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The need for a new Constitution

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* Covid-19 continues to dominate headlines

* 20A now legally effective but inadequate

* Focus shifts from CC to Article 35(1)

by C.A.Chandraprema

As in March/April this year, Covid-19 has once again eclipsed everything else with a fresh outbreak more virulent than the previous one. As this issue hits the news stands, a curfew prevails over the Western Province. On a daily basis, anything between 250 to 500 or more new patients are being discovered. The quarantine centers are full and new systems are being introduced by requiring suspected cases to quarantine at home. The health authorities are keeping the public informed about what is happening. As fresh cases are confirmed, news alerts are going out even late at night obviously in the hope that the more awareness there is of the spread of the disease, the more precautions the people will take.

The encouraging signs that have emerged is that the Brandix cluster which started off the present wave of infections, now appears to be receding and hardly finds mention anymore. Now the center stage has been taken by the Peliyagoda fish market cluster. The high hundreds that were reported initially seem to have come down to mid-hundreds and as the days go by will obviously come down further as in the case of the Brandix cluster. Even though the entire Western Province is under curfew, even while the curfew was in force, the lock downs imposed on several villages in the Kalutara district were lifted because no more fresh cases were reported from those areas. Lock downs are being imposed on limited areas as and when necessary. The signs are that it may take the month of November to bring the latest outbreak under control. In the middle of all this, one feather in the cap for the government was the holding of the 2020 A/L examination.

 

Everybody was full of praise for the Elections Commission for the manner in which the parliamentary election of 2020 was conducted despite the Covid-19 situation. Similar praise is due to the Education Ministry and the health authorities for the manner in which the A/L examination was carried out without a hitch. As this is being written the examinations is now nearing the end with subjects taken only by a few students now being held. The very fact that nobody hears anything about the still ongoing A/L examination in the news is the measure of its success. Most people in this country have decided by now that life has to go on despite Covid-19 and things like elections and examinations and even marriages which cannot be postponed beyond a point have to be held in whatever way possible. That the A/L examination was held even in the midst of the most virulent Covid-19 outbreak, is undoubtedly a feather in the cap for the new Minister of Education Prof. G.L.Peiris and the education ministry.

 

There was an element of risk in deciding to hold the A/L examination despite unprecedentedly high daily infection rates. The government took the call, and has delivered. If the government manages to wrestle the present outbreak down as they did the previous ones, that’s going to put this country in the international spotlight. No country can remain Covid-19 free unless it’s a hermit kingdom like North Korea or Bhutan which has very little contact with the outside world. Sri Lanka in contrast is well connected to the outside world. When the number of patients in this country goes down, the repatriation of expatriate workers begins and every planeload brings dozens of Covid-19 patients into the country. So it’s not the presence of patients in the country that’s at issue but how well the pandemic is kept in check. This country has so far been able to overcome all outbreaks since March and the signs are that they will succeed once again. Compared to what has been going on in other countries, even the highest daily rate of over 900 patients counts for nothing. If this number looks large to us, that’s because we were so successful in containing the spread of the disease. Despite the virulence of the present outbreak, GMOA President Dr Anuruddha Padeniya has gone on record as stating that patients have been reported only from 28 of the 350 Health Officer’s Divisions in the country, and from 68 of the 490 Police Divisions. This also explains why curfew has been imposed only on one out of nine provinces. So the picture is not as gloomy as one would imagine.

 

Constitutional Damoclean sword

 

With the speaker appending his signature to the 20A ensuring that the country keeps running without paralysis of the system is not just the responsibility of the executive branch of the government. Even after the 20A, absolutely ANYTHING done or omitted by the President can be the subject of litigation before the Supreme Court – the sole exception being the declaration of war and peace which cannot be the subject of litigation before the SC. Under Clause 5 of the 20A, if the President appoints a judge of the Supreme Court or even the Chief Justice in this manner, under Article 35(1) it could be called in question in the Supreme Court itself. Some readers may recall that in 1997, when then President Chandrika Kumaratunga who had the full panoply of presidential powers including immunity from suit, appointed Ms. Shirani Bandaranayake to the Supreme Court, there was a generalized revolt within the legal fraternity and several fundamental rights suits were filed against that appointment in the Supreme Court. The list of lawyers who appeared in this case against Shirani Bandaranayake read like a who’s who of the Sri Lankan legal fraternity of that time.

 

The case was heard by a seven member bench headed by Justice Mark Fernando. Two separate judgments were delivered by the seven judges both refusing leave to proceed with the case, with Justice Fernando holding that the President in exercising the power conferred by Article 107 (appointment of Supreme Court and Appeal Court judges) had a “sole discretion” which means that the eventual act of appointment is performed by the President and concludes the process of selection. The other group of judges held that the appointment in question is a matter which falls within the purview of the President and that Article 35(1) provides that while any person holds office as President, no proceedings shall be instituted or continued against him in any Court or Tribunal in respect of anything done or omitted to be done by him either in his official capacity, or private capacity and this provides blanket immunity to him from having proceedings instituted or continued against him in any Court in

respect of any act or omission on his part.

 

Thus it was the then Article 35(1) which enabled President Chandrika Kumaratunga to appoint Ms. Shirani Bandaranayake to the Supreme Court. Today however, the old Article 35(1) lies defanged and any and every appointment made by the President can technically be challenged in courts, the only thing standing between the President and a flood of vexatious litigation being the power conferred on the Supreme Court to grant or withhold leave to proceed.

 

The SC’s 19A burden

 

However the Supreme Court itself is not insulated against a flood of politically motivated litigation which will overwhelm the court. No court can tell the public not to bring cases to it and whether the cases are frivolous or vexatious can be decided only by examining them. Arguments can always be found to make a case look important. The only thing that will act as a restraint on vexatious litigation against acts of the President will be the concern that if the SC refuses leave to proceed, the petitioners will end up with egg on their faces. One has to acknowledge that this will act as a powerful curb on vexatious litigation, and the SC may also start looking askance at litigants who appear once too often in courts with obviously frivolous and insubstantial arguments against everything that the President does. Such litigants may even lay themselves open to contempt of court charges. The danger however is that interested parties could always find third parties to put forward for such purposes.

 

Trying to illustrate this point by the use of Ms. Shirani Bandaranayake’s appointment in 1997 is perhaps a bad example to take because there would be so many people who would feel that it would have been better for everyone concerned if the Supreme Court had been able to shoot down Shirani Bandaranayake’s appointment when it was first made! Indeed given the way things finally turned out, it would have been better for her as well. However, it must be noted that it’s the duty of the President to make suitable appointments. If the President makes the wrong choices, he or she will have to face the consequences at the hustings. It’s a moot point whether good decisions by a President can be guaranteed by allowing presidential decisions to be challenged in courts and expecting the courts to keep the President on the straight and narrow.

 

Today the protection provided to the executive by old Article 35(1) as it stood before the 19A when 122 MPs in Parliament filed a parallel action in the Court of Appeal seeking a Writ of Quo Warranto Against Prime Minister Mahinda Rajapaksa and 48 others functioning as Cabinet Ministers, State Ministers and Deputy Ministers, the Court of Appeal issued an interim order restraining Prime Minister Rajapaksa from functioning in that position and all Cabinet Ministers and Deputy Ministers from functioning in their positions until the final hearing and determination of the suit. This would give us an idea of what may happen when the Executive does not have immunity from suit. When a matter comes up before courts, the courts naturally have to order that things be put on hold until they decide on the matter. It’s easy to see why the Ceylon Constitution Order in Council of 1946, the First Republican Constitution of 1972, the Second Republican Constitution of 1978 and the Indian Constitution all had provisions conferring immunity from suit on the Executive. When immunity from suit is conferred on a nominal Head of the Executive it provides cover for the actual wielders of executive power as well as we see in India.



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Politics

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

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by Malinda Seneviratne

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

 

 

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Sinharaja – The island’s priceless treasure

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THE WORLD HERITAGE SITES OF SRI LANKA

By EVERYMAN

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

by Malinda Seneviratne

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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