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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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