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Govt. needs to deal with impunity

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By Jehan Perera

The drama over Prisons Minister Lohan Ratwatte could not have come at a worse time for the government. But it can also be the turning point. President Gotabaya Rajapaksa is due to address the UN General Assembly in New York this week.  The attention of the international human rights community has been focused on Sri Lanka during the past week due to the recently concluded sessions of the UN Human Rights Council in Geneva.  Sri Lanka was a country of interest due to its checkered human rights track record, especially in relation to the war, and subject to a special address by the UN High Commissioner for Human Rights, Michelle Bachelet.  Next week will see an EU delegation visiting Sri Lanka to assess the human rights situation in relation to the GSP Plus tariff privilege that the country obtained again in 2017 having lost it for seven years in 2010.

 The immediate challenge to the government’s plans for economic recovery hinge on its ability to keep the GSP Plus and not lose it.  This privilege, which permits the country’s exports entry to the EU market without the payment of import duties, has helped to sustain Sri Lankan business enterprises during the Covid-induced economic downturn.  With the exception of the tourism-related business sector, several export-oriented business sectors have been showing healthy profits due in large measure to the GSP Plus facility.

The GSP is given on condition that human rights are being protected in the country concerned, which has become a question mark for Sri Lanka. The questions have grown since the change of government. The attempt to withdraw from the commitments with regard to human rights given by the previous government when it co-sponsored UNHRC Resolution 30/1 in 2015 has not been well received by the international human rights community.

 The alleged offences committed by Minister Ratwatte, and the delayed response by the government undermines its presentation of facts and arguments that Foreign Minister Prof G L Peiris made during his presentation in Geneva last week intended to show that the Rule of Law, independence of state institutions and human rights are to be found in the country.  Minister Ratwatte is alleged to have entered two prison compounds, visited the gallows in one, along with his personal friends and threatened Tamil prisoners in another with his gun and made them kneel before him.  However, he has denied doing anything improper and his version has, according to media reports, been corroborated by prisons authorities who have claimed that no untoward incidents have occurred.  This has been amidst claims and counter claims about the availability of CCTV cameras in the high security prisons.

EXTERNAL INTERVENTION

The alleged act of unprovoked disregard for the human dignity of the two prisoners held as LTTE suspects under the Prevention of Terrorism Act, which itself violates international standards of human rights, has become a rallying call for unity amongst the Tamil community.  This justifies or adds credence to the view that the minorities have security issues in the country and their rights are inadequately protected. Rival Tamil political parties have been issuing statements of condemnation. They have also got onto common platforms in opposition to the Minister’s conduct. On the positive side, the protests have not only come from the Tamil community.

The mainstream media and opposition political parties have also joined in the condemnation and demanded that the government takes immediate action.  In addition, the ruling party, the Sri Lanka Podujana Peramuna (SLPP) Secretary Sagara Kariyawasam has said that “This type of action cannot be permitted in any civilised society and appropriate action should be taken after investigations.”

There is a need for governmental action that goes beyond the mere resignation of the accused Minister from his portfolio of prisons while retaining his other ministries. There is an urgent need for this. In June of this year the European Parliament passed a resolution that the GSP Plus should be withdrawn if Sri Lanka did not show signs of progress in its protection of human rights. The resolution expressed “deep concerns over Sri Lanka’s alarming path towards recurrence of grave human rights violations as described by the most recent UN report on the country, which lists among the early warning signals the accelerating militarisation of civilian governmental functions, reversal of important constitutional safeguards, political obstruction of accountability, exclusionary rhetoric, intimidation of civil society, and the use of anti-terrorism laws.”

 The government’s position in Geneva was that there is no need for international involvement in either monitoring or investigating human rights violations in Sri Lanka as the country has its own internal mechanisms to do so. Foreign Minister Prof GL Peiris speaking in Geneva said, “We reject the proposal for any external initiatives purportedly established by Resolution 46/1 while domestic processes are vigorously addressing the relevant matters. This will polarise our society, as we experienced with Resolution 30/1. The Council must adhere to its founding principles. External initiatives embarked upon without the cooperation of the country concerned cannot achieve their stated goals, and will be subject to politicization.”

 JUDICIAL ACTION

 The problem of impunity for state actors is long standing and precedes the present government. Successive governments have whitewashed the crimes of their members as taking punitive action is politically costly to them. Usually the culprits have political assets that outweigh their crimes in the eyes of the political parties and voters alike.  It is this tolerance of conduct with impunity and without accountability by those in government, who set themselves above the law, that has taken the country to the dock of international human rights opinion in Geneva. Unfortunately this type of conduct gained political acceptability during the period of the three decades long war and long periods of emergency rule.  However, the war is now over more than 12 years and the last election was fought on promises of a restoration of law and order and the practice of discipline as being national values.

 The key area of governance failure highlighted by the UN High Commissioner has been the area of impunity and lack of follow up in emblematic cases where human rights violations are alleged to have occurred.  It was on account of this failure of previous governments to ensure accountability, which continues, that the UNHRC Resolution 46/1 of March 2021 mandated the establishment of a special investigation unit at the UN level to monitor the human rights situation in the country and collect information.

According to the UN Human Rights Commissioner this “Office’s work to implement the accountability-related aspects of Resolution 46/1 has begun, pending recruitment of a start-up team.  We have developed an information and evidence repository with nearly 120,000 individual items already held by the UN, and we will initiate as much information-gathering as possible this year.”

 As Minister Ratwatte is a member of Parliament it would be appropriate that an independent inquiry be conducted with the investigators being appointed in a bipartisan manner by the Prime Minister and Opposition Leader to instill public and international confidence as this is absent at this time.

n the meantime the Minister should be persuaded to resign from all ministerial appointments pending investigation or be removed from such positions as this is an issue that goes to the heart of the issue of impunity. The failure of the Sri Lankan system of justice to act with transparency and integrity in the case regarding Minister Ratwatte will only serve to further justify the stance of the international community regarding the need for external intervention. It will undermine the efforts of the government to argue otherwise.  A credible investigation and judicial action is necessary if external intervention is to be kept at bay and the GSP Plus is to be retained.  This can be the turning point.



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Dominances, hegemonies and diversities

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by Nicola Perera

What spaces exist for students and staff of ethnic and religious minorities, within the university? Do students and staff in these groups have the liberty and security to openly identify themselves, claim their identities, be visible? Do either university structures and policies or the culture and attitudes within the university community, ensure a lack of discrimination, with the same rights, privileges and opportunities, for such persons to live, work, and study in an environment of acceptance, without hostility or marginalisation? I speak of the ethos of majoritarianism, located in a university of the south, which is predominantly the normative of education in the country.

If I were to ask students, staff, or administrators how persons of ethnic and religious minorities are treated in the university, I suspect they would immediately point to the existence of cultural groups that have long been established in university culture. Most universities and faculties will have a Tamil Society, a Hindu Students’ Society, a Muslim Majlis, various Christian groupings, and so on. Each will organise various cultural festivals, such as carols for Christmas, Ifthar, etc. At first glance, there appears to be representation and accommodation of ethnic and religious minorities, and this is institutionalised within the university.

But this accommodation is superficial and tokenistic. Against the existence of these various groups, consider the Student Union itself, which formally represents the entire student body. Who do they actually represent? The Student Union in the Faculty of Arts organises Buddhist festivals, pinkamas, and all-night piriths at the beginning of the year, as well as inviting Buddhist monks for Poyas, like Vesak and Poson. The major event of the year for the Student Union is the Sahithya Ulela, for which the Union goes all out: portraits of the greats of Sinhala literature adorn the pillars of the Faculty, together with quotations from their works. The drama festival is a huge part of the Sahithya Ulela, during which hugely popular Sinhala plays are performed.

This is the way things have always been in the university’s framework of majority default and minority tolerance. There are religious and cultural student societies to represent and take care of non-Buddhist and non-Sinhala students, representing deviations from the norm, while the Student Union itself, regardless of its political/ideological tendency, firmly represents and centres Sinhala-Buddhist religious and cultural concerns instead of the diverse student body as a whole. The majority culture is dominant to the point where it is the ubiquitous default, and all minority positions are tokenised into tolerated representations. It is a system and space that privileges my ethnic background, where my presence goes unquestioned, unremarked upon and unmarked.

On the other hand, what discriminations, aggressions, and microaggressions do students and staff of ethnic and religious minorities face in and outside class? What could they tell us, if we could only assure them of the security to openly talk about such things without fear of retaliation? What is our role as academic staff, regardless of discipline, to initiate difficult conversations about inclusion, acceptance, to challenge the biases, prejudices, absences? What microaggressions, hostilities, subtle or overt othering do we as staff and administrators perpetrate? What is the culture that we create in university?

What of the class of Muslim students who were told that they can keep their cultural identity but should wear colourful abayas and hijabs, instead of the dark colours they preferred? What of the Muslim staff member who was requested to come and speak to these students, to present herself as a role model who chose to wear colourful shalwars while covering her head? Is it in any way relevant that these requests were made by a staff member clad in Kandyan sari? Of course, it is: the representation of Sinhala Buddhist culture as the university’s default makes its aesthetics and preferences the standard, which apparently Sinhala individual staff members feel empowered to enforce.

What of the Muslim women students who were stopped at the entrance of the university after the Easter bombings? The security guards told them to wear their hijabs in such a way as to show their ears. Is the university capable of recognising this harassment as harassment? Was this an officially-sanctioned policy that required the security guards to act this way? Or were they merely empowered to perform this harassment in that moment by the long-established practice of treating Sinhala culture, dress, and presentation as normal and default, with all marked minority cultures as suspicious deviations? Would the existence of the Muslim Majlis be sufficient to let these students agree with the common perspective that the university – by policy or practice – does not discriminate on the basis of religious/ethnic grounds? Could these students have gotten away with showing impatience, even a touch of hauteur (as I did when I produced my ID card for inspection) at the guards’ power to remark on their ethnicity, police their attire – in myriad small ways to let them know that their presence in the university space was under surveillance, at the majority’s sufferance?

It is not enough for the university to complacently point at tokenistic student groups as evidence of non-discrimination. Even the simple representation of diversity, at which the university is already failing, would still not be enough: including Tamil-language plays at the Sahithya Ulela and making sure to include the portraits of Tamil and Muslim writers as well is necessary, but far from sufficient. What we need is active anti-discrimination, in both word and deed, to identify these situations and contexts in which staff and students of religious and ethnic minorities in our universities are harassed, othered, and discriminated against every day, and to figure out ways to end those practices and prevent them from recurring, through policy, through education, and through our own efforts as the people who uphold and perpetuate university culture.

Nicola Perera is attached to the Department of English Language Teaching, University of Colombo.

Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.

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Prevent growth of extremism through stronger institutions

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Priyantha Kumara, who was lynched in Pakistan

By Jehan Perera

The killing of a Sri Lankan, in Pakistan, by a frenzied mob, who accused him of committing an act of blasphemy, serves as a grim reminder of the ever-present danger of pent-up emotion exploding in society. Over the eons, religion has served to humanize the more primitive nature, lurking within human beings.  “Be kind to the stranger in your midst, because you were once strangers in the land of Egypt,” is the biblical injunction too often ignored by the very people who profess to follow its teachings. It is not only in Pakistan that such inhuman acts have occurred, especially when there has been a failure of national leadership to instill a higher ethos of morality in the people, too often for the sake of electoral gain.

Prime Minister Imran Khan of Pakistan has been accused of defending Pakistan’s blasphemy law and promoting Islamic fundamentalism to come to power and now to shore up support for his government that is failing to solve the problems of the people.  A clause of the constitution mandates the death penalty for any “imputation, insinuation or innuendo” against the Holy Prophet.  Presently Pakistan faces economic sanctions by the EU, as does Sri Lanka, due to its adherence to this law and other human rights issues.   The EU has raised issues related to the protection of journalists, religious extremism, misuse of blasphemy laws, and forced conversion in some parts of the country. A compromised political environment in which there is impunity leads people to take the law into their own hands according to their notions of what is right and wrong.

Mobilising the emotions of people, whether by religion or ethnic nationalism, to gain and retain power, is like sowing the wind and reaping the whirlwind.  President Gotabaya Rajapaksa and other members of the Sri Lankan government have expressed their strong condemnation of the heinous crime against its citizens and demanded justice.  Prime Minister Khan has pledged justice and referred to the “day of shame” for Pakistan.  More than a hundred alleged participants in the crime have been arrested. There have also been images of Pakistani civil society groups saying sorry for what has happened.  Likewise, Sri Lankan civil society will also recall the support that Pakistan gave to Sri Lanka during the years of war and, diplomatically, on the issues of human rights violations raised by sections of the international community.

DANGEROUS MIX

It is also necessary for Sri Lankans to be mindful about what has happened within Sri Lanka itself during the JVP insurrection, the 1983 riots, and, more recently, in Aluthgama, Digana and Kurunegala.  In all of these instances, there was a measure of state complicity, or inaction, which is worse than the savage deeds of a mob as the state represents the civilization of the country.  This state failure has been on account of the over-politicisation of the state machinery to the point where senior officers of the state, most of whom have joined the state for idealistic reasons, cannot and do not perform their duties due to political interference.  In a manner similar to Prime Minister Khan, President Rajapaksa, and the current government, won elections by catering to the nationalism and fears of the ethnic majority, with some of its allies spewing hatred towards the ethnic and religious minorities.

There are disturbing signs that the situation of state failure is growing more serious in Sri Lanka.  The release of former Governor Azath Salley after he had been in remand jail for eight months on charges that the court said were not sustainable. All charges against him by the Attorney General were dismissed as they lacked merit.  The injustice done to him and his family, the loss of eight months of his life and his reputation, require reparations which may be forthcoming as he is a person of stature.  There will be countless others who are less able to fight their cases, like the former Governor did.  In addition, there have been several killings in police custody of prisoners who are alleged to have tried to escape when taken to find their store of weapons or in cross fire or by suicide.  Making matters worse is that in some of these cases the families and lawyers of the imprisoned persons have given advance warning that those held in custody are scheduled to be killed, but nothing is done and the deaths take place.

The same inability or unwillingness to ensure accountability can be seen at multiple levels, be it in relation to the manner in which the three-decade long war ended, or the Easter Sunday bombings, or the Central Bank bond scandal, or the sugar tax scandal, the Yugadanavi Power Plant issue and, most recently, the explosion of large numbers of cooking gas cylinders which have led to deaths and burning down of people’s homes.  In none of these cases has investigations led to the masterminds being found and meted out justice. With time, the cases might be forgotten and the wrongdoers get away with their crimes. Perhaps it is in apprehension of the potential crisis situation in the country that the Supreme Court has written a strong judgement in a case that is representative of the people’s sense of compassion and care for all living beings as directed by the sacred religious texts.   This was with regard to whether elephants captured from the wild and taken to homes and temples as objects of social prestige should be returned to their supposed owners or released to the wild or sent to protected sanctuaries.

GOOD GOVERNANCE

In a decision that can have far reaching ramifications for the rule of law, and for the system of checks and balances, and wisely in a case that is less politically controversial, the Court cited a famous judgement by Lord Denning in the English Courts where he said, “It is settled in our constitutional law that in matters that concern the public at large the Attorney General is the guardian of the public interest.  Although he is a member of the government of the day, it is his duty to represent the public interest with complete objectivity and detachment.  He must act independently of any external pressure for whatever quarter it may come.”  The Court said that “these observations aptly apply to the role of the Attorney General of Sri Lanka.”  Notably the respondents in this case were the Prime Minister and Minister of Wildlife.

If positions, such as the Attorney General, are to be filled with persons who will make decisions in line with the Court judgement above, it is necessary that they should be persons with integrity and competence.  They also need the space to be able to do their work without political interference.  It was to achieve this objective that two different governments, headed by two different political leaders from two different political parties took steps to ensure the passage of the 17th and 19th amendments in 2001 and 2015 respectively.  These two amendments had the common feature of reducing the President’s powers and seeking to increase the independence of state institutions from political interference.  A police force that is independent of political influencers, who act behind the scenes, is more likely to act with integrity in dealing with the impunity that is growing in the country.

The government’s pledge of a new draft constitution, before the end of the year, provides an opportunity to reform the system of governance and put an end to the multifarious violations and weaknesses in it that breeds impunity and resentment which is the fuel for extremism of all sorts. The political space should be kept secular, unlike in the case of Pakistan with its religious law, and kept free from religious or ethnic nationalist biases. The reintroduction of the scheme of appointment of higher officials of state, through a multi-partisan constitutional council consisting of members of government, Opposition and civil society, would lead to better appointments than the President alone making the appointments.  The members of the constitutional council would together select the most appropriate persons to high offices of state and to insulate them from politically-motivated interference.  This is particularly important in the case of the higher judiciary, the last bastion of freedom in a democracy that is going wrong.  The present deterioration in the integrity and quality of decision-making at multiple levels and in multiple institutions highlights the need for a strong system of government, based on checks and balances–real good governance.

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Action…in the coming weeks

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At the Irish Pub tomorrow night

The lead up to Christmas, and the New Year, certainly doesn’t look ‘blue,’ in any way.

Initially, I was thinking of Elvis Presley’s ‘Blue Christmas’ – what with the pandemic, and the new variant, creating chaos…everywhere.

But…yes, the showbiz scene here seems to have changed, for the better.

On December 8th (that’s tomorrow), ‘The Legends of Ceylon’ is the title of a musical evening, that will take place, from 7.00 pm onwards, at the Irish Pub, in Colombo, featuring Geoffrey Fernando, Mignonne, Noeline, Sohan, Dalrene, and Manilal, backed by the group Mirage.

Sohan & The X-Periments, a name associated with sing-along events, will be involved in two sing-alongs this month – on December 12th at The Grand Kandyan Hotel, and on December 17th at the BMICH Banquet Hall.

The Christmas Sing-Along, in Kandy, commencing at 7.00 pm, will have, in the vocal spotlight, Corrine, Clifford Richard, Sohan, and Trishelle, along with The X-Periments.

The 17th event, at the BMICH, from 7.30 pm onwards, will also feature Corrine, Clifford Richard, Sohan, and Trishelle, with guest stars Falan Andrea and Radika.

Sohan indicated to us that the festive scene seems to be brightening up, a bit, and that he and his band do have work coming their way,

“We are going to be pretty busy for the next few weeks.”

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