Sri Lanka Let Us Take a Principled Stand for the Future of Our Country!

8/10/2019 Sri Lanka Let Us Take a Principled Stand for the Future of Our Country!

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Sri Lanka: Let Us Take A Principled StandFor The Future Of Our Country!

| by Lionel opae

" #anuary $% &'()% Sydney% Sri Lanka *uardian+ As ,e -o.e to,ards the presidential

election on #anuary /% t,o years ahead of schedule% ,e need to carefully consider ,hat

,e are standin for0

To the credit of the 1a2apaksa rei-e% ,ith the end of the ,ar in &''3% there has been

so-e ,idespread de.elop-ent of infrastructure0 4espite these de.elop-ents there are

-any disturbin aspects0 The de.elop-ent of infrastructure has co-e at the cost ofhea.y indebtedness0 The Colo-bo City 5cleanin up6 has displaced -any lon7ti-e

residents ,ithout ade8uate co-pensation0 The ser.ice industry has ro,n% but there

are serious breakdo,ns in the pro.ision of basic ser.ices% notably health% education

and la, and order0 9t is -ost ,orryin that political% econo-ic and -ilitary po,ers are

bein steadily concentrated in the hands of the rulin 1a2apaksa fa-ily0 Loyalty to the

country and the key to po,er and influence are e8uated to the co-plete alleiance to

the rulin fa-ily0 The process of o.ernance has been increasinly -ilitarised ,ith the

4efence inistry ac8uirin de.elop-ent pro2ects and se.erely interferin ,ith ci.ilian

ad-inistration0

The presidency% the rei-e and the state ha.e beco-e a sinle unit under the

centralised personal co--and of President ahinda 1a2apaksa0 Such de.iations fro-

boureois de-ocracy ha.e ,eakened the authority and leiti-acy of the state0 The

o.ern-ent has also beco-e increasinly authoritarian0 4issent is treated ,ith

increasin intolerance ,ith the rulin fa-ily usin a carrot and stick approach to

ca2ole% co7opt and buy o.er dissentin ele-ents0 State of ;-erency reulations ha.e

no, beco-e the nor-% enablin the o.ern-ent to crackdo,n on dissent on the

prete<t of pre.entin a re.i.al of the LTT;0 The interests of the first fa-ily take

precedence o.er the enforce-ent of la, and order0 Those ,ho are loyal to the fa-ily

see- to ha.e i-punity fro- punish-ent ,hile those ,ho disaree and dissent are

punished se.erely0

The constitution of Sri Lanka rants absolute and unconditional i--unity to the

President% and is not sub2ect to 2udicial re.ie,0 This has encouraed and entrenched a

culture of onoin i-punity% ,hich directly ,orks aainst ood o.ernance and the

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rule of la,0 Perpetrators of ross hu-an rihts abuses ha.e not been held accountable

e.en ,hen the alleations ,ere credible0 The rei-e has pro.ided i--unity to so-e of

those on both sides of the ci.il ,ar% ,ho had co--itted serious hu-an rihts

.iolations0 A backdrop of deeply entrenched i-punity has e-boldened the

perpetrators by pro.idin the potential confidence of continuously en2oyin such

i-punity0 The rei-e has also -aintained a deliberate lack of transparency e.en in thecases ,here serious abuses and cri-es ha.e been looked into0

9n.estiations related to -any cri-es such as 7 the disappearance of 2ournalist

Praeeth ;knelioda in Colo-bo% disappearance of Frontline Socialist Party acti.ists

Lalith and =uhan in #affna% assassination of ;ditor Lasantha >ickre-etune in

Colo-bo% the -assacre of (? aid ,orkers of Action Contre la Fai- in uttur% -assacre

of fi.e hih school students in Trinco-alee% and assassination of arrested cri-inal

suspects -ostly in Colo-bo 7 ha.e not led to any of the perpetrators bein brouht to

2ustice0 ;lections% thouh held reularly% are -arred by .iolence% inti-idation and

flarant .iolation of election la,s -ainly by the rei-e0 Thus under-inin

opportunities for free and fair e<pression of the people6s ,ill0 @arass-ent and

inti-idation of hu-an rihts acti.ists% independent la,yers and 2ournalists persist0

Abolition of the (?th A-end-ent to the Constitution and i-ple-entation of the (/th

A-end-ent ha.e contributed to the deterioration of la, and order situation and

proliferation of election -alpractices0

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Fiure ( Praeeth "sittin at the centre+ at a discussion ,ith us before the day he ,as

-ade to disappear

The abolition of e<ecuti.e presidency and appoint-ent of independent co--issions

are bein i.en priority at this presidential election0 So-e -ay arue that these issues

ha.e nothin to do ,ith the day to day proble-s affectin the li.es of ordinary people

in Sri Lanka% such as cost of li.in% e-ploy-ent opportunities% education and security09f ,e think deeply% ,e can see that the issues of o.ernance are ine<tricably linked ,ith

the issues affectin our day to day li.es0 Let -e cite a fe, e<a-ples to e<plain ho, they

are linked to each other0

The ( free trade Bones "FT+ in Sri Lanka e-ploy about &)'%''' ,orkers0 Their

-ini-u- -onthly salary is about ?%''' Sri Lankan 1upees0 About /' percent of these

are fe-ale -irant ,orkers0 They are denied any riht to industrial action aainst their

e-ployers0 The factories in the FT Bones ha.e failed to respect basic labour rihts

leadin to 2ob insecurity% declinin ,orkin conditions and do,n,ard pressure on

,aes0

Ansell Lanka is a factory in the iyaa-a ;<port Processin one0 9n (33% ,hen

thousands of Ansell ,orkers de-onstrated aainst the suppression of their union

rihts% one ,orker ,as killed in police shootins0 The rate< ar-ent ,orkers6 strike in

&'(( is another raphic e<a-ple0 About (%?'' rate< ,orkers stopped ,ork to de-and

a salary increase and opposed the suppression of their riht to oranise0 The co-pany

responded by sackin $/ ,orkers0

Ansell Lanka refused to accept the trade union of their e-ployees as representin the ,orkers in the factory0 These ,orkers ,ent on strike aain in October &'($0 The

co-pany ,ithout any consultations ,ith the ,orkers or their trade union used stron7

ar-ed tactics to inti-idate union leaders% and arbitrarily decided to raise production

tarets and cut incenti.e pay-ents0 As a result% ,orkers6 -onthly producti.ity

incenti.es ,ere reduced by around )%''' rupees0 The strikin ,orkers continued their

industrial actions by settin up a ca-p at the bus stop outside the factory0



Fi

ure & Ansell Lanka ,orkers picket "Courtesy: >S>S ,ebsite+

anae-ent used contract ,orkers to break the strike and obtained a court order to

re-o.e ,orkers ca-ped in front of the plant after -akin false co-plaints to police

that the strikers attacked the contractors0 The co-pany later ter-inated nearly $''

,orkers% ,ho ,ere on strike for nearly t,o -onths o.er increased production line

tarets in a ,itch7hunt aainst the trade union0 The 1a2apaksa rei-e that is said to be

protectin the ,orkers interests in reality has been defendin the co-pany6s interests0

9n February &'(&% -ore than )%''' fisher-en includin ,o-en and childrenprotested in Chila, aainst diesel and kerosene price increases as part of an 9F

i-posed austerity packae0 About ()%''' people ,ere in a standoff ,ith the police and

ar-y on the beach0 The police i-posed a curfe, aainst the peaceful protestors and

tear assed the-0 Special Task Force "STF+ officers fired at the- ,ith li.e bullets

,ithout any ,arnin% killin one fisher-an and ,oundin se.eral others0 The shootin

,as a calculated attack% ordered by President 1a2apaksa6s rei-e0 The o.ern-ent ,as

orderin these attacks ,hile preparin to sin a ne, aree-ent ,ith the 9F to obtain

the final instal-ent of a pre.iously areed 9F loan totallin DUS/'' -illion0 The

rei-e had pro-ised fisher-en to allo, fishin any,here in the sea after the ,ar% butlater prohibited the- fro- fishin e.en in nearby areas such as =alpitiya0 The reion

rich in biodi.ersity% ,as instead ear-arked for buildin hotels and ad.enture7touris-0

9n Auust &'($% the Sri Lankan Ar-y used force to disperse )%''' .illaers in

1athupas,ala% ,ho de-anded clean drinkin ,ater0 The .illaers attributed the

conta-ination of round ,ater supply to the effluent du-ped fro- a lo.e factory0

Three people ,ho ,ere enaed in a peaceful de-onstration aainst the factory ,ere

killed and about )' others ,ere seriously in2ured as a result of the calculated




inter.ention of the ar-y0 The ar-y had launched coordinated attacks fro- three -ain

points usin assault rifles0 efore the ar-y turned its uns on the public% a senior

-ilitary official co--andin the troops deli.ered a stern -essae to the -edia cre,s

co.erin the protest to lea.e0 #ournalists ,ho refused to lea.e% had to flee later to sa.e

their li.es0 They ,ere clearly sinled out as e.idenced by the fact that the soldiers took

ai- at the-0 The ar-y confiscated their -icrochips and ca-eras ,ere s-ashed0 Asusual% the rei-e6s spokespersons alleed forein in.ol.e-ent and political party

sponsorship for the .iolence% and ascribed responsibility for the .iolence to the -edia0

Fi

ure $ Fisher-en protestin in Chila,

4espite international outcries and local outrae% the 1a2apaksa rei-e used

Parlia-ent and i-peached the Chief #ustice 4r0 Shirani andaranayake0 President

1a2apaksa re-o.ed her fro- office in #anuary &'($0 This case hihlihted the rei-e6s

interference ,ith the independence of the 2udiciary% and underlined the need to restore

the independence of the ;lections Co--ission% the Eational @u-an 1ihts

Co--ission and the Police Co--ission0 4r0 andaranayake ,as not pro.ided ,ith an

opportunity to present her case or defend herself ,ithout bein sub2ect to

inti-idation0 9ndi.iduals and oraniBations close to the rei-e enaed in a .irulent

ca-pain aainst those ,ho opposed the i-peach-ent and e.en labeled the- traitors%

and branded their opposition as part of an international conspiracy0 9n the after-ath

of the i-peach-ent se.eral pro-inent la,yers ,ho ,ere in the forefront defendin




the Chief #ustice ,ere sub2ected to death threats by a so7called 5Patriotic Force that

Liberated the Country60

9n ay &'(% the Police i-posed a ban on -edia co.erae of a defa-ation case filed by

the Secretary to the inistry of 4efence *otabhaya 1a2apaksa0 The -edia ,as not

allo,ed to co.er the cross e<a-ination of r0 1a2apaksa and ,as ,arned not to fil-

his arri.al or departure0 @ih rankin police officers threatened -edia personal ,ith years of detention0 r0 1a2apaksa ,as i.in e.idence in a case filed by hi- aainst the

Sunday Leader ne,spaper reardin a series of articles published in &''/ allein

hue corruption in.ol.ed in buyin 9* fihter 2ets for the Sri Lankan Air Force0

annin -edia fro- co.erin the proceedins of such a .ital case of public interest is a

clear .iolation of our riht to infor-ation0

9n #une &'(% the inistry of 4efence inter.ened in a ,orkshop oranised by

Transparency 9nternational to train and encourae 2ournalists to ,rite in.estiati.e

reports on the reco--endations -ade by the Lessons Learnt and 1econciliation

Co--ittee "LL1C+ to ensure ood o.ernance0 The ,orkshop could not be conducted

due to the inti-idation e<erted on .enue -anae-ent by the inistry of 4efence0

>hen ,e speak of factory ,orkers% fisher folk or 2ournalists% let us not foret that ,e

are in fact talkin about our fello, brothers and sisters ,ho like us are tryin to earn a

li.in0 They are only doin their 2ob% and as you do% they also find it difficult to sur.i.e

due to cost of li.in pressures and perfor- professionally0 The price they pay is% bein

daily sub2ect to inti-idation and death threats0 As you can see% these day to day issues

are ine<tricably linked to the broader issues of the e<ecuti.e presidency% and its direct

role in the island6s lack of de-ocracy% rule of la, and ood o.ernance0

Fiure STF before the shootin at the protest

The proble-s of the non7Sinhala co--unities such as Ta-ils% Up Country Ta-ils and




usli-s in Sri Lanka are also si-ilar0 They too consider issues such as cost of li.in%

education and e-ploy-ent opportunities as i-portant and suffer fro- -ilitary

inti-idation and interference that they face in their day to day li.es0

The ,ar ended in &''3% but real peace re-ains elusi.e0 The rei-e needs to be

credited ,ith settlin -ost of the displaced% e<cept for a fe, thousands that are still

bein held in detention% and child co-batants ha.e also been rehabilitated0 ut on theflipside -ilitary ad-inistration continues in the north and east% e.en si< years after the

-ilitary defeat of the LTT;0 The -ilitary continue to occupy .ast strips of producti.e

land0

4espite the resettle-ent and rehabilitation efforts% -any of the displaced people of the

Eorth and the ;ast are still ho-eless% trau-atiBed and une-ployed0 Eo serious effort

has been -ade to de.elop a -eaninful and lastin political solution to the Eational

uestion0 Thousands of LTT; suspects still lanuish in prison ,ithout trial0

Further-ore% syste-atic se<ual torture% rape% and traffickin for se< sla.ery of ,o-en

in north and east still persists0 9n fact% due to the hea.y -ilitarisation% an increase in

se<ual assaults and other abuses of ,o-en has been reported0 There are hundreds of

court cases filed by lando,ners ,ho lost their land due to the policy of -ilitary

ac8uisition of land adopted by the rei-e0 The -ilitary6s encroach-ent on ci.ilian life

and acti.ities such as education% ariculture% and touris- continues0

1eco--endations of the final report of the Co--ission of 9n8uiry on Lessons Learnt

and 1econciliation "LL1C+ of Eo.e-ber &'(( ha.e been inored0 The Sri Lankan

rei-e has a.oided in.estiatin alleations of ,ar cri-es aainst -ilitary personnel

and o.ern-ent ser.ants0 >hile these -ay still re-ain as issues specific to the Eorth

and the ;ast% such issues ha.e no, beco-e to do-inate the entire island0

4o you not think the situation in the country ,here ,e ,ere born and bred re8uiresconcerted action to brin back the rule of la,% de-ocracy and ood o.ernanceG 4o ,e

,ant to li.e freely as hu-an beins or to be run like the inhabitants of an ani-al far-

under the increasinly autocratic rule of the 1a2apaksa rei-eG >e ha.e a choice to

-ake0 The current 1a2apaksa rei-e ,ill ne.er allo, people in Sri Lanka to li.e as

decent hu-an beins and en2oy their freedo-s and rihts0 Under the e<ecuti.e

presidency% the e<pediential increase in the use of la, enforce-ent aencies and the

2udiciary to do the rei-e6s dirty political ,ork% harass-ent% inti-idation% .iolence%

kidnappin% disappearance and e<tra72udicial killin of political opponents% 2ournalists

and hu-an rihts acti.ists appear to be in the enes of this rei-e0The rei-e has patronised reliious e<tre-e roups ,ho ha.e contributed to

destroyin the har-onious .alues of co7e<istence of peoples of different socio7cultural

backrounds0 9t has established a culture of fraud and corruption% and nepotis- and

crony capitalis- to le.els that had ne.er been seen before0 The political oons of the

rei-e ha.e beco-e e<tra.aantly rich% ,hile the li.in standards of the ordinary

people ha.e ro,n ,orse day by day due to the pressures of the hih cost of li.in0



Fi

ure ) Foundin ;ditor of the Sunday Leader Lasantha >ickre-atune ,as brutally

killed on #anuary /% &''30 At the e-orial Hiil oranised by SAA*9 "Force for

Unity+ in #anuary &'( "Courtesy: Passion Parade blospot+

All this need to chane0 On / #anuary &'()% ,e need to re-o.e fro- po,er this

oppressi.e rei-e throuh the ballot% creatin a de-ocratic space for e.ery indi.idual

and e.ery co--unity to li.e freely% fairly and as hu-an beins and not in fear and

subser.ience to the rei-e0 ;ach and e.ery .ote needs to be utilised for this sacred

purpose0

9 stronly belie.e that the e<ecuti.e presidency needs to be abolished as it ,illother,ise underpin the future possibility of a sustained% autocratic and authoritarian

rei-e0 That is ,hy 9 re8uest that all of us support the co--on opposition candidate

and ensure his .ictory despite our political differences0 The prora- and policy

positions proposed by the co--on opposition candidate are -ore inclined to,ards

ood o.ernance0 9t is in this liht% 9 use this opportunity to appeal and ure all

indi.iduals% oranisations% association and co--unities ,ho .alue de-ocratic rihts%

freedo-s% and consensual approach to constitutional refor-s% ,ho re2ect nepotis-%

fa-ily rule% fraud and corruption% ,ho abhor autocratic rule% ,ho belie.e in the urent

need to re.erse the culture of i-punity% ,ho cherish e8uality before the la,% ,hotreasure e8uity of opportunity% ,ho appreciate participatory de-ocracy% ,ho respect

the identity of the otherI and all those ,ho ,ant a thousand flo,ers to bloo- in the

e8uani-ity of ood o.ernance 7 to co-e for,ard and support the co--on opposition

candidate to assure his .ictory at this election0 This is the last chance for peaceful

chane0 9f the current rei-e returns to po,er% so-e roups -ay not see the ballot as a

useful tool for chanin rei-es0

>hate.er the outco-e of the presidential election on / #anuary &'()% the strule for




ood o.ernance in Sri Lanka ,ill continue0 The results of a *eneral ;lection that

could be held before ay &'() ,ill also i-pact upon the effecti.eness and po,er of the

presidency0 4espite the reser.ations 9 ha.e about the policy positions adopted by the

co--on opposition candidate% 9 still belie.e that by assurin his .ictory% at least so-e

s-all de-ocratic ains can be reaped so that the ci.il society can e<ploit in its -arch

to,ards buildin a fairer% -ore 2ust society0 There ,ill be reater space for ,idespreaddiscourse% a,areness raisin% and ad.ocacy ca-pains0

Eaturally% there is an inherent risk that the opposition% once elected -ay not stand by

their plede0 @o,e.er% if ,e are able to keep the -o-entu- for chane% throuh

-aintainin the current dyna-ics of the peoples6 desire for chane% the opposition ,ill

ha.e no option but to i-ple-ent ,hat they ha.e pleded0 Of course% ,e cannot e<pect

solutions to all the socio7econo-ic and political ,oes of Sri Lanka fro- the rei-e ,e

ne,ly elect0 9 belie.e there ,ill be better opportunities to do that if there is a chane of

o.ern-ent in the island0 >e need to be realists and ,ork patiently0 9% therefore%

encourae all indi.iduals and roups ,ho aspire for de-ocracy and ood o.ernance

in Sri Lanka to ,ork to,ards electin a ne, rei-e to put an end to the steadily

contractin de-ocratic nor-s0 9 encourae all concerned to -ake use of this s-all

,indo, of opportunity creati.ely% i-ainati.ely and non7.iolently0

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Sri Lanka Let Us Take a Principled Stand for the Future of Our Country!

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