and the cabinet. We cannot merely pay lip service to unity and pluralism. We need to courageously stand up for the rights of all citizens and not just appease the wrong-doers who violate those rights. That is the only way we can build up a liberal pluralist democracy.

Public Services

In education and health services, the country has certainly made progress since independence. After free, compulsory and swabasha education was introduced in 1945 (compulsory education was in the statute book from 1911), the adult literacy rose from 60% to 90%. With only one university catering largely to the English-educated in 1948, today the numbers passing out as graduates in all disciplines has increased significantly, even if the resources allocated to education by the state has decreased in relation to the GDP. Health services have also continued to grow though they are still far below the required levels. Private Hospitals cater to the affluent but those who require attention in state hospitals could do with better care. This is not stated as a criticism of the health personnel but to draw attention to the need to provide greater resources to health care.

Public Services like transport and postal services have also had a mixed success. The bus services at the time of independence was in private hands and restricted only to profitable routes. After nationalization and the setting up of the Ceylon Transport Board under the chairmanship of ex–civil servant Vere de Mel, there was a process of rationalisation of the routes and a marked improvement in the services to the people in the rural areas. But the state monopoly could not be sustained in the absence of men of the calibre of Vere de Mel and the bus services were again privatised. Over the years, the success of this has been mixed with some routes being well serviced while there is deterioration on the less profitable routes. Similarly with the postal services. At independence, letters reached their destination usually within 24 hours. Within Colombo, letters posted before a certain were delivered the same afternoon. The system was well organized with the night long distance trains carrying a mail sorting carriage at the rear and letters were sorted and delivered to the respective stations on the way from where the mail bags were delivered to appropriate Post Offices. All that is from a distant past and mail takes several days to be delivered to destinations. But post offices in the urban centres are now able to provide additional services and the authorization of agency post offices has also helped.

Dissent and Press Freedom

In 1948, we had a robust and free Press that readily criticised and lampooned the political leadership. Of course, this was from a right wing perspective. When a non-UNP government emerged in 1956, the Press was largely hostile and often unfair to the new leadership. This weakness was overcome when a multiplicity of newspapers began publication, opening the way for divergent views to be published. But recent trends have unfortunately been to stifle the freedom of journalists with intimidation and threats, including physical violence, some of them resulting in deaths and disappearances. Some journalists have even sought refuge in other countries but continuing to write on political events in Sri Lanka.

But it is on the political front, that the country has taken a real beating from a succession of recent governments, some more pronounced than others. Political dissent is not tolerated. In the recent celebrated case of Chief Justice Shirani Bandaranayake, even judicial judgments that hurt the party in power were unacceptable to the government. Sarath Fonseka, like the Chief Justice, did not receive a fair trial. While the former’s distinguished record as an academic and a judicial officer is sought to be erased, the latter’s distinguished service as the Army Commander who ended the northern insurgency is also sought to be erased. Both have been victims of a flawed process that violatesnatural justice and the rule of law. In the pre-independence and the immediate post-independence period, there were two political cases where the Courts ruled against the government’s position and which the government accepted in the nature of the rule of law. One was the celebrated Bracegirdle Affair where the British government sought to deport a left-inclined young Australian planter. The Supreme Court struck down the deportation order as invalid. The other was the celebrated Trine case where the Theja Gunawardena, editor and publisher of the pro-left Trine newspaper was charged with defamation of the then Prime Minister. Here again, the Supreme Court dismissed the plaint brought forward by the Attorney General. Despite recent events, we can only hope that the Judiciary will as a body safeguard the rights and liberties of the citizen in terms of the rule of law, as their predecessors did.

It is not possible in a short column to fully analyse our successes and failures and to show clearly what we must do in areas where we have gone wrong. But one thing is clear. The country needs a leader who will have the vision, the character and the ability to mine-sweep the vermin with their hidden bombs intended to blast the unity and pluralism of our people.


Davos-2013: Directionless And Purposeless

By Kumar David -February 2, 2013 
Prof Kumar David
Colombo TelegraphSocialism, State-Capitalism and System-D
The futility of the World Economic Forum in Davos from 23 to 27 January drove home that state and corporate leaders of global capitalism are at sixes and sevens; President Obama did not bother to attend and the Chinese all but boycotted it. In truth it was a European affair and even then pulling in different directions. David Cameron dropped a bombshell saying that if he won the next election he would hold a YES/NO referendum on whether Britain will stay in the EU. Angela Merkel and the European Central Bank expressed opposite opinions on financial reform. George Soros and Nouriel Roubini said the world was staggering down the tubes.
Billionaire Soros prophesied darkly: “I have a very strong conviction the current approach is doing more harm than good. It has actually destabilised political stability in a number of countries, like Mexico. What is the answer? I think we will only find out by trial and error”. Professor Roubini warned that Central Bankers need to think about “turning off the cheap money tap or risk creating another, possibly worse, bubble. As you do a slow exit from QE you may create another bubble and make another crisis”. The international news agency Reuters says “Leaders of the world’s largest banks have gone some way to persuading investors that their industry’s near-death experience (sic) is over, even though the public still don’t trust them”.
The lesson of Davos is that capitalism is not a self-sustaining autonomous socio-economic order; left to itself it periodically collapses in paroxysms of crises. Capitalism survives today in an intensive care unit run by national states, global state conglomerates (G-7, G-20, etc) and multilateral agencies (IMF, ECB, etc). Capitalism, as we knew it since the end of the war where great corporations and fiancé houses swam in a “free-market”, is over. It is a mutated and muted creature, tightly regulated and kept on a short leash by the global state. This is why I call it a kind of state-capitalism, though not in the sense of the state owning much of the economy as in the classic fascist cases. Davos, if you take a step back and observe, was about states and multilateral agencies regulating and managing corporations, banks and finance capital.
When socialism?
There is no denying that the world’s socialists are no nearer their millennial goals either; socialism is certainly not just round the corner or visible just over the horizon. Folks like me must have the intellectual honesty to grant that we are not on some short and royal road to socialism. I will return to what the next stage appears to be anon, but first a few words about Marx’s vision. There are some things in Marx which have been vindicated splendidly. Like Darwin’s evolutionary schema, Marx’s historical materialist method has been so well validated that it has seamlessly seeped into all historical and social science. Secondly, his transformation of Hegel’s bipolar dialectic to deal with the dynamics of complex systems, de facto founding systems-science, is a theoretical break through. Putting the two together, Das Kapital was his masterpiece.
Darwin and Marx began with empirical groundings, constructed new theories, and founded original sciences. However, an interesting difference is that though Darwin explained how species evolved and differentiated themselves, he did not prognosticate what would emerge next. Nowhere in Darwin will you find science fiction about what will come after man, nor speculation about what new forms of mammal, insect, fish or reptile will turn up in future epochs in assorted corners of the earth. Wisely, Darwin stayed clear of that.
In revolutionary politics one cannot stay silent when mankind demands to know “What next?” In response, Marx sketched out a vision in a few bold strokes and called it socialism. He wrote no notebooks or cookbooks on how to “do socialism”; all we have are half a dozen intriguing quips. “From each according to his ability to each according to his needs”; “expropriate the expropriators”; “freedom of all is the condition for the freedom of each”; “the productive powers ensconced in collective human labour”, and such audacious but cryptic epigrams are all we have. Soviet Stalinism and the one party state in China are more a travesty than a fulfilment of this crystal-ball gazing.
There is only one diagram in Origin of Species and that is a bush – not a tree rising high into the sky – which Darwin uses to illustrate evolution. Evolution is like a bush where things are going on everywhere all the time; new viruses and bacteria are emerging by the day; new creatures evolve right now in isolated pockets in the sea; in some sequestered places new mammals may be rising up. In the last 3 million years many hominid shoots sprouted and died, one branch, homo sapiens, survived. Evolution is a like a bush with change everywhere, all the time; it’s not purposeful and linear like a tree, reaching up to the sky, preordained to culminate in our species.
Social evolution, on the other hand, is sometimes bush-like, and sometimes like a tree where one propensity dominates. The all powerful linear example, of course, was the rise of capitalism which subdued the whole world and transformed it in its own likeness. In a few hundred years capitalism remade all the world in its own image. (There are pockets of pre-capitalist social forms in nooks and crannies, but they are overwhelmed and disappearing). The rise of capitalism was like a great tree rising to the skies, it was no bush. In other periods of human history, however, society was more like a bush with different social forms flourishing in different places. European feudalism, the later Chinese dynasties, the Mayas and other mezzo-American civilisations, and the Gupta and Mogul civilisations of India, these were separate branches of a contemporaneous flourishing bush.
Socialists have long subscribed to a tree-like hypothesis of socialism succeeding capitalism as an inevitable event. The road, however, has not been so linear. Today, as global capitalism falls flat on its face let us pause to review what is taking its place. I have already dealt state regulated capitalism taking over in the West; the Chinese state is like the older model of state-capitalism; and we have a residuum of liberal-democracy everywhere, not as an economic system but as a political form. Already it’s a bush. And then we have System-D!
System-D
The future is being shaped everywhere by something new; the rise of the Shadow Economy (SE) or the informal economy. The informal economy is not to be confused with the black-market or an underworld economy. Nor should it be construed as a service sector of street sellers; the informal economy is engaged in a range of productive and service activities. Nor should the SE be thought of as an incipient form of classical capitalism; baby capitalism treading the road to modern industrial capitalism, as early capitalism once did in the metropolitan heartlands. No, this is not that kind of creature; it is a new economic phenomenon that is here to stay. Interestingly it is strong not only in developing countries, but also in Europe and America. It is a force in Asia and dominates Africa and Latin America.
The shadow economy is a big player all over the world and employees 1.8 billion people world-wide; its global size is estimated at $10 trillion, second only to the US formal economy, which it will surpass within 10 years. Starting as simple street merchants, outside the control of regulators, tax-collectors and the state, it now deals in an enormous range of activities; construction, home services and repairs, transport, trash pick-up, brokerage, and every type of merchandise sale – food, electronics, mobile phones, clothes, you name it. In some countries it undertakes jobs needing heavy machinery. It is a legitimate competitor to corporate capitalism as the latter staggers on its last legs.
Theoretical study of the shadow economy commenced only recently and there has been some research in the last five years. But a web search only throws up descriptive and statistical material (some data is reproduced here), not fundamental socio-political and class analysis. It is referred to as System-D, from the French ‘Systeme-D’, which term emerged on the streets of Francophone Africa and the Caribbean as “l’economie de la debroullardise”. The word debrouillard denotes a resourceful or enterprising person. The term was jazzed up by the streets into Systeme-D.
In Lanka we are ever so familiar with street vendors, craftsmen, small contractors, brokers, transport agents and 3-wheeler karayas. The economic strength of this sector is rising; it creates the equivalent of 30% of our GDP which goes uncounted in official statistics. This class is a political force, but Marxists have not explored it, though it is as important as the bourgeoisie, the working class and peasantry. It is essential to examine the ideology of this class as it is differentiating itself from the traditional petty-bourgeois (sanga, vedda, guru, govi) as a distinctive social force. Its ideology in relation to the national question is crucial; is it a repository of deep racism? I hope not, and I don’t want to jump the gun, despite my unease about its relationship to Pakse ideology and the association of some of its elements with Mervyn-like good for nothings.
Whatever got into this merely free-thinking American chap to make him say two weeks ago:-
“We cannot mistake absolutism for principle, or substitute spectacle for politics, or treat name-calling as reasoned debate.  We must act; we must act knowing that our work will be imperfect.  We must act, knowing that today’s victories will be only partial”.
But he is right; Marxists too must think and act in the knowledge that “theories grow grey my friend but the tree of life is ever green” (Mephistopheles, in Goethe’s Faust}