Features
AKD’s Speech on Rule of Law: Merits and Demerits?
by Dr Laksiri Fernando
Anura Kumara Dissanayake’s (AKD) speech as the Leader of the National People’s Power (NPP) at the National Convention organised by the Retired Police Officers Collective on 9 June 2024 is quite promising in terms of establishing or reestablishing rule of law in the country. They have been talking about a ‘system change’ now for some time, and various independent critics and observers were asking the details of this promise, without merely depending on the slogan.
I was fortunate to listen to this speech online and live, through Horawa News, and one weakness or wrong that I immediately observed was its leading phrase ‘Malimawa shows its police power.’ I have no idea about who runs the Horawa but that was not what AKD was quite obviously advocating. “Power’ is not a good word to use in democracy, worst still is the ‘police power.’
State of the State
After an introduction, AKD ventured to explain the ‘state of the State,’ particularly during the last two three years, characterising it as a failed state with inability to pay back loans, to supply necessary medicine to hospitals, and failing to give children a proper education, and when they grow up, proper employment. He strongly characterised the State as in the grips of crooks and criminals (dushithayan saha aparadakaruwan), and the whole society being affected by this situation. He said, “this must be changed, and this to be changed like in all other changes. Sri Lanka should be a State based on rule of law.” Thereafter his speech focused, in detail, on the questions of rule of law. There were several principles that he enunciated.
First, equality before the law. All citizens in the country should be equal before the law. All citizens in the country should be able to go before the law against any discrimination by the implementation of law. He asked, “are we all equal before the law? No. Rich people have one law, and people who have political power have another law. At present, the Department of Police, the Attorney General’s Department and even the Judiciary have become a laughing stock. Let me ask you a question that I have asked once before. “
“Who knew best that Diana Gamage didn’t have citizenship? First, Diana. She knew that she came to the country on a tourist visa and even that visa had expired. Knowing all that, she came to Parliament. Knowing that, she also acted as a state minister. How did she do that? She knew that because of her political power that the law would not apply to her. An ordinary person even will not ride a bicycle without a license. Where is our law?”
“The second person who knew well was Ranil. But he protected her. This type of country cannot go forward. We need a state system which is entirely based on rule of law. I will give you an assurance. I personally or our movement do not have any financial fraudsters or criminals to protect. No underworld, no drug dealers, no rapists, no financial fraudsters, and no criminals to protect. If the existing powers given to the police to curtail these crimes are not enough, under our government, we will create circumstances to strengthen the police.”
Political Interference
AKD outlined some of the crimes and murders which were investigated, and the perpetrators were properly punished within the system. Those included the murder of the Manager of Noori Estate, Hokandara family killing, Killing of Sarath Ambepitiya, etc.
On the other hand, he emphasised the cases like Lasantha Wickrematunge, Eknaligoda murder, assault of journalists like Keith Noyar, Poddalla Jayantha and others that dragged on without a conclusion. Why? His correct answer was political interference. He praised the police but emphasised political interferences that hamper their tasks.
One of the aspects that he neglected was the ethnic bias in criminal investigations and other police matters. Will this be addressed by the NPP? That is my question. For example, I have known J. S. Tissanayagam as a student at Peradeniya who later became a prominent Tamil Journalist. He was abducted, beaten up and charged under the Prevention of Terrorism Act. There are so many similar cases that were neglected by AKD, and I hope he will rectify his neglect in the coming future. I also failed to identify any Tamil participation in the crowd.
AKD was correct in emphasising that the police have a major role in maintaining stability in society. “If there were no police, no one would be able to pass the Borella junction peacefully” he said. He emphasised correctly, that these premises were established after a long struggle in building up rule of law in society internationally. “These were not there in tribal societies,’ he pointed out. “The leader of the tribe (Rehe nayakeya) did all together,” he said. ‘It was through struggles that separation of powers was established between Parliament to legislate, elected Presidents to execute, and the Judiciary to rule on justice,’ he continued.
“What we can see today is a tendency to go back to tribal society. We need a civilised society. Especially the department of police, criminal investigation and the attorney genera’s department should work independently, efficiently and correctly. It is our task under an NPP government to create these civilised conditions. Today the police department is in a mess due to political interferences.” He gave examples.
“Do we have a proper procedure in recruiting and promoting police officers? No. I know that there are some officers who are constables at recruitment, and also when they retire. We will establish a proper procedure in recruitment and promotions. At present, when change of governments occur, the police officers are punished or promoted. The main task of the police officers is people’s security. However, what they are supposed to do today is patrician (prabhu) security.” He mentioned that he has been an MP since the year 2000 and never sought any police security. He emotionally mentioned the difficulties that police security undergoes with so many difficulties.
Vision for Future?
“Under our government, people’s security is the primary task of the police, and not politician or patrician security. During the last 24 years as an MP, I have never called the police for any assistance. But this is not the case with other MPs. However, I have to say that to eliminate criminals and fraudsters, we will give the police the necessary leadership and encouragement. Today, the MPs consider the police as their servants. I have heard some saying ‘my OIC’ (mage OIC). This is not our attitude. We will preserve the dignity of police officers. They are well trained and educated. They should not be the tools of politicians. Their task is to punish criminality, present and past. There are people who believe their past offenses will be forgotten. But we will not forget.” AKD related a story.
“During the election campaign in 1994, Chandrika Kumaratunga accused the UNP stealing people’s money and property under their government. Vijayapala Mendis has obtained 75 acres of coconut land for two rupees per acre, altogether for Rs. 150. She promised that these crooks would be brought to the Galle Face Green and would be ‘skinned’. People rejoiced and clapped. However, within 7 years, the same Vijayapala Mendis became a Minister in Chandrika’s Cabinet. There are so many examples like that. Perhaps she had forgotten and even the people had forgotten. Ranil Wickremasinghe who accused [Gotabaya Rajapaksa] as the ‘Mastermind of the Easter Sunday attack’ also became the President based on the same Gotabaya mandate.”
There were several other points connected with the above that AKD ventured into taking about 20 more minutes. All are worth reflecting on and even in my case I have not heard them before from politicians. One of his newest arguments was to consider the rule of law, law and order, and equality before the law as the necessary basis of economic development. However, given the necessary word limitations for this article those may be discussed in a future occasion.
Features
Trump’s tariffs, AKD’s gazette and Sri Lanka’s diplomatic slumber
“We are rather respectable in Colombo. We go to bed fairly early, and we remain there till morning. “
According to Sri Lanka’s diplomatic folklore, the late S.W. R. D. Bandaranaike uttered these words while explaining the reasons for Sri Lanka’s abstention on the UN resolution condemning the Soviet invasion of Hungary. Apparently, SWRD’s foreign ministry officials were asleep at home when the diplomatic cable seeking instructions was received from New York. In those days, there were no cell phones, Internet, or even fax or telex machines. The diplomatic cables were sent through post offices. Decoding them was a slow and time-consuming process. Thus, the government could not provide appropriate instructions to our mission in New York in time, and the Sri Lankan delegation abstained on that sensitive UN vote.
Sri Lanka’s Absence from Section 301 Consultations
But then, how does one explain Sri Lanka’s absence from the crucial bilateral consultation held in Washington by the Office of the United States Trade Representative (USTR) during March-April on “Forced Labour” under the Section 301 of the US Trade Act of 1974? Didn’t our foreign and trade ministries send appropriate instructions to Washington in time? Even if the instructions from the foreign ministry were transmitted to our embassy in Washington by pigeon carriers, there was enough time for Sri Lanka to participate in those meetings.
In March, the USTR initiated these 301 investigations on 60 trading partners, and invited all of them for confidential consultations. Out of the 60, 46 participated in these consultations. Sri Lanka was not one of them. Other countries that didn’t participate in these consultations included China, Russia, and Venezuela! In addition to that, the Section 301 Committee conducted a public hearing with interested parties on April 28 and 29. Washington-based diplomats, representatives from few trade ministries as well as representatives from many foreign trade associations and chambers participated in these hearings. Sri Lanka was once again conspicuously absent.
As a result, when the USTR published the proposed forced labour tariffs on June 2nd, Sri Lanka ended up with a 12.5% duty. Pakistani and Indonesian diplomats participated in these consultations and took appropriate follow-up measures, and managed to enter the 10% duty category. As even a threat of a modest tariff hike could disrupt supply chains and reduce competitiveness, particularly in an industry such as garments, I discussed this issue on 15 June and underscored the importance of Sri Lanka’s participation at the next hearing, which was scheduled to be held from July 7th .
Awakening from Diplomatic Slumber and AKD’s Gazette
Fortunately, Sri Lanka finally awoke from weeks of diplomatic slumber, and Ambassador Mahinda Samarasinghe participated in the public hearing on 9 July, and promised, “…. · We have agreed to the text in our negotiations with the USTR on forced labour, …. The gazette as we speak is being printed and I’m getting the gazette tomorrow morning, and the gazette will be shared with USTR as I get it“.
As promised, President Anura Kumara Dissanayake issued a gazette on 10 July banning the imports of goods produced by forced labour. These new regulations are very similar to what Pakistan and Indonesia enacted in April, after their consultations with USTR in March. Why couldn’t we do it in April? Why did we wait till the very last minute?
Challenges ahead
“War is too important to be left to generals alone,” is a famous saying attributed to former French Premier Georges Clemenceau. Similarly, monitoring our main markets is too important to be left to diplomats alone. The United States is the largest single-country market for Sri Lanka. Therefore, Sri Lankan trade chambers and associations should become more proactive in these markets and participate in these events. For example, the chairman of the Pakistani apparel exporters association participated in the April hearings. Similarly, representatives from the Indian Agricultural and Processed Food Products Export Development Authority, the Federation of Indian Chambers of Commerce and Industry, the Confederation of Indian Industry, and Reliance Industries also participated in July hearings. At an event where each speaker is given only five minutes (strictly enforced), having a number of speakers from a country is an advantage. The presence of industry representatives in these kinds of events also help them understand the market dynamics and the future challenges. This is important, particularly because there will be many more challenges with Trump’s tariffs.
With the gazette issued on 10 July, Sri Lanka has imposed a prohibition on the importation of goods produced with forced labour. Now, the challenge will be to effectively enforce the prohibition. And what are the goods produced with forced labour? The USTR list only focuses on aluminum, cotton, electronics, lithium-ion batteries, rice, and tobacco. However, according to the U.S. Department of Labour, the list is much longer. Hence, this list may change continuously during the next two years and tariffs may fluctuate once again.
So, this is definitely not the time to slumber.
(The writer, a retired public servant, can be reached at senadhiragomi@gmail.com)
by Gomi Senadhira ✍️
Features
Tales of Mystery and Suspense 10 Casino for Sale
After the overwhelming grotesquerie of J K Rowling’s latest Cormoran Strike novel (written, I should have noted, as the others were, under the pseudonym Robert Galbraith), I thought I should return to the world of fun, and also a much shorter description since this thriller moves quickly without the layers of detail that Rowling engages in.
I then move to the second comic thriller by Caryl Brahms and S J Simon. This, their second story to feature Vladimir Stroganoff and Adam Quill, was Casino for Sale, as lunatic a romp as the first, though without the emphasis on the ballet that characterized A Bullet in the Ballet.
This one begins with the impresario Stroganoff buying a casino cheap from Baron Sam de Rabinovich, only to find that it was a rundown place, not the grand casino of La Bazouche, a resort on the Frenc+h Riviera, as he had initially thought. The grand one belonged to Lord Buttonhooke, and Stroganoff could not compete, until he thought of bringing the Ballet Stroganoff to the casino – which of course leads to Buttonhooke deciding to have ballet performances in his Casino too.
Stroganoff invites Quill to visit him, which Quill decides to do since he has left Scotland Yard, having come into a legacy. No one believes this, and he has to face questions as to what he did to have been sacked, with sympathy for having been found out.
The day he arrives in La Bazouche there is a murder, of a vitriolic critic called Citrolo, in Stroganoff’s office. He had been going to write a damning review of the opening night of the ballet and Stroganoff, when he realizes Citrolo cannot be swayed, drugs him and dictates the review himself to the papers. He leaves Citrolo sleeping and finds him shot the next morning, whereupon he decides to muddy the waters and leave a suicide note and lots of other murder weapons. So much overkill, as it were, of course ensures that he is arrested.
But the excitable French detective who makes the arrest follows up his suggestion that Buttonhooke was also involved, and so the two casino owners find themselves in cells next door to each other, with the detective Gustave quite happy to provide creature comforts for a fee.
Quill decides he must investigate, and finds Gustave most cooperative, since he has a laid back attitude to work. So it is Quill that finds a notebook which makes it clear Citrolo is an accomplished blackmailer, and that there are lots of possible murderers, including Stroganoff’s croupier, who was crooked, Rabinovich, who was now working for Buttonhooke, a confidence trickster called Kurt Kukumber, whose prospectus for a dud gold mine was found in the office and Prince Alexis Artishok who was engaged in a deal to buy diamonds from the ballerina Dyra Dyrakova.
Stroganoff had been trying to get Dyrakova to dance for him, but having done so previously she had refused. But then to Stroganoff’s chagrin she agreed to dance for Buttonhooke. The clearly crooked Artishok had told Buttonhooke’s mistress Sadie Souse, who was not very bright, that Dyrakova possessed diamonds she was willing to sell cheap, and Sadie was determined to have them.
Quill meanwhile finds out that there was a secret passage to Stroganoff’s office, the obvious solution to what had begun as a locked room mystery, and that this was known by almost everyone apart from Stroganoff himself. And then Rabinovich is murdered, just after Gustave had released his two original suspects, leading him to blame Quill for having insisted on that and thus allowing them to kill again.
Soon afterwards Dyrakova arrives, and the town is full of posters announcing that she will appear in the casinos, elaborate posters for either one, since Stroganoff is determined that she will dance for him, and if she does not come willingly, he has devised a scheme to make her do so unwillingly. So, though Buttonhooke has her taken off to his yacht immediately she arrives at the station, Quill along with Arenskaya gets her into a launch and to Stroganoff’s casino, where she performs to tumultuous applause, not knowing for whom she is dancing.
When Quill asked her about the diamonds, she said she had sold them long ago, and that gave Quill the solution to the mystery. Rabinovich had known about this, and Artishok had killed him to prevent Sadie learning it from him, he had killed Citrolo who had recognized him for an accomplished card sharper, not a Russian prince at all. But before he is arrested, he gets away in a boat, and the police launch that pursues him is on the point of catching him up when it runs out of petrol.
Again, lots of excitement, and entertaining references – Gustave grows marrows – and if not quite as brilliant as its predecessor, Casino was certainly a delightful read.
Features
The challenge of being positive about SAARC
It was a few years back that a former President of Sri Lanka took it on himself to pronounce SAARC ‘dead’. Since then there have been other sections of Sri Lankan opinion that have joined the critics of SAARC and taken the solemn stance that SAARC has indeed died what may be called a natural death.
Their fatalism is understandable. SAARC has failed to meet at heads of government or state level for the past several years to take the SAARC process notably forward. Regional cooperation has more or less been only an appealing idea. No substantive concrete projects have taken off to make the idea a hard reality. ‘Inner paralysis’ seems to be SAARC’s lot. Hence the fatalism in these circles.
However, being one of the worst cash-strapped regions of the world and a teemingly populated one with people virtually left to their devices, what choices do the ‘SAARC Eight’ have other than to try their best to band together and continue with their cooperation efforts, however small they may be?
There is no escaping the mounting debt trap for many of these countries and bankrupt Sri Lanka is a glaring example, but ‘throwing in the towel’ and abandoning themselves entirely to the diktats of the strongest economies and their agencies will prove a ‘living death’ for many countries in the SAARC fold.
The gains may be meagre but giving-up on SAARC cooperation in full would prove self-defeating for the organization and South Asia. Right now, the collective intention ought to be to salvage what the region could from the tenuous cooperative efforts. Moreover, such initiatives could go some distance to generate a degree of goodwill among the Eight and help in sustaining a dialogue process.
Given this backdrop it proved ‘a stich in time’ for the Regional Centre for Strategic Studies (RCSS), Colombo, to recently host the SAARC Secretary General Ambassador Md. Golam Sarwar to a round table discussion on the unifying potential of SAARC and its future possibilities, besides other related issue areas.
Held on June 24th and moderated by RCSS Executive Director and former ambassador Ravinatha Aryasinha, the forum brought together a vibrant, wide ranging audience comprising academicians, diplomats, senior public servants, civil society activists and many others. Following the presentation by Ambassador Golam Sarwar titled, ‘Reigniting SAARC: Achievements, Challenges and the Way Ahead’, a lively Q&A followed.
The above forum could be described as an act of lighting the proverbial ‘candle’ rather than ‘cursing the darkness.’ It surely is a ‘darkness’ that could be seen as daunting considering that the region’s pivotal powers, India and Pakistan, are failing to act in a spirit of accord but are engaged in bitter finger-pointing on a number of questions of vital importance to SAARC.
On the other hand, what is the rest of the region doing to bring the above sides together? It is disappointing that to date the rest of SAARC has failed to launch a major diplomatic drive to bring peace between the feuding regional heavyweights. It needs to act without delay and establish its earnestness and this effort would need to prove SAARC’s staying power in the unfolding months and even years.
In assessing SAARC’s seeming failure local opinion in particular has failed to factor in what could be described as weak leadership. Since Sheikh Mujibur Rahman of Bangladesh, the founding father of SAARC, the region has failed to produce a visionary leader who could advance the SAARC cause with charisma and drive.
Among other reasons, weak leadership accounts considerably for the faltering and stuttering status, as it were, of SAARC. Badly needed are leaders who could go the extra mile, think less of narrow national interests and work diligently towards the collective well being of the region but SAARC’s millions of ordinary people have been made to wait in vain for leaders of such stature. Instead, they have been burdened with politicians who seem to be relishing the apparently moribund state of SAARC.
Looking back, it could be said that it was the dynamic leadership factor that led to the launching of the Non-Aligned Movement and for its sustenance for a few decades. True, it could be seen in some quarters that NAM is no more, but as in the case of SAARC, the former too has been unfortunate to be burdened over the years with politicians who lack the vision and drive to unflaggingly advance the fortunes of the South. NAM and SAARC lack the dynamism and vision of leaders of the stature of Jawaharlal Nehru, for example, to give them the required guidance and intellectual depth.
The reasons are complex for there not being among us currently political leaders with the vision and the steadfast commitment to advance the legitimate interests of the South. However, it could be stated with conviction that the majority of Southern leaders have too easily caved in to the demands of the global North and its financial agencies.
These leaders have failed to see, for instance, that the largely market economy oriented Northern governments would not view with favour a centrist economic model that attaches priority to the interests of the dis-empowered publics of the South. This realization ought to have dawned on the current government in Sri Lanka, for instance, some while ago but it has no choice but to abide by IMF dictates since economic survival at present is unthinkable without the latter’s succour.
Accordingly for SAARC this should be the time for some soul-searching. Priority needs to be attached to ending the feuding between India and Pakistan since at present the material fortunes of the region hinge largely on these regional giants giving peaceful relations among them a try. This is no easy challenge to meet but some daring, visionary diplomacy needs to take hold among the rest of SAARC.
There is some sense in SAARC bringing the peoples of the region together through programs that address their best collective interests. A meeting of minds among SAARC nations could enable SAARC and its agencies to build a region-wide people’s movement for progressive political and economic change that could in turn lead to the region’s political leaders sensitizing themselves more to the neglected needs of their publics.
However, the time is ‘now’ for the initiation of these progressive changes and the voice of SAARC well wishers would need to drown out those of their critics.
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