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Govt. needs to start implementing its plan for reconciliation

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By Jehan Perera

The report on Sri Lanka of the UN High Commissioner for Human Rights has been much stronger than anticipated. It has shattered the belief that Sri Lanka was too important a country, in geopolitical terms, for the international community to use to prove a point. In her report, the High Commissioner has stated that Sri Lanka’s disregard of the commitments that it had made should not become an excuse for other countries to follow suit. The recommendations made in the High Commissioner’s report are dangerous. They include a call for targeted economic and travel sanctions on those suspected of human rights violations. The report has recommended the launch of criminal proceedings at the International Criminal Court and an international mechanism to gather evidence. In addition, there is an invitation to countries to take independent action against those deemed to be human rights violators on the basis of universal jurisdiction.

This latter recommendation, in particular has the possible consequence of opening the floodgates to a whole host of law suits filed by aggrieved individuals and human rights organisations. The High Commissioner’s report is therefore a document that cannot be ignored but needs to be responded to with due attention to detail. If the issues raised in it are not dealt with, it can place members of the government and security forces vulnerable to having legal cases and summons placed before them while they are in transit in foreign countries. The legal field in relation to universal jurisdiction is particularly well developed in Western countries.

The doctrine of universal jurisdiction allows national courts to try cases of crimes against humanity and war crimes even if these crimes are not committed in the national territory and even if they are committed by government leaders of other states. The concept is not new, though states have shown an increasing willingness to enlarge the zone of their jurisdiction and to prosecute or extradite those in high places. (See https://www.globalpolicy.org/international-justice/universal-jurisdiction-6-31.html)

 

UNIVERSAL JURISDICTION

One of the main cases of the practice of universal jurisdiction comes from Chile. The present High Commissioner for Human Rights, Michelle Bachelet herself comes from Chile where she became President for two terms. Her father Alberto Arturo Miguel Bachelet Martínez was a Brigadier General of the Chilean Air Force. He opposed the 1973 coup of General Augusto Pinochet, and was imprisoned and subject to torture for several months until his death in 1974 while in prison. After ending his eight- year term as president, former President Pinochet got himself appointed as Senator for life in Chile with immunity for any crimes he may have committed. The arrest of Augusto Pinochet in London after being indicted by a Spanish magistrate in 1998 signaled changing international norms in the late 1990s.

As a result of the precedents of the Pinochet case, other leaders who were alleged to have committed well-documented crimes have been pursued; the former US Secretary of State Henry Kissinger and Prime Minister Ariel Sharon of Israel. Although an influential and respected person in the US, Henry Kissinger has had to restrict his international travel, because he was wanted in so many jurisdictions either for trial or as a prosecution witness. He served both as Secretary of State and National Security Advisor under the presidential administrations of Richard Nixon and Gerald Ford during the Vietnam War in which large numbers of war crimes took place.

 

STRONG RESPONSE

The UN Human Rights High Commissioner’s report gives its analysis and recommendations under the topics of “Emerging threats to reconciliation, accountability and human rights; Militarization of civilian government functions; Reversal of Constitutional safeguards; Political obstruction of accountability for crimes and human rights violations; Majoritarian and exclusionary rhetoric; Surveillance and intimidation of civil society and shrinking democratic space; New and exacerbated human rights concerns; Assessment of the implementation of resolution 30/1; Transitional justice and confidence-building measures; Impunity in emblematic cases; Conclusions; Recommendations.” The first indicators of the government’s response to this UN report is that it will respond strongly and show up flaws, biases and weaknesses in the report.

It is likely that the government’s response will be strong as this would be the expectation of the majority of people who voted it to power to put a stop to what they see as excessive international intervention in the internal affairs of the country. However, a strong response to the High Commissioner’s report does not preclude the government from reaching an accommodation with the UN Human Rights Council (which is a separate body and consists of 47 countries which have been elected to sit on it) on the issue of a follow up to its resolutions 30/1 of 2015 and 40/1 of 2017. Reaching accommodation with this body would be a better strategy to follow than one of full scale confrontation as occurred during the period 2011-14 which proved to be costly to the country.

It probably will be easier to reach a compromise agreement with the Human Rights Council which consists of the governments of 47 countries. Already some ambassadors of foreign powers who are expected to be playing a lead role in the deliberations that will take place in Geneva have offered conciliatory messages. US Ambassador Alaina Teplitz has said in an interview that “The support for human rights is absolutely not an effort to bully Sri Lanka or to diminish its sovereignty.” German Ambassador Holger Seubert has tweeted that an “Important UNHRC session coming up in Geneva soon. Hoping that a consensual resolution will be possible.”

Not only are human rights one of the many considerations that governments have, they also consider geopolitics including what is happening in other countries. The latest news is that Myanmar has suffered a military coup and democracy icon Aung San Suu Ki and many of the democratically elected government are under arrest. This is a matter that will necessarily occupy the attention of the Human Rights Council and the secretariat including the High Commissioner. Also, unlike in 2012 and 2013 when it lost in voting at the Human Rights Council in 2021 the balance of global power has shifted and its allies China and Russia much more important on the global stage. However, a confrontational strategy would still pit Sri Lanka against powerful countries, and those who have courts that practice universal jurisdiction, and this is best avoided.

 

CONSENSUAL RESOLUTION

The possibility of a consensual resolution has been a subject of discussion within the government. Foreign Secretary, Prof Jayanath Colombage, a former Admiral of the Sri Lanka Navy, who was part of a team that designed the cooperative naval strategy with foreign powers that overcame the LTTE at sea, including the US and India, has been quoted as saying that a consensual resolution was under consideration. This would provide the government with an opportunity to set out its roadmap for reconciliation and obtain international support for it without going to a divisive vote.

The High Commissioner’s report has noted that the government’s path to reconciliation will be through the two prongs of reparations and development. The governments of the 47 countries represented in the UN Human Rights Council might be more amendable to this government strategy for reconciliation if they see it is in the process of being implemented. Such a strategy cannot remain only a promise but needs to be seen implemented on the ground right away. While development is a long term process whose visible impact may not be seen immediately, there are several act of reparation that can be done with immediate visibility impacts.

These include increasing the quantum of reparations given to families of the missing from the present sum of Rs 6,000 per month, amnesty for LTTE suspects held for over a decade without indictment or trial and resettlement of the war displaced with housing and livelihoods being provided to them. In her recent media interview, US Ambassador Alaina Teplitz has also given some suggestions regarding what the international community is looking at. She said that “it would be good to see more progress in terms of finalizing the last of land returns, in terms of looking at the independent institutions that had been established previously to address the missing, to address the cause of reparation and finally an institution that was not established for looking at the need for some truth telling so that people can kind of examine the past and move ahead.” Another important symbolic reconciliatory action that can be taken at this time would be to sing the national anthem in Tamil also at the Independence Day celebrations on February 4 particularly in the Tamil majority areas.



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Opinion

Why Bachelor of Arts and no Spinsters …, LSE degrees and titles, again?

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Dr. Mary Hockaday is Master of Trinity Hall. She read English at Trinity Hall and took an MA in Journalism at New York University on a Fulbright Scholarship. The Master’s role is to support the core academic purpose of the College, foster a strong and harmonious community where everyone can thrive, and oversee good governance and the College’s strategic development. (From Trinity Hall official website)

Three matters concerning universities. The eminent botanist Dr. Upatissa Pethiyagoda asked (17/12) why there were Bachelor of Arts degrees and no Spinsters …. degrees. When universities were first founded in medieval times, the intelligentsia was almost entirely churchmen: priests, friars and monks. There were no women in the clergy. Churchmen held power in studium generale which about the 15th century came to be called universities.

Universities governed themselves, a common feature of many organisations in medieval Europe, where authority was fragmented. (The seeds of present claims for autonomy in universities, bolstered by new and other powerful factors, lay there.) Although graduates from the Arts Faculty comprised the overwhelming majority in universities, and the arts faculty was fons et origo ceteris (source and origin of all others), graduates of the Faculty of Theology controlled universities. For centuries to come this practice continued. The church and, more recently, laymen who governed universities, did not permit the admission of women to universities. In Dr. Pethiyagoda’s university in the UK, women were formally admitted to degrees only in 1948! In Oxford, women had been admitted in 1920-21. That explains why there are no “Spinster graduates”, even though, in some universities, women comprise the majority that graduates. However, change has been rapid since then. The present vice-chancellor of Cambridge University is a woman. The Master of Trinity Hall, one of the smaller but older colleges in that university, is a woman who was an academic in the US, previously.

Then it was asked whether LSE could offer a degree (in The Island, on the same day). LSE cannot, because it is not a university but only a School at the University of London, like the Imperial College of Science and Technology, King’s College or SOAS. Similarly, one cannot get a degree from the Harvard Business School. The model of the University of London was copied in India, when the British established universities there in 1857, the year of the mutiny. (Ramachandran Guha once remarked that two mutinies began in 1857; the other being the establishment of universities whose alumni were a force in pushing the British out of India.) As a result, Delhi University or Calcutta University has large numbers of colleges, where standards of teaching vary widely. The University of Bangalore is reputed to have hundreds of affiliated colleges.

Professor Jan-Melissa Schramm became Vice- Master of trinity hall on 1 april 2023 after filling the role of acting Vice-Master during Lent term 2023. She is Professor of Literature and Law in the english Faculty, Director of Studies in english at trinity hall, and was Deputy Director at CRaSSh between 2017 and 2020. (From Trinity Hall official website)

P. A. Samaraweera, philosophiae doctor, (20/12/24) insists on calling a university degree a title: ‘…(PD) is incorrect in his analysis of a Ph.D. as a title’. Well, of course, Alice (in Wonderland) retorted, ‘I mean what I say’ and Dr. Samaraweeera may assert that same privilege. But korala, muhandiram, maha mudali, professor, archdeacon and judge are titles, not university degrees. B.A., D.Phil., and D.Litt. are degrees and not titles. His appellation ‘Dr.’ is not a title, whereas he may hold the title ’professor’. I went back to history to explain what it is, not what the future should be. He might find it difficult to explain why he, a chemist (say) holds a degree ‘doctor of philosophy’, having never, even in school, studied philosophy. The explanation is in the history of universities. Well into the 21st century, President Emmanuel Macron, a few months ago, opened the University of Paris-Saclay and it will have deans, provosts, and other office holders whose titles derive from the University of Paris which started about 1210 CE. Robert Grosseteste, Bishop of Lincoln, Chancellor of Oxford, in the 14th century, had he miraculously been transported to the occasion, may have found the entire setup familiar as he was ‘a French poet, an agriculturist, a lawyer, a physician, and a preacher; ….’ ( Rashdall, Vol.III p.241). He may even have understood the proceedings. Modern universities follow procedures adopted in old Europe: wear your cappa (degree gown and cap) and compare those vestments with what a Catholic priest, a bishop or the pope wears. Need I say more?

Philosophiae Doctor

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Opinion

Going easy on Year 5 Scholarship trial

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“The goal of education is not to increase the amount of knowledge but to create the possibilities for a child to invent and discover”

– Jean Piaget

“[They] are confined for four or five years in small cages, being kept in the dark and not allowed to set foot on the ground”. One might wonder whether the foregoing sentence is one which is meant to serve as a metaphorical description of the joyless life of most of our primary-level students, who are regimented for two to three years to face the Year 5 Scholarship exam. Well, no.

It doesn’t have the remotest connection to modern-day exams or an education system unwittingly designed to drain childhood of its inherent pleasures. It refers to a custom, a ‘persecution’ ingrained in primeval cultures, the remnants of which may still be found in many societies including ours. The quote is from a well-known book on anthropology, “The Golden Bough: A study in magic and religion” written by Sir James Frazer. The sentence describes a widespread taboo in primitive societies, which resulted in the “seclusion of girls at puberty”. However, it is a pity that today, one is likely to see in it, at least a faint reference to the otherwise happiest period of our youngest citizens, who are pressured to prepare for an exam, which is superimposed, for reasons unrelated to the goals of education, per se. Rather, it is designed to make tens of thousands of underprivileged children work harder than they reasonably can, because the successive governments have not been able to provide the required infrastructure facilities to their schools to enable them to continue studies till they enter the tertiary level. In other words, the well-known exam is an instance of making our children sacrifice their childhood till the rulers, if they ever will, set right the larger economic wrongs.

Whereas, in ancient times, young girls were made to carry the burden of superstition and patriarchy, today young children of all sexes are forced to pay the price for political and economic bungling. Ultimately, a problem resulting from lack of opportunities for many, is upgraded and embellished as ‘providing opportunities’ for the few ‘smart’. And, its grand title is Year 5 Scholarship Exam. What we conveniently forget is that this ‘exam’ is a wrong medicine produced to compensate for political quackery, which justifies the continuation of substandard education for the ‘condemned’ majority. It seems that the onward march of human progress, while doing away with cultural wrongs, is shy of getting rid of economic wrongs. A local saying seems apt here – one may say that the Year 5 scholarship exam has been serving as a metaphor for an annually produced loincloth expected to cure politically induced child-diarrhea.

The reported leaking of three questions from the Grade 5 scholarship exam held this year and the reports of such incidents in the past show its undesirable influence on the children, parents and other vested interests. At least, it has raised an unhealthy spirit of competition considerably removing the sense of joy which should be an essential part of these children’s learning experience. This is particularly relevant because the exam has drawn both students and their parents into a prolonged spell of obsession, which has severely undermined the importance of leisure and fun that should be part and parcel of a wholesome childhood. The prolonged fixation on the exam results tied to their ‘future success’ robs these fledgling scholars of the joys of ‘free learning’, which should otherwise give them that vital sense of adventure and excitement in gaining new knowledge. Bertrand Russell’s quote, “There is much pleasure to be gained from useless knowledge”, which refers to the unplanned learning pursuits that may enhance the quality of life of adults, may not be totally irrelevant in any discussion on child education.

As history and anthropology bear evidence, children have always been defenceless against many of those well-meaning programmes imposed on them by adults. It is a pity that today the parental ambitions triggered by social forces, have invaded and highjacked the childhood of our clueless kids. Particularly vulnerable are those underprivileged children who form the majority. Whereas the children of privileged families enjoy the freedom of engaging in many leisure pursuits while receiving their primary level education without undue stress, a large number of children belonging to the lower strata of society are grievously saddled with the scholarship exam to the exclusion of all fun and recreation.

As Ms. Ruth Surenthiraraj highlights in her article titled, “A case for the non-essential” (Kuppi Talk) published in The Island of December 10, “…entertainment, leisure, or the space to create is often perceived as being directly and positively correlated to being able to afford either the time or the resources to enjoy it”. This is a valid critique of a smug social attitude, which tends to give credence to the warped idea that the underprivileged in society may ‘prudently’ forget about entertainment. Reducing childhood to a strenuous struggle for future success is sad. And, any programme relating to education or otherwise, which, directly or indirectly, helps consolidate the idea that deprived children may ‘wisely’ shun any entertainment ‘for their own good’ can be nothing short of catastrophic.

Susantha Hewa

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Opinion

Christmas Roots and Hearts Aglow:

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Rekindling Faith, Peace, and Love Below…!

(Practical Tips for Christmas Bliss)

by Rev. Fr. (Dr.) Eymard Fernando

Bishop’s House, Kurunegala.

In an increasingly and incredibly materialised and commercialised world today, the core meaning of Christmas often seems distorted, being overshadowed by consumerism, bustling sales, and extravagant festivities. Yet, at its heart, Christmas is a season meant for reflection, change, love, and unity – a time when people gather to celebrate gratitude and generosity centred around the Divine Baby. As we explore the roots of Christmas and what it can mean for us in today’s world, we uncover themes of faith, hope, peace, and kindness that transcend religious boundaries, reminding us of the true purpose and value of God becoming man.

Therefore, let us delve a little into the origins and deeper significance of Christmas, exploring ways to return to these roots through themes of generosity, togetherness, and humility. By rediscovering these essential values, we can certainly celebrate Christmas as a season that brings light and life to our world.

A Season of Faith and Reflection

Christmas has its origins in the Birth of Jesus Christ, a moment celebrated by Christians as the arrival of hope and salvation. However, even beyond its religious significance, Christmas season has become a time when many reflect on themes of love, hope, and renewal. The story of the Nativity conveys universal values: humility, peace, and the power of hope.

The Birth of Jesus in a humble manger represents a profound lesson about simplicity and compassion. As theologian Henri Nouwen noted, “Jesus was born in the least expected place to the least expected people in the least expected way.” This simplicity, intertwined with humility, challenges the commercialised image of Christmas today. Instead of focusing on luxury and excess, the roots of Christmas invite us to value the simple, meaningful aspects of life: faith, family, and fraternity.

In today’s world, we can return to these roots by setting aside time for personal reflection during Christmas. Practising gratitude, being mindful of those less fortunate, and reaching out to loved ones are all different ways we can honour the spiritual foundation of Christmas. Thus, we all can benefit from a moment of stillness and introspection during this busy time of the year.

The Spirit of Generosity and Compassion

Christmas has always been a season of sharing, inspired by the gifts of the Magi to the Christ- Child and later, Saint Nicholas’ acts of charity as santa claus. However, the tradition of sharing has gradually shifted from simple acts of kindness to an intense focus on material gifts. According to American sociologist Juliet Schor, “We give to show love, but in a culture that equates love with spending, our giving has been commercialized.”

However, in recent years, a shift towards alternative, meaningful sharing has gained momentum in the form of a worthy ‘retromarch’. Many individuals and families now choose to give to charity in a loved one’s name or to offer experiences rather than material goods. This form of sharing very much aligns with the true spirit of Christmas, embodying generosity without extravagance.

Likewise, local initiatives, such as community food drives and clothing and toy collections, have become popular ways to give back. Participating in these efforts allows people to connect with others in their communities, creating a shared sense of purpose and compassion. As Mother Teresa famously said, “It’s not how much we give, but how much love we put into giving.” By focusing mainly on the intention behind our gifts, we can bring the spirit of Christmas alive in our own hearts and communities. However, the magic of Christmas is not very much in presents and parties, but in His Presence!

Family and Togetherness: A Time for Connection

The Christmas season is often one of the few times in the year when families come together, setting aside time to reconnect, reflect, and celebrate. This emphasis on togetherness is deeply rooted in the season’s traditions, dating back to ancient winter solstice festivals where communities gathered to share warmth and light during the darkest days of the year.

In modern times, when families may be dispersed across cities or even continents, Christmas remains a crucial opportunity to reconnect. This communal emphasis shows how Christmas, regardless of religious affiliations, has become a unifying tradition centred on family.

Simple traditions – like sharing a meal, decorating a Christmas tree, or singing carols together – allow families to pause, connect, and create memories. These rituals not only strengthen family bonds but also convey the essence of Christmas for younger generations. As American author Richard Paul Evans, best known for his inspirational and heartfelt novels says, “The smells, tastes, and sounds of Christmas are the roots that nurture a family tree.” By focusing on togetherness, Christmas serves as a reminder of the love and connection that sustain us all throughout the New Year.

Peace on Earth: Seeking Unity in This Divided World

One of the most significant messages of Christmas is the call for ‘Peace on Earth’. Yet, today’s world is marked by political, social, cultural, economic and various other divisions, making the pursuit of peace and unity more relevant than ever before. From the hymn ‘Silent Night’ to the angels’ proclamation of peace, Christmas has long symbolized hope in times of conflict.

A poignant historical example of Christmas promoting peace is the Christmas Truce of 1914, during World War I. British and German soldiers, entrenched on the Western Front, laid down their arms on Christmas Eve to exchange greetings, sing carols, and share small gifts. This unexpected truce, though brief, reminded soldiers of their shared humanity amidst the horrors of war. It symbolised the power of Christmas to transcend differences and bring people together, even during a time of darkness and death.

Today, peace-oriented traditions continue to play an important role during Christmas season. Interfaith gatherings, community meals, and charitable events all serve as spaces for people from different backgrounds to connect and understand one another. In a world often divided by ideological and political differences, Christmas can become a season with a reason for open dialogue, compassion, and understanding. Embracing Christmas’ call for peace and unity allows us to honour its roots in ways that resonate with our global context.

Practising Simplicity and Mindfulness

While Christmas has grown as a metaphor for lavish celebrations and enchanting tamashas, the season’s roots actually encourage simplicity and mindfulness. The traditional story of Jesus’ Birth in a manger speaks to a humble beginning, one that invites us to cherish what truly matters in life. Embracing that simplicity allows us shift our focus from material abundance to the richness of shared experiences.

In recent years, minimalism and mindfulness have gained popularity as antidotes to the consumer-driven spendthrift lifestyle with a ‘shop till you drop’ psychosis. Many people now opt for simpler, handmade gifts or choose to forgo elaborate decorations in favour of natural elements. These preferred choices reflect a desire to connect more authentically with the true meaning of Christmas. Instead of flashy lights or mountains of gifts, families can create meaningful memories through acts of kindness or spending quality time together strengthening family ties. One modern example for this is the ‘Reverse Advent Calendar’ tradition. Instead of receiving a treat each day, participants place an item – such as dry rations or clothing – in a box to donate to those in need. This practice helps to instil gratitude and generosity, shifting the focus from consumption to community service. By embracing a simpler and more mindful and meaningful approach, we honour the humble roots of Christmas and foster a deeper sense of appreciation for life’s countless blessings.

A Journey of Rediscovering…

Returning to the roots of Christmas is a journey of rediscovering faith, kindness, and togetherness in a world that often moves at a very rapid pace. The true spirit of Christmas calls us to reflect on values that transcend time and culture: humility, compassion, peace, unity, and love. In embracing these themes, we transform Christmas from a season of materialism into one pregnant with meaning.

As we celebrate Christmas this year, let us remember that this event is not about what we have, but about who we are with and how we make others feel. It is a season of opening our hearts and minds to others, of putting love into action, and of finding moments of peace and tranquility in the midst of cacophony, disorder and chaos. By going back to the roots of Christmas, let us therefore invite joy, hope, and kindness into our lives, allowing Christmas grow and glow with renewed purpose and profound meaning resulting in a new birth in our own lives!

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