Opinion
US double standards displayed by Ambassador Chung:
Draconian Patriot Act exposed
By Daya Gamage
Foreign Service National Political Specialist (ret)
U.S. Department of State
Six weeks after the September 11 attacks on American soil, the U.S. Congress passed the “USA/Patriot Act,” nation’s hurried surveillance laws that expanded the government’s authority to check on its own citizens, while simultaneously reducing checks and balances on those powers like judicial oversight, public accountability, and the ability to challenge government searches in court.
The Senate version of the Patriot Act was sent to the floor with no discussion, debate, or hearings. In the House, hearings were held, and a carefully constructed compromise bill emerged with no debate or consultation with rank-and-file members, the House leadership threw out the compromise bill and replaced it with legislation that mirrored the Senate version. Neither discussion nor amendments were permitted, and once again members barely had time to read the bill before they were forced to cast a vote on it.
It should be mentioned that all the obnoxious provisions of the USA PATRIOT ACT were in operation until the promulgation of the Freedom Act of 2015: long fifteen years. In fact, some provisions were preserved in the Freedom Act.
Before I present the draconian provisions of the USA/Patriot Act, it should be noted here how the U.S. Ambassador Julie Chung – when having a discourse with Justice Minister Wijayadasa Rajapakshe – had “expressed her strong desire”, of course on behalf of Washington policymakers, “to see extensive discussions, both public and parliamentary” on Sri Lanka’s proposed Anti-Terrorism Bill which is envisaged to replace the current Prevention of Terrorism Act (PTA).
In a Twitter feed, Ms. Chung referring to what was discussed during that meeting with Minister Rajapakshe on 20 April, noted her concerns with regard to certain aspects of the proposed Bill which fall outside of international standards.
She further highlighted that it is important that “all voices – including civil society, academia, and lawmakers – are considered to ensure the legislation serves as an effective tool for combating terrorism without restricting freedom of expression or assembly.”
These disgraceful double-standards of Washington policymakers and lawmakers – and of course their overseas diplomats – in dealing with Sri Lanka’s ‘national issues’ since the advent of the separatist war in the north and the insurrection in the south in the 1980s are now very broadly dealt with by two personnel who worked within the U.S. Department of State for thirty years in the area of foreign affairs: One is this writer who is a retired Foreign Service National Political Specialist once accredited to the Political Section of the U.S. Embassy in Colombo, and the other, Dr. Robert K. Boggs, a retired Senior Foreign Service (FS) and Intelligence Officer who served as Political Counselor at the Colombo Mission with a very broad knowledge of India’s ‘role’ in Sri Lanka. Their manuscript ‘Defending Democracy: Lessons in Strategic Diplomacy from U.S.-Sri Lankan Relations” is nearing completion with alarming disclosures, provocative analyses and interpretations based on their up-close and personal knowledge and understanding how Washington used ‘double standards’ in handling its foreign relations reducing Sri Lanka to some level of a client state. Sri Lanka’s own infantile behaviour dealing with her foreign relations since the 1980s contributed too to become a client state allowing ‘national issues’ to become ‘global’ ones.
When Ambassador Chung ‘advice’ the Sri Lanka government – through its Justice Minister – to undertake a wider and broad scrutiny of the proposed anti-terrorism legislation, Washington’s ‘double-standards’ are well exposed when our memory goes back to the manner in which it steamrolled the USA PATRIOT ACT in September 2001 documented above.
This writer doesn’t see any Sri Lankan lawmaker questioning Ambassador Julie Chung, purposely ignoring the manner in which the USA/Patriot Act came into America’s statute books with draconian features, enforced for fifteen years until the Freedom Act was brought in.
The American Civil Liberties Union (ACLU) had expressed that the “Congress and the Administration acted without any careful or systematic effort to determine whether weaknesses in our surveillance laws had contributed to the attacks, or whether the changes they were making would help prevent further attacks. Indeed, many of the act’s provisions have nothing at all to do with terrorism”.
The USA PATRIOT ACT increased the government’s surveillance powers in four areas:
Records searches. It expands the government’s ability to look at records on an individual’s activity being held by third parties. (Section 215)
Secret searches. It expands the government’s ability to search private property without notice to the owner. (Section 213)
Intelligence searches. It expands a narrow exception to the Fourth Amendment that had been created for the collection of foreign intelligence information (Section 218).
“Trap and trace” searches. It expands another Fourth Amendment exception for spying that collects “addressing” information about the origin and destination of communications, as opposed to the content (Section 214).
It is frustrating to remind Ambassador Julie Chung, and Washington policymakers who guide her, the undemocratic features in the US anti-terrorism act when she uses ‘double standards’ – as Washington always engage dealing with international affairs of which very broadly analysed in Robert Boggs-Daya Gamage’s forthcoming book – to advocate that there exist certain provisions in the Sri Lanka-proposed Anti-Terrorism Bill ‘outside of international standards’.
When the Bush administration brought the Patriot Act, it had scant regard for ‘international standards’.
There are three overlying undemocratic aspects of the Patriot Act: torturing suspects, indefinite holding of suspects, and spying on citizens.
How did Washington round-up Sri Lanka government during Ranil Wickremasinghe’s premiership at the turn of this century to engage in torture in “third-party countries” that were not part of the Geneva Convention? Do we have to remind Ambassador Julie Chung of this?
During the 2002-2004 peace negotiations, (between the Sri Lanka government and LTTE mediated by Norway and the U.S. directly involving in it) Washington did not scruple to use its influence to persuade the Wickremasinghe’s Government, which had foreign and defence portfolios under it, to help the U.S. avoid accountability before the International Criminal Court (ICC). In the fall of 2002 various State Department officials pressed Prime Minister Wickremesinghe repeatedly to sign a bilateral agreement under Article 98 of the Rome Statute, the treaty that in 1998 established the ICC. Under the treaty, such a bilateral agreement would immunise the citizens of each signatory state from being surrendered by the other to the jurisdiction of the (ICC) Court. The Wickremasinghe government did sign such an agreement in November 2002.
It was not coincidental that in October 2002 the U.S. and coalition partners launched a “shock and awe” bombing campaign and invasion of Iraq as part of the Global War on Terrorism (GWOT). At the same time, more than 9000 U.S. troops were battling Taliban militants in Afghanistan. The Bush administration clearly wanted to shield U.S. soldiers from ICC prosecution for inevitable charges of war crimes. In a report in 2016 the ICC’s Office of the Prosecutor found “a reasonable basis to believe” that since May 2003 “at least 54 detained persons” in Afghanistan were subjected to grave crimes by U.S. armed forces, including “the war crimes of torture and cruel treatment.” The same report further alleged that from 2003 to 2004 members of the CIA committed grave crimes, including “rape and/or sexual violence” against “at least 24 detained persons” in Afghanistan and other states. Measures taken by Washington to protect its combatants abroad from criminal accountability are particularly questionable in light of subsequent USG pressure on Sri Lanka–a signatory of an Article 98 agreement–to submit to international investigations for war crimes. U.S. hypocrisy and double-standards well displayed.
In August 2003 Prime Minister Wickremasinghe covertly authorized the USG’s use of Sri Lankan airspace and Bandaranaike International Airport (BIA) for Washington’s so-called “extraordinary rendition and detention programme.” This meant that the CIA could use the airport for the transfer of prisoners to the custody of other foreign governments or to secret CIA prisons outside the U.S. known as “black sites.” Washington engaged in this practice when in fact, extraordinary rendition and detention is clearly prohibited by the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment.
There were at least two flights during June and August 2003 that used BIA to transport terrorist suspects. One flight operated by Richmor Aviation (a company that operated flights for the CIA for extraordinary rendition) is known to have landed in Sri Lanka during June 19-20, 2003 shortly after the apprehension in central Thailand of Mohammed Farik Bin Amin, alias Zubair Zaid, a Malaysian who is alleged to have been a senior member of Jemaah Islamiyah and al Qaeda. Documents inspected by this writer and his co-author Robert Boggs for their manuscript show that another Richmor aircraft flew from Washington, DC to Bangkok, and then transited BIA on August 13-14 before flying on to Afghanistan, Dubai and Europe. That flight coincided with the capture in Thailand of alleged Indonesian terrorist leader Riduan Isamuddin (a.k.a. Hambali) and Malaysian Mohammed Nazir Bin Lep, (a.k.a. Lillie). All three of these men reportedly were later detained and interrogated at CIA black sites and were later transferred to U.S. custody at Guantanamo Bay. Also in August 2002, the Sri Lanka government arrested a person wanted by the U.S. who was hiding in Sri Lanka and handed him over to the CIA.
The above is to remind Ambassador Chung of the manner in which Washington executed the Global War on Terrorism (GWOT) when she and her Washington-guided policymakers engage in ‘double-standards’ in ‘advising’ Sri Lanka how to draft ‘terrorism legislation’ to ‘keep with international standards’.
Section 802 of the USA PATRIOT ACT made domestic terrorists subject to the same punishments (torture) as international terrorists and defined domestic terrorism as: “An act dangerous to human life” that is a violation of the criminal laws of a state or the United States, if the act appears to be intended to: (i) intimidate or coerce a civilian population; (ii) influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination or kidnapping.”
The Patriot Act allowed for spying by the United States government on everyday people without warrant, by means of Foreign Intelligence Surveillance Act (FISA) Courts and direct legislation.
The American Civil Liberties Union points out how judicial review or oversight lacked under the Patriot Act: “Judicial oversight of these new powers is essentially non-existent. The government must only certify to a judge – with no need for evidence or proof – that such a search meets the statute’s broad criteria”.
Both domestically and internationally, the Patriot Act set a precedent of undemocratic legislation to prevent terrorism through violations of civil liberties. Through direct amendments and in conjunction with “brother bills,” the Patriot Act allowed for, pushed, and resulted in more undemocratic legislation, ultimately resulting in the US Congress-ratified Freedom Act of 2015.
The first major direct modification was the USA PATRIOT Act Improvement and Reauthorization Act of 2005, which made 14 provisions permanent and extended several controversial sections until 2009, such sections as: 206, which allowed the National Security Agency (NSA) to access FISA Courts and to wiretap any communication of a suspect; the other is Section 215, which allowed the NSA to collect every phone call made to and from the United States; and provisions from the Intelligence Reform and Terrorism Prevention Act of 2004, which “permitted the FISA Court to authorize surveillance and physical searches aimed at foreign nationals who are ‘engaged in international terrorism or activities in preparation for international terrorism”‘.
The biggest specific precedent created by the Patriot Act was the direct transition to the USA Freedom Act of 2015, which corrected some of the abuses allowed by the Patriot Act, but left others unchecked. Many of the major provisions of the Patriot Act were set to expire that year and instead of renewing them, the government introduced a new bill with less controversy. Drafters of the bill claimed that the government could only access certain data after submitting public requests to the FISA Court, marking a big difference from the Patriot Act. In 2015, a few major sections of the Patriot Act were set to expire, including Sections 206 and 215 mentioned above. Even without the Freedom Act, the legality of Section 215 was headed to the Courts regardless, as the United States Court of Appeals for the Second Circuit ruled that the Patriot Act was not enough justification to allow bulk metadata collection (Patriot Act 2017). Luckily, it never had to go farther because Congress scrapped the Patriot Act and got partially rid of that section, but the Freedom Act is by no means innocent of civil liberties violations.
Does Ambassador Julie Chung get it? And does Justice Minister Rajapaksha comprehend?
This clearly shows how the USA PATRIOT ACT of 2001 was in operation for a full fifteen years until certain changes were made in the Freedom Act of 2015.
As described recently by CNN International socio-political news presenter Fareed Zakaria:
“America’s unipolar status has corrupted the country’s foreign policy elite. Our foreign policy is all too often an exercise in making demands and issuing threats and condemnations. There is very little effort made to understand the other side’s views or actually negotiate. . . . All this evokes the inertia of an aging empire. Today, our foreign policy is run by insular elite that operates by mouthing rhetoric to please domestic constituencies—and seems unable to sense that the world out there is changing, and fast.” (xA)
The study undertaken by this writer and his co-author Dr. Robert Boggs should help readers to decide to what extent Zakaria’s troubling diagnosis is accurate and, if so, whether the U.S.-Sri Lanka experience offers relevant lessons for remedial action.
This writer’s intention is to underscore Washington’s double standards – well reflected by its ambassador recently when in conversation with Justice Minister Wijayadasa Rajapakshe – to bring some sense to authorities in Colombo.
At the time that the United States was pressuring Colombo to accept “national, international, and hybrid mechanisms to clarify the fate and whereabouts of the disappeared,” the USG had not itself ratified the UN convention of 2006 requiring state party to criminalize enforced disappearances and take steps to hold those responsible to account. Despite a resolution passed by the U.S. House of Representatives on November 19, 2020 calling on the USG to ratify the international convention, this still has not happened. The U.S.’ long history of rejecting accountability is strongly rooted in legislation.
The American Service-Members Protection Act (ASPA) was an amendment to the 2002 Supplemental Appropriations Act (H.R. 4775) passed in response to the 9/11 terrorist attacks and the launch of the so-called Global War on Terror. The ASPA aims to “protect U.S. military personnel and other elected and appointed officials of the Government against prosecution by an international criminal court to which the U.S. is not a party.” Among other defensive provisions the Act prohibits federal, state and local governments and agencies (including courts and law enforcement agencies) from assisting the International Criminal Court in The Hague. It even prohibits U.S. military aid to countries that are parties to the Court. As mentioned above, In 2002, during the administration of Prime Minister Wickremesinghe, the GSL signed with the U.S. an “Article 98 Agreement,” agreeing not to hand over U.S. nationals to the Court.
Washington and its ambassador in Colombo continue to engage in hypocrisy and double-standards when all this evidence is available in the public domain.
(The writer is a retired Foreign Service National Political Specialist of the U.S. Department of State once accredited to the Political Section of the U.S. Embassy, Sri Lanka)
Opinion
Professor Thiru Kandiah: The Man; the Giant
By Lilani (Appadurai) Jayatilaka
Yesterday, we received the sad news that Professor Thiru Kandiah had passed on. In a letter that he had been crafting to my husband Tissa, but which remained unsent in his drafts folder until his daughter Shivanthi shared it with us today, he had referred to Dylan Thomas’ moving poem to his ageing father ‘Do not go gently into that good night’. Though Prof Kandiah acknowledged the innate desire to ‘rage, rage against the dying of the light’, he accepts that such an attitude to ageing and death, could be both a ‘blessing’ and a ‘curse’ and that ‘the more sensible course would most likely be to recognize it as simply inevitable and learn to live with it’. Perhaps that is true, but it is a truth that is hard to accept, especially when we know that the world is that much smaller, that much poorer with the passing of this gentle, intellectual giant.
I first met Prof Kandiah in my first year as a student of English at Peradeniya. At the time he was a relatively young lecturer and he seemed to fill the lecture room with his presence. He was never still; he never sat down. He strode from one end of the room to the other as he delivered his first lecture. That first lecture was on the Word Stock of English. Almost 50 years later, I can remember every word of that lecture along with the diagram he drew on the blackboard to illustrate the relationship between core words and borrowed or constructed words in the English language.
As someone whose special area of expertise was linguistics, he had, in my opinion, the driest of topics to handle. But Prof Kandiah was so engaged with the topics he had to teach, that he was able to make them interesting to us as well. And his concern for the welfare of his students did not end in the lecture room at the end of the day. Both he and Prof. Halpe took a lively interest in our welfare and in our performance as their students. We were invited several times to Prof. Kandiah’s home during the four years we were at Peradeniya, when both he and Mrs. Kandiah made us welcome and treated us to some delicious home-cooked meals. As we were away from home and subject to the vagaries of indifferent cooks at our halls of residence, these dinner invitations were greatly appreciated.
Prof Kandiah’s areas of interest extended well beyond the sphere of linguistics. As the lecturer in charge of the MusicSoc and DramSoc at Peradeniya, we were all roped into the activities of these two societies. When Edward Albee’s play, ‘Who’s Afraid of Virginia Woolf?’ was brought to Peradeniya from Colombo with (I believe) the McIntyre duo taking lead roles, we were ferried by Prof Kandiah across campus grounds to sell tickets for the play. I was President of the DramSoc that year and was in charge of seeing that the stage set was ready for the actors. A crucial prop for this play was a sofa which I had failed to procure in time for the performance. Panic stricken, I coerced my bemused aunt who lived in Kandy to part with hers, so that the play could run smoothly. Throughout this fiasco, Prof Kandiah remained calm and comforting, a rock amidst the chaos, never uttering a single word of blame, though I well deserved it.
But linguistics was his passion and he was so invested in teaching it, that he would continue to teach even when he was beset by migraines. We could see that his eyes were screwed up in pain, but he would carry on nevertheless. Apart from linguistics, he also taught us practical criticism on occasion, when he, in the manner of F.R Leavis, would dissect a poem word by word until he had extracted its essence and its every nuance.
My friends and I were inspired and excited by the intellectual stimulation provided by the English Department, and somehow, the very environs of Peradeniya seemed to enhance our understanding and appreciation of English literature. We were dazed and dazzled by all that Peradeniya had to offer: intellectual stimulation of the formal kind in lecture halls and of the less formal kind in debates and discussions late at night with close friends in the privacy of our halls of residence; plays and musical performances to be watched on stage or at the Wala, sitting on the damp steps of the open air theatre surrounded by flares while we watched a performance of ‘Maname’ or ‘Sinhabahu’; trekking half way uphill to the Anglican church for Sunday services or further uphill on Mahasivarathri for an all- night vigil of sorts at the Hindu Kovil; bathing in the nearby Mahaweli river – an action that was strictly forbidden by university authorities and thereby all the sweeter; watching movies at the American Centre in town; or taking the bus into town for a welcome respite from hall food at Lyons’ Café. The list is endless and its joys cannot be quantified.
In sampling all that Peradeniya had to offer, I had spread myself thin and Prof. Kandiah became concerned that I might be losing focus. He called me home to give me a gentle ‘talking to’ which had the desired effect. In the years since, my husband Tissa and I, along with some of my closest friends, have maintained a close relationship with Prof and Mrs. Kandiah. Whenever they visited Sri Lanka, they made it a point to meet us for a meal. Through the years, he has continued to hold our attention with his intellectual prowess, his facility with the language and his knowledge.
Nothing had changed. When he wrote to us, we could be sure that there would be one or two words that we had never come across before; when he spoke to us, we would listen spell-bound as he declaimed on various topics of interest. His letters were specially crafted missives -compassionate and warm, yet intellectually stimulating and thought provoking. The last time he visited Sri Lanka was to attend his brother- in -law’s memorial service, and though we chatted briefly after the service, we were not able to share a meal as was our usual wont. But on his previous visit, we watched as Prof Kandiah, older, slightly stooped and noticeably frailer than before, walked away holding Mrs. Kandiah’s hand for support. It is a tableau that haunts us to this day, for we could clearly see the ‘dying of the light’ in his physical deterioration and we could not but ‘rage’ at its inevitability.
Opinion
Rethinking our attitude towards three-wheeler industry
by Sampath Perera
An ordinary journey through Colombo raises uncomfortable questions about road discipline, passenger safety and our tendency to judge motorists by the vehicles they drive.
It was a little past noon when I finished attending a court matter and remembered that I had to visit a nearby bank before returning to my other work. The bank was hardly a kilometer away, a distance I would normally have walked without giving it much thought. However, anyone who has walked through Colombo in formal court attire under the scorching midday sun would appreciate why I was reluctant to do so. Taking my own vehicle was not particularly appealing either, as finding a parking space near a bank during business hours can sometimes take longer than the transaction itself.
After considering my options, I decided to take a three-wheeler, a perfectly ordinary decision that unexpectedly left me reflecting on the way we judge those who drive them. Within minutes, I was seated in the rear, travelling through the usual Colombo traffic. It was convenient, reasonably priced and saved me the trouble of searching for parking or arriving at the bank drenched in sweat. As we approached a busy junction, however, a car suddenly cut across our path without any indication. Its driver appeared determined to squeeze into a narrow gap, apparently unconcerned about the vehicles already occupying the road. Our three-wheeler driver immediately applied his brakes, throwing me slightly forward in my seat. Fortunately, he reacted quickly enough to avoid a collision, while the car continued on its way as though nothing unusual had happened.
The incident itself was hardly extraordinary by Colombo’s standards, but it made me consider how differently we might have reacted had the situation been reversed. If a three-wheeler had suddenly cut across a car in the same manner, the driver would probably have been subjected to angry horns, harsh words and the familiar accusation that three-wheeler drivers have no respect for road rules. Yet when someone driving a comfortable, air-conditioned car behaves just as irresponsibly, we tend to treat it as another unpleasant encounter in traffic. It seems that, in our public discussions about road discipline, the seriousness of an offence sometimes depends not so much on what a driver does, but on the vehicle he happens to be driving.
This is not an attempt to portray three-wheeler drivers as innocent victims of unfair criticism. Anyone who regularly travels on Sri Lankan roads knows that some drivers behave recklessly, stopping without warning, making dangerous U-turns, disregarding traffic signals and squeezing through gaps that sensible motorists would avoid. Such conduct deserves criticism and, where appropriate, legal action. Nevertheless, it would be equally dishonest to pretend that these practices are confined to three-wheelers. A few minutes spent observing traffic at a busy Colombo junction would reveal expensive cars changing lanes without indicating, SUVs obstructing pedestrian crossings, motorcycles weaving dangerously between vehicles and buses stopping wherever passengers signal them to do so.
What is troubling is our tendency to turn the misconduct of an individual three-wheeler driver into an indictment of an entire profession. A badly parked three-wheeler becomes another example of everything wrong with the industry, while a luxury car obstructing a pavement is generally treated as the irresponsible conduct of its particular driver. Perhaps this difference in perception has become so familiar that we rarely question it. Yet the law makes no distinction between an illegally parked vehicle costing several million rupees and one purchased through a modest leasing arrangement. Both can obstruct traffic, inconvenience pedestrians and create dangerous situations for other road users.
There is also considerable irony in our relationship with three-wheelers. We complain about their presence on the roads, accuse them of contributing to congestion and criticise the behaviour of their drivers, but the moment we need to reach somewhere quickly, avoid a parking problem or transport an elderly relative to a nearby hospital, we often turn to the very vehicles we complain about. In many rural communities, where public transport remains inadequate, three-wheelers provide an essential connection between homes, hospitals, markets and bus routes. Their contribution to everyday mobility is difficult to dismiss, particularly for people who cannot afford private vehicles or have limited transport alternatives.
The driver who took me to the bank that afternoon was simply earning his living. For him, the three-wheeler was not a symbol of traffic disorder or a subject for public debate, but a means of supporting himself and possibly a family. He had provided a useful service and, when confronted with another motorist’s carelessness, demonstrated the kind of defensive driving that we should expect from everyone using our roads. By the time I paid the fare and stepped out near the bank, I found myself wondering whether our criticism of three-wheelers sometimes says as much about our own prejudices as it does about genuine concerns over road safety.
That question becomes particularly relevant when we consider one of the strongest arguments made against three-wheelers: passenger safety. There is no denying that a conventional three-wheeler offers considerably less protection in a collision than a modern passenger car equipped with airbags, seat belts and a reinforced passenger compartment. Its lightweight construction and limited structural protection expose occupants to risks that should never be underestimated. But acknowledging those limitations is quite different from suggesting that such vehicles have no legitimate place on our roads. If the absence of a protective passenger compartment is sufficient reason to question a vehicle’s acceptability, we must also consider motorcycles and bicycles, whose riders are even more exposed to the consequences of a collision.
A motorcyclist has little protection beyond a helmet and appropriate riding equipment, while a cyclist has neither airbags nor a surrounding metal structure to absorb the impact of an accident. Pedestrians are more vulnerable still, particularly on roads where pavements are obstructed or entirely absent. Yet nobody would seriously argue that walking or cycling should be discouraged simply because these activities involve greater physical exposure. The sensible response is to improve road conditions, regulate speeds, strengthen vehicle standards and ensure that motorists respect vulnerable road users. The World Health Organization has consistently emphasised this broader approach to road safety, recognising that pedestrians, cyclists and motorcyclists account for a substantial proportion of road traffic deaths worldwide.
The comparison does not mean that all vehicles are equally safe, nor should it be used to minimise the genuine risks associated with three-wheelers. Different vehicles offer different levels of protection, and their safety depends on design, maintenance, speed, road conditions and the circumstances of a collision. However, there is something fundamentally flawed in assuming that a vehicle becomes unacceptable merely because it cannot provide the protection available in a modern car. If that were the standard, we would have to reconsider the place of several widely used forms of transport. More importantly, we would risk overlooking the responsibility of drivers whose behaviour can turn an otherwise ordinary journey into a dangerous encounter.
There is an equally questionable assumption that travelling in a larger or more expensive vehicle somehow reflects greater responsibility on the road. A modern car may provide better protection to its occupants, but its safety features cannot compensate for the arrogance or carelessness of the person behind the steering wheel. An SUV equipped with advanced braking systems and multiple airbags can still be driven recklessly, and its greater weight may increase the danger to pedestrians, cyclists and smaller vehicles in certain collisions. Road safety cannot therefore be measured solely by how effectively a vehicle protects its occupants. It must also consider the risks that vehicle presents to everyone else sharing the road.
Perhaps what we need is a more balanced understanding of road safety, one that recognises the limitations of three-wheelers without turning their drivers into convenient villains. There is every reason to demand better vehicle standards, responsible driving and stronger enforcement, but those expectations must apply equally to motorists operating cars, buses, motorcycles and commercial vehicles. A reckless driver does not become less dangerous because he is seated inside an expensive car, just as a responsible three-wheeler driver should not be treated with suspicion merely because his vehicle has one wheel fewer.
The experience of that afternoon reminded me that our roads are shared public spaces, not a hierarchy determined by the price, size or appearance of the vehicles using them. The three-wheeler that took me to the bank served a practical purpose, while the driver of a more expensive vehicle created the only dangerous moment of the journey. It would be unreasonable to draw conclusions about all car drivers from that single incident, just as it would be unfair to judge an entire profession by the misconduct of a few three-wheeler drivers. If we genuinely want safer roads, perhaps we should begin by judging people according to how they drive rather than what they drive.
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Sampath Perera, LL.M. (UK), is an Attorney-at-Law and former Commissioner of the Office on Missing Persons (OMP). He has served as Legal Adviser to the Ministry of Justice and the Ministry of Higher Education.
Opinion
The Balance of power The valiant, the vain and the villain
by Bishop Duleep de Chickera
The Valiant
Centuries ago, the intervention of a Persian king, restored a degree of balance of power in the West Asian region. In the 6thc, BCE, Cyrus the Great of Persia, put a stop to the aggressive expansionism of the Babylonian empire and set the exiled Jews free.
After Cyrus’s death, his successor Darius was made aware of his predecessors’ plans to do even more. Commissioning some competent Jews, he fulfilled Cyrus’s intentions by restoring the ravaged city of Jerusalem and its venerated temple.
The Jews were overwhelmed. They would remember the valiant one who revived the essence of their nationhood. And so, the story of Cyrus the Persian, acknowledged as the ‘Anointed Deliverer’, the ‘Messiah’, came to be etched in the Jewish Scriptures (The Bible-Ezra 1- 6:15, Isaiah 44: 28, 45: 1-13).
Empire and Empires
This stirring story impacted Christianity as well. As former Jews, the earliest Christians were familiar with the hardship experienced under Babylonian imperialism. This led to the secret identification of the then brutal Roman Empire, as ‘Babylon’. The pseudonym worked so well that some Christian writings and communities applied it to other marauding forces that crushed peoples and looted their lands.
Vain politics
Today the world witnesses an ironic alliance of relentless bullying between the progeny of ‘Babylon’ and Jew. Together the US and Israel do to others what Babylon did to the Jews, and what their Book tells the Jews they are never to do to others.
The alliance’s agenda is straightforward. While one randomly ridicules and threatens sovereign nations, the other is quick to fabricate evidence that leads to the decimation of infants, children and unarmed civilians; all on the pretext of self-defence. Thereafter, security zones carved out on other people’s property mock what is left of International law, ‘friendly’ nations are intimidated into buying killing devices at thumping profits and military bases emerge on these territories in exchange for protection. The war with Iran, Cyrus’ Persia of today, is integral to this agenda.
Enter the villain
Iran, one of the most ancient and advanced civilisations of the world, has since its Islamic revolution of 1979 come under a despotic theocratic governance. It has crushed internal dissent and the clamour for participatory governance among its own people, prevented the growth of democratic institutions, trained and financed para-military forces to resist Israel’s settler colonialism and challenged the influx of western interests in the region. In return Iran has been relentlessly caricatured as global villain and subject to the wrath of the western mind- set and its propaganda industry.
The campaign to demonise Iran has been so clever that many of her neighbours who share a long cultural history, stand shoulder to shoulder today with vain intruders bent on crushing the only nation it cannot subdue, in a region they have no business to meddle in.
The nerve to be
Wars do strange things. They slaughter good men and women on all sides, cause chaos and misery wherever it spreads and never stops to explain to the children who survive, that this madness was simply to satisfy the egos of the vain.
But wars also change human perception. And there are signs that the current war on Iran, (It must never be the ‘Iranian war’, as it should never have been the ‘Korean war’, the ‘Vietnam war’, the ‘Afghanistan war’ and so on), is changing global perception.
Slowly, the devious stereotype of global saviours versus regional villain, is being redefined. While the hard questions on participatory, good governance must remain to haunt and transform Iran, the villain is now being acknowledged, however grudgingly, as the one nation that refused to back down in the face of global bullying. This too at tremendous personal cost to the lives of its people, infra-structure and future stability. In a world of cowardly political expediency, costly resistance attracts attention; even admiration.
There is more. The resilience of the vilified villain in the current war appears to have strengthened the nerve of the repeatedly humiliated European and British allies of the alliance, who at last learnt to say ‘no’. A first, to an ‘order’ to join an unprovoked and senseless far away war, backed with a second, when pressed to police the Straits of Hormuz. Typical of handling the playground bully, all it takes is for one little girl to hold her ground.
It does not stop here. Sheer desperation at Iran’s unsettling tenacity shamelessly drove Babylon into the arms of other neutral powers that it repeatedly ridicules and badgers with threats of tariffs and more tariffs. Regardless of a sudden demonstration of charming diplomacy, these nations would have no part in twisting Iran’s arm. Some instead, seized the opportunity to address Babylon on its arbitrary violation of International Law and warned it to refrain from global bullying. Since then, there have been less threats on the annexation of Greenland and interference in Cuba’s internal affairs.
The right balance
Like war does, resistance to war also does strange things. While the refusal to yield stimulates active defiance among some, and strongly worded objections from others, the outcome of the current conflict is hugely unpredictable. An independent, safe and stable region, made up of independent, safe and stable nations, is many, many courageous interventions and many, many wise negotiations away.
But one thing is clear. Isolated from its traditional allies, subject to straight talk from neutral nations and under growing pressure from saner elements at home, the vain find themselves uncomfortably seated as equals at one table. Here, Iranian geo- political strategies coupled with a measured readiness to return to arms in the event that table agreements are violated, will hold them; but for a while.
Given this footpath to a balance of power that Cyrus’s Persia of today has paved, it is now left to all who value the sovereignty and dignity of all nations, theirs included, and the indispensability of International law, to step out and help steer this momentum.
In the event that this happens, dismantling the visible acts of global bullying alone, will not be enough. The impulse of this crime, flourishing brazenly in the big businesses and assembly halls in the big cities of the world, and more subtly tucked away in the fabric of reputed places of learning, religiosity and leisure, will also have to be called out and neutralised.
Postscript
At the time of writing, a humanitarian crisis looms over Lanka’s southern seas. Historically renowned for her spontaneous hospitality even in the worst of times, Lanka finds herself constrained from responding to the desperate cries for supplies; water, food and fuel, from a stranded fleet of Commercial ships, simply because they fly the Iranian flag. Regrettably, Babylon’s typical threat of sanctions appears to be driving our economically vulnerable Island nation, to the brink of compromising our time tested right to be humane.
With peace and blessings to all
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