Patriotism – need of the hour
Dr. T. C. Rajaratnam
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 by the
Rajapakse Regime in the midst of so much interference from Developed
countries with vested interests is far greater achievement in the
history of this country.
Show of strength |
This is an event to celebrate. President Mahinda Rajapakse, Defence
Secretary Gotabaya Rajapakse, Snr Advisor to the President and
Legislator Basil Rajapakse and the Ports and Aviation Minister Chamal
Rajapakse have successfully liberated the country from terrorism. The
final touches we are informed are in progress.
Patriotism is the grundnorm of Civilised Society. As citizens we owe
allegiance to the Constitution of Sri Lanka and we owe our loyalty and
allegiance to the President.
We must appreciate the fact that we would be the most blessed Nation
for easy development only if we can eradicate all the other Tamil Terror
groups who are terrorizing us including me personally in the city of
Colombo. The total eradication of Terrorism is possible only if arms are
seized from all militant groups who pay lip service to democracy whilst
flirting with the major Terrorist Group.
This way, now that the Major Tamil Terrorists Group has been
cornered, the Government must liberate its people from the mini Tamil
Terrorist Groups who have been terrorizing law abiding citizens whilst
flirting with the major Terror Group. All Tamil Militant Groups should
surrender their Arms for total liberation of the people.
The Tamils amongst others in and around Colombo are not safe with
these Tamil Groups armed playing dirty and wearing masks of democracy
whilst they are engrossed demon crazy.
Every one of them without exception have violated the norms of
democracy. Abductions, killings, extortions, harassment, humiliation to
Tamils are done by the Tamils.
The most despicable Traitors should be stripped of their privileges
and tried in the Court of Law. All the Tamil politicians were
assassinated by Tamils. It is not an ethnic problem but the problem
created by unruly men .
The major Terrorist Group would not have been able to carry guns and
ammunition and bombs pass checkpoints. The policy is “you scratch my
back I scratch yours”. The survival of these Tamil Groups was dependant
on the survival of the major Terrorist Group. Now in desperation they
can become chaotic.
Civil allegiance is the duty of loyalty and obedience which a person
owes to the State of which he is a citizen. The word ‘allegiance’ is a
derivative of liege, free and historically it signifies the service
which a free man owed to his liege lord. Every citizen owes the duty of
loyalty to the state where he is a Citizen.
The term allegiance is often used by English legal commentators in a
broader sense, divided them into natural and local, the latter applying
to the deference which even a foreigner must pay to the institutions of
the country in which he lives.
The English doctrine which was once adopted in the United States,
asserted that allegiance was indelible: “Nemo potest exuere patriam” .
Accordingly, as the law stood before 1870, every person who by birth or
naturalization satisfied the conditions set forth, though he should be
removed in infancy to another country where his family resided, owed an
allegiance to the British Crown which he could never resign or lose
except by Act of Parliament or by the recognition of the independence or
the cession of the portion of British territory in which he resided.
Allegiance is the tie which binds the subject to the Sovereign in
return for that protection which the Sovereign affords the subject. It
was the mutual bond and obligation between the King or Queen and his or
her subjects, whereby subjects are called his liege subjects, because
they are bound to obey and serve him.
At Common Law, allegiance is a true and faithful obedience of the
subject due to his Sovereign. As the subject owes to his King his true
and faithful allegiance and obedience, so the Sovereign is to govern and
protect his subjects, regere et protegere subdititos suos, so as between
the Sovereign and subject there is : duplex et reciprocum ligamen; quia
sicut subditus regi tenetur ad obedientiam, ita rex subdito tenetur ad
protectionem:merito igitur ligeantia dicitur a ligando, quia continent
in se duplex ligament.
Allegiance is owed both to the Sovereign as a natural person and to
the Sovereign in his or her political capacity. Loyalty requires
affection also to the office of the Sovereign, attachment to royalty,
attachment to the law and to the Constitution of the realm and he who
would by force or fraud endeavour to prostrate that law and
Constitution, though he may retain his affection for its head, can boast
but an imperfect and spurious species of loyalty.
There were four kinds of allegiance:
(a) Ligeantia naturalis, absoluta, pura et indefinite and this is
originally due by nature and birthright and is called alta ligeantia and
those that owe this are called subditus natus
(b) Ligeantia acquisita, not by nature but by acquisition or
denization, being called a denizen or rather denizon, because he or she
is subditus datus;
(c) Ligentia localis, by operation of law, when a friendly alien
enters the country, because so long as he or she is in the country they
are within the Sovereign’s protection, therefore they owe the Sovereign
a local obedience or allegiance.
(d) A legal obedience, where a particular law requires the taking of
an oath of allegiance by subject or alien alike.
As nature and religion teach moral obligations and prescribe to
children dutiful conduct towards the parents, so nature and religion
imposes on citizens certain obligations towards their country and its
rulers. These obligations may be interpreted as patriotism and
obedience. Patriotism requires that the citizen would have a reasonable
esteem and love for his country. He should have a reasonable esteem and
love for his country.
Legal Allegiance is due when a person takes an oath of allegiance
required for a particular office in the State.
Article 2 of the Constitution of the Democratic Socialist Republic of
Sri Lanka states “The Republic of Sri Lanka is a Unitary State.” Article
63 of the Constitution of the Democratic Socialist Republic of Sri Lanka
states: “Except for the purpose of electing the Speaker, no Member shall
sit or vote in Parliament un and subscribed the following oath or made
and subscribed the following affirmation , before Parliament:- ‘I
…………….. do solemnly declare and affirm/ swear that I will uphold and
defend the Constitution of the Democratic Socialist Republic of Sri
Lanka”’.
Article 81 illustrates in regard to the expulsion of Members and
imposition of civic disability. The Sixth amendment to the Constitution
(certified on August 8, 1983) the preamble states “Whereas Sri Lanka is
a Free , Sovereign , Independent and Unitary State and it is the duty of
the State to safeguard the independence, sovereignty, unity and the
territorial integrity of Sri Lanka
By virtue of the Sixth amendment to the Constitution Article, 157A
was added after Article 157 for ‘Prohibition against violation of
territorial integrity of Sri Lanka’ , Article 11 was amended as well.
The Seventh Schedule by virtue of the Sixth amendment to the
Constitution is “ I………………………………..do solemnly declare and affirm / swear
that I will uphold and defend the Constitution of the Democratic
Socialist Republic of Sri Lanka and that I will not, directly or
indirectly, in or outside Sri Lanka, support, espouse, promote, finance,
encourage or advocate the establishment of a separate State within the
territory of Sri Lanka”.
We have been paying lip service to Peace, whilst the Tamil Political
parties have been making fun of the country, its nation and successive
Governments.
We have to protect our nation. We need our armed forces to be
vigilant and eradicate the pillars of Terrorism and the very foundation
which supports them. 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. 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.
Those who finance terror through some NGO’s, those who launder their
money, and those that cover their tracks are every bit as guilty as the
fanatic who commits the final act.
We look for diplomacy. But there is no diplomacy with some of those
opposed to us. We do not consider them opponents but they oppose every
conceivable move we make to develop the country.
Sometimes, there is no compromise with such people, no meeting of
minds - no point of understanding - so we would have a just choice
-defeat it or be defeated by it.
We learnt that however much we strive for peace; we need a strong
defense capability where a peaceful approach fails. Whatever the dangers
of the action we take, the dangers of inaction are far greater.
Laws will have to be changed not to deny the basic liberties but to
prevent their abuse and protect the most basic liberty of all; freedom
from terror. The people are terrorized by certain Tamils with vested
interests in their vile pursuits for power committing crimes and
targeting a reflex scenario as if the Government was responsible.
We must always be on guard for those who will exploit and manipulate
for their own narrow political ends who will distort the essence of
pluralism and tolerance for their own extremist agendas.
People are being tainted by the reckless media. It is a national
catastrophe for the nation. We must enact new laws amend the old.
We must work as a community to ensure that everyone not just a
privileged few get the collective ability to further the individual’s
interests.
The governing idea of modern social democracy is community founded on
the principles of social justice. That people should rise according to
merit not birth; that the test of any decent society is not the
contentment of the wealthy and strong, but the commitment to the poor
and weak.
But values aren’t enough. The mantle of leadership comes at a price;
the courage to learn and change; to show how values that stand for all
ages can be applied in a way relevant to each age.
We learnt that equality is about equal worth and not equal outcomes.
The standard of living is higher. The expectations of the people are
higher. This is a consumer age. People don’t take what they are given.
They demand more. The rising cost of living is because of Terrorism -
not only the amount we spend on the war but the consequences that follow
the false allegation by the Terrorists and their henchmen in Parliament
who travel on diplomatic Passports, enjoy all the perks of the State,
desecrate the sanctity of the House of Parliament and make false
allegations to the world at large - these men and women will howl and
cry but fear that they may not be elected to Parliament again. They
neither love their own people they love themselves.
We are not alone in this. 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.
Private media freedom is running amok. The news that millions of
people in this country including foreign correspondents who convey news
overseas receive each night is determined by a handful of men
responsible only their corporate employers. The State should have
control not to permit abuse of the freedom of the Press.
The people love the President. 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. We must not permit a
contaminated moral environment. Let us not negotiate out of fear, But
let us never fear to negotiate. As a philosopher once remarked. “The
water is clear pure and fresh - it is for all to drink. But some clever
people began to bottle the water. Some in beautiful bottles. Some in
ugly bottles -with no regard to the water but with great care to its
shape.”
It is time that affirmative action is taken so as not to eradicate
the norms of democracy.
Resolution of conflict has its requirements. Parties to a dispute
cannot threaten and violate the rights of innocent people or those who
are performing their duties. If the conflict between the organized form
of government and a force not popular on the norms of legality, it is
then the duty of the Head of State to take such measures to safeguard
the nation by whatever means to protect the nation.
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.
No progress can be made unless a common ground is established. To
endeavour to establish common ground certain specific responsibilities
on the people and political leaders should be imposed. More of our
people must set an example. People should be made conscious of their
conduct. We must learn to discuss matters with those who are different
from us. Not just people who agree with us but with somebody who is
different.
Politicians must set an example to those among whom they work. After
all, politics is a matter of serving the community which means that is
morality in practice. We cannot restore peace unless we can find some
way to bring the nation close together. There should be collective
responsibility within groups or else the people will be confused.
We must be Patriotic. We must uphold and defend the Constitution and
the Head of State-the President. We owe allegiance to the President and
the Constitution as Citizens of Sri Lanka. We must uphold the norms of
the Constitution apprehend and prosecute those who terrorize us by their
actions and threats, then economic prosperity will follow suit. Our
destiny lies in our hands. |