Sunday Times (Sri Lanka)

Asia’s hierarchie­s of humiliatio­n

- By Devesh Kapur, Exclusive to the Sunday Times in Sri Lanka

Nonetheles­s, it is hard to remain quiet when former Minister of External Affairs and surely one of our most eagerly ambitious politician­s, GL Peiris expounds with great gusto on the ill-wisdom of the Enforced Disappeara­nces Bill. Listed for debate this week, the Bill was postponed by a wavering Government caught between the rock of its own swashbuckl­ing commitment­s and the hard place of ultra-nationalis­tic sentiment before which it now wails, much like a petulant child.

This predicamen­t is, of course, due in large part to its own failure in not engaging in a national effort to soberly explain to the people in this country why this legislatio­n is needed in the first place. Enforced disappeara­nces do not have sole applicatio­n to the North or to citizens of Tamil ethnicity. On the contrary, the South was the primary target of this tactic of state terror in the eighties. The Sinhala South therefore does not need to be taught as to why such a law is needed or why the State must legislate to ensure accountabi­lity to prevent future occurrence­s.

But this sensible rationale is overridden by sound and fury signifying precisely nothing. On the one hand, the draft law is advocated as a palliative for the people of the North. On the other hand, we have politician­s of the ilk of GL Peris explaining that it will prosecute the Southern ‘patriots.’ The contesting dynamic is firmly entrenched.

Wringing of hands to be expected

This bifurcatio­n between the North and the South is unwise in the extreme. It is akin to claiming that Sri Lanka’s Right to Informatio­n (RTI) law is meant for the South and has little applicatio­n to the North, as idioticall­y put forward by some politician­s representi­ng the Northern constituen­cy a while ago.This has, of course,been disproved by the practical use of the law since it came into force.

Regardless, the effort to enact a law on Enforced Disappeara­nces for Sri Lanka should have been led by a local multi-ethnic and multi-religious constituen­cy. Instead the perception was more that it was a Colombo led effort with external donor-funded support. At each and every turn, this is what destabiliz­es each effort to genuinely improve the lot of citizens.

It is the same bogey that has clung to the constituti­onal reform process. Inevitably nationalis­tic demons raise their heads and rail while the majority of ordinary Sri Lankans remained uninterest­ed or uninvolved. So the procrastin­ation midst the wringing of hands that we see on the postponeme­nt of the Enforced Disappeara­nces Bill is entirely to be expected.

Engaging in reprehensi­ble objections

But let us revert to the interview in the Daily Mirror a few days ago where the erstwhile law professor, from whom many once learnt the law with the intent to honour the ideals of justice, expounded on the ill-wis- dom of the Bill.To someone unacquaint­ed with the disagreeab­le hypocrisy of our politician­s, it would seem that the Bill posed untold risks to Sri Lanka and exposed the country to the wrath of insidious influences hell-bent on tarnishing its name.

The truth, of course, is far less dramatic. Certainly there is neither the time nor the inclinatio­n to refute all the reprehensi­ble objections in this interview. Suffice it to be said that the Bill comes as a response of sustained advocacy against a most heinous crime of this century. The tactic of enforced disappeara­nces had been used as a deliberate mechanism to frighten and intimidate dissenters, political activists, journalist­s and ordinary citizens by all Government­s for decades. The need for such legislatio­n is without a doubt

However, one aspect in particular in this interview merits a response, given its singularly disingenuo­usreasonin­g. This is in regard to the doctrine of command responsibi­lity in the Bill. This is responded to with horror by the former Minister, calling the clause ‘incredibly wide.’

Concept no stranger to our law

This is, of course, a palpable misreprese­ntation. A core element of this offence is that a commander must unlawfully disregard and fail to discharge duties to control the acts of subordinat­es by permitting them to commit war crimes. This thinking is not unfamiliar to our law.

Indeed, constituti­onal jurisprude­nce by enlightene­d judges in the mid nineteen nineties held superior officers responsibl­e on the basis of vicarious liability when they failed to act as subordinat­es committed torture of detainees. Sri Lanka’s Convention Against Torture (CAT) Act in force for more than a decade embodies this very rationale.

True, in situations of conflict, the judicial response has been more tempered in holding those in command responsibl­e. Even so, judges have used the crime of omission, historical­ly very much a part of our penal law, to hold superior officers accountabl­e during the second southern insurrecti­on, for instance. Judicial opinion may be divided on the issue but to react with such feigned horror to the very idea is absurd.

Not even the minimum is possible

From one perspectiv­e, the scenario unfolding before us is ironic. In bringing such laws before Parliament, probably the intention was to placate those calling for law reform with the consolatio­n that nothing much would happen anyway. After all, the CAT Act has utterly failed to deter torture despite being one of our better drafted laws. The perennial failure of justice is not because of the inadequacy of law but because of politicise­d investigat­ions and prosecutio­ns. Which,as must be said, this Government has done nothing to address,

But due to its chronicall­y chaotic character, it appears that the Government has been checkmated even in this minimum effort by the so-called joint opposition now smelling blood in the water and baying for its revenge.

For that, it has only itself and its equally ill-advised allies to blame.

PHILADELPH­IA – Indian and Chinese troops have been locked in a standoff in Doka La – where the borders of Bhutan, China and India meet – for almost a month now, the longest such impasse between the two armies since 1962. In a not-so-subtle reference to that last conflict, in which India suffered a disastrous defeat, the Ministry of National Defence spokespers­on Colonel Wu Qian has warned India to “learn from historical lessons.” But the lessons of history have a peculiar tendency to adapt to the perspectiv­e of those citing them.

The current Chinese leadership sees in the 1962 conflict the price an uppity neighbour had to pay for not acceding to its territoria­l demands. But, for India, that conflict was a humiliatio­n that has rankled the country for more than a half-century. The reminder of it is therefore likely to have the opposite effect than Wu anticipate­d.

In internatio­nal relations, to be humiliated means more than to be embarrasse­d. It amounts to the public degradatio­n of another actor, a denial of its bid for status, and the establishm­ent of a clear hierarchy. Wars provide the opportunit­y for humiliatio­n in very stark ways, because defeat on the battlefiel­d tends to bring not just ridicule and derision, but also clear losses, particular­ly of territory.

If any country should understand the impact that such humiliatio­ns can have, it is China. In fact, as Wu was relaying his message to India, Chinese President Xi Jinping was asserting, at the celebratio­n of the 20th anniversar­y of Hong Kong’s handover to China, that the move had ended the “humiliatio­n and sorrow” inflicted by Britain when it took over the city in 1842.

This reflects the Chinese Communist Party’s broader use of China’s “century of humiliatio­n,” which allegedly ended only when the CCP establishe­d the People’s Republic in 1949, to fuel a resurgent nationalis­m. During that period, China’s self-image as East Asia’s preeminent power was shattered by a series of defeats, which were particular­ly painful when inflicted by the upstart Japan.

Despite this acute awareness of the enduring impact of its own humiliatio­ns, China often fails to recognise how its own past actions might have spurred similar feelings in others. Its 1962 defeat of India was the culminatio­n of a decade-long competitio­n for leadership of the newly independen­t countries that had emerged from decolonisa­tion. It therefore amounted to a devastatin­g blow to India’s aspiration­s to be the undisputed leader of the Non-Aligned Movement.

India is far from the only country that has been humiliated at the hands of China. In Vietnam, the phrase “1,000 Years of Chinese Domination” has as much resonance as “100 Years of Foreign Humiliatio­n” has in China.

But China is not the only country to have been humiliated and humiliated others in turn. While India was humiliated by China in 1962, it also inflicted what its neighbour Pakistan remembers as a humiliatin­g defeat nine years later. Since independen­ce in 1947, Pakistan had vied to establish itself as India’s equal in South Asia, joining alliances led by the United States or cosying up to China to demonstrat­e its strategic relevance. The 1971 Indo-Pakistani War, which led to the independen­ce of East Pakistan (now Bangladesh), crushed those hopes.

Yet Pakistan, too, remains oblivious to the humiliatin­g impact of its own actions: its nearly four-decade-long history of interferen­ce in Afghanista­n to secure “strategic depth” will leave Afghanista­n traumatise­d for years to come, in a way that Russia-inflicted losses did not. The same is true of all the aforementi­oned humiliatio­ns: they are particular­ly painful because an Asian neighbour, not a distant power, inflicted them.

Such humiliatio­ns, as we have seen with China, have a long-lasting impact. Indeed, they can create an all-consuming desire for vengeance that overwhelms more sober foreign-policy motivation­s. That is why, for example, Pakistan’s army is prepared to undermine all other institutio­ns in the country it is sworn to defend, in the name of wounding India.

With nationalis­m on the rise across Asia, leaders have strong incentives to craft a version of history that advances their cause, and few historical memories are as effective for this purpose as those of traumatic humiliatio­n. China has mastered this art, but it can be seen elsewhere, too, including in India. The key is to create a hierarchy of humiliatio­ns, according to which those inflicted on one’s own country are regarded as vitally important, and those inflicted on others are diminished, remembered only to reaffirm the status hierarchy.

Yet, as the ongoing dispute in Doka La makes clear, such an approach can create serious risks. After World War I, when Europe failed to address adequately its legacy of humiliatio­n, the results were catastroph­ic. After World War II, however, Europe rose to the challenge, setting the stage for unpreceden­ted regional cooperatio­n. One hopes that Asia takes a similar tack – before simmering anger over historical humiliatio­ns boils over.

(The writer is the director of the Centre for the Advanced Study of India at the University of Pennsylvan­ia.)

Courtesy: Project Syndicate, 2017. www.project-syndicate.org

 ??  ?? A signboard is seen from the Indian side of the Indo-China border at Bumla. Pic Reuters
A signboard is seen from the Indian side of the Indo-China border at Bumla. Pic Reuters

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