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Shared Values and Democracy in Asia

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Ex-Prez Sirisena on “Shared Values and Democracy in Asia,”

Excellencies, Distinguished Participants, Ladies, and Gentlemen, Good afternoon Let me at the outset congratulate Excellency Suga Yoshihide, the Prime Minister of our cherished friend-Japan. I am extremely happy to address the Symposium on “Shared Values and Democracy in Asia,” following him, and Excellency Shree Narendra Modi, the Prime Minister of India- our great neighbour and friend.

I am reminded of the San Francisco Conference after the Second World War, where Excellency J R Jayewardene, our then Finance Minister, staunchly stood for Japan. Quoting from Dhammapada, he said, “We extend to Japan a hand of friendship, and trust… her people and ours may march together to enjoy the full dignity of human life in peace and prosperity.” Japan has achieved that wish. I consider the invitation to me echoes that friendship and trust.

Since Buddhist teachings mentor governance in Sri Lanka, I will initially touch upon how democratic and Buddhist values tally. Lord Buddha, emphasized the Sathara Sangraha Vasthu on treating the subjects. They were: dana (attached to giving-up and sharing), Priya Vachana (kind speech leading to mutual understanding), arthacharya (frugality and spirituality), and of samanatmatha (equality in dispensing justice without fear or favor). They are compatible with democratic governance principles.

Additionally, the Dasa Raja Dharma explains the virtues of the Buddhist ideal of Kingship. Democratic governance qualities are symbolized in them. For example, Dana projects to welfare, seela to morality, avihimsa to non-hatred, Shanthi to patience.

 

The Constitution of Sri Lanka ends with the following invocation:

‘Devo Vassatukalena

Sassasampatthi hetu cha

Phito bhavatu loko cha

Raja bhavatu dhammiko’

 

It meant: “May the rains be on time, may the farmers have a plentiful harvest, may the people prosper, and may the King be just.” The understanding is that as a consequence, the prosperity our governments wish is embedded in nature and the principles of good governance. This is how the Buddhist criteria bind with Sri Lankan governance

In my long political career, I successfully achieved peace, equality, freedom of expression, justice, etc., which are shared common values of democracy and Buddhism. In the first year in office of President itself, I shed the extraordinary powers of the presidency through a constitutional amendment. Appointments were made to the Superior Judiciary, membership of Human Rights, Public Service, Elections, and Police Commissions, etc., in a depoliticized and democratic manner.

Politics, when viewed from a lens of Machiavellian angle, one may comprehend that shedding unlimited power is foolish. Since a true democrat represents people he should follow his vision, not for his empowerment. I shed power knowing the potential personal loss. It was believing from the bottom of my heart the value of victorious democratic values.

During my presidency, a strong Right to Information Act was legalized. It was a victory for democratic values and human freedom.

As a father, I cannot imagine grief for a parent in a life that surpasses, seeing, hearing, the death or disappearance of a child. Respecting reconciliation, the establishment of the Office on Missing Persons and Office for Reparations was evidence for our shared democratic and humanitarian values. These echoed as positive democratic signals. Though I lost politically by deep rooting such democratic, humanitarian pillars, by fertilizing humanity I enjoyed incessant satisfaction.

In global politics, parallelly there are selfish efforts to exterminate these values. Some countries retreat from democracy to semi-authoritarianism, and even authoritarianism. Some leaders have withdrawn from humanitarian stances to the chagrin of champions of democracy. Sometimes it is despicable to observe how some democratic governments treat their minority communities, denying welfare and fundamental rights, behaving abusively, with hatred-in words and deeds. These are negative signals.

If we inquire into the root-causes for positive and negative signals, it transpires that they are symmetrically related to sharing or not-sharing democratic values. Even today these differentiations happen everywhere. Though this Symposium is Asia-centric, due to this universal spread, it transforms into an exercise of global value, validity, and appropriateness.

What is the clientele group affected by these values? One may say they belong to the politicians’ category. As President Barack Obama once stated in a democracy it is the citizen who is most important. I also believe that the citizen should be the owner and recipient of democratic values.

Therefore, citizens’ demands are the most important. What could be enjoyed by the citizen is the most important. It could be a multitude of challenges like upgrading the basic physical facilities, alleviating poverty, offering mental peace, erasing threats of wars and conflicts, enhancing humanitarianism and friendship with internationals, supporting the affected by disasters, saving the climate and environment for future generations, etc.

Most Symposium participants represent citizens. Since citizens are the most important factor, vigilance, constant monitoring, tending, etc become extremely important. In performing these, questioning, and scrutinizing the actions of citizens and their representatives become essential.

The checks and balances are provided in parliamentary institutions and Constitutions. The Public Accounts Committees, Petitions Committees, Standing Committees, etc., are our experiences. They are tools securing democratic values and independence.

As mentioned in the Constitution, the three pillars – the Executive, Legislature, and Judiciary- can perform decent democratic balancing. If one pillar steamrolls power over the other two, it will signify the death knell of democracy.

While we discuss democratic values, it is observed that other forces act to negate democratic values.

It is observed that some world powers increasingly project authoritarian influence beyond their borders by manipulation, through global propagandizing, using third-party proxies, lavishly throwing resources, or using military alliances. The battlefields of the First World are not located on their motherlands, but lands of less powerful nations. Remote controllers of war are in faraway powerful countries, away from the war fronts. Complaints are heard that some political leaders are bought-over by powerful nations. These are threats to democratic values.

Even in the developed world in firmly established democracies, we woefully observe appeals to populism, nationalism, chauvinism, and racism attracting social attention, raising their heads above democratic values, such as transparency, cooperation, rule of law, equality, etc.

Additionally, unfortunate challenges are observed emerging under the poisonous fangs and flags of organized terrorism. They carry out unsympathetic attacks. These events exhibit that democracy is open to the challenges of extremists and they are aware of how to pierce through to destabilize democracy. Therefore, the Region needs to be prepared and be on alert.

Our borders have become unrealistic with new technological development. A situation has arisen where we cannot escape cybercrimes, terrorist attacks, atomic radiation, etc. These do not care about borders.

The economic issues created especially by forcible encroachment of borders by COVID-19 has confirmed the fear of economic destabilization. This domestic and international deprivation created by it cannot be avoided in isolation. Therefore, we require the integrated cooperation of democratic countries.

Technology has effectively increased productivity, but divorced labour. In developed countries, this can result in retrenching labour or making them poor or exploited. It skews income distribution; reduces their purchasing power. It diminishes the demand for our products in their markets. It results in unemployment in our country. When it becomes acute, and no solutions are found for their problems from democracy or globalization, people degrade both and suspect them. The consequences are dangerous.

American President-elect Joe Biden once declared “Globalization has not been an unalloyed good. It has deepened the rift between those racing ahead at the top and those struggling to hang on in the middle or falling to the bottom.” With COVID 19, the status has worsened. As the new American President, we look forward to him and other developed nations for responses to us in Asia to escape from globalization impacts and the stresses of COVID-19.

If the common man does not receive positive responses, demagogues, cunning saviours, and charlatans will get opportunities to rouse people’s fear, win their vote and manipulate to divorce them from democratic values, instead of sharing democratic values.

They will attack democratic values. They will rouse emotional sentiments, deceive poverty-stricken, innocent, naïve people, and manipulate to gain political power. The powerful States, having trapped poor governments financially, may finally attempt to coerce those governments to execute anti-democratic procedures.

They will belittle freedom of expression; hack communication networks; delegitimize the independent judiciary, hamstring civil society by disparaging them as spies; use the internet and social media to disseminate misinformation and exacerbate internal divisions, etc. These deteriorate democratic values.

What we require is to develop democratic values to face future situations.

I may exemplify influences on one democratic value. The foundation of democracy lies in election systems. Having supported various political groups and elevating them to power we repent when we find them oriented to authoritarianism, and fail in solving peoples’ problems. The correct choice is the voters’ responsibility. Hence, it is important to educate the voters’ democratic social responsibility, their power, rights, obligations, and organizational processes.

Some developed countries complain of foreign interventions to electoral processes. This could be faced by any country. To counter, it is necessary to establish transparent monitoring systems on election functions and financing, money laundering processes, strengthening election-related institutions, the establishment of anti-corruption institutions, etc.

To achieve optimal results, steps should be taken to assist through democratic processes. Multilateral organizations such as the United Nations should motivate the weak parties. It is necessary to support the pulse-racing institutions in our societies such as the rule of law, protection from poverty, good governance, invasions, and pandemics, etc.

Our commitment should truly exhibit our acceptance of values such as equality, dignity, respect to the rule of law, honouring the independence of the Judiciary, balancing of separation of powers and freedoms of expression and demonstration, etc. Their outputs must reflect active democratic participation, success in democratic operations, and reduction of nasty ant- democratic violations in the society. The progress of democratic innovations and creativity are respected when everyone in the society is heard and weighed equally, citizens are empowered to hold their leaders to account through democratic institutions, no one is above the law. These processes must be our values and expectations.

Joe Biden, the American President-Elect once said that when Benjamin Franklin was exiting the Constitutional Convention, a group of citizens inquired “What kind of government the delegates had decided on?”. Benjamin Franklin had responded: “A Republic. If you can keep it.” What he meant was that there was a huge responsibility on the people to safeguard the democratic values.

Joe Biden later said: “Democracy demands diligence. Democracy demands engagement. And sometimes, democracy demands the sacrifice of its citizens.” Like for Franklin’s Republic, ‘maintaining’ a democracy is also a heavy challenge.

I believe that the participants at this symposium will commit to fulfilling the demands of diligence, engagement, and sacrifice. If we commit thus, we are certain of victory.

The nuclear disarmament and global peace champion, former Mayor of Nagasaki Ikko Itho San appealed in the Nagasaki Peace Declaration to join hands with the world’s citizens for disarmament and peace. He wished that “the bells of peace will ring loud and clear in the sky over Nagasaki.” I pray from the bottom of my heart that the ideas, recommendations, solutions, invigorating democratic values, generating from this Symposium, will one day ring loud and clear in the sky over Asia.

I wish the Symposium success.

I wish all a peaceful, happy, prosperous, and healthy New Year-2021.

Thank you very much for listening to me patiently.

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AG not bound by its recommendations, yet to receive report

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PCoI on Easter Sunday attacks:

By Shamindra Ferdinando

Attorney General Dappula de Livera, PC is not bound by recommendations made by the Presidential Commission of Inquiry (P CoI) into the 2019 Easter Sunday carnage, or presidential directives in that regard, according to authoritative sources.

They said that the AG couldn’t under any circumstances initiate legal proceedings until he had received the full PCoI report.

President Gotabaya Rajapaksa received the PCoI report on Feb 1. The President’s Office delivered a set of PCoI reports to Speaker Mahinda Yapa Abeywardena on Feb 23, a day after the report was presented to the cabinet of ministers. The Island raised the matter with relevant authorities in the wake of a section of the media reporting the PCoI recommending punitive measures against former President Maithripala Sirisena, Defence Secretary Hemasiri Fernando, IGP Pujitha Jayasundera, Chief of State Intelligence Senior DIG Nilantha Jayawardena, Chief of National Intelligence retired DIG Sisira Mendis and All Ceylon Makkal Congress (ACMC) leader and Samagi Jana Balavegaya MP Rishad Bathiudeen et al over the Easter Sunday carnage.

Sources pointed out that due to the inordinate delay in sharing the PCoI report with the AG, the department hadn’t been able to take preliminary measures required to initiate the proceedings. Sources said that a team of officers would take at least six weeks or more to examine the report before tangible measures could be taken.

With the AG scheduled to retire on May 24, 2021, even if the AG Department received the P CoI it would be quite a tough task to initiate proceedings ahead of retirement, sources said. However, in terms of the 20th Amendment to the Constitution enacted in last October, both the AG and the IGP could receive extensions beyond 60 at the President’s discretion.

 

Dappula de Livera received an Acting appointment as the AG a week after the Easter Sunday carnage whereas his predecessor Jayantha Jayasuriya, PC, was elevated to Chief Justice.

Responding to another query, sources said that the Attorney General two weeks ago requested Secretary to the President for a copy of the P CoI. However, the AG was yet to receive one, sources said. In spite of the AG not receiving a P CoI copy, the AG had instructed the IGP to obtain a copy of the report when he requested the police to complete investigations into the Easter Sunday carnage. The AG issued specific instructions after having examined police files pertaining to the investigations.

The IGP, too, hadn’t received a copy so far though some sections of the report were in the public domain.

Agriculture Minister Mahindananda Aluthgamage displayed at a live political programme on Derana a copy of the P CoI report he received at the cabinet meeting earlier in the day.

Sources said that the Attorney General’s Department couldn’t decide on a course of action in respect of the Easter carnage on the basis of a section of the report. In terms of the Commission of Inquiry Act (Section 24), the AG enjoyed significant powers/authority in respect of investigations; sources said adding that the Department urgently required both the P CoI report and police investigations report. The Attorney General’s Department has raised the delay in receiving a P CoI report amidst the Catholic Church attacking the government over the same issue.

Sources said that ministerial committee appointed to study the P CoI report couldn’t decide on how to proceed with the recommendations and the matter was entirely in the hands of the AG. Sources pointed out that the delay on the part of the government to release the report had received the attention of sections of the international media, including the New York Times. Public Security Minister retired Rear Admiral Sarath Weerasekera having met Malcolm Cardinal Ranjith at the Bishop’s House on Dec 8, 2020 said that the AG would get a copy of the P CoI report once the President received it. Minister Weerasekera said that the CID had handed over the relevant files after having completed investigations into eight blasts. Referring to the Parliamentary Select Committee (PSC) report on the Easter Sunday carnage, the former Navy Chief of Staff said that all such documents would have to be brought to one place and considered before initiating legal proceedings. Acknowledging that there could be delays, lawmaker Weerasekera said that on the instructions of the Attorney General a 12-member team of lawyers was working on the case. The minister vowed to expose the mastermind behind the Easter Sunday attacks. Investigations continued while some of those wanted were overseas, the minister said.

The minister acknowledged that the Attorney General couldn’t proceed without the P CoI report. Minister Weerasekera reiterated that once the President received the P CoI report, it would be sent to the Attorney General. The minister said that there were documents two to three feet high that needed scrutiny. The minister assured comprehensive investigation. The minister said that investigations pertaining to eight blasts had been completed and the reports handed over to the AG. However, the Attorney General had found shortcomings in those investigations.

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JVP picks holes in PCoI report

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By Saman Indrajith

The Presidential Commission of Inquiry on the Easter Sunday bombings had failed to identify the mastermind of , the JVP said yesterday.

Addressing the media at the party headquarters in Pelawatte, JVP Propaganda Secretary MP Vijitha Herath said that the PCoI report had levelled accusations against former President Maithripala Sirisena, former IGP and head of intelligence for their dereliction of duty, shirking of responsibilities and not taking action to prevent the attacks and negligence. There were reference to the causes of the terror attacks and actions to be taken to avoid such attacks and the influence of extremist organisations. “However, there is no mention of the mastermind of the attacks, the handlers of the attackers and those whose interests the carnage served. It is also not mentioned whether there has been any foreign or local organisation behind those attacks. As per the PCoI report the attack took place as a result of culmination of extremism.

“According to the PCoI the extremist activities were a result of the prevailing political situation then. The entire nation was waiting to see who was responsible and who masterminded those attacks. The PCoI has failed to identify the true culprits responsible for the terror attacks. The report says that the leader of the suicide cadres killed himself in the attacks and it was a puzzle. That means those who are actually responsible for the attacks are still at large. The report does not provide exact details of the sources of the attacks. The PCoI had sittings for one year and five months. It summoned various persons and got their statements but it has failed to shed any light on the terror attacks. Everybody knows that the top leaders of the government and heads of security and intelligence establishments failed in their duties. Ranil Wickremesinghe was the second in command and he too is bound by the responsibility but the PCoI report fails to identify him as one of the persons against whom legal action should be instituted. The PCoI has treated Wickremesinghe and former President Maithripala Sirisena differently. We are not telling that this report is a total failure but we cannot accept this as a complete report. The PCoI handed over its report to the President on Feb 1. After 23 days it was sent to Parliament. Now, a copy of the report is there in the parliamentary library for the perusal of MPs.”

Herath said that the PCoI did not have powers to take punitive action. “It only has powers to name those responsible and recommend action to be taken against those named.

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