A statement by army commander Lt. General Fonseka published in the National Post in Canada, saying that “I strongly believe that this country belongs to the Sinhalese, but there are minority communities and we treat them like our people,” has led to many comments by various groups who have pointed out that this undermines the nature of Sri Lankan society, where all citizens belong to the nation and are equals.
However, the army commanders statement to the effect that this country belongs to the Sinhalese can, under the present context, be challenged by the Sinhalese themselves, on the basis that under the present conditions the nation does not belong to anybody except a few who abuse power and sections of the army and the police who act outside the law. The ordinary Sinhala citizen, like also the Tamil or Muslim citizen, has lost any basis on which the people could claim that this is my nation and my rights are protected within this nation. All citizens share a common psychosis of fear, stress and distrust. The ordinary citizen in Sri Lanka is exposed to the Kafkan syndrome.
A few recent incidents will illustrate the factors that have destroyed the sense of belonging of the citizens. A medical doctor, Dr. WDL Indunil of Hambanthota district, a young lady, made a complaint one year ago about a physical assault by an army officer. A case was subsequently filed against the officer following which she received constant death threats from this officer, about which she complained to the police authorities. On the 29th of September she was shot dead, allegedly by this same officer. The Government Medical Officers Association threatened a nation-wide strike as the police failed to arrest anyone regarding her murder. Subsequent to the threatened strike the officer was arrested.
The senior attorney and well known human rights lawyer Mr. JC Weliamunas residence came under a grenade attack on the 27th of September. He clearly stated that this cannot be related to any personal matter but is a result of his work, which is mostly anti-corruption and human rights abuse work, in which the alleged perpetrators are senior politicians and state officers. In a rare move of solidarity, over 300 lawyers took part in a demonstration demanding immediate investigations and actions by the police. The European Union, the Embassy of the United States in Colombo and many international organizations condemned the attack and called for inquiries. However, on the 30th of September a person tried to forcibly enter the office of Transparency International (TI), situated in a high security zone, where Mr. Weliamuna usually works. He is the executive director of TI in Sri Lanka. While TI staff prevented the intruder from entering someone arrived on a motorbike and whisked him away. Now Mr. Weliamuna and his family have had to relocate, for their own safety.
Sugath Nishanta Fernando was a complainant in a bribery case and a torture case against the police. He had received death threats demanding that he withdraw his cases. He made complaints to all the authorities in Sri Lanka requesting protection against such death threats. International organizations also made representation on his behalf to the Sri Lankan government. However he was assassinated in open daylight on a public street in Negambo on the 20th of September. Two lawyers who had appeared on behalf of Nishanta Fernando also received threatening calls to abandon the case and their matter was taken up by the Bar Association of Sri Lanka.
Earlier, Gerard Perera, another torture victim who was to give evidence in a High Court trial in a torture case against several police officers, was also assassinated in open daylight on a public bus.
These are just a few samples of incidents which are taking place routinely throughout the country. These particular incidents were from areas which are far away from the conflict zones where the army and the LTTE are engaged in a war. Even for people who are living in these peaceful areas of the country, life is what is being reflected in these stories.
The spread of lawlessness destroys the very social fabric which is essential to create a sense of belonging. Today lawlessness has so disrupted the nation that it is not possible for anyone to feel that he or she would not be a victim of an incident similar to those described above.
The development of this state of affairs has many decades of history. In a well-known book called Emergency 58 by the celebrated writer Tarzie Vittachi had the following paragraph in the conclusion:
While repressive legislation and irksome, outmoded attitudes which had kept the masses in thrall had to be hurled away without delay, it was vital for the peace and order of the country, especially in times of rapid social change, to preserve and strengthen the rule of law and the authority of the officers who enforce the law. This salutary rule was ignored and even spurned in the extravagant mood of enthusiasm in which the Government tried to meet the massive problems that challenged its capabilities.
Repressive legislation undermining the rule of law and the authority of the officers who enforce the law affected everyone irrespective of what race they belonged to. One has only to recall the repression of the JVP in 1971 and the 1986 to 1991 periods to reflect how ruthlessly large numbers of persons were made to disappear and many subjected to torture and extrajudicial killings. The rule that persons can be extrajudicial killed after arrest, thus, denying them the protection afforded even to combatants under international law was established during these repressions where the victims were predominantly Sinhalese. The destruction of the trade unions and the denial of peaceful avenues for making protests has been on all citizens irrespective of race. Torture which is a routine habit in even investigations into crimes under the penal code takes place in every police station throughout the country as demonstrated by the thousands of cases that have come before the Supreme Court. The suppression of all the public institutions before and after the 17th Amendment has made everyone powerless before the draconian rule of the executive. Widespread corruption is having a bewildering impact on everyone. Suppression of the media denies freedom of expression and the right to information to everyone. The use of violence in elections and various forms of defrauding the ballot has denied the right to democratically elect a government which is a matter of prime importance to everyone.
Under the pretext of struggles for development and counter-insurgency the fabric of Sri Lankan society has been destroyed. It is the protectors that have destroyed the very thing that they have been given the duty to protect. It is this that the army commander has failed to realize. If he thought that the nation has been protected for one particular race, he has in fact mistaken an illusion for reality.
The mindset reflected in the army commanders statement reminds us of an incident played out by Charlie Chaplain, in which his character pretends to be a watch repairer. A person brings a watch and wants it to be repaired. The character examines the watch with a stethoscope and finds it makes no noise. With the view to cure this, he takes a hammer and smashes the watch, and then the destroyed parts are given back to the bewildered customer. This is the same manner in which the way Sri Lankas protectors have “saved” the nation.
