By Dr. S. Narapalasingam

Last month (May 2008) was momentous as the happenings indicated clearly the political nature of the crisis in Sri Lanka that has its roots in the unscrupulous opportunistic politics of rival political parties since the mid 1950s, when the contest for power became the main feature of the democratic process. Their main concern while in government focused on consolidating the power gained and when in opposition weakening the opponent regardless of the consequences to the unity, peace and future of the State. Sensitive matters that raise the concerns of the ethnic majority Sinhalese who are mostly Buddhists were made major issues for political expediency. Declared policies and their implementation were largely influenced by short-term political interests. Now, a new method has been found to consolidate power at considerable public expense. This is to lure members of the opposition to join the government by offering new cabinet posts bestowed with attractive pays, perks and privileges. They also get extra special security arrangement at great cost to the Treasury. Sri Lanka with a population of around 21 million has over 100 ministers, which has no relevance to the democratic process. Furthermore, the President has appointed more than 150 ‘useful’ persons as advisors, who are also paid generously from the same kitty.

In Sri Lanka, the public sector is politicized and overstaffed. The overstaffing is mainly because of using the public sector as a means of rewarding the supporters of powerful politicians. It also served to some extent to contain the unemployment rate among the educated youth when the pressure was great. Now there is one public servant for every 17 citizens. More than half the annual tax revenue goes to pay the salaries and pensions of public servants. Corruption is endemic and is one facet of the multifaceted national problem. Very recently the sky-high food and fuel prices have made life extremely difficult for millions who were already struggling to make ends meet. However, life goes on normally for the political masters. They try to divert the attention of the people from the economic to political issues or resort to rhetoric to conceal the real causes.

In democracy no one is above the law and Ministers and other executives are accountable to some body. The parliamentary select committee system failed to perform this role because of political interference, which was possible because of the inherent weaknesses in the governing system. This was evident from the ineffectiveness of the two important parliamentary committees, the PAC and the COPE. Without proper arrangement for ensuring accountability, democracy loses one of its supporting pillars.

When the conditions for the effective functioning of democracy do not exist, the system could easily be manipulated to become authoritarian and the opposition has no effective role in the decision-making process. In a functioning democracy the opposition party or parties have a useful role in serving the people and safeguarding the future wellbeing of the nation. Persistent confrontational politics is not expected from a responsible opposition in a democratic system. In Sri Lanka, the main opposition party has invariably failed to function as an alternative government.

The very concept of ‘One Nation’ has been undermined by the divisive politics pursued as a means to gain political power. Unless there are inbuilt safeguards to prevent the abuse of power which in a democracy originates from the people, it can be manipulated to serve self-interest or some narrow political interest. While in government the main political parties have considered their interests to be the national interest. In the power struggle, they also found it useful to regard the interest of the ethnic majority Sinhalese same as national interest. Any political ideology that ignores the pluralism of the Sri Lankan society cannot promote unity in diversity, which is essential for ensuring lasting peace. Unity in diversity can only come from the principle of equality of all citizens regardless of their ethnic, regional and religious background. Thus the system failed to promote national integration, as the emphasis was on the division between ethnic Sinhala majority and other minority communities. The Sinhala nationalists used this to assert the supremacy of their community throughout the island.

Post election East

The Eastern Provincial Council election was held hurriedly after the government forces ‘liberated’ the part that was under LTTE control. Not all the displaced families have been resettled in their habitats. Having lost their livelihood, many who have been resettled still need relief. The election was meant to serve the government’s political objective. The LTTE had to be weakened politically, while the forces were fighting in the North to destroy them militarily. Normalising the de-merger of the North-East Province following the Supreme Court ruling was also an imperative to weaken the claim for a separate state for the Tamils.

Reawakening the East by restoring democracy and developing the economy was the government’s key message to the world. This was intended to demonstrate its commitment to ‘democracy’ and development to the international community that had been pressing for a balanced political settlement acceptable to all ethnic communities. The political solution contemplated by them centers on reasonable devolution of powers and power-sharing arrangement making democracy meaningful to all ethnic communities in the provinces.

The US Deputy Chief of Mission Jim Moore addressing the National Conference on Strengthening the Provincial Council Process May 28 at BMICH, Colombo remarked: “By articulating and implementing a vision of how power can be truly shared among Sri Lanka’s communities, Sri Lanka has an opportunity to demonstrate to the Tamil, Muslim and other minority communities that they have a place of lasting respect in this island. Sri Lanka’s minorities need to know that they can have a role in a united Sri Lanka where they can control many of their own affairs in local regions where they predominate”.

He also said: “Devolution of power to the provinces has long been talked about as a potential solution to the long-standing conflict. The 13th Amendment to the Constitution has been on the books for over twenty years. This Amendment, along with the system of provincial councils that it set up, represents an important first step toward achieving a truly pluralistic democracy throughout the island. However, the 13th Amendment has never really been put to the test. It needs to be activated in a way that serves the people in the provinces. It needs to be enacted in such a way that it grants meaningful power and resources to those living in and governing the provinces”. The key question is whether the government has the political will to implement the 13th Amendment as suggested by Jim Moore. There is no sign so far to believe the government is serious about implementing it fully which was declared in January following the recommendation of the APRC. This move was as instructed by President Rajapaksa to the APRC chairman.

The May 10 Provincial Council election served to demonstrate the commitment in principle to the democratic method of choosing the representatives of the people. Even this was flawed as there were irregularities such as intimidation, impersonation, vote rigging and ballot box stuffing. These irregularities undermining democracy are nothing new; their scale has varied over the years particularly after the UNP led by J. R. Jeyawardene won the 1977 general election gaining five-sixth majority in the Parliament.

The main Tamil Party, Tamil Makkal Viduthalai Puligal (TMVP) contested the election in partnership with the ruling coalition UPFA (not all the constituent parties were involved) while its cadres remained armed, despite the repeated calls of the opposition parties and civil society groups for the TMVP to disarm. During campaigning, the TMVP took care to keep its arms hidden in its camps. Violent clashes occurred after the election between the supporters of the two contenders for the Chief Minister’s post in the UPFA-TMVP coalition. These necessitated the declaration of curfew in Eravur and the intervention of civil society and religious leaders to reduce tension in the troubled areas. Unlike the earlier scenarios, this time the post election clashes have been between the Tamil and Muslim activists. Abduction and extra-judicial killing that became salient features of the gun culture that emerged with the rise of state and non-state terror showed their ugly faces again in the ‘liberated’ East.

The government coalition (UPFA-TMVP) won 20 (18 + 2 bonus) out of the total 37 seats. Out of the 3 districts in the East, only in Trincomalee the UNP-SLMC coalition won more seats than other parties. Apparently, both the Tamil and Muslim leaders in the UPFA-TMVP coalition had been promised this post, if the government coalition secured the majority. Victory was absolutely important to the Rajapaksa regime for demonstrating its ‘popularity’. The TMVP leader Sivanesathurai Chandrakanthan alias Pillaiyan claimed the CM post on the grounds he secured the highest number of the preferential votes. But the Muslim leader, Mohamed Lebbe Alim Mohammed Hisbullah claimed it since more Muslims got elected in the new UPFA coalition. President Rajapaksa himself said that the choice of Pillaiyan was influenced by the ongoing military campaign against the LTTE in the North. This is not surprising, since a Muslim as Chief Minister would have been counterproductive from the standpoint of government’s political objective.

IRIN reported on June 3 that communal clashes and ethnic tension between Tamils and Muslims have been disrupting humanitarian work of UN and other relief workers in the Batticaloa District since 22 May. Relief officials had told IRIN they were reluctant to send staff into the field for fear of getting caught up in the violence. Daily Mirror June 6 reported that fresh clashes erupted in Kattankudi on June 5 after a Muslim youth was hacked to death in Arampidy, forcing police to clamp down a curfew. Two policemen were shot dead the same day in Kallady The SLMC Leader Rauff Hakeem accused groups within the government of provoking violence with its knowledge. At a news conference on June 5 he said the TMVP too was harassing the Muslims in the area.
Ranjith Jayasundera in his analysis (Morning Leader June 4) has said that there are still LTTE pistol gangs operating in the East. “If the assurances given by TMVP Head and Eastern Chief Minister Pillaiyan to M.L.A.M. Hisbullah that he would bring his cadres into check and stop them from picking on Muslims were not bad enough, the killing of two of Pillaiyan’s cadres — allegedly by LTTE pistol gang agents — laid to rest any whims about ‘democracy’ and ‘liberation’ of the East”.

The first session of the Eastern Provincial Council was held in Trincomalee on June 4. The elected members of the UNP-SLMC alliance boycotted the inaugural session protesting the outcome of the May 10 fraudulent election. The same day the UNP-SLMC alliance filed an election petition seeking a declaration from the Court of Appeal that the Eastern Provincial Council election for Amparai district is void.

The crafty conduct that undermined democracy for decades was also visible in the recent moves to bring the East back into the ‘democratic’ mainstream through Pillaiyan’s TMVP. Given the present muddled state, it is too early to say how long the forced Pillaiyan-Hisbullah partnership will last and more importantly what useful powers will be devolved to the Eastern PC for it to function usefully in meeting the needs of the people.

Human Rights debate

Following the failure to get re-elected to the 47-member Human Rights Council at the UN General Assembly vote on May 21, the spokespersons of the Sri Lankan government went all out to play down its significance. Their stance is similar to the fallen man who got up and proclaimed there was no sand on his moustache! Various reasons were given for not receiving the anticipated 126 votes (got only 101). No one can deny the fact that the Sri Lankan government canvassed intensely for the votes of many countries, while the INGOs and prominent foreign leaders committed to human rights the world over challenged Sri Lanka’s claim to continue as a member of the Council given the country’s recent track record of human rights violations. The culture of impunity that grew blatantly from the time the State resorted to brutal methods to put down the JVP’s uprisings in the South contributed to the unrestrained violations Since then the rule of law has been breached in varying degrees and the induced offenders knew they would not be prosecuted or any disciplinary action taken by the authorities. Had the UN vote on May 21 gone in favour of Sri Lanka, the government would have asserted that the international community had approved its overall conduct in the military campaign to destroy the LTTE. The fact that the victims of human rights violations are mostly innocent civilians, media personnel and human rights defenders who have no link at all with the ‘terrorists’ would have also lost its significance.

Emphasizing the ‘war on terror’ which is at the top of its political agenda, the government paid no attention to the abductions, assaults, involuntary disappearances, extra-judicial killings and the well-known ‘White Van’ emergence and the whisking away civilians forcibly in broad daylight in areas under its control. These were part of the politico-military strategy of the government at the cost of encouraging lawlessness. The war against LTTE terrorism has been likened to the ongoing conflicts in Iraq and Afghanistan. In both countries the war is against the US and allied foreign and local forces there, though many victims as in Sri Lanka are innocent civilians. LTTE’s track record of human rights violations is well known. The rights violations by the Tamil Tigers since the time of the Indian Peace Keeping Force in North-East Sri Lanka along with those committed by others have been methodically reported by the UTHR(J) – University Teachers for Human Rights (Jaffna). These do not justify the democratically elected government obliged to uphold the rule of law and obey international laws and covenants indulging in the same horrid practices.

United Nations Under-secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, John Holmes after the UN vote condemned the targeting of civilians by both the LTTE and the government forces in the ongoing conflict in Sri Lanka and said this “despicable behaviour” must end. Several foreign and local commentators have written on the shameful human rights situation in Sri Lanka. Farah Mihlar in the UK Guardian daily (May 27) has said that the UN vote on May 21 was “a small step” taken to stop human rights violations in Sri Lanka. “Thousands are displaced by fighting and in some areas people have limited access to essential food and medicine. Killings, disappearances and abductions are occurring virtually on a daily basis; those targeted are mostly Tamil human rights activists, journalists or aid workers. Para-military groups working with the Sri Lankan government have been responsible for many of the incidents and together they have also been accused of abducting children to fight in the war. The Tamil Tigers are also notorious human rights abusers: they continue recruiting child soldiers and have recently been involved in a spate of suicide bombings killing several innocent civilians. The Sri Lankan government's response to all of this has been to hide behind the rhetoric of a "war on terror" and create a climate of impunity while accusing human rights groups and the UN of exaggerating the story. They have gone as far as to accuse senior UN officials of being terrorists and have made a mockery of UN systems by sitting in the Human Rights Council and covering up their appalling record”.

Some have found comfort in the reduction of criminal incidents, particularly in Colombo, although terrible ones like the abduction of Keith Noyahr, the Associate Editor and Defence Columnist of the weekly - ‘The Nation’ and the merciless assault for his critical comments on the war-related matters occurred now and then. It is significant Keith Noyahr was abducted in Colombo suburb on May 22, the very next day after the UN vote on UNHRC membership. He escaped death because of his colleagues, who promptly took up the matter with the authorities. The condemnation by the media and the various journalist associations was also strong all round. Nevertheless, on May 28 Paranirupasingam Devakumar, a television reporter was hacked to death in Navanthurai (a Jaffna suburb), as he was returning to his home in Vaddukoddai. His friend 24-year-old computer technician Mahendran Varadan, who accompanied him died later in hospital from the injuries sustained in the attack.

Outraged by this ghastly killing Reporters Without Borders issued a statement on May 29 which, inter alia, said: “…,the security forces should explain how this attack took place in an area of the peninsula that is supposed to be under close military control. The government is exposing both its inability and its lack of political will to protect journalists.” The Sri Lankan Free Media Movement in its statement said that Devakumar’s murder was just the latest in a series of killings of journalists in the troubled Jaffna region. Condemnations and promises of investigations had no meaning “without the political will” to complete the investigations. It also said: “The repugnant impunity that aids and abets violence against journalists and media personnel must come to an end”. The consequences of the growing culture of impunity to the society are extensively damaging and it will not be easy for future governments to get rid of this menace easily. Freedom of expression is intrinsic to democracy. It is denied only in military regime or in one-party authoritarian states.

The defence ministry headed by President Rajapaksa’s brother has declared war on journalists critical of any alleged act of the security forces. It warned "all necessary measures to stop this journalistic treachery against the country" would be taken. An article in its official defence.lk website stated: "Those who commit such treachery should identify themselves with the LTTE rather than showing themselves as crusaders of media freedom." AFP reported on June 5: “The defence ministry presents reporters with a stark choice of being either pro-government or pro-terrorist -- sparking renewed alarm among media rights activists about freedom of the press in Sri Lanka”. The unity seen in challenging the defense ministry doctrine on the rights of journalists is unprecedented. If only this unity had prevailed earlier, Sri Lanka would have been one integrated, peaceful and thriving democratic nation. Truly patriotic citizens can be proud of the courageous stand taken jointly by the media fraternity in Sri Lanka.

Erica Barks-Ruggles, US Deputy Assistant Secretary for Democracy, Human Rights and Labour visited Colombo during May 22-24. The US embassy in Colombo in a statement issued at the end of her visit quoted her as saying: “Sri Lanka has the necessary institutional framework in place, but it needs to empower its institutions to carry out their work effectively. Human Rights protection needs to be applied in fact, not just in law.” Again it is the lack of political will that is averting the empowerment. Also, the Sri Lankan leaders have preferred a system with ample room for political maneuvering. Amnesty International (AI) in its annual report (2007) said . “Impunity for serious human rights violators was the main characteristic of Sri Lanka’s rights record”. The AI also criticised Sri Lanka authorities of failing to introduce a witness protections mechanism, an impediment to credibly probe rights violations. The AI charged Sri Lanka’s National Human Rights Commission (NHRC) losing credibility ‘due to the political appointment’ of Commissioners. Besides this practice, authorized ‘independent’ inquiries lose momentum because of bureaucratic obstacles, delays and poor co-operation from other relevant government agencies. These shortcomings are useful to the authorities to buy time and defuse the pressure.

‘A Reality check’

Tisaranee Gunasehara a regular forthright columnist in her comments published in the Sunday Island June 1 – ‘A Reality check’ – has highlighted the gulf between reality and perception or rather the ‘reality’ professed by some ‘patriots’. Undoubtedly, the latter is influenced by blind nationalism and in some cases by the politics of power. She has observed: “There was indeed an international campaign against Sri Lanka; but that campaign was succoured primarily by our stark failure to make any real improvements in our human rights record and our lamentable recourse to the ‘Chandi Malli’ doctrine in international relations. Our own misdeeds and follies, our own ravings and obduracy facilitated the creation of a broad coalition against Sri Lanka, extending far beyond the usual NGO and pro-Tiger suspect…. If we did not mishandle the IIGEP so badly, if we did not antagonise every visiting UN dignitary, we would have had a better chance in New York”.

The present government from the myopic and impulsive ways it approached to deal with awkward cases such as those referred to the Commission of Inquiry (CoI) and confidently inviting International Independent Group of Eminent Persons (IIGEP) tried to calm down the terribly shaken international community, particularly the traditional donor countries. This served the immediate purpose but at a cost to the country in the long run. This is nothing new as this type of thinking has prevailed earlier also; otherwise Sri Lanka will not be in the present mess. Democratic politics as the art of deceiving the people seem to have gone too far.

Tisaranee has pointedly given the advice to all who need it at this critical juncture. “This (deceptive} attitude will impede us from understanding the actually existing reality and making the necessary course corrections. What we need is a serious analysis of what went wrong, why the world refused to accept our own version of events, why we seem to be losing credibility, internationally. For instance we need to ask ourselves why three reputed Nobel Peace Laureates (South African Archbishop Desmond Tutu, former American President Jimmy Carter and Argentinian Adolfo Perez Esquivel) spoke against Sri Lanka just before the UNHRC vote. These are men who cannot be bought or conned. Without such introspection we cannot regain our lost international reputation”.

On May 29 AFP reported that Sri Lanka's Minister of international trade G.L. Peiris said in Washington D.C. where he had discussions with State Department officials that imposing any sanctions for alleged human rights violations “could worsen the island’s long-running ethnic conflict” He told the AFP: "It is really necessary to have sympathy for and understanding of the problems of a developing country that is grappling with terrorism. ..And to cut off resources, to threaten to withdraw trade benefits, GSP+ (General System of Preference) and so on -- all of that is unhelpful because that will only mean the dissemination of poverty, deprivation and adversity." This is a weak argument. If not only this government but the entire Sinhala polity has been concerned about poverty, deprivation and adversity a political offensive should have been launched decades ago to end the nationally damaging conflict. Now the Rajapaksa regime finds it easier to launch a military offensive than take the bold step to change the lopsided structure of the State. Countries fighting terrorism elsewhere such as the USA have repeatedly told that there is no military solution to Sri Lanka’s national problem and the government should focus on seeking a permanent political settlement.

Conclusion

Democracy must be a unifying and not divisive and disruptive process endangering the future of the country. Unfortunately, the island’s political culture has evolved without the full and real meaning of democracy, although some brag about the adult franchise exercised by the natives since 1931 when the first general election was held. Election is only one aspect of the democratic process. Even some dictators claim they have been elected by the people. Their elections are state managed and there is no real choice for the voters. The success of a political system based on real democracy depends on the ways the state institutions are set up and function as well as on the mechanisms for ensuring human rights, rule of law, good governance, accountability, independence of the judiciary and prevention of misuse of the power of the people. Devolution of power makes democracy more germane to the people in different regions and of different mores. The aspirations and concerns of the ethnic minorities are not always the same as those of the majority in the plural society. Freedom of expression is fundamental to democracy and is one crucial factor that makes it different from authoritarianism.

Democracy was subverted by the architects of the 1978 constitution because they were mainly concerned about matter relating to the ways of securing and exercising power. Indeed, democracy in Sri Lanka has virtually come to mean the process of electing candidates to the Parliament and the Executive Presidency. Even this is not perfect as it should be in a real democratic country because of not only the erosion of ‘free and fair’ election but also the special provisions that even allow candidates rejected by the voters to be appointed as members of the House. The abolition of by-election has also undermined the democratic process. The present electoral system does not link the voters and the elected representatives as there are several for each electoral district.

From the above analysis, it is clear that the national ailment cannot be cured by some cosmetic treatment. Restructuring the state to make democracy meaningful to all sections of the society is needed. Real peace cannot be achieved by continuing to dodge the much needed treatment. The people have suffered immensely by avoiding the remedy, which now is not as simple as it was at the initial stage because of utter neglect by the leaders.

[The writer is Former Additional Deputy Secretary to the Treasury, Sri Lanka and UN Advisor, Development Economics/Planning]