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What’s In Store In Geneva For The Sri Lankan Government

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By SANJA DE SILVA JAYATILLEKA

The UN Human Rights Council’s first session of the year 2021 to be held from February 22 to March 23 is the most important because it opens with the participation of member states at the Ministerial level, known as the High-Level Segment. Often, Foreign Ministers, Ministers of Human Rights, Justice Ministers and others of similar rank speak at the Council on behalf of their countries and take up issues of human rights around the world.

As in the other two sessions held later in the year in June and September, the United Nations High Commissioner for Human Rights presents her own reports of the work commissioned by the Human Rights Council. In addition, experts appointed by the Council on thematic issues known as Special Procedures also present their reports on their country visits and studies of human rights situations in the countries designated for scrutiny.

The report of the High Commissioner on Sri Lanka contains a devastating and unprecedented critique of the handling of human rights in the country, and its recommendations have escalated the possible interventions of the Council beyond anything that has been proposed to the Council to date.

The logic of this escalation is based on the High Commissioner’s conviction of an accelerated deterioration in civic, political, minority, religious and other democratic rights under the present administration which she explicitly states needs the UN Human Rights Council’s “urgent attention”.

The High Commissioner will also be presenting her findings to the General Assembly in New York through the Economic and Social Council (ECOSOC) in furtherance of her mandate specified in General Assembly Resolution 48/141. In this context, some of her recommendations assume an added significance.

There are recommendations that she makes to the member states that Sri Lanka should not ignore. One is that member states may consider the referral of the Sri Lankan case to the International Criminal Court. This is unprecedented. A reading of the report clearly suggests that this was occasioned by what she perceives as the early warning signs of a dangerous trend: rapidly escalating militarization and the closing of democratic space by the present Sri Lankan administration, rather than as a response to the Tamil Diaspora lobbyists’ long-standing demands.

Another recommendation is the application of the principle of Universal Jurisdiction, which was first proposed by previous Human Rights High Commissioner Zaid-al-Hussain.

Universal Jurisdiction enables a state to claim criminal jurisdiction over a person accused of a crime regardless of their nationality and place the crime was allegedly committed. Former President of Chile, Augusto Pinochet was arrested in London in 1998 on a Spanish warrant charging him with human rights violations in Chile during his time in office. He was extradited to Spain and was tried in a Spanish court under the principle of “universal jurisdiction”. His claims of immunity were rejected by the British Courts on the grounds that torture and crimes against humanity did not form part of the “functions” of a head of state.

No member state acted on High Commissioner Zaid-al-Hussain’s urging with regard to Sri Lanka, agreeing to let Sri Lanka investigate alleged violations of human rights through local processes. The context in which it has been suggested this time is significantly different from previous years with High Commissioner Michelle Bachelet emphasizing the current practices of the Sri Lankan government which she describes as “trends emerging over the past year, which represent clear early warning signs of a deteriorating human rights situation and a significantly heightened risk of future violations, and therefore calls for strong preventive action.” Such language during peacetime in Sri Lanka is a cause for concern all round and warrants serious attention

The Sri Lankan Government will have to respond. If it doesn’t do so effectively, it will have an impact not only on the government but also on individual officials, because the High Commissioner also recommends “possible targeted sanctions such as asset freezes and travel bans against credibly alleged perpetrators of grave human rights violations and abuses”. The current Army Commander has already had a travel ban imposed on him, and as such these should not be regarded as empty threats.

In addition, she recommends the application of “stringent vetting procedures to Sri Lankan police and military personnel identified for military exchanges and training programme”. Sri Lanka has already faced the consequences of this form of punitive action where members of the Sri Lankan military were denied opportunities for training. Furthermore, the report calls for continued review of Sri Lanka’s contribution to UN peacekeeping operations.

Even if Sri Lanka were to ignore the contents of the High Commissioner’s Report, it will still have to deal with the consequences of its recommendations, if any of the member states or indeed individuals decide to act on them. An effective response will be essential if Sri Lanka is not to be seen by possible investors as a place likely to deteriorate into violent conflict and widespread human rights abuses. That is not an attractive climate for investment decisions.

The Secretary to the Ministry of External Affairs has claimed that Sri Lanka is a peaceful country 12 years after the end of the war and to be accused of human rights violations was “unfair”. This will not be a good enough defense in Geneva where the issues brought up in the report have little to do with peace now but with lack of progress on accountability for alleged incidents of war crimes, failure to establish credible local processes, reducing space for democracy, increasing militarization, and surveillance of civic actors and journalist, to list a few.

Asserting that no one has the right to dictate to us about democracy contradicts the logic of the UN Human Rights Council that all member states of the UN have a duty to speak on any concerns regarding human rights, including political and civil rights. There is in fact an open agenda item called “Any other matter requiring the Council’s attention”. During the war years, Sri Lanka was brought up often under this agenda item even if it was not formally included in the agenda. Sri Lanka needs a far better strategy of engagement which takes that into account.

Three Special Procedure mandate holders of the Human Rights Council issued a joint appeal to the governed of Sri Lanka on January 25, 2021 urging the government to stop what they termed “forced cremations”. This issue will surely be brought up at the Council and the language of the joint appeal indicates the form it will most likely take.

 

The Special Rapporteurs attribute the government’s decision to disallow burials of Covid fatalities to “discrimination, aggressive nationalism and ethnocentrism amounting to persecution of Muslim and other minorities in the country”. This is very strong language and the Rapporteurs were hardly detained by the peaceful nature of the country at present. A Government Minister’s protest that they will be guided by the WHO and local experts will inevitably fail to convince the Council due to the fact that both WHO guidelines and a stellar committee of local experts appointed by the Prime Minister, recommended both burial and cremation as safe options for Covid-19 fatalities.

The Secretary/External Affairs fears that the North will hijack the agenda of the Council to target Sri Lanka. The Human Rights Council does not have any veto-wielding members and membership is based on equitable geographic distribution. This means that there are fewer member states from the global North and more from the global South.

Sri Lanka was already placed formally on the agenda of the upcoming session as per earlier resolutions which requested the High Commissioner to monitor and report on its progress to the Council at this session. Her latest report on Sri Lanka is presented in that context.

It has been revealed that the External Affairs Ministry is awaiting the draft of a resolution on Sri Lanka being proposed by UK, Canada, Macedonia, Germany and Montenegro. It is expected to be a ‘consensual resolution’. The Foreign Secretary stated in an interview with the Daily Mirror that this was “the only thing on the table”. If this is the case, it is an important fact.

Consensual Resolution requires a consensus between the parties by definition. If it fails to achieve that or is challenged by Sri Lanka, it will be presented to a vote at the Council. It is then that the 47 member states of the Council will support or oppose the resolution which will be adopted if a majority of countries vote in support. However, all member states of the UN and ECOSOC registered NGOs, if they inscribe their names to speak on the matter, are able to present their views before the vote, to persuade the voting members either way. The Global South can have its say as much as or even more than the Global North.

While this administration withdrew from previous resolutions which were co-sponsored by the earlier regime, this resolution will need the Government’s full engagement through our diplomats in Geneva if it hopes to persuade the Council of its position on Human Rights in Sri Lanka. Given the tone and tenor, Conclusions and Recommendations of the High Commissioner’s Report on Sri Lanka and the perception of the Special Rapporteurs of Sri Lanka’s motivation in its public health decisions on Covid-19 deaths, the Government of Sri Lanka has its work cut out for it.

 

(Sanja de Silva Jayatilleka is the author of ‘Mission Impossible-Geneva: Sri Lanka’s Counter-hegemonic Asymmetric Diplomacy at the UN Human Rights Council’, Vijitha Yapa, Colombo, 2017.)



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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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