Midweek Review

Former OMP Chief now at BASL helm

Published

4 years ago

2021/03/3

By Shamindra Ferdinando

Editor of ‘Annidda’, Attorney-at-Law K.W. Janaranjana, in a piece in its Feb 21, 2021, edition that dealt with the election of Saliya Pieris, PC, as the President of the Bar Association of Sri Lanka (BASL), asserted that the government hadn’t made a special intervention in the contest.

The government hadn’t made political intervention, though a group of people, including the Secretary of the Sri Lanka Podujana Peramuna (SLPP), and its National List MP, and Attorney-at-Law Sagara Kariyawasam, made a bid to secure the backing of the government for Saliya’s rival. Such attempts made at the provincial level, too, failed to produce the desired results.

Saliya Pieris, who succeeded Kalinga Indatissa, PC, polled 5,093 votes at the election conducted on Feb 24. His rival, Kuvera de Zoysa, PC secured 2,797 votes. The winner secured a staggering 2,386 vote majority – just 321 short of the number of votes polled by De Zoysa.

Janaranjana, a leading member of the civil society grouping Purawesi Balaya, who played a significant role in the yahapalana political campaign, claimed that some of the lawyers who represented top government figures, too, backed Saliya Pieris. Emphasizing that all of them worked for Saliya’s victory, Janaranjana dismissed assertions that the victory achieved by Saliya Pieris was a severe debacle suffered by the Rajapaksas.

Janaranjana attributed the President’s Counsel’s victory to his commitment to the rule of law, independence of the judiciary and human rights throughout his legal career.

A battle between SLPP and Opp.

In spite of the government refraining from taking a stand, as pointed out by Janaranjana, the contest received unprecedented attention, with the lawyer electorate turning it into a battle between the SLPP government and the Opposition. Saliya Pieris, in an exclusive interview with Janaranjana, also published on the Feb 21, 2021 edition of Anidda, three days before the election, flayed the rival group. Pieris emphasized the responsibility, on the part of the BASL, to take a principled stand on contentious issues, regardless of the consequences. Pieris explained his public role since the arrest of High Court Judge Mahanama Tillekaratne, in 1998. Essentially, Pieris flayed the BASL for its failure to take up issues, such as the alleged attack on the Mannar Court by supporters of the then Minister Rishad Bathiudeen, during Mahinda Rajapaksa’s presidential term. However, Bathiudeen, leader of the All Ceylon Makkal Congress (ACMC), now represents the Samagi Jana Balavegaya (SJB).

Pieris also referred to the impeachment of Chief Justice, Shirani Bandaranayake 43, also during the previous Rajapaksa administration. However, there hadn’t been any reference at all to the BASL receiving Rs 2.5 mn sponsorship, in 2016, from disgraced Perpetual Treasuries Limited (PTL) in support of a high profile event conducted at a leading hotel, with the participation of the then Chief Justice, Attorney General, Solicitor General, the President and the Prime Minister. The BASL never explained why funds were obtained from PTL, despite its perpetration of Treasury bond scams, in Feb 2015, and March 2016.

The BASL should be also be seriously concerned about Hejaaz Hizbullah, a prominent lawyer arrested on April 14, 2020 over his direct involvement with the 2019 Easter Sunday attacks. Hizbullah was recently produced in court on a directive issued by Attorney General Dappula de Livera. The lawyer’s arrest, too, caused a sharp division among BASL members and contributed to the overwheming victory achieved by Pieris.

When the writer asked a lawyer, who voted for the winner, why he did so, he explained his position, on the condition of anonymity. The lawyer said: “Voted at the DC polling booth in Colombo. I didn’t vote last time. Lawyers preferred an anti-establishment candidate since the independence of the bar is paramount. On the other hand, lawyers detested hitherto unseen level of inducements being offered to win votes, as well as fabricated false accusations. Anonymous accusations and despicable strategies resulted in further revulsion towards the losing candidate. Unprecedented number of members turned up to ensure a resounding mandate to the winning candidate.

Saliya Pieris responds

The writer sought views of the newly elected BASL President as regards several issues.

(Q) What would be your priorities?

(A) Securing the rights of lawyers in the profession; making a positive impact on issues pertaining to the rule of law, independence of the judiciary and protection of fundamental rights; supporting juniors in the profession and supporting the welfare of the membership.

(Q) You served as first Chairman, OMP (Office of Missing Persons), an apparatus set up in terms of the 2015 Geneva Resolution. GoSL in March 2020

quit the Geneva process. What can BASL do to address accountability issues, both during the conflict and the post war period?

(A) The role of the BASL is different from the OMP. As I have stated, upholding the rule of law, the independence of the judiciary will be a priority. All domestic institutions which address these issues must be independent so that the people who seek relief from them trust these institutions and have confidence in them.

(Q) You secured well over 2000 votes than your rival. How do you intend to win the confidence of those who voted against you?

(A) I have received support from lawyers, across the country and from every community and area. My support cut across all lines, be it party, race, religion or area. On the very day of the announcement of my election, I reached out to all those members who did not vote for me and will continue to.do so. At the same time, I am sure that the members who voted otherwise at the elections will work with me for the betterment of the bar.

(Q)What would you do to prevent deaths in police custody?

(A) Police torture and deaths in custody affect the rule of law and should be condemned. There must be zero tolerance. The Bar must carefully examine these issues and, if needed, lobby the government to ensure fair investigations and that the perpetrators are punished.

(Q) What is your stand on implementation of death penalty and presidential pardon?

(A) These have not been discussed at the Bar Council as yet. My personal view is that I am opposed to the implementation of the death penalty. On presidential pardons, I am of the view that the power of pardon must not be used unreasonably, and must be done by taking into account several factors including the nature of the crime and the views of the aggrieved party.

Let me remind the readers of nine previous BASL Presidents, before Saliya Pieris, who won the presidency: Desmond Fernando, PC (2005 – 2006), Nihal Jayamanne, PC (2006 – 2008), W. Dayaratne, PC (2008 – 2010), Shibly Aziz, PC (2010 – 2012), Wijeyadasa Rajapakshe, PC (2012 – 2013), Upul Jayasuriya, PC (2013 – 2015), Geoffrey Alagaratnam, PC (2015 – 2017), U. R. De Silva, PC (2017 – 2019) and Kalinga Indatissa, PC (2019 – 2021).

Of those 17,200 eligible to vote at the Feb. 24 election, approximately 8,000 voted, though usually only about 6,500 voted in previous years. In other words, nearly 47 per cent chose not to participate in the process.

Who betrayed the country?

Janaranjana discussed how the rival camp depicted Saliya Pieris as a person who betrayed the country by being involved in a treacherous international conspiracy to undermine the armed forces. According to Janaranjana, the rival camp exploited social media and other propaganda means to depict Saliya Pieris as a traitor whose election would lead to the division of the country, on ethnic lines. Janaranjana pointed out how the unprecedented victory achieved by Saliya Pieris proved the failure of the rival camp’s strategy.

Against the backdrop of unsubstantiated allegations, directed at Saliya Pieris, as regards his role as the Chairman of the OMP, it would be pertinent to examine the failure on the part of the BASL to genuinely address accountability issues related to Sri Lanka’s war against the Liberation Tigers of Tamil Eelam (LTTE). The OMP was one of the four mechanisms established in terms of the controversial resolution 30/1 ‘Promoting reconciliation, accountability and human rights in Sri Lanka.’ The four apparatuses are (i) A hybrid judicial mechanism with a Special Counsel to investigate allegations of violations and abuses of human rights and violations of international humanitarian law (ii) A Commission for truth, justice, reconciliation and non-recurrence (iii) An Office for Missing Persons and (iv) and Office for Reparations.

The previous UNP-SLFP administration established the first permanent official body, tasked with tracking down missing persons, in terms of Act No. 14 of 2016. This was done in line with one of the recommendations in the 2015 UNHRC Resolution co-sponsored by the Government of Sri Lanka. Due to political turmoil, the government was able to establish the OMP two years after the Act was passed. The OMP initiated ‘operations’ in May 2018 with members visiting Mannar to meet the families of those disappeared in that District.

The OMP’s mandate, according to Part II Section 10 of the Office on Missing Persons Act, No. 14 of 2016:

(a) To search for and trace missing persons and identify appropriate mechanisms for the same and to clarify the circumstances in which such persons went missing;

(b) To make recommendations to the relevant authorities towards addressing the incidence of missing persons;

(d) To identify avenues of redress to which missing persons and relatives of missing persons are entitled to, and to inform the missing person (if found alive) or relative of such missing person of same.

(e) To collate data related to missing persons obtained by processes presently being carried out, or which were previously carried out, by other institutions, organizations, Government Departments and Commissions of Inquiry and Special Presidential Commission of Inquiry and centralize all available data within the database established under this Act.

(f) To do all such other necessary things that may become necessary to achieve the objectives under the Act.

Saliya Pieris received the appointment as Chairman, OMP on May 1, 2018. The civil society activist quit the Human Rights Commission of Sri Lanka (HRCSL) to take the leadership of the OMP. The outfit comprised Saliya Pieris, PC, Ms. Jayatheepa Punniyamoorthy, Major General (Rtd.) Mohanti Antonette Peiris, Sriyani Nimalka Fernando, Mirak Raheem, Somasiri K. Liyanage and Kanapathipillai Venthan.

The now defunct Constitutional Council picked the OMP members. The then President Maithripala Sirisena finalized their appointments. It would be pertinent to mention that OMP member Mirak Raheem had been a member of the Consultation Task Force on Reconciliation Mechanisms (CTFRM), headed by Attorney-at-Law Manouri Muttetuwegama. The outfit called for full participation of foreign judges in the proposed inquiry.

OMP’s intervention helps Lanka

The then Joint Opposition campaigned both in and outside the OMP, alleging the outfit would pave the way for unprecedented international scrutiny of the war-winning armed forces. However, thanks to OMP’s intervention, Sri Lanka was able to disapprove the high profile accusations, pertaining to the Mannar mass graves. Whatever the accusations, the OMP helped Sri Lanka to counter an extremely serious allegation raised in the run-up to the March 2019 Geneva sessions by UN human rights Chief Michelle Bachelet.

Bachelet served as the Chilean President for nine years, beginning 2006. Bachelet had been in an indecent hurry to pressure Sri Lanka over accountability issues and she blindly blamed the Mannar mass graves on the Sri Lanka Army before a leading US lab, contacted by the OMP, tested the bones and found them to be several centuries old and belonged to the colonial period. Unfortunately, the then government never bothered to further examine the Mannar mass graves case as part of an overall investigation into unsubstantiated allegations. In fact, Sri Lanka never properly examined the campaign conducted by interested parties to undermine post-war Sri Lanka.

President Mahinda Rajapaksa’s government brought the war to a successful conclusion in May 2009. Wartime disappearances are certainly politically sensitive issues, exploited by political parties here, as well as various other interested parties.

The scientific findings of Beta Analytic Institute of Florida, USA, in respect of samples of skeletal remains, sent from the Mannar mass grave site, quite upset the Tamil National Alliance (TNA). TNA appointed then Northern Province Chief Minister C.V. Wigneswarn rejected the US findings. Michelle Bachelet went to the extent of commenting on the Mannar mass grave in her report that dealt with the period from Oct 2015 to January 2019.

The following is the relevant section bearing No 23 from Bachelet’s report: “On May 29, 2018, human skeletal remains were discovered at a construction site in Mannar (Northern Province), Excavations conducted in support of the Office on Missing Persons, revealed a mass grave from which more than 300 skeletons were discovered. It was the second mass grave found in Mannar following the discovery of a site in 2014. Given that other mass graves might be expected to be found in the future, systematic access to grave sites by the Office, as an observer, is crucial for it to fully discharge its mandate, particularly with regard to the investigation and identification of remains, it is imperative that the proposed reforms on the law relating to inquests, and relevant protocols to operationalize the law be adopted. The capacity of the forensic sector must also be strengthened, including in areas of forensic anthropology, forensic archaeology and genetics, and its coordination with the Office of Missing Persons must be ensured.”

Disappearance of Ekneligoda

However, Sri Lanka cannot ignore the issue as disappearances took place during successive governments. Disappearances took place during the conflict and also in the post-war period. The disappearance of media personality Prageeth Ekneligoda on the eve of the 2010 January presidential election, is a case in point. The failure on the part of Sri Lanka to address Ekneligoda disappearance increased international pressure on Sri Lanka. The government owed an explanation as regards the media personality’s disappearance over a decade ago. There cannot be any rationale in blanket denial of accusations. In fact, efforts to deceive the public, and the international community in respect of perhaps isolated cases such as the Ekneligoda disappearance had facilitated the high profile Western strategy meant to subvert Sri Lanka on unsubstantiated war crimes allegations.

With Saliya Pieris at the helm of the BASL, it can certainly play a significant role in Sri Lanka’s effort to ascertain the truth. The new BASL Chief, with valuable experience as a member of the HRCSL as well as the Chairman, OMP, can undertake a thorough examination of events/developments leading to the final confrontation between the Army and the LTTE on the banks of the Nanthikadal lagoon, in the Mullaitivu district, on the morning of May 19, 2009. The BASL had been largely silent on the Geneva issue though one of its high profile members, TNA lawmaker M.A. Sumanthiran, declared, in mid-2016, the acceptance of foreign judges in local war crimes investigation mechanisms. The declaration was made in Washington in the presence of the then Sri Lanka’s Ambassador there Prasad Kariyawasam. The Foreign Ministry remained conveniently silent on the issue. In August 2017, Kariyawasam received the appointment as the Foreign Secretary, whereas President Sirisena brought in Tilak Marapana, PC, and a one-time Attorney General as the Foreign Minister. Marapana, too, followed the UNP strategy. The UNP-led government turned a blind eye to the UK House of Lords disclosure on Oct 12, 2017 how the British government suppressed confidential dispatches from its Defence Advisor in Colombo Lt. Col. Anthony Gash (Jan-May 2009). The UK, now leading the Sri Lanka Core Group targeting the country in Geneva, in the absence of the US, continues to shamelessly suppress dispatches, pertaining to Sri Lanka, as the disclosure of such would jeopardize the Western campaign against the country.

Perhaps the appointment of Saliya Pieris couldn’t have taken place at a better time for the country. The respected lawyer received the BASL leadership, the day Foreign Minister Dinesh Gunawardena responded to Michelle Bachelet’s damning report. The writer is of the opinion that Minister Gunawardena, in his speech, should have requested Michelle Bachelet, as well as the 47-members of the UNHRC, to re-examine all available evidence, information and data. Minister Gunawardena should have formally requested the UK, a member of the UNHRC, to disclose all such dispatches sent by Gash to London. The UK released only a section of heavily censored dispatches, following the unprecedented intervention made by Conservative Party veteran Lord Naseby. Sri Lanka pathetically failed to exploit Gash dispatches in spite of Lord Naseby raising the issue, ahead of the Geneva sessions. Let me reproduce the relevant question raised by Lord Naseby and the response received.

Lord Ahmad of Wimbledon, the Foreign, Commonwealth and Development Office, on Feb 16, 2021, told Parliament that the UK Government had not received any request from the Geneva Council for copies of dispatches written by the former defence attaché at the British High Commission in Sri Lanka Gash about events in Sri Lanka related to the civil war, and had not provided any.

Lord Ahmad was responding to Lord Naseby’s query raised on Feb 4, 2021, whether the UK government provided to UNHRC any (1) censored, and (2) uncensored, copies of dispatches from Lieutenant Colonel Gash, the former defence attaché of the British High Commission in Sri Lanka about events in that country between 1 January and 18 May 2009, relating to the civil war.

Unfortunately, Sri Lanka for some strange reason, refrained from raising the the US disclosure, in 2011, that battlefield executions didn’t take place, or confidential UN report that contradicted the main Geneva accusation the military massacred 40,000 civilians.

Perhaps, the BASL, under its new leadership, can examine the whole gamut of issues, with the focus on the UNSG’s Panel of Experts (PoE) report (March 31, 2011) that prevented examination of unsubstantiated war crimes allegations on the basis of which Sri Lanka co-sponsored the 2015 Geneva resolution. According to the PoE (paragraph 23, titled Confidentiality of the Panel’s records), the examination of unsubstantiated allegations wouldn’t be allowed till 2031 in terms of the UN directive. Even after the 20-year period of classification as confidential records, those unsubstantiated allegations wouldn’t be examined without a declassification review. Let us hope the BASL undertakes a thorough study on accountability issues. Pieris, is certainly the most qualified to lead the inquiry.

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Midweek Review

North: A change in status ahead of Maaveerar Naal

Published

5 days ago

2024/11/20

Sahan Weerasooriya

Premier Dr. Harini Amarasuriya receives her letter of appointment from President Dissanayake. The NPP government’s success will largely depend on the duo: AKD, who entered Parliament in 2000 and new entrant HA (pic courtesy PMD).

* One-time LTTE mouthpiece TNA is no more

* N & E Tamil speaking representation enhanced

* Fresh look at Sarath Fonseka’s performance at 2010 Prez poll in North required

The new government’s main challenge is ensuring the full implementation of the IMF-led post-Aragalaya economic recovery in line with the Economic Transformation Bill approved by the previous government without a vote. Whatever the side-shows, the focus not only of the government but the Parliament should be on preparing the country to resume debt repayment in 2028 or be ready to face the consequences.

By Shamindra Ferdinando

In a way it was a great thing for the country that the National People’s Power (NPP) scored an emphatic victory at the Nov. 14 general election. Now the Janatha Vimukthi Peramuna (JVP)-led NPPers can have no excuses for not being able to fulfill their promises as would have been the case if the preceding September Presidential election outcome was repeated with the combined Opposition having the lion’s share of the vote, which would have left the country with a virtual hung Parliament of no benefit to anyone other than creating a parliamentary stalemate, leading to fresh political chaos.

We will, however, grant the fact they have a very tall order to fulfill after the previous governments having virtually signed away our sovereignty with the deals they had inked during their tenures.

But we do have a nagging suspicion about someone working in not so mysterious ways against us behind the scene, after what the former US Secretary of State, John Kerry, publicly stated not too long after the defeat of President Mahinda Rajapaksa at the 2015 presidential election when he crowed to the whole world how they had spent several hundred million dollars for regime change operations at the time in several countries, including Sri Lanka. Then we also know since then how a US engineered coup ousted the popularly elected Prime Minister of Pakistan Imran Khan by way of parliamentary and military shenanigans, and then the more publicised way they ousted Prime Minister Sheikh Hasina of Bangladesh and then virtually ruined that country as was the case during the Aragalaya here in 2022 to oust the legally elected President, with a wide mandate, Gotabaya Rajapaksa.

The NPP has accomplished the impossible, even in the North, in the form of securing the Jaffna electoral district at the recently concluded parliamentary election. The NPP obtained three seats, nothing but a historic watershed.

The ruling party also won the Vanni electoral district, the scene of some of the bloodiest fighting during the Eelam War IV (Aug 2006-May 2009). Securing Jaffna and Vanni consisting of Vavuniya, Kilinochchi and Mullaitivu administrative districts, is as difficult as eradicating the conventional fighting capability of the Liberation Tigers of Tamil Eelam (LTTE). The NPP won two seats in the Vanni.

The final phase of the ground offensive was conducted in a corner of the Vanni electorate where LTTE leader Velupillai Prabhakaran met his maker.

The NPP secured two seats in Trincomalee and one in the Batticaloa districts, whereas Digamadulla gave President Anura Kumara Dissanayake’s party four more seats. Altogether 12 out of 29 parliamentary seats available in the five above-mentioned electoral districts ended up with the NPP.

The NPP delivered the stunning blow to those who still pursued separatist agenda, regardless of the LTTE’s demise over 15 years ago. The combined armed forces brought the war to a successful conclusion in May 2009.

The Illankai Tamil Arasu Kadchi (ITAK)-led Tamil National Alliance (TNA) that dominated the Northern and Eastern provinces since 2001 hadn’t been in the fray at the 2024 general election. The TNA that had been in the grip of the LTTE, during 2004-2009, disintegrated 15 years after the end of war, with the ITAK unceremoniously ending the partnership. Ex-TNA members, EPRLF, TELO and PLOTE contested the general election under the ticket of Democratic Tamil National Alliance (DTNA).

The ITAK obtained seven seats (Batticaloa three, Jaffna one, Vanni one, Digamadulla one, Trincomalee one) whereas DTNA won just one (Vanni one). It would be pertinent to mention that ITAK and DTNA fielded a common list for the Trincomalee district to ensure a split in the Tamil vote wouldn’t cost the community much valued representation therein. ITAK Trincomalee leader Kathiravelu Shanmugam Kugathasan, who replaced R. Sampanthan in Parliament at the last Parliament, won that seat.

In addition to the seven elected, the ITAK that contested under the ‘House’ symbol won one National List slot. Ahila Ilankai Tamil Congress (AITC) was the only other party to secure a seat (Jaffna/ Gajendrakumar Ponnambalam) while Independent Group 17 (Jaffna/ Ramanathan Archuna) won one. Altogether Tamil political parties obtained 11 seats, one less than the NPP.

M.A. Sumanthiran (ITAK/Jaffna), Dharmalingham Siddharthan (DTNA/Jaffna) and Sashikala Nadarajah (DTNA/Jaffna), widow of slain ITAK MP Nadarajah Raviraj were some of the big losers. In the east, one-time Chief Minister of the Eastern Province Sivanesathurai Chandrakanthan alias Pilleyan, formerly of the LTTE, failed to retain his Batticaloa district seat. Former LTTE field commander and ex-lawmaker Vinayagamoorthy Muralitharan aka Karuna Amman made an unsuccessful bid to re-enter Parliament also from the Batticaloa district.

In the previous Parliament, there had been 16 MPs representing five Tamil political parties (ITAK, AITC Eelam People’s Democratic Party [EPDP], Tamil Makkal Viduthalai Pulikal [TMVP] and Tamil Makkal Thesiya Kuttani [TMTK]. Last week’s poll eliminated EPDP, TMVP and TMTK while new entrant NPP created political history by winning 11 seats.

In spite of the humiliating setback suffered by those who had been previously in Parliament, the NPP tally has increased the total strength of the Tamil-speaking group representing N & E in Parliament. Perhaps, the successful formation of NPP’s Tamil-speaking wing may influence other political parties to re-examine their overall political strategy. They may not have any other alternative as failure to do so can further weaken their position at the forthcoming Provincial Council and Local Government polls. PC and LG polls are expected to be held next year.

Shanakiyan Rasamanickam, who re-entered Parliament with a convincing win in Batticaloa, consolidated his position, within the party and the district, due to ITAK’s admirable performance there. If not for three Batticaloa seats, ITAK aka Federal Party would have been in an utterly embarrassing position. Batticaloa electoral district is the only one that the NPP couldn’t win. Therefore, the outspoken Rasamanickam can be really happy to have thwarted the NPP in the eastern district.

Now to bury the hatchet between the two or, more correctly, the three literally warring communities here, NPP will have to think out of the box to find a solution that may be by way of sharing power at the centre rather than the periphery, as was successfully done under the Donoughmore Constitution.

Accountability issues

At the presidential election held in Sept. the NPP couldn’t win at least one electorate in the North but did so well several weeks later, it could win Jaffna and Vanni electorates. If not for that sterling performance, the NPP couldn’t have secured an unprecedented 2/3 majority. President AKD should be ever grateful to the northern and eastern electorates for facilitating a 2/3 majority.

Since the introduction of the proportional representation at the 1989 Parliamentary election, no party succeeded in securing a 2/3 though many alleged the Rajapaksas abused such huge mandates. They were, of course, referring to the UPFA securing 144 seats and 145 seats at the 2010 and 2020 general elections, respectively. For a simple majority, the winning party needs 113 seats while 2/3 means 150 seats.

Against the backdrop of NPP’s victory in the N & E, the new Parliament should review Sri Lanka’s response to post-war accountability issues. Since the eradication of the LTTE, the TNA propagated politically motivated unsubstantiated war crimes allegations, both here and abroad. Finally, the treacherous Yahapalana government (2015-2019) betrayed the war-winning armed forces at the Geneva-based United Nations Human Rights Council (UNHRC) in Oct 2015. The accountability resolution that had been co-sponsored by the US-led grouping and Sri Lanka was meant to pave the way for a new Constitution aimed at doing away with the country’s unitary status.

Interestingly, the war-winning Army Commander, Sarath Fonseka, who had been promoted to the rank of Field Marshal, in March 2015, served in that Yahapalana Cabinet, chaired by President Maithripala Sirisena. The role played by the then Premier Ranil Wickremesinghe and the late Foreign Minister Mangala Samaraweera in that despicable act is in the public domain. The failure on the part of Fonseka, who served President Sirisena’s Cabinet to vigorously oppose the government move is still a mystery.

The writer repeatedly discussed the failure on the part of Parliament and urged concerned political parties to raise the Yahapalana-TNA Geneva operation after the same lot fielded Fonseka as the common presidential candidate in 2010. Although Fonseka lost the contest by a massive 1.8 mn votes to war-winning President Mahinda Rajapaksa, he handsomely won the Jaffna, Vanni, Trincomalee, Batticaloa and Digamadulla electoral districts at the same election.

The NPP’s excellent showing in the N & E at the recently concluded general election should be examined taking Fonseka winning the former war zones 14 years ago.

Having alleged Fonseka’s Army of war crimes throughout the northern campaign, the TNA had no qualms in backing the Sinha Regiment veteran. Unfortunately, political parties represented in Parliament never bothered to raise TNA’s duplicity. Instead, all of them shamelessly and brazenly played politics with the issue, seeking petty political advantage at the expense of the armed forces. There hadn’t been a single instance of a war-winning country betraying its armed forces hitherto anywhere in the world. It was only the Maithripala Sirisena/Ranil Wickremesinghe govt. that achieved that dastardly act.

The JVP, though being not part of the Yahapalana Cabinet, never opposed the government’s move against the armed forces. However, the NPP’s victory in the North, perhaps would give an opportunity for President AKD, who is also the Defence Minister and Commander-in-Chief of the armed forces, to address the issue at hand afresh. President AKD retained the Defence portfolio when the new Cabinet of Ministers was sworn in last Monday.

The developing situation in the North may help post-war national reconciliation efforts. Successive governments deliberately allowed further deterioration of relations between the two communities by not taking apt remedial measures. Those who propagated lies were allowed to do so much to the disappointment of the armed forces. Parliament turned a blind eye even when the US and Australia et al denied visas to retired and serving officers and US imposed travel ban on the then Army Commander Gen. Shavendra Silva, the incumbent Chief of Defence Staff (CDS). Maj. General Chagie Gallage, now retired, is another victim of external reprisals.

Maaveerar Naal (Great Heroes’ day)

The Tamil Diaspora must have been quite surprised by the outcome of the general election. Some interested parties played down the importance of NPP victory in the North on the basis of low turnout of voters. It would be interesting to observe how the Diaspora and political parties here mark this year’s Maaveerar Naal. Commencing 1991, the LTTE used to celebrate Nov. 21-27 week as Great Heroes Week. During the period the group wielded power, the weeklong celebrations and activities received even international media attention.

This year, Maaveerar week is scheduled to commence on Nov 21 (tomorrow), the day the 10th Parliament meets. What would those elected from the NPP, ITAK and other parties do this year? Would interested parties seek to cause some unnecessary commotion in a bid to embarrass the government. Let us hope the government would handle the situation cautiously as opportunistic elements on both sides seek to exploit the developments. ITAK’s Sivagnanam Shritharan paid tribute to fallen Maaveerar at Kanagapuram, Kilinochchi.

The NPP’s unexpected victory in the north may compel not only Tamil Diaspora but Western countries, particularly Canada, to review their position.

Canada declared May 18 as Tamil Genocide Remembrance Day as Premier Justin Trudeau’s government sought to appease Canadian voters of Sri Lankan origin. Canada cannot under any circumstances ignore the Tamil vote received by the NPP as people discarded unsubstantiated war crimes allegations directed at the government, for the second time. Had the northern electorate believed the Army wantonly killed civilians on the Vanni east front in 2009, as alleged by the UN, they wouldn’t have voted for Fonseka. Perhaps, the people wanted the government to bring the war to an end at any cost. Having waged two terror campaigns in 1971 and 1987-1990, the JVP should be able to comprehend the need and the responsibility on the part of the government of the day to take whatever measures necessary to deal with the challenge.

The NPP was formed in 2019 just months ahead of the presidential election as the JVP realized it couldn’t push ahead on its own but needed wider public support. The NPP achieved that with ease within six years.

In August 2006, the then President Mahinda Rajapaksa went ahead with an-all-out campaign against the LTTE after failing to convince them to negotiate for a final settlement. President Rajapaksa had no option but to go on the offensive after the failed LTTE assassination attempts on the then Army Commander Lt. Gen. Fonseka (April 2006) and then Defence Secretary Gotabaya Rajapaksa (Oct. 2006). The TNA remained committed to the LTTE’s murderous cause until the very end.

A matter for serious concern

An unbelievably large number of voters skipped the general election. All political parties, including the NPP, should be concerned over the unprecedented deterioration of voter interest, especially after a thrilling presidential election brought AKD to power just six weeks ago. A substantial increase for the NPP from 5,634,915 votes (42.31 %) at the presidential to 6,863,186 (61.56%) at the general election just weeks later shouldn’t be allowed to divert attention to the massive drop in public interest. Well over half a million rejected votes, too, must worry all.

The NPP won 159 seats, including 18 National List slots, nine more than required for a 2/3 majority. At the presidential election 3,520,438 voters refrained from exercising their franchise. But that figure increased to 5,325,108 at the general election while the number of rejected votes, too, recorded a significant increase. According to the Election Commission, at the presidential poll, the number of rejected votes was 300,300 while the general election recorded 667,240 rejected votes.

What really caused such an increase in the number of rejected votes was when the number of polled votes dropped from 13,619,916 votes (79.46%) to 11,815,246 (68.93%)? In other words of the 17,140,354 people eligible to vote, a staggering percentage decided not to. Voter apathy is not healthy. Not healthy at all.

A rethinking on the part of the SJB and New Democratic Front (NDF/consisted of former SLPP lawmakers and UNP) is necessary as they couldn’t at least retain the number of votes received at the presidential election. SJB that polled 4,363,035 votes (32.76 %) at the presidential poll could muster only 1,968,716 (17.66%) at the general election, while NDF could secure 500,835 (4.49%) having polled 2,299,767 (17.27%) just weeks ago. The SJB and NDF ended up with 40 seats (including five NL slots) and five seats (including 2two NL slots) while the SLPP that won 145 seats at the 2020 general election had to be satisfied with three seats, including one NL slot.

Both Sajith Premadasa and Ranil Wickremesinghe should seek remedial measures before the EC announced PC and LG polls. Perhaps, divided groups have to unite under one banner either under SJB or UNP or face annihilation at the PC and LG polls. For Premadasa and Wickremesinghe time seemed to have run out.

The SLPP obtained 350,429 votes (3.14%) at the general election up from 342,781 (2.57 %) at the presidential election. For the SLPP a rapid recovery process will never be possible as its only NL member and leader of the minute group Namal Rajapaksa is likely to be the target of corruption investigations. The SLPP group consists of Namal Rajapaksa, newcomer Chanaka Sampath (Galle) and D.V. Chanaka (Hambantota).

Fifteen political parties represented the last Parliament. They were SLPP (145), SJB (54), ITAK (10), NPP (03), EPDP (02), AITC (02), TMVP (01), SLFP (01), MNA (01), TMTK (01) TMTK, ACMC (01), NC (01), SLMC (01), UNP (01) and OPPP (01). The new Parliament will be represented by 13 political parties and one independent group – namely NPP 159, SJB 40, ITAK 08, NDF 05, SLPP 03, SLMC 03, Sarvajana Balaya (NL), UNP (01), DTNA (01), ACTC (01), ACMC (01), Jaffna Ind. Group 157 (01) and SLLP (01).

Midweek Review

‘Ramayanizing’ Sri Lanka by Courtesy of SriLankan Airlines

Published

5 days ago

2024/11/20

Sahan Weerasooriya

Srilankan advertisement

(The author is on X as @sasmester)

SriLankan Airlines’ five-minute commercial promoting the so-called ‘Ramayana Trail’ in Sri Lanka is being accepted very naively as an enticing and heartwarming advertisement by Sri Lankan and Indian viewers across social media. Predictably, the video has also gone viral. It shows a young child being educated about aspects of the Ramayana legend by his grandmother, while zooming in on locations in Sri Lanka where local mythology has made associations with some narratives of the Ramayana. Beyond the rave reviews of the commercial in Sri Lanka and India, an astute observer would in fact see it as a very problematic rendition for one simple reason. That is, when viewed from the perspective that it is paid for by SriLankan Airlines, a government entity funded by local taxpayers, what is said and promoted, in effect, would be through the voice of the state and the government. Therefore, for instance, when the granny tells the child, “all the places in Ramayana are real. Today, we know Lanka as Sri Lanka”, in one careless and ill-thought-out fell swoop, SriLankan Airlines has given credence to belief as evidence, myth as history, fiction as fact, asserting Ramayana’s Lanka as present-day Sri Lanka when numerous Indian renditions of the story locate parts of Ravana’s Lanka well within contemporary India.

Admittedly, the commercial will certainly attract Indian tourists and pilgrims, particularly from the northern parts of the country. The question that comes to mind however is whether this is the only way to promote the trail? Many of my friends have already made the trip without the nudging of the new advert. The advert also begs the question, whether local sensitivities and cultural meanings linked to the Sanskrit epic were ever considered when it was conceptualised, or at any point even after in the process. More importantly, who gave the final seal of approval?

The hegemonic narrative in the commercial is what one might call a ‘North Indian Brahminic’ approach to the Ramayana, which erases other versions of the epic including the Ravana-centric myths in Sri Lanka itself. Unfortunately, it is this hegemonic narrative that has been making the rounds for some time in India with Rama as its protagonist and Ravana as the absolute villain, the all-evil-encompassing antagonist. In this rendition, it is no longer simply an ancient epic or a story of innocence and faith, but a contemporary political narrative with considerable cultural power, authority and reach, performed and used by the state itself. This narrative feeds directly and indirectly into the somewhat imperialist designs of certain contemporary Indian political forces so aptly encapsulated in the hegemonic political concept of Akhand Bharat. However, in real life, understandings of the Ramayana have never been this simple or linear.

The title of Prof A.K. Ramanujan’s seminal essay, ‘Three Hundred Ramayanas: Five Examples and Three Thoughts on Translation’ offers a clear indication into the many versions of the Ramayana and the complex narrative traditions of both India and lands beyond where aspects of the epic have become part of local myths, folktales or performance traditions. Interestingly, Prof Ramanujan’s essay was dropped from the Bachelor of Arts in History (Honours) degree programme at Delhi University in 2011 amidst considerable agitations lead by Akhil Bharatiya Vidyarthi Parishad, a right-wing students’ organization, precisely because its contents complicate the way in which the political narrative that is the Ramayana today is presented.

It is truly unfortunate that the narrative given prominence in the Sri Lankan Airlines advert stems from this dominant, parochialized and utterly politicized version of the Ramayana which sweepingly demonizes Ravana. This broad-brush demonization reaches its peak in India during Dussehra, the festival during which effigies of Ravana are burnt to symbolize the vanquishing of evil (Ravana) by good (Rama). However, interestingly, in many of India’s tribal areas, the narrative is closer to that in Sri Lanka, where Ravana is seen as a hero, and importantly as a source of knowledge and ethics. In 2017, in the Katol area in the State of Maharashtra, tribal people forced the local administration to stop the burning of Ravana effigies during Dussehra. In Nashik, also in Maharashtra, tribal folklore suggests that the area was part of Ravana’s kingdom and was governed by his sister Surpanakha along with her husband. This understanding of Ravana’s kingdom is nowhere near Sri Lanka as promoted by SriLankan Airlines. In some tribal Gond villages in Maharashtra, Ravana is worshiped as a god, clearly evident during Dussehra. He is also worshiped in many other locations including, Mandsaur and Ravangram in Madhya Pradesh; Bisrakh in Uttar Pradesh; Kangra in Himachal Pradesh; Mandya and Kolar in Karnataka, and Jodhpur in Rajasthan. Similar practices are seen in the tribal areas of Chhattisgarh, Jharkhand and West Bengal as well.

In Tamil Nadu in India’s south, there are many people who align themselves with ‘Dravidian’ ideologies, promoting Ravana as a politico-cultural icon. One source of motivation for this stems from the manner in which Ravana is eulogised for his valour in Kambaramayanam – the Tamil version of the Ramayana – even though here, too, the main premise of the hegemonic account is maintained. The more obvious source for this reverence is Ravana Kaaviyam written by Pulavar Kuzhandhai and published in 1946. It is a 20th century attempt to deconstruct the Ramayana based on the argument that the mainstream Ramayana was an attempt to establish the supremacy of the ‘Aryan race’ who lived in northern India, over the ‘Dravidians’ in the south. Here, Ravana is seen as a ‘Dravidian’ king, and in essence very similar to the Sinhala renditions of Ravana. In both these popular Sinhala and Tamil versions, he is presented as a noble king, epitomising justice, courage and compassion, and also a wise person and scholar. While categories such as ‘Dravidian’ and ‘Aryan’ as ethno-cultural references as opposed to linguistic references are not part of my academic vocabulary, the attempted deconstruction is nevertheless interesting as it also offers a glimpse into the manner in which 20th and 21st century hegemonic North Indian politics are understood by some sections in the country’s south.

What is evident is that a counterculture movement is currently mobilising tribal and Dalit communities in several Indian states such as the above to vindicate Ravana and ‘rescue’ him from the negative light in which he has been portrayed in the current dominant version of the Ramayana, the one SriLankan Airlines has blindly based their commercial on. Due to this blindness, these interesting and telling complexities and intriguing political and cultural references have no resonance whatsoever in the SriLankan Airlines advert.

I come again to the question posed at the beginning of this essay: is this the only way to do such a promotion funded by the Sri Lankan government? Cannot the state-funded national carrier attract Indian tourists and pilgrims by presenting the places the local tourism industry and Indian tour and pilgrimage operators want these travellers to visit by offering the local interpretation? After all, Sri Lanka does not have a performance tradition of the Ramayana and hardly any concrete memories of the epic and its numerous episodes as a specific text. Instead, fragments of these exist scattered on the landscape throughout the island as places where specific incidents related to the Ramayana had supposedly happened. These manifest through several local folk tales and myths where Ravana is ever present as a local hero and Rama is virtually absent except when contextually required. Moreover, some of these places refer to many other stories too, which have been historically more prominent locally than the Ramayana-related narratives. However, right now, the Ramayana ‘stories’ are given considerable local and national prominence as a rational economic decision taken by people in these areas in the interest of tourism which translates into simple commercial gain. This is understandable.

The question is, what prevented SriLankan Airlines from beginning its advert with the famed flying machine of Ravana known in Sinhala as dandu monaraya (and in India as Pushpaka Viman), often referred to in influential local interpretations as the first of its kind, and predating the Wright Brothers’ invention? Is it a lamentable lack of imagination and creativity, or sheer ignorance? After all, the logo of Air Lanka, the predecessor to SriLankan Airlines, found its genesis in this story, which continues to date in a different form. This way, potential tourists could have been shown the same locations referred to in the current advert, but viewed from the sky, as if one were flying in the dandu monaraya like Ravana may have done in mythical times. This would also be very similar to the way ancient Sri Lankan poets of the sandesha tradition described local landscapes and built environments from the point of view of a bird in flight taking a message to a king, a Buddhist monk or some other such personality. Salalihini Sandeshaya and Hansa Sandeshaya written in the 15th century during the Kotte Period come to mind.

In this manner, the core places in the ‘Ramayana Trail’ could have been flagged for tourist and pilgrim interest while maintaining a distinct sense of local culture and identity that SriLankan Airlines should ideally be marketing. This is not to make Indian tourists and pilgrims cast aside their own beliefs, narratives and interpretations when visiting Sri Lanka. That is their right and not in any doubt. The crux of the matter is, why would SriLankan Airlines be so north Indian and Brahminic, and willingly succumb to the dominant and exclusivist version of the Ramayana promoted by the Indian state and many ordinary people to the exclusion of all other narratives in India itself? By doing so, SriLankan Airlines is taking itself, the government, the state and by extension all of us Sri Lankans, right into the bosom of the Indian state’s cultural and political colonialism typified by the concept of ‘Akhand Bharat’ as noted earlier. If picked up by opposition forces in the politically polarised Sri Lankan society, the advertisement can become a political statement, which has the potential to create needless rifts within Sri Lanka itself.

But then again, one cannot expect these complexities to be understood by the decision makers at SriLankan Airlines who obviously are far removed from the local cultural terrain as well as existing cultural hegemonism emanating from across the Palk Strait. The national carrier, in its haste to soar, as well as absence of foresight and lack of enlightenment of local culture has imprisoned Sri Lanka in a hegemonic North Indian politico-cultural narrative. This is also a sign of lacking national pride despite constant and oftentimes annoying rhetoric. One can only hope, the Sri Lankan government will revisit how this was done in the first place and ensure this kind of culturally crude reductionism of our own traditions and folklore does not take place in the future in state-sponsored activities carried out with public funds.

I cannot but be reminded of a quote by Voltaire when reflecting on the manner in which politics of this kind flow, emerge, and reemerge in Sri Lanka while nothing is ever learned: “It is difficult to free fools from the chains they revere.”