Pablo’s Salvos

By Manekshaw-2017-10-28

The UN Special Rapporteur, on the promotion of truth, justice, reparation and guarantees of non-recurrence, Pablo de Greiff after his fourteen-day assignment in Sri Lanka released an extensive statement titled 'Sri Lanka continues to deprive itself of the benefits of Transitional Justice.'
Pablo de Greiff has also mentioned that he would even present a fuller report on his findings in Sri Lanka to the UN Human Rights Council next year.

The UN Rapporteur, after his meetings with President Sirisena, Prime Minister Wickremesinghe, Leader of the Opposition Sampanthan and several other prominent officials in Government followed by an extensive tour of the Northern and Eastern Provinces, released his report on his Sri Lankan assignment. In it he clearly indicates that Sri Lanka, yet has a long way to go, in implementing the Geneva Resolution, which the country had co-sponsored in 2015.

Pablo was visiting Sri Lanka, at a time when three Tamil PTA detainees were on a continuing hunger strike demanding their cases to be taken up in Vavuniya emphasizing the need to expedite the process to release the Tamil prisoners detained under the PTA.

The death of Jasintha Peiris, the disheartened fifty-eight-year old of Mannar, following her futile attempt in search of her husband and son, who were believed to have been abducted several years ago in Colombo, also occurred a few days before Pablo's visit to the country.

The UN Rapporteur travelling extensively in the country had not only interacted closely with the civilians from the war-torn Northern and Eastern Provinces, but had also met with Muslim civilians in the South of the country, who were devastated by the violence against them during the previous regime.

Mentioning the areas of concern, on his findings in Sri Lanka, Pablo, referring to the transitional justice issues, has stated that it was obvious that both civil society and parts of Government have travelled on a very steep learning curve regarding transitional justice issues.

Citing the bitter experience faced by former Lankan envoy to Brazil General Jagath Jayasuriya over alleged war crimes, during his tenure as the Army Commander, the UN Rapporteur has even warned that the issue was only the tip of an iceberg and pointed out that there were possibilities of more problems of that nature emerging in the future unless Sri Lanka acts promptly in dealing with the alleged war crimes by establishing a credible judicial mechanism acceptable to the international community as well as to all those seeking justice.

Salvos

So the overall views expressed by Pablo, before his departure from the island, could very well be considered as salvos fired at the present regime on the drawbacks in implementing the UNHRC Resolution of October 2015.

As Sri Lanka is at present faced with a crisis situation in bringing out a new Constitution, the National Unity Government which came to power two years ago, is making several pledges to the international community. These are aimed towards resolving the post-war humanitarian issues as well as fulfilling the political aspirations of the people in the North and East. The Government is now in a highly complicated situation in responding to the expectations of the international community on spearheading a mechanism which could strike the right balance in dealing with the unresolved local issues.

While expressing his concerns on all unresolved post-war humanitarian issues, Pablo has focused specifically on the slow progress in transitional justice and pointed out that the delay in the process will affect the confidence building measures.

Pablo's Report has emphasized on the need to repeal the Prevention of Terrorism Act (PTA) and its prompt replacement by new counterterrorism legislation that adheres to international best practices.
The interaction Pablo had with the civilians from the war-torn areas had brought to light the day-to-day problems faced by the people, due to continued harassment and surveillance by security and intelligence personnel.

Focusing on the extensive military presence in the North and East with land areas in the possession of the Security Forces, Pablo has suggested a comprehensive mapping of land areas in the possession of Security Forces and requested to produce a strategy with deadlines for the release and plans for compensation of those areas that will not be returned.

He also mentioned that a procedure should be established that does not make the Armed Forces the sole voice in deciding this question.

So the issues of involuntarily disappeared persons, Tamil detainees under Prevention of Terrorism Act (PTA) and the lands in the possession of the Security Forces still remain the burning issues with protests in the form of hunger strikes and demonstrations in the Northern and Eastern Provinces. UN Rapporteur Pablo's observations remain as a warning not only to the Government but also to the Joint Opposition as a reminder that whoever remains in power the international community remains unwavering in dealing with Sri Lanka.

Mullivaikkaal land-grab protestors block Vadduvakal bridge from land surveyors

27Oct 2017

Mullaitivu residents protested against landgrabs in Mullivaikkaal, forcing surveyors to turn back from the area.

Owners of 617 acres of land gazetted for appropriation by the Sri Lankan Navy who have vowed to fight the landgrab were joined in protest on Thursday by locals and politicians.

Protestors blocked the Vadduvakal bridge over the Nandikadal lagoon, preventing surveyors from beginning the official surveying process for the appropriation of the land. The A35 Paranthan-Mullaitivu Road was also blocked as a result.

The protestors only agreed to unblock the road when the Mullaitivu district's Assistant Government Agent informed them that the surveying would not take place that day and that he would take their land grievances to the appropriate authorities.

Police officers and intelligence personnel were seen photographing individual protestors.

Related Articles: 

26 October 2017 : Mullivaikkaal landowners to challenge Sri Lanka Navy landgrab

05 October 2017 : Sri Lankan navy to acquire 672 acres in Mullivaikkaal

FEDERALISM IN SRI LANKA: DAYAN JAYATILLEKA VS CHANDRIKA KUMARATUNGA; WHO IS RIGHT?

27/10/2017

Writing in The Island (27 Oct 2017) , Dayan Jayatilleka, former Sri Lanka ambassadress to Geneva and a ardent supporter of Gotabhaya Rajapaksa argues that former president Chandrika Kumaratunga is the person behind  “toxic, corrosive and highly inflammable” proposed  non- unitary new constitution draft” .

He writes thus:

[Today] We have the Sirimavo Bandaranaike-Felix Dias Bandaranaike-Colvin R. de Silva unitary Constitution assaulted by Chandrika Bandaranaike and Jayampathy Wickremaratne.

“The mother of the new, non-unitary constitution is Chandrika Bandaranaike Kumaratunga. This was what two publications with a largely Tamil readership, the Uthayan and the respected Tamil Times (London) published in 1994, quoting Wasantharajah, soon to be President Chandrika’s appointee as Chairman Rupavahini:

‘Chandrika replied as follows: “…The present provincial council system is useless…The word ‘federal’ has been abused in the past. Therefore we will avoid that word and implement devolution in a meaningful manner. The country can be divided into five units of devolution, and wide powers can be granted to them. It will be possible to find a solution to the ethnic problem by bringing the North and the Tamil areas of the East under one unit and giving it the necessary powers”. ’ (Tamil Times, 15 July 1994)”

This was CBK in 1994.  She may be holding on to the same ideas even now.

Writing in the same news paper just 13 years ago, and 10 years after the CBK’s interview quoted above this is what Dayan Jayatilleka wrote.

” All viable Tamil strategy has to be in the explicit context of an independent, sovereign, united (but not necessarily unitary), democratic and free Sri Lanka. These are non-negotiable core values and attributes of the State, which the South must not, cannot and in the final instance will not compromise on. The Tamils must realize this. What is negotiable is the form of the state: federal, quasi-federal, silently agnostic, devolved and regionally autonomous. The Sinhalese must recognize that unity can be preserved only at the cost of the unitary.”  (The Island 31 Oct 2004)

….”Secondly to push it to an explicit platform of federalism, not Tamil Eelam: Federalism will secure international support while the latter will not, and may antagonise the Sinhalese, pushing them to tilt tacitly to the Tigers, just as Vardharajaperumal’s UDI did.”

Jayatilleka went further than CBK and advocated Federalist constitution for Sri Lanka.

If we go back to history a little more  we can find Jayatilleka even justifying the Tamil militant armed struggle thus:

…”This unfortunately has drawn significant layers of the proletariat into the reactionary consensus. My purpose then is to make two points:

(a) The armed actions in the North are not terroristic and alien to Marxism-Leninism but are in fact typical of an early stage of a protracted peoples war of national liberation.

(b) These actions are very much in the authentic tradition of the Bolsheviks under Lenin.”  ( 1982, Lanka Guardian)

So the question is  that if Jayatilleka was wrong then how cam he be right even now?
– SLB

Is There An Alternative?

By Emil van der Poorten –OCTOBER 28, 2017

Emil van der Poorten

There is increasing frustration created by the fact that a government which proclaimed its adherence to all that is sacred in democratic practice has continued to slide into the slough of equivocation and the practice of the very corruption that they derided while in opposition. Their bumbling and stumbling along, trying to be all things to all people save those who try to adhere to principled conduct, has earned the disdain of every thinking Sri Lankan.

The Ranil Wickremesinge (RW)/Maithripala Sirisena (MS) coalition appears to be a study in confusion, the only consistency being in the matter of looking after the financial well-being of its constituent members.

The open wound that is the South Asian Institute of Technology and Medicine (SAITM) issue, has not seen anything resembling firm action of any description to stop its continuing putrefaction. The old adage, “S…t or get off the pot” would be an appropriate admonition to those supposedly having authority to act on this issue. Its prolongation has done nothing but inconvenience the public with no resolution in sight. In this context, I cannot resist the temptation of asking a question I have asked several times before of those such as the Government Medical Officers’ Association (GMOA) who persist in acting “holier than thou:” “Why was this not an issue when Mahinda Rajapaksa was doling out hundreds of millions from the national treasury to establish this very institution?”

One doesn’t need a crystal ball to conclude that there is an orchestrated campaign to destroy whatever was gained in the way of democratic practice in January 2015.  Given the fact that the Rajapaksa horde has effectively alienated all the minority communities of this country, save for that rump of the Roman Catholic community still influenced by a Cardinal who was consistently and vociferously supportive of Mahinda Rajapaksa and all he represented, the chances of the Rajapaksa family returning to its hegemonic status through democratic means – one man/woman, one vote – is anything but a probability. That state of affairs only leaves one avenue open to those seeking to unseat the current Yahapalanaya government: making the country ungovernable. That they are on their way to success in this endeavour is obvious, the chances of that endeavour being successful enhanced by the behaviour of the RW/MS lot who appear to believe that anything resembling a sea-change in governance will affect them, if at all, only marginally.

The current lot are in cahoots with those who might unseat them because, as they perceive the situation, the only risk they run in the event of the return of their predecessors is, perhaps, competition in their plunder of the public purse. No sea change, only the possibility of a slight reduction in their misappropriation capacity. At first glance, it is easy enough to fall into the trap of thinking that it is only ineptitude and stupidity that is generating the stumbling around of the present lot.  Look a little harder and you will realize that this conduct flows from the simple reality that there is little, if anything, to choose between them and their predecessors. More dangerous yet is the fact that both sides of this coin have realized that they are precisely that – two sides of the same (debased) currency – and are conducting themselves accordingly.

The pattern was set before the last general election with the elevation of Karu Jayasuriya to the upper levels of the United National Party.  Mr. Jayasuriya had led a massive defection of members of the UNP caucus to the Rajapaksa regime, presenting the President of that time with the means of destroying anything resembling democratic practice which had survived J. R. Jayewardene and those who chose to walk in his footsteps. In a nutshell, Karu Jayasuriya presented Mahinda Rajapaksa with the steamroller majority that he applied to whatever was left of principled democratic parliamentary procedures and practice.

When Mr. Jayasuriya’s petulance at his new boss’s conduct of affairs did not permit his remaining in MR’s fold, he returned to hurrahs from the United National Party. 

Something else of significance was that the fact that he left with a dozen and half of the UNP caucus and returned alone generated nary a mutter from a national media whose conduct was hardly exceptional given its kowtowing to one or the other of the major political configurations of this country. That is also indicative of something else in the Pearl of the Orient: the media choosing not to provide anything resembling political analysis of any depth because, in their wisdom, they know that at the end of the day, you don’t bite the hand that feeds you or one that might soon be delivering crumbs from the national table to you!

Read More

CONSENSUS ON UNITARY STATE & ABOLITION OF PRESIDENTIALISM NECESSARY FOR A NEW CONSTITUTION – ASANGA WELIKALA

Image: The absence of a policy and strategy of political communication aimed at sustaining public knowledge, engagement, and support for reform has led to the danger of  anti reform politics staging  a come back.

27/10/2017

It is silly in the extreme to think that having the words ‘unitary state’ in a piece of paper called the constitution magically protects us from state failure.

In Sri Lanka, the significance of these old labels is about their use as discursive weapons by ethnic-nationalist ideologues.

CONSENSUS ON UNITARY STATE & ABOLITION OF PRESIDENTIALISM NECESSARY FOR A NEW CONSTITUTION – ASANGA WELIKAL... by Thavam Ratna on Scribd

Documenting Sri Lanka’s Ethnic Minorities: The Other 2%

Published Fri 27th October 2017

Sri Lanka is home to 21 million people, 19 ethnicities, and four officially recognized religions. For the longest time, however, there were no official records of most of the island’s ethno-religious minorities. The ones we know about are the Sinhalese, Tamils, and Moors, given that they are taught in school. Everyone else—who make up two percent of the population—is categorised as ‘other’.
Who though, are the ‘other’s? In January this year, the Ministry of National Co-existence, Dialogue and Official Languages released People of Sri Lanka, a publication which officially documents all ethnic communities in the country.

Documenting Sri Lanka’s Ethnic Minorities The Other 2%.docx by Thavam Ratna on Scribd

Warnings of the Cost of Crooked Politics

October 27, 2017, 9:49 pm 

Rising cost of living would make it difficult to face elections – President

Does the government really want to face elections?

The record of the past two years would show the government is, in fact, running away from elections, than wanting to face and contest them. This is true of both Local Government and Provincial Council polls. We will certainly have to wait and see if it wants to face another Presidential Poll and, more importantly, the next General Election.

A Presidential Poll, may not be needed if the Executive Presidency is abolished; but the General Election – could there be new legislation to delay it by some devious and errant means, as we saw happen for the Provincial Council polls? Will there be a new category of voters with rights to parliamentary representation? Why not have representatives of Sri Lankans living abroad elected? I’m sure the Poll Delay Minister Faiszer Musthapha will have a package ready for it.

Because the President’s worry was about the Cost of Living, let’s look at the Costs of Government that have contributed to rising living costs, in case the Yahapalanaya President does not know of these.

How much have political vehicles - luxury cars for MPs, Ministers, and senior officials, contributed to the budget deficit – that lead to the cost of living? The many millions in foreign exchange are not readily counted. They are brought for MPs and Ministers to serve their voters – to win the next poll; is that true?

Attached to this import of luxury travel, is the cost of the duty waiver on these vehicles, not just once in a term of government, but many times over, with the politicians and other official beneficiaries, raking millions through the sale of Duty Free permits. This is certainly a cost of corruption that will be in the minds of future voters at any election.

How much does each voter have to pay to maintain the MPs who will seek re-election, or their parties – through the Rs. 100,000 provided each month to 225 MPs to manage the political offices in their electoral districts? Did the public ever call for such a parliamentary bribe to its honourable members? Very costly, indeed!

How much do the house and office costs of MP and Ministers add to the cost of living that has to be borne by the voter? Does the President not know how much of this staggering cost, is for the long unoccupied Ministry of Agriculture – headed by the General Secretary of the SLFP? That is hardly the stuff of election-winning politics.

Talking of what is so common today – the cost of Bond Scams. How much would the Treasury Bond Scams have added to the Cost of Living? We are not talking about the cost of the Presidential Commission of Inquiry; the people would readily meet such costs. But the massive crooked activity that has been exposed – by Treasury bond dealers and also the manipulators in the Central Bank, Finance Ministry, several State Banks and the Employees’ Provident Fund. Surely this staggering amount – many billions of rupees, about which the Prime Minister of Yahapalanaya, too, must have much to explain– would also contribute to the Cost of Living that is beginning to frighten the President.

The President’s concerns about the Cost of Living posing a threat to the next election - obviously to those who hold the reins of power has much of political reality today. But there are bigger concerns that could very well shake up whatever confidence the people had in electing this Yahapalanaya Team, which has now turned out to be a team for their own crooked power, and not the service of the people.

While the rising Cost of Living will hang in the rear, there are bigger issues much more in focus that will affect any and every coming poll – whenever they are held. These include how much has been achieved in the promised fight against corruption in government – the theme of the Yahapalanaya Campaign, and the pledge of the Common Candidate – the President himself.

How can the people be convinced that a genuine fight against corruption is taking place when many who were suspected of corrupt deals in the past are now in the governmental embrace?

Also, whenever the next election that matters comes along, can the government show that it was genuinely interested in Sri Lanka having a New Constitution, and not the watered down farce that is most likely to be presented to the people: or even worse, no new constitution at all, being frightened by the so-called religious chants against it, as well as the bomb threats and warnings of the killings of those who call for such political change.

Yes, the next election is a poser – not only to the President but to all Sri Lankans.

விக்னேஸ்வரன் மீது அவதூறு; பகிரங்க மன்னிப்புக் கோரிய பத்தியாளர்

Friday, October 27, 2017

வடமாகாண முதலமைச்சர் சி.வி. விக்னேஸ்வரன் தொடர்பில் நான் எழுதிய தகவல்கள் தவறானவை, அவதூறானவை எனப் பிரபல அரசியல் பத்தியாளரும், கனடாவில் வாழ்ந்து வரும் சுயாதீன ஊடகவியலாளருமான டேவிட் புயல் சபாபதி ஜெயராஜ் தெரிவித்துள்ளதுடன் இது தொடர்பாக வடமாகாண முதலமைச்சரிடம் பகிரங்க மன்னிப்பும் கோரியுள்ளார்.

அத்துடன் குறித்த செய்திக் கட்டுரையைத் தான் மீளப் பெற்றுக் கொள்வதாகவும் அவர் தெரிவித்துள்ளார்.

வடமாகாண முதலமைச்சரும், நீதியரசருமான விக்னேஸ்வரன் கடந்த ஜனவரி மாதம் கனடா விஜயம் செய்திருந்தார். இதன் போது 'முதலமைச்சருடன் ஒரு மாலை' எனும் விருந்து நிகழ்வும் இடம்பெற்றிருந்தது.

கனடியத் தமிழர் சமூக அமையத்தின் ஏற்பாட்டில் இடம்பெற்ற இந்நிகழ்வின் மூலம் திரட்டப்பட்ட நிதியானது வடமாகாண முதலமைச்சருடைய ஆலோசகர் நிர்மலன் கார்த்திகேயனுக்கு வழங்கப்பட்டதாகவும், மக்களுக்கான உதவித் திட்டங்களுக்கு வழங்கப்பட்ட நிதியினை நிர்மலன் கார்த்திகேயன் தவறாகக் கையாண்டாரெனவும், இலங்கையின் பணமோசடிக் குற்றப் புலனாய்வுப் பிரிவினரிடம் இது தொடர்பான புகார் செய்யப்பட்டுள்ளதாகவும் உண்மைக்குப் புறம்பான செய்திக் கட்டுரையொன்றை டேவிட் புயல் சபாபதி ஜெயராஜ் தனது இணைய வலைத் தளத்தில் கடந்த சில மாதங்களுக்கு முன்னர் வெளியிட்டிருந்தாக தெரிவிக்கப்படுகின்றது.

வடமாகாண முதலமைச்சர் தொடர்பான குறித்த நிதி மோசடிக் குற்றச்சாட்டு இலங்கையிலும், உலகளாவிய ரீதியிலும் ஊடகங்களில் வெளியாகிப் பெரும் பரபரப்பை ஏற்படுத்தியிருந்தது.

இந்நிலையில் குறித்த நிகழ்வை ஏற்பாடு செய்திருந்த கனடிய தமிழர் சமூக அமையம் இந்தக் குற்றச்சாட்டை உடனடியாகவே மறுத்திருந்தது.

வடமாகாண முதலமைச்சர் தொடர்பில் அவதூறாக எழுதிய டேவிட் புயல் சபாபதி ஜெயராஜ்ஜிற்கு எதிராகச் சட்ட ரீதியான சில நடவடிக்கைகளும் மும்முரமாக முன்னெடுக்கப்பட்டு வந்தது.

இந்நிலையிலேயே வடமாகாண முதலமைச்சர் சி.வி. விக்னேஸ்வரன் தொடர்பில் தான் எழுதிய தகவல்கள் தவறானவை, அவதூறானவை எனத் தெரிவித்து அவர் பகிரங்க மன்னிப்புக் கோரியுள்ளார்.

மேற்படி நிகழ்வை ஏற்பாடு செய்த கனடியத் தமிழர் சமூக அமையம் இன்று (27) இது தொடர்பாக விசேட அறிக்கையொன்றை வெளியிட்டுள்ளது.

அந்த அறிக்கையில் மேலும் குறிப்பிடப்பட்டுள்ளதாவது, 

TCCSF Press Release - Apology and Retraction by DBS Jeyaraj of false reporting on his article On June 18,... by Thavam Ratna on Scribd

(செல்வநாயகம் ரவிசாந்)

Racial strife today and during 20th century

BY Kumari-2017-10-28

The way it is

Racial and religious disharmony proceeding to violence is prevalent in most parts of the world; worse in the Middle East with the militant ISIS there, the Taliban still causing trouble in Afghanistan and northwest Pakistan and now flared up in Myanmar. And all these trouble spots are churned up by Islamist. The Rohingya are native Burmese and have been discriminated against by the Burmans and other sub-races in Myanmar.

Recently, the Rohingya attacked a Burmese police post and so the military still ruling the land ordered countermeasures which turned violent and caused the Rohingya to flee their homes and land in the thousands, most across the border to Bangladesh and others by sea. Some were rescued in the seas off Sri Lanka, brought safely ashore by the Sri Lankan Navy and taken charge of by the UN Refugee organization. While detained in a safe house, some militant Sri Lankans led by those in yellow robes, attacked them. This was totally reprehensible. Police intervened and nothing much came of it.

The world condemns the Burmese Buddhists and government and calls for stripping State Counsellor Aung San Suu Kye of her Noble Peace prize; but her hands are tied. Even she, though winning elections hands down, is still under military rule and so cannot do much to help the Rohingya. In fact it looks as if she is anti-them, like her father.

The riots of 1915

Kumari goes far back to much before she was born - to 1915. Yes, almost a century ago a conflagration occurred between Muslims and Buddhists. A historian tells me that the enmity smouldered as the coast Muslims who were really trading Moors, settled down in this fair island and became prosperous businessmen. The simmering heat was encouraged to flame by the ruling Britons at the time – true to their political dictum of 'divide and rule'. A case had gone up to the District Court, in Colombo over these clashes. Judge Paul E. Peiris gave judgment in favour of the Sinhalese.
He quoted Clause 5 of the Kandyan Convention that gave protection to Buddhism. An appeal was made to the Supreme Court which overturned the earlier judgment on the premise that the Kandyan Convention was no longer in effect. Of course, the Brits reneged on their promises. Hence further trouble was expected, and brewing.

Carol cart

In Kandy on 29 May 1915, Vesak Day, against warnings, a carol cart proceeded near the mosque that is at the far end of Kandy town where the Kachcheri is located now. (A much used approach road to Anniewatte starts here). When the carol cart came opposite the mosque, jeering and stone throwing ensued. Clashes broke out and the hate and fire of torching spread to Matale, Gampola and along the Kandy-Colombo Road. Mercifully by 6 June that year the British, though they initially sparked the clashes, doused them very soon and peace settled back in the land, at least peace among the different religions. It was unity that was called for to resist the foreign power in the land, with religious amity promoted.

We do hope and pray our own leaders will clamp down most forcefully on anyone and everyone who instigates religious antipathy which can just burst into flames of conflict. We do not condone the actions of certain Buddhist monks who are fundamentalists.

Buddhism is best protected by living according to the Buddha's teaching with the four excellent qualities of loving kindness, sympathy, joy in other's well-being and equanimity promoted. The Muslims too need to give up fundamentalism on their part. We have too many economic problems to tackle without having religious turmoil and misguided patriotism intruding to make matters worse.

Decline of Buddhism: Can it be stopped?

Many ‘false’ Dhammas are emerging which has become a major threat. Buddha encouraged discussion and discourse but what is happening now is Bhikkus giving their own interpretations to gather a set of followers.

by Dr Upul Wijayawardhana- Oct 28, 2017

( October 28, 2017, Colombo, Sri Lanka Guardian) Impermanence is a quality of all things, preached the Buddha. Therefore, His teachings cannot be an exception to this law of nature, one can argue. But, on the other hand, the real crux of Buddha Dhamma are universal truths and how can universal truths decline or disappear? May be, Buddhism as a religion, may decline and disappear but the substance, at least a large part of it, will survive for the foreseeable future. Perhaps, my title should have been ‘Decline of Buddha Dhamma’ than Buddhism. In fact, some may welcome the decline of Buddhism so that rituals are replaced by true practices.

Some believe we are in a ‘terminal era’ where the gradual decline of Buddhism with ultimate demise, is inevitable. They also believe that Buddhism, then, will be non-existent for eons, till the birth of the next Buddha, Maithri. These concepts of previous Buddhas and a future Buddha are scientifically implausible and can only be believed with blind faith. To me, Gautama Buddha is a unique human being who, by the exploration of mind, discovered universal truths. By implying He is one of a cycle of Buddhas, all born in India, diminishes his unparalleled achievements. He was the originator of scientific thinking as exemplified by what he preached in Kalama Suttta but I will not go into details as much has been written on this Sutta. However, there is another Sutta, Kevaddha Sutta, that illustrates how important education is; leading to the avoidance of acceptance without questioning.

When Kevaddha, an ordinary householder in Nalanda, approached the Buddha and requested him to get one of the monks to perform miracles so that the people of Nalanda, a powerful and prosperous kingdom, would have greater faith in the Buddha, He replied: “Kevatta, there are these three miracles that I have declared, having directly known and realized them for myself. Which three? The miracle of psychic power, the miracle of telepathy, and the miracle of instruction.”

The Buddha went on to explain that psychic power may convince the believers but non-believer would say ‘There is already a charm, called Ghandari charm, used by many priests to exhibit psychic phenomena’. Similarly, non-believers of telepathy would say that many priests already use a charm called Manika. Seeing these drawbacks, I am disillusioned with these miracles and believe only in the miracle of instructions; instructing how to use the mind properly and goes on to explain how instruction can lead to enlightenment. Therefore, He called instructions the greatest miracle; instructions not to follow Him blindly but use the mind properly to achieve enlightenment.

While claiming to follow the teachings of such a rational teacher, we believe in the irrational. The occult attracts us and there are many Buddhist priests engaging in activities which the Buddha categorised as practices unworthy of a monk. Though we think ‘Mitya Distika’, (wrong believers) refers to those of other faiths, a surprisingly large number of Buddhists are wrong believers; believing in distorted versions of Buddhism.

Many have argued how long the Buddha Dhamma would last but this seems an exercise in futility and, instead, we should be concentrating on the question, whether there is a threat to the Dhamma and, more importantly, whether we can take corrective action. According to most authorities, the dangers are twofold; external and internal.

External threats

Early writers identified two external threats:

1. Invasion of India from the North West, which did occur but it did not affect Buddhism alone.
2. Regulation of Monks by rulers, which also did occur but more important was the withdrawal of facilities granted.

As far as I can see, the greatest threat, a very successful one at that, came from the Brahmins. Had the words of equality of the Buddha spread far and wise, fearing they would lose their claimed superiority based on an archaic system of caste, Brahmins conceived a cunning plan. They ‘swallowed’ the Buddha as the ninth avatar of Vishnu. Gradually their concepts crept into Buddhism and that is the Buddhism we practice today.

Internal threats

These are the reasons recorded by various writers and some are definitely stated in Suttas like Saddhammasamosa and Saddhammapatirupaka Sutta.

1. Admission of women to the monastic community
2. Lack of respect toward various elements of the Buddhist tradition
3. Lack of diligence in meditation practice
4. Carelessness in the transmission of the teachings
5. The emergence of divisions within the Sangha
6. The emergence of a false or ‘counterfeit’ Dhamma
7. Excessive association with secular society

Admission of women to the monastic tradition would lead to the halving of the lifespan of Buddha Sasana, the Buddha is supposed to have said and at the first Sangayana, Venerable Ananda was blamed by the assembled Arahants for enticing the Buddha to do this. Are we to believe that Ananda, who had not even got to the first step of enlightenment, could convince the Buddha? Are we to believe that Ananda was needed to remind the Buddha, who breast-fed him following the death of his mother? Are we to believe that the Buddha who preached equality was reluctant to grant equality to women for ordination? This seems an addition by Monks as an act of self-preservation. It is interesting to speculate whether the un-Buddhists behaviour of some monks would be diminished if we had a strong Bhikkuni Sasana. Anyway, it is women who protect the Sasana; obvious when you look at the crowds in any Buddhist religious ceremony where the vast majority are women.

Regarding the second, in Saddhammapatirupaka Sutta, the Buddha has stated that when the Sangha and laity, live without respect, without deference for the Teacher, for the Dhamma, for the Sangha, for the training and for the concentration, it lends to the disappearance of the Dhamma but has also said that reversal of these will ensure the protection of the Dhamma.

Lack of diligence in Meditation practice is very common as even Monks believe it is a practice for those of the monastic tradition. Fortunately, scientists have recognised the value of Mindfulness Meditation, introduced by the Buddha, and treatment modalities based on this are now in common use. Unfortunately, attempts by some to commercialise is bringing disrepute but this is likely to be temporary.

Regarding carelessness in the transmission of teachings, in Pathama Saddhmmasammosa Sutta, (as translated by E M Hare and appearing in obo.genaud.net/dhamma-vinaya) it is stated:

Herein, monks, carelessly the monks hear Dhamma;carelessly they master it;carelessly they bear it in mind;carelessly they test the good of the things borne in mind;knowing the good and knowing Dhamma,carelessly they go their ways in Dhamma by Dhamma.

Verily, monks, these are the five thingsthat lead to the confounding, the disappearance of Saddhamma.’

I referred to the divisions of Sangha in my article ‘Men in Robes’ (SATmag, 14 October) and am pleased to note that the Malwatta Chapter is already taking action on some of these misdeeds. Hope all three Nikayas will unite to take stern action against Bhikkus indulging in un-Buddhist activities.

Many ‘false’ Dhammas are emerging which has become a major threat. Buddha encouraged discussion and discourse but what is happening now is Bhikkus giving their own interpretations to gather a set of followers. Though not a Bhikku, the downfall of the Tibetan teacher Rinpoche, which I referred to in the same article, highlighted this problem.

Excessive association with secular society is interpreted by some as Monks indulging in non-religious activities but if Monks take part in activities for the common good, not their personal benefit, what harm is there?

It looks as if we, Buddhists, need to urge our Monks to listen to the words of the Buddha and change some of their ways so that Buddha Dhamma lasts for years to come. Even if Buddhism is in decline, even if actions that can reverse this is not taken, it is gratifying to note that some of the concepts the Buddha introduced, like Mindfulness is in the ascendency. Its application, albeit with modifications, are benefitting vast numbers of people of all races and religions all over the world.

MAJOR THREATS ENDANGER CONSTITUTIONAL DEBATE

Saturday, October 28, 2017

The debate on a new constitution is certainly gathering force, but regrettably it is largely a distorted debate due to deliberate efforts by those clearly opposed to a new constitution being adopted in the country, presenting the Interim Report of the Steering Committee of the Constitutional Assembly, which is the Parliament, as the Draft Constitution.

What is taking place is a debate on unreality, deceit, duplicity and falsehood, taking the constitution making process to one of political mendacity; going against the mandate given by the people in January 2015 for a new constitution, remove the Executive Presidency and make Sri Lanka a more democratic state, with wider sharing of power.

This debate of duplicity is being transformed into a confrontation on religion and not on the substance of the State, and the formulations of State policy for the future. In a situation where instead of statecraft that should be the substance of the discussion, so-called religiosity is pushed forward with the use of the yellow robe, wholly distorting the thinking on constitutional reform. This comes with threats of mass protests led by sections of the Maha Sangha, clearly orchestrated by political forces that look towards racial and religious divides in the country, to support their goals of majoritarian politics.

The new surge of Sangha driven politics, against any new constitution, or constitutional reform, calling for the present Constitution to be kept unchanged, wholly ignores the call for constitutional change from 1978, showing a dangerous ignorance of history in the politics of post-independence Sri Lanka, especially after the rise of the Sinhala Only majoritarian politics in 1956.

Banda - Chelva Pact

It is necessary to recall it was large scale protests led by the Sangha that led to the tearing up of the Bandaranaike - Chelvanayakam Pact in 1958, intended to reduce communal disagreements, with a certain level of autonomy to the Tamil people. Prime Minister Bandaranaike, who was compelled to tear the pact, said he was doing it under pressure, and the consequences would be seen much later. He was not alive to see the full bloody consequences of this pro-Sinhala-Buddhist majoritarian pressure by politicians displaying the influence and power of the yellow robe.

It was not very long after, in March 1965, that Prime Minister Dudley Senanayake signed an agreement with S. J. V. Chelvanayakam – known as the Dudley - Chelva Pact - seeking to resolve some important matters affecting the Tamil speaking people. This too saw huge protest led by sections of the Sangha, and in the final clash with the police at Kollupitiya one young monk was killed; leading to Prime Minister Dudley Senanayake having to do away with the Pact.

The results of these mass protest movements largely led by sections of the Sangha and serving the interests of political opponents of the then governments were seen not too long after; when the country was thrown into a thirty year fight against separatist terrorism led by the LTTE. That battle ended in May 2009, but the conditions that caused the rise of separatist forces among the Tamil people, especially the Tamil youth, have still not been fully addressed and resolved. One aspect of the proposed new constitution, as seen in the Steering Committee Report, is to address the larger issue of national unity, and ensure that peace prevails among the different communities and religions in the country.

The present threats made by sections of the Sangha to take to the streets and prevent any change in the Constitution, is clearly seeking to push the country and its people back to the days of the majoritarian rejection of minority rights, and fair play in a democracy. This threatens the country once again of antagonistic living among the communities in the country, with its dangerous consequences, as history has shown us, both in Sri Lanka and abroad.

Against Buddhist thought

It is necessary to emphasize that this campaign by sections of the Sangha against constitutional reform or change, is wholly against the principles of Buddhist teaching, which gives the highest importance to understanding, tolerance and compassion.

The Steering Committee Report gives different proposals on the position and description of the State – as Unitary, as proposed by members of the Constituent Assembly, who are all members of this Parliament, as well as the public who made representations to the Committee. Similarly, there are alternate proposals about the status of Buddhism in this country. All of these remain proposals which can be well debated and accepted, or amended and rejected by the Constituent Assembly (Parliament) at the debate next week. None of these are dictums, precepts or any doctrines of faith. They are open to good discussion and debate, proper analysis, scrutiny and assay in keeping with the core principles of Buddhist teaching. In such a context, the campaign being manipulated with the participation of sections of the Sangha, to give a wholly wrong message about a Draft Constitution, or certain dangerous clauses in a supposedly new constitution, is one meant to mislead the people. It is something which no person committed to reason and rationality, such as a follower of Buddhist teaching, whether in yellow robes or not, should accept.

This calls for a strong response from the Government on its own position vis-à-vis the proposals in the Steering Committee Report, and on the very concept and principle of a New Constitution. One noticeable aspect of the current debate on constitutional reform is the very large absence of direct government involvement. The debate is largely the theatre of the opposition both to the government and constitutional change. The divisions within the ruling coalition – the UNP and SLFP, as well as divisions within the formal and non-formal SLFP, is certainly pushing the government largely into a role of silence, where the government should be the key player in the debate. Both the UNP and SLFP cannot forget, or seem to not know the clear mandate given by the people for a new constitution. Most notably, it was part of the main message given by the Common Candidate, Maithripala Sirisena, at the campaign for the Presidential Poll on January 2015. This was the clear position of the late Ven. Maduluwawe Sobitha Thera, who led the civil society movement and wider campaign for the Common Candidate. The abolition of the Executive Presidency was a very clear part of this message.

As the debate on the Steering Committee Report approaches, the Prime Minister has been critical of what is seen as biased reporting by sections of the media, on the issue of constitutional reform and the Sangha. However, there is doubt in the public mind as to what the UNP’s concept of the new constitution would be, other than its clear opposition to the Executive Presidency. On the other hand, there is the SLFP which for decades was to abolish the Executive Presidency, now wanting to retain it, and also opposing a new constitution. This position of the SLFP certainly requires a clear leadership position by the Party Leader, President Sirisena.

There is also the somewhat unexpected position by former President Mahinda Rajapaksa, who is in support of abolishing the Executive Presidency, while opposing wider sharing of power among the people. This has much to do with the uncertainties of new political leadership.

What is clearly needed on this debate, to keep public support alive for a new constitution, is for President Sirisena and Prime Minister Wickremesinghe to take a joint stand on the issue, and make a declaration in support of a new constitution. This will help strengthen the people’s support throughout the country and also give a major push back to the racist and majoritarian forces, aligned with sections of the Sangha opposed to any constitutional change. Such unity by the leaders of the ruling coalition will help take this debate to the realization of public expectations that gave the mandate in January 2015.

The threats of violence

While sections of the Sangha are giving warnings of mass action against constitutional reform, there is a new danger of violence against those who support such changes in the structure of the State in Sri Lanka. The Members of Parliament, whether they support these changes or not, are all threatened by a bomb attack on Parliament, if a new constitution is adopted. This threat comes from none other than the leader of the National Freedom Front, Wimal Weerawansa, who thinks he should move beyond his farcical fasting to make a new mark in politics.

The other major threat comes from Major General Kamal Gunaratne, the author of ‘Ranamaga Ossey - Nandikadal’, and speaker at the pro-Gotabhaya Rajapaksa; “Viyath Maga” who says a new constitution would divide the country, those supporting it are traitors, who should be given death. There is also a description given how such dead should be carried insultingly low.

It remains a major question how the Buddhist campaign against constitutional change, can come together with such declarations of violence. It would seem that the campaign against new policies of the State is certainly displaying the threats that exist to democracy and peaceful loving people, amidst the political desperation of majoritarian racists.

While the Speaker will be attending to the threat announced by Wimal Weerawansa, the threat by Maj. Gen Kamal Gunaratne looks the stuff of criminality and legal action.