It is incredible as to how there could even be talk of 'post conflict reconstruction' in Sri Lanka when the underlying factors for the conflict are still so predominant, fuelled as they are by increased xenophobia, overt racism and the outright negation of governance standards. It is even more incredible as to how such discussions could be generated when thousands of civilians still remain at risk in the war zone with scores dying and even the minimum of identification of their remains being disregarded in the process.
Bringing decades of
bitterness to an end
Is it honestly believed that a string of military victories in the North and the capturing of territory would bring the decades of bitterness that culminated in a separatist war, to a halt? True, the LTTE needs to be destroyed for it is, by no means a liberation movement for the Tamil minority community. Neither do we need a surprise air attack to remind ourselves of its devastating capacity to strike back just when it seems the weakest. However, if we are looking to the government to project itself beyond the decimation of the LTTE and to the securing of an environment for the minorities and the majority to live in equanimity in Sri Lanka, we search in vain.
Indeed, we search in vain for such an intention to be evidenced in regard to the more mundane issues of law and order in the South. Just recently we saw a spate of attacks on lawyers that remain to be properly investigated. The offending police officers remain at large, despite their openly threatening members of the bar engaged in their professional task of representing clients. Concrete action taken by the Bar Association remains at the level of statements and the like which have minimal value in the current scenario.
In one instance, the office of a lawyer representing a deceased torture victim, Sugath Nishantha his widow and the members of his family was burnt down and the lawyer himself was physically threatened by a police officer who was named as a respondent in a relevant fundamental rights application. No action was taken to apprehend the perpetrators. Naturally when appeals for justice at the national level fail, victims are compelled to go to the international level.
Appealing to international
bodies for redress
This week, the United Nations Human Rights Committee registered the individual communication filed by Sugath Nishantha's widow and requested the Sri Lankan government to provide her and the members of her family with protection while her case is under consideration by the Committee. The request was made in terms of Rule 92 of the Committee's Rules of Procedure in considering individual communications filed in terms of the 1st Optional Protocol to the International Covenant on Civil and Political Rights. In all likelihood, as has been the case in previous instances, this request made by the Committee will be ignored by the Sri Lankan government. But in the first instance, is not providing protection to witnesses, an essential duty of the authorities themselves? And what of the Witnesses and Victims of Crime Protection Bill that has been languishing in Parliament for many months, we may well ask?
Verbal and physical attacks on journalists meanwhile have become the order of the day with the result that the self censorship practised by the media has become far more stringent than any form of official pre censorship.
Loss of sincerity in governance
Consequently, when there is no commitment to resolving matters as fundamental as this, can we even dream of resolution of far more complicated questions such as the minority-majority paradigm? The same goes for the still pending dispute regarding the reinvigoration of the Constitutional Council. The earlier agreed nomination of former Auditor General, Mr SC Mayadunne, (a retired public servant of unimpeachable integrity), was withdrawn due to undue pressure exerted on Mr Mayadunne. Other names are being put forward but with little consensus among the smaller parties in the House.
There is no indication that this dispute will end in the foreseeable future unless and until strong pressure is brought to bear either by the Supreme Court or (which is quite unlikely) by the Speaker.
Meanwhile, we have the return of the proposed anti-conversions bill in a further development that is bound to aggravate religious tensions in the country. Suspicion and mistrust between minorities and majorities have never been greater with openly racist remarks by ministers and the military establishment being not only condoned but cheered on by a section of public opinion.
Continuation of problems
beyond the conflict
Those who opine, perhaps in all sincerity, that Sri Lanka's problems will be over once the fighting has ceased are merely indulging in illusionary thinking. The time for showing commitment to basic governance is not at that (still distant) point of time but right now. The government must immediately ensure the observance of fundamental rules of humanitarian law in armed conflict and enforce legal accountability for human rights abusers, not engage in farcical exercises through Commissions of Inquiry. It must ensure the functioning of the CC and the reconstitution of the independent constitutional commissions.
This practice of appointing retired judges who have no commitment to human rights protections must be stopped. The failure of the justice system in this respect continues to speak to a systemic problem which the State has primary responsibility to address, regardless of the unconvincing explanations offered by politicians that only rogue elements are responsible.
In the absence of these priorities, 'post conflict' reconstruction will only amount to another grand opportunity for politicians and others to swindle money and little else. |
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