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The Politicization of the Supreme Court of the United States

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The Leaked Opinion of Ruling Against Reproductive Freedom

by Vijaya Chandrasoma

The radical right’s aspirations for control of the US Supreme Court since the 1970s, and the ongoing wet dream of Republican leader of the Senate, Mitch McConnell, are both now a fait accompli. The radical right will have control of the Court for the next few decades, considering the ages of three Justices with right wing values appointed by a treasonous president. And a fourth Republican Justice, Clarence Thomas, whose wife, Ginny Thomas, was actively and seditiously involved in the January 6 insurrection in the effort to violently overturn the November 2020 presidential election.

According to Article II of the Constitution, Justices to the Supreme Court are nominated by the sitting president, confirmed by the Senate. The framers of the Constitution envisaged a Court, representative of the will of a majority of the American people, with Justices appointed and confirmed by presidents who enjoyed the support of the majority of Americans.

Not so, today. Due to the archaic system of the Electoral College, added to the completely lopsided system of representation in the Senate, the current Supreme Court represents a minority of American voters. Two Presidents, Bush Jr. and Donald Trump, who both lost the popular vote to Al Gore (2000 – by 500,000 votes) and Hillary Clinton (2016 – by 3 million+ votes), respectively, have been responsible for the nomination of four Justices, with meagre legal qualifications but with a sycophantic commitment to the values of those espoused by the extreme right, Evangelical wing of today’s Republican Party. The Court now enjoys, and will enjoy for generations to come, a massive conservative 6/3 majority, composed of the Chief Justice and five Justices who do not represent the will of the majority of the American people.

The right to reproductive freedom has the overwhelming support of 80% of Americans, Republicans, Democrats and Independents. The 1973 Supreme Court ruling on Roe v. Wade, reaffirmed on numerous occasions in the past five decades, has been considered to be a super precedent, the law of the land. A ruling which serves to empower women with the nationwide right of choice for an abortion with no governmental restrictions.

Gun control regulations also have the support of 90% of Americans, but will never see the light of day because of the intransigence of a Republican Party venally ensconced in the deep pockets of the National Rifle Association. The complete lack of such regulations saw yet another racially motivated mass murder recently. An 18-year old white supremacist, armed to the teeth with military-style weaponry, killed 10 African Americans and injured three more at a supermarket, targeting a predominantly black community in Buffalo, NY.

The Supreme Court has already started to flex its newfound muscles with a leaked draft opinion to overturn Roe v. Wade, a ruling which has been unsuccessfully challenged by the Republican Party over the last 50 years. The current opinion is designed to leave the interpretation of abortion laws to individual states. 28 states controlled by the Republican Party will outlaw abortion immediately after the ruling is ratified. The remaining states, mainly in coastal areas controlled by Democrats, will retain their existing laws permitting abortion under varying circumstances. It is estimated that 36 American million women will lose their right to choose under this ruling.

Strangely, Republican Justices, Alito, Gorsuch, Kavanaugh and Barrett, who, like all other Justices underwent a scrutiny of their impartiality in the Senate before confirmation, averred, under oath, that they considered Roe v. Wade an established precedent, and had no intention of overturning it. A complete falsehood, possibly tantamount to perjury, as is evinced by their endorsement of the current leaked opinion.

Outlawing legal abortion will not do away with unwanted pregnancies. Pregnant women financially able to travel interstate will still be able to choose to get an abortion in a state that honours reproductive freedom. However, those who are too poor to so travel, women from rural states in the Republican controlled heartland of America, usually blacks and minorities, will be compelled to resort to illegal, unhygienic, back alley abortions conducted in conditions with enormous risks to themselves and to the unborn foetus.

Extracts from the leaked draft resolution authored by Alito:

“We hold that Roe and Casey (another defeated challenge by the right to overturn abortion rights) must be overruled. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives”.

The Constitution makes no reference to abortion, and no such right is implicitly protected by any Constitutional provision. Alito counters that “although some rights are not mentioned in the Constitution, such rights must be deeply rooted in this Nation’s history and traditions and implicit in the concept of ordered liberty.”

Alito and his radical Justices choose to ignore the fact that the words “deeply rooted in the Nation’s history and traditions” referred to such traditions prevalent during an era in, and context of, the ratification of the Constitution in 1788. Many other freedoms, not referenced in the Constitution, in fact, freedoms specifically denied by it, have, in the past two+ centuries, become deeply rooted in the nation’s history and traditions, and enacted into the nation’s laws. Laws like all women’s right to vote, Blacks to have their humanity increased from 3/5 to 1.0 of a man, civil rights and Jim Crow laws to end segregation, voting rights, the rights of the LGBTQ community and gay marriage are such deeply rooted freedoms which are now the law of the land.

If the Supreme Court is successful in overturning women’s rights of reproductive freedom, there is no doubt that they will next be encouraged to overturn the hard fought freedoms referred to above, especially voting rights, the rights of the LGBTQ community and gay marriage, freedoms which are being bitterly contested by the current Evangelical Republican Party.

The main argument about abortion is when a foetus becomes a human being. Scientifically, up to four weeks, an embryo is just a complex of cellular elements. The brain, spinal cord and heart begin to develop around the fifth week; a foetal heartbeat may be detected by vaginal ultrasound after 5-6 weeks of gestation, which US Christians regard as “ensoulment”, a concept deeply rooted in religion and faith. However, the brainstem of the foetus is fully developed around the 28h week, when doctors are able to monitor foetal brain activity.

All the great religions practiced in the world today are Pro Life, the only difference being the reasons and the stage of the pregnancy for justification of its termination. The Bible is often quoted by the Evangelical right as evidence to justify abortion being the equivalent to murder (thou shalt not kill), although the Good Book makes absolutely no reference to abortion.

According to the Bible, Genesis 2.7, “Then the Lord God formed man of the dust of the ground, and breathed into his nostrils the breath of life; and man became a living being”. In fact, one Mosaic law contradicts that the Bible is anti-abortion, clearly stating that miscarriage (which abortion also is, miscarriage by choice), does not involve the death of a human being. Judaism considers the foetus to be part of a woman’s body until the baby is born.

Catholics also believe that life begins at conception. It also believes that salvation and entry into heaven hinges on the sacrament of baptism. This is a central tenet of the Church. However, the Church conducts baptism only after the child is born. It doesn’t baptise an unborn or stillborn foetus. So a foetus which does not make it to childbirth for any number of tragic reasons is presumably denied salvation and entry into heaven.

Though Hinduism and Buddhism have clear Pro Life positions on abortion, involving the concepts of Ahimsa, Karma and reincarnation, the agreed stipulation is that the final decision whether to terminate the pregnancy should be left to the pregnant woman. The Dalai Lama believes that abortion has negative karmic consequences, as it interferes with the cycle of birth, life, death and rebirth. However, he believes that abortion should be approved or disapproved according to each individual circumstance.

One school of thought on Islam teaches abortion is unlawful as a foetus becomes a human being “once the drop of the man had mixed with the blood of the mother”; another believes that “a foetus becomes a living soul after 16 to 20 weeks’ gestation”. According to yet another source, abortion should be determined entirely on the threat of harm to the mother.

In atheistic, scientific reality, a foetus becomes a human being only after birth, when the infant takes his/her first breath, just as death is confirmed when a person takes his/her last breath. Your birthdays are celebrated not on the day your father successfully fertilized your mother’s egg, nor on the day your heartbeat was heard through a sonogram. Your birthdays are celebrated on that wonderful day your parents held you in their arms for the first time.

Roe v. Wade ruled that the decision to allow a woman the right to legal abortion was not just about the age of the foetus. The circumstances of the pregnancy (rape, incest, etc.) were also taken into consideration, as were the dangers of a continuing pregnancy to the health and well-being of the pregnant woman and/or the foetus.

With the proposed opinion to overturn Roe v. Wade, this Supreme Court may rule that abortion will be illegal, under all circumstances and at any stage of the pregnancy. Life, a gift from God, begins at fertilization, with no regard to the circumstances which caused the pregnancy. I am only surprised these religious kooks in Justices’ robes do not consider that life begins at erection.

Considering the most gruesome scenario, this draft opinion against abortion will compel a 12-year-girl, raped by a monster or family member, to carry the baby to childbirth, and gaze upon the eyes and features of her rapist all her life. An unwanted, even hateful tragedy which may prove to be a disaster for both the 12-year old child and the newborn infant.

There is no woman in the world who would want to terminate the life of the foetus growing inside her, unless there are circumstances which would make her life, or that of the unborn, totally unbearable. That decision, those circumstances and that choice, is hers, and hers alone, in consultation with her doctor and her God.

If the US radical right has genuine claims to be Pro Life, they will make benefits like extended periods of maternity leave, help with free care of the newborn child, its health and education. Also they will provide all assistance necessary to the mother whom they have forced to carry the infant to full term to pursue her own personal dreams.

But they will not, not in the USA, anyway. These Evangelical Republicans are not Pro Life; they are simply Pro Birth. Their interest in the well-being of the mother and the infant disappears after birth. Both the mother and the child will be abandoned to fend for themselves as best they could.

This leaked document is only a draft opinion, with no legal status. But there is a silver lining. The implied opposition to overturn Roe v. Wade, a ruling which has the support of the vast majority of Americans, may so incense voters of all stripes to support the Democratic Party in the midterms in November 2022. The attempt to overturn Roe v. Wade might well be the first nail in the Trump Republican coffin, and present the Democrats the opportunity of holding, even adding to, their majorities in the House and the Senate in November, a prospect projected to be highly unlikely before this leaked draft opinion emerged to overturn Roe v. Wade.



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Trump’s Venezuela gamble: Why markets yawned while the world order trembled

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The world’s most powerful military swoops into Venezuela, in the dead of night, captures a sitting President, and spirits him away to face drug trafficking charges in New York. The entire operation, complete with at least 40 casualties, was announced by President Trump as ‘extraordinary’ and ‘brilliant.’ You’d think global financial markets would panic. Oil prices would spike. Stock markets would crash. Instead, something strange happened: almost nothing.

Oil prices barely budged, rising less than 2% before settling back. Stock markets actually rallied. The US dollar remained steady. It was as if the world’s financial markets collectively shrugged at what might be the most brazen American military intervention since the 1989 invasion of Panama.

But beneath this calm surface, something far more significant is unfolding, a fundamental reshaping of global power dynamics that could define the next several decades. The story of Trump’s Venezuela intervention isn’t really about Venezuela at all. It’s about oil, money, China, and the slow-motion collapse of the international order we’ve lived under since World War II. (Figure 1)

The Oil Paradox

Venezuela sits on the world’s largest proven oil reserves, more than Saudi Arabia, more than Russia. We’re talking about 303 billion barrels. This should be one of the wealthiest nations on Earth. Instead, it’s an economic catastrophe. Venezuela’s oil production has collapsed from 3.5 million barrels per day in the late 1990s to less than one million today, barely 1% of global supply (Figure 1). Years of corruption, mismanagement, and US sanctions have turned treasure into rubble. The infrastructure is so degraded that even if you handed the country to ExxonMobil tomorrow, it would take a decade and hundreds of billions of dollars to fix.

This explains why oil markets barely reacted. Traders looked at Venezuela’s production numbers and basically said: “What’s there to disrupt?” Meanwhile, the world is drowning in oil. The global market has a surplus of nearly four million barrels per day. American production alone hit record levels above 13.8 million barrels daily. Venezuela’s contribution simply doesn’t move the needle anymore (Figure 1).

But here’s where it gets interesting. Trump isn’t just removing a dictator. He’s explicitly taking control of Venezuela’s oil. In his own words, the country will “turn over” 30 to 50 million barrels, with proceeds controlled by him personally “to ensure it is used to benefit the people of Venezuela and the United States.” American oil companies, he promised, would “spend billions of dollars” to rebuild the infrastructure.

This isn’t subtle. One energy policy expert put it bluntly: “Trump’s focus on Venezuelan oil grants credence to those who argue that US foreign policy has always been about resource extraction.”

The Real Winners: Defence and Energy

While oil markets stayed calm, defence stocks went wild. BAE Systems jumped 4.4%, Germany’s Rheinmetall surged 6.1%. These companies see what others might miss, this isn’t a one-off. If Trump launches military operations to remove leaders he doesn’t like, there will be more.

Energy stocks told a similar story. Chevron, the only U.S. oil major currently authorised to operate in Venezuela, surged 10% in pre-market trading. ExxonMobil, ConocoPhillips, and oil services companies posted solid gains. Investors are betting on lucrative reconstruction contracts. Think Iraq after 2003, but potentially bigger.

The catch? History suggests they might be overly optimistic. Iraq’s oil sector was supposed to bounce right back after Saddam Hussein fell. Twenty years later, it still hasn’t reached its potential. Afghanistan received hundreds of billions in reconstruction spending, most of which disappeared. Venezuela shares the same warning signs: destroyed infrastructure, unclear property rights, volatile security, and deep social divisions.

China’s Venezuela Problem

Here’s where the story gets geopolitically explosive. China has loaned Venezuela over $60 billion, since 2007, making Venezuela China’s biggest debtor in Latin America. How was Venezuela supposed to pay this back? With oil. About 80% of Venezuelan oil exports were going to China, often at discounted rates, to service this debt.

Now Trump controls those oil flows. Venezuelan oil will now go “through legitimate and authorised channels consistent with US law.” Translation: China’s oil supply just got cut off, and good luck getting repaid on those $60 billion in loans.

This isn’t just about one country’s debt. It’s a demonstration of American power that China cannot match. Despite decades of economic investment and diplomatic support, China couldn’t prevent the United States from taking over. For other countries considering Chinese loans and partnerships, the lesson is clear: when push comes to shove, Beijing can’t protect you from Washington.

But there’s a darker flip side. Every time the United States weaponizes the dollar system, using control over oil sales, bank transactions, and trade flows as a weapon, it gives countries like China more reason to build alternatives. China has been developing its own international payment system for years. Each American strong-arm tactic makes that project look smarter to countries that fear they might be next.

The Rules Are for Little People

Perhaps the most significant aspect of this episode isn’t economic, it’s legal and political. The United States launched a military operation, captured a President, and announced it would “run” that country indefinitely. There was no United Nations authorisation. No congressional vote. No meaningful consultation with allies.

The UK’s Prime Minister emphasised “international law” while waiting for details. European leaders expressed discomfort. Latin American countries split along ideological lines, with Colombia’s President comparing Trump to Hitler. But nobody actually did anything. Russia and China condemned the action as illegal but couldn’t, or wouldn’t, help. The UN Security Council didn’t even meet, because everyone knows the US would just veto any resolution.

This is what scholars call the erosion of the “rules-based international order.” For decades after World War II, there was at least a pretense that international law mattered, that sovereignty meant something. Powerful nations bent those rules when convenient, but they tried to maintain appearances.

Trump isn’t even pretending. And that creates a problem: if the United States doesn’t follow international law, why should Russia in Ukraine? Why should China regarding Taiwan? Why should anyone?

What About the Venezuelan People?

Lost in all the analysis are the actual people of Venezuela. They’ve suffered immensely. Inflation is 682%, the highest in the world. Nearly eight million Venezuelans have fled. Those who remain often work multiple jobs just to survive, and their cupboards are still bare. The monthly minimum wage is literally 40 cents.

Many Venezuelans welcomed Maduro’s removal. He was a brutal dictator whose catastrophic policies destroyed the country. But they’re deeply uncertain about what comes next. As one Caracas resident put it: “What we don’t know is whether the change is for better or for worse. We’re in a state of uncertainty.”

Trump’s explicit focus on oil control, his decision to work with Maduro’s own Vice President, rather than democratic opposition leaders, and his promise that American companies will “spend billions”, all of this raises uncomfortable questions. Is this about helping Venezuelans, or helping American oil companies?

The Bigger Picture

Financial markets reacted calmly because the immediate economic impacts are limited. Venezuela’s oil production is already tiny. The country’s bonds were already in default. The direct market effects are manageable. But markets might miss the forest for the trees.

This intervention represents something bigger: a fundamental shift in how powerful nations behave. The post-Cold War era, with its optimistic talk of international cooperation and rules-based order, was definitively over. We’re entering a new age of imperial power politics.

In this new world, military force is back on the table. Economic leverage will be used more aggressively. Alliance relationships will become more transactional. Countries will increasingly have to choose sides between competing power blocs, because the middle ground is disappearing.

The United States might win in the short term, seizing control of Venezuela’s oil, demonstrating military reach, showing China the limits of its influence. But the long-term consequences remain uncertain. Every country watching is drawing conclusions about what it means for them. Some will decide they need to align more closely with Washington to stay safe. Others will conclude they need to build alternatives to American-dominated systems to stay independent.

History will judge whether Trump’s Venezuela gambit was brilliant strategy or reckless overreach. What we can say now is that the comfortable assumptions of the past three decades, that might not be right, that international law matters, that economic interdependence prevents conflict, no longer hold.

Financial markets may have yawned at Venezuela. But they might want to wake up. The world just changed, and the bill for that change hasn’t come due yet. When it does, it won’t be measured in oil barrels or bond prices. It will be measured in the kind of world we all have to live in, and whether it’s more stable and prosperous, or more dangerous and divided.

That’s a question worth losing sleep over.

(The writer, a senior Chartered Accountant and professional banker, is Professor at SLIIT, Malabe. The views and opinions expressed in this article are personal.)

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Living among psychopaths

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Bob (not his real name) who worked in a large business organisation was full of new ideas. He went out of his way to help his colleagues in difficulties. His work attracted the attention of his superiors and they gave him a free hand to do his work. After some time, Bob started harassing his female colleagues. He used to knock against them in order to kick up a row. Soon he became a nuisance to the entire staff. When the female colleagues made a complaint to the management a disciplinary inquiry was conducted. Bob put up a weak defence saying that he had no intention to cause any harm to the females on the staff. However, he was found guilty of harassing the female colleagues. Accordingly his services were terminated.

Those who conducted the disciplinary inquiry concluded that Bob was a psychopath. According to psychologists, a psychopath is a person who has a serious and permanent mental illness that makes him behave in a violent or criminal way. Psychologists believe that one per cent of the people are psychopaths who have no conscience. You may have come across such people in films and novels. The film The Silence of the Lambs portrayed a serial killer who enjoyed tormenting his innocent victims. Apart from such fictional characters, there are many psychopaths in big and small organisations and in society as well. In a reported case Dr Ahmad Suradji admitted to killing more than 40 innocent women and girls. There is something fascinating and also chilling about such people.

People without a conscience are not a new breed. Even ancient Greek philosophers spoke of ‘men without moral reason.’ Later medical professionals said people without conscience were suffering from moral insanity. However, all serial killers and rapists are not psychopaths. Sometimes a man would kill another person under grave and sudden provocation. If you see your wife sleeping with another man, you will kill one or both of them. A world-renowned psychopathy authority Dr Robert Hare says, “Psychopaths can be found everywhere in society.” He developed a method to define and diagnose psychopathy. Today it is used as the international gold standard for the assessment of psychopathy.

No conscience

According to modern research, even normal people are likely to commit murder or rape in certain circumstances. However, unlike normal people, psychopaths have no conscience when they commit serious crimes. In fact, they tend to enjoy such brutal activities. There is no general consensus whether there are degrees of psychopathy. According to Harvard University Professor Martha Stout, conscience is like a left arm, either you have one or you don’t. Anyway psychopathy may exist in degrees varying from very mild to severe. If you feel remorse after committing a crime, you are not a psychopath. Generally psychopaths are indifferent to, or even enjoy, the torment they cause to others.

In modern society it is very difficult to identify psychopaths because most of them are good workers. They also show signs of empathy and know how to win friends and influence people. The sheen may rub off at any given moment. They know how to get away with what they do. What they are really doing is sizing up their prey. Sometimes a person may become a psychopath when he does not get parental love. Those who live alone are also likely to end up as psychopaths.

Recent studies show that genetics matters in producing a psychopath. Adele Forth, a psychology professor at Carleton University in Canada, says callousness is at least partly inherited. Some psychopaths torture innocent people for the thrill of doing so. Even cruelty to animals is an act indulged in by psychopaths. You have to be aware of the fact that there are people without conscience in society. Sometimes, with patience, you might be able to change their behaviour. But on most occasions they tend to stay that way forever.

Charming people

We still do not know whether science has developed an antidote to psychopathy. Therefore remember that you might meet a psychopath at some point in your life. For now, beware of charming people who seem to be more interesting than others. Sometimes they look charismatic and sexy. Be wary of people who flatter you excessively. The more you get to know a psychopath, the more you will understand their motives. They are capable of telling you white lies about their age, education, profession or wealth. Psychopaths enjoy dramatic lying for its own sake. If your alarm bells ring, keep away from them.

According to the Psychiatric Diagnostic Manual, the behaviour of a psychopath is termed as antisocial personality disorder. Today it is also known as sociopath. No matter the name, its hallmarks are deceit and a reckless disregard for others. A psychopath’s consistent irresponsibility begets no remorse – only indifference to the emotional pain others may suffer. For a psychopath other people are always ‘things’ to be duped, used and discarded.

Psychopathy, the incapacity to feel empathy or compassion of any sort or the least twinge of conscience, is one of the more perplexing of emotional defects. The heart of the psychopath’s coldness seems to lie in their inability to make anything more than the shallowest of emotional connections.

Absence of empathy is found in husbands who beat up their wives or threaten them with violence. Such men are far more likely to be violent outside the marriage as well. They get into bar fights and battling with co-workers. The danger is that psychopaths lack concern about future punishment for what they do. As they themselves do not feel fear, they have no empathy or compassion for the fear and pain of their victims.

karunaratners@gmail.com

By R.S. Karunaratne

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Rebuilding the country requires consultation

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A positive feature of the government that is emerging is its responsiveness to public opinion. The manner in which it has been responding to the furore over the Grade 6 English Reader, in which a weblink to a gay dating site was inserted, has been constructive. Government leaders have taken pains to explain the mishap and reassure everyone concerned that it was not meant to be there and would be removed. They have been meeting religious prelates, educationists and community leaders. In a context where public trust in institutions has been badly eroded over many years, such responsiveness matters. It signals that the government sees itself as accountable to society, including to parents, teachers, and those concerned about the values transmitted through the school system.

This incident also appears to have strengthened unity within the government. The attempt by some opposition politicians and gender misogynists to pin responsibility for this lapse on Prime Minister Dr Harini Amarasuriya, who is also the Minister of Education, has prompted other senior members of the government to come to her defence. This is contrary to speculation that the powerful JVP component of the government is unhappy with the prime minister. More importantly, it demonstrates an understanding within the government that individual ministers should not be scapegoated for systemic shortcomings. Effective governance depends on collective responsibility and solidarity within the leadership, especially during moments of public controversy.

The continuing important role of the prime minister in the government is evident in her meetings with international dignitaries and also in addressing the general public. Last week she chaired the inaugural meeting of the Presidential Task Force to Rebuild Sri Lanka in the aftermath of Cyclone Ditwah. The composition of the task force once again reflects the responsiveness of the government to public opinion. Unlike previous mechanisms set up by governments, which were either all male or without ethnic minority representation, this one includes both, and also includes civil society representation. Decision-making bodies in which there is diversity are more likely to command public legitimacy.

Task Force

The Presidential Task Force to Rebuild Sri Lanka overlooks eight committees to manage different aspects of the recovery, each headed by a sector minister. These committees will focus on Needs Assessment, Restoration of Public Infrastructure, Housing, Local Economies and Livelihoods, Social Infrastructure, Finance and Funding, Data and Information Systems, and Public Communication. This structure appears comprehensive and well designed. However, experience from post-disaster reconstruction in countries such as Indonesia and Sri Lanka after the 2004 tsunami suggests that institutional design alone does not guarantee success. What matters equally is how far these committees engage with those on the ground and remain open to feedback that may complicate, slow down, or even challenge initial plans.

An option that the task force might wish to consider is to develop a linkage with civil society groups with expertise in the areas that the task force is expected to work. The CSO Collective for Emergency Relief has set up several committees that could be linked to the committees supervised by the task force. Such linkages would not weaken the government’s authority but strengthen it by grounding policy in lived realities. Recent findings emphasise the idea of “co-production”, where state and society jointly shape solutions in which sustainable outcomes often emerge when communities are treated not as passive beneficiaries but as partners in problem-solving.

Cyclone Ditwah destroyed more than physical infrastructure. It also destroyed communities. Some were swallowed by landslides and floods, while many others will need to be moved from their homes as they live in areas vulnerable to future disasters. The trauma of displacement is not merely material but social and psychological. Moving communities to new locations requires careful planning. It is not simply a matter of providing people with houses. They need to be relocated to locations and in a manner that permits communities to live together and to have livelihoods. This will require consultation with those who are displaced. Post-disaster evaluations have acknowledged that relocation schemes imposed without community consent often fail, leading to abandonment of new settlements or the emergence of new forms of marginalisation. Even today, abandoned tsunami housing is to be seen in various places that were affected by the 2004 tsunami.

Malaiyaha Tamils

The large-scale reconstruction that needs to take place in parts of the country most severely affected by Cyclone Ditwah also brings an opportunity to deal with the special problems of the Malaiyaha Tamil population. These are people of recent Indian origin who were unjustly treated at the time of Independence and denied rights of citizenship such as land ownership and the vote. This has been a festering problem and a blot on the conscience of the country. The need to resettle people living in those parts of the hill country which are vulnerable to landslides is an opportunity to do justice by the Malaiyaha Tamil community. Technocratic solutions such as high-rise apartments or English-style townhouses that have or are being contemplated may be cost-effective, but may also be culturally inappropriate and socially disruptive. The task is not simply to build houses but to rebuild communities.

The resettlement of people who have lost their homes and communities requires consultation with them. In the same manner, the education reform programme, of which the textbook controversy is only a small part, too needs to be discussed with concerned stakeholders including school teachers and university faculty. Opening up for discussion does not mean giving up one’s own position or values. Rather, it means recognising that better solutions emerge when different perspectives are heard and negotiated. Consultation takes time and can be frustrating, particularly in contexts of crisis where pressure for quick results is intense. However, solutions developed with stakeholder participation are more resilient and less costly in the long run.

Rebuilding after Cyclone Ditwah, addressing historical injustices faced by the Malaiyaha Tamil community, advancing education reform, changing the electoral system to hold provincial elections without further delay and other challenges facing the government, including national reconciliation, all require dialogue across differences and patience with disagreement. Opening up for discussion is not to give up on one’s own position or values, but to listen, to learn, and to arrive at solutions that have wider acceptance. Consultation needs to be treated as an investment in sustainability and legitimacy and not as an obstacle to rapid decisionmaking. Addressing the problems together, especially engagement with affected parties and those who work with them, offers the best chance of rebuilding not only physical infrastructure but also trust between the government and people in the year ahead.

 

by Jehan Perera

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