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Defusing the forces of intolerance and racism

by Lynn Ockersz

While the outrageous attack on the Sinhala-Tamil Cultural Festival at New Town Hall on Wednesday by the forces of cultural intolerance and ethnic chauvinism needs to be outrightly condemned by the peace-loving public and those who are supportive of national reconciliation, it should be also viewed as a measure of the distance which remains to be travelled by Sri Lanka on the road to democratic accommodation, mutual acceptance of each other by the country's communities and ethnic equality.

Pro-peace demo by school boys

Although it is beyond dispute that we are at a crucial juncture in the peace process, with the LTTE coming out with what seems to be a comprehensive and well-thought out response to the Government's Interim Administration proposals, the pointed poser to be raised is whether the Lankan State has laid the groundwork, by way of conscientizing the public, for the stable entrenchment of the negotiation process.

This will, of course, involve mutual accommodation of each other's legitimate needs among the key players to the peace effort. Needless to say, such a process couldn't be expected to stabilize itself and bear the necessary fruit if the wider society remains emotionally and intellectually unprepared to accept the fact that a resolution of the conflict necessitates the accommodation of each other's legitimate aspirations and needs on the part of the country's main communities.

True, except for the purveyors of ethnic intolerance, hatred and war-mongerism, the wider public is likely to be deeply appreciative of the fact that "peace" is prevailing in the country, but what needs to be realised by the latter is that a "price" remains to be paid for the establishment of a durable and just peace. What we are having now is only a cessation of hostilities or a fairly long breather from war and not a peace which could perpetuate itself.

The latter would require, among other things, the constitutional entrenchment of multiculturalism, democratic plurality, regional autonomy and equality in the fullest sense of the term.

That a cultural festival which had as its main aim the cementing of cultural understanding among the country's main ethnic groups could be ghoulishly attacked by the forces of ethnic intolerance and cultural subjugation, is a pointer to the fact that precious little progress has been made by the State and other opinion-moulding groups in the task of raising public awareness on the need for multiculturalism and equality among our communities.

Of course, there are groups in our body politic which will always be vehemently opposed to the establishment of democratic accommodation among communities and multiculturalism which essentially involves the establishment of equality of condition and opportunity among all citizens of the land, irrespective of ethnic origins, caste, creed and religion. It is such groups which campaign on the plank of "Lanka for the majority community only", which were behind the recent violent assault on the Sinhala-Tamil Cultural Festival.

Such groups would remain and continue on their destructive course, but it is up to the State and all those supportive of the peace process to alienate such groups from the wider public.

While violent, coercive methods towards these ends would prove counterproductive and are morally inadmissible, every effort must be made by principally the State and those progressive forces which are supportive of peace to enlighten the public on the need for a political solution which would involve - most importantly - the constitutional entrenchment and implementation of equality provisions. It is difficult to envisage a resolution of our conflict without the fulfilment of the latter condition.

A public whose awareness on these issues has not been raised could prove to be cannon fodder in the hands of anti-peace hardliners. If efforts are not made in this direction, these anti-peace elements couldn't be prevented from winning converts to their cause, which could result in the perpetration of greater bloodshed and destruction. Thus, Wednesday's attack serves as an eye-opener.

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Law enforcement officers and the law: 

the McCann episode

by Prof.S.Ratnajeevan H.Hoole

On Saturday morning, during the Deepawali weekend in Trincomalee, I was parked outside festival stall area that was packed with people, as my nephew ran in to get me the newspapers. A constable suddenly asked me to move out and I obliged thinking that perhaps I was in a no parking zone. As I moved out he directed a police jeep to my parking spot and I was left on the road without a parking spot. I objected saying it was unfair and the constable apologetically told me it was for the Trinco OIC.

Clearly the idea that the police too are ordinary citizens subject to the rule of law, an idea that is repeated to members of the armed forces by NGOs at their special seminars has not reached the ears of the Trinco Police.

Later on that evening we went to Fort Frederick to look at Ravana Cleft. We had to park outside and walk up the steep road, our tiredness relieved by the magnificent scenery and the Pilgrims Rest humorously marked in an aberrant transliteration as The Temple Madam, recalling the very earthy uses to which temples were put in the past. We were ordered to remove our shoes and caps even if not visiting the temple. Reaching the top a little tired, it was annoying to find a jeep with army number plates driving up to release from its packed interior two huge officers in uniform and their wives and children, all in shoes and headgear.

These episodes dangerously augur ill, reminding us of recent times when the armed services were beyond the law and the norms that applied to the rest of us. In the absence of war many of us would be inclined to shrug this off as excessive punctiliousness. But we would do well to remember that the law is upheld only by fine distinctions. Freedom is bought by giving others freedom, even law-breakers. Concomitantly, law enforcement must not take on legal privileges that are not others to take.

A case in point is the McCann et al. v. The United Kingdom episode as recorded in the annals of the European Court of Human Rights (UCHR). It gives the duty that devolves upon the state to protect even the rights and liberties of known terrorists. It is such punctilious observation that makes Europe a pleasant place to live in. Prior to March 1988 the UK, Spanish and Gibraltar authorities knew that the IRA was planning a terrorist operation in Gibraltar. On 4 March an active service unit of the IRA with previous bombing offences was sighted in Spain. Intelligence identified the unit and assessed that they would use a car bomb detonated by a remote control device.

The unit was considered dangerous, almost certainly armed and likely to use their arms or detonate the bomb when confronted. It was decided to follow and arrest them after they had brought the car into Gibraltar so that it would provide evidence at a subsequent trial.

On 6 March Sean Savage of the unit was seen parking a car in Gibraltar and later seen with Daniel McCann and Mairead Farrell staring towards the car. After they had moved off, a bomb expert declared the car to be a possible car bomb.

It was decided at that point to arrest them and soldiers of the crack SAS stood by in plain clothes for that purpose.

In the meantime, McCann and Farrell had separated from Savage. They were followed by two soldiers who were seen by McCann. Ordered to stop, McCann moved his hand across his body and Farrell towards her handbag. The soldiers fired several shots killing them both. Savage, followed by two other soldiers heard the shots and spun around to face the soldiers following him. As he moved his hand towards his hip pocket, he too was shot dead.

Farrell, McCann and Savage were felled by 8, 5 and 16 bullets respectively. No weapons or detonators were found and the car had no explosives. Another car hired by Farrell under a false name was later discovered to contain bombs and timers.

The Gibraltar Coroners inquest returned a jury verdict of lawful killing.

The parents of the deceased ultimately went before the UCHR claiming a violation of the right to life. The court faulted the authorities in planning the operation in not arresting the unit at the Spanish border where it could have been done without loss of life, and in conveying to the soldiers the suspicion of a car bomb as a definite fact, particularly to soldiers who were trained to kill and shot to kill.

The court was not convinced that the use of force was no more than absolutely necessary.

And here is the courts punch line: ('The soldiers) lacked the degree of caution in the use of firearms to be expected from law enforcement personnel in a democratic society, even when dealing with dangerous terrorist suspects.

It is this kind of expectation of our armed services that would make Sri Lanka safe for all civilians should there be a return to war or another insurrection.

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CWC ready to succour peace process

by Rashomi Silva

Leader of Ceylon Workers' Congress (CWC) Arumugam Thondaman was optimistic about the ongoing peace process. It has put a stop to the mass scale ethnic bloodshed that tormented the country and the economy over the past three decades.

In an interview with the Daily News Thondaman said that his party was ready to give the necessary support to legislate a final settlement that meets the just aspirations of all.

Coming out strongly for a united Sri Lanka, he said that the CWC stands for 'one Sri Lanka' and their commitment to an united country provides the very basis for the leader of the CWC to hold one of the most important portfolios in the Cabinet. He emphasised the importance of allowing the process to sail smoothly until it stabilises and expressed confidence that even the major issues such as human rights would be ironed out in due course.

The interview:

Q: Do you consider yourselves as part of the Tamil community in Sri Lanka or do you wish to retain a separate identity?

A: We have a separate identity and naturally we consider ourselves a separate ethnic entity. We had been retaining that identity over the years and in the future too we will retain that identity. We have fought our own battles and we have our own ways and means of getting our rights and what are due to us.

Q: As a community leader how do you see the ongoing peace effort?

A: I feel the process is progressing quite satisfactorily. There are ups and downs one cannot expect smooth sailing, considering the thirty years of gulf and conflict between the parties. Although there is minor strife, the parties managed to keep the process going. Right or wrong the LTTE has been fighting for what they call a cause for over the past three decades and consequently the country was at war. But now the parties through the good offices of an international facilitator have entered into a ceasefire and had a series of negotiations.

The two-years of ceasefire has put a stop to the mass scale ethnic bloodshed the country witnessed during the past 30 years. Few months back the Government forwarded their proposals for an Interim Administration through the facilitator and the LTTE too forwarded their counter proposals, there will be discussions and negotiations in the future over these issues.

Q: Was your recent meeting with the LTTE a success?

A: The LTTE as a part of their agenda of enlightening the other Tamil groups on the counter Interim Administrative proposals, before their being presented to the Government, invited us to Wanni and asked to give our support. Obviously there is going to be extensive discussions and negotiations, between the concerned parties. Whatever the ultimate outcome, the CWC will give its support to make the settlement a reality or if in between there are misunderstandings or any breakdowns we will use our good offices to bring the parties to an amicable settlement.

Q: How does the CWC view the Government proposals on the Interim Administration?

A: You have to ask that question from the affected parties. If I say the Government proposals are good, how is that going to satisfy the needs of the affected parties?

Q: In a future Sri Lanka what is the status that your are looking for, for the upcountry Tamils?

A: All we want that our community lives in this country equal to all other communities with dignity. There are instances we have been deprived of fundamental rights, and we have been fighting to win them. For example, we did not have citizenship, and we just got that Bill passed.

Q: Are you happy with Norway's role?

A: At least they managed to achieve something. We have to admit that these two years of ceasefire were mostly their labour. They managed to bring both parties to the negotiating table. They have been So far so good, we are yet to see the finality.

Q: How does the CWC visualize a final settlement?

A: How do we visualize the final settlement doesn't matter, as we are not directly affected by the conflict. The final solution will only evolve after the LTTE proposals are given and once the Government studies it. But overall, whatever the agreement or settlement reached by the Government and the LTTE, all other communities in North and East must be represented, whether it is going to be an Interim Administration or a final settlement.

Q: There are criticisms that the peace process is confined only to the Government and the LTTE. Do you agree with that?

Somebody has to initiate the talks first, right now everybody can't be given representation as that will make more complex the already complex issues. We have to progress step by step, my view is that everybody to views should be taken in consideration before arriving at a final settlement or even an Interim Administration.

Q: The Muslim wants a separate delegation at the future talks, is the CWC supportive of it?

A: They also live in North and East and therefore become an affected community, they think the Muslims need a separate representation to meet their socio-political ambitions. But whether to give a separate representation or not is upto the Government to decide. But if they feel that they should be given the status of a separate entity at the talks that also should be considered. If somebody else is saying that is not necessary then consider and weigh the points against each other. However overall when the whole scenario is coming to a finality the Government should see that everybody is represented and everyone's aspirations are met.

Q: Are you happy with the way the parties have addressed the human right issues?

A: The parties are now prepared to go back to talks even if there were HR violations. If they are ready to go ahead, why try to rock the boat? Do you not think that these types of issues are too sensitive to be touched at this juncture.

Q: But you can't also sweep issues with such a gravity under the carpet?

A: We are not sweeping anything under the carpet. There were and there are HR issues. Now that the LTTE is ready to come forward to talks the Muslims also have some important issues to be addressed. Without adding fuel to the fire the best thing is to let them sort out the matters slowly; in the future when they sit and discuss those difficulties will be ironed out.

Q: How can we strengthen the peace process?

All the other parties must flock together, all those who are directly and indirectly involved in the matter, like Southern political parties and minority communities must strengthen the hand of the Prime Minister. Without arguing over small issues let the process go forward smoothly. Once you know the process is steady you can bring forward all the outstanding issues and demand prompt attention.

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