Bar
Association: A force for oppressed people
Continued
from last week
How do you term this? Is it trade union action? or is
it action to strengthen the Bar?
In 1989 the
killings did not stop. Only the intervention of the Bar halted the
trend. A large number of lawyers who were under threat were given
special visas to enter any country in Europe. But killing of civilians
continued unabated. Politicians were unable to prevent the carnage
as they themselves were under threat. The Bar then took a bold stand.
It collected names of voluntary organisations and lawyers in other
countries from the embassies and wrote to them explaining the killings
that were taking place and requested them to contact their friends
and groups interested in preserving human rights.
They were to
write to the President, the Minister of Defence, World Bank and
the International Monetary Fund (IMF) with a copy to the Bar Association
requesting the President of Sri Lanka to take immediate action to
stop the killings. This had an unbelievable response. Chain letters
originated from all over Europe, Australia and Japan. The letters
were piling up at the Bar Association and even the IMF delayed granting
monies to the Government of Sri Lanka.
The Government
of the day learnt a lesson. There was no orchestration or publicity.
The Government had to request the President of the Bar Association
to apprise international organisations that the killings had abated
and that the so called vigilantes had been disbanded or brought
under control. This is what the Bar did for the people of our country.
Unlike a trade
union the members of the Bar Association did not agitate for personal
gain. They agitated to strengthen the Bar. They agitated as they
wanted to walk with their heads held high as members of the most
powerful professional organisation in the country. The Bar at that
time rarely discussed the disgusting conditions of the lavatories
in the Court House but took on more important issues like human
rights and the Independence of the Judiciary. In the late seventies
I remember Mr. Mervyn Casiechetty a rationalist by conviction bringing
a resolution to legalize abortions. At that time there was a debate
on whether abortions should be legalised and whether the Penal Code
be amended to accommodate it.
When High Court
Judge Mahanama Tillakeratne was arrested it was the protest which
was carried out by a group of lawyers and not by the Bar Association
that ended in the acquittal of the Judge.
Today the Police
Officer who abducted Mr. Nimal Jayasinghe's client from the precincts
of the Court is still at large. But in 1990 when Mr. Ariyathilake
was abused by the OIC of the Police Station (he was the pet police
officer of the District Minister). He was transferred forthwith
to the Peliyagoda Police Station and later interdicted. He was indicted
and convicted, because the Bar came out very strongly. The Police
learnt to respect the Bar as a formidable organisation.
The Accountants
- may be on the advice of some barefoot lawyers - floated companies
to give legal advice and have now decided to wind up their organisations.
Originally when this matter was brought to the notice of the Bar
Council, with a lot of fanfare a committee was appointed to look
into the problem. As usual the Committee went into slumber and did
not even meet once.
Then the Bar
had to appoint a different Committee which included members outside
the Council. The Committee comprised Mr. Ged Gunaratne, Mr. K. Nelakandan,
Mr. Hemantha Warnakulasuriya, Mr. Champaka Ladduwahetty and two
members who are not in the Council, Mr. Aritha Wickramanayake and
Mr. Chanaka de Silva. Within two weeks the matter was settled and
the accountants decided to liquidate their firms.
This was indeed
a great victory for the Bar. It clearly shows that with correct
leadership the Bar can become the most powerful professional organisation
in the country and it can leave behind the GMOA and other trade
unions as the only organisation that would fight not only for the
rights of its members but also for the rights of the oppressed people
of this country.
It will be
pertinent to remember the speech made by Mr. Desmond Fernando, PC
on the occasion of the laying of the foundation stone of the new
BASL building. "Perhaps at this moment we should pause to remind
ourselves that the prestige of the legal profession has no connection
with the size or the nature of the building which houses its professional
organisation.
Whether we
worked out of a three storeyed building or in a room at Hulftsdorp
we have always been respected. That is because we have with unflinching
courage championed the rights of the people of our country.
Let us therefore
on this occasion rededicate ourselves to protecting and promoting
the rights of our people, knowing well that if we are killed in
the process no police inquiry will ever reveal who our murderers
were. We therefore take this opportunity in reassuring the people
of our country that we will never fail them''.
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