Do we need a counter terrorism law that will target mainly Sri Lanka’s Sinhala extremists?

BY M M Zuhair-September 17, 2018, 8:59 pm 

"We have grown accustomed to war that we do not see it as the barbarism, the absurdity, the bestiality, the outrage to all civilized values, the savagery, the human catastrophe that it really is." Professor C G Weeramantry- Judge of the International Court of Justice.

Do we need a Counter Terrorism Law in Sri Lanka, is a question that I wish to raise. Do we in this country need a law that will eventually be used, abused and compelled to be used against Sinhala Buddhist extremist violence in this country, the perpetrators of which are extremely few in number. We are not another Myanmar, a Buddhist preacher of violence of which country was captured in Time magazine’s front page, sometime ago, as the ‘Buddhist Face of Terror’. That Myanmar’s Generals are being hounded out today by the International Criminal Court is another story. Why is that one cannot see that we do have sufficient humane laws to deal with violence, extremist violence and terrorism without recourse to the Prevention of Terrorism Law or other draconian laws? Why is that a fear psychosis being drummed on the current and future security situation of the country?

This law originates from New York not Geneva or Colombo. That is why the Minister of Foreign Affairs Tilak Marapana has initiated it, instead of the Minister of Law and Order or Defense. The Neo-Cons and the Western arms industry are believed to be behind the New York initiative. Though it originates from New York, Geneva will have an influential follow up role. That comes from our joint resolution of 2015 in the UNHCR which calls for investigations into attacks inter alia on civil societies and minorities in Sri Lanka. But there is a problem with this law and its implementation. The proposed law will have the effect of radicalizing further the extremists and make them violent extremists. Most of those oppressed will end up becoming more violent. It will not help reconciling ethnic conscience communities or resolve religious tensions, though a few individuals might get rehabilitated. It will divide societies even more with indelible divisive stickers and will not bring them together. It will eventually provoke conflicts and help the arms industry, a business more dangerous than narcotics!

That is why we need to seek answers to certain questions. Why is the international community trying to empower the rulers of Sri Lanka with a new Counter Terrorism Law- a new weapon of war that will be compelled to be used against the violent extremists whom they will easily identify within the majority community? Rulers will love additional weapons in their armoury which can be monstrously abused by arrogant rulers. One can easily see how similar laws have been abused to stifle objective discussions and democratic norms in many countries across the world.

The danger is that laws of this nature will send conflicting views that exist in all societies, underground, from where more dangerously malignant forces will emerge. Extreme laws are necessarily oppressive. They are a threat to resolving issues through dialogue. They cross swords with efforts to develop peaceful co-existence. They would result only in enforced co-existence. It can lead to undue threats to fundamental freedoms and the likely overthrow of democracy itself. We have seen how oppressive laws and the crushing of man’s free-will, had resulted in militant and at times military take overs, in many parts of the world.

Are things so bad in this country today that the government of the day acknowledges the need for tougher laws? If that be so, why not consider absolutely necessary amendments to the existing laws such as the Code of Criminal Procedure Act, the International Covenant on Civil and Political Rights (ICCPR) Act, the Penal Code, Prevention of Money Laundering and similar powerful laws that are already in the armoury. What is lacking is not the law, though often touted as the reason but the lack of will power to implement current laws. The existing laws are certainly more than adequate, now that the war is over.

The implementation of counter terror laws in our country will sharpen ethnic and religious hostility. The law will also counter legitimate campaigns against wars that have killed millions. The New York initiative is one sided. It does not deal with punishing global war mongers at all. It is a weapon to harass and humiliate those who resist wars and those championing the cause of the victims of wars and conflicts. Over the years terror laws will radicalize more and more youths. External intervention will be justified. War mongers and arms manufacturers will benefit at the cost of the marginalized and the oppressed. For years to come arms factories will roll out killer machines and chemicals.

Former President J R Jayewardene was the architect of the Prevention of Terrorism (Temporary Provisions) Act (PTA) which came into force from 24th July 1979 at a time when the LTTE was far from becoming a formidable force and miles away from becoming the world’s deadliest terrorist force. Did this law eradicate Northern terrorism? Armed with this law, President Jayewardene under the glare of publicity mandated then Army Commander ‘Bull Weeratunga to eradicate fully terrorism from the Northern Province before 31st December 1979. What happened by that date is well known. Government forces failed. The PTA was abused and the mission miserably failed. Resistence flourished. Youths in the North and the East of Sri Lanka got more and more radicalized. Radicalization is good news for the Western arms manufacturers. The 1983 ethnic riots sealed Sri Lanka’s destiny into the greedy hands of the arms industry.

Now once again, are the wheels being turned in the direction of confrontation and war? The international community which wanted and sponsored through Norway dialogue with the LTTE, now wants the State armed with oppressive laws against the majority community! Those who throughout the war, wanted the PTA repealed now want a counter terror law! When there is incomparable peace, they want a law that will be abused to oppress and silence the other. International so called experts are having consultations, discussions and seminars while an exceptionally few others talk of reconciliation. They talk of signs of the possible re-emergence of violence in the North while the truth is that thousands of widowed women there are struggling for survival. They talk of Islamic terrorists elsewhere possibly invading Sri Lanka whereas Western wars have sent millions, mainly women and children to refugee camps. The last century saw the West bombing Buddhist countries. Today they discreetly frighten everybody of the ISIS, the founder of which Aboobucker El Baghdadi met the defeated US Presidential contender John McCain before launching his Neo-con backed ISIS. If one reads John McCain’s own book ‘Faith of my Fathers’ one will know how McCain himself mercilessly bombed North Vietnam in endless rounds of air-borne killing missions.

Retired Generals mostly from the Indian sub-continent maintain close rapport with the West’s arms industry. Some claim expertise in future terror operations. I have previously written about how a US citizen operating from a room in Bombay sent out a message from his laptop to selected electronic media purporting to be from the Indian Mujahideen of an impending terror attack, which infact took place. Why did he use the name of Indian Mujahideen to send the message and how did this guy know of an impending terror attack, unless he was part of the terror outfit. Why did Indian authorities allow the American operative to escape to the US?

Let me quote at some length Judge Weeramantry from a speech he delivered at the Bandaranaike Centre for International Studies in 2003. "We are also unique in that we have for centuries been a home where four major world religions have functioned side by side in peace and friendship within a small territorial area. It is true we have our own problems, but we can overcome them through friendship, mutual understanding, togetherness, love and appreciation of each other….". "The strength of the war lobby keeps growing while the strength of the peace lobby keeps weakening and with every passing year the disparity grows." "Campaigns for waging war attracts the best brains. Campaigns for waging peace are comparatively inactive. Arms fairs where death is sold in the bulk are attended by the high and the mighty from all over the world and they are wined and dined like honoured guests while the petty criminal is hauled off the side-streets and put in jail. To add to all this it is much easier to govern a country in a state of war rather than peace, because it diverts criticism from the government, postpones the handling of important domestic issues, rallies the country behind the leader, gives him great strength, enables government decisions to be made in greater secrecy and enables a surveillance system over his subjects." So said one of Sri Lanka’s greatest judges of our time.

President Maithripala Sirisena can get inspiration from Justice Weeramantry’s speeches and books as he travels from Colombo to New York to address the UN General Assembly on 25th September. He is due to submit fresh proposals to the UN to allow Sri Lanka to amicably resolve the war crimes allegations against the country’s armed forces. The attempt is in line with Justice Weeramantry’s thoughts of overcoming internal ethnic and religious issues through ‘friendship, understanding, togetherness, love and appreciation of each other’. But my point is the repeal of the PTA will help but replacing it with Counter Terrorism Law will create havoc.

To revert to the subject, why do we need a Counter Terrorism Law in times of relative peace? Why do we require a law that is being shown as an Act that will replace the PTA but in reality will target in Sri Lanka, primarily the few Sinhala Buddhist extremists while we have adequate laws to deal with any present or future security related situation? There is no need for laws that will create confrontations and conflicts. What we need is confidence building amongst the people.

(The writer is a former Member of Parliament and can be reached at mmzuhair @yahoo.com)