by C.A. Chandraprema
What comes into the mind of the ordinary person on the street when he or she hears the term ‘witness protection’ or ‘victim protection’ would be the need to ensure that victims of crime or witnesses are given the protection they need. For example, the eatery owner in Ratmalana whose establishment was subject to a spectacular drive by shooting by members of an extortion gang, is a victim of violence and needs to be protected from the gangs that were after him. Likewise there are key witnesses to various crimes who need to be protected. While giving adequate protection to victims and witnesses is necessary, laws that turn victims and witnesses into predators, who are able to use the law to hound suspects, and browbeat the law enforcement authorities and even the courts is an obvious perversion of justice.
In this respect, the provisions of the Assistance to and Protection of Victims of Crime and Witnesses Act, No. 4 of 2015 which was signed into law on March 7, 2015, requires further scrutiny. The stated objectives of this Act are to set out, uphold and enforce the rights and entitlements of victims of crime and witnesses, to provide assistance and protection to victims of crime and witnesses and to enable victims of crime to obtain compensation from persons convicted of having committed offenses against them, and to set out duties and responsibilities of the State, judicial officers and public officers towards the promotion and protection of the rights and entitlements of victims of crime and witnesses etc. All these are no doubt laudable objectives, but the manner in which these objectives are to be realized according to this Act, gives rise to many questions.
Turning victims into blood hounds
Section 3(f)(ii) of Act, No. 4 of 2015 states that victims will have the right to inquire into the progress of the investigation being conducted into the complaint presented by the victim of crime, by means of a query addressed to the police station or other authority conducting the investigation, the Attorney-General or the Registrar of the Court, as the case may be, of the dates fixed for hearing and the progress and the disposal of judicial proceedings relating to the offense complained of by the victim of crime, including the non-summary inquiry, trial, appeal and application in revision.
The victim will also have the right to inquire from the officer-in-charge of the relevant police station or other authority conducting an investigation, the Attorney-General, the Registrar of the Court or the Superintendent of Prisons, as the case may be, of the dates fixed for the release on bail, the discharge of the suspect, the institution of criminal proceedings against the accused, the conviction, sentence or acquittal of the suspect or the accused; and the date for the release from prison of the convict, and the reasons therefor. Investigating and punishing people for the commission of a crime is the responsibility of the state. But Act No. 4 of 2015 seeks to make it the business of the purported victim to personally pursue the case against the purported criminal to the very end.
It’s only with regard to a few crimes like assault or rape that the perpetrator may be known and identified upfront. In criminal matters, more often than not, an investigation is necessary before a suspect can even be identified. Yet this Act seems to assume that the alleged perpetrator will always be known upfront to the alleged victim. If it’s a case of a victim knowing upfront who exactly had committed the purported crime against him, it will be a different matter but if a victim is unaware of who committed the crime against him and has to wait until the police names a suspect following an investigation and then invokes the provisions of this Act against that suspect, horrific miscarriages of justice could occur.
In certain places, the Act states the painfully obvious. Section 3(g) for instance upholds the right of a victim of a crime to present, either orally or in writing, a complaint to any police officer, in any police station or other unit or division of the Police Department and to have such complaint impartially and comprehensively investigated by the relevant investigating authority. It’s for that very purpose that the British colonial power created the police force that we have today. The Act states that having made the complaint, victim is entitled to be represented by an Attorney-at-Law during an investigation, including criminal and forensic investigations and magisterial inquiries into the alleged offense and make necessary representations to the appropriate competent authorities who are conducting such investigations.
Next of kin of victims are also victims
The victim also can obtain certified copies of Cause of Death forms, Post Mortem Reports, Medico-Legal Reports, Reports of the Registrar of Finger Prints, Reports of the Government Analyst and any other report of an expert and reports filed in the Magistrate’s Court by the Police. In other words, the victim is authorized to breathe down the necks of the entire law enforcement apparatus including the police and the judiciary and this at a stage when the perpetrator of the crime is still obviously unknown. Mercifully, there is a provision to say that where an application is made to obtain certified copies of the reports referred to above, the Magistrate to whom such application is can refuse to issue such reports if the police are of the opinion that the issue of such Reports would prejudice the on-going investigations.
The victim is also allowed to present written communications or make representations through legal counsel to the Attorney-General, before, during and after the investigation and before and during the conduct of judicial proceedings, including the non-summary inquiry, trial and appeal. The victim is also allowed to present written communications or make representations through legal counsel to an investigator, who is conducting an investigation into the offense and to be entitled to receive a response in regard to such communications or representations made. Can any good result from a victim being able to bring pressure on the investigators, the Attorney General and even the courts right through the appeal process as well? Not only is the victim entitled to make representations to all these bodies, he is entitled to receive responses as well. This is guaranteed to slow down the legal processes even further by placing unbearable workloads on the police, the AG’s Dept. and the courts.
Furthermore, the victim is entitled to be present at all judicial or quasi-judicial proceedings relating to an offense, unless the court, or tribunal determines, for reasons to be recorded that such victim’s evidence would be materially affected if he hears other evidence at such proceedings or the due discharge of justice could be secured only by the exclusion of such victim from being present during the hearing of certain parts of such proceedings. Following the conviction of the offender and prior to the determination of the sentence, the victim is entitled to either personally or through legal counsel, to submit to court the manner in which the offense concerned had impacted on his life, including his body, state of mind, employment, profession or occupation, income, quality of life, property and any other aspects concerning his life.
If an appeal or application in revision is presented by a person convicted of having committed an offense, the victim can submit to court that adjudicates upon such appeal or application in revision, the manner in which the offense concerned had impacted on his life, including his body, state of mind, employment, profession or occupation, income, quality of life and property and any other aspects concerning his life. If a
grant of a pardon or remission of sentence is being considered with regard to that convict, the victim is entitled to receive notice thereof and submit to the person granting such pardon or remission, the manner in which the offense committed had impacted on his life including his body, state of mind, employment, profession or occupation, income, quality of life, property and any other aspects concerning his life. Whoever drafted this law has clearly been watching too many blood vendetta movies.
The manner in which which this Act defines a ‘victim’ is of pivotal importance to this discussion. According to this law, a
‘victim of crime’ can mean a person who has suffered injury, harm, impairment or disability whether physical or mental, emotional, economic or other loss, as a result of an act or omission which constitutes an offense under any law, or a person who suffers harm as a result of intervening to assist such a person. The term ‘victim’ can also be applied to any member of the family and next of kin of such person, dependents and any other person of significant importance to that person. It’s indeed a law to facilitate the pursuit of blood vendettas by other means. Needless to say that if this law is taken to its logical conclusion, what we are looking at is an avalanche of litigation and paperwork that will bury the law enforcement authorities and the courts more effectively than the eruption of Mount Vesuvius buried the city of Pompeii.
According to the Act, a victim of crime is also entitled to receive a sum of money from the government to defray the costs of breathing down the necks of the law enforcement authorities, the AG’s Dept. and the courts. Under the provisions of the Act, apart from victims, witnesses too are entitled to receive from investigating, quasi-judicial and judicial authorities fair and respectful treatment. A witness shall not be harassed or intimidated, coerced or violated as a consequence of providing information relating to the commission of an offense. Furthermore, a witness shall be entitled to protection against any real or possible harm, threat, intimidation, reprisal or retaliation. This however was always the case, even before Act No. 4 of 2015 was enacted. The intimidation of witnesses was never looked upon with approval by anybody in this country.
Institutional backing for victims
In addition to all the provisions mentioned above which enable victims to breathe down the necks of the police, the AG’s Dept and the courts, there is provision in the Act for the creation of a National Authority for the Protection of Victims of Crime and Witnesses which is to be run by a Board of Management. The duties and functions of this Authority is to receive complaints relating to and investigate into an alleged infringement or imminent infringement of any right or entitlement of a victim of crime or a witness, investigate and inquire into such alleged infringement or imminent infringement and to require any relevant authority to take such appropriate corrective measures in that regard.
The victim and witness protection Authority shall have the power to conduct investigations into an alleged or an imminent infringement of a right or entitlement of a victim or witness, and to require any person other than a judicial officer or a Commissioner of a Commission to appear before the Authority and to produce before the Authority any document, a certified copy thereof or other material in his or its possession or custody, including the reports of investigations, information book, extracts and officers visiting book extracts of the police, for examination and copying; to require any person other than a court or a Commission to provide to the Authority in writing, any information which it or he is likely to possess; interview and record the statement of any person other than that of a judicial officer or a Commissioner of any Commission; and make an application to any court or Commission and be entitled to obtain certified copies of any proceedings of any case.
The Authority is also entitled to enter into, examine and record any event, location or process taking place in any place, including an investigation, inquiry, trial or other proceeding. In other words, if the victim is unable to breathe down the necks of the police, the AG’s Dept. and the Courts, he or she can get the National Authority for the Protection of Victims of Crime and Witnesses to do the job on his behalf. Section 14(1)(f) of the Act states that the Authority may solicit, accept and receive donations, gifts, bequests and grants from sources within or outside Sri Lanka and to apply the same for the proper discharge of it’s duties and functions. Section 24(3) states that the Authority shall not solicit or obtain any assistance from any foreign government or national, foreign or international organization without the prior sanction of the Attorney-General and the Secretary to the Ministry of the Minister in charge of the subject of Foreign Affairs. But that really means nothing. All that the AG and the Minister of foreign affairs will do is to ensure that the funds come from legally acceptable sources.
Act No. 4 of 2015 is a highly suspect piece of legislation from beginning to end. Why do we need foreign aid to maintain a body meant to look after the interest of victims and witnesses? This will enable interested foreign parties to use the National Authority for the Protection of Victims of Crime and Witnesses to browbeat the police, the AG’s Dept. and even the Courts until they have their way with regard to cases they have an interest in. Any person who fails to comply with any requirement imposed by the Authority will be guilty of an offense of contempt of the Authority which shall be punishable by the Supreme Court as though it were an offense of contempt committed against the Supreme Court itself! Where the Authority determines that a person is guilty of an offense of contempt against the Authority, the Authority may transmit to the Supreme Court, a certificate setting out such determination. Any document purporting to be such a certificate shall be received in evidence, and be deemed to be such a certificate without further proof, unless the contrary is proved. In any proceeding for the punishment of any alleged offense of contempt against the Authority, no member of the Authority shall, except with his own consent be summoned or examined as a witness even by the Supreme Court!
The National Authority for the Protection of Victims of Crime and Witnesses is not the only institution that has been set up to look after the interests of victims and witnesses. Act No. 4 of 2015 further states that the Inspector General of Police shall, in consultation with and following such guidelines as shall be issued by the National Authority for the Protection of Victims of Crime and Witnesses establish and maintain a special police Division to be called the ‘Victims of Crime and Witnesses Assistance and Protection Division’ for the purpose of providing assistance and protection to victims of crime and witnesses. A Senior Superintendent of Police, who comes under the supervision of the nominee of the Inspector General of Police appointed as a member of the Board of Management of the National Authority for the Protection of Victims of Crime and Witnesses shall be placed in charge of the Division.
The duties of this special police Division shall be to provide protection to victims of crime and witnesses and to investigate by itself or with the assistance of any other police officer, into complaints, allegations or information pertaining to threats, reprisals, intimidation, retaliations or any harm, harassment, coercion or violation being committed on victims of crime and witnesses and their property. The Assistance to and Protection of Victims of Crime and Witnesses Act, No. 4 of 2015 will only serve to skew the course of justice and to give interested foreign parties a handle on selected cases being heard in Sri Lankan courts.
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A march, a tweet, some angst and mild sabre-rattling
by Malinda Seneviratne
If something deserves to be called ‘Event of the Week’ it would be the ‘Pothuvil to Poligandy (P2P) March’ which ended on Sunday, February 7. At the end of the march there were around 2,000 people. Most significantly, it was an event that saw the participation of both Tamils and Muslims. The basic differences in grievances were obviously negated by a felt need to be united against, let’s say, a perceived common enemy, the Government to some, ‘Sinhala Chauvinism’ to others.
It marked also, as D B S Jeyaraj has mentioned in his weekly column, a return of sorts to non-violent protests. Now it is not that all Tamil and Political action was violent. There have been all kinds of non-violent protests even during the conflict. However, this was a sustained, determined and even colorful affirmation of a politics that harked back to a different time. ‘The Satyagraha of 1961,’ is what Jeyaraj was reminded of. There are two interesting statements that are related to this march. First we had the government withdrawing STF security assigned to TNA MP M.A. Sumanthiran. Sumanthiran retorted, ‘if something happens to me the Government will be held responsible.’ Now the agitation of the man does seem misplaced considering that he was involved in a five-day march (ok, he may not have be ‘on the moving spot’ all five days, but still! Was he not worried about security? Also, Sumanthiran has openly supported the LTTE, indulged heavily in Eelam-speak as well as celebration of the terrorists. He would do well to reflect on the fate of others who came before who did the very same thing, especially the leader of the TULF, Appapillai Amirthalingam. Amirthalingam spouted rhetoric which was like an endless nutritional feed to extremism. The beast, in his insatiable hunger, at one point did much more than bite the hand that fed it. One hopes that things don’t snowball to a repeat of all that, but Sumanthiran, having seen what happens to hands thrust into fires ought to keep his in his pockets. Nevertheless, withdrawing security granted on a threat perception is an overreaction.The second is a hilarious tweet from the tweet-happiest diplomat in Colombo, Alaina B Teplitz: ‘#Peacefulprotests is an important right in any #democracy and significant, legitimate concerns should be heard. I saw Tamil media coverage of the march from Pottuvil to Point Pedro and wondered why it was not more widely covered by Colombo-based media?’She has a point. The English, Sinhala and Tamil media have different preferences that have little to do with newsworthiness. Perhaps it is all about the target audience; after all there’s a reason why entertainment value has framed reporting and presentation, why sensationalism has become an important driver and so on. This holds for different media houses as well; owners have agendas. Nevertheless, there is a serious problem if matters of political significance are down-played or ignored altogether, one has to question the sense of responsibility of the particular media institutions.On the other hand, we cannot ignore the ‘Season of Vexatious Persecution’ (i.e. the annual human rights circus in Geneva) which is all about whipping things up from December to February. Now it could be a coincidence that P2P was organized at this particular moment, but few will buy it considering the personalities involved and their political history. The Teplitz tweet only serves to add credence to the view that this was just another side show of the above mentioned circus. The tweet also indicates an important fact: Teplitz is running out of slogans. Before we get to that, let’s have a say on the key words — the hash tagged ‘peaceful protests,’ ‘democracy’ and ‘legitimate concerns.’ It is downright laughable for a US diplomat to talk about such things given that country’s absolute rubbishing of such things, domestically and internationally. That aside, there’s the fact that Teplitz has been pained to the point that she has to whine about media coverage. Is it that a pet project directly or indirectly sponsored, planned and executed, didn’t move as many Tamils and Muslims as was envisaged? We didn’t hear Muslim and Tamil leaders complaining about news coverage. Have they deferred that kind of task to Teplitz? If that’s the case, who is the pawn or who are the pawns here? Is it Teplitz? Are they Tamil and Muslim leaders who in their wisdom believe that the best bet to get grievances, real or imagined, sorted and aspirations, reasonable or outrageous, fulfilled is to support the US in securing strategic objectives in Sri Lanka? If such happens (not a certainty, certainly) do they believe they’ll get some crumbs off the table? And what does all this have to say about the agency of Tamil and Muslim citizens? Are they too pawns? Indeed, are all peoples of all communities pawns in games where they are sacrificed at will? Jeyaraj sees in P2P ‘a remarkable show of solidarity and unity’ between the Tamil and Muslim communities. He does exaggerate about the numbers (tens of thousands, he says) and deliberately introduces the ‘Tamil-speaking’ qualifier which Tamil nationalists have often used to rope in rhetorically ‘The Muslims’ to their various political projects. Jeyaraj remembers 1961 but has forgotten the late eighties when M H M Ashraff (in)famously stated that even if Prabhakaran abandons Eelam, he would not. He dialed down the rhetoric over the next decade, but what did Prabhakaran do to the (Tamil-speaking) Muslims, has Jeyaraj forgotten? The LTTE ethnically cleansed the Jaffna Peninsula of Muslims. The LTTE turned one in ten Muslims into refugees, slaughtering dozens, driving them off their homes, seizing properties etc. Muslim leaders cannot pretend to be unaware of that history. Muslim Affairs, if you will, featured in other ways over the week. Recently returned to Parliament, Ven Athureliye Rathana Thero presented a private member’s bill to repeal the Muslim Marriage and Divorce Act. Justice Minister Ali Sabry who prior to entering Parliament championed the notion ‘One Country, One Law,’ responded by saying ‘steps are being taken to amend the Muslim Laws and that a Cabinet Paper had already been presented in that regard.’Elaborating, Sabry said that the Cabinet Paper sought to amend the minimum marriageable age of Muslim girls to 18, to permit women to act as Kathis and also to make it necessary to get the consent of Muslim women when they get married.That’s it? That makes it ‘One Country, One Law’? Sabry must do a serious rethink on what he says and does and the meaning of the terms he uses (so loosely!).
He is correct when he says that ‘if the personal laws were to be abolished, all the personal laws such as Muslim Laws, Kandyan law and Thesawalamai Law should be abolished altogether.’ ‘Through a social discussion,’ he adds. There’s been enough social discussion, he knows this. One-country-one-law would certainly call for abolishing all customary laws. His concern seems to be limited to correcting existing laws that privilege Muslim men over Muslim women. That’s not even scratching the surface of the problem though!
Here are a question for Sabry: Are there plans to abolish polygamy (can’t have it for some and not others, no?)? Here’s another: The Special Parliamentary Committee on Extremism appointed by the previous administration presented a report in February 2020 recommending extensive measures with respect to Muslim laws as well as ‘educational’ institutions — have you read it? Are you in agreement? If so, what have you done so far? Are you planning to defer everything to the experts tasked to draft a new constitution? What are those experts doing by the way? When will we see a draft? And finally, what exactly do you understand by ‘One country, one law’? Let’s have some answers, please.
This week also saw Wimal Weerawansa making some news. He openly advocated a prominent and even principal role for Gotabaya Rajapaksa in the SLPP leadership. He was taken on by the General Secretary of the SLPP, Sagara Kariyawasam who questioned Wimal’s rights to talk of the SLPP since he’s not a member. Wimal retorted that people in the SLPP talk of other parties. Sagara wondered what Wimal’s fate would be had he and his party contested independently. Wimal pointed out that Sagara, a national list MP, hadn’t even contested.
Light banter at best. Some sections of the Opposition have salivated, naturally. They believe and talk of ‘a rift!’ in the Rajapaksa camp, friction between the brothers (Wimal’s antipathies to Basil being well known).Too early to conclude such of course, but as debating points go, both Wimal and Sagara have scored. What this ‘scoring’ says about the future of the SLPP is of course left to be seen. There’s bound to be differences of opinion in any political coalition. If everyone was on the same page there wouldn’t be a coalition in the first place. You win some, you lose some — this is something that junior or weaker partners know very well (ask Prof Tissa Vitarana of the LSSP).
The so-called ‘smaller parties’ did make a lot of noise regarding the East Container Terminal issue. It seems, as of now, that the ‘big party’ listened. Whether they’ll still have the ‘big ear’ regarding the West Container Terminal is left to be seen. On the other hand, we know the story about the dog and the tail, no offense to canines or tails.
Politicians and political parties are about power and about elections. If, for example, Champika Ranawaka and the Jathika Hela Urumaya, having broken ranks with the UPFA decided to go it alone and not join the UNP-led coalition as they did, where would Ranawaka be today, one might ask. Indeed is it not such questions that persuaded him to resign from the JHU and become a 100% SJBer, one could also ask. There are no elections in sight, but when they do come around, all parties big and small will revisit ‘coalition’ and calculate the impact of decisions (and rhetoric) on electability.
For now, though, noises can and will be made. The likes of Wimal would have to pick their battles and select decibel levels. That said, his point about the distance between president and parliament on account of political sway within the party is valid. It goes without saying that the effectiveness of a program sometimes comes down to parliamentary weight which of course can be deployed best if the executive has a degree of control. The President either doesn’t have it or cannot count on it or imagines he doesn’t need it. He could ask his brothers, both veterans in this respect. That however might mean give-and-take, if we were to believe the notion that the brothers are bound by blood but not about vision.
India, meanwhile, is not happy, going by statements issued regarding the East Container Terminal. India cannot be happy about the ‘Chinese Footprint’ whose size was considerably expanded by the previous government by virtually handing over the Hambantota Port to China. India cannot be happy about energy projects given to the Chinese. India cannot be happy about the scheduled visit by Pakistan Prime Minister Imran Khan and MoUs that are said to be signed and/or renewed.
India speaks of Sri Lanka ‘reneging’ on an MoU. However, India forgets that MoUs are not exactly agreements, signed after crossing the t’s and dotting the i’s. They are by definition non-binding and amenable to change. Circumstances can change and changing circumstances have to be taken into account.
If an agreement causes political instability it would be foolish for a government to go ahead with it. If, prior to inking an agreement, one party (India in this case) stands with a country that seems hell bent on bullying Sri Lanka (the USA in this case), then it would be silly for that party to assume that the counterpart be oblivious to such developments. If one party has in the part ‘reneged’ (as India has with respect to the Indo-Lanka Accord which from the get-go was a product of shamelessness bullying and moreover was heavily slanted in India’s favor), then that party should be careful before using the word.
And on the subject of ‘foreign affairs,’ we have Dinesh Gunawardena claiming that Sri Lanka is not afraid of the soon to be tabled resolution in Geneva. There are 47 members in the Human Rights Council (HRC). The Minister of Foreign Affairs cannot be saying ‘the majority are with us.’ The brave words could probably mean ‘we expect this, we know the consequences, we know it’s the work of nations wallowing in a cesspool of bias, we know that they’re hinting at sanctions, we know what the UN itself has found out about the impact of sanctions in other countries, especially Venezuela in recent times, we know there’s talk of taking things to the General Assembly and then the Security Council, we know who our friends are and more importantly who our enemies are, and we know what it takes to secure sovereignty to the extent possible.’ Dinesh Gunawardena might not elaborate in the above manner. After all, he is required to be ‘diplomatic’ although he is not averse to calling a spade a spade. ‘Geneva’ is just over a week from now. A resolution is likely to be tabled. It is likely that it will be passed. Most importantly, it will show us what India’s ‘neighborhood first’ foreign policy is really about.
Dayan Jayatilleka and the Opposition Reset
Hobbes and Locke:
When both the Sinhala Alt-Right and neoliberal Right start attacking you, you know you’re occupying a centrist moral high ground. Appointing Dr Dayan Jayatilleka as the Samagi Jana Balavegaya’s Senior International Relations Advisor – no Junior Advisor as of yet – portends, I think, a world of possibility, for an Opposition bruised and battered by a quarter-century of self-manslaughter. The appointment as it stands doesn’t really amount to much, unless you place it in its proper context: what we have is a key theoretician, the only theoretician who can pose a credible enough challenge to what the government is doing. I do not necessarily agree with everything he has said and written over the last few months, but I do agree that the Opposition needs a radical reset. And it’s becoming more and more clear that the man best capable of handling the surgery to see that through is Dr Jayatilleka.
The problem with the SJB is that it is acting more and more like a many-headed hydra facing a rapacious but determined behemoth. To match the behemoth, the Opposition must meet it headfirst; it must critique the state’s more questionable actions while matching its better ideals. In three areas it should seek to go beyond the UNP’s paradigm: domestic economics, foreign relations, and the constitution. It’s no coincidence that Dr Jayatilleka’s critique of the government rests on these three areas, and it’s no coincidence that it’s from those vantage points that his critics – from BOTH the Alt-Right and the neoliberal Right – continue to attack and denigrate him. The first strategy must therefore be to purge the Opposition, not in the old authoritarian sense, but in the sense of removing remnants of what Dr Jayatilleka calls Ranilism: that failed neoliberal, anti-Presidential yahapalanist policy.
The yahapalana neoliberal project failed, but not because Sri Lankans are averse to a liberal polity. It all depends on what kind of liberal policies the yahapalana government was trying to dish out. At the centre of its project was a fatal disjuncture between its populist roots and its avowed policy of “liberalising and globalising” (Mangala Samaraweera, Budget Speech 2017). People voted for a social market economy; what they got was anything but. In other words the yahapalanists failed to reconcile the timeless rift between social liberalism (with its emphasis on state interventionism) and economic liberalism (with its emphasis on the rollback of the state). High on principles, and lofty ones, it floundered. For that reason, we cannot go back to 2015. We should not try to do so.
Given this, how should the SJB craft its policies in those areas? On the domestic economic front, the SJB must abandon, totally and considerably, that earlier policy of liberalising and globalising. It must think of production, since the biggest, most persistent problem facing this country’s economy today is its absence of a proper manufacturing base. It cannot hope to achieve this with piecemeal solutions; there must be state intervention, what Dr Dayan calls “a new, New Deal, Rooseveltian-Keynesian.” I am no economist, so I can’t really detail the specifics of this new New Deal. I do know, however, what it should not be: the old UNP-yahapalanist neoliberal paradigm. The new policy must be progressive, state-led though not state-monopolised, and driven by local manufacture.
Of course, in all fairness to Dr Jayatilleka, I should point out that this may not necessarily be what he has in mind or what he advocates. That is why I disagree with him when he ponders the impracticality of import controls, since local production requires “imported inputs, while a middle-class society in an MDG country, cannot sustain itself without imported consumer goods, including essentials.” Far from being a minus point against restrictions, I believe the very fact that we import consumer goods, even for local production, necessitates a cohesive substitution strategy that, while directed by the state, should be phased out.
On the foreign policy front, relations with India must be patched up immediately, while the anti-China lobby must be discouraged. To be fair by the current regime, notwithstanding the anti-Indian comments of certain Ministers it has more or less attempted to stick to its “India First” policy, even attempting the impossible: the lease-out of the East Coast Terminal to an Indian investor in the teeth of opposition from the government’s own ranks.
I don’t think it feasible or advisable, however, for the regime to have gone to such lengths to prove its India First credentials, and to Dr Dayan’s credit he critiques it extensively as well: it will, he observes, antagonise China, forcing it to try leaving behind a bigger footprint on the country. Indian Foreign Minister Jaishankar’s interlude with Tony Blinken makes it clear that Indo-US ties will only strengthen across the board against the China Factor under the new administration in Washington. Sri Lanka simply cannot afford to ignore this, but then it must not use geopolitical imperatives to go overboard when dealing with neighbours.
A clear consensus has arisen, especially among the hardliners in the regime and nationalists within the Opposition, that the ECT deal should not have gone ahead. Dr Dayan is agreed on this point, but to what extent is the Opposition in the SJB also agreed to it? We’re getting mixed signals from Sajith Premadasa’s party. Symbolically enough the tweets and messages congratulating the government vis-à-vis the ECT deal have been, not from any government figure, but from the Opposition. The SJB has mostly tilted between reluctant acquiescence (they were with the UNP when the agreement was drafted, after all) and hysterical rhetoric (Harin Fernando’s claim that the Adanis to whom the ECT was leased will take business from Sri Lanka to a port they have developed in Mundra, a claim that was shown to be untrue by N. Sathya Moorthy in a report on the deal). This is not how it should be.
The ECT deal, however, isn’t all there is to what course Sri Lanka should take regarding its foreign policy. Another issue is Geneva, the UNHRC bomb. Dr Jayatilleka is adamantly of the belief that inasmuch as the government blundered by withdrawing from Resolution 30/1, it was the yahapalana regime’s fault for cosponsoring it in the first place.
This runs counter to elements within the UNP and even SJB that still view Resolution 30/1 as a foreign policy success; Harsha de Silva’s lengthy though well detailed speech in parliament two months ago on the question of the government’s foreign policy did the rounds in every quarter, but then ended up referring to the March 2015 Geneva session on a positive note. Not so, Dr Jayatilleka warned not too long afterwards: any reform-and-reset program in the Opposition must let go of the belief that Resolution 30/1 was a success, and recognise it for the unmitigated disaster it was.
On the constitution front, the way forward for the Opposition seems clear: it must abandon any rhetoric of getting rid of the Executive Presidency. For Dr Jayatilleka, the problem with the 20th Amendment isn’t so much the fact that it restores the Presidency as it is the degree to which it entrenches it. There is a clear difference: the objective of any practical-minded and national Opposition, he implies, must be, not to throw the baby out with the bathwater, but to retain the baby sans the bathwater. Ergo, constitutional reforms must a) not abolish or substantively reduce the powers of the EP, and b) go as far as permissible and practical vis-à-vis devolution of power, within and not beyond the 13th Amendment.
Sri Lanka’s political landscape, as it rests, is occupied by Lockean liberals and Hobbesian sovereigntists. The former are high on ideals, low on execution, while the latter are all for execution, not so much for ideals. To take a middle-ground between these two must be the aim of every self-respecting Opposition, and it seems as though Dr Jayatilleka has, despite my reservations with some of his policy recommendations, got it. We need an alternative to both neoliberal think-tanks and ultranationalist-technocratic fora. I believe the SJB has what it takes to go beyond its neoliberal roots, though I fear I’ll be proven wrong.
The solutions to Sri Lanka’s predicament must come from a left-of-centre, even Marxist, position; I believe in taking the latter course, but I also know what is practical and what is not, at least in Sri Lanka. The SJB does not stand out as a Marxist party, but then nor does the SLPP. Yet it must adroitly escape its neoliberal past, and for that, Dr Jayatilleka’s policy recommendations must be, if not unanimously, then at least considerably endorsed by the upper echelons of the party. I mean not just Sajith Premadasa, but also Harsha de Silva, Eran Wickramaratne, Buddhika Pathirana, Rajitha Senaratne, and Ajith Perera.
These ex-UNPers must realise that the old centre-right neoliberal paradigm no longer works. They must realise, in what they say and what they do, that such a paradigm must never be tried or tested out again. If getting the SJB and its officials to undergo this radical reset is all he does, I believe Dr Jayatilleka will have done his part. To reiterate yet again: there must be a purge, so that the SJB doesn’t end up as GR Lite or, worse, UNP Lite.
The writer can be reached at firstname.lastname@example.org
Black History Month
by Vijaya Chandrasoma
February was recognized as the month to celebrate the history and achievements of the African American people in America by President Gerald Ford in 1976. He called upon Americans to “seize the opportunity to honor the too-often neglected achievements of Black Americans in every area of endeavor throughout our history”.
Canada also honors Black History Month in February. Other nations, like the United Kingdom, the Netherlands and Ireland observe Black History Month in October, as a means of memorializing the trials, tribulations and achievements in the tragic history of the African Diaspora.
The precursor to Black History Month in America was the Negro History Week, established in 1926 during the second week of February by the Association for the Study of Negro Life and History, founded by Carter G. Woodson, African American historian, writer and journalist. Woodson chose the second week of February to honor Negro History Week, to celebrate the birthdays of President Abraham Lincoln on February 12 and of Frederick Douglass, reformer, abolitionist and statesman, and one of the most remarkable African Americans in history, on February 14. These dates had already been honored separately by African American communities since the 19th century.
Lincoln, of course, is honored by Black Americans for his pivotal role in the Emancipation Proclamation. Douglass, an escaped, self-educated slave, became a national leader of the Abolitionist Movement, a statesman famous for his brilliant anti-slavery writings and soaring oratory.
The choice to continue with the use of February to observe and honor Black History by Gerald Ford was based on these earlier decisions of the February birthdays of Lincoln and Douglass. Ironically, African Americans were once again given the short end of the stick by getting the shortest month of the year to celebrate their achievements.
The primary reason for Woodson to establish a week to memorialize and honor the Black American experience was to encourage the teaching of their history in American public schools. At that time, subjects like the history of slavery, evolution and the genocide of an entire race of Native Americans, were not included in the school curricula by the white-dominated, Christian American society. History, as they say, is written by the winners.
Although his efforts were initially met with lukewarm response in the nation’s public school system, Woodson was determined to press on with the need for the teaching and appreciation of black history, to ensure the intellectual survival of the race within American society.
“If a race has no history, it has no worthwhile tradition, it becomes a negligible factor in the thought of the world, and it stands in danger of being exterminated. The American Indian left no continuous record. He did not appreciate the value of tradition; and where is he today? The Hebrew keenly appreciated the value of tradition, as is attested by the Bible itself. In spite of worldwide persecution, therefore, he (the Hebrew) is a great factor in our civilization”.
The fact that the American Indian left no continuous record was certainly not due to their disregard for the value of their own traditions. Quite the contrary. Native Americans were not allowed to leave a mark on American society because they were regarded as uncivilized savages and eliminated by the European “settlers”.
The very culture of the indigenous peoples emphasized respect, tolerance and non-interference with the traditions of others. Composed of many tribes scattered throughout the country, native Americans generally lived in harmony with nature, with a strong belief that man is inherently good, and must be respected for his decisions and choices. Such a culture, with its traditions of tolerance and compassion, provided an easy prey for the marauding invaders.
The American Indian was decimated by epidemics of disease, military conquest and enslavement. The infamous principle of Manifest Destiny, the 19th century doctrine that the United States is destined – by the Christian God – to expand its dominion throughout the American continent is both justified and inevitable, marked the end of the Indian way of life. The famous invective “The only good Indian is a dead Indian”, coined by General Philip Sheridan in the 1860s, is in currency, in American speech and literature, even today. The few Native Americans who survived the battles of genocide were brutally shunted into reservations or “Americanized”.
The establishment of Negro History Week, which evolved into Black History Month, increased public awareness of the black experience in the United States. Currently courses in Black History abound in the curricula in the nation’s secondary schools and universities. They are considered to be central to the understanding of black oppression and racial profiling which are rampant in the nation to the present day.
Since 1976, every American president has endorsed a specific theme for Black History Month. President Biden’s theme for 2021 is “Black Family: Representation, Identity and Diversity”. He issued an inspiring statement to the nation on February 1. Extracts:
“We have never lived up to the founding principles of this nation that all people are created equal and have the right to be treated equally…
“We know that it is long past time to confront deep racial inequalities and the systemic racism that continues to plague our nation.
“A knee to the neck of justice opened the eyes of millions of Americans and launched a Summer of protest and stirred the nation’s conscience.
“We are also less than a month after the attack on the Capitol by a mob of insurrectionists and white supremacists that we are very much in a battle for the soul of America”.
Biden’s statement acknowledged the recent racial profiling, discrimination and violence against African Americans by Law Enforcement officers, which had reached alarming levels. A series of atrocities, culminating in the brutal murder by a white police officer, Derek Chauvin placing his knee on 46 year-old African American George Floyd’s neck for an excruciating eight minutes and 15 seconds, were viewed with horror by the world on the television screen. Floyd’s pleas for his life, crying he could not breathe and calling for his dead mother, were ignored by Chauvin. None of the officers at the scene made any effort to stop the brutality. By the time an ambulance reached the scene, Floyd was dead.
Floyd’s crime? “Passing counterfeit currency” (a $20 note) to purchase a pack of cigarettes at a convenience store. He was not armed and was cooperative with the police at the time of arrest.
George Floyd’s murder added to the tally of a long list of black Americans who have died at the hands of the police. The gruesome and highly exposed murder of Floyd ignited national and global indignation, resulting in the “Summer of protests that stirred the nation’s conscience”.
The escalation of police violence against often unarmed black men, women and children, gave impetus to the Black Lives Matter movement; it erupted in a series of violent demonstrations last Summer, both in the major cities in the United States and throughout the world.
President Donald Trump has dismissed police brutality as toxic left wing propaganda, and denounced the violence of the post-Floyd, global protests of the Black Lives Matter movement. During the past four years, he has repeatedly debased African American leaders and community. He has tried to justify police violence against the black community. In fact, he has regularly incited police violence against the Black Lives Matter movement as a legitimate weapon to preserve law and order.
Trump began his speech on the first of his Black History Month speeches in February 2017, making a historical event all about himself. He said, “Well, the election, it came out really well. Next time we’ll triple the number (of black votes) or quadruple it. We want to get it over 51, right? At least 51”. A statement which showed that he had no idea of the significance of Black History Month. At an occasion where he should have said a few words about the achievements of the African American community, he was whining at the almost total lack of support he got from the black community at the presidential election. A lack of support which only served to endorse the wisdom of the African American electorate.
New York Times satirist, Andy Borowitz, has an amusing take on Trump’s speech in 2017.
“Before his breakfast meeting to mark Black History Month, Trump told (Education Secretary) DeVos, ‘Betsy, write down what you know about black history so that I can read it at the meeting’. She took out a pen and did it in, like, three minutes. She’s fantastic.
“Impressed by the one-sentence summary that DeVos wrote about Frederick Douglass, Trump said he was now considering Douglass (who died in 1895) for a top White House post.
“Based on what Betsy said about him, we could really use Fred’s energy around here, Trump said”.
When the press reminded him that Douglass was long dead, Trump said, “That’s a nasty thing to say about someone who is doing a great job. This is why the press is failing, and it’s failing, very, very badly”.
This was satire, but, considering Trump’s moronic ignorance of the history of the nation he leads, it could well have been factual.
The achievements of the African American community are too numerous to list here. These milestones are even more remarkable because they have been accomplished in trying conditions and with limited opportunities. In the present century, African Americans have produced in Serena Williams the greatest female tennis player ever; in Tiger Woods the most dominant golfer in history, who changed the game for spectators and players alike; and in Barack Obama, the first black president who led the country from a deep recession to a booming economy with the lowest unemployment rates and continuous economic growth for 72 months. A recipient of the Nobel Peace Prize and the John F. Kennedy Profile in Courage award. A president who, with his family, has set the standards of decorum and compassion for all those who occupy the White House in the future. Just three, who admittedly have my personal admiration. I have failed to list countless others, the public figures and politicians, the sportsmen and women, the musicians and actors, the poets, writers and journalists…. The list is endless.
And there are many African Americans who are ready and able to carry on these proud traditions to the future. Amanda Gorman, poet, a worthy successor to Maya Angelou, caused a sensation at President Biden’s inauguration with a sparkling rendition of an inspiring and courageous poem. And, of course, Kamala Harris, the first black South Asian and first female vice president in the history of the United States. Just two of many others waiting in the wings.
There are many outstanding achievements of the black community to reflect on during this Black History Month. Unfortunately, the continuing and escalating racism over the past few years should take “pride of place” in our thoughts and efforts, to diminish, if not eliminate, the effects of a second, equally vicious pandemic. Unfortunately, it is most doubtful that a “vaccine” will be found to combat, any time soon, the plague of white supremacy that has bedeviled the nation for over 400 years.