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, March 3, 2013


Central Committee summoned at the time of Chandrika’s event

Sunday, 03 March 2013
A large number of SLFP MPs were to attend the event held at the Bishop’s College auditorium on the 27th of February to mark the 25th death anniversary of Vijaya Kumaratunge. However, the President had summoned the SLFP Central Committee at the same time.
Therefore, the event organized by the Vijaya Kumaratunge Memorial Foundation was attended by Secretary of the Foundation, Minister Jeevan Kumaratunge, Western Province Governor, Alavi Moulana and a former leader f Vijaya Kumaratunge’s Mahajana Party, Minister Rajitha Senaratne.
A large number of SLFP seniors had confirmed their participation at the event and SLFP General Secretary Minister Maithripala Sirisena had personally informed Chandrika Kumaratunge that he would attend it.
Sirisena had also given a special comment to the book “Vijaya” that was launched at the event.
In the backdrop of the information given by Minister Senaratne to the President that intelligence reports had indicated that 60 SLFP members were in close contact with former President Chandrika Kumaratunge, several SLFPers have informed Chandrika that they could attend the event.

leaders intoxicated with power become maniacs easily – Chandrika

logoSUNDAY, 03 MARCH 2013 
Certain leaders amass unskilled, useless relatives around them due to fear of the skilled and those leaders who get intoxicated with power become maniacs easily says former President Ms. Chandrika Kumaratunga.
Speaking at the 10th Annual Sessions of the Sri Lanka Psychiatric Association held in Kandy on the 1st Ms. Kumaratunga said, “A leader should have good management skills to amass the talented and the skilled around him. Certain leaders are scared of those who are talented than them. They amass not the skilled but their chums or unskilled and useless relatives. For, such leaders think they could confide in them and they could be trusted.
Some leaders can endure due to their beliefs. It may be due to the self belief. The authority developed accordingly would be permanent. Also, it is very dangerous. We may be ruled by the parliament, the provincial council or any other local council. However, we get to know through their rule that leaders who get intoxicated with power become maniacs easily,” added former President.

Freedom Group accuses UKBA of withholding Sri Lanka torture information
[TamilNet, Saturday, 02 March 2013, 19:23 GMT]
TamilNetFreedom from Torture (FFT), a UK-based rights group, accused the UK Border Agency of withholding statistics for the last quarter of 2012 while the Agency planned for a mass removal of Tamils, including those whose protection claims have been refused, on the 28 February to Sri Lanka. Presenting data obtained from the Border Agency using the 'Freedom of Information (FOI) Act' the rights group said, "UK has granted refugee status to at least 15 people who were previously removed from the UK to Sri Lanka where they claim to have been tortured or otherwise harmed." 

The Border Agency released the information during the middle of an important case being heard by the Immigration and Asylum Chamber of the Upper Tribunal on the risks facing Tamils on return to Sri Lanka from the UK. Evidence supplied by Freedom from Torture of Tamils with even low level (real or imputed) links to the LTTE experiencing torture after voluntary return to Sri Lanka in the post-conflict period is central to the case.

The FOI disclosures contradict repeated claims by Ministers that there is no credible evidence that Tamils removed from the UK have faced torture in Sri Lanka. These denials, trumpeted by the Sri Lankan government, were reiterated earlier this month by Foreign and Commonwealth Office (FCO) Minister Alistair Burt during a trip to Sri Lanka. However, in the face of the UKBA's new disclosures to Freedom from Torture, the FCO told the Guardian that it is "urgently seeking further information from the Home Office about any allegations," FFT said in its website.

Meanwhile, in a similar report released by the US-based Human Rights Watch documented 75 cases of predominately Tamil men and women who were allegedly held in Sri Lankan detention centres and repeatedly raped and sexually abused by the military, police and intelligence officials.

Sri Lanka's security forces have used rape to torture and extract confessions from suspected Tamil separatists almost four years after the country's civil war ended, Human Rights Watch (HRW) said in a report released Tuesday this week.

Sri Lanka's ambassador to India, Prasad Kariyawasam, said the testimonies of 41 women, 31 men and 3 boys were likely made by "economic refugees" who "need a good story" to get asylum.

The Ambassador further told Reuters in an interview, "Human rights violations are taking place in all countries of the world. Why Sri Lanka is constantly targeted by Human Rights Watch is something we are disturbed about. They may be working with the U.S. government. I dare to say that because the HRW report is announced just as the resolution is to be presented to the Human Rights Council."


Six Navy officers injured during weapons training

By Ashan Paranahewa-2013-03-03


Six Navy officers who were injured during a weapons training session in Kayts, Jaffna this morning have been admitted to the Jaffna Hospital, Navy media Spokesperson Commander Kosala Warnakulasuriya told Ceylon Today Online.


The group of officers who were receiving the training were attached to the Navy camp based in Wellawane, Jaffna.


Commander Kosala Warnakulasuriya further stated that the injured officers have now been discharged from hospital following treatment. (Ceylon Today Online)

Saturday, March 2, 2013


TNA will work with international independent investigation designed to investigate crimes against humanity committed by both sides to the conflict - Sumanthiran

M.A. Sumanthiran: It is the Truth that will lead to any kind of meaningful reconciliation

SATURDAY, MARCH 2, 2013

SRI LANKA BRIEF
Speech made on 1 March 2013 by TNA M.P.M.A. Sumanthiran at the UNHRC Event in Geneva titled ‘The No Fire Zone’
On behalf of the Tamil People I wish to thank you Callum for the film. Our thanks are due to Amnesty International and Human Rights Watch for sponsoring this event.
A statement attributed to Schopenhauer says that every truth passes through three stages. In the first it is ridiculed, in the second it is opposed, in the third it is regarded as self-evident.

Truth is the first casualty of any war, we know that. I’d like to say that Truth must be the first step in any reconciliation process.

The UN Secretary General’s Panel of Experts which included Yasmin, has recommended an independent mechanism to investigate these alleged crimes.
As the elected representatives of the Tamil people, the Tamil National Alliance, endorsed that and called for

Independent International Investigations into the last phase of the war.

We think this and the on going violations and persecution of the Tamil population need to be investigated and stopped.

When the Channel 4 footage was first released, the Government of Sri Lanka vigorously opposed it. Yet the government-appointed Lessons Learnt and Reconciliation Commission (LLRC) it self recommended that it should be investigated.

Truth must be uncovered, other wise there cannot be any forward movement.

As has been shown in the film the on going violations and persecution of the Tamil population need to be investigated and stopped. If that is to end a mechanism mist beset up to go in to those violations.

It is the Truth that will lead to any kind of meaningful reconciliation. The on going violations and persecution of Tamil people in Sri Lanka must stop. If that is to end there has to be mechanism set up to go in to these mattes.

We will work with any international independent investigation that's designed to investigate war crimes and crimes against humanity committed by both sides to the conflict during the final stages of the war, and indeed the on going violations as well. That will be the way forward for reconciliation in Sri Lanka. 

Why Did The Left Enter The 1970 Coalition?


By Kumar David -March 2, 2013 |
Prof Kumar David
Colombo TelegraphWhy did the Left enter the 1970 Coalition?  Marxism and State Power – Part I . This is Part-1 of an abridged two part version of my chapter in The Republic at 40edited by Asanga Welikala, published by the Centre for Policy Alternatives in 2012. Part-2 will appear next week.
The drafting of the 1972 Republican Constitution was dominated by the larger than life figure of Dr Colvin R. de Silva (hereafter Colvin), co-leader with DrN.M. Perera (hereafter NM) of the Lanka Sama Samaja Party (LSSP). Although it was known, rather proudly in the party, as ‘Colvin’s Constitution,’ this terminology is emblematic not just of a Colvin phenomenon but a constitution to which the left parties, that is the LSSP and the Communist Party (CP), were inextricably bound. They cannot separate themselves from its conception, gestation and birth; it was theirs as much as it was the child of Mrs Bandaranaike.
My task is to discuss the affiliation of the LSSP-CP, their avowed Marxism, and the thinking of the leaders to a constitution that can, at least in hindsight, be euphemistically described as controversial. But that is where the quintessential paradox lies. The impossible contradiction is that historically it was the left that had for thirty-five years championed democracy and led the popular classes against authoritarian power; it was the left that stood against the dictatorial excesses of the state; it was the left that had spoken truth to power. Squaring this with the 1972 Constitution and its aftermath is a paradox that has baffled many.
The purpose of this essay is to examine this conundrum, and it requires a careful look at two matters: reflecting on the theoretical foundations of the LSSP, that is, its Marxism; what kind of Marxism was its Marxism? And second, a review of the class dynamics of postcolonial society; changes in socio-economy in the postcolonial world and Lanka, and the left’s perceptions thereof. These readings led the Old Left to make certain commitments in respect of the transformation of the state and the road to socialism; that is the heart of the matter. I write as an insider, someone who was wrapped up in the story, one way or the other, for the last sixty years. As a youngster I was drawn to the LSSP by the 1953 Hartal and later participated as an undergraduate at the momentous 1964 Party Conference.
From my vantage as an insider there is a misconception that I must lay to rest at the outset; it is sometimes said that the left now in government – the LSSP, CP and Democratic Left Front (DLF) allied to the SLFP in the United People’s Freedom Alliance (UPFA) – is an extension of the 1970 to 1975 experience. Nothing could be further from the truth. The project the Old Left undertook was the ambitious one of attempting to transform the state and lay the foundations for socialism. Yes, they failed, but the gravity of the task they set themselves and journey they set out on, was one of revolutionary proportions.
The actors in today’s UPFA-Left, as political personages and intellectuals, are a puny caricature of the men and women of yore, but this is not the point. Their project, actually the absence of one, is the stunning difference between today and 1970-75. The Old Left was rooted in a strategic perspective, it intended to change the world it; it intended to carry through a gigantic task. Today’s UPFA-Left is simply there; idle bodies without vision, perspective or purpose. It cannot shift the behaviour of the Rajapaksa government by one millimetre. I cannot imagine the Old Left subsisting on portfolios and petrol allowances. They, strategically, but the perks of office were not the stuff they were made of.
The Marxism of the LSSP: Historical Materialism
There is nothing in Marxism that has better stood the test of time than its foundation in historical materialism. “Man’s ideas, views and conceptions change with every change in the conditions of his material existence, his social relations and his social life” (CM). This is the scaffolding on which all modern economic, political and social discourse is constructed. The way society lives determines how it thinks; the principal ideas of every age flow from material, social and class struggles; the roots of ethnic conflict in Lankan minds lie buried in conflicts and jealousies over possessions and positions with consequences for the very nature of the state. Constitutions are made not to expound men’s ideas in the principles of constitution-making but as manifest expressions of conflicts in society.
The leaders of the Old Left, were living through these thought processes in their political practices. Did they err, if it is agreed they erred, in the specific decisions they made within their Marxist intellectual apparatus, or were they the victims of great changes in the external world outside their control? This essay will allow that both propositions have merit, but it will eventually conclude that greater weight must be assigned to the external factor.
Let me dwell on this paradox. Well before NM’s 1964 ‘coalition proposals’ to the party, Hector saw the changing post-1956 class scene and pushed for an alignment with the SLFP. I remember as a teenager listening to disputations at home where LSSP pundits held forth on the inevitability, or conversely the impossibility (“Oh God what are you saying Hector!”), of governmental alliances. His case was historical materialist; the debates I watched in awe were framed in concrete class, social and historical materialist categories. The debate was about a bourgeois that had failed to unify the nation and rise to national leadership, the small influence and semi-rural nature of the working class, the preponderance and power of the petty bourgeoisie in backward countries, about capital, the world context, and about imperialism.
To be fair, let the historical materialist record show the profound social changes that the post-colonial period ushered in. It has been too much written about to need repetition, but Marxists emphasise changes in class and social relations over cultural renaissance. Marxists focus on the rise of a national bourgeoisie, the role of the petty bourgeoisie in democratic enfranchised polities, the place of new political agents corresponding to these changes (in simpler words, the SLFP), and the politics of exclusion between the island’s two main communities. This is not an only-Ceylon story, but spreads across all postcolonial nations and is lubricated by the explosive post-war boom that provided space and project aid (from Gal Oya to Aswan to Mahaweli). The Cold War allowed these nations to play both sides; it was the age of non-alignment, Nehru, Tito and Nasser.
Let the historical materialist record also show the profound shock that this phenomenal surge sent through the left. If “man’s ideas, views and conceptions change with every change in the conditions of his material existence, his social relations and his social life,” how could it be that now it bypassed the left? This concern surfaced in 1956 but the shock hit in 1960. In March that year the LSSP sought to gain control of government by winning an election but when it went down in massive defeat, disillusionment with the former categories of discourse set in, and disputations regarding strategic alliances with the petty bourgeoisies commenced. Not many outside the LSSP know that if Mrs B had not secured a working majority in July 1960, May 1970 would have happened in July 1960; in any case it first happened, briefly, in June 1964.
Socialism, Class Struggle and Constitutions
It is necessary to backtrack a little because the issue is not only the state but also the socio-economic agenda, that is to say socialism. The LSSP consolidated the working class movement, and after the war the CP joined in. From Mooloya, the Wellawatte Spinning and Weaving Mills, the GCSU, the 1948 General Strike, resisting the stripping of citizenship of Tamil plantation workers, to the great final episode the 1953 Hartal, the LSSP stood at the helm of the working class. The Hartal is particularly important, as some have argued that it could have been taken forward to a revolutionary seizure of state power. Nonsense, there was no such possibility; the LSSP acted correctly in taking it forward to a point and then restraining it before it was crushed. The working class came out stronger thanks to the correct tactical handling of the Hartal; 1953 was still part of the gilded age.
Was the failure of the left located in the cultural and ideological domain? This was much debated post-1956 and post- Sinhala Only. I do not agree; the left could have pre-empted SWRD only by embracing his programme, championing Sinhala and sharpening anti-Tamil sentiment. Recall that in socio-economics the left stood far ahead of the SLFP on industrialisation, nationalisation and non-aligned foreign policy. What was missing was chauvinism; to take SWRD’s laurels would have needed snatching his programme, which thankfully the left resisted. Social progress and national unification did not reinforce, but opposed each other, in petty bourgeois culture.
Indeed a postcolonial cultural renaissance blossomed and reached new highs not only in Lanka but all over the world. However, racism, anti-secularism, and hostility to internationalisation were symbiotic with this upsurge. The swell of the petty bourgeois in the postcolonial world was accompanied by the ascendancy of this ideology. The left did not capitulate to Sinhala Only, rather, a reactionary culture, inimical to ethnic unification, but rooted in the socio-economic soil of the times defeated Samasamajism, the only real culture of national integration Lanka has ever known. Historical materialism was unkind to secular intellectual class hegemony in those days.
As a consequence the left was forced to share its dominant position in the working class with the SLFP. In Europe, despite defeats Labour, Communist and Social Democratic parties were never pushed out of their commanding positions in the trade unions by the alternative capitalist party. The reason is the difference in the character of the class itself. The real working class in this country for generations was in the plantations, cut off by space and race. The Sinhala urban working class was mixed with rural peoples and spaces; the gama(village), and constant physical, social and cultural overlap. The left leaders understood this existential reality and edged towards the judgement that there had to be a different way of transforming the state than laid down in the classical texts.
However, this creates a conundrum counterposing socialism and the road to socialism. In retrospect, was the left movement correct to explore other roads, the constitutional road to socialism, in alliance with a strident petty bourgeoisie? The left in Lanka was a socialist left, a new constitution and putative transformation of the state made sense only as a step to this objective. It is through the relationship of state and democracy to socialism that we enter the minds of the left leaders when they consented to write what was largely a bourgeois democratic constitution.
The Seductive Autonomy of the Democratic State
The relationship between the road to socialism and the relative autonomy of the bourgeois democratic state is the trickiest question confronting the left movement even today. The answer NM and his comrades gave to this question is the point of the transition class politics and the road to socialism, to the practices of alliance and coalition politics.
The capitalist mode of production distinguishes itself from all previous modes of production by the autonomy of the state, notably its relative autonomy from even the ruling class and the economy. In all previous social forms, the state represented the ruling class and economy with considerable directness. In the Asiatic mode of production, the state consisted of the department of taxation and the department of war. The emperor and court was the ruling class and this was replicated in the provincial nobility. In feudal society, the monarch of the realm, the lord of the manor and the bishop are both state and ruler; the class itself was the state.
The autonomy of the state from class, crucially even the ruling class and the economy, is a distinctive feature of the capitalist mode of production and is most developed in the bourgeois democratic republic. Though this autonomy is constrained, as I will discuss anon, it is not a charade, a counterfeit or an illusion; it is real and it seduced the Old Left into collaborative constitution-making in a particular global context.
No question about it, the bourgeois democratic republic is the most advanced (democratic, flexible, plural, accountable via the separation of powers, and where appropriate regionally devolved) state form that the world has seen. It was not born but evolved through immense struggles spread over centuries. Cromwell’s English Revolution of 1648 climaxed forty years later in the constitutional monarchy of the Glorious Revolution of 1688, but it took till 1928 for women’s suffrage to cement democracy in the UK. In France, the land of Enlightenment and the Great 1789 Revolution, women won the vote only in the Fourth Republic of 1945. From American independence in 1776 it was nine decades to the Civil War and the abolition of slavery, but in the fullness of time another century would elapse before the Civil Rights Act of 1964 was secured.
Since the seductive power of the bourgeois democratic republic lies in its relative autonomy from the ruling classes and capitalist economy, does it open space for the democratic state to be an instrument of social transformation? How does all this fit the story of coalition politics in Lanka? These are the questions I will turn to in Part-2 next week.
To be continued

Sri Lanka: questions from the killing fields


Editorial-1 March 2013

The Guardian home
The UN human rights council must take a long, hard look at the allegations of war crimes by the Sri Lankan state

After the showing of the documentary No Fire Zone in the Palais des Nations in Geneva yesterday, the Sri Lankan ambassador denounced it and criticised the UN human rights council for permitting the event to take place in a United Nations building. His speech was received in complete silence by a gathering which included a number of diplomats who are in Geneva to take part in the current session of the council, which is due to discuss Sri Lanka's human rights record. That silence, Sri Lanka's critics would say, was an eloquent one.
It certainly confirms at the very least that Sri Lankan president Mahinda Rajapaksa's contention that no significant war crimes were committed by the government side toward the end of the civil war in 2009 is widely doubted. The film, the third from Channel 4 to focus on alleged atrocities and illegal killings during the final weeks of the conflict, will be shown here later this year. TV documentaries do not constitute absolute proof, but they do raise questions that need answering, as do reports by such organisations as Amnesty International and the International Crisis Group, and from within the UN system itself.
So far, the answers have been less than convincing. Thousands died in attacks which apparently failed to discriminate between combatants and civilians. Others, unless the documentary footage is dismissed as entirely fraudulent, were executed, including children. Yet the International Crisis Group charges that "no credible investigations into allegations of war crimes, disappearances or other serious human rights violations" have been conducted.
It is not only the conduct of the war that is at issue. The conduct of the peace that has followed the end of the conflict is just as problematic. Instead of devolving power, the Sri Lankan government has relentlessly centralised. It has dropped restrictions on presidential terms and recently rid itself of a chief justice who had upheld provincial rights. Instead of demilitarising the north, the army is still dominant there. And instead of accepting criticism and dissent, it has suppressed both. The conclusion must be that it is a nonsense to hand the country starry international roles, such as the hosting of the Commonwealth heads of government meeting later this year.
A much tougher resolution on Sri Lanka should come out of the UN human rights council's session in the next few weeks, and that should be followed by a readiness among Commonwealth states to reconsider the Colombo venue. The Sri Lankan government has been masterly in defusing criticism by promising action but then failing to deliver. It should not be allowed to get away with it any longer.

Bigotry Of Sinhalabuddhism


By Sharmini Serasinghe -March 2, 2013
Sharmini Serasinghe
Colombo TelegraphIt appears that the Bodu Bala Sena (BBS) and its acolytes have taken a page from the book of the Anagarika Dharmapala (Homeless Protector of the Dhamma) in espousing the same flavour of bigotry as he did in pre independent Ceylon. Intolerance of the religion of the other was the ‘Dhamma’ protected, practiced and propagated by this ‘National Hero’ the Anagarika Dharmapala!
Given the sociological climate of pre independent Ceylon one could appreciate the fact that the Anagarika was rebelling against the British colonial invader who were subjugating the masses in the most deplorable way. But when one takes a closer look at the obvious, he was not fighting the colonial invaders on behalf of all Lankans as a whole but only on behalf of the Sinhalese Buddhists in the country. In such a context can he be regarded as a National Hero?
What is also obvious is that the Anagarika’s reasons for rejecting British imperialism were not so much about the overall political and economic betterment of the country but more about establishing a Sinhala nation as the perceived historical custodian of Buddhism.
Though he died fifteen years prior to British occupied Ceylon gained independence he had aspired for Lanka to eventually emerge as a nation where Buddhism and the ‘pristine glory’ of his Sinhalese people could flourish again. Followers of other religious faith were therefore not included in his equation of a nation. This posture clearly divided the Sinhalese Buddhists of Lanka and the other ethno-religious citizenry of the country.
Therefore the Anagarika cannot be regarded as a pristine model of Buddhism which he aptly demonstrated through his chauvinistic rhetorical fire aimed not only at the colonial invaders but at his own countrymen as well. For him Lanka was only for Sinhala Buddhists and none other!
The Anagarika appears to have suffered from an acute persecution complex with regard to the survival of Buddhism, perhaps born out of a malaise of what he suffered under the British invader. He seems to have entertained a morbid fear of Buddhism becoming extinct.
Therefore he donned the mantle of a ‘Bodhisattva’ and projected himself as the saviour of Buddhism despite the Buddha not having entrusted him with the task of doing so. Nevertheless he did a bad job of it. Instead of spreading the message of the Dhamma and living by example as the Buddha had preached it, the Anagarika added his own flavour to the faith in the form of intolerance of other religions and ethnic groups- the exact opposite of the Dhamma.
The Anagarika’s intolerance of the other was clearly evinced through his customary vitriolic rhetorical fire-
He said “This bright, beautiful island was made into a Paradise by the Aryan Sinhalese before its destruction was brought about by the barbaric vandals. Its people did not know irreligion … Christianity and polytheism [i.e. Hinduism] are responsible for the vulgar practices of killing animals, stealing, prostitution, licentiousness, lying and drunkenness … The ancient, historic, refined people, under the diabolism of vicious paganism, introduced by the British administrators, are now declining slowly away.”
He also said “The Muhammedans, an alien people … by shylockian methods become prosperous like Jews. The Sinhala sons of the soil, whose ancestors for 2358 years had shed rivers of blood to keep the country free of alien invaders … are in the eyes of the British only vagabonds. The Alien South Indian Muhammedan come to Ceylon, sees the neglected villager, without any experience in trade … and the result is that the Muhammedan thrives and the sons of the sol go to the wall.
This posture of the Anagarika contributed to religious tension between Buddhists and Muslims of pre independent Ceylon culminating in what history records as the ‘1915 Riots.’ It is said that the numbers of Lankans killed in these riots were in the thousands. For this the Anagarika too has blood on his hands while giving a foothold for ‘ethnocratic’ politics in post independent Lanka to take root as espoused by SWRD Bandaranaike.
In the end what the Anagarika propagated amongst the masses was a chauvinistic ideology under the banner of Buddhism devoid of the philosophy, intellectuality and a path to self discovery of the truth as the Buddha meant it to be. The Anagarika ‘Buddhism’ also comprised of unearthing Buddhist relics of the past and setting up symbols encouraging his followers to worship and revere Buddhism- the exact opposite of what the Buddha preached. Therefore the Anagarika’s ‘Buddhism’ was from the ‘outside’ and not the ‘inside’.
By doing so he contributed more to Buddhist archeology than to the Dhamma. By doing so he diverted the philosophy to a religion of worship catering to the gullible. By doing so he turned the philosophy into hypocrisy. By doing so he sapped the essence of the Dhamma!
In today’s context it appears the BBS, JHU and the rest of its ilk have chosen the path of ‘Buddhism’ as propagated by the Anagarika Dharmapala. It is precisely what he strived to establish in Lanka all those years ago- a Sinhalabuddhist nation with a subservient other. Therefore what is being observed today by the extremists under the banner of Buddhism is in effect the Anagarika’s ‘Sinhalabuddhism’ and not Buddhism.
Hence, would it not be better for those statues of the Buddha to be replaced by statues of the Anagarika Dharmapala?
Let those of us who wish to observe and follow the teachings of the Buddha as per the Dhamma be permitted to do so since Buddhists do not require statues to worship anyway and let the rest- the Sinhalabuddhist extremists follow their own path to self-destruction. After all this is a democracy!
Given all the above could the Anagarika be regarded as a National Hero or a Sinhalabuddhist Hero? I believe the latter would be more appropriate.
Geoffrey Robertson: Sri Lanka’s Shameful Attack on Chief Justice


The government’s underhanded firing of its chief justice is set to go unpunished—unless the international community acts to send a message, says Geoffrey Robertson. 


The U.S. administration has put the case of Sri Lanka on the agenda of the United Nations’ Human Rights Council this month, demanding some accountability from the government of Mahinda Rajapaksa for the Army’s slaughter of some 40,000 Tamil civilians. Now the regime has added fuel to its human rights bonfire by sacking its chief justice, in defiance of all rules about judicial independence, in revenge for her ruling that a decision about legislation increasing its powers (especially over Tamils) was unconstitutional.
Sri Lanka Chief Justice
Sri Lanka's dismissed Chief Justice Shirani Bandaranayake looks out from her car in Colombo, Sri Lanka, Tuesday, Jan. 15, 2013. (Gemunu Amarasinghe/AP)
Sri Lanka’s contempt for the rule of law is looming as a disaster for the Commonwealth (formerly “the British Commonwealth”), a group of 54 democratic nations headed by the British queen. It has suspended Robert Mugabe’s Zimbabwe and the military dictatorship in Fiji, but acting against Sri Lanka is becoming a diplomatic nightmare. That is because the high point of this year’s Commonwealth calendar, its November Commonwealth Heads of Government Meeting (CHOGM) is scheduled for Colombo, where it will provide a propaganda bonanza for its host, President Rajapaksa. The British government is considering whether to allow the queen to attend, while Canada wants to switch the venue to the exemplary democracy of Mauritius. Why did Sri Lanka add to its human rights problem by destroying the independence of its judiciary?
Chief Justice Shirani Bandaranayake, former dean of the Colombo law school and the first woman to be made a Supreme Court judge, is a highly respected jurist. Last year she infuriated the government by declaring unconstitutional a bill introduced by the president’s brother, the minister for the Economic Development, that would have centralized political power (especially at the expense of the northern, largely Tamil province) and would have given the minister wide-ranging powers to infringe upon civil liberties. So the government decided to remove her. One hundred and seventeen of their tame M.P.s introduced a bill to impeach her on 14 charges of alleged “misconduct.”
“Impeachment” is an arcane process whereby Parliament tries the misconduct charges and requests the head of state to remove a guilty jurist. Normally the judge will first have been convicted of a crime by the courts and will be impeached on the basis of that finding, which would have been reached by an independent and impartial tribunal. But the principle of judicial independence requires that no judge should be impeached for doing his or her duty merely because the decision has upset the government. That is exactly what the Rajapaksa government has done in the case of Bandaranayake.
Three of the charges accused her of misinterpreting the Constitution. But it is a judge’s job to interpret the Constitution, and she gave it a purposive construction with which most judges—in America, the U.K., and elsewhere—would have agreed. Indeed, with two colleagues who joined in her judgment she interpreted the meaning of a key word in the Constitution by looking it up in the Oxford English Dictionary—a familiar source of linguistic enlightenment in courts throughout the English-speaking world. But not for these 117 M.P.s, who claimed to know more about constitutional law than a judge who had delivered more than 300 decisions on this subject since her appointment to the bench in 1998.
There is a new tool available to name and shame those who share some responsibility for human rights abuses.
If politicians assume the power to sack a respected judge, they must at least afford her a fair trial. So to whom did the speaker, Rajapaksa’s elder brother, entrust this task? To a “Star Chamber” of seven government ministers, two of whom had been personally involved in cases where she had ruled against them. It sat in secret, refusing the chief justice’s request to admit the public and even refusing to have international observers. It declined to be bound by any rules about the prosecution bearing the burden of proof, and it gave her no time to prepare any defense—she was presented with 1,000 pages of evidence and told to be ready for a trial that would start the following day. The tribunal chairman told her expressly that they would allow no witnesses, whereupon she and her counsel walked out, despairing of any fair trial. The next day, in her absence and without notice to her, they called 16 witnesses, whom she could not in consequence cross-examine.
The result was a foregone conclusion. She was found “guilty” on three charges of misconduct on evidence that could not stand up in any real court and could not in any event amount to “misconduct” under any sensible definition of that term. For example, the fact that her bank had addressed her as “chief justice” on her bank statements was regarded as an abuse of office justifying her removal. Because her husband had been summonsed to attend a magistrates’ court, this was sexistly said to be “misconduct” on her part although she had not conducted herself at all. The Supreme Court quashed the findings of guilt, but the president refused to obey their orders.
The pro-Rajapaksa majority in Parliament duly asked the president to sack her, which he immediately did, appointing the government legal adviser, who had no judicial experience, as chief justice in her place. Her impeachment was celebrated by a fireworks display from the Sri Lankan Navy, and by entertainment, feasting, and fireworks supplied by the government to a crowd surrounding her home. Perhaps the nastiest aspect of the impeachment was the government’s tactic of busing in demonstrators with placards abusing the chief justice and encouraging the state media to join in the witch hunt. Sri Lanka’s judges and magistrates have formally protested, and its lawyers have held candlelight processions to lament the “darkness that has descended” over the rule of law.
Will the queen travel to Sri Lanka to give the Rajapaksa regime the royal seal of approval? She is part of the Commonwealth’s problem: as an inoffensive ceremonial personage, she cannot provide any real leadership for an organization of 54 disparate nations. The position is not hereditary, and many want her to follow the pope’s lead and retire, so she could be replaced by humanitarian campaigner (and wife of Nelson Mandela) Graça Machel (or, after 2016, by an inspiring world leader eligible through his Kenyan paternity, namely Barack Obama). At present, without direction or any human rights purpose, the organization is adrift. Indeed, when some of its governments criticized Sri Lanka at the U.N., that country’s ambassador replied, “What is the value of the Commonwealth?” If CHOGM goes ahead at Colombo, the answer is very little.
Meanwhile, what can be done about the 117 Sri Lankan M.P.s who brought false and fabricated charges against a judge for doing her duty and the seven government ministers who tried her so unfairly? There is a new tool available to name and shame those who share some responsibility for human rights abuses—the  “train drivers to Auschwitz,” so to speak—without whose participation such events would not be possible. It is the Magnitsky Act, called after the law passed by the U.S. Congress last December, to identify and impose restrictions on Russians whose actions may have contributed to the death in Moscow of a whistleblowing lawyer. As applied to the Sri Lankan politicians, it would operate to deny them entry visas and freeze any bank accounts they hold in this country.
The Magnitsky Act got under the skin of Russian President Vladimir Putin so much that he stopped Americans from adopting Russian orphans. It is a means of naming, shaming, and causing a little pain to those complicit in human rights abuses who have some American interests. If the Commonwealth and the U.N. will not hold President Rajapaksa’s politicians and generals to account, Congress might step up to the plate.
Geoffrey Robertson’s Report for the British bar on the Chief Justice’s impeachment can be downloaded from http://www.barhumanrights.org.uk
- See more at: http://www.thedailybeast.com/articles/2013/03/01/geoffrey-robertson-sri-lanka-s-shameful-attack-on-chief-justice.html#sthash.dcIw8Ich.dpuf