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

Monday, June 10, 2019

The presidential hopefuls – Have they not read Article 43?


logoMonday, 10 June 2019 

The national poll for the election of the next president is required to be held between 8 November and 8 December this year. Since the incumbent President has now indicated that he might not be seeking re-election, Sri Lanka’s next president will assume that office as soon as the result of that election is declared by the Commissioner of Elections. 


Several potential candidates have already emerged. In fact, any elector who has attained the age of 35 years, is not a citizen of any other country, has not been twice elected to the office of president by the people, and is not disqualified from being elected to Parliament, is eligible to be a candidate provided he/she is nominated by a recognised political party or, if he/she has been an elected member of Parliament, by any other political party or by an elector.

Parliamentary government from 2020

Several of the potential candidates have already begun announcing their policies and programmes. Some have done so at well-attended, lavish meetings, in five-star hotels, while others have used social media to do so. These policies and programmes deal extensively with economic, social, national security, and other similar issues crucial to the governance of Sri Lanka. One candidate has even announced the text of a new constitution he intends to introduce.

Our newspapers regularly devote several columns to critical analyses of these proposed policies and programmes. Has no one yet realised that under the 19th Amendment, the process of replacing presidential government with parliamentary government will reach fruition on the day that President Sirisena ceases to hold office? On and after that date, it will be the policies and programmes of the political party securing a majority in Parliament that will be implemented throughout the country.

Next president cannot also be a minister

Article 42 of the Constitution states that the cabinet of ministers is charged with the direction and control of the government. It is the cabinet that is collectively responsible and answerable to Parliament. Under Article 45, only a Member of Parliament may be appointed a minister.

It was an unprecedented transitional provision in the 19th Amendment that enabled President Sirisena to assign to himself the Ministries of Defence, Mahaweli and Environment. That transitional provision ceases to operate when President Sirisena ceases to hold the office of President. The next president will not be entitled to assign to himself any ministry or any subject or function of government; not even the subject of Defence.

Role of next president

What then will be the role of the next president? He/she will be the head of state, the head of the executive (i.e. the government), and the commander-in-chief of the armed forces. That is precisely what President William Gopallawa was under the 1972 Constitution.

Indeed, even under the 1946 Constitution, executive power was vested in the Governor-General. All of them – Sir Henry Monck-Mason Moore, Lord Soulbury and Sir Oliver Goonetilleke – received copies of every Cabinet memorandum every week, and was then informed of the Cabinet decisions by the Prime Minister at the customary Wednesday lunch at Queen’s House. The only recorded instance of a Governor-General attending a Cabinet meeting is of Sir Oliver during the 1958 Emergency.

In terms of Article 42, which the 19th Amendment appears to have overlooked, the next president will continue to be the “head of the cabinet of ministers”. This probably means that he may chair meetings of the cabinet, as the speaker does meetings of Parliament. He may offer his opinion on cabinet memoranda and even initiate a discussion on a subject close to his heart. What he will not be able to do is seek to implement his “policy” in respect of a particular subject, since that would be to trespass on the territory of a duly appointed cabinet minister to whom that subject has been assigned.

President acts only on advice

The 19th Amendment has already: (i) removed the legal immunity enjoyed by the president; (ii) repealed the absolute power which the president enjoyed of appointing judges of the superior courts; the Attorney General, and other senior officials, and required him to do so only upon the recommendation of the Constitutional Council; (v) repealed the absolute power which the president enjoyed of appointing the independent commissions, and required him to do so only upon the recommendation of the Constitutional Council; (vi) repealed the absolute power which the president enjoyed of dissolving Parliament at any time, and enabled him to do so only at the request of Parliament, except during the final six months of its term; (vii) repealed the absolute power which the president enjoyed of appointing ministers and deputy ministers, and required him to do so only on the advice of the prime minister; (viii) repealed the absolute power which the president enjoyed of removing a minister or deputy minister, and required him to do so only on the advice of the prime minister; and (ix) repealed the absolute power which the president enjoyed of removing the prime minister from office.

Traditional powers of a head of state

The president will, of course, continue to enjoy the traditional rights of a head of state. He may declare war. However, his declaration of war will not be effective or operational unless the minister of defence provides the necessary manpower and weaponry to engage in warfare. He may appoint an ambassador, but his nominee will not be able to enter the territory of the state to which he has been accredited unless the minister of foreign affairs has sought and obtained the “Agreement” of the receiving state.

He may declare a state of emergency, but that declaration would be futile unless the cabinet of ministers provides the human and other resources to enforce it, and the declaration is then approved by Parliament. He will make the statement of government policy at the commencement of each session of Parliament, but that policy would not be his, but of the cabinet of ministers as presented to him by the prime minister.

Conclusion

If, in full and complete knowledge of the purely ceremonial nature of the office of the next president, some still wish to seek election, one must assume that their interest lies not in introducing and implementing some grand reform measures and welfare programmes (which the next president will not be able to do), but in satisfying some element of self-conceit or self-admiration.

If that be the driving force, why should billions of rupees be squandered, and the personal security of thousands of citizens put at risk, by conducting an island-wide election for the office of president? As very sensibly proposed by the JVP in the Bill for the 20th Amendment, and as is the practice in many other democratic countries including our neighbour India, does it not make sense to elect a nationally-respected person of knowledge, experience and integrity to the non-political high office of president of the republic either through Parliament or by a democratically constituted electoral college?

Thankfully, ‘another-1983’ seems unlikely

Sinhala-Buddhist extremism the gravest threat at this moment but . . .


article_image
It shall not happen again!
https://www.tamilguardian.com/content/black-july-part-sri-lankas-past-and-future

Dupes pardon, ruffs threaten
http://www.worldbnews.com/maithripala-sirisena-and-gnanasara-thero/

by Kumar David- 

The resignation of Muslim ministers is a consequence of inaction of the Sinhalese public against Sinhala-Buddhist (SB) extremism and a declaration of Muslim no-confidence in opportunist MPS, a spineless government that funks monks and punks, and a President whose pardon of a perfidious monk amounts to incitement. Still it seems that both jihadists and street mobs have been contained and those who remember 1983 can breathe a sigh of relief that nation-wide carnage on that scale seems unlikely. I circulated a survey to a few friends who reckon that another 1983 is unlikely and asked:

For what reasons is another 1983 is unlikely?

a) Consciousness has advanced and there is less hatred all round.

b) People have learnt a lesson from the damage suffered last time. 

c) There is more common sense among ordinary people. (a + b)

d) There is anti-Muslim feeling, but not as serious as what had built up against Tamils by 1983 due to war tensions.

e) The government behaved better and contained the situation as opposed to the way JR behaved in 1983.

f) Politicians are indeed racist bastards but not as bad as last time.

g)  The army and the police are under tighter control.

h) Religious leaders all round have played a role in soothing troubles.

i) Though global jihadism is more powerful than the LTTE, Easter Sunday was not an authentic ISIS operation.

j) The Muslim community and its leaders are trying hard to avoid trouble
You will not be surprised that the responses were widely spread. Some wanted to take a "different approach" but I could discern how their views fitted in. The grouping (a), (b), (c) attracted most support but only just ahead of (d), (e) and (h) which were also well picked. A majority did agree with my premise that "Another-1983 is unlikely"; that was reassuring, but is it sanguine?

I would be depriving readers of alternative insights were I not to report that some thought my premise (‘Another-1983 unlikely’) was complacent. One said "If they had attacked a Buddhist temple you would have seen another 1983". The most cogent dissent with my premises was this:

"The Moors are not Hindu vegetarians! Their response to physical oppression will make what the Tamils did seem like a picnic. I lived in Lanka till 1990 and have over the years followed the anti-Tamil campaign and I can see that the anti-Moor propaganda and hysteria that has grown exponentially since April dwarfs what the Tamils encountered. Every day for six weeks Moors are being arrested and include relatives of politicians, professionals and a cross-section from every part of the country. There are witch-hunts against gynaecologists! This never happened to Tamils! Can you ban the Arabic language and expect no reaction locally and globally? I would not be surprised if the Moor worm turns, if terrorism that the establishment is hysterical about actually breaks out, and if West Asian and other Muslim countries provide diplomatic and material support and impose sanctions on Sri Lanka. How are Muslims, whose women-folk are afraid to venture outdoors, going to respond in the coming months? I have grave misgivings".

While there is variation in judgement about how big an ethno-religious flare-up may ignite in say the next year, there is consensus that Muslim-revulsion is widespread among Sinhalese. I see it in friends, even leftist university pals and unsurprisingly a few SB relatives. I accosted UNP folks about their Party’s funk and the responses, truthfully, are: "Ranil is making an effort and visits places where harm has been done but the rest of our Party consists of unmitigated bastards (their word) seeking to cash-in on an anti-Muslim vote-wave"; "Sirisena, … pardoned Gnanasara, who now threatens to oust him; what can the UNP do?"; "There is a black-hand, inciting Moor-hatred, but our craven UNP keeps silent".
If I concede this appalling state of affairs, you may well ask why am I confident that this hatred will not be allowed to go so far as to spark another-1983. My answer is straightforward and implied in my interrogations (a) to (j). I believe that (a) to (c), (e), (g), (h) and (j) are correct and taken together might stem the tide of religious-racist filth splurging from extremist SB gutters. Furthermore, the (a) to (c) fans are in mostly Sinhalese, resilient to the deluges of the gutter. If organised they are robust enough to beat back extremism. I concede that (d) is not true – Muslim-hatred is hugely manifest in the fanatics; and as for point (f), today’s politicians are as egregious as their forerunners.

The real menace I perceive is a twenty-first century Lankan Dark Age (LDA) descending gradually on the nation. Cultural primitivism, religious intolerance, regression to pre-enlightenment values and medieval intellectual patterns are abundantly manifest. Should one laugh or weep at the edict barring women working in government from wearing a frock, skirt and blouse, jeans or pants and outlawing sarong and tunic for men!

More seriously, what action do Udugama and the rights commissioners propose to take about this palpable violation of fundamental liberties? Don’t say it’s a trivial matter and not worth the effort. I see it differently; if what is happening now is not nipped in the bud it will be the thin edge of a wedge lurching towards LDA and incipient fascism. John Stuart Mill opens On Liberty with the remark "(T)he nature and limits of power which can be legitimately exercised by society over the individual" is "my" subject. Substitute for "society", ‘culturally and intellectually backward society and antediluvian state’ and the challenge is much magnified. A Human Rights Commission that ducks this challenge will be diminished in worth.

I am not fully persuaded yet that come 7 December we will be rid of the dotard and his buffoon squad. This is not to repeat the common rumour: "Until the eviction is final there is danger of hanky-panky". That’s true but I have a deeper cause for concern. The menace of SLDA does not arise from individuals alone (politicos, extremists, jihadists and fanatical clergy). The enduring vulnerability is that rot is deep-rooted in sections of the populace. We see the worst side of democracy; extremist hell bent on creating a Sinhala-Buddhist State by electoral opportunism, or if need be by turmoil.

Tolerance and compassion are scarce among some Lankan Buddhists!

All over the world the centre is hollowing and the masses are piling up, left and right, depending on whether socialist-egalitarian-environmental motives or nationalist-religious-cultural concerns, respectively, motivate them. Socially and class-wise all are from the same pot; rejection of the established economic order and alienation from liberal social norms. Globally, the resolution to this dilemma of a fractured world is to change the distribution of wealth and power ending a condition where the 99% is in mortal combat with the 1%. To check Nazi style extremism and rip-up the Sinhala-Buddhist State project, however, the Sinhalese people themselves must smash the extremist excrescence. Religious-racist fanatics and jihadists can be contained by no other means than forcing their downfall.

CORRECTION: I made a typo last week, title All that’s familiar is falling apart (2 June) and wrote "The social classes pushing from the bottom are (NOT) simply petty-bourgeois scum and lumpen hordes that made up the battering ram of fascism in the 1930s". I omitted the NOT and reversed my meaning that class-wise alt-left and alt-right derive from the same alienation and social issues. The error would have been obvious to most readers, but sorry.

Supporting Actor Responsible For Collapse Of Law & Order Cries Foul Play – Open Letter To IGP Pujith Jayasundara

Tush Wickramanayaka
logoPlease let me extend my deepest sympathies for the demise of your professional career and the pain and embarrassment you are suffering personally.
Injustice Anywhere IS A Threat To Justice Everywhere 
We, Sri Lankans are shockingly witnessing the unfathomable drama that is unfolding on a daily basis, ably performed by many actors of politics, ethnicities and religions that put the prestigious Oscar winners to the gutter. I was not surprised though to see you amongst them recently. After witnessing the horrific images of the country’s Inspector General of Police (IGP), attempting to assault a law abiding, innocent elevator operator in 2017, and realizing that you did not apologize for your misconduct, made me cringe of the lawlessness that was soon doomed upon us. You got away scot free without so much as a disciplinary warning against conduct unbecoming of an officer, proving beyond all reasonable doubt that injustice is familiar ammunition in your armory. 
Perhaps, it is this lack of professionalism that you displayed as the Chief of Police, which trickled down to other members of the Sri Lanka Police force who were riddled with reports of corruption.  
On 5th June 2018 I came to see you in desperation seeking justice for my 11 year old daughter who was subjected to corporal punishment at Gateway College, Negombo. I was concerned about the lack of progress of investigation from the police division of National Child Protection Authority (NCPA) and the continuing harassment, which led my daughter to become mentally unwell. I recall how bemused I was to see a bust of Lord Buddha on your table with flashing lights and chanting ‘pirith’ at a volume louder than our conversation. I recall also how you had three mobile phones on your table, all ringing simultaneously, distracting you from a sensitive conversation. Your immediate response was to bark at every caller and abruptly end the conversation with them. I even offered to reduce the volume of the ‘pirith’, which you vehemently refused. It seemed like you required a crutch for your fragile state of mind. 
After listening to my appeal, you strongly denied that you were influenced by a high ranking government officer to dismiss my daughter’s investigation. You were adamant that, “the best thing about this regime (Yahapalanaya) is I am not influenced by anyone when carrying out my duties”.  After listening to the telephone conversation where the said government officer admits directly, “I instructed the IGP”, you were instantly engulfed with the same amnesic disorder of Ravi Karunanayake and Duminda De Silva. “I can’t remember”, was your pathetic response. When the OIC, NCPA failed to recognize your voice when you called, you pulverized him, “yako mama IG, tho danne nadda man kavuda kiyala?!” (I am IG, you devil, don’t you know who I am?!) and a choice of other colourful words. Your lack of integrity and hypocrisy was witnessed by the chanting Buddha. Despite your reassurance, you did nothing to expedite my daughter’s case or to protect an innocent, young citizen. In fact, the police division of NCPA, which falls directly under your jurisdiction, totally mishandled the case. I was compelled to report to the Independent Police Commission.
Our Lives Begin To End The Day We Become Silent About The Things That Matter 
I see the drama that is unfolding upon us as a game of chess. You were the Knight inadvertently assigned to protect the King and 225 courtiers. I am certain that many fellow citizens will agree that your misguided allegiance to protect the King has now demoted you to the status of a pawn. 
You were appointed as the 34th Inspector General of Police of the Democratic Socialist Republic of Sri Lanka on 20th April 2016. You were expected to prosecute cases against former President of Sri Lanka, Mahinda Rajapaksa and his allies and other alleged injustices of high profile individuals. 
On 23rd September 2018, government’s major newspaper, Sunday Observer reported the following:
“Since his appointment in April 2016, to the post as the country’s 34th Inspector General of Police (IGP), Pujith Senadhi Bandara Jayasundara has managed to attract calls for his removal almost every year.
Just eight months into his appointment, in December 2016, the IGP was heard speaking with an unidentified caller, which he answered in the middle of making a speech at a ceremony held in Ratnapura and was heard to say that he will instruct the Financial Crimes Investigation Department (FCID) to refrain from arresting a certain individual.
Again in April 2017 footage was released, showing an infuriated IGP shouting at a lift operator at the Police Headquarters for not attending the meditation program introduced and made compulsory by him. At the very end of the video clip the IGP is seen threatening a female receptionist with rape.
Early this month another footage where the IGP is seen acting in an unsuitable manner and disrespecting several Buddhist monks at a function, emerged. With this and several other allegations that were made regarding close ties between the IGP and Head of Terrorist Investigation Unit, D.I.G Nalaka de Silva who is currently on temporary leave due to being investigated, has resulted in yet again calls for the removal of the IGP.
As on previous occasions where many including civil society activists, politicians and even the ordinary man on the streets is of the view that the IGP should be removed or that he should resign from his post”.
You refused to apologize and you refused to resign then too but the King and the 225 courtiers protected you.
Your allegiance to please the King was obvious when you unashamedly threw yourself at his mercy and did 100 crunches in public, even embarrassing the King who ordered you to stop, “enough, enough, otherwise I will have to look for another IGP”. 
We, the silent majority who helplessly watched this drama unfolding upon us since the fateful day you were appointed as our chief guardian began to suffocate well before your silence in the events leading up to the Easter Sunday tragedy. You can try to pass the responsibility and deny accountability but you played with our money and our lives. Our hard earned tax money provided you with a comfortable life; you abused our trust. Many innocent lives succumbed to the conflict generated by your selfish lethargy to speak; you sacrificed humanity. Many now disbelieve your excuses justifying your guilty silence whilst you have been reduced to a fallen pawn on life support; you tested our patience.
To Believe In Something, And Not To Live It, Is Dishonest 
We, the majority ethical citizenry resolve injustices fallen upon us by following the recommended legitimate pathways without media support as the first breath of air. 
When I filed a FR petition/public interest litigation case at Supreme Court on behalf of my daughter and all children of Sri Lanka in March 2019, I was advised by my legal team to refrain from going to the media because we believed in the presumed fairness of the judiciary. ‘Justice was blind’ and we did not wish to stain the impartiality of the judiciary. Even after the case was shockingly dismissed and despite the inaccurate coverage of the verdict by Ceylon Today and Mawbima owned by Alles family (Gateway Group) we have refrained from going to the media because we still believe that justice will be served. 
On the contrary, you seem to have resorted to media attention instantly by publishing your FR petition even before the judiciary has given a single instruction about it. Your efforts appear to be to take advantage of the sympathy of the citizens who are embroiled in an emotional roller coaster of lies and deceit since the Easter Sunday tragedy. You appear to be suddenly playing the victim to resurrect your integrity for political survival. You appear to be pressurizing public scrutiny of the judiciary that will be compelled to act in your favor. Your actions suggest that you mistrust the system you helped to create.
Since you have destroyed what I believe as simple ethics, I am sure you would not mind hearing this tape of how Sri Lanka Police on 12th April 2019, under your command, became paralyzed by external pressures. The OIC of Seeduwa Police was ineffective to implement Law and Order to conclude an inquiry into a complaint I made against the Chairman of Gateway College. This is the same child whom you failed to protect over a year ago; a victim of ongoing uniformed inefficiency and corruption.

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Future belongs to all of us


Future generations will take a new path different from the Old Order of narrow nationalism

10 June 2019
One of our young intellectuals, Uditha Devapriya writing in DM on June 07, 2019 correctly identified the psyche behind the minds of the average person in the majority community and rightly justifies his poser.  
I quote his last two paragraphs:  
“Sinhala Buddhists are not terrorists, at least not a majority of them. They are confronted by a problem other ethno-religious groups do not face; they are a local majority, but yet a global minority, To be a majority in a country that is 1/50th the size of India, which in turn contains 20 times the number of Tamil people we have, is not much of an achievement. But that is all they have got. What good can come out of demonizing them and questioning their right to their history?
Insecurity is the first step to chauvinism. This we know. To address the latter, it is thus necessary to address the former. Either ‘our’ radical will realize this, or ‘whether’ they will keep on using Sinhala Buddhists as punching bags, only time can tell.”
Yes, fear is the key for both the Majority and the Minorities. Just as the Majority has the right to protect themselves, the Minorities too have the right to protect themselves against the tyranny of the majority,
These two sections in our country are living in eternal fear of each other. This fear will gradually vanish when the masses come forward to love each other and avoid hatred and suspicion.
There is another point I wish to make.  
It is true in feudal societies, the clergy held a higher and influential positions as Prohithas. But in contemporary political setup, should we depend on the advice and threats of some of the clergies in all communities.?
"Fear is the key for both the Majority and the Minorities. Just as the Majority has the right to protect themselves, the Minorities too have the right to protect themselves against the tyranny of the majority"
Admittedly among the Sinhala Buddhists there are many erudite and intellectual clergies. But there are a few among them are politically racial and hatred oriented.  
Even in other faiths there are a few with this temperament.  
I notice that in South East Asia there are many Buddhist counties, but the clergy doesn’t engage in politics and remain pious and strive for pace and salvation. In our country there is undue predominance given to clergy.  Religions preach everything good for all of us. We must learn from the religious wars since the Reformation.  
But we are a nation with short memories and we never learn from the series of catastrophes we have encountered so far.  
There are hundreds of highly talented professionals coming from all communities. We must embrace them.  
I think apart from abolishing the Presidential form of Government, we must also have a bicameral legislature to give room for saner politics. It must be a chamber of all intellectuals from different disciplines.
The Upper House can help firebrands to educate them on Human Rights, Fundamental values, justice, fair play, rule of law, etiquette respect, multilingualism and the like.  
Nothing is lost if we cherish the noble ideals. There is always light around the corner.  
The Buddha is an Enlightened philosopher. Since Lanka is a Buddhist Country, the enlightened ones rise above petty politics.  
The future generations will take the new path different from the Old Order of narrow nationalism some of us all have.

Nationalism helps democracy to survive, but only up to a limit


 Nationalism may be started as a harmless defensive exercise at first. But all defensives are eventually converted to offensives  – Pic by Shehan Gunasekara

Enemies of Democracy 5:

logoClaim that Sri Lanka is a Sinhala-Buddhist country

Monday, 10 June 2019 

 Lanka is hailed by many, mainly by those who are ethnically Sinhalese and religion-wise Buddhists, as a Sinhala-Buddhist country. This is not an arrangement which it has got under its Constitution. Constitutionally, it is a secular state though the State has pledged to protect and promote Buddhism, while ensuring freedom for all to practice a faith of their choice.

Is secularism just on paper?

The designation that Sri Lanka is a Sinhala-Buddhist country does not make Sri Lanka different from other countries in the world. That is because there are many countries which have declared themselves in respective constitutions as Islamic Republics or as countries that derive power to rule people from a deity. 



Sri Lanka’s neighbour, India, is a secular state constitutionally. But in practice, it is a country ruled by majority Hindus. Hence, the attribution of a country to a particular religion or ethnicity is not uncommon. It is also not injurious to the health of democracy. In this context, what is injurious is the Government permitting an unofficial religious police to operate with total impunity and allowing it to regulate the behaviour of citizens and suppress by word or by deed their freedoms.

In economics, it is called the non-observance of the rule of law and its essential corollary, the violation of property rights. The concept of national state collapses completely when it is done continuously and on a large scale. Sri Lanka’s track record in this regard provides ample evidence for this.

Nationalism per se is not an enemy of democracy

How nationalism can contribute to uphold democracy has been elaborated by Yael Tamir, ex-minister of education in Israel, in her 2019 book, ‘Why Nationalism’. According to her, for democracy to prevail, there should be a land called a country.

A country does not exist, if there is no nation. A nation cannot survive unless it is bound by a common affinity which should be manifested as nationalism. If nationalism is ruled out, all other pre-causal factors for democracy are also ruled out. Hence, nationalism per se is not an enemy of democracy. It becomes an enemy if it is used in the wrong way for wrong reasons.

Nazi Germany during the World War II is a good example for this. Tamir calls this ‘defensive-regressive-nationalism’. Though she has not explained what it is, it can be clarified as follows. It is defensive because the practitioners, feeling threatened by the world out there, creates a hard protective shell around them to keep enemies out. It is regressive because it plans to take a nation backward to its past. The hard shell into which citizens are driven is then coated with a protective paint called nationalism.

Nationalism: harmless at first but offensive later

Nationalism may be started as a harmless defensive exercise at first. But all defensives are eventually converted to offensives. That is because when something is in the defensive mode for long, it starts boiling from inside causing a situation called ‘implosion’.

Implosions destroy the body-society from inside. When it is realised that society is being destroyed, it takes counter action to protect itself. That counter action converts it to an offensive mode and it is manifested as an ‘explosion’.

Both implosions and explosions are harmful to a growing society. Implosions make society inactive and regressive. Explosions break it into pieces. If they are permitted to fester for too long in a society, they will invariably become enemies of a progressive society and, therefore, the enemies of democracy as well. Since nationalism is always associated with a particular culture, such as Sinhala-Buddhist or Islam Fundamentalist, it is finally manifested as ‘cultural nationalism’ as against its opposite number ‘cultural internationalism’ in which a culture becomes a living one by being blended by different global cultural practices.

What is cultural nationalism?

Cultural nationalism is an obsessively elated feeling and exaggerated superiority which one group of people holds over another group within a nation or one nation over another nation in the globe. This superiority also leads to insecurity and through insecurity, suspicion and protective action. The protective action at its extreme form is manifested by its polar opposite, namely, offensive action under which anyone outside one’s own group is considered an enemy worthy of being destroyed.

Accordingly, when feelings of cultural nationalism are at its peak, groups fight with other groups, religions fight with other religions and nations composed of a majority of a particular group fight with other nations.

The results are obvious: using the stamina, tact, energy and resources belonging to groups not for their own advancement but for generating violence and bloodshed. In economic terms, it is an unnecessary wastage of one’s skills, talents and resources, known as ‘deadweight losses’.

Culture is not fixed, but changing

Culture is simply the way a particular group of people behave: how and what they eat, how they reproduce and raise their offspring, how they play games, how they perform arts, what type of beliefs they hold, to mention but a few of such behavioural attributes. It is illogical to expect these behavioural attributes to remain unchanged over time.

With new knowledge, experience and exposure, culture too changes constantly and is in a process of its own evolution. Those who go through this evolution do not feel this change. But all others feel threatened by the change that is taking place. For them, their old culture has been destroyed by the imposition of a new culture on it. Such changes occur naturally in any culture with the passage of time. The cultural nationalism tries to keep that old culture as perceived by its advocates unchanged. In other words, they want to reverse the time machine and go back to an era which is already gone by.

Sleep all the time and find fault with culture

The difference between the two groups could be understood by the following hypothetical situation. Suppose a man is captured in the year 1900, put to a long sleep, awakened in the year 2019 and released just at the gate of a university.

How would he feel now? Would he feel it strange or natural? He will certainly feel that everything around him – how people dress themselves, eat, walk, speak and interact – is strange. He would feel that the culture which he is accustomed with has been totally destroyed and may fight for its restoration. Those who are opposed to cultural changes are those who have been sleeping all the time without noticing anything happening around them.

Amartya Sen on cultural nationalism

Nobel Laureate Amartya Sen has discussed the rise of cultural nationalism in India in the recent past in two books: the first his 2005 book titled ‘The Argumentative Indian: Writings on Indian Culture, History and Identity’ and the other his 2006 book titled ‘Identity and Violence: The Illusion of Destiny’. A notable feature which one could gauge from his analysis is that what he has found in Indian case has exact parallels in what Sri Lanka is experiencing today.

BJP’s visible hand in inventing history

Sen has documented in ‘The Argumentative Indian’ how India’s Bharatiya Janatha Party or BJP resuscitated an old Hindutva Movement or Movement for establishing Indianness in India in mid 1970s by misrepresenting facts, fabricating established historical evidence, inventing history and using violence and force on moderate Hindus as well as other ethnic and religious groups.

While India is a country of diversity with many religious beliefs, languages and ethnic groups, Hindutva movement has tried to project India as a Hindu country. To reclaim this land exclusively for Hindus, it has rewritten Indian history as essentially a Hindu civilisation, an essential prerequisite for establishing a grand Hindu vision of India.

This has, according to Sen, also helped Hindutva to marshal the support of Indian Diaspora which is bent on maintaining an Indian identity in their host countries in the midst of a perceived threat from the dominant cultures there; it is a solace to feel that Hindus reign at least in their old native land. 
The designation that Sri Lanka is a Sinhala-Buddhist country does not make Sri Lanka different from other countries in the world. That is because there are many countries which have declared themselves in respective constitutions as Islamic Republics or as countries that derive power to rule people from a deity. Sri Lanka’s neighbour, India, is a secular state constitutionally. But in practice, it is a country ruled by majority Hindus. Hence, the attribution of a country to a particular religion or ethnicity is not uncommon. It is also not injurious to the health of democracy. In this context, what is injurious is the Government permitting an unofficial religious police to operate with total impunity and allowing it to regulate the behaviour of citizens and suppress by word or by deed their freedoms
According to Sen, this is what BJP did following its electoral victory in 1998 and 1999: “Various arms of the government of India were mobilised in the task of arranging ‘appropriate’ rewritings of Indian history. Even though this adventure of inventing the past is no longer ‘official’ (because of the defeat of the BJP led coalition in the general elections in the spring of 2004), that highly charged episode is worth recollecting both because of what it tells us about the abuse of temporal power and also because of the light it throws on the intellectual underpinning of the Hindutva movement.”
Accordingly, fresh textbooks were written with focus on Hindu supremacy by deleting the objective analyses written by reputed academics earlier. The hastily-completed work also contained numerous factual mistakes and serious omissions drawing severe criticism from academia, press and media.

Yet the BJP Government which was bent on establishing its own political agenda paid no heed to them, according to Sen. The worst was yet to come in the form of fabricating archaeological facts: The Indus valley civilisation that had existed in North West India and Pakistan much before the recorded history of Hinduism was also projected as a Hindu civilisation by renaming it ‘Indus-Saraswati civilisation’ focusing on a non-existing river called the Saraswati River mentioned in Vedic texts.

To prove their point, the BJP-led intellectuals in fact had invented new archaeological evidence, according to Sen, by producing a computerised distortion of a broken seal of the Indus Valley Civilisation, a fraud committed on Indians at home and abroad in the name of justifying the Hindutva movement.

Illogical social thought finally ends up in spurious public policy 

In ‘Identity and Violence,’ Sen says that propagandists’ hard work lead to the development of a collective social thought, a thought which has no rational foundation but believed by many as truth. The social thought then leads to collective political action, presenting a distorted view to an already emotionally worked up electorate and thereby easily securing electoral victories. Once the political power is secured, it is now easy to translate the illogical social thought to public policy which even at first glance is spurious but defended tooth and nail in the name of cultural nationalism.   

This is what has happened in India and in many emerging countries including Sri Lanka.

The cultural nationalism has used the political power to reverse the time machine through public policy. But, is it not a boon to a country? Yes, it is a boon, if one does it to win the future and not to go back to establish the past which is already gone by. It is a spurious act committed by a nation especially when the rest of the world has moved forward. As Malaysia’s former Prime Minister Mahathir Mohammed had once advised the Sri Lanka’s business fraternity, one could gain from history immensely if history is learned to identify the past mistakes and thereby not to repeat the same.

India and Sri Lanka: Time to follow the Buddha, Ashoka and Akbar 

Surely, the cultural nationalism which teaches children of an exaggerated superiority cannot deliver these prerequisites. Once, one is inflicted with superiority complex, he cannot tolerate and appreciate others and therefore cannot learn from them too.

Amartya Sen has put it very cogently in The Argumentative Indian as follows: “It was indeed a Buddhist emperor of India, Ashoka, who in the third century BCE, not only outlined the need for toleration and the richness of heterodoxy, but also laid down what are perhaps the oldest rules for conducting debates and disputations, with the opponents ‘duly honoured in every way on all occasions’. That political principle figures a great deal in later discussions in India, but the most powerful defence of toleration and the need for the state to be equi-distant from different religions came from a Muslim Indian emperor, Akbar.”

True Buddhists should follow Buddha’s Brahmajaala Sutra

Four hundred years before Ashoka, the Buddha himself advised the monks, according to the Brahmajaala Sutra in the Dheegha Nikaya, that the monks should not get angry when some people talk ill of the Buddha. If they hear such abuses, the monks are required to explain to those abusers the true facts without losing their heads. Then, how should the monks behave when people talk well of the Buddha? Then, the monks should not get elated by such praises; they should with humility and modesty explain to them that the qualities which they have singled out for praising are valid, but there are many more such qualities possessed by the Buddha which those laymen have not been able to discern.

Toleration of diversity is the best 

These principles that uphold toleration are equally valid to India as well as to Sri Lanka today where a high wave of cultural nationalism has swept across the sub-continent. In both countries, the goal of the propagators is to reverse the time machine and go back to the past. As long as the cultural nationalism aims at establishing the past, it closes the door for modernisation.

The cultural nationalism is, therefore, unlikely to deliver a boon to a society; instead, it is unavoidable that it would become a bane of the society.

Hence, nationalism, exercised without consideration for diversity in society is an enemy of democracy.

(W.A. Wijewardena, a former Deputy Governor of the Central Bank of Sri Lanka, can be reached at waw1949@gmail.com.)

Media: A circus ruining lives?

Media activists call for an independent regulator and proper inquiry by Editors’ Guild into news story that took Kurunegala and the country by storm


Home9 June, 2019

For advocates of ethical journalism and fact-based reporting, the story of Segu Shihabdeen Mohamed Shafi, a doctor from Kurunegala is a cautionary tale.

On May 23, a Sinhala language newspaper published a story that police investigations had been launched into an allegation that a National Thawheed Jamaath doctor had sterilised 4,000 Sinhalese women at a Government hospital in Kurunegala.

The Police Spokesman immediately denied that an investigation was under way, and told reporters that police was yet to receive a single complaint about the story published in the newspaper. Two days later, Dr Shafi was under arrest, held under Emergency Regulations and a two-week detention order (DO), allegedly for suspicious accumulation of wealth. That this is an uncommon charge under which to arrest a person under Emergency Regulations, is one thing, legal experts say, the other is that this is not a charge suspects are arrested for until investigations are complete.

Once the arrest was made, Police Spokesman SP Ruwan Gunasekera was before the cameras again, urging women who have complaints against the doctor in connection with the ‘sterilisation scandal’ to bring them to the CID. Kurunegala Police had, by this time, arrested Dr. Shafi and put him under a DO and handed him over to the CID for investigations. Since the arrest, some 700 women have come forward with “complaints” about the doctor. The forcible sterilisation theory has been widely debunked by specialists who insist that (a) no doctor could crush Fallopian tubes of a woman on the operating table without the knowledge of the surgical team, (b) that the Fallopian tubes are not visible in the caesarean wound and would have to be forced down into the cut by inserting a hand into the abdomen and (c) that no doctor could crush the tubes of 4,000 women without at least one patient bleeding out on the table.

The CID is investigating the issue and will soon submit facts of their investigation to court. The Ministry of Health has appointed a committee of six experts to investigate the allegations. The Kurunegala Teaching Hospital, where Dr. Shafi practised, is conducting its own internal inquiry.
The editor of the newspaper in question has told the Reuters News Agency that the story was based on information from the police and hospital staff. He continues to stand by the story.

The whole country knows Dr. Shafi’s name. His face has been splashed across multiple newspapers and television screens. His family and his wife, also a medical professional, is under siege in their hometown and mulling legal action against the state for arbitrary detention and unequal treatment. The allegations have damaged his medical reputation and put his entire career in jeopardy. Shafi’s wife Imara told Reuters that she had stopped working and that all three of their children had been pulled out of schools.

Manic media practice

This is not the first time individuals have been raked over the coals and lives and reputations ruined by unethical reporting practices. The digital age has meant information sweeps across the country faster than ever, ruining reputation of persons and transmitting fake news at the blink of an eye.
According to Dr. Ranga Kalansooriya, former director of Government Information Department, the media must be held accountable for what has happened in the country after the Easter Sunday terrorist attacks. “Although the authorities accused social media of stoking fire of racism, if you study the content, it was the mainstream media that have been stoking the fire from the beginning,” he said.
Dr. Kalansooriya said that most electronic media as well as leading newspapers were catering to the gallery and to the Sinhala-nationalistic market. “There is no point of blaming only the journalists or editors for the irresponsible reporting. There aren’t enough laws and regulations for the media in the country,” the senior media professional told the Sunday Observer. “Laws are available only for the print media, and those are 40 years old. There is no way for readers and viewers in the country to get justice,” he said.

Press Complaints Commission President Sukumar Rockwood told the Sunday Observer that the Commission had written to the Sinhalese language newspaper that first published the “story” on Dr. Shafi on the same day the news appeared, pointing to a breach of the PCCSL and Editors’ Guild code of ethics for journalists. “All relevant clauses were highlighted in the letter. The details were communicated verbally too. They did not agree with us verbally, and they have not written back to us either,” Rockwood said.

The PCCSL functions as an independent self-regulatory authority for the print media, under the umbrella of the Sri Lanka Press Institute run by journalists. However, with no power to take action against any newspaper or publication, the PCCSL is limited in its scope to respond to misleading information published in the media.

For instance, Rockwood said that in the aftermath of the Dr. Shafi saga, the PCCSL received a complaint about the misleading news report from an Attorney-at-Law. “Unfortunately, the rules of the PCCSL do not permit us to accept letters from third parties. Therefore, we informed the complainant to ensure that there is a verbal or written consent from the victim of the news report attached to the complaint,” the PCCSL President said. Rockwood hoped that the complainant would re-lodge the complaint in accordance with the PCCSL rules.

Rockwood said the Editors’ Guild of Sri Lanka had a decent code of professional practice for journalists. “The trouble is that journalists are not following it properly,” he said.

The PCCSL President admitted that the Commission stopped short of penalising newspapers or editors for violating the code of conduct, because that is the premise on which the PCCSL was set up as a self-regulatory mechanism. But it is precisely this lack of teeth that is heightening calls for the re-enactment of criminal defamation laws to curb unethical reporting and publication of news items that have life-altering effects on individuals. Currently under discussion is a Media Regulatory Authority, which if enacted into law, will cover both print and electronic media, and have powers to impose fines and penalties on media organisations found to be violating professional standards.

In the wake of the Kurunegala doctor’s controversy, the Free Media Movement and Sri Lanka Working Journalists’ Association have requested in writing from the Editors’ Guild to conduct an impartial investigation into the allegation made by the newspaper.

Working Journalists’ Association President Duminda Sampath told the Sunday Observer that they had requested the Editor’s Guild to start the investigation and intervene in preventing possible negative impacts through such reporting.

“We stressed the fact that reporting such news without evidence to support its credibility can cause distress and harm to Obstetricians and Gynaecologists, especially those who belong to the Muslim community, while their patients may feel distressed and scared,” Sampath said.

Convener of the Free Media Movement Viranjana Herath said, “This news can be considered as a one that can lead to increase in social tension and drive wedges between communities in an already segregated society. Therefore, we suggested that the Editors’ Guild initiate an impartial investigation into this issue for the sake of a media tradition with social responsibility.”

Independent Regulatory Commission: The way forward?

It is important to consider the measures that have been taken to regulate unethical reporting in other countries. An Independent Regulatory Commission can play a huge role in creating a responsible, accountable media culture in a society.

However, in 2016, a bill was drafted by former Director of Government Information Department, Ranga Kalansooriya to set up an Independent Regulatory Commission. The draft bill was approved by the Cabinet and a cabinet subcommittee too was appointed. However, there was heavy resistance from radio and television broadcasters. “After my resignation, that process did not move forward,” Kalansooriya said.

Meanwhile, opposition lawmakers are to propose the setting up of an Independent Regulatory Body and supplementary laws to regulate media institutions in the country.

According to Janatha Vimukthi Peramuna (JVP) MP Bimal Ratnayake, media outlets have become modes to spread racism, and there is an urgent need to curb the trend. “Racism has been given wings by media outlets,” he said. “There is a need for an independent regulatory authority with power to take action against the media outlets that stoke the fire of racism,” he said.

According to Ratnayake, the JVP will present a comprehensive plan in the week ahead to prevent the spread of racism.

Blackmailing government

article_image
Ven. Athuraliye Rathana Thero

by Rajeewa Jayaweera- 

The death fast by a relatively insignificant nationalist Buddhist monk turned politician Ven. Athuraliye Rathana Thero MP, of the Jathika Hela Urumaya and UNP National List MP ended on the fourth day.

The monk was demanding the resignation or removal of Rishard Bathiudeen MP, and Minister for Industry & Commerce, Resettlement of Protracted Displaced Persons, Co-operative Development, Vocational Training & Skills Development. He is also the leader of the All Ceylon Makkal Congress (ACMC). Others in the monk’s list were Western Province Governor Azath Salley and Easter Province Governor MLMA Hizbullah.

Rathana Thero alleged that all three Muslim politicians had links to the now banned Jihadi terrorist group National Thowheeth Jama'ath (NTJ).

As matters evolved, manoeuvrering and counter-manoeuvrering by politicians, top-down is abundantly clear. The fact that Presidential and Parliamentary elections are due within the next 18 months makes pragmatic decision making a virtual impossibility.

Public opinion amongst many in the Sinhala Buddhist and Christians communities endorsed Rathana Thero’s public spectacle, carried out in the precinct of the Temple of the Tooth Relic. Electronic and print media carried reports of supportive crowds in Kandy and several other cities. Cries of Sadu, Sadu could be heard with the chanting of Pirith. Shops in Kandy and some other areas were closed in solidarity with the fasting monk. Politicians and religious dignitaries made a beeline to Kandy to show solidarity. The monk’s fast was a clear case of political blackmail.

This writer could not help but wonder whether the Buddha would have approved of this monk’s modus operandi and public support for him? Where in Buddhism is it stated, that destroying a life, one’s own or of another for whatever reason is permitted?

A theocracy is a state where the priesthood holds political power. Whereas Sri Lanka may not be a theocracy, it does contain many characteristics found in such a state. The influence wielded by religious leaders, especially the Mahanayakes and their involvement in most major government decisions, cannot be denied. All this is a clear sign, ours is not a secular and progressive society and will remain so in the foreseeable future.

The mediocre national leaders of low intellect produced by this country over several decades is a major contributory factor to this unhealthy practice. Religious leaders tend to fill the vacuum thus created, by default. The most recent example was the leadership role played by Cardinal Malcolm Ranjith in the immediate aftermath of the Easter Sunday bombings. It prevented retaliation against the Muslim community. Meanwhile, all that our impotent political leaders could do was play the blame game.

The monk’s death fast was an act of blackmail to force the hand of a weak government without the requisite parliamentary majority of its own. The UNP is struggling to survive by appeasing all and ending up antagonizing all instead.

This episode will give rise to another issue in the future. Encouraged by what transpired, what is to prevent others from emulating similar acts of blackmail? Will future governments too, be compelled to do nothing and let governance go to the dogs?

Nine Muslim Ministers, Deputy and State Ministers from the UNP, Sri Lanka Muslim Congress (SLMC) and ACMC announced their resignation from their positions last Monday. Allegations of terrorist connections and interference in law enforcement have been directed only against Rishard Bathiudeen and not against the likes of Kabir Hashim, Rauf Hakeem, MHA Haleem, and five others. Therefore, it is not clear why these politicians have resigned unless it is to blackmail a hapless government to save Rishard Bathiudeen. He is accused of multiple wrongdoings, and a No -Confidence Motion (NCM) against him was submitted to Parliament.

SLMC Leader Rauf Hakeem, flanked by Kabir Hashim of UNP and Rishard Bathiudeen of ACMC besides serval other Muslim politicians, while announcing their resignations to the media, made some strange sounding statements and justification for their collective decision.

Hakeem requested the government to expedite their investigations and conclude it posthaste. He stated, "We expect the government to do this within one month during which we will render out support."

He has been a cabinet minister almost continuously since 2000 and should be aware that no government investigation can be completed within such a period.

Despite their laborious efforts, they cannot hide the fact that all of them expect to be back in their positions within one month.

The nine resignations are a veiled threat to deprive the UNF government of its parliamentary majority. Besides, the Muslim voter base is essential for Prime Minister Wickremesinghe at the forthcoming Presidential and Parliamentary elections.

The SLMC leader justified their collective decision, stating, "We decided to resign from all the portfolios to facilitate investigations to be conducted in a free and fair manner." Is Hakeem implying they cannot function as Minister without interfering? Does that also mean they had been interfering with law enforcement until their resignations?

Hakeem also stated, "It is true that the perpetrators of the April 21 bombings were from our community, but from the first day onwards, we have assisted the Tri-Forces in rooting out these individuals and have complied with the government to bring about a change in our community."

Nevertheless, Muslim ministers and parliamentarians have failed to justify their silence and lack of support to Wijayadasa Rajapakshe. The former Justice Minister in November 2016 announced in Parliament of 32 Muslim youth joining the ISIS in Syria. Community leaders have made very loud claims of having informed senior government officials but being ignored. The likes of Hakeem and Hashim must divulge if community leaders deliberately hid the vital information from their elected representatives, or the politicians decided to remain silent despite being informed.

"Bringing about changes in our community" notwithstanding, was anything done about visible changes taking place over the last several years? According to the Muslim Affairs Director, over 500 unauthorised mosques have been constructed in recent years. Authorities arrested dozens of visa overstaying Imams in mosques raided in the aftermath of the Easter Sunday bombings. The introduction of the Arabic language in the Eastern Province including road name boards in Kattankudiya. These are a few of such changes.

Self-regulating and policing are of vital importance, especially in the case of closed communities.

Let alone a thorough investigation of Bathiudeen, even a cursory investigation into the ten charges put forward by Joint Opposition (JO) MPs in the NCM against the ACMC leader will require not one but several months if not years.

The collective decision of the Muslim politicians across party lines is a thinly veiled attempt at blackmailing the Wickremasinghe government. It is a short-sighted act believed to be on the advice of the All Ceylon Jammiyathul Ulama IACJU), the main body of Muslim religious leaders. It is bound to polarize further an already divided nation further and relegate reconciliation to the backburner.

Four days after the resignation announcement, eight out of the nine Ministers who resigned have supposedly handed their resignation letters to the President’s Secretary. No information is available as to whether they have handed over their official vehicles and residences or their personal staff have vacated their posts.

It is believed that all Ministers who have resigned will continue to sit in the front row in Parliament instead of becoming backbenchers. It is also understood the vacant ministerial positions will not be filled. The stage is being set for those who resigned for altruistic reasons to return after one month.

For argument's sake, a similar decision by Sinhala politicians on the advice of the Mahanayakes would have disastrous consequences to both the country and minorities.

Politically expedient but ill thought out decisions of the Wickremesinghe government created the opportunities for both Rathana Thero and nine Muslim ministers to blackmail the UNP-led administration, which has no one to blame but itself.

The government should have permitted a quick debate and the NCM to address the rapidly increasing public opinion against Bathiudeen. Several UNP Sinhala Christian MPs may have supported the NCM.

Another two days with the monk's health failing could have resulted in countrywide mass protests which the government would not have been able to contain. Such a dangerous situation would have easily resulted in another round of anti-Muslim riots of a much larger scale than what took place recently in the North Western Province. This is the last thing this country wants.

The lack of even a few astute and seasoned political strategists in the Prime Minister’s inner circle and its consequences is abundantly clear. Such are the repercussions of packing the party hierarchy with less educated non-entities and so-called educated 'Yes' men. It is a malaise found in both sides of the political divide.

President Sirisena, Prime Minister Wickremesinghe and former President Mahinda Rajapaksa regularly pontificate on communal harmony and reconciliation. The fact that their respective administrations failed to prosecute a single person responsible for anti-Muslim riots in 2014 and 2016 disqualifies them from taking the moral high ground. Quite understandably, the Muslim community holds it against the government and even the Sinhala Buddhist community.

The government's problems are by no means over. As the Muslim MPs have stated, they will wait only for a month. A thorough investigation of charges levelled against Bathiudeen is not doable by any stretch of the imagination.

What happens thereafter is any body’s guess.

The government would do well to develop a strategy to handle any future death fasts, now that a precedent has been set.