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Midweek Review

Advocacy of GSP+ withdrawal will adversely impact vulnerable segments of population

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By Dharshan Weerasekera,
Attorney-at-Law, Head of Department of the Legal Unit of
the Eastern Province Provincial Council

I am a citizen of Sri Lanka and a lawyer working in the Eastern Province and would like an opportunity to respond to the statement by Ms. Ambika Satkunanathan made before the Subcommittee on Human Rights. In my opinion, the statement is replete with factual errors, insinuations, innuendos, etc. If these are not promptly addressed, they could create misperceptions about Sri Lanka among members of the international community, especially the EU, with grave consequences to this country.

Ms. Satkunanathan makes three recommendations: a) the EU should use the GSP+ facility as a tool to compel the Government of Sri Lanka to address its purported human rights abuses, b) the EU should support the evidence-gathering mechanism established under UNHRC resolution 46/1, and c) support efforts to use universal jurisdiction to hold persons accountable for purported human rights violations. In this reply, I will focus on the first issue.

In my view, Ms. Satkunanathan’s recommendation for a possible withdrawal of GSP+ is unreasonable because of the following reasons. First, the fields that would be most affected by such a withdrawal would be, a) the garment industry, b) fisheries and c) agriculture. Inevitably the persons who would suffer the most would be from the most vulnerable segments of the population. In the case of the garment sector, women, who primarily work in the garment sector will be affected. In the case of fishing, mostly low-income persons especially from the Tamil community, will be affected and finally in the agricultural sector, small to medium scale farmers will be the hardest hit.

If the expected result of a withdrawal of the GSP+ facility is an improvement in the human rights situation in Sri Lanka, the question arises, “what about the right to life, work of choice, family, etc.—all rights guaranteed under the Universal Declaration of Human Rights—of the aforesaid persons and their family members?”

Second, because of the Covid-19 global pandemic, Sri Lanka’s economy has been devastated. Moreover, the Government of Sri Lanka has had to spend enormous amounts of money to import vaccines, run treatment centres, etc. In these circumstances, to deprive this country of GSP+ which is one of the few remaining ways in which the country can earn foreign exchange, would be akin to kicking a fallen person when they are down. It would also arguably be contrary to EU law and more importantly, the principles of the Universal Declaration of Human Rights, Article 30 which states:

“Nothing in this Declaration may be interpreted as implying for any State, group of person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.” (Article 30, Universal Declaration of Human Rights)

I next turn to Ms. Satkunanathan’s specific allegations. To the best of my knowledge, they fall into five categories: i) purported entrenching of impunity, ii) the majoritarian nature of the Sri Lankan state and its consequences, iii) shrinking of civic space, iv) extrajudicial killings and arrests under the pretext of the “war on drug” and v) exploiting inter-state rivalry to undermine the efforts of states that call for accountability. I will address each of them in turn.

i) Purported entrenching of impunity

Ms. Satkunanathan’s argument is that the failure of the Government of Sri Lanka to deal with accountability for purported war time abuses has entrenched a culture of impunity. The flaw in this argument is that, there are serious questions over the veracity of the evidence in the UNHRC-related reports (the only ones of any relevance for the international community) that level these allegations.

For instance, in regard to purported violations of humanitarian law, two reports are relevant—the Secretary-General’s Panel of Experts on Accountability in Sri Lanka (2011) and the Office of the High Commissioner for Human Rights Investigation on Sri Lanka (2015). Both reports allege that “system crimes” were committed during the relevant period. However, there are two domestic reports—the Lessons Learnt and reconciliation Commission (2011) and the Paranagama Commission (2015)—that state categorically that no systemic crimes occurred.

Sri Lanka’s position has been that the UNHRC-related reports are levelling unsubstantiated allegations. Given the principle of international law that domestic remedies must be exhausted before turning to international ones, it necessarily follows that the international community cannot unilaterally or uncritically endorse the position of the UNHRC-reports without first showing that the conclusions of the domestic mechanisms are wrong. To my knowledge, there has been no such report. Therefore, it is unreasonable for the EU to even entertain the prospect of taking unilateral action on Sri Lanka in regard to the issue of humanitarian law violations.

Furthermore, there is at present a Presidential Commission of Inquiry mandated specifically to review the findings and recommendations of the previous Presidential Commissions particularly the LLRC and the Paranagama Commissions, and report on the progress or lack thereof in implementing the recommendations of those Commissions. The new Commission is headed by Justice Nawaz a sitting member of the Sri Lanka Supreme Court and his final report is expected in February 2022. In these circumstances, hasty conclusions by the EU Parliament about the issue of accountability would be unjustified at least until the findings of the said report are known and also discussed and debated in international forums, including the UNHRC.

On purported violations of human rights law, to the best of my knowledge the GOSL has been actively engaging the international community including the UNHRC’s Universal Period Review and Special Procedures to address the various concerns that have been raised. This includes the allegations of systematic torture. To my knowledge, there is no report or finding to date by the EU Parliament that Sri Lanka’s efforts at such engagement are inadequate. In these circumstances, to take unilateral action against Sri Lanka based on the statements of private persons or groups with their own agendas in respect of Sri Lanka is unreasonable.

ii) Purported majoritarian nature of the state,

Ms. Satkunanathan’ s argument is that, given the “majoritarian nature” of the Sri Lankan state, the minorities are marginalised and cannot get justice. She also raises two points under this, namely, that the present government is driven by an ideology based on the two pillars of Sinhala-Buddhist nationalism and militarisation. As evidence of the dominance of Sinhala-Buddhist nationalism, she points to the Presidential Task Force on Archaeology which she accuses of being a tool for land-grabbing and changing the demographics of minority-heavy areas, and the Presidential Task Force on “One-Country One Law” which she accuses of stoking ethnic hatred and violence.

The flaw in Ms. Satkunanathan’s reasoning is that: firstly, in all democracies the voice of the majority inevitably prevails, to wish otherwise would be to wish that Sri Lanka stop being a democracy. The more pertinent question is whether, given the realities of a democratic government, do the minorities in Sri Lanka have sufficient safeguards to ensure that their rights and interests are protected? The answer is “yes.”

For instance, there are no discernible differences among the Sinhalese, Tamils and Muslims in this country in regard to relevant factors such as life-expectancy, infant mortality, average income, graduation rates from the schools and universities and so on. If there was systematic discrimination against minorities, one would expect to see such discrepancies. Meanwhile, on representation, the Sri Lankan Parliament has minority members roughly in proportion to their numbers in the general population. Meanwhile, twice in the recent past, a Tamil political party has been the official opposition in Parliament.

Finally, in the years since independence, Sri Lanka has had innumerable Deans of Universities, Solicitors General (even Attorneys General), Supreme Court Judges (even Chief Justices), Cabinet Ministers and other high officials from among the minorities. The present Justice Minister is a Muslim while the Attorney General is of Tamil descent. If there was systematic discrimination against minorities, how could these things be possible?

Second, to turn to Ms. Satkunanathan’s claims about the Task Force on Archaeology including the claim that it is a device to facilitate land-grabbing and changing the demographics in minority-heavy areas, the following facts need to be brought to the attention of the EU Parliament. It is not in dispute that, Sri Lanka has an illustrious history going back to over 2,500 years. The archaeology including epigraphy of this period is the common heritage of all Sri Lankans. Today, this history is not just a matter of national pride but a source of national wealth because of tourism, one of the prime means of income for the country.

During the 30-year civil conflict, efforts at exploring the archaeology of the Northern and Eastern provinces were almost completely halted and there is a huge lacuna in our knowledge of the sites in these areas. Also, unfortunately, there is evidence that the LTTE and other factions deliberately destroyed some of the sites in the course of establishing training camps and other things and also as a means of obliterating signs of Sinhalese presence in the relevant areas.

Meanwhile, after the conflict as displaced persons returned to the North and East, there has been an increase in unauthorised encroachment on forest areas inevitably leading to destruction of archaeological sites. So, there is an urgent need to take concrete measures in order to protect these sites. The Antiquities Ordinance, passed during British times, gives the Government wide powers to preserve and protect the archaeological heritage of the country.

To my knowledge, it is in this context that the Presidential Task Force on Archaeology was set up. It has representation from all ethnic communities and it is reasonable to suppose that if anything illegal or untoward is proposed, these representatives will point such things out if vigilant members of the public (especially those such as Ms. Satkunanathan) fail to do so sooner.

The purpose of the Task Force is to coordinate the efforts to identify the archaeological sites in the Northern and Eastern Provinces. To think of it as a pretext for land-grabbing and introducing the Sinhalese to these areas is preposterous. For one thing, the Sinhalese people do not need a Presidential Task Force on Archaeology to validate their moving into the Northern and Eastern Provinces. Those areas are part of their country. Also, during the thirty-year civil conflict, the Sinhalese as well as Muslims in these areas were driven out as part of large-scale ethnic-cleansing campaigns by the LTTE. So, these people have a natural right of return to their former homes. However, there is absolutely no evidence of a systematic effort by the government to change the demographics of any provinces in Sri Lanka.

Finally, to turn to the Presidential task Force on “One Country One Law,” it should be noted that the Commission is expected to play an advisory role only. The Commissioner’s recommendations will be first studied by the Justice Ministry, then the Cabinet of Ministers and finally the Parliament in keeping with the democratic traditions we uphold dearly. Meanwhile, the Commission has not released any report yet and one must presume that before critics condemn a Commission, they should first wait until they know what its findings are. In any event, for the EU to take unilateral action against Sri Lanka on such grounds is unreasonable.

iii) Shrinking of democratic space

Ms. Satkunanathan’s argument is that extra-legal processes are increasingly being used to curtail the activities of civil society organizations, journalists and activists. In reply, one can point out that Sri Lanka has a system of courts with a tradition that goes backto nearly two hundred years. If the State is doing anything illegal, the aggrieved parties have many opportunities to challenge such actions in the courts. For instance, they can file actions under administrative law and also fundamental rights. Ms. Satkunanathan and others who claim that there is an increase in the State’s use of extra-legal processes have to adduce cogent evidence that the aggrieved persons have pursued administrative law actions or fundamental rights actions in regard to the matters in question and what the outcome of those cases are. To my knowledge, this has not been done yet.

On the contrary, now the Government at Presidents, Ministerial and institutal level is fully engaged with the civil society and work jointly in the development of the country and maintaining peace among communities. There are regular discussions with the Civil Society Groups and CSGs are playing a very constructive role in many different ways. It is reported that, even the NGO secretariat which was functioning under the Ministry of Defence has now moved to the Foreign Ministry to give it more liberty.

iv) “War on drugs” and its purported consequences

Ms. Satkunanathan’s argument is that there is an increase in extra-judicial killings and arrests under the pretext of a “war on drugs.” However, she fails to indicate even one instance of extra judicial killings since there is none. In regard to this, she focuses on the Prevention of Terrorism Act which she accuses of having become a tool that the Government of Sri Lanka exploits in order to intimidate and harass its critics. In regard to the PTA, it should be noted that the Government of Sri Lanka is in the process of amending the Act, which is now at the final stage and the international community is being briefed on that process. Therefore, to take unilateral action against this country at this stage based on these allegations, is certainly unreasonable.

v) Purported exploiting of inter-state rivalries

Ms. Satkunanathan’s argument is that, the Government of Sri Lanka L is exploiting its friendship with China to silence other countries that wish to pursue accountability here. This claim is refuted by the simple fact that, the so-called “Core Group on Sri Lanka” whose chief members are Germany, United Kingdom and Canada continue to aggressively pursue their agenda on Sri Lanka at the UNHRC. Last March, they managed to obtain a majority of votes to pass resolution 46/1 on Sri Lanka. Clearly, Sri Lanka’s friendship with China has failed to prevent such actions which continue unabated.

Such then are the arguments that Ms. Satkunanathan uses to support her recommendation that the EU use the GSP+ facility as a tool to pressure the Government of Sri Lanka L to mend its ways in regard to purported human rights violations. In my opinion, for the EU to even consider such a request is an affront to reason and common sense not to mention the norms and customs of international law. I would be happy to provide a more detailed response including supporting documents.



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Midweek Review

A victory that can never be forgotten

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President Mahinda Rajapaksa at the Matara victory parade, in 2014, held to mark the eradication of the LTTE.

The country is in deepening turmoil over the theft of USD 2.5 mn from the Treasury. The Treasury affair has placed the arrogant NPP in an embarrassing position. The controversial release of 323 red-flagged containers from the Colombo Port, in addition to two carrying narcotics and the coal scam that forced Energy Minister Kumara Jayakody to resign, has eroded public confidence though the NPP pretends otherwise.

Suspicious deaths of a Finance Ministry official, suspended over the Treasury heist of USD 2.5 million, and ex-SriLankan Airlines CEO Kapila Chandrasena shouldn’t distract the government and the Opposition from marking victory over terrorism.

But, the country, under any circumstances, shouldn’t forget to celebrate Sri Lanka’s greatest post-independence achievement. Dinesh Udugamsooriya, a keen follower of conflict and post-Aragalaya issues, insists that those who cherish the peace achieved should raise the national flag in honour of the armed forces.

The armed forces paid a huge price to preserve the country’s unitary status. Those who represent Parliament and outside waiting for an opportunity to return to Parliament must keep in their minds, unitary status is non-negotiable, under any circumstances, and such efforts would be in vain.

By Shamindra Ferdinando

Sri Lanka celebrates, next week, the eradication of the bloodthirsty separatist Liberation Tigers of Tamil Eelam (LTTE) as a conventional threat to the survival of this nation, at least in our hearts, even if the authorities dampen any celebrations. The armed forces brought the war to a successful conclusion on 18 May, 2009. The body of undisputed leader of the LTTE, Velupillai Prabhakaran, was found on the banks of the Nanthikadal lagoon, on the morning of 19 May, less than 24 hours after the ground forces declared the end of operations in the Vanni theatre.

The LTTE’s annihilation is Sri Lanka’s greatest post-independence achievement. Whatever various interested parties, pursuing different agendas say, the vast majority of people accept the eradication of the LTTE’s conventional military capacity as the armed forces’ highest achievement.

Sri Lanka’s triumph cannot be discussed without taking into consideration how the Indian-trained LTTE, who also went on to fight the New Delhi’s Army deployed here, in terms of the Indo-Lanka Peace Accord, signed in July, 1987, giving it an unforgettable hiding. The Indian misadventure here cost them the lives of nearly 1,500 officers and men. Just over a year after the Indian pullout, in March, 1990, the LTTE assassinated Rajiv Gandhi who, in his capacity as the Prime Minister, deployed the Indian Army here. But India launched the Sri Lanka destabilisation project during Indira Gandhi’s premiership.

Western powers, the now decimated United National Party (UNP), Janatha Vimukthi Peramuna (JVP), and an influential section of the media, propagated the lie that the LTTE couldn’t be defeated. But, the United People’s Freedom Party (UPFA), under President Mahinda Rajapaksa’s resolute leadership, sustained a nearly three-year long genuine sustained offensive that brought the entire Northern and Eastern regions back under government control.

The UNP relentlessly hindered the war against the LTTE. UNP leader Ranil Wickremesinghe, hell-bent on undermining the military campaign, had no qualms in questioning the military strategy. The former Prime Minister went to the extent of sarcastically questioning the culmination of the military campaign in the East with the capture of Thoppigala (Baron’s cap) in the second week of July, 2007, calling it just a rock outcrop with no significance. Believing the military lacked the strength to continue with the campaign, Wickremesinghe publicly ridiculed the Thoppigala success. The then Brigadier Chagie Gallage, the pint-sized human dynamo, provided critical leadership to the highly successful Eastern campaign that deprived the LTTE the opportunity to compel the armed forces to commit far larger strength to the region. We clearly recall how he went to announce the prized capture from his forward base, that afternoon, driving his own jeep, dressed as a soldier wearing a cap, with his second in command seated by his side, obviously not to fall victim to any sniper hiding in the surrounding jungles.

The likes of Ravi Karunanayaka, Lakshman Kiriella, Dr. Rajitha Senaratna and the late Mangala Samaraweera demeaned such successes by contributing to a vicious political campaign that dented public confidence in the armed forces. Then Lt. General Sarath Fonseka’s Army needed a massive boost, not only to sustain the relentless advance into the enemy territory, but to hold onto and stabilise areas brought under government control. But the viciousness of these critics were such that Samaraweera had the gall to say that Fonseka was not even fit to lead the Salvation Army.

The Opposition campaign was meant to deter the stepped up recruitment campaign that enabled the Army to increase its strength from 116,000 to over 205,000 at the end of the campaign. In spite of disgraceful Opposition attempts to cause doubts, regarding the military campaign among the public, with backing from Western vultures, who were all for LTTE success, the Rajapaksa government maintained the momentum.

President Rajapaksa had a superb team that ensured the government confidently met the daunting challenge. That team included Defence Secretary Gotabaya Rajapaksa, Vice Admiral Wasantha Karannagoda, Lt. General Sarath Fonseka, Air Marshal Roshan Goonetileke and the then Chief of National Intelligence (CNI) Maj. General Kapila Hendawitharana. There were also the likes of Rear Admiral Sarath Weerasekera, who returned from retirement to transform the once ragtag Home Guards into a worthy back-up to the military, as the Civil Defence Force, at critical places/junctures.

The then Governor of the Central Bank, Ajith Nivard Cabraal, played a significant role in overall government response to the challenge. The then presidential advisor MP Basil Rajapaksa’s role, too, should be appreciated and Prof. Rajiva Wijesinghe as well as Minister Mahinda Samarasinghe contributed to counter the false propaganda campaigns directed at the country. Whatever the shortcomings of the Mahinda Rajapaksa-led UPFA may have had, the armed forces couldn’t have succeeded if the resolute political leadership he provided, with his team of brothers, failed both in and outside Parliament. That is the undeniable truth.

During the 2006-2009 campaign, the UNP twice tried to defeat the UPFA Budget, thereby hoping to bring the war to an abrupt end. Th utterly contemptible move to defeat the UPFA Budget ultimately caused a split in the JVP with a section of the party switching its allegiance to President Rajapaksa to save the day.

Amidst political turmoil and both overt and covert Western interventions, the armed forces pressed ahead with the offensive. It would be pertinent to mention that the Vanni campaign began in March, 2007, a couple of months before the armed forces brought the eastern campaign to an end.

Vanni campaign

The Army launched the Vanni campaign in March, 2007. The 57 Division that had been tasked with taking Madhu, and then proceeding to Kilinochchi, faced fierce resistance. The principal fighting Division suffered significant casualties and progress was slow. An irate Fonseka brought in Maj. Gen. Jagath Dias as General Officer Commanding (GoC) of the 57 Division to advance and consolidate areas brought under control.

The Army expanded the Vanni campaign in September, 2007. The Task Force 1 (later 58 Division) launched operations from the Mannar ‘rice bowl’. Fonseka placed Gallage in command of that fighting formation but was replaced by the then Brigadier Shavendra Silva, as a result of a medical emergency.

The Army gradually took the upper hand in the Vanni west while the LTTE faced a new threat in the Vanni east with the newly created 59 Division, under Brigadier Nandana Udawatta, launching offensive action in January, 2008. Having launched its first major action in the Weli Oya region, that Division fought its way towards Mullaitivu, an LTTE stronghold since 1996.

The 53 (Maj. Gen. Kamal Gunaratne) and 55 (Brig. Prasanna Silva) Divisions, deployed in the Jaffna peninsula, joined the Vanni offensive, in late 2008, as the TF 1 fought its way to Pooneryn, turned right towards Paranthan, captured that area and then hit Elephant Pass and rapidly advanced towards Kilinochchi. The TF 1 and 57 Division met in Kilinochchi and the rest is history.

Once the Army brought Kilinochchi under its control, in January, 2009, the LTTE lost the war. The raising of the Lion flag over Kilinochchi meant that the entire area, west of the Kandy-Jaffna A9 road, had been brought under government control. By then the LTTE had lost the sea supply route, between Tamil Nadu and Mannar region. The LTTE was surrounded by several fighting formations in the Vanni east while the Navy made an unprecedented achievement by cordoning off the Mullaitivu coast that effectively cut them off on all sides.

During the final phase of the naval action, they captured Sea Tiger leader Soosai’s wife, Sathyadevi, and her children Sivanesan Mani Arasu and Sivanesan Sindhu. Spearheaded by the elite Fourth Fast Attack Flotilla, the Navy conducted a sustained campaign, with spectacular success in the high seas, and, by late 2008, the Navy dominated the waters around the country.

The sinking of floating LTTE warehouses, with the intelligence provided by the Directorate of Military Intelligence (DMI) and the US Pacific Command, after the Americans decided to speed up the inevitable, and a campaign, directed at operations across the Palk Strait, weakened the LTTE. By early January, 2009, the LTTE had lost its capacity to carry out mid-sea transfers, and the use of Tamil Nadu fishing trawlers to bring in supplies, and it was only a matter of time before the group surrendered or faced the consequences.

Although Tamil Diaspora still believed in the LTTE launching a massive counter attack on the Vanni east front and the Tamil National Alliance (TNA), under the leadership of the late R. Sampanthan, worked hard to halt the offensive, President Rajapaksa declared that the offensive wouldn’t be called off. President Rajapaksa had the strength to resist the combined pressure brought on him by the West and the UN until the armed forces delivered the final blow.

The despicable efforts made by US Secretary of State Hillary Clinton to block IMF funding for Sri Lanka is in the public domain. Clinton was obviously trying to please the Tamil Diaspora. The US made that attempt as the ground offensive was on the last phase against the backdrop of the international community suspending relief supply ships to Puthumathalan.

The IMF provided the much required funding to Sri Lanka, regardless of Clinton’s intervention.

A targeted assassination

The Air Force conducted a strategic campaign against the LTTE while providing support to both the Army and the Navy. Despite limited resources, the Air Force pulverised the enemy and high profile target assassination of S.P. Thamilselvan, in his Kilinochchi hideout, in early November, 2007, shook the LTTE leadership. The deployment of a pair of jets (Kafir and MiG 27), on the basis of intelligence provided by the DMI and backed by UAV footage, to carry out a meticulous strike on Thamilselvan’s Kilinochchi hideout, caused unprecedented fear among the LTTE.

Current Defence Secretary, Sampath Thuyakontha, in his capacity as the Commanding Officer of No 09 Squadron, played a vital role in action against the LTTE. Thuyakontha earned the respect of all for landing behind enemy lines in support of LRRP (Long Range Reconnaissance Patrol).

As the Army advanced on the Vanni east front, thousands of LTTE cadres gave up their weapons, threw away their trade mark cyanide capsules and surrendered. Their defences crumbled and even hardcore cadres surrendered, regardless of the warning issued by Prabhakaran. By the time the armed forces concluded clearing operations, over 12,000 LTTE cadres were in government custody. Although those who couldn’t stomach Sri Lanka’s victory over the LTTE propagated lies regarding the rehabilitation programme, the ordinary Tamil people appreciated the project.

C.V. Wigneswaran, in his capacity as the Chief Minister of the Northern Province, called for a US investigation into the death of ex-LTTE cadres in government custody. The retired Supreme Court judge sought to consolidate his political power by alleging the Army executed surrendered men by injecting them with poison. The then Yahapalana government failed to take action against Wigneswaran who claimed over 100 deaths among ex-combatants.

Instead of initiating legal action, the war-winning Rajapaksa government rehabilitated them. Even after the change of government, in 2015, the rehabilitation project continued. Almost all of them had been released and, since the end of war, the members of the defeated LTTE never tried to reorganise, though some Diaspora elements made an attempt.

The LTTE’s demise brought an end to the use of child soldiers. Those who demand justice for Tamils, killed during the war, conveniently forget that forcible recruitment of children, by the LTTE, also ended in May, 2009. Struggling to overcome severe manpower shortage, amidst mounting battlefield losses, the LTTE abducted Tamil children, from the early ’90s, to be press-ganged into their cadre.

Although the UN and ICRC sought a consensus with the LTTE, way back during Chandrika Bandaranaike Kumaratunga’s tenure as the President, to cease forced recruitment of children, they couldn’t achieve the desired results. The much publicised UN-ICRC projects failed. The LTTE continued with its despicable abduction of children. The LTTE never stopped child recruitment and, depending on the ground situation, it carried out forced recruitment drives. The signing of the Norwegian arranged Ceasefire Agreement (CFA), too, failed to halt forced child recruitment.

The Darusman report that accused the military of killing over 40,000 civilians during the last phase of the war revealed that the LTTE tried to recruit children as it was about to collapse.

The TNA, or any other like-minded group here or abroad, never urged the LTTE to give up civilian shields and stop recruiting children, though they realised Prabhakaran could no longer change the outcome of the war. Norway, and those who still believed in a negotiated ‘settlement’ in a bid to prevent the annihilation of the group, desperately tried to convince Prabhakaran to give up civilian shields.

A note, dated February 16, 2009, sent to Basil Rajapaksa, by Norwegian Ambassador Tore Hattrem, expressed concern over the fate of those who had been trapped in the Vanni east. Hattrem’s note to Basil Rajapaksa revealed Norway’s serious concern over the LTTE’s refusal to release the civilians.

The following is the Norwegian note, headlined ‘Offer/Proposal to the LTTE’, personally signed by Ambassador Hattrem: “I refer to our telephone conversation today. The proposal to the LTTE on how to release the civilian population, now trapped in the LTTE controlled area, has been transmitted to the LTTE through several channels. So far, there has been, regrettably, no response from the LTTE and it doesn’t seem to be likely that the LTTE will agree with this in the near future.”

In the aftermath of the Anandapuram debacle in the first week of April, 2009, the LTTE lost its fighting capacity to a large extent. The loss of over 600 cadres marked the collapse of the organisation’s conventional fighting capacity.

The LTTE sought an arrangement in which it could retain its remaining weapons and start rebuilding the group again. President Rajapaksa emphasised that only an unconditional surrender could save the group’s remaining cadre. The President refused to recognise an area under the LTTE’s control. The CFA, signed by Wickremesinghe and Prabhakaran, in February, 2002, recognised a vast area under the LTTE control. The CFA gave unparalleled recognition to the terrorist group and that was exploited by them to the hilt.

NPP’s dilemma

During his controversial May Day address this year, President Anura Kumara Dissanayake declared that only the armed forces and police could carry arms. Dissanayake warned that no one else could retain weapons.

President Dissanayake’s declaration is of pivotal importance as the armed forces and police twice crushed JVP-led insurgencies, in 1971 and 1987-1990. Dissanayake is the leader of the JVP and the NPP, two political parties recognised by the Election Commission.

Dissanayake, who is also the Minister of Defence and Commander-in-Chief of the armed forces, caused controversy last year when the government announced that the President wouldn’t attend the 16th annual war heroes’ commemoration ceremony at War Heroes’ Memorial, in Sri Jayawardenepura Kotte.

That announcement triggered massive backlash. The government rescinded its earlier decision. Having received an unprecedented endorsement from the northern and eastern electorates, both at presidential and parliamentary polls in September and November, 2024, respectively, President Dissanayake seemed to have been somewhat reluctant to join the national celebration.

Yahapalana leaders President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe succumbed to Tamil Diaspora and Western pressures to do away with the 2016 annual armed forces Victory Day parade. That treacherous move followed them betraying the war-winning armed forces at the Geneva-based United Nations Human Rights Council (UNHRC) in October, 2015.

They co-sponsored accountability resolution, introduced by the US in terms of an understanding with the LTTE’s sidekick. Sirisena and Wickremesinghe forgot that the TNA recognised the LTTE as the sole representative of the Tamil speaking people, in 2001, thereby setting the stage for Eelam War IV. Sampanthan’s outfit, the Illankai Thamil Arasu Kadchi (ITAK)-led TNA, showed its true colours when it joined the UNP-JVP led initiative to defeat Mahinda Rajapaksa. Having accused the war-winning Army Commander, Sarath Fonseka, of unpardonable war crimes, the TNA, along with the UNP-JVP combine, backed Fonseka at the 2010 presidential election. The South rejected Fonseka and he lost the race by a staggering 1.8 mn votes which late JVP leader Somawansa Amarasinghe foolishly called a computer ‘jilmart’, a newly coined word of our fake Marxists. Fonseka’s indefensible declaration, in the run-up to the 2010 presidential election that the celebrated 58 Division executed surrendered LTTE cadres, didn’t do him any good. President Rajapaksa never explained why the US’ unofficial contradiction of Fonseka’s claim was never used cleverly to counter unsubstantiated war crimes allegations, along with Lord Naseby disclosures made in October, 2017.

Sri Lanka’s failure to properly defend the armed forces is nothing but an insult to them. They saved the country from the JVP twice, and Indian trained over half a dozen terrorist groups, finally bringing the largest and the deadliest of them, the LTTE, down to its knees, on the banks of the Nanthikadal lagoon.

The armed forces shouldn’t hesitate to remember their glorious victory over terrorism. Since the change of government in September, 2024, the armed forces refrained from at least mentioning their battlefield achievements. At the last Independence Day, the armed forces shockingly mentioned their role in the Ditwah cyclone recovery efforts as their main achievement, to please the political masters, who themselves have been lackeys of the West, while outwardly professing to be Marxists, the latter line they have already conveniently dropped for all purposes. The armed forces shouldn’t play NPP politics but explain the situation to the current dispensation. The failure on the part of armed forces to erase their proud achievements against terrorism, out of their press releases/narratives, look rather stupid.

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Midweek Review

A Novel, a Movie and a Play

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Drawing a Thread through Loss and Creativity in Shakespeare’s Life

William Shakespeare [1556-1616] is generally regarded as the greatest playwright and poet in the English language. Notwithstanding the universal appeal and the timelessness of his work, very little is known about his inner-self. Despite his profound understanding of the human condition, evident in his remarkable works of drama and poetry, the origin of his psychological insights – formed long before formal theories of the mind emerged – remain unknown, often loosely ascribed to an innate gift. The thematic and philosophical dimensions of his work are often said to be influenced by the classics of the ‘ancient world’ such as Ovid’s Metamorphosis.

The bestselling novel, Hamnet, by Maggie O’Farrell is a confluence of fact and fiction. The award-winning movie, by the same name, is an adaptation of the novel, its screenplay co-written by Maggie O’Farrell and Chloe Zhao, the director. The central theme of the novel and the movie is the devastating impact of the death of Shakespeare’s son, Hamnet, in 1596, at an early age of eleven, and the sensitive portrayal of the grieving process of the family, inviting the audience to reflect on the proposition that Shakespeare channelled his personal grief into writing Hamlet, the play, four years later.

Mourning and melancholy take centre stage in Hamlet prompting a probable link between William Shakespeare’s own emotional world and his artistic imagination. Interestingly, the names Hamnet and Hamlet were used interchangeably during the Elizabethan era, adding weight to the speculation.

The movie matches the imaginative and descriptive brilliance of the novel. The narrative unfolds against the backdrop of Stratford-upon-Avon and its environs and its inhabitants of Elizabethan England, finally shifting to London and the Globe Theatre. The film won eight nominations at the 98th Academy Awards, including best picture, best director for Zhao, and best actress for Jessie Buckley, who immortalises Anne Hathaway, [‘Agnes’] Shakespeare’s wife, through whom the real face of family grief is portrayed. Shakespeare [nameless] remains ‘silent’ and virtually ‘back-stage’ in London preoccupied with the playhouse, the players and the plays.

Many Shakespeare scholars have speculated about a probable link between the death of Hamnet Shakespeare and the writing of Hamlet, his Magnum Opus:

“No one can say for certain how the death of Shakespeare’s son affected him, but it is hard not to notice that in the years following Hamnet’s death Shakespeare wrote a play obsessed with fathers and sons, grief, and the persistence of the dead.” [James Shapiro]

“Hamnet’s death must have been a devastating blow…..and the shadow of that loss may well lie behind the profound meditations on mortality in Hamlet.” [Park Honan]

“The death of Hamnet is the most plausible personal event to have touched Shakespeare deeply in these years, and it is tempting to hear an echo of that loss in the grief that permeates Hamlet.” [Germaine Greer]

That echo is clearly heard in Act 4, scene 5 in Hamlet:

He is dead and gone, lady,

He is dead and gone;

At his head a grass-green turf,

At his heels a stone.

Yet, in the play, a son loses his father, and the circumstance of the loss is different. Hamlet mourns the sudden death of his father, king Hamlet, he idolised. The young prince is faced with a complex emotional challenge as the late king’s brother, Claudius, usurper to the throne, marries the widowed queen, denying the young prince of his lawful right to sovereignty. The process of mourning is weighed down by the profound significance of the personal loss to the prince and being bereft of any trusting relationships to share his grief – mourning turning to melancholy.

Shakespeare’s greatest tragedy, Hamlet, has gained unremitting interest of audiences, universally over four hundred years, and has been open to divergent appraisal. Any commentary on the play without an exploration of the psyche of its protagonist, prince Hamlet, would be as the popular cliché goes, ‘like Hamlet without the prince of Denmark!’ Hamlet is the longest of all Shakespearean plays, with the least amount of action, but with the most amount of spoken word, mainly by prince Hamlet, which includes his soliloquies [solo locution: self-discourse] that opens the door to his inner self, inviting in by Hamlet himself: “pluck out the heart of my mystery”.

In the first of his soliloquies, Hamlet reveals his affliction with melancholy. He describes the world as worthless, wishes he is dead, contemplates suicide but regrets that God does not sanction such self-destruction. “O, that this too too solid flesh would melt/ Thaw and resolve itself into dew/ O, that the Everlasting had not fixed/ His cannon ‘gainst self-slaughter. O, God, God/ Seem to me all the uses of this world!’

Hamlet’s anguish is expressed as: ‘This goodly frame, the earth’ is no more than a ‘Sterile promontory’; ‘this majestical roof fretted with golden fire’; the heavens, ‘a foul and pestilent congregation of vapours’; and man, ‘the paragon of animals’, a quintessence of dust’, his mind ‘an unweeded garden/ That grows to seed.’ – Hamlet’s melancholic thought with depressive and nihilistic content expressed in philosophical terms.

But his anguish is best depicted in his fourth soliloquy [Act 3, Scene1] arguably, the most quoted piece of verse in all Shakespeare: ‘To be, or not to be’ – about life and death. He questions, ‘whether ‘tis nobler in the mind to suffer/ The slings and arrows of outrageous fortune/ Or take arms against a sea of troubles/ and by opposing, end them’. What happens after death? Is it a peaceful sleep or nightmare? Do we end our miseries by putting ourselves to the ‘quietus’ with a dagger, and enter that ‘undiscovered country’ from which ‘no traveller returns’, or put up with our problems? ‘Conscience makes cowards of us all’ and make us procrastinate.

In his soliloquies Hamlet reveals his affliction with melancholy. He wishes that his body would melt away, describes the world as worthless and contemplates suicide – negative cognitions about the self, the environment and the future, characteristic of severe mood disturbance – but regrets that God does not sanction such self-destruction.

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Grief is a universal human experience following loss, characterised by sadness, at times mixed with anger and guilt, and frequently transient in nature. Depending on the perceived significance [‘meaningfulness’] of the loss and the absence of a sharing or confiding relationship, grief may become prolonged, with a potential to become pathological.

In a seminal paper published in 1917, Sigmund Freud [1856 – 1939], argued that there are two different responses to loss – ‘Mourning and Melancholia’. His contribution remains the basis for understanding unconscious grief in psychoanalytic thought.

Freud describes mourning as a natural way to respond to losing something or someone significant. It is a transitory process, potentially transforming, albeit painful. In mourning the loss of a loved one, the bereaved gradually withdraws the emotional energy – ‘libido’ – from ‘the lost object’, and the emotional investment is redirected to an ‘alternate object’ or pursuit. Throughout this process the ‘self’ remains intact, allowing the person to heal by integrating the loss into life. In psychology, this process in which a person unconsciously redirects unacceptable or distressing impulses into socially acceptable or constructive activities is called sublimation – a concept introduced by Sigmund Freud and later developed further by his daughter Anna Freud. Instead of expressing the impulse directly, the energy behind it is transformed into something positive or productive – an ‘ego defence’.

On the other hand, Freud described melancholia as a persistent state that stays within the ‘unconscious’ – the repressed aspect of the mind, while the person feels trapped in unresolved emotions which jeopardises their mental and physical well-being.

Shakespeare lost a child, the only son, Hamnet, still in his formative years. The playwright had no option but to leave his family in his birthplace of Stratford-upon-Avon, and return to London after burying his son to continue his work at the playhouse. The significance of the loss to the father would, no doubt, have been profound, as the Greek historian Herodotus fittingly proclaimed, “No one that has lost a child knows what it is to lose a child”.

In the novel, and as depicted in the movie, Agnes [Anne Hathaway] travels to London to meet her husband. Unknown to him she stands with the audience at the Globe Theatre to watch Hamlet, the play, while Shakespeare remains backstage. As O’Farrell poignantly writes in her novel, “Hamlet, here on this stage, is two people, the young man alive, and the father dead. He is both alive and dead. Her husband [Shakespeare] has brought him back to life, in the only way he can”. “She stretches out a hand as if to acknowledge them, as if to feel the air between the three of them, as if to pierce the boundary between audience and players, between real life and play”.

Many literary scholars speculate that Shakespeare in mourning gave voice to his grief through Hamlet, the play’s introspective protagonist, who takes to the stage with melancholic expression. There are others who dispute this view, arguing that Hamlet is a product of his creative genius that transcends any autobiographical explanation. While Hamnet, the novel, and its film adaptation do not assert a direct historical link, they suggest an association between the playwright’s personal loss and his artistic creation. The notion that Shakespeare sublimated his grief into creating the iconic stage work remains suggestive, yet unprovable, but reveals an important ‘therapeutic strategy’ [sublimation] in dealing with loss. Nevertheless, through Hamlet, he gives enduring expression to a universal human condition – grief – that resonates across time.

Moreover, from an aesthetic point of view, a work of art can truly be called Art – whether encountered on the page, the screen, or the stage – when it invites reflection or evokes emotion. The thread that runs through the novel, the movie and the play tend to reinforce that notion.

By Dr. Siri Galhenage, Psychiatrist [Retd]
sirigalhenage@gmail.com

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Midweek Review

The Dignity of the Female Head

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You’ve been at it these long hours,

Sweeping the sidewalks of the big city,

And scrubbing floors of public toilets,

All the while wiping the sweat off your brow,

And waiting eagerly for departure time,

To get to your comfy nest in the teeming slum,

And see the eyes of your waiting kids,

Light up with love at your sight,

Their hands searching you for sweets,

And such moments of family joy,

Are for you and other women of dignity,

What is seriously meant by Liberation,

But this is lost on grandstanding rulers,

Who know not the spirit of shared living,

Nor the difference between a home and a house.

By Lynn Ockersz

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