Features
Ministry of Justice Law Reforms – Protecting Child Rights or Promoting Sexual Abuse of Underage Girls?
In the second week of December 2021, the Minister of Justice had presented a Cabinet paper with strange proposals to amend certain provisions in the Penal Code, Code of the Criminal Procedure Act and the Judicature Act for the purpose of filling the gaps in the Law of Rape and making rape of boys a crime.
In this Cabinet paper the Minister has proposed to bring about two amendments in the law relating to child abuse.
First proposal: (a) to amend the law on statutory rape enabling (i) the Police to institute criminal proceedings in Magistrate’s Courts; (ii) Magistrate to give suspended sentences to the accused in appropriate cases where the accused is under 22 years of age and the victim is over 14 years of age and under 16 years of age and the penetration had been with the consent of the victim; (iii) Magistrate to forward the case record to the Attorney General, where it appears that the victim has not consented, to consider institution of criminal proceedings on Indictment in the High Court;
Second proposal: (b) to amend S. 363 of Penal Code with the aim of facilitating legal protection for men and boys from sexual violence. In the Minister’s view, there is evidence that rape of boys is a common form of sexual violence contributing to an environment in which such violations can take place without effective penalties. Though historically, rape of only women has been recognized in law, sexual violence has been recognized not only as a women-centric issue, but as a major social problem that highlights the need for gender-neutrality in the present context. This is done in neutralizing gender in terms of the law of rape.
To give effect to these proposed amendments, the Minister has proposed: (1) to repeal S. 137 of Criminal Procedure Code on medical examination of victim and accused in case of rape and substitute a section which is gender neutral; (2) to amend S. 142 of Criminal Procedure Code to empower Magistrate to follow summary procedure laid down in Chap. XVII in case the victim is over 14 years and under 16 years and the offender is not more than 22 years of age and the offence has been committed with the consent of the victim; (3) to amend the First Schedule to the Procedure Code and the Second Schedule to the Judicature Act.
By this Cabinet paper the Minister has sought the approval of the Cabinet: – (a) To amend the CPC Act and Judicature Act in accordance with the Proposal; (b) To instruct the Legal Draftsman to draft amending legislation accordingly; and (c) To empower the Minister to provide necessary guidance and issue further instructions where necessary to the Legal Draftsman on matters relating to the proposal.
From these propositions it is clear that the Minister or his legal advisors have no clear understanding of the existing law and the procedure relating to the sexual abuse of women and children.
Far-reaching amendments were brought to the Penal Code and the Criminal Procedure Code in 1995 with a view to enhancing protection to women and children against abuse, especially sexual abuse. The following are the main changes brought about in the law by these amendments:
a. Creating several new offences such as incest, grave sexual abuse, sexual exploitation of children, procuration and using children for obscene publications.
b. Providing for enhanced penalties for sexual offences and minimum mandatory jail sentences.
c. Recognition of all persons under 18 years of age as children for the purpose of the offences dealt with by these amendments.
d. Increasing the age of statutory rape or consent to sex to sixteen years.
e. Granting exclusive jurisdiction over child abuse cases to the High Court
Under S. 363 of the Penal Code, a man commits rape when he has sexual intercourse with a woman under circumstances falling under one of the following descriptions:-
(a) without her consent….
(b) with her consent when her consent …obtained by use of force, or….
(c) with her consent when….obtained…when she was of unsound mind….
(d) with her consent when the man knows…he is not her husband…
(e) with or without her consent when she is under sixteen years of age, unless the woman is his wife who is over twelve years of age and is not judicially separated from the man.
Under S. 363 (e) of the Penal Code a man who has sexual intercourse with a girl under sixteen years of age, with or without her consent, commits the offence of statutory rape, unless the woman is his wife who is over twelve years of age and is not judicially separated from the man.’’
Later in the implementation of the law, the law enforcement officers encountered difficulties at times due to the phrase shown in italics above, which was included in the section, due to the provisions in the Muslim Marriage Law and the insistence of Muslim MPs.
S. 364 (2) deals with the penalty for statutory rape.
‘Whoever- (e) commits rape on a woman under eighteen years of age shall be punished with rigorous imprisonment for term not less than ten years and not exceeding twenty years and with fine and shall in addition be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for the injuries caused to such person:
Provided however, that where the offence is committed in respect of a person under 16 years of age, the court may, where the offender is a person under 18 years of age and the intercourse has been with the consent of the person, impose a sentence of imprisonment for a term less than ten years.’
As stated above under the existing law:
a. Only a girl above the age of 16 years can consent to have sex.
b. Any person who has sexual intercourse with a girl under 16 years of age, with or without her consent, commits statutory rape.
c. Any person who commits statutory rape is liable to be punished with a minimum mandatory jail sentence of ten years which can be extended up to twenty years; he is also liable to pay a fine and compensation ordered by court to the victim.
d. However, where the offender is a person under 18 years of age and the intercourse has taken place with the consent of the girl, the court has a discretion to impose a sentence of imprisonment for a term less than ten years.
e. It is an indictable offence with only the High Court having jurisdiction to hear these cases.
By the first proposal in the Cabinet paper the Minister proposes to amend the law on statutory rape bringing about the following changes in the existing law:
a. Under the existing law, only a girl above the age of 16 years can consent to have sex; if the girl is under 16 years of age and the sexual intercourse has taken place with the consent of the girl, the Court may take that fact into consideration at the time of sentencing the offender.
*By this amendment, the age of consent will be brought down from 16 years to 14 years.
*Now any girl who has attained the age of 14 years can consent to sex and the Court is bound to take that into consideration;
b. Under the existing law, at the time of sentencing the Court may take into consideration of the fact that the offender is also a child, a person under 18 years of age.
*By this amendment, this concession has been extended to adults also, to youthful offenders belonging to the age group of 18 – 22 years of age.
c. Under the existing law, all child sexual abusers faced the hazard of going through a High Court trial.
*Under this amendment, these offenders do not face the hazard of going through a High Court trial as the High Court has no jurisdiction to try these offences, only the Magistrate’s Court has jurisdiction.
d. Under the existing law, while statutory rape is an offence punishable with a minimum mandatory jail sentence of ten years, where the offence is committed with the consent of the girl and the offender is a person under 18 years, the Court has the discretion to impose a sentence of imprisonment for a term less than ten years. If the offender is a person over 18 years of age, he has to undergo the minimum mandatory jail sentence.
* Under this amendment, any young person belonging to the age group of 18 – 22 years can have sexual intercourse with any girl who has attained the age of 14 years with her consent without undergoing any sentence of imprisonment.
*The maximum sentence of imprisonment that can be imposed by a Magistrate’s Court under its normal criminal jurisdiction is two years and the maximum sentence of imprisonment that can be suspended is also two years. The court has the discretion to impose a suspended sentence for a period less than two years. It may be even 6 months.
* An offender belonging to the age group of 18 – 22 years can plead guilty to the charge on the first day itself if the Police Report indicates that the sexual intercourse has taken place with the consent of the girl, and he may be able to go home with a suspended sentence without spending a day in prison.
This amendment will certainly result in the promotion of sexual abuse of young girls and bring about dangerous social consequences.
It will be an open licence to pleasure -seeking young adults of moneyed families to get friendly with young girls of school-going age and have sexual intercourse with them.
By the second proposal in the Cabinet paper the Minister proposes to amend S. 363 of Penal Code with the aim of facilitating legal protection for men and boys from sexual violence. In the Minister’s view, rape of boys is a common form of sexual violence, against which there are no effective penalties. One does not know what the Minister means by ‘rape of boys’. Is it anal sex? If it is anal sex or any other kind of act of sexual penetration, there are existing and adequate legal provisions with effective penalties. This proposal clearly shows the Minister’s ignorance of the existing provisions of the law.
The offence of “Grave Sexual Abuse” in S. 365B of the Penal Code deals with the offence of what the Minister calls ‘rape of boys’. “Grave Sexual Abuse” is defined in S. 365B (1) thus:
S. 365B (1) – ‘ Grave sexual abuse is committed by any person who, for sexual gratification, does any act, by the use of his genitals or any other part of his body or any instrument on any orifice or part of the body of any other person, being an act which does not amount to rape under S. 363, in circumstances falling under any of the following descriptions, that is to say- under circumstances falling under one of the following descriptions:-
(a) without the consent of that other person
(b) with consent …obtained by use of force, or…
(c) with consent obtained…when other person was of unsound mind or under intoxication.
(d) with or without the consent of the other person when the other person is under 16 years of age.
S. 365B (2) (b) deals with the penalty for grave sexual abuse committed on persons under 18 years of age.
‘Whoever- (b) commits grave sexual abuse on any person under 18 years of age shall be punished with rigorous imprisonment for a term not less than ten years and not exceeding twenty years and with fine and shall also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for the injuries caused to such person.’
In S. 364 dealing with penalties for rape, there is a proviso under which the Court can impose a lesser sentence of imprisonment where the offence is committed on a girl under 16 years of age with the consent of the girl for the intercourse by a person under 18 years of age.
There is no similar provision in the penalties for grave sexual abuse. A Court cannot act leniently in dealing with a person under 18 years of age who commits grave sexual abuse on a boy under 16 years of age with that boy’s consent.
It appears that the Minister or his legal advisers are trying to surreptitiously achieve two undisclosed objectives with this proposed amendment. One is lowering the penalties that can be imposed by courts on youthful sexual abusers who sexually abuse boys with their consent as in the case of statutory rape. If it is directly proposed to amend the law enabling courts to deal more leniently with persons who commit acts of grave sexual abuse on boys with their consent, it would have resulted in arousing a hornets’ nest. It is done on the pretext of strengthening the law against sexual abuse of boys. In their view, at present rape of boys is a common form of sexual violence, without effective penalties; by amending S. 363 of Penal Code bringing in men and boys also into the category of victims of rape, legal protection for men and boys can be strengthened against sexual violence.
Instead of strengthening legal protection for men and boys against sexual violence, this amendment will result in opening doors wider for male sexual abuse of male children. Youthful offenders belonging to the age group of 18 – 22 years can have sexual relations with boys under the age of 16 years with their consent obtained through various means without fear of being indicted in the High Court and languishing in jail. They can get away with a suspended sentence from the Magistrate’s Court.
The other objective is to destroy the historical social base of our society through implementing a policy of gender neutrality in all spheres. The main purpose of amending S. 363 of Penal Code is not facilitating legal protection for men and boys from sexual violence, but neutralizing gender in terms of the law of rape. In the Penal Code amendments already brought, S. 25 the Penal Code has been amended by substituting the word ‘spouse’ for the word ‘wife’. There is no need or justification for any of these amendments, other than gradually paving the way for legal reforms allowing same-sex marriages, giving effect to the policies that the previous government failed to bring forward though they much desired, in the guise of making provision for gender neutrality.
Another thing one cannot understand is why the Minister and his legal advisors have not addressed the need to amend the phrase shown below in italics in paragraph (e) of S. 363 of the Penal Code:
S. 363. A man commits rape when he has sexual intercourse with a woman under circumstances falling under one of the following descriptions:
(e) with or without her consent when she is under sixteen years of age, unless the woman is his wife who is over twelve years of age and is not judicially separated from the man.
This provision allows people belonging to one community to commit sexual abuse of children by marrying girls of 12 years of age and having sexual intercourse with them in total violation of their rights as children. This goes against the proclaimed policy of the government of ‘one country, one law’.
Features
Indian Ocean Security: Strategies for Sri Lanka
During a recent panel discussion titled “Security Environment in the Indo-Pacific and Sri Lankan Diplomacy”, organised by the Embassy of Japan in collaboration with Dr. George I. H. Cooke, Senior Lecturer and initiator of the Awarelogue Initiative, the keynote address was delivered by Prof Ken Jimbo of Kelo University, Japan (Ceylon Today, February 15, 2026).
The report on the above states: “Prof. Jimbo discussed the evolving role of the Indo-Pacific and the emergence of its latest strategic outlook among shifting dynamics. He highlighted how changing geopolitical realities are reshaping the region’s security architecture and influencing diplomatic priorities”.
“He also addressed Sri Lanka’s position within this evolving framework, emphasising that non-alignment today does not mean isolation, but rather, diversified engagement. Such an approach, he noted, requires the careful and strategic management of dependencies to preserve national autonomy while maintaining strategic international partnerships” (Ibid).
Despite the fact that Non-Alignment and Neutrality, which incidentally is Sri Lanka’s current Foreign Policy, are often used interchangeably, both do not mean isolation. Instead, as the report states, it means multi-engagement. Therefore, as Prof. Jimbo states, it is imperative that Sri Lanka manages its relationships strategically if it is to retain its strategic autonomy and preserve its security. In this regard the Policy of Neutrality offers Rule Based obligations for Sri Lanka to observe, and protection from the Community of Nations to respect the territorial integrity of Sri Lanka, unlike Non-Alignment. The Policy of Neutrality served Sri Lanka well, when it declared to stay Neutral on the recent security breakdown between India and Pakistan.
Also participating in the panel discussion was Prof. Terney Pradeep Kumara – Director General of Coast Conservation and Coastal Resources Management, Ministry of Environment and Professor of Oceanography in the University of Ruhuna.
He stated: “In Sri Lanka’s case before speaking of superpower dynamics in the Indo-Pacific, the country must first establish its own identity within the Indian Ocean region given its strategically significant location”.
“He underlined the importance of developing the ‘Sea of Lanka concept’ which extends from the country’s coastline to its 200nauticalmile Exclusive Economic Zone (EEZ). Without firmly establishing this concept, it would be difficult to meaningfully engage with the broader Indian Ocean region”.
“He further stated that the Indian Ocean should be regarded as a zone of peace. From a defence perspective, Sri Lanka must remain neutral. However, from a scientific and resource perspective, the country must remain active given its location and the resources available in its maritime domain” (Ibid).
Perhaps influenced by his academic background, he goes on to state:” In that context Sri Lanka can work with countries in the Indian Ocean region and globally, including India, China, Australia and South Africa. The country must remain open to such cooperation” (Ibid).
Such a recommendation reflects a poor assessment of reality relating to current major power rivalry. This rivalry was addressed by me in an article titled “US – CHINA Rivalry: Maintaining Sri Lanka’s autonomy” ( 12.19. 2025) which stated: “However, there is a strong possibility for the US–China Rivalry to manifest itself engulfing India as well regarding resources in Sri Lanka’s Exclusive Economic Zone. While China has already made attempts to conduct research activities in and around Sri Lanka, objections raised by India have caused Sri Lanka to adopt measures to curtail Chinese activities presumably for the present. The report that the US and India are interested in conducting hydrographic surveys is bound to revive Chinese interests. In the light of such developments it is best that Sri Lanka conveys well in advance that its Policy of Neutrality requires Sri Lanka to prevent Exploration or Exploitation within its Exclusive Economic Zone under the principle of the Inviolability of territory by any country” ( https://island.lk/us- china-rivalry-maintaining-sri-lankas-autonomy/). Unless such measures are adopted, Sri Lanka’s Exclusive Economic Zone would end up becoming the theater for major power rivalry, with negative consequences outweighing possible economic gains.
The most startling feature in the recommendation is the exclusion of the USA from the list of countries with which to cooperate, notwithstanding the Independence Day message by the US Secretary of State which stated: “… our countries have developed a strong and mutually beneficial partnership built on the cornerstone of our people-to-people ties and shared democratic values. In the year ahead, we look forward to increasing trade and investment between our countries and strengthening our security cooperation to advance stability and prosperity throughout the Indo-Pacific region (NEWS, U.S. & Sri Lanka)
Such exclusions would inevitably result in the US imposing drastic tariffs to cripple Sri Lanka’s economy. Furthermore, the inclusion of India and China in the list of countries with whom Sri Lanka is to cooperate, ignores the objections raised by India about the presence of Chinese research vessels in Sri Lankan waters to the point that Sri Lanka was compelled to impose a moratorium on all such vessels.
CONCLUSION
During a panel discussion titled “Security Environment in the Indo-Pacific and Sri Lankan Diplomacy” supported by the Embassy of Japan, Prof. Ken Jimbo of Keio University, Japan emphasized that “… non-alignment today does not mean isolation”. Such an approach, he noted, requires the careful and strategic management of dependencies to preserve national autonomy while maintaining strategic international partnerships”. Perhaps Prof. Jimbo was not aware or made aware that Sri Lanka’s Foreign Policy is Neutral; a fact declared by successive Governments since 2019 and practiced by the current Government in the position taken in respect of the recent hostilities between India and Pakistan.
Although both Non-Alignment and Neutrality are often mistakenly used interchangeably, they both do NOT mean isolation. The difference is that Non-Alignment is NOT a Policy but only a Strategy, similar to Balancing, adopted by decolonized countries in the context of a by-polar world, while Neutrality is an Internationally recognised Rule Based Policy, with obligations to be observed by Neutral States and by the Community of Nations. However, Neutrality in today’s context of geopolitical rivalries resulting from the fluidity of changing dynamics offers greater protection in respect of security because it is Rule Based and strengthened by “the UN adoption of the Indian Ocean as a Zone of peace”, with the freedom to exercise its autonomy and engage with States in pursuit of its National Interests.
Apart from the positive comments “that the Indian Ocean should be regarded as a Zone of Peace” and that “from a defence perspective, Sri Lanka must remain neutral”, the second panelist, Professor of Oceanography at the University of Ruhuna, Terney Pradeep Kumara, also advocated that “from a Scientific and resource perspective (in the Exclusive Economic Zone) the country must remain active, given its location and the resources available in its maritime domain”. He went further and identified that Sri Lanka can work with countries such as India, China, Australia and South Africa.
For Sri Lanka to work together with India and China who already are geopolitical rivals made evident by the fact that India has already objected to the presence of China in the “Sea of Lanka”, questions the practicality of the suggestion. Furthermore, the fact that Prof. Kumara has excluded the US, notwithstanding the US Secretary of State’s expectations cited above, reflects unawareness of the geopolitical landscape in which the US, India and China are all actively known to search for minerals. In such a context, Sri Lanka should accept its limitations in respect of its lack of Diplomatic sophistication to “work with” such superpower rivals who are known to adopt unprecedented measures such as tariffs, if Sri Lanka is to avoid the fate of Milos during the Peloponnesian Wars.
Under the circumstances, it is in Sri Lanka’s best interest to lay aside its economic gains for security, and live by its proclaimed principles and policies of Neutrality and the concept of the Indian Ocean as a Zone of Peace by not permitting its EEC to be Explored and/or Exploited by anyone in its “maritime domain”. Since Sri Lanka is already blessed with minerals on land that is awaiting exploitation, participating in the extraction of minerals at the expense of security is not only imprudent but also an environmental contribution given the fact that the Sea and its resources is the Planet’s Last Frontier.
by Neville Ladduwahetty
Features
Protecting the ocean before it’s too late: What Sri Lankans think about deep seabed mining
Far beneath the waters surrounding Sri Lanka lies a largely unseen frontier, a deep seabed that may contain cobalt, nickel and rare earth elements essential to modern technologies, from smartphones to electric vehicles. Around the world, governments and corporations are accelerating efforts to tap these minerals, presenting deep-sea mining as the next chapter of the global “blue economy.”
For an island nation whose ocean territory far exceeds its landmass, the question is no longer abstract. Sri Lanka has already demonstrated its commitment to ocean governance by ratifying the United Nations High Seas Treaty (BBNJ Agreement) in September 2025, becoming one of the early countries to help trigger its entry into force. The treaty strengthens biodiversity conservation beyond national jurisdiction and promotes fair access to marine genetic resources.
Yet as interest grows in seabed minerals, a critical debate is emerging: Can Sri Lanka pursue deep-sea mining ambitions without compromising marine ecosystems, fisheries and long-term sustainability?
Speaking to The Island, Prof. Lahiru Udayanga, Dr. Menuka Udugama and Ms. Nethini Ganepola of the Department of Agribusiness Management, Faculty of Agriculture & Plantation Management, together with Sudarsha De Silva, Co-founder of EarthLanka Youth Network and Sri Lanka Hub Leader for the Sustainable Ocean Alliance, shared findings from their newly published research examining how Sri Lankans perceive deep-sea mineral extraction.
The study, published in the journal Sustainability and presented at the International Symposium on Disaster Resilience and Sustainable Development in Thailand, offers rare empirical insight into public attitudes toward deep-sea mining in Sri Lanka.
Limited Public Inclusion
“Our study shows that public inclusion in decision-making around deep-sea mining remains quite limited,” Ms. Nethini Ganepola told The Island. “Nearly three-quarters of respondents said the issue is rarely covered in the media or discussed in public forums. Many feel that decisions about marine resources are made mainly at higher political or institutional levels without adequate consultation.”
The nationwide survey, conducted across ten districts, used structured questionnaires combined with a Discrete Choice Experiment — a method widely applied in environmental economics to measure how people value trade-offs between development and conservation.
Ganepola noted that awareness of seabed mining remains low. However, once respondents were informed about potential impacts — including habitat destruction, sediment plumes, declining fish stocks and biodiversity loss — concern rose sharply.
“This suggests the problem is not a lack of public interest,” she told The Island. “It is a lack of accessible information and meaningful opportunities for participation.”
Ecology Before Extraction
Dr. Menuka Udugama said the research was inspired by Sri Lanka’s growing attention to seabed resources within the wider blue economy discourse — and by concern that extraction could carry long-lasting ecological and livelihood risks if safeguards are weak.
“Deep-sea mining is often presented as an economic opportunity because of global demand for critical minerals,” Dr. Udugama told The Island. “But scientific evidence on cumulative impacts and ecosystem recovery remains limited, especially for deep habitats that regenerate very slowly. For an island nation, this uncertainty matters.”
She stressed that marine ecosystems underpin fisheries, tourism and coastal well-being, meaning decisions taken about the seabed can have far-reaching consequences beyond the mining site itself.
Prof. Lahiru Udayanga echoed this concern.
“People tended to view deep-sea mining primarily through an environmental-risk lens rather than as a neutral industrial activity,” Prof. Udayanga told The Island. “Biodiversity loss was the most frequently identified concern, followed by physical damage to the seabed and long-term resource depletion.”
About two-thirds of respondents identified biodiversity loss as their greatest fear — a striking finding for an issue that many had only recently learned about.
A Measurable Value for Conservation
Perhaps the most significant finding was the public’s willingness to pay for protection.
“On average, households indicated a willingness to pay around LKR 3,532 per year to protect seabed ecosystems,” Prof. Udayanga told The Island. “From an economic perspective, that represents the social value people attach to marine conservation.”
The study’s advanced statistical analysis — using Conditional Logit and Random Parameter Logit models — confirmed strong and consistent support for policy options that reduce mineral extraction, limit environmental damage and strengthen monitoring and regulation.
The research also revealed demographic variations. Younger and more educated respondents expressed stronger pro-conservation preferences, while higher-income households were willing to contribute more financially.
At the same time, many respondents expressed concern that government agencies and the media have not done enough to raise awareness or enforce safeguards — indicating a trust gap that policymakers must address.
“Regulations and monitoring systems require social acceptance to be workable over time,” Dr. Udugama told The Island. “Understanding public perception strengthens accountability and clarifies the conditions under which deep-sea mining proposals would be evaluated.”
Youth and Community Engagement
Ganepola emphasised that engagement must begin with transparency and early consultation.
“Decisions about deep-sea mining should not remain limited to technical experts,” she told The Island. “Coastal communities — especially fishers — must be consulted from the beginning, as they are directly affected. Youth engagement is equally important because young people will inherit the long-term consequences of today’s decisions.”
She called for stronger media communication, public hearings, stakeholder workshops and greater integration of marine conservation into school and university curricula.
“Inclusive and transparent engagement will build trust and reduce conflict,” she said.
A Regional Milestone
Sudarsha De Silva described the study as a milestone for Sri Lanka and the wider Asian region.
“When you consider research publications on this topic in Asia, they are extremely limited,” De Silva told The Island. “This is one of the first comprehensive studies in Sri Lanka examining public perception of deep-sea mining. Organizations like the Sustainable Ocean Alliance stepping forward to collaborate with Sri Lankan academics is a great achievement.”
He also acknowledged the contribution of youth research assistants from EarthLanka — Malsha Keshani, Fathima Shamla and Sachini Wijebandara — for their support in executing the study.
A Defining Choice
As Sri Lanka charts its blue economy future, the message from citizens appears unmistakable.
Development is not rejected. But it must not come at the cost of irreversible ecological damage.
The ocean’s true wealth, respondents suggest, lies not merely in minerals beneath the seabed, but in the living systems above it — systems that sustain fisheries, tourism and coastal communities.
For policymakers weighing the promise of mineral wealth against ecological risk, the findings shared with The Island offer a clear signal: sustainable governance and biodiversity protection align more closely with public expectations than unchecked extraction.
In the end, protecting the ocean may prove to be not only an environmental responsibility — but the most prudent long-term investment Sri Lanka can make.
By Ifham Nizam
Features
How Black Civil Rights leaders strengthen democracy in the US
On being elected US President in 2008, Barack Obama famously stated: ‘Change has come to America’. Considering the questions continuing to grow out of the status of minority rights in particular in the US, this declaration by the former US President could come to be seen as somewhat premature by some. However, there could be no doubt that the election of Barack Obama to the US presidency proved that democracy in the US is to a considerable degree inclusive and accommodating.
If this were not so, Barack Obama, an Afro-American politician, would never have been elected President of the US. Obama was exceptionally capable, charismatic and eloquent but these qualities alone could not have paved the way for his victory. On careful reflection it could be said that the solid groundwork laid by indefatigable Black Civil Rights activists in the US of the likes of Martin Luther King (Jnr) and Jesse Jackson, who passed away just recently, went a great distance to enable Obama to come to power and that too for two terms. Obama is on record as owning to the profound influence these Civil Rights leaders had on his career.
The fact is that these Civil Rights activists and Obama himself spoke to the hearts and minds of most Americans and convinced them of the need for democratic inclusion in the US. They, in other words, made a convincing case for Black rights. Above all, their struggles were largely peaceful.
Their reasoning resonated well with the thinking sections of the US who saw them as subscribers to the Universal Declaration of Human Rights, for instance, which made a lucid case for mankind’s equal dignity. That is, ‘all human beings are equal in dignity.’
It may be recalled that Martin Luther King (Jnr.) famously declared: ‘I have a dream that one day this nation will rise up, live out the true meaning of its creed….We hold these truths to be self-evident, that all men are created equal.’
Jesse Jackson vied unsuccessfully to be a Democratic Party presidential candidate twice but his energetic campaigns helped to raise public awareness about the injustices and material hardships suffered by the black community in particular. Obama, we now know, worked hard at grass roots level in the run-up to his election. This experience proved invaluable in his efforts to sensitize the public to the harsh realities of the depressed sections of US society.
Cynics are bound to retort on reading the foregoing that all the good work done by the political personalities in question has come to nought in the US; currently administered by Republican hard line President Donald Trump. Needless to say, minority communities are now no longer welcome in the US and migrants are coming to be seen as virtual outcasts who need to be ‘shown the door’ . All this seems to be happening in so short a while since the Democrats were voted out of office at the last presidential election.
However, the last US presidential election was not free of controversy and the lesson is far too easily forgotten that democratic development is a process that needs to be persisted with. In a vital sense it is ‘a journey’ that encounters huge ups and downs. More so why it must be judiciously steered and in the absence of such foresighted managing the democratic process could very well run aground and this misfortune is overtaking the US to a notable extent.
The onus is on the Democratic Party and other sections supportive of democracy to halt the US’ steady slide into authoritarianism and white supremacist rule. They would need to demonstrate the foresight, dexterity and resourcefulness of the Black leaders in focus. In the absence of such dynamic political activism, the steady decline of the US as a major democracy cannot be prevented.
From the foregoing some important foreign policy issues crop-up for the global South in particular. The US’ prowess as the ‘world’s mightiest democracy’ could be called in question at present but none could doubt the flexibility of its governance system. The system’s inclusivity and accommodative nature remains and the possibility could not be ruled out of the system throwing up another leader of the stature of Barack Obama who could to a great extent rally the US public behind him in the direction of democratic development. In the event of the latter happening, the US could come to experience a democratic rejuvenation.
The latter possibilities need to be borne in mind by politicians of the South in particular. The latter have come to inherit a legacy of Non-alignment and this will stand them in good stead; particularly if their countries are bankrupt and helpless, as is Sri Lanka’s lot currently. They cannot afford to take sides rigorously in the foreign relations sphere but Non-alignment should not come to mean for them an unreserved alliance with the major powers of the South, such as China. Nor could they come under the dictates of Russia. For, both these major powers that have been deferentially treated by the South over the decades are essentially authoritarian in nature and a blind tie-up with them would not be in the best interests of the South, going forward.
However, while the South should not ruffle its ties with the big powers of the South it would need to ensure that its ties with the democracies of the West in particular remain intact in a flourishing condition. This is what Non-alignment, correctly understood, advises.
Accordingly, considering the US’ democratic resilience and its intrinsic strengths, the South would do well to be on cordial terms with the US as well. A Black presidency in the US has after all proved that the US is not predestined, so to speak, to be a country for only the jingoistic whites. It could genuinely be an all-inclusive, accommodative democracy and by virtue of these characteristics could be an inspiration for the South.
However, political leaders of the South would need to consider their development options very judiciously. The ‘neo-liberal’ ideology of the West need not necessarily be adopted but central planning and equity could be brought to the forefront of their talks with Western financial institutions. Dexterity in diplomacy would prove vital.
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