Midweek Review
Corruption: The House in a bind
In the absence of a proper ‘mechanism’ to tackle the massive waste, corruption, irregularities and mismanagement, disclosed by the parliamentary watchdog committees, COPE, COPA and COPF, they are quietly suppressed. In spite of repeated assurances given by the Parliament, tangible measures hadn’t been taken, so far, to ensure legal measures against those responsible. Therefore, the Parliament cannot absolve itself of the responsibility for the current crisis caused by a toxic combination of reckless decision-making, waste, corruption, irregularities and mismanagement.
By Shamindra Ferdinando
Justice, Prisons Affairs and Constitutional Reforms Minister Dr. Wijeyadasa Rajapakse, PC, recently declared that the major allegation directed at lawmakers, was corruption, Minister Rajapakse recalled how he was removed from the post of Chairman of the Committee on Public Enterprises (COPE) during Mahinda Rajapaksa’s first term (2005-2010) as the President, after the outfit disclosed allegations, pertaining to misappropriation of as much as Rs 300 bn in public funds.
Minister Rajapakse said so at the OPA’s (Organisation of Professional Associations) 2022 awards ceremony held at the Cinnamon Lakeside on August 16. Addressing the gathering, after President Ranil Wickremesinghe and Speaker Mahinda Yapa Abeywadena, the one-time President of the Bar Association of Sri Lanka (BASL) said that the Cabinet-of-Ministers has approved a new Bill meant to tackle corruption and fraud. The project has received the support of retired Senior Additional Solicitor General Sarath Jayamanne, PC, lawmaker Rajapakse said, while disclosing the proposed law would deal with asset declarations of lawmakers. Let us hope that the new law, once enacted, will lead to examine among other things the scandalous refusal by Parliament to release the list of its members who have filed their declarations of assets and liabilities, from 2010-2018, in answer to an appeal filed by a journalist Chamara Sampath. The Parliament declined to release the required information in spite of the Right to Information Commission asserting that such information is not protected by parliamentary privilege.
PC Jayamanne, who retired in January last year, was also present on the occasion. Having received the appointment as Director General of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) in Nov 2016, Jayamanne served in that post till late January 2020. Obviously, Jayamanne hadn’t been acceptable to the Gotabaya Rajapaksa administration. The Rajapaksa administration turned the CIABOC and the Attorney General’s Department upside down. The dismissal of so many cases, filed during Jayamanne’s tenure as the DG, CIABOC and incumbent Chief Justice Jayantha Jayasuriya, PC, in his capacity as the AG, since the last presidential election, is an issue that should be addressed by President Wickremesinghe’s government.
There were obvious shortcomings in those filings, like failure to obtain signatures of all bribery commissioners to sign up on those indictments.
The soft spoken senior AG’s Department officer replaced DG, CIABOC, Dilrukshi Dias Wickramasinghe after the then President Maithripala Sirisena publicly rapped her over the handling of bribery and corruption cases, particularly the high profile AGMS (Avant Garde Maritime Services) investigation.
Actually, the yahapalana government suffered irreparable damage, in late 2015, when its law and order Minister Tilak Marapana, PC, resigned after having defended the AGMS. Dr. Rajapakse, too, strongly defended the ex- Army Commando Officer Maj. Nissanka Senadhipathy’s enterprise.
Minister Rajapakse gave the assurance on a new law to tackle corruption and fraud in the wake, President Wickremesinghe addressing the contentious issue at the inauguration of the third session of the 9th Parliament.
The Presidential Media Division (PMD) in a statement issued in Sinhala, quoted Minister Rajapakse as having asserted that the ‘Aragalaya’, (public protest movement) had been caused by yahapalanaya sans transparency.
The moves to introduce a new Bill, against corruption and fraud, should be examined taking into consideration a controversial Cabinet proposal to pay compensation to 27 persons who held senior administrative posts and other positions during the Mahinda Rajapaksa presidency. They have been offered compensation to the tune of nearly Rs 120 mn whereas appeals made by 11 others were rejected.
The compensation has been awarded by a committee, headed by former Chief Justice Asoka de Silva. Other members of the committee, appointed by the then President Gotabaya Rajapaksa, are former Court of Appeal Judge Sunil Rajapaksa, President’s Counsel V.K. Choksy, former Auditor General S. Swarnajothi (resigned on November 11, 2021 and succeeded by Chartered Accountant K.S. Chandrapala de Silva), and retired Accountant H.D. Weerasiri.
The ruling SLPP (Sri Lanka Podujana Peramuna) wants Prime Minister Dinesh Gunawardena to submit the Cabinet paper, in this regard, to the Cabinet of Ministers, headed by President Wickremesinghe. The case of those who had been allegedly victimized by a disputable process initiated by the then yahapalana Premier Wickremesinghe is likely to be presented to the Cabinet of Ministers, headed by Wickremesinghe himself. What would be the Justice Minister’s stand?
Shocking case of a Solicitor General
After Sri Lanka’s triumph over separatist Tamil terrorism, the then President Mahinda Rajapaksa vowed to eradicate corruption. But, just over a decade later, waste, corruption, irregularities and mismanagement, at every level of administration, has resulted in the country being declared bankrupt. The need to carefully examine the responsibility as well as the accountability on the part of the executive, the legislature and the judiciary cannot be ignored. The legislature should accept the major blame as public finance and enactment of new laws are its responsibility.
Let us discuss Solicitor General Dilrukshi Wickramasinghe’s dilemma—a case that never received sufficient media attention. Having lost the post of DG, CIABOC under controversial circumstances, Wickramasinghe returned to the AG’s Department where she maintained a low profile. The then Attorney General Dappula de Livera, PC, interdicted her on Sept. 25, 2019, following a leaked telephone conversation she had with Avant Garde proprietor Senadhipathi in her capacity as the DG, CIABOC. The conversation was leaked to the media on Sept. 20, 2019, immediately after the recording of the discussion, without her knowledge.
The highly embarrassing recorded telephone conversation, whether edited or not, with Avant Garde Chairman Nissanka Senadhipathy, in which she virtually admits how she had to abuse her position in that litigation. That aspect was never investigated.
In spite of her being cleared by the Administrative Appeals Tribunal (AAT), she was not allowed to return to the AG’s Department regardless of specific instructions issued in that regard. The ruling was given in respect of a case filed by Wickramasinghe against the Public Service Commission (PSC).
Wickramasinghe retired on July 30, 2021 after reaching the compulsory retirement age. The unparalleled ruling was given by a three-member AAT consisting of Justice N.E. Dissanayake, A. Gnanathasan, PC and G.P. Abeykeerthi. Justice Dissanayake functioned as the Chairman of the highest tribunal empowered to inquire into such an appeal.
Wickramasinghe appealed to the AAD on Oct 5, 2020. The AAT inquired into disciplinary authority exercised by the PSC in respect of the Solicitor General.
The original ruling that had been given on July 14, 2021 was amended on July 22 subsequent to the PSC seeking clarification of some matters which the AAT considered important. The AAT acknowledged that the issues that had been raised by the PSC weren’t taken into consideration at the time of the issuance of the July 14 ruling.
Attorney-at-law Riad Ameen and Assistant Secretary PSC Srinath Rubasinghe appeared for Wickramasinghe and the PSC, respectively.
The leaked telephone conversation in question was over the controversial case of the Avant Garde floating armoury that divided the previous government, with two ministers with excellent legal backgrounds striking discordant notes.
Dappula de Livera’s successor, Sanjay Rajaratnam, PC, hadn’t, however, allowed SG Wickramasinghe to resume work in spite of the original order nor the amendment ruling given on July 14 and July 22, respectively. A copy of the original order was delivered to the AG’s Office on the evening of July 14.
The AAT ordered (1) Immediate cancellation of PSC directive dated April 06, 2021 that placed SG on compulsory leave pending the completion of a formal inquiry (2) Rescinding of the PSC directive dated October 19, 2020 that sent the SG on compulsory leave to pave the way for her to resume duties (3) Retiring her on July 30, 2021 on her reaching the compulsory retirement age and (4) finalising the much-delayed formal inquiry into the SG’s conduct in terms of Public Administration Circular 30/2019 dated September 30, 2019, expeditiously.
But, the above-mentioned directives were not carried out. Therefore, Wickramasinghe had to retire on reaching the retirement age.
Having acknowledged that Wickramasinghe had found fault with the PSC for the undue delay in finalising the preliminary inquiry and reinstate her, the AAT asserted that the PSC failed to ‘exercise its discretion in a justifiable, reasonable and an objective manner.
The AAT pointed out that Senadhipathy trapped Wickramasinghe with the help of the then UNP Minister Vajira Abeywardena, who gave his phone to the Solicitor General, declaring that Senadhipathy was on line. According to the proceedings, Abeywardena received the call at a Colombo hotel while he was having dinner with Wickramasinghe and her husband. Abeywadena succeeded Ranil Wickremesinghe in Parliament as the only UNP National List MP.
The AAT questioned the failure on the part of those who conducted the preliminary inquiry to record Abeywardena’s statement or examine his phone. The AAT also noted that Senadhipathy spoke to Wickramasinghe through Abeywardena’s phone after Wickramasinghe strongly opposed the Minister’s move to invite the Avant Garde Chairman to have dinner with them at Abeywardena’s residence at Queen’s Road, Colombo 07.
The AAT stated that it had the power to take remedial measures in respect of decisions ‘tainted with error in law and fact’ taken by the PSC.
The AAT also pointed out that Wickramasinghe hadn’t initiated the call and from the outset she insisted that the recording was ‘doctored, edited and distorted.’ Proceedings revealed that AG de Livera had first listened to a tape recording that was edited at 10 places and Senadhipathy himself admitted having edited the recording but he never submitted the original to the Preliminary Investigation Committee. The AAT pointed out that the AG de Livera at the time he made a statement at the preliminary investigations based his assessment on what the AAT called an edited, distorted and unauthentic version of the recording.
Moves against Prof. Herath
Prof. Chritha Herath, former Chairman of the parliamentary watchdog, the committee on Public Enterprises has been quite conveniently dropped from the COPE. Rebel SLPP lawmaker Dullas Alahapperuma recently took up this case with Prime Minister Dinesh Gunawardena. This issue has been taken up along with the discarding of those who voted for him at the presidential contest on July 03. All of them have been dropped from ‘operating committees.’
Sri Lanka Audit Service Association (SLASA) recently requested President Wickremesinghe to re-appoint both Prof. Herath and Chairman of the Committee on Public Accounts (COPA) Prof. Tissa Vitharana. This request has been made on the basis of the performance of the COPE and COPA under the much appreciated leadership given by the two Professors.
However, in the wake of the break-up of the SLPP over differences over economic and political strategy, lawmakers Herath and Vitharana have ended up among the rebels. Prof. Herath switched his allegiance to the group spearheaded by SLPP Chairman Prof. G.L. Peiris and Dullas Alahapperuma, whereas Prof. Vitharana joined the other rebel group also elected on the SLPP ticket.
The SLASA, in its letter to President Wickremesinghe pushed strongly for the re-appointment of the two lawmakers as the heads of the two parliamentary watchdog committees. The outfit warned of efforts to undermine the overall process of bringing the watchdog committees under utterly corrupt elements.
Speaker Abeywardena should look into the accusations made by SLASA without delay. In case, the Speaker felt the outfit made a deliberate attempt to mislead the President and the Parliament, it should be asked to explain.
Prof. Herath obviously angered the powers that be by courageously pursuing investigations with the support of his committee. It would be pertinent to mention that COPE investigations depend on the disclosures made by the Auditor General’s Department. AG W.P.C. Wickremaratne participated in COPE proceedings or was represented by a senior Department official. Lawmakers Patali Champika Ranawaka and Dr. Harsha de Silva, both members of the main Opposition Samagi Jana Balavegaya (SJB) played a significant role in the examinations undertaken by COPE.
Prof. Herath’s stand at the COPE where he quite clearly antagonized the top SLPP leadership can be compared with the challenge faced by lawmaker Wijeyadasa Rajapakse during Mahinda Rajapaksa’s first term. The reaction of the political party in power to investigations undertaken by watchdog committees over the years revealed the nexus between political power and corruption at every level of the government. There cannot be a better example than the high profile Litro case that exposed the government. Litro, owned by Sri Lanka Insurance Corporation (SLIC) in 2020 hired top law firms to prevent state audit of the enterprise. Over Rs 20 mn was spent on the project. Among those who had been engaged by Litro were Romesh de Silva, PC, tasked with drafting a new Constitution and Sanjiva Jayawardena, PC, member of the Monetary Board. Under Prof. Herath’s leadership COPE took a strong stand against Litro’s move. The SLPP National List member didn’t mince his words when he questioned the rationale in a government-owned enterprises objecting to state audits. Unfortunately, the COPE obviously didn’t receive the backing it required both inside and outside parliament to fight corruption.
COPE created history in May this year when it quite clearly established the circumstances leading to the unprecedented economic fallout. Governor of the Central Bank Dr. Nandalal Weerasinghe, Finance Secretary Mahinda Siriwardana and Monetary Board members, Sanjiva Jayawardena, PC and Dr. Ranee Jayamahaha confirmed how the then Governor of the Central Bank Prof. W.D. Lakshman, Finance Secretary S.R. Attygalle, Prime Minister Mahinda Rajapaksa, in his capacity as the Finance Minister, Cabinet-of-Ministers and Presidential Secretary Dr. P.B. Jayasundera pursued a dangerous economic line.
It is a mystery why Jayamaha and Jayawardena continued to serve in the Monetary Board under successive CB Governors if they disagreed with policies pursued by them.
Against the backdrop of assurance given by President Wickremesinghe and Justice Minister Wijeyadasa Rajapakse that a new Bill would be enacted to fight corruption and fraud, it would be their responsibility as well as that of the Parliament to ensure proper functioning of watchdog committees.
In spite of the country being declared bankrupt and the vast majority of people unable to have two proper meals a day, corruption is on the march. Disclosures made by the Auditor General and parliamentary watchdog committees over the years point out that mega scale corruption takes place under the patronage of those responsible for ensuring transparency in public finance. That is the undeniable truth.
Midweek Review
A victory that can never be forgotten
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.
Midweek Review
A Novel, a Movie and a Play
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.
********
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
Midweek Review
The Dignity of the Female Head
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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