Will Sri Lanka emerge itself as a totalitarian State
A Point of View: By A. Rajasingam
The threats made by Sri Lankan Defence Secretary Gotabaya Rajapakse to the foreign diplomats, journalists and to the international aid agencies of "dire consequences" has opened everyone's eyelids as to whether the suppression of fundamental rights enshrined in the Constitution has begun. Attention should be drawn to the US Naturalization Laws, which require an Oath of allegiance as a prerequisite, a person taking Oaths states “I hereby declare, on Oath, that I absolutely renounce and abjure all allegiance and fidelity to any foreign ..... or sovereignty, of whom or which I have heretofore been a subject or citizen.........”.
One of the conditions under which a US citizenship may be lost is serving as an officer in a foreign country's military service, or serving in the armed forces of a country which is engaged in hostilities against the US by virtue of Section 349 of the Immigration and Nationality Act. The fact that Gothapaya Rajapakse is a Defence Secretary in Sri Lanka with wide powers in consultation or in co-operation and co-ordination with Sarath Fonseka (also a US citizen and issuing orders to the Sri Lanka armed forces) lend sufficient support that both are acting against the interests of the US., at a time when foreign diplomats and foreign NGOs were warned and threatened by these two persons.
Moreover, Gothapaya Rajapakse singled out CNN along with the BBC, and accused them of sensationalizing the hardships confronting civilians trapped by the fighting without realizing that US is one country that cherish civil liberties for a vibrant democracy.
America is a country that defends federalism and American citizens are obliged to defend its constitution and uphold federalism. As a US citizen, he could have suggested federalism as an answer instead of waging a war on terrorism, and the US Constitution has not bound him to stand behind the Sri Lankan politicians and squeeze the voice of federalism, an act that is hostile to the policy of America. Had Gothapaya Rajapakse and Sarath Fonseka disregarded US policies, then they are deemed to have renounced his citizenship by informing the US Consul to that effect. However, it is not clear whether America has stripped of their rights and what course of action America would take against these two persons. Having examined all these factors, the question is whether Gothapaya Rajapakse and Sarath Fonseka are instrumental for the emergence of Sir Lanka into a totalitarian State.
Further, the recent conduct of President Rajapakse and his coterie has demonstrated a complete contempt for the Law, the Constitution and the Courts. Instead of resigning from Ministerial portfolio, the statement of Fowzie that he would discuss it with the President shows a complete disregard for the Supreme Court. The threats thrown to the media raises suspicion whether a military sabotage is been in process to transform Sri Lanka into a totalitarian State. Further, there is suspicion as to the failure to act on the constitutional amendment requiring the establishment of a constitutional council and other bodies to supervise the appointment of top officials and judges, as that would undermine the functioning of his own network of cronies. He not only ignored a Supreme Court decision in December to lower petrol prices, but a thinly veiled threat that the homes of the judges might be stoned as in J.R.Jayawardena's period, was presumed to be issued.
The pretext of waging a war on terrorism has lend sufficient support to the GOSL to commit of genocide of innocent Tamils and later to proceed towards totalitarianism. The conduct of President Mahinda Rajapakse ably supported by his brothers and Sarath Fonseka demonstrates that a dictatorial form of centralized government is in the process of regulating every aspect of state and private behaviour. Government's harassment of dissidents notably the journalists and the media and the murder of dissidents under mysterious circumstances lend support that GOSL leading its way towards totalitarianism. The reluctance of the APRC to pronounce that a bi-cameral system is suitable to clip the wings of powers of the President should also be viewed with caution. Having destroyed the military capabilities of the LTTE, there is a possibility of declaring "an emergency" causing the deepening of the country's economic crisis and an eruption of working people against the imposition of new burdens.
The ordering of the ICRC to leave the war torn area by Sri Lanka requires re-consideration of Sri Lanka's motives. When there is an armed conflict in a war torn area, the ICRC steps in to provide protection for the people by ensuring respect for international humanitarian law. The ICRC has a moral obligation to prevent violations being committed against the people and make their voices heard. Ordering the ICRC to leave the war torn area at a time when its services were a necessity to the people (who were caught in the midst of war), is a flagrant violation of international humanitarian law. It is also against the tenets of Buddhist philosophy. Such an order allows room to suspect that the Government does not want the international community to know whether it is committing genocide and also it is heading a for totalitarianism.
The rejection of British Special Envoy to help settle the ongoing conflict by Sri Lanka raises further suspicion that the country is heading for dictatorship rule. Sri Lanka's assertion of Brown's appointment as a unilateral move cannot be justified by any means. It is not intrusion into the internal affairs but on bringing the warring parties to the negotiating table with the sole aim of preventing more killings of innocent civilians. Britain's aim was to put an end to the continuation of the the incident of the 1983 racial riots where the Sinhalese mob went to the extent of drinking blood of an innocent hill country Tamil in the Ratnapura District is still in memory. The Sinhalese regretted that they would never repeat, but continued on various pretexts. Perhaps, Sri Lanka which was banging on a Unitary rule similar to that of Great Britain, would be in an embarrass situation if Britain asks Sri Lanka to follow their methods as how they are dealing with Scotland, Northern Ireland and Wales, allowing room for self-determination by way of Acts of Parliament.
These tragedy of errors can only be rectified by simply adopting the Canadian model which has many attracting features and will even benefit the majority Sinhalese. Sri Lanka should be aware that Article 2 (7) of the UN Charter provides that no State shall intervene into the domestic affairs of another country, is subject to the application of enforcing measures under Chapter 7 of the UN Charter which allows States to retain the right of coercive action, including the use of military force, to protect international peace and security. Intervention on behalf of “good” causes can mean to prevent the commission of genocide and to stop the war in Sri Lanka (which is also a signatory to the International Covenant on Civil and Political Rights) and this is the time the for UN to step in to prevent the mass killings of innocent Tamils.
The manner of killing the innocent Tamils resembles the facist regime of Hitler. One ponders whether Mahinda regime is influenced by the leftist-minded JVP or Mahinda do not want to lose the support of the JVP. It is common that the leftists have no regard for human rights and ideology of communism is a curse to the developing countries. The manner of fighting the terrorists is something different and Sri Lanka has to learn from France as to how they tackled the Algerian terrorists without harming the people.
Apparently, Sri Lanka also has the fear that Britain or the Western democratic countries through Britain might come to know about the movements of Islamic Terrorist Organizations on various pretexts, given the fact that when the late M.M.Ashroff became Minister of Harbour, the import of arms and ammunitions to the Muslim Camps such as “Muhajirdeen Camp” and other camps in the Eastern Province was an open secret. Moreover, the Muslim Deputy Registrar who has worked for several years was eventually arrested after issuing National Identity Cards in Sinhalese and Muslim names. The possibility of issuing such National Identity Cards to foreigners could have been used by Muslim foreigners to foreign countries, cannot be ruled out. Mention should be made that President Mahinda has condemned the Israeli actions over Palestinians where Hamas are engaged in terrorist activities, while committing genocide on innocent Tamils who crave for federal solution. What a double standard.
After the capture of LTTE territories, it is absurd to hold a free election, given the fact that not only manipulations in the voters' register can take place easily at a time when thousands of innocent people have died, but also fear of reprisals. Free and fair election and freedom of expression and opinion are inter-twined matters. A citizen should cast his vote without fear of reprisal. If there is fear of reprisal, the standards of fairness becomes questionable. Therefore an environment of peaceful atmosphere is vital to express their opinion with effective participation to criticize on matters that are in the best interests of the country.
Peaceful atmosphere means there should be no emergency rule and no threat to one's life. Briefly it is not only that one should have a right to be heard but a right what others have to express so that the policies and actions of government could be understood. Since the Government had barred independent journalists and NGOs to the war zone, it is very difficult to determine what the government was doing. As such, a citizen should have a free judgment on which there should not be any restrictions which will impair his right. This factor is lacking at the moment in Sri Lanka because the ruling politicians wanted to conceal their corrupt practices on the pretext of waging a war on terrorism. There should be transparency in every governmental action so that citizens can express their opinion which fact is accommodated within the concept of democracy.
1 Comments
Whatever people say, Prabhakaran has cleverly passed on the torch to the next generation.
When Prabhakaran started his LTTE there were only about 5,000 Tamils around the world, and today there are over 500,000.
Next phase of Eelam war is going to be from outside the island.
:-)