Focus on Rights

Reflective thoughts on the collective power of victims among other concerns
It arouses a measure of joy quite disproportionate to the occasion to learn that the appointment of 'Kudu Lal' as Justice of the Peace has been revoked. This is, of course, not the first time that an appointment of a JP was given to an underworld character; the example of Gonawela Sunil being prominent during a United National Party administration.

However, it is to the credit of the current Justice Minister that an inquiry has been launched as to how this unsavoury appointment came to be made. This is one irregularity that owes its rectification entirely to the media. Imagine what could be accomplished if such genuine and apolitical vigilance was duplicated a thousand fold?

I remember some years back, a visiting scholar from the States, communicating his astonishment during a discussion, at the proliferation of five star conferences and the emergence of detailed research which, (he was confident on his arrival), was a vibrant reflection of the vitality of Sri Lankan civil society.

Before long however, his disillusionment at the non-translation of this volume of research into actual practical solutions that address real concerns of victims, was complete. This was a seriously engaged scholar coming from a legal tradition where intellectualism was not measured by letters after the name or in terms of learned pontifications on all manner of things. Rather, an intellectual was measured by his or her actual (apolitical, non agenda-less) contribution to society. Lacking this contribution, the indictment was harsh.

Applying this standard to what prevails in Sri Lanka, this is not to say that the convening of city based symposia in air conditioned comfort should be stopped forthwith. Indeed, it is not so much the venue as the manner in which such symposia is conducted that attracts criticism. To how many of these conferences, one may ask, are the actual victims also invited? Is providing language translation into Sinhala and Tamil too wearisome or too costly a task at such discussions? Or are their concerns to be cursorily examined at another level, away from the glamour and the glitter of intellectual discussions and summarily disposed of, on a superficial plane?
Regrettably, these questions need to be asked, given the spectacular failure of Colombo based intellectuals to positively address this society's hugely disturbing institutional failures. Such a high level of failure makes the gap between theory and reality too stark for acceptance.

In many instances, the very problem emanates from such elitist groups and gatherings. A good example of this was when the Law Commission of Sri Lanka during its previous period, approved an Organised Crimes Bill which empowered the police with heightened powers of arrest and detention as well as the admittance of confessions to police officers above a particular rank. This was, moreover, despite the fact that abuse by police officers, of their normal powers under the ordinary law was being exhaustively documented. Though the Bill itself was stopped at the legislative door, the colossal failure of the country's supposedly frontline law reform body to appreciate these crucial dangers was startling at that time.

History would teach us that societal dysfunctions are put effectively to right only where the process is made genuinely inclusive of the victims themselves as opposed to 'manufactured victims' and 'manufactured movements." One outstanding example in this regard has been grassroots activism in regard to the prevalence of torture. Groups in the forefront of this movement do not operate from elitist offices in Colombo but rather, live and work in the villages from where the actual victims emerge. It is they who determine the growth of their movements, not individuals far away. And there is no doubt that their interventions have resulted in concrete action on the part of hitherto sluggish government bodies, including prosecutorial authorities.

Increased action on the part of the National Human Rights Commission (NHRC) in response to complaints of custodial abuse, is a case in point. It is as a direct result of such increased sensitivity that the offices of the NHRC were targeted last week in an unsuccessful arson attempt. The current functioning of the NHRC is far different to what it was some years back when, (despite the eminent personnel spearheading it at that time), NHRC personnel themselves were responsible for abuse and were safeguarded by their seniors. This shift in its approach has inevitably invoked displeasure on the part of some. It is to be hoped that apprehending those perpetrators and their supporters would be swift.

Generally, this movement on the part of victims of torture is now being emulated in the context of tsunami victims. More than one hundred and ninety six grassroots networks have commenced an alternative planning process where it is envisaged that proposals that reflect the actual concerns of the people would emerge from a Peoples Planning Commission. This is opposed to an elitist planning process in the hands of corporate figures who have an interest in master tourism development plans in the wake of the tsunami in the North and East.

Sittings of this Commission during this month document the intense anger of tsunami victims who assert that they are still not being allowed to rebuild their homes despite the government's change in the buffer zone, rampant official insensitivity to their light, prevalent corruption on the part of not only NGO's but also INGOs and government/ semi government agencies.

Yet, lavish five star conferences are conducted on the post tsunami situation at a time when thousands of them languish in leaking tents and makeshift camps. It seems appropriate for these victims to engage in peacefully organised picketing campaigns that confront delegates attending such discussions.

But where the intellectual community as well as the media has failed most significantly is in regard to protection of basic institutions of governance. The monumental failure of the 17th Amendment (including the non-appointment of an Elections Commission) is primarily due to this. So is the continued devaluing of the independence of this country's judiciary notwithstanding multifarious commissions on the Rule of Law spewing empty rhetoric that is shamefully justified by eminent legal figures.

Perhaps it is time for victims in whatever context to resort to strategies of 'public shaming', be it torture, the tsunami or the legal cum judicial system. Assuredly, this appears to be the only way that the deterioration of our systems of governance can be checked.

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