Opinion
De-radicalisation contorted
De-radicalisation is the word, pinpoint to the intention of the legislation in Government Gazette (GG). The wording of GG regulation is however in want of intelligence, if that defect, in itself, was not calculated in the draft.
Extremist religious ideology is the declared objective of these regulations No 1 of 2021 (GG). The specific offence is by a person who: ‘by words spoken …. causes or intends to cause commission of acts of violence or religious racial social causing disharmony or feelings of ill will of hostility BETWEEN different communities …etc’ OR ‘intended to be read … cause…etc’. De-radicalisation from holding extremist religious ideology is by a person and against groups. Several problems however emerge through the above provisions. In order yet that these perceived problems are presented in some orderly manner, recourse is had to certain basic principles of Aristotelian (A) logic enunciated over 3000 years before. This thinking has some relevance even today.
Objective:
Firstly, in looking for the objective in GG, it is found these same provisions in the GG are contained in the Penal Code, duplicity in law. The difference is perhaps reference to the ‘extremist’ in the GG, not in the Penal Code. The relationship of the objective of one to the other, the GG to the Penal Code, is nevertheless not clear. But that want of clarity does not stay in the hand of the GG. The issue in terms of A is one of apparent reasoning, of objectives confused, which A called a fallacy. That fallacy is one of apparent reasoning which ‘appears to conclude but does not’. This fallacy comes from a propensity to jump in the process through apparent reasoning from one cause to another, from the single to the others. This fallacy also comes from recognition of the appearance of likeness of the truth, not the truth itself. In this instant case, the fallacy has the characteristics noted by A. This fallacy, by its very nature, leads, as A notes, to deception, intentional or unintentional.
Sophism:
Another name for this deliberate fallacy in reasoning is sophism. Sophism is calculated to exploit this apparent likeness of objective even at the cost of truth. This, as A notes, is a habit of specious wisdom. The apparent teaching under sophism, as A further notes, is also a purveyor of phony wisdom. It is added here that apparent wisdom is to produce for the sake of profit. The need then, even now, 3000 years later, is to consider whether similar impulses can be discerned in the garb of the current GG.
Fallacies:
Since the objective of the GG is not clear, and a practice specious wisdom termed Sophism intrudes into the discussion, the logic of A advises the concept of fallacies. This malady also enters into the consideration. Fallacious is the equivalent of specious reasoning. These can originate, A says, from two sources: from the words used in the reasoning; from the connections made between the things brought about. These are also termed fallacies dependent on language, fallacies independent of language.
Fallacies dependent on language
. – This is the result of a plausible error of equivocal usage of words. One of the ambivalent words used in the GG is De-radicalisation. De-radicalization comes from the word radical. But the word radical has a double meaning, one the extremist in the negative sense it is used in the GG, the other radical means fundamental, thorough, in a positive sense. One is extreme in tone, the other is moderation. GG does not differentiate it meaningfully, intelligently. Ambiguity then runs through the provisions of the GG. The equivocal ambiguity does not make for good law, for good police action. Apparently this draft was made by the Minister of Justice (M of J), unthinking or perhaps intentional. Either way it was set down by MoJ. This sophist practice of using words with double meaning presents therefore a problem for the Supreme Court (SC).
Fallacies independent of language
– Action is prescribed in terms of the GG. There are serious problems the GG law encounters in the course of its action. Primarily the difficulty is with the Police. If the law in the GG is not clear as described above, the executive action following would be seriously questionable. In practical terms Police have been taking into custody persons whose actions are not within the terms of the GG. Individual criticisms of the government on diverse matters unrelated to the scope of the GG. In many cases Magistrates have rejected the submissions of the Police, even criticising Police action. The load of rights law violations is heavy and the issues are replete in the records. The GG will only add to the burden of the courts to deal with.
The exact point MoJ is trying to prove is that of De-radicalisation. In the draft of the provisions for the GG, MoJ is using only a general reason or partial reason, not to the very point of the radical, or using the reasoning process misleadingly. The reasoning in the GG has then only an appearance of reasoning, not reasoning to the exact point. Here reasoning is of the one radical which is to include all radicals, the consequence of one radical on all radicals etc. as examples of fallacy in reasoning in specious wisdom.
It is not clear either that such confusion of issues engaged the attention of MoJ. Whether intentional or unintentional, the draft has been made by MoJ. Apparently then, the De-radicalization programme embodied in the GG provisions are riddled with faulty construction, noted above, which is even inimical to Aristotelian principles of logical thinking.
If the law is not clear, violation of rights under this law can also be problematic. The issue of rights therefore is prominent in this mal-arrangement. The issue of rights of persons arrested under dubious provisions will come to the fore. The question is whether the BASL will take cognizance of this. Apparently not, going by what has transpired thus far under the GG provisions. It is unlikely the BASL will act as the AAA in the US, the parallel of BASL in the US. If yet, some cases of flagrant violations of rights are filed against miscreant police officers an effective check of such malpractices can then be expected. Trust this observation will catch the eye of the Petitioners before the SC.
FRANK de SILVA Narahenpita
The first and only tsunami that Sri Lanka experienced was on Boxing Day(26th) of December 2004. My wife and I, as usual, went down to Modara in Moratuwa to purchase our seafood requirements of seafood from our familiar fishmonger, Siltin, from whom we had been buying fish for a long time. Sometimes we used to take a couple of friends of ours. But on this day, it was only both of us that went on this trip.
We made our purchases and were returning home and when we came up to the Dehiwala bridge, many people were looking down at the canal from both sides of the bridge. This was strange, as normally if there was something unusual, it would be on one side.
Anyway, we came home unaware of anything that had happened. A school friend of mine (sadly he is no longer with us) telephoned me and asked whether I was aware of what had happened. When I answered him in the negative, he told me to switch on the TV and watch. Then when I did so and saw what was happening, I was shocked. But still I did not know that we had just managed to escape being swept away by the tsunami.
Later, when I telephoned Siltin and asked him, he said that both of us had a narrow escape. Soon after we had left in our car, the tsunami had invaded the shore with a terrifying wave and taken away everything of the fishmongers, including their stalls, the fish, weighing scales and money. The fishmongers had managed to run to safety.
This had been about five minutes after we had left. So, it was a narrow shave to have escaped the wrath of the demining tsunami( the name many Sri Lankans came to know after it hit our island very badly}
HM NISSANKA WARAKAULLE
Sri Lanka has recorded a staggering 375 elephant deaths in the past eleven and a half months due to a multitude of causes, according to the Department of Wildlife Conservation. U. L Thaufeeq, Deputy Director – Elephant Conservation said the deaths include 74 from gunshots, 53 from electrocution, 49 from hakka patas (explosive devices hidden in food), seven from poisoning, 10 from train accidents, three from a road accident, and six by drowning. It makes such diabolical reading!
“The causes of other deaths are due to natural causes or causes that could not be identified. Most of the elephants that died were young,” the official said.
Meanwhile, the human-elephant conflict has also taken a toll on people, with 149 human deaths reported this year.
Accordingly, human-elephant conflict has resulted in 524 deaths of both elephants and humans in 2024.
In 2023, a total of 488 elephants and 184 people have died consequent to the conflict, according to Wildlife Department statistics.
The human-elephant conflict in Sri Lanka has escalated to unprecedented levels with reasons like habitat destruction, encroachment, and the lack of sustainable coexistence measures contributing to the issue.
This is an indictment of the Wildlife Department for just giving the sad yearly statistics of shocking losses of our National treasures !
Given the fact that Sri Lanka boasts of 29.9% of the country declared as protected forests, Sri Lanka is a haven for nature lovers. Boasting 26 national parks, 10 nature reserves including 3 strict nature reserves, and 61 sanctuaries, the national parks in Sri Lanka offer an incredible variety of wildlife experiences.
Taken in that context, the million dollar question is why on earth the Wildlife Department is not being proactive to capture these magnificent animals and transport them into protected sanctuaries, thus effectively minimising dangers to villagers ?
Being a Buddhist country primarily, to turn a blind eye to these avoidable tragic deaths to mankind and wild elephants, we should be ashamed !
As a practising Buddhist myself, I think our clergy could play a major part in calling upon the Wildlife Department to get their act together sooner rather than later to protect human elephant conflicts !
Sri Lanka being a favourite destination amongst foreign tourists, they are bound to take a dim view of what is happening on the ground!
If the top brass in the responsible department are not doing their job properly, may be there is a case for the new President to intervene before it gets worse!
All animal lovers hope and pray the New Year will usher in a well coordinated plan of action put in place to ensure the well being of wildlife and villagers !
Sunil Dharmabandhu
Wales, UK
This has reference to the article from the Aircraft Owners and Operators Sri Lanka, titled ‘Closer look at regulatory oversight and its impact on Tourism’, published on Tuesday, 24th December 2024.To explain further, in the beginning there was the Air Navigation Act No 15 of 1950 which was followed by the Air Navigation Regulations (ANR) of 1955. This was long before the national airline had acquired pressurised aircraft, intercontinental jets, sophisticated navigation equipment, satellite communication and automatic landing systems, and ‘glass’ flight-deck instrumentation.
Today, civil aviation in Sri Lanka is governed by Civil Aviation Act Number 14 of 2010. Yet the Air Navigation Regulations (ANR) promulgated back in 1955 remain in force.
These outdated regulations still stipulate rules forbidding the carriage of passengers on the airplane’s wings or undercarriage (landing gear). In short, they are neither practical nor user-friendly. In contrast, the Air Navigation Regulations of other countries have progressed and are easy to read, understand, and implement.
To overcome the problem of outdated regulations, as an interim measure in 1969 the then Minister of Communications and Transport, Mr E.L.B. Hurulle issued a Government Gazette notification declaring that the Standard and Recommended Procedures (SARPs) in Annexes to the ICAO Convention signed by Ceylon in 1944 shall be made law.
Even so, nothing much was done to move with the times until updating of the Civil Aviation Act 14 of 2010, while the Air Navigation Regulations remained unchanged since 1955. However, these regulations were modified from time to time by the promulgation of Implementing Standards (IS) and General Directives (GDs) which were blindly ‘cut and pasted’ by the Civil Aviation Authority of Sri Lanka (CAASL), from the ICAO (International Civil Aviation Organisation) Annexe ‘SARPS’ without much thought given. To date there are literally 99 IS’s starting from 2010.
The currently effective air navigation regulations are not in one document like the rest of the world, but all over the place and difficult for the flying public to follow as they are not regularly updated. This sad situation seems to have been noticed by the current regime.
The National Tourism Policy of the ruling NPP states, “Domestic air operations are currently limited due to high cost and regulatory restrictions. The current regulatory and operational environment will be reviewed to ensure domestic air connectivity to major tourist destinations. The potential of operating a domestic air schedule with multiple operators is proposed. Additionally, domestic airports and water aerodromes in potential key areas will be further developed, for high-end tourism growth.”
“The tourism policy recognises Sri Lanka’s potential to develop Sri Lanka’s aviation-based specialised tourism products, including fun flying, hot air ballooning, paragliding, parachuting and skydiving, and scenic seaplane operations. To facilitate the growth of these niche markets, existing regulations will be reviewed with the aim of attracting capable investors to develop and operate these offerings.”
It remains to be seen whether the NPP government lives up to those promises.
Note:
That OPA report talks of two funds: ‘Connectivity’ and ‘Viability’ for a limited period like three or five years to help jump-start the domestic aviation industry.
The ‘Connectivity Fund’ will cap the seat price for local passengers to a more affordable value to destinations while the ‘Viability Fund’ will assume that all seats are occupied and compensate the operator for any unutilised seat. The intention is to popularise domestic aviation as a safe, quick and convenient mode of transport.
Capt. Gihan A Fernando
RCyAF/ SLAF, Air Ceylon, Air Lanka, Singapore Airlines and Sri Lankan Airlines.
Now A Fun Flier
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