Charges filed against former Jaffna University student representatives

 29 December 2021

Charges have been filed against former Jaffna University Students’ Union President M. Thivakaran and Secretary S. Babilaraj in Colombo's High Court.

These charges come thirty months after the two men were arrested under the Prevention of Terrorism Act (PTA) and released on bail by a Jaffna Court. 

Thivakaran and Babilaraj were apprehended on May 3, 2021, when the Sri Lankan army conducted a large-scale search of the Jaffna University campus premises and the residence halls. The University administration had invited the army to conduct a search in order for it to be reopened following the terror attacks by alleged Islamists elsewhere in the island on Easter Sunday. 

Military raid inside Jaffna University, 2019

Hundreds of soldiers were deployed in the operation in which they found a photo of Velupillai Prabhakaran and other posters related to the Tamil genocide in the Students Union office. 

The army immediately arrested the two students who held major positions in the Union and surrendered them to Koppay police. It also handed over a petition to the police requesting that charges based on the Prevention of Terrorism Act (PTA) be pressed against the Students Union representatives. A campus hospitality worker was also arrested on the basis that a photo of Thileepan was found in the dining area. 

The arrest provoked an outcry amongst the students of Jaffna University who went on a protest demanding the release of the Union President and Secretary. It also caused dismay in the wider Tamil civil society, not least because the draconian PTA was used against college students. 

Jaffna University students protest the arrest of their union leaders, May 2019

Former Northern Province Chief Minister C V Wigneswaran argued that if charges must be brought against the students, they should be under regular laws and not the PTA. 

Following their arrest, Thivakaran and Babilaraj were produced in front of the Jaffna Magistrate at his residence. Subsequently, charges drawn from the PTA, Emergency Regulations and other laws were laid against them. 

The two student representatives were then placed under detention until the Jaffna High Court granted them bail 13 days later on May 16, 2021. 

The latest charges against Thivakaran and Babilaraj have been filed in the Colombo High Court more than thirty months after they were granted bail by the Jaffna High Court in 2019. 

Related Articles: 

17 December 2021 : Jaffna University student to be interrogated by TID for 'giving information to Human Rights Commission'

26 November 2021 : Jaffna University students mark LTTE leader Prabhakaran's birthday in secret

22 November 2021 : Court imposes ban on Maaveerar Naal commemoration in Jaffna University

 

Desmond Tutu: The Man Who Revived the Moral Universe

Photo courtesy of ABC News

BASIL FERNANDO-12/29/2021

Archbishop Desmond Tutu who passed away this week will be counted among the great human beings who contributed to the political transformation of his own country and a person who revolutionised the idea of achieving equality under the most difficult of circumstances.

His significant achievement, together with his colleagues, is linked to his ability to revive the moral universe as against the prevailing materialistic world outlook. He promoted the idea of universality among human beings irrespective of colour, creed or gender. Born and bred in one of the most repressive countries of his time, South Africa, under the brutal and dehumanising system of apartheid, he gave leadership to the struggle to end the discriminatory regime that ruled with the use of widespread violence.

However, in that struggle and after the victory against apartheid, Desmond Tutu showed the capacity for embracing the enemy forces and developing spaces for reconciliation while at the same time restoring the dignity of the much humiliated people who were his own. The breadth of his vision was shown in the many roles he played in dealing with a difficult problem that, if not for interventions by him and his colleagues, would have led to one of the worst bloodbaths in the world. He and his colleagues managed the crisis with wisdom and courage as well as compassion and forgiveness.

Desmond Tutu is not just a South African figure. He brought his vision to the global stage. A man gifted with enormous humour and oratorical skills, he brought the message of the universal values of humanity, transcending the limitations of colour, creed, gender and all other forms of distinctions. His contribution to a practical understanding of the way to struggle for equality, liberty and fraternity within the modern global context will remain an example worthy of emulation of all those who resist the deviance that besets the world at the moment. Desmond Tutu is not a mere figure of the past; he is a man for the present and for the future. Truly, he is a man for all times.

Desmond Tutu, by his own example, showed that human dignity does not belong to any particular race or colour. He could stand with any company, asserting his dignity and showing the capacity of his people to be no less than anyone else.

Among his many contributions, one of the greatest is the conceptualising and the practice of the Truth and Reconciliation Commission of South Africa. While the righteous were justly demanding vengeance against the vanquished white minority for their unimaginable cruelties, he was able to demonstrate great wisdom in dealing with the vanquished enemy. To bring the vanquished into the community and to ensure that they played a role within the nation while their expressing genuine regret for their despicable behaviour was an achievement unique to the world.

In the last years of his life, he devoted his time to pursuing the cause of equality and the furtherance of understanding among people by promoting human rights throughout the world. He was the elder statesman among the community of elders who constantly made interventions by expressing their views on world affairs.

The total impact of his life can be summed up through his intervention to restore the moral universe that is under threat everywhere. He put forth his religious vision in a way that embraced all humanity and transcended human weaknesses and limitations. As the world is today searching for solutions to problems that are perceived as insurmountable, the example given by Desmond Tutu in renewing the moral universe could be a guiding principle for everyone who pursues peace and a better future for humanity as a whole.

 Archbishop Tutu: He gave servant leadership to oppressed people 

31 December 2021 

In international journalism, he is referred to merely as Archbishop Desmond Tutu, although the mentioning of his name warrants the prefix “The Most Reverend.” At a time when some clergymen are seen to be abusing their titles and positions and leading a life that contradicts the philosophy of the creed they are attached to, Archbishop Emeritus Tutu rose above titles to leave behind a legacy that will be a gold standard for the role of the clergy.
He was different because, to use the Christian theological terminology, he was a feet-washing servant leader, a description that most suited him although he has other titles such as Nobel Peace laureate and winner of numerous international awards in recognition of his unwavering determination to end the atrocious apartheid system in South Africa.

While the legendary Nelson Mandela and other African National Congress leaders were behind bars, it was Archbishop Emeritus Tutu who stood as the standard bearer of the native South Africans’ fight against apartheid, one of human history’s worst forms of oppression. It degraded and segregated people and permitted the minority white rulers to discriminate against the majority native South Africans referred to as the blacks, merely on the basis of their skin colour.  When apartheid lasted from 1948 to 1994, the white minority rulers decided for the blacks and the browns as to who could do what, who could go where, who could do what job, who could own what and who could and could not take part in government.

With the dismantling of the apartheid system, Archbishop Emeritus Tutu’s struggle did not end. He gave exemplary leadership to South Africa’s truth and reconciliation process which focused not on retributory justice but on restorative justice.  Instead of punishment for apartheid crimes, the process promoted forgiveness and national harmony, though the atrocity with which apartheid was implemented was preserved for posterity in the form of witness stories, with the sole intention of preventing any recurrence not only in South Africa but anywhere in the world.

As the people the world over unenthusiastically welcome the New Year tomorrow amidst a raging pandemic, the anti-apartheid icon will be bidding farewell in a simple ceremony in Cape Town in keeping with his wishes. He wanted no ostentatiousness or lavish spending and even asked that the coffin be the cheapest available. 
In a message upon hearing of the death of Archbishop Emeritus Tutu, South Africa’s President Cyril Ramaphosa described him as a man of extraordinary intellect, integrity and invincibility against the forces of apartheid. “He was also tender and vulnerable in his compassion for those who had suffered oppression, injustice and violence under apartheid, and oppressed and downtrodden people around the world.”

The world needs more of Desmond Tutu, for whom religion also means speaking out against injustice in support of the vulnerable, the oppressed and the marginalized.  This was why he remained a powerful voice of the Palestinian freedom struggle. While many nations, including the countries which championed non-alignment and third world solidarity, have abandoned the Palestinian people and even give tacit support for Israeli occupation of Palestinian land, Archbishop Emeritus Tutu -- also the South Africa he built with the likes of Mandela -- had the moral courage to support the just cause of the Palestinian people. 

Today, apartheid may be a policy of the past in South Africa, but as the former US President Jimmy Carter rightly pointed out, it exists in Israel, with the US and its Western allies encouraging the horrible system by not criticizing Israel. In Israel and in the occupied territories, different rules exist – one for the Jews, one for Israeli Arabs and one for the Palestinians living under occupation. Just as during the apartheid era, it was the white minority government which decided for the native South Africans, the Israeli government decides where the Palestinians can live and where they cannot, where they can go and where they can’t, what jobs they can do and they can’t, how much water they can consume and who, where and when they can worship.

This is why Archbishop Emeritus Tutu, an outspoken critic of the Israeli practices in occupied Palestine and a supporter of the BDS (Boycott, Divestment and Sanction on Israel) movement said, “I wish I could keep quiet about the plight of the Palestinians. I can’t! The God who was there and showed that we should become free is the God described in the Scriptures as the same yesterday, today and forever.” The Palestinians have indeed lost a great moral supporter of their cause.  Archbishop Tutu saw no difference between his struggle against apartheid in South Africa and the Palestinians’ freedom struggle.  This was also the stand of Mandela who famously said that the South Africans knew too well that their freedom “is incomplete without the freedom of the Palestinians.”
“What’s being done to the Palestinians at checkpoints, for us, it’s the kind of thing we experienced in South Africa,” Archbishop Tutu told Washington Post during an interview.

After carrying out a UN-initiated probe on an Israeli massacre in a Palestinian village, Archbishop Emeritus Tutu said God of the Exodus “is notoriously biased in favour of the weak, of the oppressed, of the suffering, of the orphan, of the widow, of the alien.”
When former US President Donald Trump obnoxiously declared Jerusalem the capital of Israel in 2017, Archbishop Tutu responded: “God is weeping over President Donald Trump’s inflammatory and discriminatory recognition of Jerusalem as the capital of Israel. It is our responsibility to tell Mr. Trump that he is wrong.”

It is not only in Palestine we see apartheid. But as the Covid pandemic rages with a new fast spreading Omicron variant becoming a major concern, we also see a dangerous cancer spreading the world over as rightwing demagogues openly promote racism and practise discriminatory policies against minorities to achieve self-centred political interests. This particular apartheid was allowed to take root during the reign of Trump who encouraged rightwing white supremacy so that he could to stay in power at any cost. He did not condemn the excesses of rightwing rulers.

Wherever apartheid exists, the voice of Archbishop Emeritus Tutu should continue to be heard. The most appropriate tribute one can pay him is to carry forward his mission to bring about peace with justice and end oppression wherever it takes place in whatever form. This was the mission with which he touched the hearts of the people of all ideologies across the world.

 Another Sri Lankan war criminal banned from entering the US

The US State Department is suspected to have listed Sri Lankan General Udaya Perera as a suspected war criminal and has subjected him to a travel ban.

 27 December 2021

Perera served as the former Commander of the Security Force Headquarters in Killinochchi and as Director of Operations during the final phase of the armed conflict and afterwards. This phase saw the slaughter of tens of thousands of civilians as hospitals and civilian no-fire zones were shelled by the Sri Lankan military. The Sri Lankan army stands accused of a litany of abuses which include, torture, sexual violence, and extrajudicial killings.

The Island notes that Perera was informed of the travel ban when he and his family attempted to board a Colombo-Singapore Airline flight on 5 December. They were expected to make a journey from Singapore to Los Angeles but Singaporean Airline staff at the Bandaranaike International Airport (BIA) told him that they had received an alert from US authorities. The recent ban comes despite having been granted multiple entry visas in 2019.

Reports indicate that the decision came a week prior to the announcement of US sanctions on two Sri Lankan military personnel, Chandana Hettiarachchi and Sunil Ratnayake, for their involvement in gross human rights violations. Hettiarachchi, a Sri Lankan naval officer, was subject to a travel ban for his involvement in the “denial of the right to liberty of at least eight of the ‘Trincomalee 11’ victims”; whereas,  Ratnayake, a former sergeant, was sanctioned for  “his involvement in gross violations of human rights, namely the extrajudicial killings of at least eight Tamil villagers in December 2000”.

The sanctions further follow the travel ban placed on Sri Lanka’s notorious army commander and leader of the 58th division of the army, Shavendra Silva. The International Truth and Justice Project has compiled an extensive dossier detailing his role in mass atrocities including summary executions; the shelling of hospital and food lines; the white phosphorus against civilians; rape and sexual violence; and enforced disappearances. 

Read more here.

  One Family, One Set Of Looters

Velupillai Kananathan is a close associate of the Rajapaksas.

By Suranimala –DECEMBER 30, 2021

The current financial crisis that our small nation is facing is due to a single reason. Yes, a single reason called the Rajapaksa family willfully assisted by others who have benefited financially and otherwise during the successive terms of this family when in political power.

Starting with the Tsunami funds the Rajapaksa elder has shown that his greed has no bounds. The bigger the project the better it was as the deciding factor for large kickbacks depended on the value of the exercise. Look around at the vanity projects that have had zero returns, nay negative returns. The commissions mattered to him nothing more. The country, his people, the Sangha, Buddha’s word did not. His style was not that of the classic cases of tyrants who ruled across the globe in the past. It was a suave operation by deceiving a gullible voting public to believe that being a Sinhala Buddhist in Sri Lanka is the ultimate goal for them even if it was to live in utter poverty and want. Added to that sentiment was to show up the minorities as the stumbling block or Billas (Ghosts) that the Sinhala Buddhists must hate. All the while the politicians were happiest to collect the hefty kickbacks from minority businessmen from large projects/ contracts as they were considered Safe Bets vis a vis the Sinhalese. What has happened to Nadesan billions? Why were they safe bets? Because they were the vulnerable groups now that the majority hated them. They would dare not squeal. The people were deceived to hate them.

Are we to believe that the senior public servants are not aware of the grand larceny? Either they too benefit or are compensated in someother form. Lower down the order they are set against each other for the crumbs that fall off the high table. Others are simply frightened to rock the vessel and are content to get the benefits/promotions/children’s schooling and the pension at the end of their service.

There is never a case of robbing forever recorded in our known history. The chicken has come to roost. There is no money in much-needed foreign currency or local. The Banks are in trouble. Imports have dried up. Loans are chasing after non-existent finds. Sections of the people who are “I’m alright jacks” can continue to live it up. But for how long? Soon their larders will be attacked. For existence by the Sinhala Buddhists and even the lower end of the minorities. There is an eerie feeling that this phenomenon is not far off. The ruling family is vilified publicly in the strongest language and even using the crudest possible language. The people have nothing to eat. Nothing to look forward to in their lives. A majority that was led to believe that three meals of rice and Buddhism were the end goal is threatened with even garnering a single meal. A people fooled by these vile politicians to give vent to their inherent baser instincts did not imagine the wolf would be knocking at the door this quick. They are smart at looting. Billions the better. Not smart enough that unfettered greed has limits. No food (let alone three meals) means YOU ARE RESPONSIBLE. NOW GO. The loudest voices are from the 69 lakhs. You cannot shoot nor imprison them. Can you?

Go they must and the sooner the better. What should follow such scenario? Same game different team? God help Sri Lankan people if such were to take place. If so a perpetual revolution cannot be ruled out. A hard road lies ahead. Unfortunately, the people at large will have to pay the price over a number of years for the folly of allowing one family to pilfer at will. Religion will not bring prosperity. Buddha’s teachings whilst being followed must remain in the hearts and minds of each adherent and not on political platforms. Respect for each human being must be inculcated. Every individual must take pride in his/her work irrespective of occupation.

The financial state of the nation may have come as a shock to the Rajapaksas. Of course none within that family is intelligent or wise enough to have predicted that grabbing power at the last election was going to show them up. Being cunning is not the same as being wise. One must necessarily lay the blame squarely at Mahinda’s feet for having thrust his brother Gotabaya to run for President. Why? Mahinda knew his brother since birth and should have had ample knowledge of what his capabilities were to be President of Sri Lanka. The people have come to realise that it definitely was not Gotabaya and Mahinda who won the war. They did help but the action men were others. They were sidelined or thrown away for one family to create an illusion of being the sole warriors. That has paled. Why? They cannot run simple everyday issues of governance. No food, no gas, no imports. no medicine, no jobs, no cars and trucks and no money. But of course we have new ports, new cities, new cricket grounds, new highways, new convention centres and new tall columns. Eerie and empty.

Let us dig a bit deeper. It’s not only the peasants who were fooled. Others in noble professions contributed in bringing about the current state of the nation. Not only did they help in doing such but by ommission allowed the ruling family to filch as much as possible by veering the minds of the majority into useless and nonsensical paths. Take the journalists around. Seniors such as Iqbal Athas, Shamindra Ferdinando, C.A. Chandraprema et al. have been concerned mainly in supporting the Sinhala Buddhist thrust of the Rajapaksa family. Are we that daft to believe that they did not know of the magnitude of the pilferage that was going on? Of course they knew of the Bond Scam and the stuff that was highlighted nonstop during the Yahapalanaya stint. They blew loud and clear then, which was good. What about the Rajapaksa clean up? Nary a whimper. You too are to be blamed Sir. All of you and others who kept out of the way for reasons of enrichment, inherent racist tendencies or fear. perhaps even a mixture of each.

The recent sojourn of Mahinda to Thirupathi has drawn a lot of attention. Manifold reasons have been adduced. With wife, son and daughter-in-law accompanying him the overt reason seemingly was that of a pilgrimage. Thirupathi kovil is a Hindu shrine. Northern Tamils are mostly Hindus. Hiduism and Tamilians are a set of trouble makers in Sri Lanka or so Mahinda and his family led the Sinhala/Buddhists to believe. The King can seek the blessings of the Hindu Gods, but his voting followers must not. The hallmark of a sanctimonious humbug or belief that his voting majority are foolish peasants at best.

I digress. What is in store for Sri Lanka now? Who will lead the recovery? Will the public put their shoulders to the wheel knowing it will take years or even decades to recover? Is there a leader in sight who will inspire the confidence of the people ? Certainly it is not Ranil nor Sirisena. Both knew that the Rajapaksa family robbed this country and her people bigtime. They did naught. Ranil went through motions hoping he could move in after Sirisena to the plum post. He sat with his Attorney General and dilly dallied till people forgot about Rajapaksa robbery of their money. Sirisena simply changed his mind to run a second term despite a promise not to do so. Some say that Ranil is afraid of the Rajapaksas. Nevertheless the need for Sri Lanka is to find a leader with guts to put all politicians who have robbed us away in prison. Find the looted money and confiscate, dismantle the investments in land and businesses that some part of the loot has been laundered into. Without such action the children of these robbers will become leaders in the future and the cycle will begin. Harsh lessons must be taught and learnt.

Take the Jet aircraft that landed at Ratmalana to haul the Rajapaksa brigade to Thirupathi. It is revealed that this craft set out from Uganda but is registered in San Marino. Recall that Mahinda Rajapaksa is a keen visitor to Italy. His recent visit to Bologna to attend a meeting (where plastic chairs were set for the attendees) which even a lowly government servant may have not got approval was shrouded in mystery. San Marino is a principality known well as a tax haven (read illegal money) across the world. Now tie this up with Uganda where Mahinda’s pet is the High Commissioner. Velupillai Kananathan is on his second stint as High Commissioner. Though the aircraft records unearthed via limited exposure by the JVP does not name the owner, research unveils the owner’s name which begins with first letter as K and the last as N. Elementary Watson.

Read More

 

The crisis and Anura Kumara

Friday, 31 December 2021 

The JVP is not as corrupt as those political parties and also has not ruled the country like them. Therefore, they seem to believe that they possess the legitimate right to save the country that has been destroyed by both groups. But it goes without saying that things in the country are not as simple as they think

“We are ready to take up the leadership of the country,” declared Anura Kumara Dissanayake, leader of the Jathika Jana Balavegaya (National People’s Power – NPP) and the JVP at the Convention held on 20 December. He said so in a tone to impress the audience that it was the latest strategy that his party was going to adopt. 

In this effort, he made an attempt to paint a picture that his party, unlike the other two parties, the UNP and the SLFP, has no previous experience in the rule of the country and therefore, the JVP is different from the other two mainstream parties, and could claim for an uncorrupt heritage. There is some truth in what he says, but in fact, there are some flaws in the assertions that he has underlined. 

History of the JVP in brief

 

The JVP is now 57 years old; its origin can be traced back to 1964. Its parliamentary history is also as old as 27 years. It can be considered as a party that has attempted to seize the ruling power using various tactics, not just one. In 1971, it tried to seize power through an armed insurrection. In 1982, it contested the presidential election, not to win, but to deprive the SLFP of its place and appropriate it upon their party. Later, it assumed an underground political path under the cover of the ban imposed on the party in 1983, and launched a horrendous uprising in 1987-89 to seize power. In 1994, the JVP abandoned the violent path skilfully, and switched over to the parliamentary system following the defeat of that uprising. 

Then in September 2001, the JVP entered into a Memorandum of Understanding (MOU) with the United Front Government to form a probationary government. Again, in January 2004, it entered into an Electoral Alliance called the United People’s Freedom Alliance with the United Front. Consequently, having contested the election under the alliance, it was able to increase the number of seats it had in the parliament from 16 to 39. It was able to secure four powerful ministerial portfolios in the coalition government headed by President Chandrika. The JVP withdrew from the coalition government when the President decided to absorb a group of defectors from the UNP to the government rather than depending solely. 

Again, the JVP supported Mahinda Rajapaksa at the 2005 presidential election. At the presidential election 2010, JVP was instrumental in bringing Sarath Fonseka to the fore as the common candidate to defeat Mahinda. At the 2015 presidential election it indirectly supported the program launched to defeat Mahinda. It also secured the position of Chief Opposition Whip in Parliament, with the patronage of the Yahapalana regime, without having a legal entitlement to it. 

The JVP contested the Presidential Election 2019, not to win it, but as a means of increasing its power in parliament. But it failed to achieve the desired objective. At present, in view of the apparent confusion in the right-wing political camp in the opposition, the JVP seems to believe that it might stand a chance of securing the ruling power at the next election. 

 

The ideological milieu 

 

It seems that the JVP has devised a special line of reasoning to prepare the ideological background to achieve this goal. Accordingly, the country has been destroyed by the two corrupt political parties that had ruled the country alternately. The JVP is not as corrupt as those political parties and also has not ruled the country like them. Therefore, they seem to believe that they possess the legitimate right to save the country that has been destroyed by both groups. But it goes without saying that things in the country are not as simple as they think. 

It is not only the ruling parties that influence the ideological milieu of a society; there are other groups and forces also that influence it. It was not a ruling party, but an ideological school of thought that has socialised the belief that the kidney disease prevalent in the Rajarata region has been caused by the use of agro-fertilisers and agro-chemicals. Also, the episode of drugs alleged to have been introduced by Muslims to make Sinhala women sterile was fabricated and socialised by a similar group. Although anti-Tamil racism has now been abandoned, the JVP has played a major role in inculcating a progressive-looking anti-Tamil racist vision in the minds of the Sinhala Buddhists community. 

The principle of violent struggle and the practice adopted to launch it could be considered as an important factor that has impacted the state of current decay, bankruptcy and failure of Sri Lanka. Although theft is a serious crime, it can be said that the damage inflicted on society by the destroyers of wealth is greater than the damage caused by the thieves. Even stolen wealth enters the circulation of money in various ways. But the wealth that is destroyed once does not enter the circulation like that. The devastation wrought on Sri Lanka by violent and rebellious movements is enormous. It can be said that not only fraud and corruption, but also destruction of wealth has contributed to the current crisis in Sri Lanka.

The JVP may have achievements to be happy about in its parliamentary history; but it is important to note that it has not been able to become a model that could be emulated by the political parties in Sri Lanka. The parliament was in a state of corruption when the JVP joined parliamentary politics. Plunder of public property had become a significant and permanent feature of state administration following the establishment of the presidential system in 1978. The incumbent presidents used to adopt unlawful means to enable their team of MPs to amass wealth in order to keep them loyal and contended. 

In this process, the presidents allowed the MPs to transact business with the government. As a result, some of them have acquired valuable government land and become planters, some have become large contractors, and some others licensed businessmen. Liquor licenses were issued through MPs during the reign of president Chandrika. So, a large number of MPs have become tavern owners. Such practices can be considered as serious offenses punishable by depriving the MPs involved in them, of their positions and even civic rights. But the presidents in power prevented the law from being enforced against them. 

This situation has led to corrupt Parliament to a massive extent. Although the JVP had the potential to make a vehement protest against this ugly practice in Parliament and change the situation, for whatever reason, it refrained from talking about it. In doing so, it has deprived itself of the opportunity to gain greater recognition among the people.

 

What is the solution?

 

Although the general conduct of the JVP MPs may be relatively better than that of the MPs of other political parties, the policy they have followed in regard to duty-free vehicles is blemished. The system of giving duty-free vehicles to MPs in such a way that they could sell them and make money can be considered as an illegal and corrupt system that gives the MPs undue privileges. It can be considered as a practice contrary to the accepted democratic parliamentary traditions, and also one that has caused a huge financial burden on the country. 

Later, the practice of offering duty-free vehicles had to be extended to higher ranking officials in the public service also, because those who initiated it wanted to justify the system maintained for the Members of Parliament. In the end, it became a wasteful and corrupt system incurring an unbearable burden on the country. Now, not only the politicians, but also the government officials who fall into higher echelons or supra category of public administration use luxury cars costing over Rs. 30 million and incurring highest cost of fuel consumption. 

It can be said that the corrupt system of offering duty-free vehicles to MPs and public servants has also contributed to the state of bankruptcy of the country. JVPs claim that “we haven’t kept the money realised from the sale of duty-free vehicles with us except that we have given them to the party fund” will not rectify the error. The money that has gone to the JVP party fund is nothing but the money that should have gone to the government treasury. The JVP cannot exonerate itself of this fault on account of its toleration of such a wasteful and destructive system whilst at the same time being a party to it as well. 

The speeches made at the convention held on the 20th do not show that the JVP has a profound analysis of the crisis facing Sri Lanka and how to overcome it. Also, the pamphlet titled ‘A Quick Approach to Overcome the Crisis’ circulated on the occasion of this convention too, does not offer an objective and insightful analysis of it. What is their true analysis of the crisis facing Sri Lanka? What are the solutions they offer to solve the crisis? 

There is another major question to ask. What do they intend to do if there is a collapse of the state before the next presidential election? So far, only Champika Ranawaka and Ranil Wickremesinghe have shown some sensitivity to this question. What will happen if the state collapses with the collapse of the government, before the next election?   

 Towards A Constitution That Fosters Peoples Participation & Economic Development – III

By Basil Fernando –DECEMBER 29, 2021

Basil Fernando

Part-3: Crash of the Monetary System & Constitution making in Sri Lanka

Some people think that the crash of the monetary system is simply an economic problem. Perhaps, some may question the connection between the monetary system and the Constitution. The occurrence of a financial crisis is not only an economic problem. The basic legal framework of the country applies to both the occurrence of a financial crisis and the prevention of such a crisis. In fact, the legal issue is more powerful than an economic issue in creating or preventing a financial crisis.

The background of the current financial crisis facing Sri Lanka has been created by indiscriminate borrowings. Inability to repay the loan instalments and interest component has grown up to a dollar deficit in the state treasury today. It has become a root cause of almost all other problems in the country.

Could this situation have been avoided if certain constitutional principles had been followed? This is a very important issue affecting not only the current crisis but also one that will help eliminating the occurrence of such crises in the future.

The stream of legal concepts surrounding this crisis is based on the wide deference –contrasting like black-and-white that prevails between the two concepts: the rule of law and arbitrariness. Arbitrary rule is legally defined as the ability to make decisions arbitrarily, ignoring the rule of law. How has the arbitrariness affected Sri Lanka in procuring loans? The law will determine the steps to be followed to prevent catastrophic and prejudicial consequences of every action that takes place in the country. It could be done by establishing a very clear legal framework for obtaining loans and allowing it to take place only within that framework. In other words, the procurement of loans outside the established legal framework will be made illegal; also a methodology will be introduced within the legal tradition itself to discourage and gradually stop the procurement of loans. Also, devising strategies to ensure that the conditions imposed are strictly adhered to will constitute a function of the legal system. Thus, the law will create an orderly system for every action being pursued by the government and grant it the legal authority for functioning.

Accordingly, if the system of obtaining loans in Sri Lanka had been properly designed and regulated with appropriate checks and balances, a situation could have been created in which the controls were imposed on obtaining excessive volumes of loans and using such loans for economic progress of the country. The law will set out a specific procedure to be followed when loans are obtained. A country should have a legal framework that revolves round all natural conditions which are usually addressed in obtaining loans such as, what is the need of obtaining a loan? In what sources is it expected to be obtained? How could the loans obtained be managed in a way that it will not prove to be detrimental to the country? What is the procedure to be followed to repay the loan etc.

The following are some of the basic criticisms on borrowings today: To a large extent borrowings have been used as an alternative source of generating money for consumption which should have been generated through economic production. One commentator has remarked that Sri Lanka’s budget is not an estimation of revenue and expenditure, but an estimation of debts. The rulers had made it a habit to borrow money to meet consumption expenses of the country.

The States that obtain loans should act in a prudent manner, the way an average intelligent person does, when he or she resorts to obtain a loan. They ought to realise that obtaining a loan is basically a matter that can have dire consequences. Therefore, if there is no real strategy to prevent those dismal consequences, they tend to refrain from securing loans so as not to fall prey to those consequences. It is deeply embedded in the public consciousness that if an ordinary person obtains a loan and fails to repay it and the interest payable on it; he is likely to lose his property and even to be plunged into the street. Consequently, the difficulties faced by those who have acted without prudence are deeply ingrained in the psyche of the people. Accordingly, it remains a part of wisdom and intellect that people inherit from generation to generation. In spite of this awareness there are some who ignore it and get into trouble again and again, and eventually realise that the common wisdom is in fact based on true facts.

A country is not a private property of anyone. It is a public property system. Therefore, simply allowing the incumbent ruler to decide on the procurement of loans and placing on him the responsibility of avoiding undue consequences of borrowings could be described as an undesirable practice that might lead to adverse consequences. It is therefore important that the collective wisdom is used always in imposing limits which are generally accepted for management and control of public or collective property.

There two important elements involved in the process of obtaining a loan, the need for doing it in such a way as not to cause damage to public or collective property and finally, the desire to achieve the collective good.

The management of any process requires a specific knowledge relevant to that process. Rowing a boat in a river requires some order to be followed. Anyone who does not know the order or fails to follow it will inevitably be compelled to face the consequences of it. In this way the knowledge of the ferryman is different from that of a driver. The wisdom of the driver is different from that of an engineer. Similarly, the knowledge of debt management is based on a subtle process that is inherent in each of the disciplines of money transactions. They have become accepted traditions followed by every country. Therefore, obtaining loans is something that any country can do, but the ability to control debts is not something that any country can do as it pleases. The basic principles that exist in this regard should be followed, and the ability to adopt those principles ought to be acquired.

What we experience in Sri Lanka is a crisis created by the abandonment of limits of burrowing and obtaining loans haphazardly and in arbitrary manner regardless of consequences, particularly during the post-1978 period. Borrowing more and more to solve the crisis created by persistent borrowing has gradually escalated the crisis reaching the point where it is no longer possible to borrow any more today.

This process has to be handled under legal control. The proposed new legal framework should be based on a system which is open, accountable, and capable of monitoring those processes; and it should include adequate provisions to prevent prejudicial actions revealed by the monitoring process and restrictions imposed not allowing anyone to work outside those provisions.

This is done through the rule of law. It could only be achieved if there is an effective legal framework and law enforcement system that can help maintain the rule of law in the country. The basic structure of this order will be created by the Constitution, the supreme law of a country. All the other laws are made based on the Constitution. Thus, the disregard of laws which have been enacted in conformity with the provisions of the Constitution will necessarily amount to violating the Constitution itself. It will become a crime committed against the entire nation. The financial stability of the country could be achieved only by preventing the rulers from violating the laws of the country.

However, it was absolutely an opposite process that had prevailed in Sri Lanka since the 1960s. In other words, the Constitution has been made an invalidated document by breaking the rule of law, and in that context the rulers had gained ability to act in defiance of all relevant laws, thus being able to act at their own will and pursue an extremely destructive borrowing policy.

This has been done by undermining the Constitution, the supreme law of the land. The appointment of an Executive President above the Constitution meant the reign of arbitrariness over the law. This is not just a question of individuals, but a complete abandonment of the concept of the rule of law. Although the term ‘rule of law’ is included in the Constitution and other laws in word, the ‘obstinate person’, by subtly undermining the Constitutional Law, has been able to exacerbate his obstinacy over and above all the laws. This situation is the main source of the current financial crisis and the resulting dollar crisis facing the country.

Therefore, the people who have received an opportunity to formulate a new constitution in good faith should seriously intervene to strictly control the borrowing process by making the new constitution a meaningful document giving priority for the rule of law and subjecting the ruler, the head of state to the rule of law.

One major doubt about the borrowing process in Sri Lanka is that most of the money borrowed through many loans have been syphoned off for corruption and also to produce wealthy tycoons who have reaped the benefit of a good share of loans obtained for their personal advantage. Consequently, the entire parliamentary system and the country are in a state of degeneration. The politicians as a breed have lost their recognition and integrity. The milieu in which the politicians were considered a virtuous lot has largely disappeared from the country. The whole system is overwhelmed by an air of extreme dissatisfaction.

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