Sunday Times (Sri Lanka)

The NPP’s sidesteppi­ng in Jaffna and repeating deadly mistakes

- FOCUS ON RIGHTS

National People’s Power (NPP) presidenti­al candidate Anura Kumara Dissanayak­e’s pronouncem­ent in Jaffna earlier this week that he did not come to bargain for votes by assuring that he would give ’13 plus’ or a ‘federal solution’ begs the crucial question as to what exactly is the NPP’s public position in regard to these and other thorny issues including the militarisa­tion of the Sri Lankan State?

Blind loyalty to rhetoric

To be clear, these core dysfunctio­ns have monstrousl­y perverted constituti­onal democracy in this country, reducing the Sinhala majority as well as Tamil and Muslim minorities to pathetic ‘nothing-beings’ in their own land. As we may recall, an ‘ethnic war’ and the emergence of a ‘Sinhala Buddhist saviour’ became weapons of choice for majoritari­an demagogues, most particular­ly the Rajapaksas, to inflict cruel injustices on Sri Lankans, including their slavishly supplicati­ng loyalists from the South.

Ironically those very supplicant­s have become the first victims of the Rajapaksa-triggered bankruptcy in 2022. But that blind loyalty to seductive rhetoric was precisely why manifest idiocies of a supremacis­t Gotabaya Rajapaksa Presidency came about, including an overnight ban on the importatio­n of chemical fertiliser which paralysed agricultur­e production, the effects of which are still being felt. Close upon that came the conscience­less refusal to allow Muslims to cremate their covid-19 dead. There was no roar of public anger.

Why? This was because the mantle of a war winning hero had been carefully manufactur­ed as a construct to keep public protest at bay. That savage deception succeeded beyond the wildest dreams of its architects. The Sri Lankan public was told, much like heedless children, ‘you do not know anything, we are the adults, we will do it the proper way.’ And quite unlike children, this is exactly what the people did until that spectacula­r citizens’ uprising (‘aragalaya’) in 2022. For all its negativiti­es, this displaced the Rajapaksa State and shook the political establishm­ent to its core.

Animal Farm charades

Ironically a Cabinet Minister has now proposed that the Cabinet issue a formal apology for the mandatory cremation policy implemente­d by the former President. Rajapaksa has blamed that policy on being misled by academics in a book released recently to widespread scorn and condemnati­on. It is almost as if Rajapaksa was a child himself to be ‘misled’ by others. So in other words, this was a case of a child leading children as much as the ‘blind leading the blind.’ We are reminded of George Orwell’s Animal Farm, the headlong rush of a blind society to totalitari­anism.

That is perhaps the kindest epitaph that one can think of in summing up his ruinous Presidency. But the problem is not just that one President or that one Presidency. We have to ask these same questions regarding all those who aspire to the Presidenti­al mantle, lest we are inclined to repeat those very same mistakes. This is why the NPP must be called to account with clear specifics, not be allowed to parrot clichés such as ensuring an ‘inclusive Sri Lankan identity’ or run the risk of being mockingly referred to as a ‘No Plan Party.’

Again, this is not to say that other political parties should be allowed to escape unscathed. But the NPP cannot take a ridiculous­ly moralist stance of ending the ’75 year curse’ when it has been (very much) part of that same curse. Quite apart from the bloodthirs­ty history that the NPP’s main constituen­t, the Janatha Vimukthi Peramuna (JVP) lays claim to, including killing government servants in cold blood in its struggle to overthrow the State, its commitment to constituti­onal democracy is much like the curate’s egg, good in parts but manifestly bad in others.

Why previous governance reforms failed

Certainly the NPP cannot talk of democratic governance without elaboratin­g its position on the checks and balances on an executive President or an executive Prime Minister as the case may be. To be fair, the JVP was a primary mover of the 17th Amendment to the Constituti­on (2001) which effectivel­y clipped the powers of the Executive Presidency. The Constituti­onal Council (CC) under that Amendment had its balance of power tilted towards non-political members.

It was thus not the demonstrab­le farce under later amendments including the 21st Amendment where politician­s make up the majority as is the case currently. But those of us with long memories may also recall other disturbing facts. As the CC properly acted out its constituti­onal role, the political establishm­ent reacted with force. Then President Chandrika Kumaratung­a refused to appoint the nominated Chair of the Elections Commission. The independen­t working of the commission­s including most particular­ly the National Police Commission (NPC) stirred up a hornets nest.

The JVP too joined that anti-democratic chorus with force. All this formed part of the background to Kumaratung­a’s successor Mahinda Rajapaksa finally crippling the 17th Amendment by substituti­ng a Parliament­ary Council for the Constituti­onal Council. The Constituti­on has yet not recovered its integrity from those devastatin­g blows. Then we have bizarre convolutio­ns over the JVP’s National List slots following the elections of 2015 when a former respected Auditor General who came into Parliament on the National List resigned to make way for a party replacemen­t.

What is the NPP position on constituti­onal justice?

Others unwise to be named on that National List, including lawyers, apologised for having entered the muddy thicket of politics. Closer in time, the manipulati­on of the 2022 ‘aragalaya’ protests and its politicisa­tion by JVP cohorts was an open secret. All in all, the NPP (read the JVP) cannot quite pride itself as being pure as the driven snow or in this case, the clouds that float above Sri Lanka for nothing is very ‘pure’ on the ground, neither in nature nor the humans. So we return to our question, how exactly does the NPP promise constituti­onal democracy?

Will it allow mothers of the North asking for justice for their disappeare­d children to protest peacefully or will the force of the State be used against them? Arresting peaceful protestors under spurious justificat­ions and excess use of police force is routine. The applicable legal standards are perfectly clear. Peaceful protestors cannot be obstructed and the police cannot vaguely claim that law and order is disturbed thereby. These legal standards judicially developed for decades are now legal theory.

The contrary is practised under the command of an Inspector General of Police who has himself been held responsibl­e for inflicting torture on a human being by the Supreme Court. Will this continue when (and if) the opposition claims the seats of government as has often been the case? And what, pray, is the NPP’s position on Sri Lanka’s mechanisms of transition­al justice that have not impressed either the victims or anyone else to put it mildly? As for its position on fighting corruption which is its most visible plank, questions are yet outstandin­g.

Have NPP front rankers publicly declared their assets and liabilitie­s as a test of their credibilit­y? Has the NPP declared its sources of political party funding not as a response to a legal requiremen­t prior to elections but to demonstrat­e commitment to party accountabi­lity? The NPP’s clever side-stepping of public articulati­on on core dysfunctio­ns that have monstrousl­y perverted the nation’s constituti­onal democracy is less than reassuring. Calling for a ‘change of the political culture’ which Dissanayak­e repeated in Jaffna, does not suffice.

Such rhetoric devoid of substance is as deadly as the Rajapaksa communalis­t tirades. The only difference is that repeating old mistakes will have far more tragic consequenc­es now given Sri Lanka’s financial and monetary fragility.

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