Reflections of President Mahinda Rajapaksa's journey with the nation Dr. TELLI C RAJARATNAM The quest for a war free country has a basic purpose-survival. In the process if we learn to achieve it by love rather than by fear, by kindness rather than by compulsion, if in the process we learn to combine the essential with the enjoyable, the expedient with the benevolent, the practical with the beautiful, this will be an extra incentive to embark on this great task. President Mahinda Rajapaksa has saved our nation from disaster and has upheld the norms of Leadership and made those who looked down at us to look upon us. His achievements are remarkable. He has been a stoic in the face of adversity. He has earnestly endeavoured to unify the nation. He is totally committed to serve the people. It is genuine unwavering and it is selfless. There are individuals and groups who may be critical of the President for political gain, but the President has always taken affirmative action within the norms required of the President. Ceylon obtained independence from the British Rule in 1948 by smooth transition after India gained its independence. We honour our Patriots who contributed towards that endeavour. But the crucial factor is the independence gained by defeating terror under the Leadership of President Mahinda Rajapaksa in the midst of so much interference from Developed countries with vested interests is far greater achievement in the history of this country. The victor, the victory and the victorious - "There go my people, I must follow them, for I am their Leader" were the words of Mahatma Gandhi practised to the very syllable by President Mahinda Rajapaksa. That is the secret of his success. Amidst the turbulent waves of politics and the intricacies of conspiracies by vested interests- President Mahinda Rajapaksa was re-elected as the President of the Democratic Socialist Republic of Sri Lanka for a second term. The Victor is President Mahinda Rajapaksa, The Victory was inevitable due to the patriotic deeds of the President and the Victorious are the Nation as a whole. Liberation by the President - Thousands of men, women and children driven from their lands have returned home. The demands of an outraged community have been met. We have achieved a victory for a safer world, for our democratic values, and for a stronger Sri Lanka. We fought and liberated the people held in hostage, what we achieved and what we have to do now to advance the peace and together with the people, forge a future of freedom, progress and harmony. This can be done only under the leadership of President Mahinda Rajapaksa The Terrorists were the cause for Men of all ages separated from their loved ones killed and forced to join the Terrorists, children made to watch their parents die; a whole people forced to abandon in hours communities their families had spent generations building. When our diplomatic efforts to avert this horror with the LTTE were rebuffed, and the violence mounted, the President took affirmative action. Now the people are free, the roads that were closed for years have opened, the people have been liberated. Sri Lanka still faces great challenges in this world, but we will meet them. We will as a nation successfully maintain the territorial integrity of Sri Lanka. The current trends in international affairs relating to Sri Lanka with the war against terrorism and how the world looks at us owing to the accusations made against us by vested interests and whether we have overcome the difficulties and convinced the world that we were justified in doing what we had to do is yet to be seen. The recurring problem of accusations is a result of the frustrated Tamil militants overseas trying to revive the LTTE for their own survival. Stability of Leadership - Finally, we have averted the wider war this conflict might well have sparked. Now, we're entering a new phase - building that peace - and there are formidable challenges, the foremost amongst them is the stability of Leadership and the Government. Development and developed countries - We must build and develop our country. For that to happen, the European Union must plan for tomorrow, not just today. Our friends the United States, China, India and the United Kingdom must assist us in our endeavour. They must provide most of the resources for this effort, but it is in Sri Lanka's interest to do our part as well. We must pave a path to a prosperous shared future, a unifying magnet more powerful than the pull of hatred and destruction that has threatened to tear us apart. Tolerance and Freedom - President Mahinda Rajapaksa represents tolerance and freedom, not repression and terror. As such every individual or group which transgresses these ideals should be dealt with by the Laws of the land. President and the Nation - We have sent a message of determination and hope to all the world. Think of all the millions of innocent people who died in this bloody century because democracies reacted too late to evil and aggression. Because of our resolve, the past is gone not with helpless indignation, but with a hopeful affirmation of human dignity. In a world too divided by fear among people of different racial, ethnic and religious groups, we have given confidence to the friends of freedom and pause to those who would exploit human difference for inhuman purposes. Challenges - Sri Lanka still faces great challenges in this world, but we look forward to meeting them. We can successfully maintain the territorial integrity of Sri Lanka now that we have re-elected President Mahinda Rajapaksa. We must stand united as Patriots of Sri Lanka to support and defend President Mahinda Rajapaksa. Patriotism - Patriotism is the grund norm of Civilized Society. As citizens we owe allegiance to the Constitution of Sri Lanka and we owe our loyalty and allegiance to the President. Every citizen owes his or her allegiance to the Constitution and to the Head of State- the duly elected President of the Democratic Socialist Republic of Sri Lanka. We don't need people from the 'international community' to cast aspersions on our President and our Government. People should be aware of what allegiance is and the concept of Patriotism. This is not only the duty of every citizen but the obligation in the best interests of the Nation. Our nation has been torn apart by the evils of terrorism and natural disaster. We have all suffered - there is no answer - there is no justification for the pain. Freedom of choice alone does not guarantee justice. Equal rights are not defined only by political values. Social justice is a triad of freedom, an equation of liberty. Justice is political liberty. Justice is economic independence. Justice is social equality. Development and Territorial integrity - All round the world governments are struggling with the same problems. The program of reform is huge. We must have co-operation, determination and consensus. We are a community of people, whose self interest and mutual interest at crucial points merge and that it is through a sense of justice that community is born and nurtured. This is the moment to bring the faiths closer together in understanding of our common values and heritage a source of unity and strength. By the strength of our common Endeavour we achieve more together than we can alone. We must reach beyond our fears and our divisions to a new time of great and common purpose. Let us trace the roots of affirmative action. Let us determine what it is and what it isn't. Let us see where it has worked and where it hasn't and ask ourselves what we need to do now. The UN and the President - The writer had advised the President that The Universal Declaration on Human Rights is not limited in scope to ensuring the observance of human rights by Governments alone. The Declaration has a far wider purpose: the observance of human rights by all governmental and non-governmental parties alike. Article 3 of the Universal Declaration, which requires that everyone has the right to life; and the provisions of Article 30 of the Declaration prescribes that: "Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein". An act of terrorism by a non-governmental entity against civilians is surely a violation of the human rights of its victims and, surely, a crime against humanity as well. President Mahinda Rajapaksa has successfully convinced the international community of the Necessity of the Legal Norms of War. We are in the process of completing the process of presenting facts. We know the horrific consequences of terrorism: the horror; the thousands of unsuspecting innocent lives lost or maimed, the thousands of families then left to grieve; the countless personal tragedies that terrorism leaves. The horrors of terrorism have devastated the country and have cast a heavy burden on successive governments and the nation including all of us and on humanity as a whole. There are also the larger disruptions of national stability and order as well: of the economy and the customary ways of life. We remember the bombing of the Central Bank, the adjacent buildings, the Temple of the Tooth Relic and other temples, the buses and trains in Sri Lanka where numerous people of all communities were killed, injured, the numerous innocent civilians who were killed and each of us would have a story to tell about the injuries sustained or the deaths of our loved ones. We will always be affected by the memories of the damage caused by the terrorists-this we shall carry with us for as long as we live.The terrorism of September 11, 2001 in the USA gave rise to a "coming-together" of the people, in the finest traditions of humanity. On September 12, the Security Council and the General Assembly convened to express: their collective condolences; an unqualified condemnation of terrorism: a determination that those responsible should not go unpunished; and firm concurrence that terrorism threatened the foundations of human society and order and would need to be, and must be, globally removed. We have sent a message of determination and hope to the entire world. Think of all the millions of innocent people who died in this bloody century because democracies reacted too late to evil and aggression. Because, the duty of the Defence Secretary was well-performed, the past is gone not with helpless indignation, but with a hopeful affirmation of human dignity. In a world too divided by fear among people of different racial, ethnic and religious groups, President Rajapaksa has given confidence to the friends of freedom and pause to those who would exploit human differences for inhuman purposes. Military necessity - Over 30 years or more, we have not been able to solve the terrorist problem. We required a balance between the need to achieve a military victory and the needs of humanity. In this sense, necessity has been viewed as a limitation to unbridled barbarity. The application of the doctrine of military necessity makes use of the principle of proportionality as a mechanism for determining the positioning of a fulcrum between these competing poles. Using proportionality thus gives effect to the recognition that the choice of methods and means of conducting war or armed conflict are not unlimited. The means and methods of conducting war operate to achieve a particular military objective, which consequently assists in achieving a larger political objective. While necessity might determine the legitimacy of the armed attack, proportionality determines the amount of force that might be used. In a sense, necessity operates at a macro level, while international humanitarian law operates at a micro level, though both might lie on the same continuum given the difficulties in the transition. This difficulty is most apparent when the principles of necessity and proportionality have been incorporated into conventional international law, particularly international humanitarian conventions. The development of these conventions and the application of these principles require some consideration if one is to arrive at an understanding of their application in a modern armed conflict. The distinction in the Sri Lanka situation is that it is within our territory. Military necessity has been described as "a basic principle of the law of war, so basic, indeed, that without it there could be no law of war at all." The acceptance that, while the object of warfare is to achieve the submission of the enemy, which may require the disabling of as many enemy combatants as possible, this should only be achieved in a manner that does not cause any unnecessary suffering or damage. This limitation to the means of waging war is not, however, necessarily humanitarian in nature, and much of the early restraints were based on economic, political, and military considerations. However, the need for a balance between the considerations of humanity and the military actions necessary to win a war is regarded as defining the very nature of international humanitarian law, making military necessity a central principle in this balance. The 'principle of distinction' is fundamental to humanitarian law, but its precise content varies according to the kind of conflict. In national liberation struggles - and international armed conflicts - the distinction is between 'civilians' and 'combatants.' Combatants have no right to life under humanitarian law. Every individual is classified as either a combatant or as a kind of protected person, such as a prisoner of war (a captured combatant) or a civilian. An individual's rights change when his classification changes. A civilian has the right not to be targeted for attack and the right to receive some protection from attack. If the civilian joins the armed militants, he exchanges the rights of a civilian for the rights of a combatant. A combatant has the right to take part in hostilities. If the UN condemns Terrorism, the UN should accept military necessity.- Sri Lanka still faces great challenges in this world, but we will meet them. We will as a nation successfully maintain the territorial integrity of Sri Lanka. The current trends in international affairs relating to Sri Lanka with the war against terrorism and how the world looks at us owing to the accusations made against us by vested interests and whether we have overcome the difficulties and convinced the world that we were justified in doing what we had to do is yet to be seen. The recurring problem of accusations is a result of the frustrated Tamil militants overseas trying to revive the LTTE for their own survival. All countries should foster a new security concept featuring mutual trust, mutual benefit, equality and cooperation and fully respect the diversity of world civilisations, and should seek consensus through dialogue, co-operation through consultation and development through exchanges. Solidarity is strength - History tells us that solidarity means strength, progress and success. Peace, co-operation, development and progress are what the entire international community is hoping and striving for. The developing nations must continue to work closely together in the spirit of solidarity and co-operation and raise their voice and strengthen their position in international affairs if they are to secure their fundamental interests. The late Lakshman Kadirgamar is remembered to have said, "A criminal organization-whether involved in rebellion against a State or not-must depend for its sustenance outside the law. For its massive operations and massive weaponry, massive collections of funds are continually required." As funds available for criminal activities within a State, especially a developing State, are inevitably small, and the monitoring of their collection and disbursement relatively simple, fund collection for such activities is carried out abroad-through international criminal networks, of course-and also, as in all criminal enterprises, through knowing or unknowing front organisations or other entities that now proliferate in many forms, in many countries-often in the guise, sadly, of charitable groups or groups ostensibly concerned with human rights, ethnic, cultural or social matters..... The many disparate forces for international terrorism do not come together in one monolithic whole. They are variously inter-connected in numerous ways and their international networks are extensive. They are mutually supportive and communicate through the global underworld of crime when special missions are afoot. If international terrorism is to be ever removed from our midst, we must begin with the recognition that international terrorism is a form of global criminality. We must not let ourselves be deceived by the artfully crafted cloaks of false pretensions. It is the method of terrorism as in the murder of innocent civilians and the defiance of the sanctity of life-that defines terrorism. "This is self-explanatory of the fact that accusations are being made by certain corporate interests having links with Tamil terrorists and Tamil militant political parties who wear a mask of democracy and undermine the very pillars of a sovereign state for their own survival. Morality of wars in defence of the President - Throughout history war has been the source of serious moral questions. Today, war is seen by some as undesirable and morally problematic. At the same time, many view war, or at least the preparation and readiness and willingness to engage in war, as necessary for the defence of their country and therefore a just war. Support for war continues to this day, especially regarding the notion of a Just War (necessary wars required to halt an aggressor or otherwise dangerous nation or group). International law recognises only two cases for a legitimate war: * Wars of defence: when one nation is attacked by an aggressor, it is considered legitimate for a nation along with its allies to defend itself against the aggressor. * Wars sanctioned by the UN Security Council: when the United Nations as a whole acts as a body against a certain nation. Examples include various peacekeeping operations around the world, as well as the Korean and first Gulf Wars. The subset of international law known as the law of war or international humanitarian law also recognises regulations for the conduct of war, including the Geneva Conventions. Article 2, paragraph 7 of the UN Charter states: "Nothing contained in the present Charter shall authorise the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any State or shall require the members to submit such matters to settlement under the present Charter." Sovereignty, though its meanings have varied across history, also has a core meaning, supreme authority within a territory. It is a modern notion of political authority. Historical variants can be understood along three dimensions-the holder of sovereignty, the absoluteness of sovereignty, and the internal and external dimensions of sovereignty. The State is the political institution in which sovereignty is embodied. * The history of sovereignty can be understood through two broad movements, manifested in both practical institutions and political thought. The first is the development of a system of sovereign states, culminating at the Peace of Westphalia in 1648. Contemporaneously, sovereignty became prominent in political thought through the writings of Machiavelli, Luther, Bodin, and Hobbes. The second movement is the circumscription of the sovereign state, which began in practice after World War II and has since continued through European integration and the growth and strengthening of laws and practices to protect human rights. The most prominent corresponding political thought occurs in the writings of critics of sovereignty like Bertrand de Jouvenel and Jacques Maritain. A definition of Sovereignty - Supreme authority within a territory-this is the general definition of sovereignty. Historical manifestations of sovereignty are almost always specific instances of this general definition. It is in fact the instances of which philosophers and the politically motivated have spoken most often, making their claim for the sovereignty of this person or that body of law. Understanding sovereignty, then, involves understanding claims to it, or at least some of the most important of these claims. Sovereignty can also be absolute or non-absolute. How is it possible that sovereignty might be non-absolute if it is also supreme? After all, scholars like Alan James argue that sovereignty can only be either present or absent, and cannot exist partially. But here, absoluteness refers not to the extent or character of sovereignty, which must always be supreme, but rather to the scope of matters over which a holder of authority is sovereign. Bodin and Hobbes envisioned sovereignty as absolute, extending to all matters within the territory, unconditionally. It is possible for an authority to be sovereign over some matters within a territory, but not all. Today, many European Union (EU) member states exhibit non-absoluteness. They are sovereign in governing defence, but not in governing their currencies, trade policies, and many social welfare policies, which they administer in co-operation with EU authorities as set forth in EU law. Absolute sovereignty is quintessential modern sovereignty. But in recent decades, it has begun to be circumscribed by institutions like the EU, the UN's practices of sanctioning intervention, and the International Criminal Court. A final pair of adjectives that define sovereignty is "internal" and "external." In this case, the words do not describe exclusive sorts of sovereignty, but different aspects of sovereignty that are co-existent and omnipresent. Sovereign authority is exercised within borders, but also, by definition, with respect to outsiders, who may not interfere with the sovereign's governance. Only a practice of human rights backed up by military enforcement or robust judicial procedures would circumscribe sovereignty in a serious way. Progress in this direction began to occur after the Cold War through a historic revision of the Peace of Westphalia, one that curtails a norm strongly advanced by its treaties-non-intervention. In a series of several episodes beginning in 1990, the United Nations or another international organization has endorsed a political action, usually involving military force, that the broad consensus of states would have previously regarded as illegitimate interference in internal affairs. The episodes have involved the approval of military operations to remedy an injustice within the boundaries of a State or the outside administration of domestic matters like police operations. Unlike peacekeeping operations during the Cold War, the operations have usually lacked the consent of the government of the target State. They have occurred in Iraq, the former Yugoslavia, Bosnia, Kosovo, Somalia, Rwanda, Haiti, Cambodia, Liberia, and elsewhere. Military necessity is here firstly defined in a jus ad bellum context, applying the principle to the measures that are indispensable, and not simply convenient or expedient, to achieve the aim of the actual conflict Military necessity admits of all direct destruction of life or limb of armed enemies, and of other persons whose destruction is incidentally unavoidable in the armed contests of the war; it allows of the capturing of every armed enemy, and every enemy of importance or of peculiar danger to the captor; it allows of all destruction of property, and obstruction of the ways and channels of traffic, travel, or communication, and of all withholding of sustenance or means of life from the enemy; Men who take up arms against one another in public war do not cease on this account to be moral beings, responsible to one another and to God. The 'principle of distinction' is fundamental to humanitarian law, but its precise content varies according to the kind of conflict. In national liberation struggles - and international armed conflicts - the distinction is between 'civilians' and 'combatants.' Combatants have no right to life under humanitarian law. Every individual is classified as either a combatant or as a kind of protected person, such as a prisoner of war (a captured combatant) or a civilian. An individual's rights change when his classification changes. A civilian has the right not to be targeted for attack and the right to receive some protection from attack. If the civilian joins the armed forces, he exchanges the rights of a civilian for the rights of a combatant. A combatant has the right to take part in hostilities. Every citizen owes his or her allegiance to the Constitution and to the Head of State- the duly elected President of the Democratic Socialist Republic of Sri Lanka. We don't need people from the 'international community' to cast aspersions on our President and our Government. The duly elected Executive President of the Democratic Socialist Republic of Sri Lanka, President Mahinda Rajapaksa, as the Commander in Chief of the Armed Forces had to take affirmative action to destroy terrorism. He was morally and legally bound to protect his subjects from all forms of terror. Due to our internal conflicts which we could have long resolved, external forces with vested interests have all sought to intervene some in the pretext of resolving the conflict but our experience has proved that the gap of resolution of conflict does not seem to be narrower now. Unitary State - Now, the entire Nation and assist President Mahinda Rajapaksa to continue the development work towards a new era. Sports - President Rajapaksa has been a athlete during his day and later played a key role as a President of the national bodies for athletics and elle. As the President of the Athletic Association of Sri Lanka (AASL) in 1997, the President played a key role to have star sprinter Susanthika Jayasinghe exonerated of the charges. The revival of Sri Lanka athletics, which ultimately gave Sri Lanka an Olympic medal after 52 years (in 2000 Sydney Games) began when President Rajapaksa was heading the local athletic governing body. The First Lady, Madam Shiranthi Rajapaksa had served as a President of the Netball Federation of Sri Lanka. She made an immense contribution towards the promotion of netball. Their three sons - Namal, Yoshitha and Rohitha, excelled in rugby football. All three went on to lead S.Thomas' College, Mt. Lavinia.In fact, the three played in the same team - the 'pack', for S.Thomas' College 1st XV team in 2005, which could well be a record.. The eldest of the three, now a Member of Parliament is the the founder President of Tharunyata Hetak Youth Movement, went on to captain Sri Lanka Under-19 team with distinction and now is a Member of Parliament. Art and Cinema - President Mahinda Rajapaksa is the only Leader who has contributed to Arts, Culture and Cinema by establishing a Cinema City in Hambantota. Several film industrialists have expressed their interests to have their film locations in Sri Lanka after the establishment of the Cinema city. Mahinda Chinthana - The Mahinda Chinthana would strengthen the domestic economy, domestic identity and a new value to national wealth. Unitary State - Now, all communities must join hands in unity and assist President Mahinda Rajapaksa to continue the development work. There's no other World Leader who has achieved so much within a short tenure of leadership. There's no other Leader in the world who has eradicated terrorism. There's no other leader who has addressed the Nation in their respective languages, cared for the destitute, the poor and the afflicted. There is no other leader in the World who embraced those who were against him (Members of the opposition, LTTE, militants etc) and brought them to his side to work together. President Rajapaksa is an outstanding World Leader and I am privileged to pay tribute to him as a Sri Lankan. THERE SHALL BE ONE LAW FOR ALL. THE TERRITORIAL LAW OF SRI LANKA SHALL BE THE SAME FOR THE ENTIRE COUNTRY. EACH CITIZEN HAS A RIGHT TO LIVE IN ANY PART OF SRI LANKA. [email protected] The writer is a Snr Advisor on Resolution of Conflict. LL.B(SL).,LL.M(Lond).,Ph.D(Lond).,has practiced as a Solicitor in England & Wales, as a Barrister & Solicitor in Australia as an Attorney at Law in Sri Lanka and the USA and also has been a Lecturer in Laws in various Universities in Colombo, the UK and USA) , Author of "The Dawn of Sri Lanka-The Miracle of Asia-Selected Essays of the Legacy of President Mahinda Rajapaksa" and Editor of Sri Lankan Patriot News line(www.srilankanpatriot.lk)