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THE ARBITRATOR NEEDS CREDIBILITY

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ONE COUNTRY, ONE LAW- IN ONE ISLAND WITH MANY NATIONS

by Anura Gunasekera

Galagoda Aththe Gnanasara, pardoned after serving one and half years of a six-year rigorous imprisonment sentence for Contempt of Court, has been appointed the Chairman of a Presidential Task Force, mandated to study the implementation of the “One Country, One Law” concept, as well as to examine amendments prepared by the Ministry of Justice in furtherance of this rather fluid hypothesis, and to submit amendments to the latter as appropriate. Basically, a convicted felon has been assigned the responsibility for evaluating the competence of a legal system, which was earlier responsible, after due process, for convicting him. The arbitrariness, the ridiculousness of the very notion is such that at first the news was perceived as a bad joke circulating in social media.

By extension of that patently absurd determination, it would then seem quite logical to appoint Lohan Ratwatte, presently under investigation for threatening select Tamil prisoners with death at gun-point, as the chairman of a committee to study and recommend prison reforms, or ” Wele Suda”, currently in jail for drug trafficking, as head of a task force to advise law enforcement bodies on the prevention of drug smuggling.

An appointment to any important position is, generally if not invariably, preceded by an evaluation of the curriculum vitae of the proposed appointee. The priest from Galagoda first gained prominence as the head of the “Bodu Bala Sena” (BBS), a body inaugurated in 2012 and publicly provided patronage by the then Defence Secretary and now President, Gotabaya Rajapaksa. Since then, the cleric has been both vocally and physically involved in anti-minority (read Muslim) agitation. Most prominent was his alleged involvement in inciting anti-Muslim violence in Beruwala and Aluthgama in 2014, which resulted in four fatalities, injuries to dozens and the destruction of a large number of Muslim owned establishments. In March 2018, in Teldeniya and Digana, mobs of Sinhala Buddhists ramapaged, unchecked for over a week, destroying Muslim owned property, as well as damaging four mosques. The reported presence of Gnanasara in the area during this period is unlikely to have been accidental.

In June 2018 this cleric was sentenced to a six-month term and fined Rs 50,000 for threatening, in court premises, Sandhya Ekneligoda, wife (or widow) of Prageeth Ekneligoda, a critic of the then Rajapaksa government, who has been missing since 2010. In the same year he was found guilty of contempt of court by the Sri Lanka Court of Appeal but, in 2019, whilst serving the decreed six-year term, pardoned by former President Sirisena, in a politically expedient move obviously driven by the latter’s desire to curry favour with the Buddhist majority.

In between the above mentioned episodes, this renegade, racist monk has achieved both high visibility and notoriety for his belligerent anti Muslim sentiment, expressed on widely circulated video and U-tube interviews, discussions, press briefings and public speeches. He has elevated hate-speech and anti-minority sentiment to a completely new and diabolical level. He was also responsible, a couple of years ago, for inviting and hosting in this country, Ashin Wirathu of Myanmar, another virulent racist in saffron robes, accused of inciting bloody pogroms against Muslims citizens of his country, especially the Rohingiya refugees.

On September 20, 2000, Gnanasara Thero was found guilty by the Colombo 12 Traffic Courts, in a hit-and-run incident which caused injuries to two people. Pleading guilty to nine charges, which included driving under the influence of liquor, speeding, not possessing a valid license and failing to report an accident, he was fined Rs 12,000.00; not an unusual episode in the case of an irresponsible layman but quite extraordinary for a Buddhaputhra.

The above, briefly, is the resume’ of the man selected by President Gotabaya Rajapaksa, as Chair of the Task Force to deliberate and pass judgment on legal reforms advocated by the Ministry of Justice!

With the military threat from the LTTE extinguished, despite the subsequent simmering discontent within the Northern Tamil population, the Rajapaksa government needed a different enemy to present to the Sinhala-Buddhist polity, diverting focus from other more urgent issues of governance, and to maintain the support of that polity which has always responded enthusiastically to anti-minority sentiment. Whilst the last Sinhala-Muslim riots of significance, in 1915, have already passed in to history, the animus was rekindled in the 1990s by another evangelical Buddhist preacher, Gangodawila Soma Thero, who was successful in convincing a significant segment of the Sinhala-Buddhist society that the existential danger that Muslims posed to the majority community was even greater than the LTTE peril. He was ably supported by present MP, Champika Ranawaka, in his then avatar as the leader of the Sihala Urumaya.

The Gnanasara-led BBS campaign against the Muslim polity commenced in 2013 with agitation against the “Halal” food convention, a matter which, till then, had been of no consequence in the Sinhala – Buddhist mindset. Soon thereafter, the Nugegoda branch of the “Fashion Bug” chain, a Muslim owned clothing establishment, was burnt down by a mob, reportedly led by Buddhist monks. Since then, till 2019, there have been several acts of violence perpetrated against the Muslim community in various parts of the island.

In a public interview (Hiru TV- 28/05/19) Galgoda Gnanasara, unapologetically, steadfastly, cited the Lord Buddha as the patron of his activism and by means of convoluted logic, attributing his belligerent philosophy to the teachings of the Buddha. As a more recent forerunner and advocate of his brand of nationalism, he has repeatedly cited (Lankan News- 12/08/20) Anagarika Dharmapala who has, historically, been ascribed an active role, either rightly or wrongly, in the anti-Muslim riots of 1915.

In this context the question immediately asks itself; how is it possible for an individual with an avowed, immoderate personal philosophy and a majority-centric public political agenda, function as the chair of an ostensibly impartial body, tasked to ensure the unbiased implementation of law; in short, to ensure just rule for all citizens, irrespective of gender, race and religious or political orientation?

Of course, such atrocious anomalies are not uncommon in this country; “Gonawela Sunil”, alleged murderer and convicted rapist, was released under a general pardon issued by President JR Jayewardene and subsequently made an All Island Justice of the Peace. ” Sotthi Upali”, a well known criminal and a close associate of then minister Sirisena Cooray was appointed a reserve Sub-inspector. “Beddegane Sanjeewa”, an underworld operator linked to several murders was a key member of the Presidential Security Division during Chandrika Kumaratunge’s term.

In another bizarre example of Presidential clemency, apart from the pardoning of Galagoda Gnanasara, in his final week in office, Sirisena outraged civil society by pardoning Jude Jayamaha, then facing a death sentence for murder. More recently, former army staff sergeant, Sunil Ratnayake, under sentence of death- affirmed by the Supreme Court of Sri Lanka- for the murder in 2000, of eight Tamil civilians including three children, one aged five, was pardoned by President Gotabaya Rajapaksa in 2020, in his very first exercise of this sacred constitutional right. This was followed a few months later, not unexpectedly, by a similar pardon to death row inmate Duminda Silva, former MP and Supervising MP of the Ministry of Defence. That verdict too had been upheld by the Supreme Court of Sri Lanka . Soon thereafter, in an extension of the same aberrant logic and contempt for the country’s judicial system and decent public opinion, Silva the felon was appointed Chairman of the National Housing Authority.

A Presidential pardon, according to article 34(1) of the Constitution, is preceded by a report by the judge (or judges) who tried the case in question, the Attorney General’s commentary on the report and, lastly, the recommendation of the Minister of Justice. Presumably, all responsible parties, intent on rectifying miscarriages of justice, were unanimous in their support of all the cases mentioned above!

The trend of extending political patronage and high profile positions to convicted criminals, institutionalizing the practice as an ancillary to governance, commenced with the J.R. Jayewardene regime. However, whilst Galagoda Aththe Gnanasara’s appointment emulates a tradition of unscrupulous governance, the difference is that none of the other felons cited above, after release, were assigned positions of national importance. None, apart from Duminda Silva, enjoyed significant political or public visibility prior to their convictions. They were simply professional murderers, thieves, extortionists, drug dealers, habitual rapists or what have you, plying their respective trades and indulging their appetites, largely under the public radar and when called for, carrying out illegal orders of their political masters.

As for the Task Force itself, the absence of Tamil, and Christian (reportedly) representation relegates those minorities to irrelevance. Obviously, in the minds of the government, Tamils and Christians either do not merit a voice or have no grievances, whilst a group deliberating crucial questions of law is represented only by two lawyers. Nor is there a female voice, suggesting that gender issues, if any, will be decided by men only.

Ours is a country in which the law is administered with a blatant lack of equity; convicted murderers walk free, a drunken politician threatens helpless inmates with death without fear of legal consequences and all corruption cases filed against high profile ruling party politicians, and murder cases filed against prominent armed forces personnel, are withdrawn by the Attorney General. But the police question teenager Baghaya Abeyratne for exposing the degradation of the Sinharaja, Sandhya Ekneligoda is still seeking justice a decade after her husband’s disappearance whilst in Navy custody, and the cases of over 20 murdered journalists, from Richard de Zoysa in 1990 to Lasantha Wickramatunga in 2009, remain unsolved. In this scenario, what value does this sanctimonious ” One Country- One Law” carry?

Given the violent, sullied background of the Chairman, with his recently stated intent of using the Task Force to advance the cause of the BBS- the vehicle for his ethno-centric activism- and the blatantly unequal representation and amorphous remit of the Force itself, the project becomes a parody of its self-consciously virtuous title.

In the Orwellian Dystopia that is Sri Lanka today, in which Big Brother and the family run the country as a personal fiefdom and the absurd is portrayed as the reality, and the truth is routinely challenged as being a threat to both the ruling order and national security, it is perfectly rational for Galagoda Aththe Gnanasara to head a force designed to ensure equal justice to all. Whilst most of the world is moving towards 2022, as long as the present regime lasts we are condemned to imprisonment in “1984”.



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A plural society requires plural governance

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The local government elections that took place last week saw a consolidation of the democratic system in the country.  The government followed the rules of elections to a greater extent than its recent predecessors some of whom continue to be active on the political stage.  Particularly noteworthy was the absence of the large-scale abuse of state resources, both media and financial, which had become normalised under successive governments in the past four decades.  Reports by independent election monitoring organisations made mention of this improvement in the country’s democratic culture.

In a world where democracy is under siege even in long-established democracies, Sri Lanka’s improvement in electoral integrity is cause for optimism. It also offers a reminder that democracy is always a work in progress, ever vulnerable to erosion and needs to be constantly fought for. The strengthening of faith in democracy as a result of these elections is encouraging.  The satisfaction expressed by the political parties that contested the elections is a sign that democracy in Sri Lanka is strong.  Most of them saw some improvement in their positions from which they took reassurance about their respective futures.

The local government elections also confirmed that the NPP and its core comprising the JVP are no longer at the fringes of the polity.  The NPP has established itself as a mainstream party with an all-island presence, and remarkably so to a greater extent than any other political party.  This was seen at the general elections, where the NPP won a majority of seats in 21 of the country’s 22 electoral districts. This was a feat no other political party has ever done. This is also a success that is challenging to replicate. At the present local government elections, the NPP was successful in retaining its all-island presence although not to the same degree.

Consolidating Support

Much attention has been given to the relative decline in the ruling party’s vote share from the 61 percent it secured in December’s general election to 43 percent in the local elections. This slippage has been interpreted by some as a sign of waning popularity. However, such a reading overlooks the broader trajectory of political change. Just three years ago, the NPP and its allied parties polled less than five percent nationally. That they now command over 40 percent of the vote represents a profound transformation in voter preferences and political culture. What is even more significant is the stability of this support base, which now surpasses that of any rival. The votes obtained by the NPP at these elections were double those of its nearest rival.

The electoral outcomes in the north and east, which were largely won by parties representing the Tamil and Muslim communities, is a warning signal that ethnic conflict lurks beneath the surface. The success of the minority parties signals the different needs and aspirations of the ethnic and religious minority electorates, and the need for the government to engage more fully with them.  Apart from the problems of poverty, lack of development, inadequate access to economic resources and antipathy to excessive corruption that people of the north and east share in common with those in other parts of the country, they also have special problems that other sections of the population do not have. These would include problems of military takeover of their lands, missing persons and persons incarcerated for long periods either without trial or convictions under the draconian Prevention of Terrorism Act (which permits confessions made to security forces to be made admissible for purposes of conviction) and the long time quest for self-rule in the areas of their predominance

The government’s failure to address these longstanding issues with urgency appears to have caused disaffection in electorate in the north and east. While structural change is necessarily complex and slow, delays can be misinterpreted as disinterest or disregard, especially by minorities already accustomed to marginalisation. The lack of visible progress on issues central to minority communities fosters a sense of exclusion and deepens political divides. Even so, it is worth noting that the NPP’s vote in the north and east was not insignificant. It came despite the NPP not tailoring its message to ethnic grievances. The NPP has presented a vision of national reform grounded in shared values of justice, accountability, development, and equality.

Translating electoral gains into meaningful governance will require more than slogans. The failure to swiftly address matters deemed to be important by the people of those areas appears to have cost the NPP votes amongst the ethnic and religious minorities, but even here it is necessary to keep matters in perspective.  The NPP came first in terms of seats won in two of the seven electoral districts of the north and east.  They came second in five others. The fact that the NPP continued to win significant support indicates that its approach of equity in development and equal rights for all has resonance. This was despite the Tamil and Muslim parties making appeals to the electorate on nationalist or ethnic grounds.

Slow Change

Whether in the north and east or outside it, the government is perceived to be slow in delivering on its promises.  In the context of the promise of system change, it can be appreciated that such a change will be resisted tooth and nail by those with vested interests in the continuation of the old system.  System change will invariably be resisted at multiple levels.  The problem is that the slow pace of change may be seen by ethnic and religious minorities as being due to the disregard of their interests.  However, the system change is coming slow not only in the north and east, but also in the entire country.

At the general election in December last year, the NPP won an unprecedented number of parliamentary seats in both the country as well as in the north and east.  But it has still to make use of its 2/3 majority to make the changes that its super majority permits it to do.  With control of 267 out of 339 local councils, but without outright majorities in most, it must now engage in coalition-building and consensus-seeking if it wishes to govern at the local level. This will be a challenge for a party whose identity has long been built on principled opposition to elite patronage, corruption and abuse of power rather than to governance. General Secretary of the JVP, Tilvin Silva, has signaled a reluctance to form alliances with discredited parties but has expressed openness to working with independent candidates who share the party’s values. This position can and should be extended, especially in the north and east, to include political formations that represent minority communities and have remained outside the tainted mainstream.

In a plural and multi-ethnic society like Sri Lanka, democratic legitimacy and effective governance requires coalition-building. By engaging with locally legitimate minority parties, especially in the north and east, the NPP can engage in principled governance without compromising its core values. This needs to be extended to the local government authorities in the rest of the country as well. As the 19th century English political philosopher John Stuart Mill observed, “The worth of a state in the long run is the worth of the individuals composing it,” and in plural societies, that worth can only be realised through inclusive decision-making.

by Jehan Perera

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Commercialising research in Sri Lanka – not really the healthiest thing for research

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Image credit University of Sydney

In the early 2000s, a colleague, returning to Sri Lanka after a decade in a research-heavy first world university, complained to me that ‘there is no research culture in Sri Lanka’. But what exactly does having a ‘research culture’ mean? Is a lot of funding enough? What else has stopped us from working towards a productive and meaningful research culture? A concerted effort has been made to improve the research culture of state universities, though there are debates about how healthy such practices are (there is not much consideration of the same in private ‘universities’ in Sri Lanka but that is a discussion for another time). So, in the 25 years since my colleague bemoaned our situation, what has been happening?

What is a ‘research culture’?

A good research culture would be one where we – academics and students – have the resources to engage productively in research. This would mean infrastructure, training, wholesome mentoring, and that abstract thing called headspace. In a previous Kuppi column, I explained at length some of the issues we face as researchers in Sri Lankan universities, including outdated administrative regulations, poor financial resources, and such aspects. My perspective is from the social sciences, and might be different to other disciplines. Still, I feel that there are at least a few major problems that we all face.

Number one: Money is important.

Take the example American universities. Harvard University, according to Harvard Magazine, “received $686.5 million in federally sponsored research grants” for the fiscal year of 2024 but suddenly find themselves in a bind because of such funds being held back. Research funds in these universities typically goes towards building and maintenance of research labs and institutions, costs of equipment, material and other resources and stipends for graduate and other research assistants, conferences, etc. Without such an infusion of money towards research, the USA would not have been able to attracts (and keeps) the talent and brains of other countries. Without a large amount of money dedicated for research, Sri Lankan state universities, too, will not have the research culture it yearns for. Given the country’s austere economic situation, in the last several years, research funds have come mainly from self-generated funds and treasury funds. Yet, even when research funds are available (they are usually inadequate), we still have some additional problems.

Number two: Unending spools of red tape

In Sri Lankan universities red tape is endless. An MoU with a foreign research institution takes at least a year. Financial regulations surrounding the award and spending of research grants is frustrating.

Here’s a personal anecdote. In 2018, I applied for a small research grant from my university. Several months later, I was told I had been awarded it. It comes to me in installments of not more than Rs 100,000. To receive this installment, I must submit a voucher and wait a few weeks until it passes through various offices and gains various approvals. For mysterious financial reasons, asking for reimbursements is discouraged. Obviously then, if I were working on a time-sensitive study or if I needed a larger amount of money for equipment or research material, I would not be able to use this grant. MY research assistants, transcribers, etc., must be willing to wait for their payments until I receive this advance. In 2022, when I received a second advance, the red tape was even tighter. I was asked to spend the funds and settle accounts – within three weeks. ‘Should I ask my research assistants to do the work and wait a few weeks or months for payment? Or should I ask them not to do work until I get the advance and then finish it within three weeks so I can settle this advance?’ I asked in frustration.

Colleagues, who regularly use university grants, frustratedly go along with it; others may opt to work with organisations outside the university. At a university meeting, a few years ago, set up specifically to discuss how young researchers could be encouraged to do research, a group of senior researchers ended the meeting with a list of administrative and financial problems that need to be resolved if we want to foster ‘a research culture’. These are still unresolved. Here is where academic unions can intervene, though they seem to be more focused on salaries, permits and school quotas. If research is part of an academic’s role and responsibility, a research-friendly academic environment is not a privilege, but a labour issue and also impinges on academic freedom to generate new knowledge.

Number three: Instrumentalist research – a global epidemic

The quality of research is a growing concern, in Sri Lanka and globally. The competitiveness of the global research environment has produced seriously problematic phenomena, such as siphoning funding to ‘trendy’ topics, the predatory publications, predatory conferences, journal paper mills, publications with fake data, etc. Plagiarism, ghost writing and the unethical use of AI products are additional contemporary problems. In Sri Lanka, too, we can observe researchers publishing very fast – doing short studies, trying to publish quickly by sending articles to predatory journals, sending the same article to multiple journals at the same time, etc. Universities want more conferences rather than better conferences. Many universities in Sri Lanka have mandated that their doctoral candidates must publish journal articles before their thesis submission. As a consequence, novice researchers frequently fall prey to predatory journals. Universities have also encouraged faculties or departments to establish journals, which frequently have sub-par peer review.

Alongside this are short-sighted institutional changes. University Business Liankage cells, for instance, were established as part of the last World Bank loan cycle to universities. They are expected to help ‘commercialise’ research and focuses on research that can produce patents, and things that can be sold. Such narrow vision means that the broad swathe of research that is undertaken in universities are unseen and ignored, especially in the humanities and social sciences. A much larger vision could have undertaken the promotion of research rather than commercialisation of it, which can then extend to other types of research.

This brings us to the issue of what types of research is seen as ‘relevant’ or ‘useful’. This is a question that has significant repercussions. In one sense, research is an elitist endeavour. We assume that the public should trust us that public funds assigned for research will be spent on worth-while projects. Yet, not all research has an outcome that shows its worth or timeliness in the short term. Some research may not be understood other than by specialists. Therefore, funds, or time spent on some research projects, are not valued, and might seem a waste, or a privilege, until and unless a need for that knowledge suddenly arises.

A short example suffices. Since the 1970s, research on the structures of Sinhala and Sri Lankan Tamil languages (sound patterns, sentence structures of the spoken versions, etc.) have been nearly at a standstill. The interest in these topics are less, and expertise in these areas were not prioritised in the last 30 years. After all, it is not an area that can produce lucrative patents or obvious contributions to the nation’s development. But with digital technology and AI upon us, the need for systematic knowledge of these languages is sorely evident – digital technologies must be able to work in local languages to become useful to whole populations. Without a knowledge of the structures and sounds of local languages – especially the spoken varieties – people who cannot use English cannot use those devices and platforms. While providing impetus to research such structures, this need also validates utilitarian research.

This then is the problem with espousing instrumental ideologies of research. World Bank policies encourage a tying up between research and the country’s development goals. However, in a country like ours, where state policies are tied to election manifestos, the result is a set of research outputs that are tied to election cycles. If in 2019, the priority was national security, in 2025, it can be ‘Clean Sri Lanka’. Prioritising research linked to short-sighted visions of national development gains us little in the longer-term. At the same time, applying for competitive research grants internationally, which may have research agendas that are not nationally relevant, is problematic. These are issues of research ethics as well.

Concluding thoughts

In moving towards a ‘good research culture’, Sri Lankan state universities have fallen into the trap of adopting some of the problematic trends that have swept through the first world. Yet, since we are behind the times anyway, it is possible for us to see the damaging consequences of those issues, and to adopt the more fruitful processes. A slower, considerate approach to research priorities would be useful for Sri Lanka at this point. It is also a time for collective action to build a better research environment, looking at new relationships and collaborations, and mentoring in caring ways.

(Dr. Kaushalya Perera teaches at the Department of English, University of Colombo)

Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.

By Kaushalya Perera

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Melantha …in the spotlight

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Fun mode for Melantha Perera and Allwyn H. Stephen

Melantha Perera, who has been associated with many top bands in the past, due to his versatility as a musician, is now enjoying his solo career, as well … as a singer.

He was invited to perform at the first ever ‘Noon2Moon’ event, held in Dubai, at The Huddle, CityMax Hotel, on Saturday, 3rd May.

It was 15 hours of non-stop music, featuring several artistes, with Melantha (the only Sri Lankan on the show), doing two sets.

According to reports coming my way, ‘Noon2Moon’ turned out to be the party of the year, with guests staying back till well past 3.00 am, although it was a 12.00 noon to 3.00 am event.

Having Arabic food

Melantha says he enjoyed every minute he spent on stage as the crowd, made up mostly of Indians, loved the setup.

“I included a few Sinhala songs as there were some Sri Lankans, as well, in the scene.”

Allwyn H. Stephen, who is based in the UAE, was overjoyed with the success of ‘Noon2Moon’.

Says Allwyn: “The 1st ever Noon2Moon event in Dubai … yes, we delivered as promised. Thank you to the artistes for the fab entertainment, the staff of The Huddle UAE , the sound engineers, our sponsors, my supporters for sharing and supporting and, most importantly, all those who attended and stayed back till way past 3.00 am.”

Melantha:
Dubai and
then Oman

Allwyn, by the way, came into the showbiz scene, in a big way, when he featured artistes, live on social media, in a programme called TNGlive, during the Covid-19 pandemic.

After his performance in Dubai, Melantha went over to Oman and was involved in a workshop – ‘Workshop with Melantha Perera’, organised by Clifford De Silva, CEO of Music Connection.

The Workshop included guitar, keyboard and singing/vocal training, with hands-on guidance from the legendary Melantha Perera, as stated by the sponsors, Music Connection.

Back in Colombo, Melantha will team up with his band Black Jackets for their regular dates at the Hilton, on Fridays and Sundays, and on Tuesdays and Thursdays at Warehouse, Vauxhall Street.

Melantha also mentioned that Bright Light, Sri Lanka’s first musical band formed entirely by visually impaired youngsters, will give their maiden public performance on 7th June at the MJF Centre Auditorium in Katubadda, Moratuwa.

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