Midweek Review
20 A: Govt. takes a step back…
Justice Minister Ali Sabry, PC, receiving his letter of appointment from President Gotabaya Rajapaksa.
By Shamindra Ferdinando
Samagi Jana Balavegaya (SJB) National List nominee, Attorney-at-law Shiral Lakthilaka, teamed up with the editor of Anidda, Attorney-at-law K.W. Janaranjana, on August 9, 2020, on Derana ‘Aluth Parlimenthuwa’ to target the proposed 20th Amendment to the Constitution. They took on former President of the Sri Lanka Bar Association (BASL) U.R. de Silva PC, and Attorney-law-Kanishka Vitharana.
The writer participated in the live two-hour discussion, anchored by Attorney-at-law Sanka Amarjith. The programme dealt with 19th and 20th Amendments.
During the debate, both De Silva and Vitharana acknowledged the need to amend the proposed draft 20th Amendment. The former President of the BASL revealed that Justice Minister Ali Sabry PC accepted the need to retain Article 53 of the Constitution which required Ministers to take an oath against separatism. De Silva said so in response to the writer seeking an explanation why such a dangerous lapse was allowed to slip through by the SLPP (Sri Lanka Podujana Peramuna).
The writer pointed out even the treacherous yahapalana administration, that betrayed the war-winning armed forces, in Geneva, in Oct 2015, didn’t let through something so obvious.
The National Joint Committee (NJC), in a statement issued on Sept. 6, 2020, raised the issue in respect of Article 53 of the Constitution. The NJC said: “We are astonished at the decision of the Government to amend Article 53 of the Constitution which mandatorily requires Ministers to take the oath against supporting and promoting a separate state, (i.e. the 7th Schedule introduced by the sixth amendment) and by restricting it to the original oath prescribed in the fourth schedule. Article 61D of the proposed amendment; too, require the public officers to take the fourth schedule oath that existed in the original Constitution and not the oath prescribed in the seventh schedule introduced by the sixth amendment.”
The NJC also emphasized the urgent need to repeal the 13th and 16th Amendments. The Sept. 6 statement was the second issued by the NJC, on the same matter.
The writer, on Sept, 10, 2020, raised serious concerns expressed by the National Joint Committee (NJC), Federation of National Organizations (FNO) and Manohara de Silva, PC, at the post-cabinet media briefing, at the Government Information Department. The media received an assurance from Co-cabinet spokesperson and Pivithuru Hela Urumaya (PHU) Leader Udaya Gammanpila that the government would definitely look into concerns expressed by nationalist groups and Sri Lanka’s Ambassador in Myanmar Prof. Nanlin de Silva.
Cabinet spokesperson Keheliya Rambukwella and other co-cabinet spokesperson Dr. Ramesh Pathirana did not comment on the matter. Prof. De Silva strongly criticized some sections of the 20th Amendment. The academic, in a statement sent to The Island, alleged that the media didn’t provide sufficient coverage to his concerns.
SJB et al exploit 20 A
The continuing controversy over the 20th Amendment drastically changed the political situation. Unexpected opposition from even those who campaigned against the yahapalana administration, throughout its rule, really unsettled the SLPP. The badly depleted Opposition received a tremendous boost, by way of the 20th Amendment, replete with obvious flaws. The main Opposition SJB swiftly exploited the situation to its advantage.
Lakthilaka, who had been an advisor to the then President Maithripala Sirisena, before switching allegiance to the SJB, expertly demolished the draft 20th Amendment. The prominent civil society activist, however, repeatedly emphasized that he solidly stood for the presidential system of governance though he strongly disliked, what he termed, President Gotabaya Rajapaksa’s move to secure dictatorial powers for himself, at the expense of the Parliament.
The writer asked those who backed the 19th Amendment whether the public demanded an elected President, deprived of the right to hold a defence portfolio? Having pointed out that the draft 20th Amendment accommodated some key features in the 19th Amendment, such as five-year terms for both the President and Parliament and two-term limit for a person to hold presidency, the writer reiterated concerns expressed by those who backed Gotabaya Rajapaksa and the SLPP at the Nov. 2019 presidential and Aug 2020 general election, respectively.
Dr. Gunadasa Amarasekera, on behalf of the FNO, on Sept. 09, 2020, requested President Gotabaya Rajapaksa to review the proposed 20th Amendment to the Constitution. Dr. Amarasekera requested the President not to abolish Article 53 of the Constitution and raised matters related to the formulation of a new Constitution.
The FNO asked the SLPP government to establish a mechanism to (1) accept public proposals as regards a new Constitution (11) suspend Provincial Council polls until the enactment of the new Constitution and (111) far reaching alterations to the proposed 20th Amendment approved by the Attorney General before the Government Printer issued the relevant gazette.
The FNO also called for rectification of technical and wrongful policy decisions, in addition to members of the cabinet given an opportunity to provide comments, in writing. Having rectified mistakes, the government would have to amend the draft 20th Amendment and re-gazette it, Dr. Amarasekera told the writer.
The civil society group emphasized that it would be a mistake to bring in amendments at the committee stage as it could create a situation, similar to that of the passage of the 19th Amendment.
The FNO also requested the following provisions altered: (1) do away with the proposal in the 20th Amendment to reduce the number of days from 14 to seven available for the public in respect of enactment of urgent bills (ii) abolish provisions relating to the enactment of urgent bills as successive administrations abused them (iii) rescind the proposal to amend Article 53 of the Constitution which required members of Parliament to take an oath against supporting and promoting a separate State (iv) remove proposal to allow dual citizens to enter Parliament. In addition, it urged the government to extend that law to cover the Governor of the Central Bank, Attorney General, IGP, Auditor General, Service Commanders, Judges of the Supreme Court, and Secretaries to Ministries and (v) abolish the move to do away with the National Audit Commission and also to ensure that no state institution is exempted from audits.
The FNO appreciated the SLPP decision to retain the two-term limits on presidency as well as the five-year terms for both the President and the Parliament.
BASL, PM step in
Interventions made by nationalist organizations didn’t receive sufficient coverage in both the print and electronic media. Some sections of the media conveniently refrained from reporting their concerns.
Amidst growing opposition to the much touted 20A, because of its glaring flaws, the BASL, on Sept. 11, 2020, appointed a special 14-member committee, headed by Nihal Jayamanne PC, to inquire into the 20th Amendment. Secretary to the BASL, Rajeev Amarasuriya, in a statement, explained that the Jayamanne committee would also address law’s delays and other related matters undermining the administration of justice. The committee also comprises Ikram Mohamed PC, M.M. Zuhair PC, L.M.K. Arulanandam PC, Prasantha Lal de Alwis PC, Nihal Jayawardene PC, Nalin Ladduwahetty PC, Maithri Wickramasinghe PC, Uditha Egalahewa PC, Anura Medagoda PC, Mohan Weerakoon PC, S.T. Jayanaga PC, Priyal Wijayaweera PC, and Maurapada Gunawansha,PC. Ravi Algama and Shantha Jayawardena are its convenors.
Among the group, M.M. Zuhair is the only former Member of Parliament. Zuhair represented the People’s Alliance (PA) as a National List member, during Chandrika Bandaranaike Kumaratunga’s tenure as the President. It wouldn’t be too hard to reach a consensus on required amendments to the proposed 20th Amendment.
The current political leadership, the Opposition and the BASL, should take into consideration concerns raised not only by nationalist groups but those who backed the enactment of the 19th Amendment to the Constitution, in early 2015. Having made the UNP project to dilute powers of the President, by way of the 19th Amendment, a reality, SLFP leader Maithripala Sirisena, as a candidate at the 2020 general election, campaigned for the abolition of the same.
Let us hope that the Executive Committee of the BASL and the Bar Council act on recommendations made by Jayamanne’s committee. The BASL announcement made it clear that the 20th Amendment is a flawed document, though the Attorney General cleared it, in terms of the Constitution. The AG asserted that the 20th Amendment could be adopted by a two-thirds majority in Parliament, sans a referendum.
Regardless of that, in addition to the Opposition, and some sections of the civil society, the government, too, realized the rapidly developing crisis, caused by the draft 20th Amendment.
Despite having secured a historic near two-third majority last month, the SLPP self-inflicted a major injury by way of the draft 20th Amendment. Premier Mahinda Rajapaksa’s decision to name a nine-member group, consisting of SLPP lawmakers,to examine the draft 20th Amendment, is also evidence that in its current form the draft is a flawed document. The Premier’s Office made the announcement on Sept. 12.
The Premier’s team comprises SLPP Chairman and Education Minister Prof. G.L. Peiris, Justice Minister Ali Sabry PC, PHU leader and Energy Minister and Attorney-at-law Udaya Gammanpila, Labour Minister and Attorney-at-law Nimal Siripala de Silva, Jathika Nidahas Peramuna leader and Industry and Commerce Minister Wimal Weerawansa, Education Reforms, Promotion of Open Universities and Distance Learning State Minister and Attorney-at-law Susil Premajayantha, State Media Minister Sathasivam Viyalendran, MP Dilan Perera and MP and Attorney-at-law Premanath C. Dolawatte.
Nimal Siripala de Silva represents the SLFP whereas the appointment of Viyalendran, a former Tamil National Alliance lawmaker, is significant.
Premier Rajapaksa called for the report by Sept 15, according to his office. However, Minister Weerawansa, on Saturday (12), said that examination led to the SLPP paying a huge price for not being tactful in handling the 20th Amendment. However, the SLPP’s readiness to address the concerns, raised by various parties, should be appreciated and recognized as a positive development to openly accept shortcomings, when pointed out.
Prez Gotabaya’s response
President Gotabaya Rajapaksa, on Friday (11), assured Manohara de Silva, PC, and SLPP National List member Gevindu Cumaratunga, of his readiness to submit a fresh draft by rescinding the controversial current draft of the 20th Amendment. The President’s Counsel, and the MP, met the President, on behalf of the National Joint Committee (NJC) and civil society group Yuthukama. The assurance was given in the wake of Prime Minister Mahinda Rajapaksa, too, assuring SLPP coalition partners a new draft would be presented in Parliament. The Premier’s move was revealed by Minister Wimal Weerawansa, at a public rally he addressed, at Avissawella, a on Saturday (12).
The government responded quite wisely by deciding to withdraw the draft 20th Amendment, amidst the Opposition, and those opposed to the SLPP, exploiting the situation to their advantage. The SLPP struggled to cope up with the Opposition attacks as well as criticism directed by several civil society groups.
Polls monitoring group PAFFREL (People’s Action for Free and Fair Elections) warned the SLPP that though the coalition secured a nearly two-thirds majority, at the recently concluded general election, it was not empowered to introduce whatever it desired. In a strongly worded statement, issued on Sept. 13, PAFFREL’s Executive Director Rohana Hettiarachchi pointed out that the electorate twice endorsed the SLPP’s move to abolish the 19th Amendment. However, the SLPP shouldn’t abuse the people’s mandate to introduce an Amendment merely to suit its agenda, regardless of hostile public sentiment. While recollecting how only UPFA lawmaker Rear Admiral (retd.) Sarath Weerasekera voted against the 19th Amendment in 2015, Hettiarachchi urged members of the 9th Parliament not to do anything they would regret later.
Transparency International Sri Lanka (TISL), too, expressed serious concern over the proposed 20th Amendment when its Executive Director Asoka Obeyesekere recently explained how the proposed law could undermine the monitoring of public spending, Commission to Investigate Allegations of Bribery or Corruption (CIABOC), curtailment of the Election Commission’s powers and operation of RTI (Right to Information) Law.
Obeysekere didn’t mince his words, at a recent media conference at the TISL office, where he declared: “The proposed 20th Amendment also removes the Audit Service Commission and National Procurement Commission, key institutions intended to act as a check on public spending. By removing any mention of the Audit Service Commission, the proposed 20th Amendment effectively renders the National Audit Act obsolete. The National Audit Act provides the Audit Service Commission with considerable powers, including the ability to impose surcharges on public officials, who cause losses to the state. The removal of the Audit Service Commission will invalidate this essential power.
Despite the mandate of the National Procurement Commission not being fully operationalized, the existence of the institution is nonetheless important to ensuring a transparent and accountable procurement structure. Public procurement is a high-risk area for corruption. Whilst recognizing the importance of the President’s own commitment as clearly enunciated in his manifesto to eradicate corruption and promote efficiency, we call on the government to recognize the importance of the institution of an independent procurement commission to realize this commitment.”
The TISL refrained from commenting on other contentious matters, such as the proposed setting up of a five-member Parliamentary Council in place of the highly flawed 10-member Constitutional Council, abolishing limit on the number of cabinet and non-cabinet ministers, doing away with the prohibition on dual citizens to contest parliamentary election, denying the citizens right to file fundamental rights cases against the President, naming the Attorney General as the respondent. Many an eyebrow was raised when the age limit of those seeking the Office of the President were lowered to 30. Some of the provisions in the 20th Amendment disappointed the public. In fact, the proposed 20th Amendment diminished the importance of restoring the President’s right to hold a defence portfolio by resorting to a despicable political agenda. The SLPP could have easily avoided the embarrassing situation if the proposed amendment was at least discussed among members of the cabinet, as well as the parliamentary group. There hadn’t been a genuine effort, within the SLPP, to reach a consensus on the vital amendment. In fact, the SLPP could have easily discussed the matter informally with the parliamentary opposition. The consensus with the Opposition could have been reached, especially against the backdrop of the SLPP retaining three key provisions in the 19th Amendment, namely restriction of the number of presidential terms to two and five-year tenure for the term of the President and the Parliament.
The crisis over the 20th Amendment should be examined also taking into consideration the SLPP MP-elect for the Ratnapura District, Premalal Jayasekera, taking oaths as a Parliamentarian, on Sept, 8, 2020, subsequent to the Court of Appeal taking a stand, contrary to that of the Attorney General. State Minister Sanath Nishantha’s brother Jagath Samantha caused media furore by destroying a part of Ramsar wetlands at Anavilundawa. Former Chairman of Arachchikattuwa Pradeshiya Sabha Jagath Samantha is alleged to have got part of the sanctuary bulldozed to establish a shrimp cultivation centre. This was revealed by a ministerial committee that inquired into destruction of the wetlands. Wildlife and Forest Conservation Minister C.B. Ratnayake, and some of his officials, recently struggled before the media. State Minister Nishantha, having admitted to President Gotabaya Rajapaksa, when inquired from him about the Anavilundawa incident, however denied responsibility. The State Minister refrained from mentioning his brother being wanted by the police in that regard. The destruction of a part of a historical building, allegedly at the behest of the Kurunegala Mayor Thushara Sampath, also did immense damage to the SLPP, regardless of action taken by the government to save face.
The SLPP needs to review its strategies or prepare to face the consequences. What is really praiseworthy about the line up behind this government are the brave faces among its frontline partners who are willing to call a spade a spade to correct things in the bud as is proved by their willingness to speak out to correct those at the helm for the good of the nation, where necessary, as in the case of 20A, or rape of the environment.
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‘Elina wanted Premadasa to succeed JRJ’: correction
In last week’s Midweek article, titled ‘Elina wanted Premadasa to succeed JRJ’, on the Sept. 09 edition of The Island, the writer inadvertently identified Lilani de Silva as an aide to Elina Jayewardene. Lilani is a neighbour of the Jayewardenes. The relevant section should read as: ‘Elina Jayewardene’ is based on interviews with several persons, including Pradeep Jayewardene, Rukshan Amal Jayewardene (the second grandchild JRJ and Elina), Charmaine Mendis, first wife of late Ravi Jayewardene (their only son), close relatives, Professor Asvini Fernando and Lakshmi Suneetha Subasinghe. The author also interviewed Dr. Sathis Jayasinghe and Nalini Mapitigama. In addition to them, the author talked to several female aides, who had been with EJ until the very end. Among them were Galahitiyage Lilawathie and Hettiarachchige Magilin and the Jayewardene’s immediate neighbour, Lilani de Silva. The Jayewardenes’ third grandson Amrik, hadn’t been so excited about the brief biography about their late grandmother, and the author did not get an opportunity to speak with him. The author also quoted from the work of the late senior government servant, Amara Hewamadduma. The error is regretted.
Midweek Review
A victory that can never be forgotten
The country is in deepening turmoil over the theft of USD 2.5 mn from the Treasury. The Treasury affair has placed the arrogant NPP in an embarrassing position. The controversial release of 323 red-flagged containers from the Colombo Port, in addition to two carrying narcotics and the coal scam that forced Energy Minister Kumara Jayakody to resign, has eroded public confidence though the NPP pretends otherwise.
Suspicious deaths of a Finance Ministry official, suspended over the Treasury heist of USD 2.5 million, and ex-SriLankan Airlines CEO Kapila Chandrasena shouldn’t distract the government and the Opposition from marking victory over terrorism.
But, the country, under any circumstances, shouldn’t forget to celebrate Sri Lanka’s greatest post-independence achievement. Dinesh Udugamsooriya, a keen follower of conflict and post-Aragalaya issues, insists that those who cherish the peace achieved should raise the national flag in honour of the armed forces.
The armed forces paid a huge price to preserve the country’s unitary status. Those who represent Parliament and outside waiting for an opportunity to return to Parliament must keep in their minds, unitary status is non-negotiable, under any circumstances, and such efforts would be in vain.
By Shamindra Ferdinando
Sri Lanka celebrates, next week, the eradication of the bloodthirsty separatist Liberation Tigers of Tamil Eelam (LTTE) as a conventional threat to the survival of this nation, at least in our hearts, even if the authorities dampen any celebrations. The armed forces brought the war to a successful conclusion on 18 May, 2009. The body of undisputed leader of the LTTE, Velupillai Prabhakaran, was found on the banks of the Nanthikadal lagoon, on the morning of 19 May, less than 24 hours after the ground forces declared the end of operations in the Vanni theatre.
The LTTE’s annihilation is Sri Lanka’s greatest post-independence achievement. Whatever various interested parties, pursuing different agendas say, the vast majority of people accept the eradication of the LTTE’s conventional military capacity as the armed forces’ highest achievement.
Sri Lanka’s triumph cannot be discussed without taking into consideration how the Indian-trained LTTE, who also went on to fight the New Delhi’s Army deployed here, in terms of the Indo-Lanka Peace Accord, signed in July, 1987, giving it an unforgettable hiding. The Indian misadventure here cost them the lives of nearly 1,500 officers and men. Just over a year after the Indian pullout, in March, 1990, the LTTE assassinated Rajiv Gandhi who, in his capacity as the Prime Minister, deployed the Indian Army here. But India launched the Sri Lanka destabilisation project during Indira Gandhi’s premiership.
Western powers, the now decimated United National Party (UNP), Janatha Vimukthi Peramuna (JVP), and an influential section of the media, propagated the lie that the LTTE couldn’t be defeated. But, the United People’s Freedom Party (UPFA), under President Mahinda Rajapaksa’s resolute leadership, sustained a nearly three-year long genuine sustained offensive that brought the entire Northern and Eastern regions back under government control.
The UNP relentlessly hindered the war against the LTTE. UNP leader Ranil Wickremesinghe, hell-bent on undermining the military campaign, had no qualms in questioning the military strategy. The former Prime Minister went to the extent of sarcastically questioning the culmination of the military campaign in the East with the capture of Thoppigala (Baron’s cap) in the second week of July, 2007, calling it just a rock outcrop with no significance. Believing the military lacked the strength to continue with the campaign, Wickremesinghe publicly ridiculed the Thoppigala success. The then Brigadier Chagie Gallage, the pint-sized human dynamo, provided critical leadership to the highly successful Eastern campaign that deprived the LTTE the opportunity to compel the armed forces to commit far larger strength to the region. We clearly recall how he went to announce the prized capture from his forward base, that afternoon, driving his own jeep, dressed as a soldier wearing a cap, with his second in command seated by his side, obviously not to fall victim to any sniper hiding in the surrounding jungles.
The likes of Ravi Karunanayaka, Lakshman Kiriella, Dr. Rajitha Senaratna and the late Mangala Samaraweera demeaned such successes by contributing to a vicious political campaign that dented public confidence in the armed forces. Then Lt. General Sarath Fonseka’s Army needed a massive boost, not only to sustain the relentless advance into the enemy territory, but to hold onto and stabilise areas brought under government control. But the viciousness of these critics were such that Samaraweera had the gall to say that Fonseka was not even fit to lead the Salvation Army.
The Opposition campaign was meant to deter the stepped up recruitment campaign that enabled the Army to increase its strength from 116,000 to over 205,000 at the end of the campaign. In spite of disgraceful Opposition attempts to cause doubts, regarding the military campaign among the public, with backing from Western vultures, who were all for LTTE success, the Rajapaksa government maintained the momentum.
President Rajapaksa had a superb team that ensured the government confidently met the daunting challenge. That team included Defence Secretary Gotabaya Rajapaksa, Vice Admiral Wasantha Karannagoda, Lt. General Sarath Fonseka, Air Marshal Roshan Goonetileke and the then Chief of National Intelligence (CNI) Maj. General Kapila Hendawitharana. There were also the likes of Rear Admiral Sarath Weerasekera, who returned from retirement to transform the once ragtag Home Guards into a worthy back-up to the military, as the Civil Defence Force, at critical places/junctures.
The then Governor of the Central Bank, Ajith Nivard Cabraal, played a significant role in overall government response to the challenge. The then presidential advisor MP Basil Rajapaksa’s role, too, should be appreciated and Prof. Rajiva Wijesinghe as well as Minister Mahinda Samarasinghe contributed to counter the false propaganda campaigns directed at the country. Whatever the shortcomings of the Mahinda Rajapaksa-led UPFA may have had, the armed forces couldn’t have succeeded if the resolute political leadership he provided, with his team of brothers, failed both in and outside Parliament. That is the undeniable truth.
During the 2006-2009 campaign, the UNP twice tried to defeat the UPFA Budget, thereby hoping to bring the war to an abrupt end. Th utterly contemptible move to defeat the UPFA Budget ultimately caused a split in the JVP with a section of the party switching its allegiance to President Rajapaksa to save the day.
Amidst political turmoil and both overt and covert Western interventions, the armed forces pressed ahead with the offensive. It would be pertinent to mention that the Vanni campaign began in March, 2007, a couple of months before the armed forces brought the eastern campaign to an end.
Vanni campaign
The Army launched the Vanni campaign in March, 2007. The 57 Division that had been tasked with taking Madhu, and then proceeding to Kilinochchi, faced fierce resistance. The principal fighting Division suffered significant casualties and progress was slow. An irate Fonseka brought in Maj. Gen. Jagath Dias as General Officer Commanding (GoC) of the 57 Division to advance and consolidate areas brought under control.
The Army expanded the Vanni campaign in September, 2007. The Task Force 1 (later 58 Division) launched operations from the Mannar ‘rice bowl’. Fonseka placed Gallage in command of that fighting formation but was replaced by the then Brigadier Shavendra Silva, as a result of a medical emergency.
The Army gradually took the upper hand in the Vanni west while the LTTE faced a new threat in the Vanni east with the newly created 59 Division, under Brigadier Nandana Udawatta, launching offensive action in January, 2008. Having launched its first major action in the Weli Oya region, that Division fought its way towards Mullaitivu, an LTTE stronghold since 1996.
The 53 (Maj. Gen. Kamal Gunaratne) and 55 (Brig. Prasanna Silva) Divisions, deployed in the Jaffna peninsula, joined the Vanni offensive, in late 2008, as the TF 1 fought its way to Pooneryn, turned right towards Paranthan, captured that area and then hit Elephant Pass and rapidly advanced towards Kilinochchi. The TF 1 and 57 Division met in Kilinochchi and the rest is history.
Once the Army brought Kilinochchi under its control, in January, 2009, the LTTE lost the war. The raising of the Lion flag over Kilinochchi meant that the entire area, west of the Kandy-Jaffna A9 road, had been brought under government control. By then the LTTE had lost the sea supply route, between Tamil Nadu and Mannar region. The LTTE was surrounded by several fighting formations in the Vanni east while the Navy made an unprecedented achievement by cordoning off the Mullaitivu coast that effectively cut them off on all sides.
During the final phase of the naval action, they captured Sea Tiger leader Soosai’s wife, Sathyadevi, and her children Sivanesan Mani Arasu and Sivanesan Sindhu. Spearheaded by the elite Fourth Fast Attack Flotilla, the Navy conducted a sustained campaign, with spectacular success in the high seas, and, by late 2008, the Navy dominated the waters around the country.
The sinking of floating LTTE warehouses, with the intelligence provided by the Directorate of Military Intelligence (DMI) and the US Pacific Command, after the Americans decided to speed up the inevitable, and a campaign, directed at operations across the Palk Strait, weakened the LTTE. By early January, 2009, the LTTE had lost its capacity to carry out mid-sea transfers, and the use of Tamil Nadu fishing trawlers to bring in supplies, and it was only a matter of time before the group surrendered or faced the consequences.
Although Tamil Diaspora still believed in the LTTE launching a massive counter attack on the Vanni east front and the Tamil National Alliance (TNA), under the leadership of the late R. Sampanthan, worked hard to halt the offensive, President Rajapaksa declared that the offensive wouldn’t be called off. President Rajapaksa had the strength to resist the combined pressure brought on him by the West and the UN until the armed forces delivered the final blow.
The despicable efforts made by US Secretary of State Hillary Clinton to block IMF funding for Sri Lanka is in the public domain. Clinton was obviously trying to please the Tamil Diaspora. The US made that attempt as the ground offensive was on the last phase against the backdrop of the international community suspending relief supply ships to Puthumathalan.
The IMF provided the much required funding to Sri Lanka, regardless of Clinton’s intervention.
A targeted assassination
The Air Force conducted a strategic campaign against the LTTE while providing support to both the Army and the Navy. Despite limited resources, the Air Force pulverised the enemy and high profile target assassination of S.P. Thamilselvan, in his Kilinochchi hideout, in early November, 2007, shook the LTTE leadership. The deployment of a pair of jets (Kafir and MiG 27), on the basis of intelligence provided by the DMI and backed by UAV footage, to carry out a meticulous strike on Thamilselvan’s Kilinochchi hideout, caused unprecedented fear among the LTTE.
Current Defence Secretary, Sampath Thuyakontha, in his capacity as the Commanding Officer of No 09 Squadron, played a vital role in action against the LTTE. Thuyakontha earned the respect of all for landing behind enemy lines in support of LRRP (Long Range Reconnaissance Patrol).
As the Army advanced on the Vanni east front, thousands of LTTE cadres gave up their weapons, threw away their trade mark cyanide capsules and surrendered. Their defences crumbled and even hardcore cadres surrendered, regardless of the warning issued by Prabhakaran. By the time the armed forces concluded clearing operations, over 12,000 LTTE cadres were in government custody. Although those who couldn’t stomach Sri Lanka’s victory over the LTTE propagated lies regarding the rehabilitation programme, the ordinary Tamil people appreciated the project.
C.V. Wigneswaran, in his capacity as the Chief Minister of the Northern Province, called for a US investigation into the death of ex-LTTE cadres in government custody. The retired Supreme Court judge sought to consolidate his political power by alleging the Army executed surrendered men by injecting them with poison. The then Yahapalana government failed to take action against Wigneswaran who claimed over 100 deaths among ex-combatants.
Instead of initiating legal action, the war-winning Rajapaksa government rehabilitated them. Even after the change of government, in 2015, the rehabilitation project continued. Almost all of them had been released and, since the end of war, the members of the defeated LTTE never tried to reorganise, though some Diaspora elements made an attempt.
The LTTE’s demise brought an end to the use of child soldiers. Those who demand justice for Tamils, killed during the war, conveniently forget that forcible recruitment of children, by the LTTE, also ended in May, 2009. Struggling to overcome severe manpower shortage, amidst mounting battlefield losses, the LTTE abducted Tamil children, from the early ’90s, to be press-ganged into their cadre.
Although the UN and ICRC sought a consensus with the LTTE, way back during Chandrika Bandaranaike Kumaratunga’s tenure as the President, to cease forced recruitment of children, they couldn’t achieve the desired results. The much publicised UN-ICRC projects failed. The LTTE continued with its despicable abduction of children. The LTTE never stopped child recruitment and, depending on the ground situation, it carried out forced recruitment drives. The signing of the Norwegian arranged Ceasefire Agreement (CFA), too, failed to halt forced child recruitment.
The Darusman report that accused the military of killing over 40,000 civilians during the last phase of the war revealed that the LTTE tried to recruit children as it was about to collapse.
The TNA, or any other like-minded group here or abroad, never urged the LTTE to give up civilian shields and stop recruiting children, though they realised Prabhakaran could no longer change the outcome of the war. Norway, and those who still believed in a negotiated ‘settlement’ in a bid to prevent the annihilation of the group, desperately tried to convince Prabhakaran to give up civilian shields.
A note, dated February 16, 2009, sent to Basil Rajapaksa, by Norwegian Ambassador Tore Hattrem, expressed concern over the fate of those who had been trapped in the Vanni east. Hattrem’s note to Basil Rajapaksa revealed Norway’s serious concern over the LTTE’s refusal to release the civilians.
The following is the Norwegian note, headlined ‘Offer/Proposal to the LTTE’, personally signed by Ambassador Hattrem: “I refer to our telephone conversation today. The proposal to the LTTE on how to release the civilian population, now trapped in the LTTE controlled area, has been transmitted to the LTTE through several channels. So far, there has been, regrettably, no response from the LTTE and it doesn’t seem to be likely that the LTTE will agree with this in the near future.”
In the aftermath of the Anandapuram debacle in the first week of April, 2009, the LTTE lost its fighting capacity to a large extent. The loss of over 600 cadres marked the collapse of the organisation’s conventional fighting capacity.
The LTTE sought an arrangement in which it could retain its remaining weapons and start rebuilding the group again. President Rajapaksa emphasised that only an unconditional surrender could save the group’s remaining cadre. The President refused to recognise an area under the LTTE’s control. The CFA, signed by Wickremesinghe and Prabhakaran, in February, 2002, recognised a vast area under the LTTE control. The CFA gave unparalleled recognition to the terrorist group and that was exploited by them to the hilt.
NPP’s dilemma
During his controversial May Day address this year, President Anura Kumara Dissanayake declared that only the armed forces and police could carry arms. Dissanayake warned that no one else could retain weapons.
President Dissanayake’s declaration is of pivotal importance as the armed forces and police twice crushed JVP-led insurgencies, in 1971 and 1987-1990. Dissanayake is the leader of the JVP and the NPP, two political parties recognised by the Election Commission.
Dissanayake, who is also the Minister of Defence and Commander-in-Chief of the armed forces, caused controversy last year when the government announced that the President wouldn’t attend the 16th annual war heroes’ commemoration ceremony at War Heroes’ Memorial, in Sri Jayawardenepura Kotte.
That announcement triggered massive backlash. The government rescinded its earlier decision. Having received an unprecedented endorsement from the northern and eastern electorates, both at presidential and parliamentary polls in September and November, 2024, respectively, President Dissanayake seemed to have been somewhat reluctant to join the national celebration.
Yahapalana leaders President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe succumbed to Tamil Diaspora and Western pressures to do away with the 2016 annual armed forces Victory Day parade. That treacherous move followed them betraying the war-winning armed forces at the Geneva-based United Nations Human Rights Council (UNHRC) in October, 2015.
They co-sponsored accountability resolution, introduced by the US in terms of an understanding with the LTTE’s sidekick. Sirisena and Wickremesinghe forgot that the TNA recognised the LTTE as the sole representative of the Tamil speaking people, in 2001, thereby setting the stage for Eelam War IV. Sampanthan’s outfit, the Illankai Thamil Arasu Kadchi (ITAK)-led TNA, showed its true colours when it joined the UNP-JVP led initiative to defeat Mahinda Rajapaksa. Having accused the war-winning Army Commander, Sarath Fonseka, of unpardonable war crimes, the TNA, along with the UNP-JVP combine, backed Fonseka at the 2010 presidential election. The South rejected Fonseka and he lost the race by a staggering 1.8 mn votes which late JVP leader Somawansa Amarasinghe foolishly called a computer ‘jilmart’, a newly coined word of our fake Marxists. Fonseka’s indefensible declaration, in the run-up to the 2010 presidential election that the celebrated 58 Division executed surrendered LTTE cadres, didn’t do him any good. President Rajapaksa never explained why the US’ unofficial contradiction of Fonseka’s claim was never used cleverly to counter unsubstantiated war crimes allegations, along with Lord Naseby disclosures made in October, 2017.
Sri Lanka’s failure to properly defend the armed forces is nothing but an insult to them. They saved the country from the JVP twice, and Indian trained over half a dozen terrorist groups, finally bringing the largest and the deadliest of them, the LTTE, down to its knees, on the banks of the Nanthikadal lagoon.
The armed forces shouldn’t hesitate to remember their glorious victory over terrorism. Since the change of government in September, 2024, the armed forces refrained from at least mentioning their battlefield achievements. At the last Independence Day, the armed forces shockingly mentioned their role in the Ditwah cyclone recovery efforts as their main achievement, to please the political masters, who themselves have been lackeys of the West, while outwardly professing to be Marxists, the latter line they have already conveniently dropped for all purposes. The armed forces shouldn’t play NPP politics but explain the situation to the current dispensation. The failure on the part of armed forces to erase their proud achievements against terrorism, out of their press releases/narratives, look rather stupid.
Midweek Review
A Novel, a Movie and a Play
Drawing a Thread through Loss and Creativity in Shakespeare’s Life
William Shakespeare [1556-1616] is generally regarded as the greatest playwright and poet in the English language. Notwithstanding the universal appeal and the timelessness of his work, very little is known about his inner-self. Despite his profound understanding of the human condition, evident in his remarkable works of drama and poetry, the origin of his psychological insights – formed long before formal theories of the mind emerged – remain unknown, often loosely ascribed to an innate gift. The thematic and philosophical dimensions of his work are often said to be influenced by the classics of the ‘ancient world’ such as Ovid’s Metamorphosis.
The bestselling novel, Hamnet, by Maggie O’Farrell is a confluence of fact and fiction. The award-winning movie, by the same name, is an adaptation of the novel, its screenplay co-written by Maggie O’Farrell and Chloe Zhao, the director. The central theme of the novel and the movie is the devastating impact of the death of Shakespeare’s son, Hamnet, in 1596, at an early age of eleven, and the sensitive portrayal of the grieving process of the family, inviting the audience to reflect on the proposition that Shakespeare channelled his personal grief into writing Hamlet, the play, four years later.
Mourning and melancholy take centre stage in Hamlet prompting a probable link between William Shakespeare’s own emotional world and his artistic imagination. Interestingly, the names Hamnet and Hamlet were used interchangeably during the Elizabethan era, adding weight to the speculation.
The movie matches the imaginative and descriptive brilliance of the novel. The narrative unfolds against the backdrop of Stratford-upon-Avon and its environs and its inhabitants of Elizabethan England, finally shifting to London and the Globe Theatre. The film won eight nominations at the 98th Academy Awards, including best picture, best director for Zhao, and best actress for Jessie Buckley, who immortalises Anne Hathaway, [‘Agnes’] Shakespeare’s wife, through whom the real face of family grief is portrayed. Shakespeare [nameless] remains ‘silent’ and virtually ‘back-stage’ in London preoccupied with the playhouse, the players and the plays.
Many Shakespeare scholars have speculated about a probable link between the death of Hamnet Shakespeare and the writing of Hamlet, his Magnum Opus:
“No one can say for certain how the death of Shakespeare’s son affected him, but it is hard not to notice that in the years following Hamnet’s death Shakespeare wrote a play obsessed with fathers and sons, grief, and the persistence of the dead.” [James Shapiro]
“Hamnet’s death must have been a devastating blow…..and the shadow of that loss may well lie behind the profound meditations on mortality in Hamlet.” [Park Honan]
“The death of Hamnet is the most plausible personal event to have touched Shakespeare deeply in these years, and it is tempting to hear an echo of that loss in the grief that permeates Hamlet.” [Germaine Greer]
That echo is clearly heard in Act 4, scene 5 in Hamlet:
He is dead and gone, lady,
He is dead and gone;
At his head a grass-green turf,
At his heels a stone.
Yet, in the play, a son loses his father, and the circumstance of the loss is different. Hamlet mourns the sudden death of his father, king Hamlet, he idolised. The young prince is faced with a complex emotional challenge as the late king’s brother, Claudius, usurper to the throne, marries the widowed queen, denying the young prince of his lawful right to sovereignty. The process of mourning is weighed down by the profound significance of the personal loss to the prince and being bereft of any trusting relationships to share his grief – mourning turning to melancholy.
Shakespeare’s greatest tragedy, Hamlet, has gained unremitting interest of audiences, universally over four hundred years, and has been open to divergent appraisal. Any commentary on the play without an exploration of the psyche of its protagonist, prince Hamlet, would be as the popular cliché goes, ‘like Hamlet without the prince of Denmark!’ Hamlet is the longest of all Shakespearean plays, with the least amount of action, but with the most amount of spoken word, mainly by prince Hamlet, which includes his soliloquies [solo locution: self-discourse] that opens the door to his inner self, inviting in by Hamlet himself: “pluck out the heart of my mystery”.
In the first of his soliloquies, Hamlet reveals his affliction with melancholy. He describes the world as worthless, wishes he is dead, contemplates suicide but regrets that God does not sanction such self-destruction. “O, that this too too solid flesh would melt/ Thaw and resolve itself into dew/ O, that the Everlasting had not fixed/ His cannon ‘gainst self-slaughter. O, God, God/ Seem to me all the uses of this world!’
Hamlet’s anguish is expressed as: ‘This goodly frame, the earth’ is no more than a ‘Sterile promontory’; ‘this majestical roof fretted with golden fire’; the heavens, ‘a foul and pestilent congregation of vapours’; and man, ‘the paragon of animals’, a quintessence of dust’, his mind ‘an unweeded garden/ That grows to seed.’ – Hamlet’s melancholic thought with depressive and nihilistic content expressed in philosophical terms.
But his anguish is best depicted in his fourth soliloquy [Act 3, Scene1] arguably, the most quoted piece of verse in all Shakespeare: ‘To be, or not to be’ – about life and death. He questions, ‘whether ‘tis nobler in the mind to suffer/ The slings and arrows of outrageous fortune/ Or take arms against a sea of troubles/ and by opposing, end them’. What happens after death? Is it a peaceful sleep or nightmare? Do we end our miseries by putting ourselves to the ‘quietus’ with a dagger, and enter that ‘undiscovered country’ from which ‘no traveller returns’, or put up with our problems? ‘Conscience makes cowards of us all’ and make us procrastinate.
In his soliloquies Hamlet reveals his affliction with melancholy. He wishes that his body would melt away, describes the world as worthless and contemplates suicide – negative cognitions about the self, the environment and the future, characteristic of severe mood disturbance – but regrets that God does not sanction such self-destruction.
********
Grief is a universal human experience following loss, characterised by sadness, at times mixed with anger and guilt, and frequently transient in nature. Depending on the perceived significance [‘meaningfulness’] of the loss and the absence of a sharing or confiding relationship, grief may become prolonged, with a potential to become pathological.
In a seminal paper published in 1917, Sigmund Freud [1856 – 1939], argued that there are two different responses to loss – ‘Mourning and Melancholia’. His contribution remains the basis for understanding unconscious grief in psychoanalytic thought.
Freud describes mourning as a natural way to respond to losing something or someone significant. It is a transitory process, potentially transforming, albeit painful. In mourning the loss of a loved one, the bereaved gradually withdraws the emotional energy – ‘libido’ – from ‘the lost object’, and the emotional investment is redirected to an ‘alternate object’ or pursuit. Throughout this process the ‘self’ remains intact, allowing the person to heal by integrating the loss into life. In psychology, this process in which a person unconsciously redirects unacceptable or distressing impulses into socially acceptable or constructive activities is called sublimation – a concept introduced by Sigmund Freud and later developed further by his daughter Anna Freud. Instead of expressing the impulse directly, the energy behind it is transformed into something positive or productive – an ‘ego defence’.
On the other hand, Freud described melancholia as a persistent state that stays within the ‘unconscious’ – the repressed aspect of the mind, while the person feels trapped in unresolved emotions which jeopardises their mental and physical well-being.
Shakespeare lost a child, the only son, Hamnet, still in his formative years. The playwright had no option but to leave his family in his birthplace of Stratford-upon-Avon, and return to London after burying his son to continue his work at the playhouse. The significance of the loss to the father would, no doubt, have been profound, as the Greek historian Herodotus fittingly proclaimed, “No one that has lost a child knows what it is to lose a child”.
In the novel, and as depicted in the movie, Agnes [Anne Hathaway] travels to London to meet her husband. Unknown to him she stands with the audience at the Globe Theatre to watch Hamlet, the play, while Shakespeare remains backstage. As O’Farrell poignantly writes in her novel, “Hamlet, here on this stage, is two people, the young man alive, and the father dead. He is both alive and dead. Her husband [Shakespeare] has brought him back to life, in the only way he can”. “She stretches out a hand as if to acknowledge them, as if to feel the air between the three of them, as if to pierce the boundary between audience and players, between real life and play”.
Many literary scholars speculate that Shakespeare in mourning gave voice to his grief through Hamlet, the play’s introspective protagonist, who takes to the stage with melancholic expression. There are others who dispute this view, arguing that Hamlet is a product of his creative genius that transcends any autobiographical explanation. While Hamnet, the novel, and its film adaptation do not assert a direct historical link, they suggest an association between the playwright’s personal loss and his artistic creation. The notion that Shakespeare sublimated his grief into creating the iconic stage work remains suggestive, yet unprovable, but reveals an important ‘therapeutic strategy’ [sublimation] in dealing with loss. Nevertheless, through Hamlet, he gives enduring expression to a universal human condition – grief – that resonates across time.
Moreover, from an aesthetic point of view, a work of art can truly be called Art – whether encountered on the page, the screen, or the stage – when it invites reflection or evokes emotion. The thread that runs through the novel, the movie and the play tend to reinforce that notion.
By Dr. Siri Galhenage, Psychiatrist [Retd]
sirigalhenage@gmail.com
Midweek Review
The Dignity of the Female Head
You’ve been at it these long hours,
Sweeping the sidewalks of the big city,
And scrubbing floors of public toilets,
All the while wiping the sweat off your brow,
And waiting eagerly for departure time,
To get to your comfy nest in the teeming slum,
And see the eyes of your waiting kids,
Light up with love at your sight,
Their hands searching you for sweets,
And such moments of family joy,
Are for you and other women of dignity,
What is seriously meant by Liberation,
But this is lost on grandstanding rulers,
Who know not the spirit of shared living,
Nor the difference between a home and a house.
By Lynn Ockersz
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