Features
Significance of EU court ruling on banning LTTE
By Neville Ladduwahetty
The European Union’s General Court is reported to have rejected an appeal to lift the ban on the LTTE as an international Terrorist Organization within Europe (Sunday Times, November 28, 2021). Continuing, the report states: “The Court rejected multiple pleas…The argument that the LTTE had transformed into a transnational network composed of various divisions which respects Tamil rights and the peaceful enjoyment of the right of self-determination, was also rejected”. The Court had stated: “In fact, a distinction must be drawn between, on the one hand, the objectives which a people or the inhabitants of a territory seek to attain and, on the other hand, the conduct in which they engage in order to attain them”.
SIGNIFICANT CLAIMS by LTTE
During the course of the Court hearing the LTTE stated the following:
42 “The LTTE submits that Regulation No 2580/2001 is not applicable to situations of armed conflict, since those conflicts — and therefore the acts committed in that context — can, in its opinion, only be governed by international humanitarian law”.
43 “However, the historical facts show that the LTTE was involved in armed conflict against the armed forces of the Government of Sri-Lanka, seeking self-determination for the Tamil people and their ‘liberation from the oppression’ of that government. Given the way in which the LTTE’s armed forces were organised and their manner of conducting operations, the members of those forces meet all the requirements laid down by international law for recognition as ‘combatants’. That status gave them immunity in respect of acts of war that were lawful under the terms of the law on armed conflict and meant that, in the case of unlawful acts, the LTTE would be subject only to that law, and not to any anti-terrorism legislation. Since legitimate acts of war cannot be categorised as unlawful under national law, they fall outside the scope of Common Position 2001/931, which, as provided under Article 1(3) thereof, does not apply to acts which are not offences under national law”.
RESPONSE DURING the COURT PROCEEDINGS
The relevant paragraphs from the Court proceedings are presented below.
49 “The Commission argues that the LTTE is mistaken in asserting an incompatibility between armed conflicts and terrorist acts. There are no principles of immunity for combatants in respect of terrorist acts perpetrated during armed conflict. The LTTE does not substantiate its claim that the acts of which it is accused in the grounds for the contested regulations are lawful acts of war. The LTTE is wrong to claim that terrorist acts committed in the context of an armed conflict are subject only to humanitarian law. The institutions of the European Union enjoy a broad discretion as regards the European Union’s external relations and the factors to be taken into consideration for the purposes of adopting measures to freeze funds. The European Union compiles a list of terrorist organisations in order to deprive them of their sources of income, and it does this whether or not they are participants in an armed conflict. That approach is consistent with the European Union’s view — broadly shared, moreover, by the rest of the world — that all terrorist acts are reprehensible and must be eradicated, whether committed in times of peace or of armed conflict”.
61 “The Geneva Convention of 12 August 1949 relative to the Protection of Civilian Persons in Time of War expressly provides, in Article 33, that all measures of terrorism are prohibited. Similarly, Additional Protocols I and II to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International and Non-International Armed Conflicts, of 8 June 1977, which seek to ensure better protection of those victims, provide that acts of terrorism are prohibited at any time and in any place whatsoever (Article 4(2) of Additional Protocol II) and that acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited (Article 51(2) of Additional Protocol I and Article 13(2) of Additional Protocol II)”.
62 “It follows from the foregoing considerations that the perpetration of terrorist acts by participants in an armed conflict is expressly covered and condemned as such by international humanitarian law”.
115 “In the present case, it should be noted that, although the decisions adopted by the UK authorities (namely the Home Secretary and the UK Treasury) and Indian authorities do not in fact constitute, strictly speaking, decisions for the ‘instigation of investigations or prosecutions for an act of terrorism’ or ‘condemnation for such deeds’, within the strict criminal sense of the term, the fact remains that those decisions lead to the ban on the LTTE in the United Kingdom and the freezing of its funds, and also the proscription of the LTTE in India, and that they therefore clearly form part of national proceedings seeking, primarily, the imposition on the LTTE of measures of a preventive or punitive nature, in connection with the fight against terrorism”.
117 “Therefore, the LTTE is incorrect to claim that the only case of a non-criminal decision accepted as a basis for listing are decisions of the Security Council, as mentioned in Article 1(4) of Common Position 2001/931. The purpose of the last sentence of the first subparagraph of Article 1(4) of that common position is only to afford the Council an additional listing possibility alongside the listings which it can make on the basis of decisions of competent national authorities”.
COMMENT
It is evident from the admissions made by the LTTE that they were engaged in an armed conflict and that their acts should be judged under provisions of International Humanitarian Law. Furthermore, starting with the Geneva Conventions of 1949 that all “measures of terrorism are prohibited” and “relating to the Protection of Victims of International and Non-International Armed Conflicts, of 8 June 1977, which seek to ensure better protection of those victims, provide that acts of terrorism are prohibited at any time and in any place whatsoever (Article 4(2) of Additional Protocol II) and that acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited (Article 51(2) of Additional Protocol I and Article 13(2) of Additional Protocol II)”.
The significance of the EU Court Ruling is the acknowledgement that because Additional Protocol II that is applicable to non-international armed conflict, as it was in Sri Lanka, it should be read along with the Geneva Conventions of 1949 because it offers greater protection for civilians. This means that provisions of Common article 3 of the Geneva Conventions and its expanded provisions in Additional Protocol II of 1977 should be factored in all evaluations when addressing accountability. Furthermore, it means that Article 6 of the Additional Protocol II of 1977 should be followed in the case of “Penal prosecutions”. Since this calls for “anyone charged with an offence shall have the right to be tried in his presence” and on the “basis of individual penal responsibility” (Article 6, (b) and (e), the question of charging anyone associated with the armed conflict presents serious challenges because it rules out command responsibility, and because the inability to locate and identify former combatants becomes a barrier to prosecution.
Therefore, the efforts the UNHRC is currently engaged in to collect evidence to exercise Universal Jurisdiction, becomes a futile exercise.
SECURITY COUNCIL RESOLUTION S/RES/1373 (2001)
The governing reason for the Court to retain the ban on the LTTE was because the LTTE resorted to terrorist acts during the armed conflict. This fact alone warrants the application of Security Council Resolution 1373 in all its dimensions. This is the significance of the ruling by the Court. This means that all States and especially Sri Lanka, are bound to comply by the provisions in Resolution 1373 if global terrorism is to be addressed.
SC Resolution 1373 states as follows:
1. Decides that all States shall:(a) Prevent and suppress the financing of terrorist acts;(b) Criminalize the wilful provision or collection, by any means, directly orindirectly, of funds by their nationals or in their territories with the intention that the funds should be used, or in the knowledge that they are to be used, in order to carry out terrorist acts;(c) Freeze without delay funds and other financial assets or economicresources of persons who commit, or attempt to commit, terrorist acts or participatein or facilitate the commission of terrorist acts; of entities owned or controlleddirectly or indirectly by such persons; and of persons and entities acting on behalfof, or at the direction of such persons and entities, including funds derived orgenerated from property owned or controlled directly or indirectly by such personsand associated persons and entities;
(d) Prohibit their nationals or any persons and entities within their territoriesfrom making any funds, financial assets or economic resources or financial or otherrelated services available, directly or indirectly, for the benefit of persons whocommit or attempt to commit or facilitate or participate in the commission ofterrorist acts, of entities owned or controlled, directly or indirectly, by such personsand of persons and entities acting on behalf of or at the direction of such persons;
2. Decides also that all States shall:(a) Refrain from providing any form of support, active or passive, to entitiesor persons involved in terrorist acts, including by suppressing recruitment ofmembers of terrorist groups and eliminating the supply of weapons to terrorists;(b) Take the necessary steps to prevent the commission of terrorist acts,including by provision of early warning to other States by exchange of information;(c) Deny safe haven to those who finance, plan, support, or commit terroristacts, or provide safe havens;(d) Prevent those who finance, plan, facilitate or commit terrorist acts fromusing their respective territories for those purposes against other States or theircitizens;(e) Ensure that any person who participates in the financing, planning,preparation or perpetration of terrorist acts or in supporting terrorist acts is broughtto justice and ensure that, in addition to any other measures against them, suchterrorist acts are established as serious criminal offences in domestic laws andregulations and that the punishment duly reflects the seriousness of such terroristacts;(f) Afford one another the greatest measure of assistance in connection withcriminal investigations or criminal proceedings relating to the financing or supportof terrorist acts, including assistance in obtaining evidence in their possessionnecessary for the proceedings;(g) Prevent the movement of terrorists or terrorist groups by effective bordercontrols and controls on issuance of identity papers and travel documents, andthrough measures for preventing counterfeiting, forgery or fraudulent use of identity papers and travel documents;
The sentiments and near identical opinions were expressed by the United States Supreme Court in the case of Holder v. Humanitarian Law Project, when the “…court voted 6 to 3 to uphold a federal law banning ‘material support’ to foreign terrorist organizations. The ban holds, the court explained, even when offerings are not money or weapons but things such as ‘expert advice or assistance’ or ‘training’ intended to instruct in international law or appeals to the United Nations” (Washington Post, June 22, 2010). Chief Justice John G. Roberts Jr. in writing the majority opinion said that those challenging the ban “simply disagree with the considered judgment of Congress and the Executive that providing material support to a designated terrorist organization – even seemingly benign support bolsters terrorist activities of the organization… (the law) is on its face, a preventive measure – it criminalizes not terrorist attacks themselves, but aid that makes the attack more likely to occur…” (Ibid).
CONCLUSION
The significance of the European Union’s Court ruling is that the process gave the LTTE the opportunity to state its case which was that the LTTE was engaged in an armed conflict with the Government of Sri Lanka and consequently, their actions should be judged under provisions of International Humanitarian law. This admission is no different to the opinion expressed in 2008 that the conflict in Sri Lanka was an armed conflict and therefore, the applicable law is International Humanitarian Law related to Non-International Armed Conflict. Furthermore, the UN appointed Panel of Experts (Darusman Report), and the Report of the Office of the Human Rights Commission (OISL), also advocated a similar approach to address accountability. Despite all attempts, successive Sri Lankan Governments have failed to adopt this approach and instead, continue to present the conflict as one between the State and a Non-State actor, perhaps influenced by the humanitarian approach adopted by Sri Lanka’s Lessons Learnt and Reconciliation Commission (LLRC).
The significance of the European Union’s Court proceedings was that it gave the Court the opportunity to inform the LTTE that the justification to retain the ban on the LTTE was because the LTTE resorted to acts of terrorism during the armed conflict, based on the Geneva Conventions of 1949 and the Additional Protocols of 1977 that prohibit terrorist acts regardless of the motivations for the armed conflict. Therefore, by implication, as long as the LTTE remains designated a terrorist entity all Member States are required to comply with all the provisions of Security Council Resolution 1373.
This means that Member States need to ensure that provisions are incorporated in domestic law to prevent acts such as financing of terrorists; criminalize collection of funds by their nationals; freeze funds and other assets; prohibiting their nationals from making funds or other resources available to persons who commit or attempt to commit terrorist acts; refrain from providing any support active or passive; deny safe haven; prevent those who plan terrorist acts from using their territories etc. as cited in Resolution 1373.
Since the Prevention of Terrorism (Temporary Provisions) Act (No. 48 of 1979) became law several decades prior to Resolution 1373, it is incumbent on the Sri Lankan Government to upgrade the PTA of 1979, if Sri Lanka is to fulfill its obligations to the UN. Furthermore, the fact that countries such as U.K. and some EU Member States knowingly permit the LTTE to conduct activities that contravene the provisions of Resolution 1373 means they are not only guilty of violating the US Supreme Court’s interpretation of Resolution 1373 cited above, but are also complicit in turning a blind eye to the activities of the LTTE in their respective territories.
A matter of extreme irony is that while the European Parliament’s Resolution on Sri Lanka calls for “the repeal of the PTA (as) a key condition of Sri Lanka’s status as a GSP+ beneficiary country”, it ignores the fact that because the intent of the PTA as well as Resolution 1373 were to prevent terrorist acts, and a significant proportion of the provisions of Resolution 1373 resonate with those in Sri Lanka’s PTA. Therefore, since the EU and Sri Lanka together with the rest of the global community have to fulfill the provisions of Security Council Resolution 1373, it makes no sense to repeal the PTA and comply with Resolution 1373. This anomaly needs to be clarified before rushing to repeal the PTA and implement legislation that embodies provisions of Resolution 1373.
The significance of the ruling by the European Court is that because the LTTE resorted to terrorist acts, it follows that it is in violation of Security Council Resolution 1373. This ruling therefore, gives the Sri Lankan Government the opportunity to set up a special unit within the security establishment that should collaborate with Interpol to implement the full scope of Resolution 1373 if the influence and activities of the Tamil diaspora are to be neutralized.
Features
America has two presidents as the world braces for another Trump term
by Rajan Philips
The election of Donald Trump as US President for yet another term has sent many world leaders scurrying for cover. Especially in the West. But even China is concerned. In the US itself, the longstanding maxim that there can only be one president at a time is being put to the test every day. Joe Biden, the outgoing president, is scrambling to salvage his legacy after a disastrous last year that has diminished all his achievements over the first three years on the domestic front.
Externally, Biden’s presidency has been a monumental failure, from the impulsive withdrawal from Afghanistan that kickstarted it, to the hopelessly painful stalemate in Ukraine and the relentless mass devastation in Gaza that are dragging out its end. With the pardoning of his son Hunter Biden, the outgoing president has ceded even the little moral hump that he had over Trump.
Donald Trump who would not have succeeded in getting a major party nomination as a presidential candidate in any other democratic country, has sequestered the Republican Party, arrogated himself to be its candidate, and won a second election with even a small popular vote majority albeit under 50% of the total. That Trump’s popularity could grow from under 30% when he first started his political venture in 2015 to nearly 50% in ten years in spite of all the scandals, criminal convictions, and worst of all the 2021 January 6 attack on the American constitution and democracy itself, is a statement not so much on Trump’s resilience as it is on America’s sociopolitical decadence.
The Tariff Man
Trump’s second term is poised to be even more inglorious than his first but with much greater organization, and persistence and fortified by – thanks to Chief Justice Robert’s creative legal mind, absolute immunity in most instances and presumed immunity in all other instances. But even the Supreme Court cannot help Trump to form a cabinet of his choosing and full of sycophants (not the Lincoln’s team of rivals) without the Senate’s approval. The Republicans have only a slender majority in both houses, and enough Republican Senators have already signalled that they are not prepared to support his more questionable cabinet appointees.
What the world leaders are now going through is the dilemma of having to put up with two presidents at the same time. One they can smile and ignore and the other they have to grin and suffer for four more years. Biden is trying hard to strengthen Ukraine’s military to gain some territorial advantage before Ukraine is forced into negotiations with Russia under pressure from Trump. President Biden is even more desperate for a ceasefire in Gaza, but Prime Minister Netanyahu who has betrayed Biden at every turn in the Gaza conflict is not about to do him any favours with less than a month left in Biden’s term.
Biden’s eleventh hour initiatives in Ukraine and in the Middle East have raised eyebrows among Washington watchers because all of them could be torpedoed without notice by Trump on his first day President. Yet the two presidents seem to be adhering to the transition protocol – with the Biden Administration briefing the Trump transition on the new initiatives although Trump himself has not said much about either front after the election. Except the usual bravado that there will be hell to pay by Hamas if all the remaining hostages are not released before his inauguration in January.
At the same time, Trump is threatening to hold America’s trading partners hostage with his tariff threats. He has warned neighbouring Canada and Mexico that on his first day in office, he will impose a flat 25% tariff on all imports from them unless the two countries mend their borders to his liking. And a further 10% tariff on already tariffed Chinese goods. In another bluster, Trump has threatened 100% tariffs on imports from BRICS countries unless they stop planning an alternative currency to the dollar.
Trump is stoned on the idea of tariffs although it will lead to domestic price increases and will not bring back lost American jobs. The captains of American businesses do not believe Trump will actually impose tariffs but will only use them in bargaining to get what he wants from other countries. On the other hand, the blue collar foot soldiers who voted for Trump are now googling to find out the meaning of tariff.
Like the word Brexit in Britain after the Brexit referendum, Google search for the meaning of tariff has seen a massive spike in the US after Trump’s election. It is already too late for the American voters to know what tariff means. Just like with Brexit in Britain. If Trump were to go ahead and impose tariffs on imports that will only increase the price of many goods that Americans buy. The midterm Congress and Senate elections in two years will give them the opportunity to vent but that will not stop Trump from going on for another two years.
A Weak West, Divided World
For the rest of the world, there is no midterm election to protest against a man whom 49% of Americans have elected. The countries that Trump threatens with tariffs cannot even unite to provide a collective response. With one tariff tweet, Trump has driven a wedge between Canada and Mexico who have trilateral free trade agreement with the US that is now 30 years old. Even the BRICS member countries will be forced to go their separate ways to deal with Trump’s tariffs. Only China can show some muscle against this madness, but that will only aggravate the madness. All in all, it will be every country for itself, with no god for all.
Trump’s second coming is also coinciding with an exceptionally weak moment in Europe. Britain is neither here nor there, and the new Labour government can do nothing about it. France is in political turmoil with a lame duck president who has no majority in parliament. This week, the hard left and the far right combined to defeat the government of Prime Minister Michel Barnier whom President Emmanuel Macron had appointed after a deadlock parliamentary election in June. No government in France has lost a no confidence motion in 62 years.
President Macron is insisting on staying on as President until his term is over in 2027, and no parliamentary election can be called till June next year. For now, the President can distract the French with the multi-day celebration of this Saturday’s reopening of the Notre-Dame cathedral that was ravaged by fire in 2019 and is now fully renovated. World leaders will be in attendance, but Pope Francis has declined the invitation. President elect Trump will be there, after apparently accepting a pleading invitation by the French President. As the old saying goes, “the children of this world are in their generation wiser than the children of light.”
The political and economic crises are even worse in Germany which has been the EU’s main anchor for much of its life. After the collapse of the governing (traffic-light) coalition in November, elections have been scheduled for 23 February 2025. The elections will be held under a new hybrid (single constituency and proportional) system that has made the results and the shape of the next government quite unpredictable.
With Germany and France in crisis, the EU is not at all in position to respond to Trump. And Trump will have welcoming allies in Italy’s Giorgio Meloni and the Hungarian strongman Viktor Orban. Besides its own tariff fears, the EU’s bigger problem is avoiding being caught in the crossfire of tariffs between the US and China. EU and NATO will also have to come to terms with whatever Trump comes up for Ukraine. What is mostly expected now is a potential peace agreement through the personal agencies of Trump, Putin and Zelensky.
India is “less concerned about a second Trump term than many other US allies and partners,” according to Tanvi Madan writing in Foreign Affairs. Foreign Minister Jaishankar has said that India “always had a positive political relationship with Trump,” and that Trump in turn “has also had a positive view of India.” New Delhi has also dissociated itself from potential de-dollarisation plans by BRICS countries. A specific upshot of the Trump presidency for the Modi government could be an easing of the heat from Washington over the Modi government’s alleged involvement in the targeted attacks, including murder, against Sikh individuals in the US and Canada.
As world leaders recalibrate their governments to Trump’s second coming, Sri Lanka will have to chart its own course to navigate the choppy waters around it. Sri Lanka does not have to do anything grand by way of either the non-alignment of old or the all-alignment of Modi’s India. If the new government can competently manage its internal political challenges, it does not have to do anything more than keeping Sri Lanka’s trade channels open to expand its exports and settle its debts.
Features
ANANDA COOMARASWAMY: HIS CONTRBUTION TO UNDERSTANDING ART
BY D.B.T. Kappagoda
Dr. Ananda Kentish Coomaaswamy was not an Indian by birth but in his writings he showed more than any scholar of his time that he had a wider understanding of the cultural heritage of India than most. He was the only child of Sir Muthu Coomaraswamy and English mother Elizabeth Clay Beeby, and he was born at Rhineland Place in Kollupitiya, on August 22, 1871.
His father Sir Muthu Coomaraswamy was the first non-Christian to be called to the English Bar and the first Asian Knighted by Queen Victoria, was a popular figure among the socialites in London and he also enjoyed the company of Lord Palmerston, Lord Tennyson and Benjamin Disraeli who portrayed him as Kusinara in one of his novels.
In Sri Lanka he was a leading member of the Legislative Council and he was responsible for the establishment of the Colombo Museum in 1871. He was well versed in Western classics as well as Pali, Sanskrit, Sinhala and Tamil. He translated Dhatavamsa (History of the Sacred Tooth relic of the Buddha) from Pali into English.
When his son Ananda was almost two years old, Sir Muthu Coomaraswamy died. And his son was brought up by his mother in England and sent to school, Wycliff College Stonehouse in Gloucestershire and later he entered University of London and graduated in Natural Sciences, Botany and Geology.
In 1903 he was appointed as the Director of Mineralogical Survey in Sri Lanka and served till 1907. His contribution to geology in Sri Lanka won him the Degree of Science of the London University, and later he was elected a Fellow.
During his official duties, he travelled widely across the country in search of minerals and in 1903 he discovered two minerals Serendibite and Thorianite at Gangapitiya in Gampola. The first discovery Serendibite was a new borosilicate which he described, “It was a beautiful blue colour discovered in narrow contact zones between acid moonstone bearing granulite and limestone which occur in alternating bonds at Gangapitiya.”
Thoriamite, the second mineral he discovered is a cubic mineral of high specific gravity which analysis proved to be a side of Thoriam and Uranium. The cubes were small (2/3 inch) and the colour is dark brown. The importance of this mineral is derived from its radio active properties.
During his travels around Kandy in search of minerals, he had the opportunity of visiting villages known for traditional arts and crafts. The age old arts and crafts practiced by the artisans threw new light on different aspects of Sinhalese culture.
The information he gathered went into his monumental book Medieval Sinhalese Art which he published in England in 1908. He compiled the manuscript with the help of his German wife Ethel Mary and published it at his expense under his supervision at the Essex House Press, Broad Campden Chapel in Gloucestershire.
The first impression of this compendium with 425 copies hand bound began its printing in September and was completed in 1908.The publication of his magnum opus has been hailed by scholars as a landmark for the revival of arts and culture of the Sinhalese.
The success of his maiden effort was due to his ability as a scholar to delve into the source to gather information objectively. Explaining the reason for him to write his book said, “It is a memorial of a period which the Sinhalese people were not willing to understand their cultural heritage.”
And, he added, “It is only to realize the ideals of the past, the possibility of a time recognition and revitalizing the national heritage of the Sinhalese.” According to his assessment the art of the Sinhalese medieval period was religious art and essentially the art of the people whose kings were one with religion and people.
He opined that the Sinhalese art is Indian in Character, hence there is a close affinity between Sri Lankan and Indian art. The studies he made revealed that Sri Lanka as “a perfect window through which to gaze on India’s past than any can find in India itself.”
Ananda Coomaraswamy, two years prior to his writing the Medieval Sinhalese Art said that he had a special interest in Sinhalese art and culture and he found in them a survival of the Aryan past and early Persian artistic traditions. Therefore for the preservation of art lost elsewhere, we owe our artisans much, for otherwise the world would be vastly poor in interest and ideals.
The first essay he wrote ‘Dance of Shiva’ displayed his artistic sensibility and sense of sublime, whereas Rabindranath Tagore pioneered the cultural experiment of Manipuri dancing at Shantiniketan. His creative writings include: History of Indian and Indonesian Painting and Rajput Painting are important for those who study art. His earlier book, Indian Dancing Mirror of Gestures, he wrote with the assistance of D. Gopala Krishnamacharia and his other notable book was Myths of Hindus and Buddhists he wrote in collaboration with Sister Nandita.
In 1943 he published ‘Why exhibit Works of Art’ showing his profound scholarship interpreting the Indian thought on art. Writing on Indian leaders he said, “Our leaders are already degenerated as Macauly could have been, wished them to be a class of persons Indian in blood and colour, morals and intellect because they have yet to discover India….”
The discriminate imposition of western civilization disturbed him and he wrote. “A single generation of English education succeeded in breaking the thread of tradition and caused nondescript and superficial beings depraved of roots….”
The close affinity of Indian and Sri Lankan cultures he found, “the curved boundary of leaf or stem or scroll has always a peculiar character of life and crispness not often sinking into more roundness or softness.” He also added, “Every stem and leaf of the liya vela ornaments of Ceylon and in details of South Indian architectural decoration is never realistic but based on observations or ideal forms.”
These curved forms of ornamentation were used by the Sinhalese craftsmen to depict energy and growth. According to Ananda Coomaraswamy, Sinhalese art is essentially Indian in outlook and Hindu in character. He found Kandyan art as a branch of Indian and the Kandyan architecture is similar to that of Kerala.
The folk art of the Sinhalese especially practiced by women is related to the motif and ritual of the embroidered Kantha of Bengal and this affinity helped to assess the Indian culture in true perspective.
He urged the Indian students studying overseas not to lose their culture, tradition and also identity and wrote on the political thought on spiritual power in theory of government. He also actively associated with a number of learned bodies in the East and West. He knew English, French, German, Latin, Greek Sanskrit, Pali, Sinhalese and Tamil.
He then abandoned his scientific research and devoted himself to the study of the arts and cultures of India and Sri Lanka, and published two monographs: The aims of Indian art, and Bronzes from Ceylon.
In 1905, he formed the Ceylon Reform Society to stress the great social and national traditions of the Sinhalese people and gave lectures and also wrote articles in the Ceylon National Review, of which he was its first Editor. He was the first to urge the use of National languages Sinhala and Tamil in education, and the preservation of indigenous arts and culture for posterity and modes of living.
He actively supported the agitation of his cousin Sir Ponnambalam Ramanathan for the establishment of a Ceylon University. He finally resigned from the post of Director of Mineralogical Survey in 1907 and settled down in England but time and again visited India and Sri Lanka and had a close relationship with Rabindranath Tagore.
In 1910, he founded the Indian Society in London to provide a better appreciation of Greater India in the West. He wanted to have a museum built in Varanasi and donate his collection of artifacts to the government and people. Since there was no such prospects from the Indian government, he left for the USA in 1915 where he was appointed as Research Fellow at the Boston Museum of Fine Arts and later he became its curator of the Indian and Eastern section of the museum.
Under his guidance and supervision the Boston Museum acquired some of the finest collection of exhibits and he held this post until his retirement three months prior to his demise on September 9, 1947.
He lived to witness the dawn of Indian independence in 1947. During the last 15 years of the illustrious life he led from 1931 to 1947, he worked unceasingly devoting his time to writings. His publications were voluminous – more than 500 monographs including translations, critical evaluations on art and culture of India. The other writing of his cover a wide range of aspects of historical, sociological, philosophical and in the field of metaphysics.
In spite of his fame and recognition among the literati he remained modest about writing about himself saying “anything personal must not intrude in my work. It would be Aswargya to allow such things…..not I the I that I am but he is the part in me that should interest you.”
After his demise his wife Dona Luisa who edited some of his books he had almost finished, visited India in 1964, like a true Ardhanagi (partner) with his ashes to fulfill his last wish.
(DBT Kappagoda, No.221/3, Pallegunnepana, Polgolla)
Features
Break-up of the United Front coalition, foreign guests and traveling with Mrs. B
President Kaunda’s attempt to get Mrs. B to initiate a singsong
(Excerpted from the autobiography of MDD Peiris, Secretary to the Prime Minister)
The end of January saw the arrival of President Kenneth Kaunda of Zambia and his party. We were involved with the usual organizational and logistical arrangements relevant to such important occasions, as well as preparations and participation at the talks. With the Non-Aligned Conference approaching, President Kaunda’s visit was particularly important in relation to the discussions of African opinion and issues.
The Prime Minister had arranged an impressive state dinner in honour of the visiting President and party at President’s House in the Fort, with soft music provided by the Navy band. President Kaunda was jovial and relaxed, and very soon he and his delegation which included the Foreign Minister and other distinguished personalities, were clapping to the tune of the music. At the end of the dinner, after the speeches and toasts, President Kaunda got up and whilst thanking the Prime Minister again for a memorable evening called upon his delegation to stand and sing an African song, the name of which he suggested. Soon we were treated to a beautiful and haunting song sung by a number of deep baritone voices, with the visiting President outstanding. A very relaxed President Kaunda was trying to encourage the Prime Minister to initiate singing on our side. But one could see that she was somewhat shy. Altogether, it was a lovely evening.
There were other important visits during 1975. In July, President Echeverria of Mexico arrived. This visit was again, important from the point of view of a discussion on Non-Alignment and other international and bilateral issues. This visit was followed by the arrival of the Yugoslav Prime Minister in September, again extremely important, due to the impending Non-Aligned Conference, where President Tito was expected to play an important role. In November, the Secretary General of the Commonwealth Sonny Ramphal arrived. There were discussions, followed by a public lecture he delivered at the BMICH. He was an excellent speaker.
The middle of December witnessed the arrival of Prime Minister Zulfikar Ali Bhutto of Pakistan. He was polished, bright and an excellent speaker. The discussions were interesting and thorough and included the situation arising from the break up of Pakistan. In between these visits we had a number of other dignitaries visiting Sri Lanka, including Deputy Ministers from various countries and the Rt. Hon. Malcolm Macdonald of Britain. We therefore had much to do on the international front. In addition, preparations for the Non-Aligned Conference were now taking up a significant portion of our time.
The break-up of the coalition
On the domestic front a momentous change occurred. In September 1975, came the final break with the LSSP and that party left the government. As my previous comments would have indicated, this was not a sudden break. The interaction of personalities and issues in a negative direction was gradually leading towards this situation. There were undoubtedly differences that surfaced in many areas including constitutional matters; economic polices; nationalization issues and the pace and timing of policies that were even agreed upon.
But in the end, what I saw from my vantage point at least, was a serious problem of personal relations. In this, the Minister of Plantation Industries, and Constitutional Affairs Dr. Colvin R.de Silva, was an exception. He projected an image of propriety, reasonableness and courtliness, which the Prime Minister appreciated. The Minister of Communications, Hon. Leslie Goonewardena was a silent person by nature. He didn’t speak much, but the Prime Minister thought he was hard line. The fact that the stormy Vivienne Goonewardena, M.P. was his wife did not improve matters. There was a problem of chemistry.
The biggest problem, however, was Dr. N.M. Perera, the Minister of Finance. A D.Sc. from the London University, he was conscious of his intellectual standing. Unfortunately, in his dealings with the Prime Minister, he conveyed a sense of intellectual arrogance and even condescension. Whenever an argument occurred, he appeared to be talking down to the Prime Minister. The Prime Minister had no intellectual pretensions. But she was by now a seasoned politician and a charismatic leader, intelligent, quick on the uptake and much respected at home and abroad.
It was a serious error to treat her as some kind of lightweight. It was a personality flaw, which led to serious repercussions. This was amply demonstrated by the following reference in a statement made by the Prime Minister on the LSSP leaving the government. “There is another matter on which I should say a few words and that is, that unity within the United Front could only be possible on the basis of the acceptance of the leadership of the Prime Minister who is also the acknowledged leader of the United Front. I regret to say that during the last five years there have been several instances of reluctance to accept this fundamental necessity, particularly on the part of the Minister of Finance, who is the leader of the LSSP, as well as on the part of the Minister of Transport, perhaps to a lesser extent. I have with me several letters and documents which support this.” In the end, it was a collapse of chemistry.
This is not to say that Dr. Perera was some kind of boor. He was in many ways quite charming and a gentleman. I remember the occasion when I had invited him, in my capacity as the President of the Government Services’ Cricket Association to the distribution of shields and awards to the winners and runners up of the various Divisions under which the tournament was conducted. I did not invite him because he was Minister of Finance. I did so because of his background as a fine cricketer; a former President of the Board of Control for Cricket in Sri Lanka and as President of the Nondescripts Cricket Club (NCC) one of the leading Cricket Clubs in the country.
He graciously accepted the invitation, but fairly close to the date of the ceremony came down with pneumonia. I kept in touch with Sena Gunasekera his Private Secretary, because in case he could not come I had to invite someone else. Sena always replied that Dr. Perera said that he would somehow come and not let me down. I was quite touched by this. However, I told Sena to remind him that the function was to take place in the cool of a December evening, out in the open, since group photographs had to be taken, and in view of his bout of pneumonia, I would not advice the Minister to come. But Dr. Perera was determined to come, and in fact he did come wearing his customary suit and a thick pullover. Such was the graciousness of Dr. Perera.
The problem was, that at this time he appeared to be subject to considerable mood swings, from absolute charm at one end, to anger and asperity at the other. At the same time, he was quite a sport having the ability to laugh at a joke or barb directed against him. A classic instance of this was when the Cabinet was debating the issue of our de-linking from Sterling and linking the Rupee to a basket of currencies. The Cabinet Secretary told me of the most amusing episode that occurred at this meeting.
Dr. N.M. Perera as the Minister of Finance had given a most erudite lecture on this complex subject to his Cabinet colleagues reciting in the process economic history, explaining the workings of the gold standard, the current economic thinking of floating currencies, exchange rates, etc. Now everybody was aware that for quite sometime Dr. Perera was being lampooned in the press as “the golden brains.” At the conclusion of his learned lecture, there had been dead silence in the Cabinet. It had been evident that it had gone over the heads of many.
After the moment of silence, one Minister had stood up. He was dressed in white cloth and the flowing banian, of what we loosely term “the National dress.” The Minister was Hon. TB Tennekoon, Minister of Social Services, a Sinhala poet and excellent Sinhala speaker who did not pretend to know too much English. Mr. Tennekoon had addressed himself to the Prime Minister and said, “Madam Prime Minister, I did not understand a word of what the Finance Minister said. I think he referred several times to gold. All I know is that all the gold is abroad, but the brains are here!” This was vintage TB Tennekoon. It was a telling comment on “the golden brains.” The Cabinet had roared with laughter, the Minister of Finance being among the loudest. Such was the complex personality of Dr. Perera.
It would be unfair if I were to create the impression that among other things, Dr. Perera’s personality was almost the sole or principal factor that led to the breach with the LSSP. In my view, the Prime Minister must also share at least part of this responsibility. Those were days of very stringent Exchange Controls and the government did not favour much foreign travel. There also existed at this time a cumbersome process of obtaining “Exit Permits,” in order to leave the country. In this environment the Prime Minister was very strict about her Ministers traveling abroad. In fact she was too strict, and this was causing considerable irritation.
She also liked to check whether the Ministers were back on the day they had stated they would return. I remember an occasion when an indignant Prime Minister called me and asked me to check whether her Minister of Posts & Telecommunications, Mr. Kumarasuriar, was back from his visit abroad, because he had promised to return the previous day. When I checked I found that he was due the next day, that is, one and half days later than originally planned. The Prime Minister was quite upset at this.
I told her that she was being too strict with her Ministers on matters like this and that these were not major infringements. Sometimes a plane could be delayed, or there could be some other matter, which could cause a small delay. She was not prepared to agree with me. I told her that this was causing considerable irritation among her Ministers. She disagreed. She thought that they should be more responsible. I enjoyed complete freedom of speech with her, and on one occasion I told her “Madam, you are acting like the Principal of a school dealing with some errant pupils.” She enjoyed that.
This kind of thing unfortunately caused a degree of irritation and frustration among members of her Cabinet, more so in the case of persons such as Dr. N.M. Perera, who would have found these Prime Ministerial interventions carping, somewhat demeaning, and unnecessary in the case of someone of his stature. In the end, the break-up was accelerated as a result of personality conflicts and a rapidly eroding understanding and trust among the two main coalition parties. There was stubbornness on both sides, and once there is a diminution of trust even small matters tend to get magnified, and when there were two interpretations possible of a given matter, the more negative one tended to be given credence.
With the break up of the coalition, there was a Cabinet reshuffle, and once again, we were spending hours on the allocation of the new Departments, Subjects and Functions to Ministers. We also had to work on a major statement to Parliament by the Prime Minister on the reconstitution of the government.
1976, was quite hectic. The Prime Minister had to undertake a number of foreign visits. Elections were approaching in 1977 and there were many domestic political and economic issues that engaged her time and attention. Besides, the Non-Aligned Summit was due to take place in August, and the preparations for it were quite formidable.
-
News6 days ago
AKD gladdens Ranil’s heart
-
Business6 days ago
Central Bank aware of upside and downside risks to its inflation projections
-
News6 days ago
SJB questions NPP over MPs’ perks and privileges
-
Features6 days ago
Inside the ancient Indian ritual where humans become gods
-
Editorial6 days ago
Corruption and hypocrisy
-
News6 days ago
Conman nabbed for cheating women
-
Business4 days ago
Launching of Curtin University Colombo, a landmark in Australia-SL educational ties
-
Business6 days ago
Nations Trust American Express launches its seasonal campaign