Duty
Calls
Mixed
views on conscription
By Ruwanthi Herat Gunaratne, Thiruni Kelegama
and Vidushi Seneviratne
Conscription is in the news with Economic Reforms Minister
Milinda Moragoda proposing that the government introduce conscription
irrespective of whether there is war or peace in the country.
Conscription
or the draft is a system whereby the state requires all men (and
in a few cases women) to serve a period in the armed forces. Begun
in Prussia in the 18th century, it was developed by Napoleon in
France. Thereafter, the "call-up" spread throughout continental
Europe. It never became a British tradition although there was an
obligation for some men to serve in local part-time armies called
the militia, which withered away in the early 19th century.
What of Sri
Lanka? In the 1980s, during the term of the UNP, legislation to
provide for manpower mobilization was introduced by then Youth Affairs
Minister Ranil Wickremesinghe.
The Mobilisation
and Supplementary Forces Act referred to as the "Law of Compulsory
Conscription in Sri Lanka" on the Internet, is already in place.
Act No: 40 of 1985 sets out the procedure for obligatory and voluntary
enlistment to the National Armed Reserve; the establishment of a
Reserve Affair Council; the raising and maintenance of the National
Armed Reserve, the National Cadet Corps, the National Auxiliary
Force and of such other supplementary forces as deemed necessary.
The bottom
line remains that there is already legislation for conscription
in this country.
However, the
checks and balances are also in place. According to the Act, "It
is only the President in consultation with the Minister (in charge
of manpower mobilization and training) who may appoint by name or
by office a fit and proper person to be the Competent Authority
for Manpower Mobilisation.
"No order
made by the Minister
shall come into force unless it
is approved by Parliament, and notification of such approval is
published in the Gazette."
The details
relating to who will be conscripted and at what age, whether male
or female, according to the Act, is to be set forth by the Authority
appointed by the Minister and the President.
Seventeen years
later, under another UNP government, if Minister Moragoda's proposal
becomes a reality, how will it affect the youth of Sri Lanka? To
find that out The Sunday Times spoke to a cross section of people.
"Being
a cadet myself, I feel that military training will be good in terms
of discipline. It will also make you independent and self-sufficient,
so it is a definite yes," says Tharanga (21), who is employed
as a driver.
But not everyone
shares his view. Galaboda Gnanissara Thera (Podi Hamaduruwo) of
the Gangaramaya Temple felt that such a policy would be a failure
in Sri Lanka. "With the top layers of the military being corrupt,
how can we hand over our youth to them? The people heading the armed
forces have to be disciplined members of society before such a drastic
step is taken or even considered."
Previous governments
too have discussed conscription, but it never proved successful,
he adds.
A Colombo Municipal
Council worker and father of four, L. Somapala stresses that he
would not want any of his children to be conscripted. His eldest,
a son, has just sat for his Ordinary Level exam. "But,"
he adds, "if it is applicable and compulsory for everybody
irrespective of social status, then I wouldn't mind."
Kirinde Liyanage
Don Sajith, a shop assistant in a department store, felt that this
would be a good experience and help discipline society. "As
a man, I feel that knowledge about weapons will be useful. After
training, we should be allowed to return to normal life."
A working mother
of three sons, Amitha Dissanayake was vehemently opposed to conscription.
"I love my country. But I love my children more. Though it
may seem selfish, as a mother I can't honestly say that I would
want my children to go. However, if they voluntarily want to undergo
training, I won't stop them. But I would explain the repercussions
first."
"Everyone
should have the freedom to decide on their future. I would not want
to go, because I believe that forcing one to go through military
training, against a person's wishes, is a violation of human rights.
I should have the freedom to decide," explains Asaf Markar
(21), an analyst at Price Waterhouse Coopers.
"I would
go tomorrow, if called," was the view of Lionel Gunawardane
(25), an executive at a radio station. "Since it is national
cause, I firmly believe that everyone should go through it. This
is our motherland and we owe everything we are to her. It would
also discipline and bring about equality in our society, something
we are in need of."
There were
others who felt they had already paid the debt they owed their country.
"My father, my brother and my brother-in-law were all army
officers. I wouldn't dream of asking my children to go through it,"
said a young father with much emotion.
P. R. R. Priyanthi,
a young mother employed as a security officer felt otherwise. She
believes military training would be a social leveler, while instilling
discipline in society. "Both my husband and my sister are in
the armed forces. They think differently from all of us. Their sense
of national pride is so much more than ours. That I believe is very
important."
What of women
being drafted to the military? "I wouldn't want all my children
to be sent. I'd like my daughters to stay back," says Mrs.
Fazra Abdeen, a marketing executive and mother of two.
"I will
send my daughter," says an expectant mother, adding that she
would do the same with the child she was expecting, who happened
to be a boy.
A group of
schoolboys had this to say: "It may be a violation of human
rights. But if called to enlist, we believe that we have little
say in the matter."
Another student,
S. W. Pansalawatte who has just sat the OLs thinks differently.
"By making everyone undergo military training, it will increase
the number of criminals in the country."
What is the
judgement on conscription? Difficult to say, because the reaction
was a mix.
Rights violation
or national interest?
"Conscription is a blatant violation of human rights --
such as the right to employment -- enshrined in the Sri Lankan Constitution.
It is also against international conventions. However, this can
all prove to be secondary on the grounds of national interest,"
explains a senior official of the Human Rights Commission.
He says that
a law on conscription should be passed in keeping with the principles
of natural justice. "Since the Act is already in place it provides
a solid foundation."
Conscientious
objection
Internationally, there is also the issue of conscientious objection
against conscription.
Although it
has only persuasive rather than a binding force,, the UN Commission
on Human Rights has since 1987 recognised "the right of everyone
to have conscientious objections to compulsory military service
as a legitimate exercise of the right of freedom of thought, conscience
and religion". Both the Council of Europe and the European
Parliament have also adopted similar resolutions.
Conscription
around the world
Conscription is enforced in many countries around the world.
In China, boys
on reaching 18 are drafted for two years of military service. If
not drafted immediately, they remain liable to be conscripted until
they are 22. However, it is selective in practice, so not all men
are drafted and women are less likely to be drafted.
There has been
no call-up in the US since 1973. Draft registration though suspended
in 1975 had been reintroduced in 1980 and not only American men
but also "male aliens" living in the US are expected to
register for Selective Service when they are in the 18-25 age group.
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