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Judiciary necessary to protect democracy

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By Jehan Perera

The government has allocated Rs 11 billion in the provisional budget for next year for the presidential elections due in September. This is a positive indication that the government intends to hold those elections.  Free and fair elections being held when due is a core concept of a functioning democracy. This was called into question earlier in the year when local government elections were postponed.  They were due in March but were postponed on multiple occasions and now have been cancelled. There is no indication when they might be held. The government justified its refusal to hold those elections on the grounds that the country was facing an economic crisis and the money could be better spent elsewhere.

The government’s refusal to hold the local government elections was challenged in the courts.  The Supreme Court decided that the money allocated in the budget for elections should not be blocked by the government and needed to be released for the purpose of conducting those elections.  Without respecting this judicial ruling, government members threatened to summon the judges who made the ruling to Parliament on the grounds that the judiciary could not decide on money matters that were the preserve of Parliament. They argued that the powers and privileges of Parliament had been violated by the order issued by the Supreme Court instructing the government to refrain from withholding funds for the polls. There was an outcry nationally and internationally and the government members did not proceed with their dubious plan to summon the judges before Parliament.

Due to the government’s prioritization of the economy over elections, the prospects for elections continue to be challenging.  The economic crisis is in full swing with further price increases in fuel costs taking place and electricity costs about to be hiked.  The economy continues to shrink though at a slower rate than before. The government’s failure to obtain the second tranche of IMF support is a warning regarding the precarious condition of the economy.  The IMF has said that Sri Lanka’s economic recovery is still not assured.  It has also said that the government has not met the economic targets set for it, particularly with regard to reducing the budget deficit due to a potential shortfall in government revenue generation. The IMF has said the second tranche under its lending programme would only be released after it reaches a staff-level agreement, and there was no fixed timeline on when that would take place

PARLIAMENTARY PRIVILEGE

Unfortunately, the willingness of government members to challenge judicial decisions with regard to the electoral process is having its repercussions elsewhere.  Parliamentarians have made use of parliamentary privilege to criticize the judiciary, including by naming them individually.   The purpose of parliamentary privilege is to enable the elected representatives of the people to disclose the truth in the national interest.  But this is a power that needs to be used with care and caution, especially if it is used to malign or insult individuals.  Those who have the protection of parliamentary privilege need to understand it is a very powerful privilege, and they should exercise the privilege with restraint. It is the abuse of privilege that brings it into disrepute and undermines the wider perception of the central role that privilege plays.

The conduct of some parliamentarians has now reached a point where a judge who was deciding on controversial cases involving ethnic and religious conflict has chosen to resign and even leave the country.  Successive rulings made by the judiciary in those cases appear to have been ignored by government authorities. The judicial decisions and rulings made have been subjected to disparaging and insulting remarks in Parliament and outside. Mullaitivu District Judge Saravanarajah, who ruled on the controversial Kurunthurmalai (Kurundi Viharaya) case, resigned and fled Sri Lanka due to alleged threats and pressure. In a letter shared on social media, the judge told the Judicial Services Commission that he was facing threats to his life. Such pressures placed on the judiciary are clearly unacceptable in a democratic country, especially in situations where the judiciary is being called on to defend the rights of the people who are being threatened by government overreach.

At the present time, democratic freedoms and space for protest that exist in the country are being endangered by the government’s efforts to silence public protest and criticism by means of the proposed Anti-Terrorist Act (ATA) and the Online Safety Act which are to be placed before Parliament this week. The draft ATA gives the government the power to arrest persons who are engaging in public protest or trade union action who can be charged for “intimidating the public or a section of the public”. The Online Safety Act seeks, among others, to “protect persons against damage caused by false statements or threatening, alarming, or distressing statements.”  It will establish a five-member commission appointed by the President which will be able to proscribe or suspend any social media account or online publication, and also recommend jail time for alleged offenses which can be highly subjective.

ELECTIONS AGAIN

The judiciary is being called upon to defend fundamental rights and freedoms in the face of the government’s bid to take restrictive actions. The draft ATA has been opposed by opposition political parties and by human rights organisations since it appeared about six months ago.  The ATA was drafted as an improvement to the Prevention of Terrorism Act which had been highlighted by the EU as objectionable on human rights grounds for the purposes of obtaining the GSP Plus tax benefit for Sri Lankan exports.   Additionally, it has brought in the Online Safety Act as a surprise instrument to stymie the dissemination of information that people need regarding the non-transparent conduct of the government. With the political and economic crisis in the country getting worse, it appears that the government is determined to go ahead with these laws.

The failure of the government to fulfil many of the IMF’s transparency requirements, such as posting its contracts and procurements on the website, and explain its rationale for tax holidays and those who benefit, have contributed to the loss of confidence in the government’s commitment to the economic reform process.  There is a widespread belief that corruption is rampant and that the inability to get new foreign investment is partly due to this difficulty of doing business in Sri Lanka, quite apart from the leakage of government revenues. The government needs to address these issues if it is to win the trust and confidence of the people and cushion the difficulties faced by people in coping with their dire economic circumstances. In particular, it needs to hold elections that can bring in new leaders that the country needs and cleanse the Augean Stables.

Despite the allocation of Rs 11 billion for presidential elections in the provisional budget for 2024, there remain questions regarding the government’s plans for the future.  The Chairman of the UNP, Wajira Abeywardena, is reported to have said that the presidential election may have to be postponed as it could undermine ongoing economic recovery measures.  The provisional budget for 2024 is Rs 3860 billion, of which Rs 11 billion would seem to be a small fraction. However, the budget for 2023 was Rs 3657 billion, and the Rs 10 billion that was needed for the local government elections was likewise only a small fraction of that budget. But those elections were not held and the government argued that this money was better spent on development than on elections. The issue of postponement of elections due to the ongoing economic crisis may have to be faced once again when the presidential elections are due. The courts would be the better option for undemocratic actions to be contested than the streets. The courts and the judiciary need to be kept strong and respected. The judiciary contributes to the trust of civilians in good governance and sustains social peace which should not be compromised.



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Buddhist Approach to Human Challenges

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Life, by its very nature, invariably presents a myriad of challenges that are fundamental to the human experience. The various social ills that afflict humanity cannot be understood without recognizing the profound human dynamics at play. Navigating these challenges according to Buddhism involves shifting from attempting to control external circumstances to mastering one’s internal responses. Central to these challenges are certain detrimental drives stemming from pernicious distortions in the functioning of the human mind.

According to Buddhism, human suffering—both on a personal and societal level—arises from three unwholesome roots: greed, hatred, and ignorance or delusion. These roots manifest primarily as the unbridled proliferation of these negative states, serving as the foundation for our conduct. The Buddhist perspective offers profound insights for confronting these difficulties by emphasizing the nature of suffering, known as dukkha. Buddhism teaches that suffering (dukkha) is an inevitable part of life and is fueled by greed, hatred, and ignorance or delusion. This approach promotes mental transformation through mindfulness, ethical living, and the cultivation of wisdom, empowering individuals to confront their struggles with clarity and resilience.

Furthermore, accepting that suffering and difficulty are inherent parts of the human experience—while expecting life to be free of challenges—is, in itself, a cause of suffering. It is also important to recognize that all situations, whether good or bad, are temporary. This understanding helps reduce anxiety when facing difficult times, as these will eventually pass, and it prevents possessiveness during happy moments. Cultivating mindfulness (sati) and living in the present moment without dwelling on the past or worrying about the future is essential.

Understanding that all things—emotions, situations, relationships, and physical bodies—are constantly changing and in a state of flux helps reduce the fear of loss and provides comfort during difficult times, ensuring that we know pain will pass. Moreover, recognizing that the self, or ego, is not a fixed entity minimizes selfish grasping, arrogance, and the tendency to perceive challenges as personal attacks.

At the core of many human challenges lie the three unwholesome mental qualities identified by Buddhism: greed (raga), hatred (dovesa), and ignorance or delusion (avijja or moha). These states of mind serve as obstacles to spiritual progress and underlie a spectrum of harmful thoughts and actions. The Buddha employed powerful metaphors to illustrate these forces, referring to them as the three poisons or fires that ignite suffering and trap beings in the cycle of samsara.

Greed leads to insatiable desires that obscure our awareness of others’ needs, creating a cycle of frustration. Greed encompasses all forms of appetite, such as desire, lust, craving, and longing, manifesting in both physical and mental forms. It embodies the concept of grasping, leading to clinging and an inability to let go. As an unwholesome mental state, greed can become insatiable and inexhaustible. People are often drawn to pleasant things, and no amount of forms, sounds, smells, tastes, tangibles, or mental objects can satisfy their desires. In their intense thirst for possession or gratification of desire, individuals may become trapped in the wheel of samsara, overlooking the needs of marginalized groups based on religion and ethnicity (as noted by Piyadassi Thera). Those who overcome greed realize that all mundane pleasures are fleeting and transient. In a society driven by consumerism, people may find themselves endlessly chasing after things of little value, becoming enslaved by them.

Hatred is another unwholesome mental state that fosters division and conflict, distancing us from genuine relationships. It encompasses unwholesome mental states such as ill will, enmity, hostility, and prejudice. Hatred can be subtle, lying dormant in a person’s mind until it finds expression in unexpected moments. This destructive emotion can degenerate into mass-scale violence and bloodshed within society. Today, hatred and hostility against minorities based on religion and ethnicity are prevalent in many countries. People are often targeted by bigotry and hate, leading to a rise in antagonistic and derogatory behavior toward certain religious and ethnic groups. Hatred, enmity, and retaliation do not foster spiritual well-being; rather, they vitiate our own minds. Buddhists are encouraged to cultivate metta (loving-kindness). Greed and hatred, coupled with ignorance, are the chief causes of the evils that pervade this deluded world. As noted by Narada, “The enemy of the whole world is lust (greed), through which all evils come to living beings. This lust, when obstructed by some cause, transforms into wrath.”

The most profound of these afflictions, ignorance (avijja) or delusion (moha), clouds our judgment and obscures our capacity for understanding, causing us to harm ourselves and others through misguided actions. Addressing bhikkhus, the Buddha declared, ” I do not perceive any single hindrance other than the hindrance of ignorance by which mankind is obstructed, and for so long as in samsara, it is indeed through the hindrance of ignorance that humankind is obstructed and for a long time runs on, wanders in samsara. No other single thing exists like the hindrance of ignorance or delusion, which obstructs humankind and make wander forever. This unwholesome mindset generates negative speech, actions, and thoughts, perpetuating our own suffering. As stated in the Dhammapada, “All mental phenomena have mind as their forerunner; if one speaks or acts with an evil mind, suffering follows.”

Buddhism urges us to go beyond merely addressing the symptoms of our problems. Instead, it invites us to explore the roots of our suffering and examine how greed, hatred, and ignorance manifest in our lives. By uncovering these sources of distress, we can cultivate essential qualities such as compassion, loving-kindness (metta), and acceptance. These virtues are crucial for ethical engagement with significant societal issues, including environmental challenges and social inequality.

In a world marked by material prosperity and emotional chaos, many individuals may feel lost or overwhelmed. The teachings of the Buddha remain relevant today, reminding us that the origins of our struggles often reside within our own minds. By practising ethical self-discipline and steering clear of destructive emotions like jealousy, anger, and arrogance, we can transform our experiences and relationships.

Buddhism teaches that cultivating wholesome mental qualities is essential for spiritual advancement. The positive counterparts to the three unwholesome states are non-greed (alobha), non-hatred (adosa), and non-delusion (amoha). These virtues represent not merely the absence of negativity but also the active presence of beneficial qualities such as generosity (dana), loving kindness (metta), and wisdom (panna). Each of these six mental states serves as a foundation for both personal growth and societal harmony.

Human beings are often tempted by moral transgressions rooted in unwholesome qualities. Actions driven by greed, hatred and ignorance require wisdom and mindful awareness to overcome them, allowing us to see the interconnectedness of all beings and act accordingly.

As we strive to abandon these unwholesome states of mind and cultivate awareness, we contribute positively to our lives and the broader world. By embracing Buddhist teachings, we learn that transforming our minds can significantly impact our experiences and the lives of those around us. Through this mindful practice, we can aspire to create a more compassionate, harmonious existence, transcending the limitations of unwholesome mental states and fostering a deeper connection with ourselves and others.

by Dr. Chandradasa Nanayakkara

 

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How does the Buddha differ?

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Buddhism, perhaps, is not a religion if the definition of religion is strictly applied. However, by an extension of that definition, as well as by consensus, Buddhism is considered a religion and is the fourth largest religion with about half a billion followers worldwide. Of the four great religions in the world, Christianity is still way ahead with 2.6 billion adherents, followed by Islam with 1.9 billion and Hinduism with 1.2 billion followers. In most Western Christian countries church attendances are on the decline whilst the numbers following Islam are increasing with Islamic youth displaying signs of increasing religious ardour. There are recent reports that Buddhism has also joined the ranks of shrinking religions. Is this cause for concern? Is this happening by the very nature of Buddhism?

Hinduism, the world’s oldest living religion rooted in the Indus Valley Civilization and dating back at least four millennia, is considered to have evolved from ancient cultural and religious practices than being founded by a single individual, unlike the other three religions. The Buddha differs from Jesus Christ and Prophet Mohammed in many ways, the most important being that there is no higher power involved in what the Buddha discovered.

Jesus Christ is considered the ‘Son of God’ and Christianity is built on the life, resurrection and teachings of Christ with emphasis on the belief in one God expressed through the Trinity: God the Father, Jesus the Son and the Holy Spirit. Therefore, there is no room for questioning the words of the Almighty passed through the Son.

Islam, with its Five Pillars of faith, frequent daily prayers, charity, fasting during Ramadan and pilgrimage to Mecca, is founded on revelations made by Almighty God, Allah, to Mohammed, the last of his Prophets, which are recorded in verse in the Holy Book, Quran. Muslims consider the Quran to be verbatim words of God and the unaltered, final revelation. This leaves even less room for questioning.

In contrast, the Buddha achieved everything by himself with no help from any higher source. Rebelling against some of the practices in the religion to which he was born and seeking a solution to the ever-pervading sense of dissatisfaction, Prince Siddhartha embarked on a journey of discovery that culminated in Enlightenment, under the Bodhi tree on the full moon day of the month of Vesak.

Hinduism, or Sanatana Dharma as traditionally referred to by followers, encompasses the concepts of Karma, Samsara, Moksha and Dharma with a creator Brahma, preserver Vishnu and destroyer Shiva. In addition, there are multitudes of gods serving various functions and there are ritual practices of Puja (worship), Bhakti (devotion), Yajna (sacrificial rites) in addition to meditation and Yoga. The one thing that has blighted Hinduism, on top of sacrifices, is the caste system. The uncompromising attitude of Brahmins led to the formation Sikhism as well, long after the establishment of Buddhism.

Prince Siddhartha studied under eminent teachers of the day, of which there were many, but realised the limitations of their knowledge. Having already given up the extreme of luxury, he went to the other extreme of self-deprivation which after a search for six years, he realised also was not the solution to the problem. Exploring through his mind he realised the truth and came up with the Four Noble Truths and the Noble Eightfold Path. He shunned extremes and proposed the Middle Path which seems to hold sway in many spheres of life, even today.

Buddha’s greatest achievement was the analysis of the mind and scientists are only now establishing the accuracy of the concepts the Buddha elucidated, not with the help of supernatural powers or sophisticated machinery at the disposal of modern-day scientists but by the exploration of the mind by turning the searchlight inwards.

Having discovered the cause of universal dissatisfaction and the path to overcome it, the Buddha walked across vast swathes of India, most likely barefoot, preaching to many, in terms they could understand, as evidenced by the different suttas illustrating the same fact in different ways; to the intelligent it was a short explanation but for others it was a more detailed discussion.

In sharp contrast to all other religious leaders, the Buddha encouraged discussion and challenge before acceptance. What the Buddha stated in the Kalama Sutta, acceptance only after conviction, laid the foundation for scientific thinking.

The Buddha, being a human not supernatural, never claimed infallibility as evidenced by his agreement with his father King Suddhodana that ordaining his son Rahula without permission was a mistake and took steps to ensure that this did not happen again. In fact, the entire Vinaya Pitaka is not an arbitrary rule book laid down by the Buddha, but are the rules the Buddha laid down for the Sangha, based on errant actions by Bhikkhus. Long before the legal concept of retroactive justice was established, the Buddha implemented it in the Vinaya Pitaka.

In an interesting video on YouTube titled “Nature of Buddhism”, Bhante Dhammika of Australia (https://www.youtube.com/watch?v=KY8WfGJq2FI) discusses some unique aspects of Buddhism. Some religions are ‘high demand’ religions where the followers are required to strictly adhere to certain rules which is not the case in Buddhism and he opines that this has led to the gentleness of Buddhists, at times leading to even being lackadaisical! Interestingly, as a widely travelled person, he describes his personal experience of the change of people’s attitudes on going from places with Buddhist influence to others. Speaking of Sri Lanka, where he spent many years, he commends the traditional hospitality as well as lack of cruelty to animals. He refers to “Law based religions” where some things are compulsory whereas in Buddhism there is no compulsion. Buddha was not a lawgiver but recommended good behaviour, giving reasons why and encouraged thinking. Some religions are exclusivist, claiming that there is nothing in other religions. Buddhism is not and Bhante Dhammika refers to an incident where the Buddha encouraged a disciple who converted from Jainism to continue to give alms to his former Jain colleagues.

Have all these strengths of Buddhism become its weakness and the reason for the shrinking number of followers? Had Buddhism demanded more from followers would it have flourished better? Is the numbers game that important? These are interesting questions to ponder over and I am sure, in time, researchers would write theses on these.

Whilst total numbers may diminish in traditional Buddhist areas, more people in the West are recognising the value of the philosophy of Buddhism. Mindfulness, a concept the Buddha introduced is gaining wide acceptance and is increasingly applied in many spheres of modern life. Perhaps, what is important is not the numbers that practise Buddhism as a religion but the lasting influence of the Buddha’s concepts and foundations he laid for modern scientific thinking and analysis of the mind!

By Dr Upul Wijayawardhana

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Political violence stalking Trump administration

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A scene that unfolded during the shooting incident at the recent White House Correspondents’ Dinner in Washington. (BBC)

It would not be particularly revelatory to say that the US is plagued by ‘gun violence’. It is a deeply entrenched and widespread malaise that has come in tandem with the relative ease with which firearms could be acquired and owned by sections of the US public, besides other causes.

However, a third apparent attempt on the life of US President Donald Trump in around two and a half years is both thought-provoking and unsettling for the defenders of democracy. After all, whatever its short comings the US remains the world’s most vibrant democracy and in fact the ‘mightiest’ one. And the US must remain a foremost democracy for the purpose of balancing and offsetting the growing power of authoritarian states in the global power system, who are no friends of genuine representational governance.

Therefore, the recent breaching of the security cordon surrounding the White House Correspondents’ Dinner in Washington at which President Trump and his inner Cabinet were present, by an apparently ‘Lone Wolf’ gunman, besides raising issues relating to the reliability of the security measures deployed for the President, indicates a notable spike in anti-VVIP political violence in particular in the US. It is a pointer to a strong and widespread emergence of anti-democratic forces which seem to be gaining in virulence and destructiveness.

The issues raised by the attack are in the main for the US’ political Right and its supporters. They have smugly and complacently stood by while the extremists in their midst have taken centre stage and begun to dictate the course of Right wing politics. It is the political culture bred by them that leads to ‘Lone Wolf’ gunmen, for instance, who see themselves as being repressed or victimized, taking the law into their own hands, so to speak, and perpetrating ‘revenge attacks’ on the state and society.

A disproportionate degree of attention has been paid particularly internationally to Donald Trump’s personality and his eccentricities but such political persons cannot be divorced from the political culture in which they originate and have their being. That is, “structural” questions matter. Put simply, Donald Trump is a ‘true son’ of the Far Right, his principal support base. The issues raised are therefore for the President as well as his supporters of the Right.

We are obliged to respect the choices of the voting public but in the case of Trump’s election to the highest public position in the US, this columnist is inclined to see in those sections that voted for Trump blind followers of the latter who cared not for their candidate’s suitability, in every relevant respect, and therefore acted irrationally. It would seem that the Right in the US wanted their candidate to win by ‘hook or by crook’ and exercise power on their behalf.

By making the above observations this columnist does not intend to imply that voting publics everywhere in the world of democracy cast their vote sensibly. In the case of Sri Lanka, for example, the question could be raised whether the voters of the country used their vote sensibly when voting into office the majority of Executive Presidents and other persons holding high public office. The obvious answer is ‘no’ and this should lead to a wider public discussion on the dire need for thoroughgoing voter education. The issue is a ‘huge’ one that needs to be addressed in the appropriate forums and is beyond the scope of this column.

Looking back it could be said that the actions of Trump and his die-hard support base led to the Rule of Law in the US being undermined as perhaps never before in modern times. A shaming moment in this connection was the protest march, virtually motivated by Trump, of his supporters to the US Capitol on January 6th, 2021, with the aim of scuttling the presidential poll result of that year. Much violence and unruly behaviour, as known, was let loose. This amounted to denigrating the democratic process and encouraging the violent take over of the state.

In a public address, prior to the unruly conduct of his supporters, Trump is on record as blaring forth the following: ‘We won this election and we won by a landslide’, ‘We will stop the steal’, ‘We will never give up. We will never concede. It doesn’t happen’, ‘If you don’t fight like hell, you’re not going to have a country anymore.’

It is plain to see that such inflammatory utterances could lead impressionable minds in particular to revolt violently. Besides, they should have led the more rationally inclined to wonder whether their candidate was the most suitable person to hold the office of President.

Unfortunately, the latter process was not to be and the question could be raised whether the US is in the ‘safest pair of hands’. Needless to say, as events have revealed, Donald Trump is proving to be one of the most erratic heads of state the US has ever had.

However, the latest attempt on the life of President Trump suggests that considerable damage has been done to the democratic integrity of the US and none other than the President himself has to take on himself a considerable proportion of the blame for such degeneration, besides the US’ Far Right. They could be said to be ‘reaping the whirlwind.’

It is a time for soul-searching by the US Right. The political Right has the right to exist, so the speak, in a functional democracy but it needs to take cognizance of how its political culture is affecting the democratic integrity or health of the US. Ironically, the repressive and chauvinistic politics advocated by it is having the effect of activating counter-violence of the most murderous kind, as was witnessed at the White House Correspondents’ Dinner. Continued repressive politics could only produce more such incidents that could be self-defeating for the US.

Some past US Presidents were assassinated but the present political violence in the country brings into focus as perhaps never before the role that an anti-democratic political culture could play in unraveling the gains that the US has made over the decades. A duty is cast on pro-democracy forces to work collectively towards protecting the democratic integrity and strength of the US.

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