Professional Documents
Culture Documents
A
talk given at ICES, 17th December 2014. Photo courtesy Al Jazeera.
The debate still rages even within my own family. My brother Indrajit
Coomaraswamy always quotes Bill Clinton to me, It is the economy
stupid. Well the Pathfinder organization with which he works has presented
a road map with economic priorities. There are some doubtful neo-liberal
recommendations but all in all, there are good recommendations and
maybe I should make a plug for my brother and their roadmap in this era of
nepotism.
However, for me at this particular juncture of our history, reforming politics,
political institutions and rule of law institutions are absolutely crucial along
with a change in our political culture. Without these reforms we are doomed
and the economy is also doomed. After all investors will only invest if they
feel politically secure.
Decay in our political institutions began long time ago. The era of the 1972
constitution began the process of politicization. The 1978 era introduced
systematic thuggery into our political fabric. Both contributed to the decline
in our rule of law institutions. But today there is no doubt in anybodys mind
that we have reached a real peak in the decay of our political and legal
institutions.
To remedy the situation we need to relook at our political and legal
institutions and take measures to reform our political culture.
CONSTITUTIONAL COMMISSION
My advice therefore to the next president is to immediately set up a
Constitutional Commission like in South Africa with someone like Professor
Christy Weeramantry as its chairperson, someone whose integrity cannot
be questioned. The election promises of the opposition if it comes to power
with regard to the executive presidency and the seventeenth amendment
along with a national unity government can be implemented immediately
but the Commission should be relied on to make the recommendations for
the rest of the Constitution. The process should be given a year or two as
this Commission should consult all groups, travel everywhere, and come up
with a consensus document where everyone in the country feels they have
ownership. What we lack in Sri Lanka is a constitution that is truly a social
contract. We have had constitutions usually imposed by political parties in
power, 1972 by SLPF and 1977 by the UNP. It is time we have something
that is not imposed either by colonial masters or our politicians. Despite all
the upheavals in India, South Africa and now in Tunisia, no group challenges
their Constitutions because they were drafted after a national democratic
process.
In this process of Constitution making we can address many of the current
issues,
Whether to abolish or modify the executive presidency. I think after what we
have experienced with the presidency for the last 20 years, all of us in this
room would want to reduce its power and allow parliament to be supreme.
But there is one area where there is concern. This is in a situation of crisis
with regard to national security- we dont want a stalemate in parliament to
deter effective action. In this regard this power should vest in the President
but there must be a requirement that he/she go to Parliament for approval
after a period of three weeks or so to ensure that this power is not used to
rule indefinitely.
Secondly, we need a strong parliament, not just a talking shop. Select
committees are used today to harass people, whether its NGOs or chief
justices. Instead what we really need is a technically competent Parliament
that has broad based consultations and hearings and gathers evidence to
create effective legislations. The technical development and the training of
parliamentarians should be a major priority
Thirdly we must have a strong and independent judiciary as well as
Commissions- the Human Rights Commission, the Public Service
Commission, the Police Commission and a Corruption Commission. Most of
all we must bring back the 17th I feel like I have a personal stake in this
17th amendment. It was the Youth Commission which I was a part of along
with Professor G.L. Pieries- that put forward the idea, first mooted by the
late Chanaka Amaratunga, of having something like a Nominations
is a lot of discussion out there about what is unitary- a red flag to the Tamil
parties, and what is federal a red flag to the Sinhalese- when all of us
lawyers know that we do not have to use any word, and that this is just the
spectrum. You can really structure an arrangement that satisfies Tamil
aspirations of autonomous self-government in their areas while meeting the
security fears of the Sinhalese. It is possible- all that stops us are fears,
prejudices and bottom line thinking. I was someone who worked closely
with Dr.Neelan Tiruchelvam, I know that it can be done; it can be structured
if we keep our minds open.
We also have to deal with the issues of end of war. We have to have a
credible truth and reconciliation process acceptable to all parties that leads
to justice and reparations. There is no going back on that and it is the only
way to meet our international obligations and to get rid of the international
spotlight.
Back to the constitution for one moment- for the women rights activists, we
are the only country in South Asia without a 30% quota for women in the
parliament or the local government- that is something that just has to be
done. The amount of women in our elected bodies is a true embarrassment
given the international experience and the fact that we have such a highly
educated woman population. In Sri Lanka we also have the personal laws of
the different communities that define womens private lives. We have been
pushing for what we would call a first step, an opt out provision. Couples on
the wedding day to be allowed to choose whether to be governed by the
personal loans or the general laws with regard to family and property law.
CHANGFING POLITICAL CULTURE
Besides the above changes to our Constitution, we have to realize that a lot
of our tragedy is not is structures but in the culture that has developed with
rapid globalization and thirty years of civil war. For example the statement
by minister S.B Dissanayake, the Minister of Higher Education on Chandrika
Kumaratunge is so outrageous that we dont have to go beyond that to say
too much about the state of our public culture.
We have to change the public culture around the rule of law. We have a
police who have got used to strong-arm tactics regardless of the
circumstances. I was the chairperson of the Human Rights Commission
when there was a ceasefire in the North and the East, when there was no
terrorism, and yet everyday people who stole bananas, or took drugs were
regularly beaten. So I started a zero tolerance on torture campaign and I
was really amused when the Sri Lankan government submissions to the
Human Rights Council in 2014, nearly ten years after I left, said that they
said that they have a zero tolerance strategy. But recently many human
rights groups have chronicled hideous kinds of torture against men and
women even after the war is over. I dont know whether this is true or not,
even if one of these cases is true, there is really horrific stuff going on. The
U.S Senate report shows that we are not the only country with this problem
but that report which is very introspective and frankly looks into the abuses,
clearly shows that torture is not only illegal or immoral but it just does not
work, it makes people make up stories and in the long term may actually be
counterproductive.
We also have to stop the culture of extra judicial killings. When I was the
chair of the Human Rights Commission, suddenly all these organized crime
individuals kept being killed. I asked the IGP of that time why this was sohe told me they were trying to escape. I asked him why they always escape
and then seem to run to the cemetery. We actually set up a judge to look
into these cases and the killing did stop. But it started up again after 2007.
It is not only Sri Lanka-. India, South East Asia and Bangladesh all have had
episodes of this, a new way of fighting organized crime- to have para
militaries brought in. But they have to be stopped for as Sri Lanka has
shown it is a slippery slope. Initially paramilitaries are used against
organized crime but if there is no tight oversight they can be ordered to
move against ordinary prisoners, dissenters, journalists, and then anyone
who criticizes the state. Once the state and individuals learn to kill with
The economic initiatives of the army must be sold to the private sector or
spun off. There must also be a strong and comprehensive demobilization
program for army personnel- perhaps spread over four years. There are
examples from all over the world where security sector personnel receive
training and education and are sent into civilian life as graduates and
entrepreneurs. The Kotelawala Defence Academy that seems to get more
and more resources and departments can be the center for this DDR
process.
There is this idea that is constantly mooted by the government that we
need a strong army to deal with LTTE threat. I agree with Sumanthiran who
recently said in Jaffna that the violent era is over, it will never gain traction
in the North and the threat is just hype by the government. What is
happening though is that elements of the Diaspora and LTTE hard liners are
now trying to force Sri Lanka to have a Scottish style referendum. So any
future LTTE attack will not be military it will be political. It is completely
counterproductive to have Israeli type tactics in the North. You have to
politically win the hearts and the minds of the people in the North so that if
there is ever a referendum, like Scotland, they will vote to stay in the Union.
Remember that a referendum is something that the international
community may support if things get really bad. I think we really have to
take stock of what is going on in the North and the East and stop treating
the Tamil population as a permanently hostile community that needs
occupation.
So finally let me say that this is a definitive election. It is not about
individuals who cross over, or political gossip. It is about systems,
structures and visions for the future of a modern Sri Lanka. In Sri Lanka of
course the Arab Spring is discredited because of Egypt and everything is of
course seen as a CIA plot. But if you look at Tunisia where the Arab Spring
actually began it has been a success. The Islamic Brotherhood, led by
mature leaders, actually gave up power to the President to guide the