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Dual citizens and foreign funded locals

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by C.A.Chandraprema

The 20th Amendment has given rise to a debate over whether dual citizens should be allowed to contest elections in this country. The dual citizenship law has been operational for decades and nobody had any issue with it until the yahapalana camp seized on it as a means of keeping the Rajapaksa brothers Gotabhaya and Basil out of politics. The yahapalana camp includes the majority of the foreign funded NGOs that have no purpose other than to interfere in, and influence the politics of Sri Lanka in order to push the agendas of their foreign paymasters. It would appear that individuals belonging to at least some of these foreign funded NGOs have made representations to the Supreme Court against allowing dual citizens to contest elections in this country. That raises a very cogent question.

 If dual citizens are to be banned from contesting elections and indeed as some have suggested even holding other government positions because of their ties to foreign nations, then it follows that similar restrictions should be extended to all individuals and organizations that receive funding from foreign governments and organizations to carry out political work in Sri Lanka. If the oath that a person takes in obtaining citizenship in a foreign country is seen as a danger to Sri Lanka, how much more dangerous is the phenomenon of having persons who are paid to do the bidding of various foreign parties within Sri Lanka? For decades, Sri Lanka has had no protection at all from outside parties that seek to influence events here by hiring people to manipulate public opinion and engage in similar activities. As a result of these NGOs, Sri Lanka has few genuine voluntary organizations. The very phrase ‘civil society’ has been hijacked by foreign funded NGOs.

In contrast to Sri Lanka, India has always had adequate protection from the phenomenon of foreign funded political activism in the form of the Foreign Contributions Regulatory Act which was first promulgated in 1976 during the Indira Gandhi era and then revised and updated during the last Congress government in 2010. Indian political elites have always been more conscious of the need to protect their country from this kind of insidious foreign influence than their Sri Lankan counterparts. The re-drafting of India’s Foreign Contributions Regulatory Act took place during the last Congress government by a Parliamentary committee headed by opposition law-maker Sushma Swaraj. Now that a debate on the advisability of having anyone with a foreign linkage however tenuous from engaging in politics has been initiated, it should be extended to people paid by foreign parties to engage in political activities in Sri Lanka.

 

 India’s emulation-worthy legislation

 

For well over a decade, this writer has been advocating the adoption of an Indian Foreign Contributions Regulatory Act-style law in Sri Lanka. The preamble to the Indian Foreign Contribution (Regulation) Act, 2010, (FCRA) describes it as a law to regulate the acceptance and utilization of foreign contributions or foreign hospitality by certain individuals or associations or companies and to prohibit such acceptance and utilization for any activities detrimental to the national interest. This is exactly what Sri Lanka is in dire need of. It’s not just foreign money that comes under the purview of the Indian FCRA but even foreign junkets, training programmes and scholarships offered by interested parties to selected individuals with a view to influencing them. 

The Indian FCRA extends not only to all inhabitants of India, but also to citizens of India outside India and to branches or subsidiaries, outside India, of companies or bodies corporate, registered or incorporated in India. Money earned by Indian citizens from foreign sources by way of salary, wages or other remuneration in the ordinary course of business transacted in or outside India or by way of proceeds of international trade or commerce does not come under the FCRA. India has a large workforce employed outside her borders and a vibrant external trade and the provisions of the FCRA do not interfere in any way with such matters. Stipends received from legitimate foreign scholarships also do not come under the FCRA. However, everything else including even gifts received by members of Indian delegations on overseas visits do come under the FCRA.

Trying to circumvent the FCRA by transferring funds from one entity to another will also not work under the Indian law, because a donation or transfer of any funds by any person who has received it from a foreign source is also deemed to be a foreign contribution. Even interest accrued on a foreign contribution deposited in any bank is deemed to be a foreign contribution.  Foreign hospitality which means any facility provided in cash or kind by a foreign source to provide a person with the cost of travel to any foreign country with free board, lodging, transport or medical treatment, also comes under the FCRA. The source of foreign funding or foreign hospitality can be the government of any foreign country or an agency of such government, a foreign company, citizens of a foreign country, companies, corporations, trusts, societies or associations registered in a foreign country, foreign trade unions, or any international agency. However the United Nations and its specialized agencies, and certain other institutions approved by the Central government of India such as the World Bank and the International Monetary Fund are exempt from the application of the FCRA.

 

Persons who should not receive foreign funding

 In India, the persons prohibited from receiving foreign contributions are candidates for election, correspondents, columnists, cartoonists, editors, owners, printers or publishers of a registered newspaper, and holders of equivalent positions in any electronic or internet based media engaged in the production or broadcast of audio news or audio visual news or current affairs. Judges, government servants or employees of any corporation or any other body controlled or owned by the government, the members of all legislatures (which means the members of every elected body from the Parliament right down to the Panchayats) any political party or office-bearers thereof and any organization of a political nature as may be specified by the Central Government are also prohibited from receiving foreign funding and hospitality.

 When you look at this list of persons barred from receiving foreign funding in the Indian law and think of what has been happening in Sri Lanka for decades, you realize that it’s nothing short of a miracle that this country is still in existence. Even as these words were being written, The Island reported that several Sri Lankan NGOs including the People’s Action for Free & Fair Elections (PAFFREL), the Centre for Monitoring Election Violence (CMEV), the (hitherto unheard of) Center for Investigative Reporting Sri Lanka (CIR) and the Sri Lanka Press Institute (SLPI) had received funding from Canada. In India, that would not have been possible. In 2010 and in the run up to the 2015 presidential election, close relatives of the yahapalana presidential candidates of those years were caught red handed while in possession of large amounts of foreign currency and we still have done nothing about banning candidates at elections and political parties from receiving funds from foreign interested parties.

 In contrast, under the Indian FCRA, No person, resident in India, and no citizen of India resident outside India, shall accept any foreign contribution, or acquire or agree to acquire any currency from a foreign source, on behalf of any political party. No person, resident in India, shall deliver any currency, whether Indian or foreign, which has been accepted from any foreign source, to any person if he knows or has reasonable cause to believe that such other person intends, or is likely, to deliver such currency to any political party or any person referred to in the list mentioned above.

 The Indian Central Government may, having regard to the activities of the organization or the ideology propagated by it or its program or association with the activities of any political party, name such organization as one of a political nature. Such naming will be done by the Central Government on the basis of guidelines formulated by the Central Government itself.

 Restrictions on the acceptance of foreign hospitality in the form of junkets by certain categories of people is also a main part of the Indian FCRA. No member of a legislature (which means any elected body from the Parliament down to the Panchayats) or office-bearer of a political party or Judge or Government servant or employee of any corporation or any other body owned or controlled by the Government shall, while visiting any country or territory outside India, accept, except with the prior permission of the Central Government, any foreign hospitality. Even if such a person falls ill during a visit overseas, and receives emergency medical treatment, that’s categorized as foreign hospitality and it has to be reported to the authorities within one month from the date of receipt of such hospitality giving the source from which, and the manner in which, such hospitality was received.

 

Those who are registered and granted a certificate to receive any foreign contributions, are prohibited from transferring such foreign contribution to any other person unless that other person is also registered and had been granted the certificate or obtained prior permission to receive foreign contributions. Such transfers can take place only on the basis of the prior approval of the Central Government.  

 

Conditions attached

 

Under the Indian FCRA, every person who has been granted a certificate or given prior permission to receive foreign funds can receive such funds only through a single bank account.  There are a number of rules which have to adhered to in spending this money as well. Firstly, it can be used only for the purposes for which the contribution has been received. Not more than 50% of the money received can be spent on administrative expenses. In deciding whether any person or entity should be granted permission to receive foreign funds or foreign hospitality, the Indian central government will have to satisfy itself to the effect that allowing such foreign funding or foreign hospitality would not be prejudicial to the sovereignty and integrity of India; the public interest; the freedom or fairness of election to any legislature, or harmony between religious, racial, social, linguistic or regional groups, castes or communities.

 The FRCA states very specifically that no person having a definite cultural, economic, educational, religious or social program shall accept foreign funding unless such person obtains a certificate of registration from the Central Government. Another point to note in the Indian FRCA is that the implementing authority is always the Indian central government with the states having no role in it. If the government has reasonable cause to believe that any provision of the FRCA is being, contravened, the Central Government may appoint an officer to audit any books kept by the persons or entities concerned. Such officer shall have the right to enter any premises for the purpose of carrying out his duties.

 Every candidate for election, who had received any foreign contribution, at any time within one hundred and eighty days immediately preceding the date on which he is duly nominated, shall give, within such time and in such manner as may be prescribed, an intimation to the Central Government as to the amount of foreign contribution received by him, the source from which, and the manner in which, such foreign contribution was received and the purposes for which and the manner in which such foreign contribution was utilized by him. Whoever accepts, or assists any person, political party or organization in accepting, any contribution from a foreign source, in contravention of any provision of this Act shall be punished with imprisonment for a term which may extend to five years, or a fine, or both.

 The Foreign Contributions Regulatory Act has obviously served India well over the past four decades and more which is why the 1976 Act was revised and renewed in 2010. The politics of Sri Lanka would have been very different if such a law had been in operation in Sri Lanka as well. The year 2015 was the year that the foreign funded NGO sector virtually took over Sri Lanka with many such individuals obtaining appointments as members of the numerous commissions that were set up. The lesson that our past experiences teach us is that if India needed an FRCA, we need it even more.



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Politics

On nation(s), nationalist(s) and nationalism(s)

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by Malinda Seneviratne

Around 20 years ago, a young politician with nationalist pretensions made an interesting observation (in Sinhala), the gist of which is as follows: ‘There is no such thing as a “Sinhala Race” but people think there is — we should exploit the perception.”

Interestingly, he was at the time in a political party that was contesting an election on a Sinhala card, so to speak. Now if there’s nothing called ‘Sinhala Race’ then there cannot be subjective identification with that term. Why then should anyone who speaks Sinhala vote for such a party, is a question he may not have considered.

The party didn’t do well in that election, returning just one candidate to Parliament and this too on the national list courtesy of predetermined ratios. Perhaps some ‘Sinhalese’ did consider ‘race’ as a subjective identifier; some as in a tiny minority. Barely three years later, a shift from Sinhala to Buddhist in political rhetoric yielded far better results and yet the overall vote was just a fraction of the population that spoke Sinhala.

Perhaps Sinhala or Sinahla Race aren’t that important when it comes to elections. Perhaps other factors have more compelling weight in the calculations of a voter. Perhaps, as he said, there’s no such thing as a ‘Sinhala Race;’ one might argue, never mind that nothing in this country has been as vilified as Sinhala Nationalism, real or imagined, and never mind that the vilifiers play deaf and dumb over act and word from other communities (real or imagined) that would, in terms of equivalencing, qualify for the ‘nationalist’ tag and, let us not forget, again by virtue of similarity warrant similar vilification.

Twenty years ago, turning to a random page in a copy of the Majjima Nikaya, I came across the Payasi Rajaagna Sutra which gave an insight into this issue of identity. Here’s the gist:

The sutra is essentially a conversation between Kumara Kashyapa Thero and an argumentative merchant who took issue with the doctrine of the Buddha and expressed doubt by posing unanswerable questions such as the following: ‘what is nirvana like?’ By way of response, the Thero related an anecdote about a fire-worshipping Jatila.

This Jatila had an apprentice of sorts. One day the master had to go on a journey and he had instructed the boy to make sure that the fire would not go out. The boy was careless. The fire went out. The boy didn’t know how to make a fire. He split the firewood to tiny slivers, he searched among the ashes for the fire that had gone missing. The Jatila, returning after a couple of days, duly reprimanded the disciple and lit the fire.

And so, the Thero expounded: just as he who does not know how to make fire will not make fire, those who without wisdom look for nirvana will not find it.

The application: he/she who looks for race without knowing what it is or rather what it is constituted of or is not empowered with techniques of identification, will not find it. My comment from 20 years ago went on the following lines: it is a good thing that identification is hard for if that was not the case that which was looked for would be destroyed or purchased.

And so, for reasons of political convenience Sinhalaness (or for that matter Tamilness or any other ‘ness’) misidentified is observed in the persona of the enemy of the moment. That enemy, admittedly, might even wear the identity-garb, sometimes with conviction that the cloth covers the real thing but more typically because it is also convenient. And so we have battles among the convenient for reasons of convenience.

Identity is an interesting thing. Prof Arjuna Parakrama, speaking on the subject at a Commonwealth Literature confab in Peradeniya University around 16-17 years ago, told the story of a ‘Sinhala’ individual somewhere in the North Central Province (if memory serves right) who, when asked who he was, had lots to say with ‘Sinhalese’ or ‘Sinhala-speaking’ either not being mentioned or mentioned as one among many self-identifiers. Parakrama was asked how he, Parakrama, would identify himself. His response was ‘good question.’ He did not answer.

And yet, nationalism is an often used word. Nationalists there are. Of all kinds. Rata, jathiya and aagama (nation, race and religion) are easy words that are used frequently in power politics. They are ferociously affirmed and equally ferociously vilified. It’s like a set of clowns or thugs averse to acknowledging silliness and belligerence respectively and therefore talk about the clothes they and their political others wear.

Of course the self-labeled nationalists (of all hues) are in-your-face visible. The more extreme the position or the more intractable in terms of political project(s) the more visible they are. And that’s where one finds the nationalist discourse. The label-wearers are the stars/villains. The parties they identify with have star/villain value. Whether their amalgam constitutes THE NATION is of course a moot point. They are part of it, obviously. They do shape/disfigure the political edifice. What they do and do not do, what they say and do not say, have a bearing on nation, nationalists, nationalism that have little truck with them.

It’s easy. Too easy, even. Profitable though in many ways for many people. Somewhere where those lacking wisdom cannot see nation, somewhere outside of the universe they traverse in nation-garb, there is probably a nation and a people who identify with it in ways that don’t make it to even the footnotes of the nationalist discourse.

That’s a good thing, for after all the shouting is done, the buildings brought down and upon those ruins other mansions or hovels (as the case may be), the blood letting is done and the wounds dressed, foundation and heart will remain. That’s how civilizations survive and reincarnate themselves.

Meanwhile, however, politics we will have. The young politician mentioned at the beginning still spouts nationalism. Less frequently of course and without any chest-beating whatsoever. He has reinvented himself several times and is quite conversant in the doctrine of strange bedfellows. He’s not done too badly, all things considered. He’s not done with nation, though. It is a convenience, after all, and a useful political tool.

 

malindasenevi@gmail.com. www.malindawords.blogspot.com

[Malinda Seneviratne is the Director/CEO of the Hector Kobbekaduwa Agrarian Research and Training Institute. These are his personal views]

 

 

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Politics

Sinharaja – The island’s priceless treasure

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THE WORLD HERITAGE SITES OF SRI LANKA

By EVERYMAN

For both foreign and local tourists Sinharaja Forest is certainly not a hot spot like Yala or Wilpattu. It elicits neither excitement nor thrills. Traveling inside requires no jeeps nor four wheel drive SUVs – just your two legs! Yet adventure is there. In plenty. To be experienced, by seeing, listening and feeling as Nature embraces you in its sound of silence. Sinharaja may it be emphasized, is the most valuable and unique environmental treasure in Sri Lanka. Located in the South- Western part of Sri Lanka it is the island’s last viable area of primary rainforest.

So, what is a rain forest? It is a forest which consists of tall, mostly evergreen trees, on which there is a very high amount of rainfall. These forests are earth’s oldest living ecosystems, with some surviving in their present form for at least 70 million years. According to experts it is likely that Sinharaja was formed during the Jurassic era. This means that Sinharaja is between 145 million to 200 million years old. Hence its uniqueness. Hence its value. To put this incredible fact in its proper perspective geologists have claimed that most of Sri Lanka’s surface lies in the Precambrian strata some of it dating back to 2 billion years. It belongs to the earliest part of Earth’s history.

According to folklore ‘Sinharaja’ derived its name from the lion king that dwelt in and protected this rain forest. It will interest readers to know that the three largest rainforests in the world are the Amazon in South America (also called ‘Amazonia’) which is 2,482,636 sq. miles in extent; next is the Congo rainforest . in Africa which is 1,108,113 sq miles. (Those who are literary minded may recollect that Joseph Conrad’s novel ‘Heart of Darkness’ was centered on this forest through which runs the Congo river; then there is the Valdivan rain forest on the West coast of South America bordering Chile and Argentina. It is 95,753 sq miles.

Just for comparison of their vastness and extent, Sri Lanka is 25,332 sq. miles in extent. So the Amazonia is 98 times the size of Sri Lanka! Sinharaja is 3,422 sq. miles in extent. But its smaller size compared to the largest rain forests just mentioned in no way detracts from its unique endemic fauna and flora. It makes Sinharaja truly incomparable. Sinharaja borders on three districts – Galle, Matara and Ratnapura. Its elevation ranges from 300 to 1,170 meters. The average annual rainfall over the past 60 years has ranged between 3,614 mm to 5,005 mm which is attributed to the South West Monsoon ( May to July ) and the North East Monsoon ( November to January ).

There are three points from which one could enter Sinharaja. One is from Kudawa which is the most frequently used. It is from Colombo to Kalawana to Kudawa. Next is the Pitadeniya entrance. From Colombo to Galle/Matara to Deniyaya to Pitadeniya. The third and least used, is from Colombo to Galle/Matara to Morning Side Estate in Suriyakanda. Whichever way one desires to go it is always advisable to get a licensed tracker. Otherwise there is a danger of getting lost and more importantly a tracker who can unfold the wonders within. Hiking is the only way to go..

And now let’s get inside this marvelous, mystical, mysterious, forest.

Inside Sinharaja, because of the green canopy of trees, through which only about 5 % to 15 % of sunshine falls through, it is dark, eerie and foreboding. And yet it is fascinating. You will be, as Thomas Gray said ‘ far from the madding crowd’s ignoble strife,’ hearing only the orchestra of the forest – the chirping of birds, the chirruping of insects, the occasional ‘coot, coot’ of monkeys and the soft tread of your own feet, as you walk through this cathedral like sanctuary of trees.

Many of the trees reach a height of around 40 meters ( 131 feet ). More than 60 % of these trees are endemic and what is more, many are rare species. Some of the trees, the timber of which is used in house building, are ‘Hora,’ ‘ Bu Hora’ and ‘ Balau’ which is a type of Mahogany. The vegetation density is around 240,00 plants per hectare ( 11,960 sq. yards ) which makes Sinharaja the most dense rainforest in Asia.

The wild life is exotic and enchanting. However unlike in Yala the wild life is not easily seen. The thick dense vegetation hides many of Sinharaja’s mysteries. It has been claimed that there may be a few elephants and leopards but the most common large mammal is the purple faced langur which is endemic. Langurs are long tailed monkeys which have a characteristic loud call. Some have described this species as ‘old world’ monkeys found mainly in India. There can also be found the Brown Mongoose, the Golden Palm Civet, the Small Flying Squirrel and with plenty of luck one may sight the Red Slender Loris, which sleeps by day and ever so stealthily is active at night.

The bird life is varied and colorful. There have been 147 species of birds recorded, whose habitat is within Sinharaja. Of the 26 endemic birds 20 can be found in Sinharaja. Amongst the birds are, the Red Faced Malkoka; the Sri Lanka Blue Magpie’; the Ashy Headed Babbler whose head is grey while its body is ochre/brown, its leg are pinkish while the beak is grey above and pink below; the White Headed Starling with its white head and breast and yellow legs and beak; the Sri Lanka Spotwing Thrush which is light brown in colour with white spots on its body and has a black beak; the Sri Lanka Wood Pigeon which is similar to a dove since both species belong to the same family, (columbidae); the Dusky Blue Fly Catcher which is blue grey in colour with a bright blue forehead. It darts from branch to branch catching tiny insects while in flight. And the Green Billed Coucal which is a type of cuckoo with black plumage and a greenish beak. It is supposed to be the rarest of Sri Lanka birds.

Butterflies of kaleidoscopic colors and sizes flit and flutter amongst the greenery. Here can be found the Sri Lanka Tree Nymph, with a wing span of 15.5 centimeters or 6. 1 inches it is the largest butterfly in the country. Perhaps the most beautiful is the Blue Banded Peacock whose iridescence is unmatched by any other butterfly. The rarest of butterflies is the Sri Lanka Five Bar Swordtail which makes its timid appearance from January to end March.

Reptiles are ever present. The very venomous cobra. The equally venomous Russel’s viper and its cousins, the green pit viper and hump nosed viper. There is also the equally poisonous, krait. Living in peaceful co-existence is the quite docile but frightful to see, the rat snake ( ‘Garendiya’), not to be confused with the poisonous rattle snake, which is not found in Sri Lanka. Finally the very largest and longest of all snakes in

 

Sri Lanka. It is around 23 feet long weighs about 200 pounds and has a girth as large as a telephone pole. It’s the python. It is non-poisonous. But with its sharp backward forming teeth it grasps a prey – anything from rodents to monkeys to deer, wraps several coils around it and constricts it to death prior to swallowing it.

Hence the reason why this species is also called boa-constrictors After a very delicious meal (from the python’s point of view) it coils itself and lies in deep slumber. There are also the scary, but harmless tree frogs which will spring on to you as you move through the heavy undergrowth. Within the damp surface leeches abound. Hence it’s best to wear slacks with the bottom tucked into knee high socks and the shoes liberally doused in salt water. Leeches can bleed you until you faint from blood loss.

There are eight waterfalls cascading down the rocky slopes near the Pitadeniya entrance. One in particular called the Duwili Falls because its three step downward cascade is like a dusty spray, has two large bathing spots at the bottom of the falls. The water is chillingly cold. But if you are brave enough to take a dip you will after the initial shiver find it most invigorating. There are three sparkling, gurgling, streams of cool, clear water which criss-cross through this forest. These streams wind their way and lead on to the North to the Napola Dola and Koskulana Ganga. In the South and South West to the Maha Dola and Gin Ganga. To the West the Kalukandawe Ela and Kudawa Ganga.

In 1978 Sinharaja was declared by the UNESCO as a World Biosphere Reserve and in 1988 was declared as a World Heritage Site.

We now need to turn to a threat – deforestation. It is one of the most serious issues facing our motherland. In the 1920s the forest coverage was 49%. By 2021 it had dropped to just 17%! and alas! Sinharaja, this million year old ecosystem of a treasure gifted by Nature to Sri Lanka did become a victim of partial deforestation. It happened during the 1970 – 1977 tenure of Srimavo Bandaranaike as Prime Minister. Whether it was her own decision, a Cabinet decision or a Minister’s decision, only history can reveal. But yes, by the early 1970s selective logging had commenced. Canadian contractors had with the full authority of the Government entered the forest reserve and begun felling. A 12 meter roadway was cut and trucks, bulldozers and back hoes moved freely carrying the felled trees. The purpose was to feed a massive plywood factory in Salawa, Kosgoda.

There is a saying ‘ Cometh the Hour, Cometh the Man’. That man was Thilo Hoffman. During the time of this near calamity to Sinharaja he was Managing Director of A. Baur & Company. He was also President of the Wildlife and Nature Protection Society (WNPS ). He did not wear the mantle of the latter position lightly. He was an active, dedicated and professionally qualified (holding a Master’s Degree in Agricultural Science) protector and conservator of wildlife.

On being informed about the deforestation of Sinharaja, the WNPS headed by Hoffman initiated a fact finding mission. Hoffmann the indefatigable worker, traversed the length and breadth of Sinharaja and published a report explaining in detail the magnitude of the destruction of fauna and flora in Sinharaja. The WNPS published a booklet written by Hoffmann and freely circulated the English and Sinhala translations. This created a major public outcry against the further damage to Sinharaja. The Government could not ignore the issue, and was compelled to take notice.

A Ministerial Sub- Committee headed by George Rajapakse was appointed. Apparently the plywood was for the manufacture of tea chests. In 1977 Srimavo Bandaranaike’s United Front Government was defeated getting a mere six seats in Parliament. It was at that election that J.R.Jayewardene’s UNP won a landslide victory. Thilo Hoffmann met the new Prime Minister who, it may be recalled, became President one year later, and explained the gravity of the situation in Sinharaja. Jayewardene immediately banned any further logging. Perhaps at this point it is most relevant to request the Governmental Authorities to have some sort of memorial built out of stone at the entrance to Sinharaja, mentioning the name of Thilo Hoffmann – The Saviour of Sinharaja. May he be remembered for generations to come.

There is presently a controversy that a hotel is about to be built within Sinharaja. However in a statement reported in the press on April 8, 2021 the Dept. of Forest Conservation has completely refuted this allegation. The hotel is being built five km away from UNESCO’s World Heritage Site demarcation of the boundary of Sinharaja. It is on a private land adjacent to the Pothupitiya – Rakwana road.

But Sinharaja is too tempting to be allowed to continue its millions of years old existence. Either through colossal ignorance or supreme indifference there will threats to ravish Sinharaja. We know. We are confident. President Gotabaya Rajapakse would never permit this. After all was it not he, who as the one time Secretary Ministry of Defence and Urban Development Authority, pursue the Colombo Beautification Project? Remember how the old Grand Stand at the Race Course was transformed? How the International Rugger Grounds opposite it was created? How the Walking/ Running/ Cycling tracks near Independence Hall were made? His love for our motherland is deep seated and genuine. He saved Sri Lanka once from the cruel clutches of the LTTE. Yes, Sinharaja – this incredible treasure trove of biodiversity will be safe in his care.

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Politics

The British will not learn English, let’s not kid ourselves

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The UK and others hell-bent on censuring Sri Lanka for imagined war crimes frequently refer to documents that are based on a report issued by a ‘panel of experts’ appointed by Ban Ki-moon. The Darusman Report is what it is called. There are lots of claims in that document but no one can claim that any of it was ‘independently confirmed.’ The sources will remain a mystery for years to come. In the United Kingdom, they’ve not heard of the word ‘contradiction’ it seems. Certain things that are partisan and come unconfirmed are permissible whereas other stuff that’s independent (unless the UK actually sided with the Sri Lankan security forces in the last days of the war on terrorism) are out of order.

by Malinda Seneviratne

The United Kingdom, it is reported, has rejected Sri Lanka’s request for the disclosure of wartime dispatches from its High Commission in Colombo. Sri Lanka had made the request during the 46th Session of the United Nations Human Rights Council (UNHRC) in Geneva a few weeks ago.

The dispatches from the then British Defence Advisor, Lt Col Anthony Gash were never referred to in any of the many ‘studies’ on Sri Lanka’s bloody struggle against terrorism. Indeed no one would have known of them or what they contained if not for Lord Naseby invoking the UK’s right to information laws to obtain them.

Gash’s dispatches clearly prove that there were no war crimes committed by Sri Lankan security forces, certainly not the kind that the terrorist lobby (strangely or perhaps not so strangely bed-fellowing with rogue states such as the UK and USA) and indeed these bed-fellows claim have been perpetrated.

British authorities pretended for years that there was no such information available. Now they can’t deny these dispatches exist. And therefore they’ve come up with an interesting disclaimer. The UK now faults Gash for not obtaining independent confirmation of reports he had sent to the Foreign and Commonwealth Office (FCO). Key word: ‘now.’ This was NOT the position originally taken by the FCO.

Alright, let’s take the CURRENT position at face value. Couldn’t the UK table the dispatches in all relevant forums with such caveats/disclaimers? That’s just one issue. There’s another. Yes, the business of ‘independent confirmation.’ What’s independent and what’s confirmation?

The UK and others hell-bent on censuring Sri Lanka for imagined war crimes frequently refer to documents that are based on a report issued by a ‘panel of experts’ appointed by Ban Ki-moon. The Darusman Report is what it is called. There are lots of claims in that document but no one can claim that any of it was ‘independently confirmed.’ The sources will remain a mystery for years to come.

In the United Kingdom, they’ve not heard of the word ‘contradiction’ it seems. Certain things that are partisan and come unconfirmed are permissible whereas other stuff that’s independent (unless the UK actually sided with the Sri Lankan security forces in the last days of the war on terrorism) are out of order.

It seems to me that the authorities in the UK don’t know whether they are coming or going. Well, maybe they do know that they are severely challenged in logic, in intellect, in moral standing etc., but believe that the world someone does not notice. A third possibility: they just don’t care.

The United Kingdom, with respect to the UNHRC resolution and all matters relevant to it, then, hasn’t exactly covered herself in glory, but what of that considering that shamelessness is the blood-stained batch on its coat of arms, so to speak?

Let’s humor them, though. There’s a lady called Sarah Hulton. Let’s assume she knows English. Let’s assume she has some skills in language comprehension. Let’s not assume she values truth, justice and being honorable for we shouldn’t kid ourselves too much. Nevertheless, we can ask some questions.What’s the value of hearsay? Do we discard ‘word’ and if so which words? If we pick some words and junk others, what criteria should we employ? The Darusman Report, for example, is ALL ABOUT HEARSAY. We have to assume that until we know who said what, for only then can we talk of reliability of source.

We have reports that toss out random numbers without a shred of substantiation. Is that OK, Ms Hulton? If Gash is unreliable, how can any report based on some other report that is based on hearsay be okay?

Let’s not kid ourselves. This is not about truth and reconciliation. The United Kingdom values lie over truth, injustice over justice, violation of all basic tenets of humanity over their protection, theft over property rights, plunder over protection. The British are yet to reconcile themselves regarding the many crimes against humanity they have perpetrated or, at least, benefited from. Seeking justice and truth from such people is silly. Seeking honor from the dishonorable is silly.

And yet, in Geneva and in other places where bucks and bombs count more than truth and justice, countries like the United Kingdom will prevail. For now. For now, we must add, for we know that nothing is permanent. For now, the reports of idiots and/or the politically compromised will be valued over those of impartial, dispassionate individuals such as Gash.

Let’s get this right. The British are not just bullies. They are cowards. Intellect is not their strong point or even if they are sophomoric at best, they are bullish enough to push aside the truth. It’s about ‘by any means necessary’ but obviously not in an emancipatory sense of that phrase, as used by Malcolm X. So when they talk of truth and justice, reconciliation and peace and other such lovely things, let’s keep in mind that it’s all balderdash. When they talk of ‘victims’ it is nonsense because without ‘wrongdoing’ that’s established, there can be no ‘victims’. Mr Hulton is not sleeping ladies and gentlemen. The United Kingdom is not sleeping. The Foreign and Commenwealth Office in that country is not sleeping. They are pretend-sleepers. They cannot be woken up.

One is reminded of a song from ‘My fair lady,’ the musical based on George Bernard Shaw’s ‘Pygmalion’. Why can’t the English teach their children how to speak? That’s the title of the song. When the English learn English — now that would be the day! Right now they speak some garbled language devoid of any logic or reason. It works for them.

Colonial-speak is a possible name for that language. It is an excellent communications device in all things antithetical to the high ideals, the furtherance of which was the reason for the establishment of the UNHRC. Indeed that has become the lingua franca of Geneva. The British know this French, pardon the irony! Ms Hulton knows it, as do her bosses in London as did their ancestors whose crimes against humanity are left out from the history books.

We are not talking of the past though. It’s the present. It’s ugly. As ugly as the past, only it’s come wearing other clothes. Nice ones. Not everyone is fooled though.

malindasenevi@gmail.com. www.malindawords.blogspot.com.

[Malinda Seneviratne is the Director/CEO of the Hector Kobbekaduwa Agrarian Research and Training Institute. These are his personal views.]

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