dissentingdialogues

ISSUE N˚ 2 FEBRUARY 2011 As the second issue of dissenting dialogues goes to press, we join in worldwide celebrations of the ongoing democratic revolution in Egypt, itself sparked off by an uprising in Tunisia. The Egyptian uprising, which has tremendous regional and possibly global consequences, REFLECTIONS ON CLASS IN POST-WAR came against a background of simmering unrest directed at SRI LANKA Sunil Bastian p 3 a dictator who presided over a brutal, authoritarian regime. This regime was distinguished by its incarceration and WOMEN WORKERS AND THE STRUGGLE torture not only of its own dissidents but of prisoners FOR LABOUR RIGHTS “renditioned” to it by the CIA, the denial of basic Rohini Hensman p 7 democratic rights on the pretext of fighting Islamism, and rising youth unemployment and inflation. A PORTRAIT OF STUDENT POLITICS IN PERADENIYA Although the timing and form of Egypt’s popular revolt Interview with dissenting dialogues p 11 could not have been predicted, an examination of the recent history of Egypt contextualises the forces at work. LURCHING TOWARDS EXTREMISM For a start, we cannot avoid looking at the recent history of Tisaranee Gunasekara p 16 neoliberalism in Egypt, its relationship to the authoritarianism of President Hosni Mubarak’s POLITICS AND IDEOLOGY IN THE SINHALA PRESS: A SITE OF POWER AND STRUGGLE government, and the regime’s relationship to imperialism. Sumith Chaaminda p 20 The post-war history of Egypt also charts and indeed defines the historical trajectory of Third World sovereignty. MY LIFE AND JAFFNA Egypt’s revolt has to be understood in the context of the Sharmila Haneefa p 25 progressive socialist, anti-colonial struggle for national self-determination of the Bandung era from the 1950s until A REVIEW OF THE INTERNATIONAL TAMIL the liberalisation of the economy in the 1970s, the WRITERS’ CONFERENCE – 2011 International Monetary Fund’s “restructuring” in the early Kanaganayagam Valethanchan p 27 1990s, and the recent capitulation to the accumulation strategy of global finance capital. BOYCOTT CALLS AND INTERNATIONAL ENGAGEMENT Sivamohan Sumathy & Mahendran Thiruvarangan p 30 How did the anti-colonialism of the Bandung era succumb to imperial interests, and how have external actors 1972 IN RETROSPECT strengthened current ruling regimes? What was the Jayampathy Wickramaratne p 33 relationship of these successive regimes to the military, and how did that impact on state-society relations? What was the role of neoliberal policies over the last three decades in consolidating the power and fortunes of the dissenting dialogues is a social justice magazine that seeks to ruling regime? How have those policies, in turn, affected expand the space for dissent and critical dialogue on Sri Lanka. The the rural and urban poor and the working classes? What magazine is currently facilitated by the Sri Lanka Democracy Forum with participation and contributions by others committed to a just, has been the response to such exploitation and plural and democratic Sri Lanka. dispossession in the form of struggles? Why did those past e-mail to: [email protected] struggles fail to make major gains, and how have those ISSUE N˚ 2 FEBRUARY 2011

who are economically disenfranchised shaped the present ideology in the specific forms neoliberalism assumes in revolution in Egypt? These questions are important not each national context. We need to examine its dependence only for Egypt and the Arab world, but for many other on authoritarian state apparatuses in certain contexts, the parts of the Third World, as we reflect on arguably one of social formations it spawns, the redistribution of wealth, the most important moments thus far in the twenty-first dispossession of subaltern classes, and rising inequalities it century. typically entails. One of the most remarkable aspects of the revolution has For the moment, Sri Lanka’s capital markets have been been its broad class and multi-denominational flooded by capital flowing from the west, while China and composition. The diverse democratic base of the India are making massive investments in infrastructure. Sri movement that came together at Tahrir Square was Lanka’s post-war moment, characterised as one of inspiring because of the alliances that were born out of “stability and security,” has added to the boost in euphoria, struggle, between men and women, workers and students with a real estate boom centred on tourism. and, in particular, Coptic Christians and Muslim Brotherhood activists raising their clasped hands and At the same time, debates surrounding the future of the chanting “Muslims, Christians, we are one” together with “national question” as a political problem related to secular activists. Furthermore, we must recognise the fact devolution have intentionally been displaced by the that "democracy" for many of the Egyptian trade union, rhetoric of development, although it should be abundantly student and social movement activists does not mean clear that the character of development depends critically liberal democracy alone, but encompasses economic on the manner in which this political problem is handled. redistribution and social justice. Furthermore, uneven development and the sharpening of the rural-urban divide, as well as the divide between the In Sri Lanka right now, some regions are yet to recover Western Province and the rest of the country, are from two waves of severe floods affecting over a million symptoms of the centralisation of power, which has people. The rehabilitation of those affected by floods will paralleled increasing income inequalities over the last augment the efforts and challenges of rehabilitating those many decades. Ideologically, the Sinhala-Buddhist affected by the war and the tsunami - some populations, nationalist manoeuvre of the Rajapaksa regime is one that particularly in the East, have been affected by all three. can further entrench authoritarianism and facilitate The repression, attacks on the press, and the climate of fear neoliberal development, while undermining the characteristic of the war years are continuing. Almost two democratisation of state and society. years after the war, the state of emergency continues and In this global and national context, dissenting dialogues the Prevention of Terrorism Act has not been repealed, seeks to address some important debates on while the powers of the executive presidency have been democratisation and social justice in Sri Lanka. In this consolidated further by the controversial 18th Amendment. issue, we examine the Rajapaksa regime’s economic Despite all these aggravated problems facing the whole outlook, including: the continuities and shifts from over political system, the political actors are in full swing for three decades of open economic policies, the manner in the upcoming local government elections. Why and what which Sri Lanka managed the impact of the war in relation for? to its liberalised economy, the impact of economic changes There has been much emphasis on the Rajapaksa regime’s on women’s labour as the major earner that sustained the authoritarianism and populism rising out of the war balance of payments, and the tremendous costs to victory, but little analysis of the continuities and shifts in workers’ rights. We also attempt to bring out the voices of the realm of economic policies. Such an analysis can draw women workers and student activists to highlight their upon Sri Lanka’s rich tradition of political economic importance for future struggles and changes. Some of the analysis addressing questions around intermediate classes articles engage with the contours of Sinhala-Buddhist and regimes, the impact of the open economic reforms and nationalist ideology and its relationship to the Rajapaksa emergence of free trade zones, the youth uprisings and regime, and the contestations around such ideological their relationship to youth unemployment, and the questions in relation to political-economic issues. Other character of state-led development and social welfare. articles look into responses within the Muslim and Tamil communities to the post-war predicament. There are In light of the global economic crisis of 2008, perhaps the articles that look at recent literary conferences, the deepest crisis since the great depression of the 1930s, new problematic boycott calls from external actors, and the questions have emerged about the legitimacy of debates they have engendered. Finally, there is engagement neoliberalism as an ideology and the changing character of with the history of constitution writing to understand the its practice. We need to understand the relationship challenges of power-sharing and the problems of between global political economic forces and neoliberal centralisation of state power.

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REFLECTIONS ON CLASS IN POST-WAR SRI LANKA

Sunil Bastian

The military defeat of the Liberation This was due in part to the Tigers of Tamil Eelam in May 2009 concentration of the economy in is certainly a watershed in the recent areas best endowed with history of post-independence Sri infrastructure and other facilities, Lanka. Similar turning points were away from war zones. The the July 1977 election and July 1983 liberalisation of the economy also anti-Tamil violence. The United made external conditions much National Party regime of 1977 not more important for economic Sunil Bastian is a political only inaugurated the more market- growth. So long as global markets economist. His research interests oriented phase of capitalist demanded domestic products and include the politics of the history of development open to global the government could ensure ideas in development and markets, but also established a security in the economically more highly centralised presidential form important areas, growth could be development of capitalism in Sri of government through the 1978 sustained. Lanka. He has published widely and Constitution. The architect of these is the editor of Devolution and changes, J. R. Jayewardene, argued The victory over the LTTE in May Development in Sri Lanka (1994). He for the need for a powerful 2009 has reunified the entire island co-edited Assessing Participation, A executive in order to implement territory of Sri Lanka. The military Debate from South Asia (1996) with economic reforms. The events of machinery and draconian “anti- Nicola Bastian, and Can Democracy July 1983 aggravated the unresolved terrorist” laws that accomplished be Designed? The Politics of national question, creating a this feat now try to ensure at any Institutional Choice in Conflict-torn situation where a part of Sri Lanka cost the kind of political stability Societies (2003) with Robin in the northern and eastern that is considered essential for a Luckham. His most recent provinces came under the control of good business climate. This effort publication is The Politics of Foreign the LTTE. This in turn led to the has already created a better intervention of India in the Sri environment for economic Aid in Sri Lanka, Promoting Markets Lankan conflict and a modicum of expansion with a deepening of and Supporting Peace (2007). From reform to the centralised state capitalist relations. With active state 1995 to 2007, he was a Senior through the 13th amendment of the support, local and foreign business Research Fellow at the International 1978 Constitution, under the interests are now poised to make use Centre for Ethnic Studies, auspices of the Indo-Lanka Peace of new opportunities. A mix of Colombo; and from 2007 to 2009, Accord of 1987. political coercion and liberalised he was Chairperson of the Board capital characterises post-war Sri for the Centre for Poverty Analysis. Although the civil war adversely Lanka. He has more than two decades of affected the Sri Lankan economy, experience working as a consultant the latter did not collapse in the The apologists for the Rajapaksa in the area of development, focusing manner usually depicted in the regime, especially those from the on rural and social development in literature on internal conflicts. On left, like to point out that it is the contrary, Sri Lanka maintained opposed to neo-liberalism and the plantation sector. Recently, he an average GDP growth of 5.1 therefore its policies differ from has worked on the issue of percent from 1978 to 2009 those of the UNP inaugurated in development and conflict. according to Central Bank statistics. 1977. This view misrepresents

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history, ignoring the fact that no regime that ruled Sri prevailed under previous regimes during the post-1977 Lanka since 1977 adhered to orthodox neo-liberalism, period. The most striking is the refusal to consider any because the process of opening up the economy was reform of the dysfunctional, bloated state sector. The homegrown. President Jayewardene, the chief architect of Rajapaksa regime is ideologically committed to the state the “open economy” in Sri Lanka, first attempted to sector, which has expanded under its patronage. Even the actualise these ideas in the mid-1960s, when the UNP 2010 budget committed to increase the number of white- was in power. Upon assuming executive power in 1977, collar jobs provided by the state. he changed the course of the economy by opening up markets, giving greater prominence to the private sector In post-independence Sri Lanka, the commitment to a and foreign trade. True, from this point onwards there large state sector has come from various political was a lot of pressure, especially from multilateral aid currents. Contrary to widespread belief, it was not only agencies, for Sri Lanka to adhere to orthodox neo- the left that favoured an important role for the state. The liberalism. But if we look at the historical record, we see right also looked towards the state to achieve various a mixed bag where some parts of the neo-liberal formula development goals, especially in the era of five-year were implemented, and others ignored. The exception to plans of national development, before neo-liberalism this general trend was “Regaining Sri Lanka”, the 2001 became hegemonic, displacing such ideas as import- election manifesto of Ranil Wickremasinghe, which was substituting industrialisation. For example, the UNP ideologically committed to a pure form of neo-liberalism. regime of 1947 and the S.W.R.D. Bandaranaike But this regime was short-lived and few of these policies government of 1956 looked towards the state for were actually implemented. Although neo-liberalism is industrialisation. For the left, state control of the main the ideology of global capital, the Sri Lanka experience sectors of the economy was an important step towards shows how capitalism evolves as a result of interactions socialist transition. For Sinhalese nationalists too, the between global forces demanding open markets and state was instrumental to achieve various nationalist particular interests dominating local politics. goals, such as redressing economic discrimination committed during the colonial period and protecting the The ideology of the Rajapaksa regime combines a economy from foreign domination. Across the political continuation of the market-oriented capitalist spectrum there existed an agreement that the state would development begun in 1977, a centralised state exercising play a leading role in providing education, health care control over the entire territory of the country, and the and other welfare measures. hegemony of Sinhala-Buddhist nationalism. In macro- economic policies the broad framework of the post 1977 While these were the principal ideological currents with “open economy” remains. The 2005 United People’s regard to the role of the state in the economy, in actual Freedom Alliance manifesto articulates this in the operation the state sector was used for various other following manner: “A national economic policy will be objectives. Among many things, it became a means of formulated with positive attributes of free market settling scores with political opponents by nationalising economy with domestic aspirations in order to ensure a their assets - a source of employment for political modern balanced approach where domestic enterprises retainers and a source of patronage for the politicians of can be supported while encouraging foreign the regime in power. The state sector that is defended by investments” (Mahinda Chintana: Towards a New Sri the Rajapaksa regime is full of these characteristics, and Lanka, 2005). The stress here is on rates of growth. When one does not see any serious attempt to link it with any one compares the 2005 and 2010 manifestos of the long-term economic vision. Two powerful political UPFA, the complementary emphasis shifts to the idea of currents now oppose any reforms of the state: “openness to the world” and making Sri Lanka a “hub” of intermediate classes aspiring for white-collar jobs within many things. The 2010 manifesto promises to make the the state, and Sinhala nationalism that has been defending country a naval, aviation, commercial, energy and a centralised state. In many instances these two forces knowledge hub (Mahinda Chintana: Vision for the come together in support of the state. Future, 2010; Central Bank Report, 2009). Large-scale infrastructure projects are rationalised on this basis and These criticisms of the role of the state in the Sri Lankan the Rajapaksa regime wants to attract foreign investment. economy should not be understood as support for neo- Basil Rajapaksa, the President’s brother, is in charge of liberalism, where liberalising the market is seen as the the powerful Ministry of Economic Development magic bullet of economic growth. On the contrary, they spearheading all these infrastructure projects. point to a substantial literature on the role of the state in bringing about economic growth with social equity. The Nevertheless, there are also aspects that distinguish the “developmental states” that assumed this responsibility ideology of the Rajapaksa regime from the ideas that played a key role in the rapid growth of capitalism in East

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Asia, first Japan and now China. But what kind of a state the working classes in export-oriented industries and in the can bring about effective growth and equity? It is a state Middle East - a large proportion of whom are women. that has the capacity to represent all identity groups in society rather than sectional interests, not one ridden by In the past, a greater role of the state in the economy was corruption and dominated by the short-term interests of defended on the basis of creating a more equitable society. politicians. The state that the Rajapaksa regime is refusing It is not possible to maintain this argument any more. The to reform - now bloated with an unprecedented number of state controlled by nationalists and intermediate classes ministers - is far from this. will not be able to carry out this role unless it is reformed and assumes a relative autonomy from sectional interests. The acceleration of capitalist development in the post-war A good example is the educational sector. period is bound to intensify class issues and worsen the social contradictions created by 30 years of market- The spread of educational opportunities has been an oriented economic policy. Given the ideology of the important channel of social mobility and a means of Rajapaksa regime, it is unlikely that it will have answers to equalising opportunities. At present, however, state these social antagonisms, which remain to be discussed at education is highly unequal and unable to perform this the level of state policy and production relations, within equitable role. The middle classes, now dominated by which the underprivileged struggle to earn a living. Sinhala-educated sections that have achieved social mobility, are the prime beneficiaries of the current system. At present the Rajapaksa regime enjoys support from the Recall the class-based opposition that arose when the corporate sector - which is pleased with the post-war Chandrika Kumaratunga government wanted to introduce climate of stability - as well as the intermediate classes an equal opportunities bill in 1999, orchestrated mainly by keen on state sector patronage, and the population that the old boys and old girls from the privileged schools in forms the social base of Sinhala nationalism. (A certain Colombo. The bill had the potential to redress the section of the corporate sector also depends on the state to privileges in education enjoyed by the middle classes, promote its business interests.) Victory over the LTTE and among others based on ethno-religious lines. Hence the the peaceful conditions achieved in the country have made combination of class interests and nationalist interests to the Rajapaksa regime hegemonic. oppose it.

The popularity of the government, however, will depend In addition to having privileged access to the well- very much on how the economy performs and benefits the endowed parts of the state system, the middle classes are population at large. At the macro-level, indicators such as also able to secure education through the market. The the budget deficit and government debt will be important expansion of international schools is an example of this in this regard. The latter includes the foreign debt that phenomenon. Contrary to the commonly held view, determines the health of the economy in the external children in these schools do not come only from the account. The focus on these figures by mainstream English-educated Colombo middle class. They cater to a economists and agencies, such as the International wider section of the middle class, whose home language is Monetary Fund, reflects the interests of investors. Investors Sinhala or Tamil. It is not surprising that establishment of will lose confidence if these figures are not maintained at private universities has been proposed by this government. manageable levels. The demand of capital and its This dovetails very well with the interests of the new supporters is to restrict the budget deficit to seven percent middle classes. of the GDP. This magic figure is legitimised by the global capitalist class as being necessary for “development”, While the rising middle classes under a market economy hiding the fact that it represents their own interests. benefit disproportionately both from public and private education, the bulk of the population is educated in state This apolitical discussion on the macro-economy does not schools that are unable to train young people so that they address the political difficulties of achieving this figure. If can achieve social mobility from the opportunities in a the government is to reduce its expenditure, some of the market economy. Those who can afford it send their key areas that must be targeted include defence, children to tuition classes to compensate for poor standards unprofitable subsidies, public sector inefficiencies, the size of teaching in school. But, as revealed by the failure rates of the cabinet and attendant perks for politicians and in key subjects at the G.C.E. Ordinary Level examination, hangers-on. Yet deficit reduction also threatens subsidies the poorer children in these state schools do not get even a essential for vital social services, while undermining basic education, let alone any training, to make them investment in sectors necessary for the well-being of the competent in a globalised capitalist system. This problem population as a whole. Finally, the foreign exchange demands significant investment in and attention to these necessary for taking care of the foreign debt is produced by schools. If the private education sector expands, then

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special schemes will be required to ensure that talented While unskilled female workers toil under these barbaric underprivileged students benefit from it. In the context of conditions to earn valuable foreign exchange, there is very the class forces that dominate the state, however, such little done to protect them. The most important means for considerations receive insufficient emphasis. What attracts reforming the institutional framework within which this more attention is the agenda of expanding opportunities for labour is exploited lies in the regulation of the contract the middle classes, regardless of linguistic background. labour system. In order to protect workers in the countries where they work, there must be interventions in Sri Lanka In terms of production relations, 30 years of the open and globally. Although some work has been done to economy have taken their toll on small-holder paddy regularise the contract labour system, a lot remains to be agriculture. At present it is difficult for small farmers to done. It is especially important to hold labour contractors earn an adequate living only from the land they own. Rural accountable when employers mistreat workers. Pressure households must therefore resort to multiple sources of has to be put on labour-receiving countries to improve their income, among which wage-labour plays an important labour laws so that they conform to international standards. role. In some areas, small farmers are earning an income through out-grower systems or value-chain agriculture. Such institutional reforms must go hand in hand with direct challenges to the discourses that seek to justify the Capitalist development in Sri Lanka, as witnessed exploitation of women’s labour. Common among these is elsewhere, has greatly increased the number of people the “blame-the-victim” response, which points the finger at depending on wages. This working class forms the largest exploited women, accusing them of seeking a level of social group in the country today. It is made up of different income that they cannot achieve in Sri Lankan society. socio-economic strata in both the formal and the informal They are blamed also for abandoning their traditional role sectors. Some find work through international labour as mothers. One can hear all kinds of sexist comments markets such as those in the Middle East. It is important to about these women, blaming them for the problems they make a special note here about women, who have entered face. When middle classes see that these workers are able the labour force in large numbers. Female labourers in the to enjoy some consumer goods, they pass elitist and plantations, garment factories and Middle East earn a hypocritical judgements about their consumerist desires. significant proportion of our foreign exchange. People interested in the well-being of these women workers must challenge such discourses. For those interested in class issues in the context of developing capitalism, it is necessary to examine It is possible to analyse each of the production relations mechanisms of surplus generation in each of the mentioned above and identify institutions and discourses production relations mentioned above. Along the crucial that need to be challenged and reformed if we are to ensure elements to be analysed and reformed are institutional that a greater share of the value generated goes to the mechanisms responsible for surplus extraction as well as exploited. This has to be done both within the country and discourses that sustain these institutions. A critique and globally. Globalised capitalism creates resistance at the transformation of such institutions and discourses will be global level. As a result, there is an active struggle to crucial in order to increase wages and improve the working improve the global standards of social justice and develop conditions of the exploited. mechanisms to ensure that these are implemented within states. The struggle for social justice in a context of For example, the exploitation of female labour in the globalised capitalism needs to make use of these global Middle East labour markets is facilitated by institutions standards. and discourses similar to those that exploited indentured labour in the plantations. First, labour contractors hire the For those who claim to be from the left, one of the most women. The more intermediaries there are in this important challenges is to rethink their faith that the recruiting process, the greater the initial cost of finding existing state will ensure economic growth and social employment. Then, these women are contracted to work equity. This does not mean placing hope in free markets. for a particular period in a specific location, usually in a What we need is a new type of state that can ensure household, where it is difficult for labour laws to penetrate. efficient capitalist growth, equity and personal freedom. Whatever the conditions are in these households, the hired The liberal discourse of “good governance” can be used to worker is expected to fulfil the contract. Violation of the begin this debate. It focuses largely on the procedural contract is seen as a criminal offence. Sometimes passports aspects of policy making. This has to be supplemented by a are taken from workers so that they do not run away. close look at the substantive issues. Methods of controlling labour, including various forms of violence, are primitive to say the least. They recall the experiences of plantation workers en route to their estates.

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WOMEN WORKERS AND THE STRUGGLE FOR LABOUR RIGHTS

Rohini Hensman

The economic liberalisation policy of designation of practically all J.R. Jayewardene’s United National enterprises as “essential services”, Party regime, starting in 1977, was crushing any possibility of a strike. It accompanied by brutal attacks on the was followed by the dismissal of tens trade union movement and workers’ of thousands of workers. Many rights in Sri Lanka. By the end of the others lost their jobs as the “open 1980s, Sri Lanka's once-strong economy” made it impossible for the labour movement had been enterprises in which they were decimated. The fight to revive it has employed to compete with imports. had its victories and defeats, and continues to this day. And women Similar violent tactics were used to workers in particular have played, prevent workers from unionising in and continue to play, a major part in the new export-oriented production this struggle. sector dominated by the garment industry, in which the overwhelming Economic liberalisation and majority of workers were women. attacks on workers’ rights Polytex Garments, established in the Ekala Industrial Estate in Ja-Ela In 1981, the Civil Rights Movement under the Greater Colombo compiled a list of dozens of incidents Economic Commission in 1978 since 1977 in which trade unionists (changed to the Board of Investment and workers had been physically in 1992), provides an interesting assaulted, leading to injury, example of the growth of militancy hospitalisation, and at least one in this sector, where most of the death. The Jathika Sevaka workers came from rural areas and Sangamaya - supposedly a trade were new to industrial employment. union affiliated to the ruling UNP, In March 1980, the workers walked but behaving more like storm out in protest against low wages, troopers - carried out these assaults long working hours, a half-hour Rohini Hensman is a writer and with the open connivance of the lunch break, no leave, compulsory researcher who was born and police. Victimisation of workers and overtime, and restrictions on using brought up in Sri Lanka, which is the trade unionists who failed to fall in the toilets of which there were only setting for her second novel, Playing line with the new regime was the four for a workforce of 800. Lions and Tigers. She lives in Bombay order of the day. Management responded with a and has been active in the trade lockout. The women turned to more union and women's liberation Participants of a half-day strike and experienced workers in other movements, as well as anti-war picketing called by the Joint Trade factories in the vicinity, who helped Union Action Committee for 5 June them form a branch of the Ceylon campaigns and struggles against the 1980 were attacked with stones, Mercantile Union. With the CMU’s oppression of religious and ethnic clubs and a bomb. A protest general help, they got victimised workers minorities in India and Sri Lanka. strike called by the JTUAC for 18 reinstated, a one-hour lunch break, Her publications include books and July was preceded by the declaration more holiday pay, a higher annual numerous articles on these issues. of Emergency Rule and the bonus, and more toilets.

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However, in 1982, conditions deteriorated. There was providing multiple services: supplying legal advice and another round of victimisations of trade unionists and representation as well as personal counselling; fostering workers, and the women came out on strike again. This solidarity for struggles; organising discussions and time strikers and picketers, including those who were educational sessions; and starting street drama, song and pregnant, were brutally beaten by the police and JSS dance troupes that allowed women workers to express thugs, and activists were hunted down and put in jail. The their problems and sufferings. It is also noteworthy that Women’s Centre, which had been set up a few months the Women’s Centre provided shelter to Tamils during the previously by socialist feminist activists, including 1983 anti-Tamil pogroms, and helped local Tamil families Kumudini Rosa and Kumudini Samuel, became the rebuild their destroyed homes in the aftermath of the operational centre where the Polytex workers planned violence. Following this, it organised exchange their struggle. With its help, women worker activists got programmes between Tamil tea plantation workers and legal help to get detained organisers released, helped the free trade zone workers, and later also with Tamil and families of detainees and women workers to survive, and Muslim women workers in the North and the East. obtained solidarity from the locality, other trade unions, and other women’s organisations. In the course of the The struggle for democracy struggle, the women left the CMU and joined the Industrial, Transport and General Workers’ Union. At the end of 1994, a new government and President Eventually the strike was won in January 1983, with Chandrika Kumaratunga from the People’s Alliance came reinstatement of the victimised activists, recognition of to power, and a slow and painful process of restoration of the union, a wage hike, and other gains. But it was not democracy began. But any move to establish trade unions long before harassment, assaults, and suspensions and in the free trade zones was resisted fiercely by employers. layoffs based on trumped-up charges resumed. In the face of threats that they would pull out their investments, the government backed down, allowing only If trade union organising was difficult outside the free “employees’ councils” and not trade unions in the free trade zones, it was impossible inside. The first to be trade zones. The expectation was that these “employees’ established was the Katunayake Free Trade Zone, councils” would be dominated by management, and inaugurated in January 1978; subsequently, two more would give the illusion of collective bargaining without were established at Biyagama and Koggala. The the substance of it. In many cases, this is what happened. government saw these sites as “trade-union-free” zones, In other cases, however, workers struggled to gain control in which the labour laws of the country would not apply; over the employees’ councils and sometimes succeeded, investors were promised a docile and hard-working turning them into de facto plant-based unions. The Joint labour force. Electrified fences and security guards at the Association of Workers and Employees’ Councils of the gates kept out union organisers, while workers who Free Trade Zones of Sri Lanka was set up to support showed any propensity to organise or protest against them. In cases where the employees’ council acted as a intolerable working conditions were dismissed. Here, too, union, it was treated like one by the employers. For the vast majority were women workers from rural areas, example, in 1999, in Fine Lanka Luggage (Pvt.) Ltd., two who lived in boarding houses where four to eight women members of the employees’ council were dismissed on were crammed into one small room, often without a fan, trumped-up charges, and when workers went on a one- in which they had to cook, eat and sleep. They day token strike in protest, they were locked out. complained that the machines were treated better than the workers, because when machines broke down, they were Employees’ councils also started getting affiliated to the repaired, whereas when workers fell ill, they just had to Free Trade Zones and General Services Employees’ go on working or lose their wages. Long hours, Union in order to obtain the advice and support they compulsory overtime, and restrictions on going to the needed to win their struggles. But workers were still toilet made them feel like slaves. At the end of the 1980s, being made to believe that they would be dismissed if after Ranasinghe Premadasa became President, things they joined a union. (Consequently, even by the end of became much worse. Workers who made the slightest 2010, there were only eight recognised unions in the protest against injustice could expect to lose not just their Katunayake Free Trade Zone with some four more in the jobs, but also their lives; dozens of workers were process of being formed, and no unions in about 60 other abducted and killed, or disappeared. enterprises.) However, one sign of progress was the decline in sexual harassment, abductions and rape of In a situation where union organising in the free trade women workers, which were at one time rampant. zones was impossible, women’s organisations like the Women’s Centre and Da Bindu played a critical role, On 31 December 2004 the Multi-Fibre Arrangement, contacting workers in their boarding houses and under which individual developing countries were

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allotted quotas for textile and garment exports to 1980s, has gone up to around Rs 3,000. At the end of developed countries, was terminated. Shortly after, a 2010, workers were getting a basic salary of only Rs large number of small and medium factories were closed; 6,700 per month, despite the fact that the government’s the total number of garment factories in Sri Lanka fell own estimate was that a family of four needed an income from 832 in 2004 to 403 in 2006. Most were shut down of Rs 32,270 per month to survive. Workers were not without notice and without making statutory payments to only unable to send sufficient money home to their workers. When the Labour Department took legal action families, but could not feed themselves adequately. to recover the statutory entitlements of workers who had Labour Department figures showed that 60 percent were lost their jobs, it was impossible to do so in many cases anaemic, and undernourished women were producing because the owners had left the country, or had low-birth-weight infants with an abnormally high rate of mortgaged their moveable and immoveable property to disabilities. A vicious circle had developed, whereby banks. The FTZGSEU and Women’s Centre made a series women who went to their villages for marriage were of proposals to prevent such problems arising in the coming back to work because they were unable to make future, including introducing legal provisions that require ends meet in the village, while other women were leaving companies to give three months notice before closure, their jobs because the pay was so low and conditions so amending the Companies Act so that amounts payable to harsh. President Mahinda Rajapaksa had promised an workers become the top priority among the obligations of increase of Rs 2,500 in wages when he was campaigning a company being closed, establishing trust funds for re-election in January 2010, but workers in the free maintained by investors and using those funds to fulfill trade zones had received only Rs 500. A massive obligations to workers if the companies fail to do so, and campaign by trade unions and other organisations for a 30 providing a social security allowance to dismissed percent increase in wages for all workers, inside and workers until they find new jobs. outside the free trade zones, was underway in late 2010 and early 2011 - using petitions, pickets, demonstrations Recent problems and human chains to press for the demand.

The global economic crisis of 2008 was used as a pretext Meanwhile, an increase in the number of married women for a new assault on jobs and employment conditions, and with small children has created a childcare problem. on this occasion too, workers who lost their jobs were in Although women get three months maternity leave, there many cases deprived of their Employees Provident Fund are no day-care facilities at the factories. The Women’s and Employees Trust Fund payments, and sometimes Centre started a day-care centre to meet the need, and at even of outstanding wages. The President of the Garment the end of 2010 it was looking after 17 children, but Factory Owners’ Association told local newspapers in could not meet the demand. March 2009 that 40 factories had been closed down and 50,000 workers had lost their jobs. Yet the government Recently, after the end of the war in 2009, Tamil workers reported that export income had grown by 7.9 percent from the North and the hill-country were being brought in between February 2008 and February 2009, and that there to fill vacancies in factories. There were around 150 in was record-breaking growth in the apparel sector! How Katunayake. Nittambuwa Crystal Martin Pvt. Ltd. had was this result achieved? Most of the fringe benefits, brought Tamil workers from Vavuniya, giving them including attendance allowance, transport facilities, food different uniforms from Sinhalese workers and allowance and incentive payments, were cut; workers accommodating them separately. Wattala Timex was were made to start work at 6.00 a.m. but allowed to reported to have brought workers, including children as punch their cards only at 7.00 a.m., so that they were young as 13 years, from the camps. These workers were doing one hour of unpaid and unrecorded labour. And given lower salaries, made to work longer hours, and verbal abuse and coercive measures were used to make taken straight from their boarding houses to work and the remaining workers work harder. An ominous back by the company, making it difficult for Sinhalese development, as in the case of APM Private Ltd. in workers to contact them. In fact, Sinhalese workers were Katunayake, was that production was subcontracted to threatened with disciplinary action if they spoke to Tamil informal workplaces outside the zones - where piece- workers, creating fresh problems for union organising. rated workers, who were not covered by any labour laws, carried it out. The European Union Generalised System of Preferences+ Facility The other major problem, that continues today, is a drastic reduction in real wages as a result of rapid From the early 1990s onwards, consumer campaigners inflation. One index of this is that the monthly rent for and labour rights activists in Europe and North America boarding-house accommodation, around Rs 300 in the put pressure on their brand-name companies and retail

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stores to ensure that the garments and other products they Against Torture, the Convention on the Rights of the sold were produced by workers whose rights were Child, and the International Covenant on Civil and respected. After some resistance, these companies Political Rights, which includes the right to life, freedom adopted codes of conduct, which stated that the from cruel, inhuman or degrading treatment or production units in Third World countries from which punishment, freedom from slavery, servitude or forced or they sourced their products were abiding by ethical compulsory labour, freedom from arbitrary arrest or standards. However, the company codes were weak and detention, equality before the law, equal protection of the tended to focus only on emotive issues like forced labour law, freedom from discrimination, freedom of thought, and child labour, without referring to the right to unionise conscience and religion, freedom of expression, freedom and bargain collectively. of association including the right to join trade unions, right of peaceful assembly, right to take part in the In response, activists formulated model codes - based on conduct of public affairs either directly or through freely the International Labour Organisation’s Core chosen representatives, and the right to enjoy one’s own Conventions - dealing with freedom of association and culture and use one’s own language. the right to organise and bargain collectively, the elimination of forced labour, the abolition of child labour, The government spurned repeated invitations to discuss and freedom from discrimination in employment and these problems, denouncing them as interference with Sri occupation. Many of these codes also brought in gender Lanka’s sovereignty, and the GSP+ facility was withdrawn issues left out by company codes. But who would on 15 August 2010. It is notable that the regime in power monitor the implementation of these codes? Unless was interpreting “sovereignty” in the now obsolete manner governments support these rights and workers are used by absolute monarchies. By contrast, Sri Lanka’s empowered to monitor codes, implementation will be Constitution, despite its failings, states that sovereignty elusive. resides in the people; and if the people were to exercise their sovereignty, they would need all the rights upheld by The EU’s GSP+ facility can be seen as an extension of the three conventions mentioned above. If it is assumed the idea of codes of conduct. It was extended by the EU that the Sri Lankan government represents the people, one to economically vulnerable developing countries, which would have to conclude that the people are demanding the had ratified and effectively implemented 27 international “right” to be tortured, the “right” to have their children conventions in the field of human and labour rights, exploited and abused, and the “right” to be stripped of all sustainable development and good governance. It allowed their rights, including the right to life. A far more plausible for duty-free access to the EU market for a wide range of explanation is that the government does not represent the products, and was thus an incentive to comply with these people, at least on this issue. Indeed, the workers blame the conventions rather than a penalty for failing to do so. The government for the loss of the GSP+ facility, citing its fact that this status was granted to Sri Lanka in July 2005 failure to respond to numerous letters from the EU, and are is testimony both to the success of the efforts of labour demanding that the government get it back. rights activists and human rights defenders in the country, and to the government’s efforts to democratise the A campaign to put pressure on the government to comply country after the mid-1990s despite the war. The GSP+ with the conditions for reviving the GSP+ facility could, if facility allowed Sri Lanka to export more than 7,200 successful, result in far more durable gains than a 30 products duty-free to the EU. This was seen as a form of percent wage increase, which might easily be eroded by development assistance, with a built-in mechanism to inflation in a short period of time. Strengthening rights ensure that it would not simply go into the pockets of would help to ensure a pattern of development in which the corrupt politicians and bureaucrats and unscrupulous benefits are shared by all, instead of being monopolised by employers, but would benefit the majority of the a small elite, as they are at present. And by projecting a population. The implementation of the conventions, like goal that is shared by people of all communities, it would good governance, would prevent corruption and empower build solidarity between them and combat the divide-and- ordinary citizens to control and monitor development rule strategy that has allowed an authoritarian state to programmes. substitute its own sovereignty for the sovereignty of the people. However, as the account above suggests, standards began to slip again during the regime of President Rajapaksa, I am grateful to Padmini Weerasuriya, Sriya who first came to power in 2005. An exhaustive Ahangamage and Chandra Dewanarayana of the investigation by the European Commission launched in Women’s Centre in Sri Lanka for providing me with October 2008 and completed in October 2009 found that information as well as copies of their book, We Have Sri Lanka was not in compliance with the Convention Arrived, and their magazine, Shramika.

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A PORTRAIT OF STUDENT POLITICS IN PERADENIYA

Interview with dissenting dialogues

In January 2011 dissenting dialogues talked to three but that’s not why I support the JVP. The JVP is University of Peradeniya student leaders about youth concerned about class politics and has stood for the rights unemployment, the curtailment of free education in light of workers, and all members within the party are equal. of the possibility of private universities, the broader Furthermore, the economic policies of the JVP are sound, economic prospects university students of their and given the current situation, there is a need for such generation are facing, the response of the government to policies. For example, when it comes to education, the student unrest, democratisation after the war and JVP campaigns for free education. Next, the JVP is problems for minorities. Nuwan Rumesh, 24, Chamila concerned about the prices of goods and the increasing Samaranayake, 24, and Chandana Wijesinghe, 24, are all cost of living. In my village, not only the municipal from the Southern Province. workers but also the JVP members assist in the cleanup of our village. Most people join the UNP and SLFP for Rumesh comes from the Hambantota District. He was the money or economic concerns, but now I feel more and secretary of the Peradeniya Student Union last year and is more people will move towards the JVP. a supporter of the Janatha Vimukthi Peramuna. Samaranayake comes from the Galle District and is a Samaranayake: My grandfather was a strong SLFP supporter of the Sri Lanka Freedom Party. Wijesinghe supporter and, because I was close to my grandfather, I comes from the Matare District and contested the also got involved. The UNP does not have a good leader. Southern Provincial Council elections for the United While my brother is a UNP supporter, I am nevertheless a National Party. All three students belong to the Arts supporter of the SLFP. In my village, the UNP has some Faculty and are studying archaeology, political science power, the SLFP is also strong, but the JVP doesn’t have and sociology, respectively. They are the first generation a presence. The war is over because the SLFP was able to in their families to attend university. finish it. While there is a move towards capitalism, there is nevertheless much government intervention. The SLFP dissenting dialogues has tried to capture the vibrant spirit policies now are a combination of the promotion of the of the students’ discussion, to share their views and private sector and state intervention. I don’t support the concerns with our readers. The conversation was SLFP unconditionally; I support it because I agree with conducted in Sinhala and translated into English. its policies. If there is an alternative party with better policies, I may change in the future. dissenting dialogues: Could you speak about how you became politicised and how you got involved with Wijesinghe: I come from a strong UNP-supporting political parties? family. My uncle is a local leader of the UNP, and my uncle influences our family on political matters and that Rumesh: My interest in politics was influenced by is how I contested elections. From the time of reading Marx as an advanced level student. Some of my independence to now, Sri Lanka is where it is today relatives had supported the SLFP in the past, and one of because of the UNP. We have a forced capitalism in Sri my mother’s relatives had supported the JVP in the past, Lanka and the left parties cannot survive in that system.

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Therefore, what is suitable for Sri Lankan party politics is dissenting dialogues: What do you think of the quality of either the UNP or SLFP. The UNP is a bit close to the education? west and at times servile to the west. So, [President] J.R. [Jayewardene] was like that and close to the west, but Samaranayake: I come from a working-class family. [President Ranasinghe] Premadasa was different and And I am quite happy about my stay at the university. We more inward looking. Again, [opposition leader] Ranil were seen as people who could not achieve anything, but [Wickremasinghe] was close to the west, but Sajith now I have gained confidence and the social skills Premadasa, [MP for Hambantota District, son of former necessary for my future. But one problem with the quality President Premadasa], is different. So that relationship to of education is that lecturers are not interested in the west also changes. teaching, they are more involved in outside teaching to make money. There are problems like that. dissenting dialogues: Could you speak about the education system and university education in particular? Rumesh: Our literacy levels are high and the intellectual abilities of our people have improved. So, we cannot say Rumesh: I believe free education is important and good. the education system is poor. But there needs to be a But these days, the emergence of private education is focus on education leading to jobs. worrying. For Sri Lanka, private universities are a problem; it will cost lakhs of rupees and people cannot dissenting dialogues: All three of you agree that job afford that. Even within the free educational system, opportunities are lacking. To what extent is the job students have to pay more in the form of fees for market a problem of the local economy and to what university-related services. So, even for us, the costs are extent is it a factor of the global economy? To what increasing, as many of the resources in our universities extent is it a problem of policies in the country? Or is it are given to private interests. For example, if you take our more of a structural problem with our economy, so that IT centre, they conduct courses for outsiders for a cost. perhaps even a change of government may not change the When we go to the IT centre, we cannot use it because job market? Historically, one problem some social courses are conducted for outsiders. This is due to the scientists have identified is that, due to the free education lack of funds for the universities - and that is because policies in Sri Lanka, there have been high rates of money is allocated to the ministers and their offices and literacy and a good number of university graduates, but vehicles. Not only universities, but the entire education not enough white-collar jobs. How do you understand system is at a critical juncture. For example, when you this problem? have these international schools, and students go to the international schools, and then student numbers in the Rumesh: We need to change the structure of our government schools drop, the government schools are economy towards manufacturing. In my village, farmers closed. are susceptible to all forms of crisis, from floods to diseases affecting plants. There again, new technologies Samaranayake: This can also be because the funds are important. We buy everything and we don’t tap into allocated for schools are not enough, and there are not our resources. enough teachers. But students graduating from universities don’t have jobs, while there are not enough Wijesinghe: We need to change our agriculture with new teachers in schools. Why aren’t university graduates technologies, and again our universities and education absorbed as teachers? can contribute. The government is only focusing on service industries and we are not manufacturing anything; Wijesinghe: Professional jobs in the medical and and so our country is dominated by multinational engineering fields are there. But for arts and science corporations. Because of the Mahaweli scheme a few graduates, the job market is very difficult. Therefore, the decades ago, at least there was some progress made with state needs to employ them in the state sector. The lack of agriculture. [The Accelerated Mahaweli Development jobs is a big problem. Programme is the largest development project in Sri Lanka to date, providing irrigation to a number of Samaranayake: I am not against private universities. But districts; it started in the late 1970s.] such private universities should be affordable. And we are worried that while there need to be avenues for higher Samaranayake: Everyone from our universities wants education, the private universities will undermine state government jobs. Even though the number of graduates is universities, as greater resources eventually go to the increasing, the numbers of jobs is not increasing. We private universities. need to find ways of creating jobs; just giving

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government jobs will only become a burden on the Samaranayake: The common man has not seen any economy. change. Cost of living is continuing to increase. dissenting dialogues: The government is focused on Wijesinghe: The current government might continue to building infrastructure, whether it is roads or ports. Do win the elections, but nothing will really change. you see that as a priority? The President has also stated that Sri Lanka needs to become a financial and trade hub dissenting dialogues: Now that the war is over, do you of Asia. Do you agree with that? Is this the way to go? think the country is becoming more democratic or is it becoming more authoritarian? Is there adequate freedom Wijesinghe: During [Prime Minister] Sirimavo for journalists? Is there space for dissent? Do people feel Bandaranaike’s time in the 1970s, they were trying to go confident about protesting? with agriculture and local manufacturing; that is with the closed economy. That was the right direction. We need an Rumesh: Now there is no law against hooting in Sri emphasis on agriculture and manufacturing and less of a Lanka, there is no law against picketing. But about 20 priority on services. university students were arrested recently for such protests. I don’t see any expansion of democracy. dissenting dialogues: Even though you support the UNP, Journalists are not writing what they want to write. Even are you saying J.R. Jayewardene’s open economy policies students are not saying what they want to say. If this were wrong? continues, even though the war has finished, there might be another war between the general populace and those in Wijesinghe: Yes, I think they were wrong. It may be power, because of the rising authoritarianism. good for a country like Singapore that can develop itself only using services, but not for Sri Lanka. Samaranayake: Sri Lankan democracy cannot be compared to democracy in other countries. Democracy Rumesh: Last week there was a cartoon in the can be different in America versus Sri Lanka. The UK newspaper. There are nice roads in Sri Lanka on which democracy is not the same as democracy in Sri Lanka. people are walking and falling because they don’t have The democracy here was given so the British could food and they are starving. Roads are important, but they control Sri Lanka. There hasn’t been much change after are only important if there are products. When we don’t the war in either direction of democratisation or even have coconuts, what is the point of roads? authoritarianism.

Samaranayake: I disagree. If we want development like Wijesinghe: After the war, the Rajapaksas have gained the west, then we can’t say we don’t want to be a hub or some ascendancy, but Sri Lanka has always had this kind that we don’t want roads. Roads connect other cities with of dynastic politics, if you take the Bandaranaikes, the capital and therefore they are important for the Premadasas and so on. So, after the war, there is a major development of the country. If something that is produced consolidation of family politics, in controlling politics in a village cannot be taken to the capital, then it becomes and the economy. It is getting worse, where the a problem. government has become like a company. There are also close ties between the military and the family. Going after dissenting dialogues: Many economists argue that former army general Sarath Fonseka is one aspect of that. income inequality has increased since the 1970s. Do you The family is also controlling the media. There is no real see that continuing? Secondly, now that the war is over, dissent. When we look at all this, there is clearly an do you see the economy improving? emerging authoritarianism. All of it is not visible, but everything is politicised, including government servants. Rumesh: We need to stop this increase in income inequality. The workers are not paid a fair wage and that Samaranayake: With the war, people gave too much is the problem. Real wages have not increased. power to the government and the military. People felt it is okay if they take all the power and win the war. It should Samaranayake: There will always be classes. That will not be that way. They did their job of winning the war, not change. but the people should not give up all the power.

Rumesh: Has that not changed in other countries? Next, dissenting dialogues: Is there a problem for minorities in if the economic policies continue as they are, even with this country? the end of the war, nothing is going to change.

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Rumesh: Although the highest percentage is Sinhalese, Rumesh: In theory, it has already been achieved through compared to the Tamils and Muslims, we should not see a parliament, provincial councils, municipality and local difference when it comes to politics. bodies. In America, the states have some power and the central government has others. In Sri Lanka, also for Samaranayake: Any country has more than one race. development, such devolution is good. But with an Except perhaps a few countries, like Japan. So, Sri Lanka executive presidency this will be unsuccessful. is not unique. Everyone should stay together. But, at times, the minorities should respect the wishes of the Samaranayake: There is a division of power but majority. Likewise the majority should be aware of the implementation is the issue. No one should be given minorities. Democracy gives power to majority anyway. independent powers. The Indian system works because the central government has power. So, any devolution Wijesinghe: This division of majority and minority was should be under the rule of the central government. created by politics. When we have divisive politics, including majority-minority divisions, and then the Wijesinghe: I also agree that the Indian system is government makes policies to cater to these divisions, we suitable for Sri Lanka. The Sri Lankan provincial cannot achieve a common goal. We have two or three councils have fewer powers. The Indian state system is major religions, three races, but within these groups there good. But the powers should be given to all provinces, are a lot of divisions. For example, the Sinhalese have up- not just for the North and the East. country and low-country divisions, Tamils have up- country and Jaffna divisions, then there are caste Rumesh: Devolution is compulsory for development. divisions - so we need to forget these divisions and try to The centralisation of power leads to dictatorships. go for a common place for everyone. When devolving power, such devolution should be for all the provinces, Samaranayake: With the presidential system, the power without having special devolution for any one province. should be with the central government. It is enough to implement the present provincial councils system. Rumesh: Although everywhere it is said that in a democracy everyone should be treated equally, practically Wijesinghe: I believe the provinces should be reduced that doesn’t happen. For example, if we look at the from eight to five. There was a proposal during colonial North-East, the wonderful treatment for Hambantota is times for five provinces. I think that would be the ideal very different from the North-East. When it comes to number for Sri Lanka, and then they should be given religion, the main place is given to Buddhism compared powers similar to the Indian states. to Christianity and Islam. So then how can we say that we should not have majorities and minorities? Do Tamils get dissenting dialogues: What do you think of Education the same facilities as Sinhalese? They don’t even have Minister S.B. Dissanayake’s call for compulsory military voting rights because the government doesn’t allow them training for all new university students? to vote. Rumesh: Education and military are two different things Samaranayake: Everyone only talks about the and should be kept separate. There is already a physical discrimination of minorities by the majority. What about education program within the university that could be the discrimination of majority by the minorities? How used to help students gain a sense of discipline and build about Thesawalamai [customary laws that apply to leadership character. Last year, the students went to meet Tamils in Jaffna]? the Education Minister, but it is difficult to talk to him. He shouts at us. Wijesinghe: We should use legal policies for helping minorities, now that the war is over. Government Agents Samaranayake: This approach might backfire on the and the police should include minorities. Racial feelings Minister. The students and the Education Minister are not make people do unpleasant things to minorities. This also willing to have a dialogue. Students have had an applies to caste and class. It is very difficult to stop the education, and they should speak out when they don’t divisions. agree with something. The Education Minister just says he will put the students in prison. This is a very wrong dissenting dialogues: What do you think of devolution? thing to say. Even though I am from the ruling party, I Do you think devolution is necessary to address the don’t agree with this. This kind of military training will concerns of minorities? push Sri Lanka towards military rule.

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dissenting dialogues: There was a lot of student unrest last year. What do you see happening now? What do you Key-figures Budget 2011 think the students after you will do? How do you think (In million Rupees) students will engage in politics? Government Expenditure 1,080,968 100.00 % Recurrent: 622,847 Samaranayake: University students should protest. Capital: 458,121 When there are some injustices against society, students should protest without party loyalties. The general Education 30,726 2.84 % population may not understand all the issues, whereas Recurrent: 26,857 trade unions and students tend to understand these issues, Capital: 3,869 and they have a responsibility to protest.

Rumesh: Students are being repressed. If they protest, Higher Education 21,065 1.95 % they might be suspended or they might be arrested. So Recurrent: 12,699 what we see is that democracy has been suspended by Capital: 8,366 such repression. From what I know, democratic space only emerged through these kinds of protests. Even Youth Affairs 8,575 0.79 % though there is repression, protests will continue because Recurrent: 3,575 we have that political culture. Capital: 5,000

Wijesinghe: The Education Minister is very stubborn. Health 62,259 5.76 % Therefore, he will definitely bring private universities and Recurrent: 48,126 he will force military training. So the next few years, the Capital: 14,133 student movement may see students being suspended, students going to jail and even students dying. But the Agriculture 29,028 2.69 % student movement will become stronger. If they shout at an army person, he will just take the orders, but students Recurrent: 25,447 are not like that and they will protest. Capital: 3,581

Samaranayake: Given the problems with jobs, and so Highways 102,230 9.46 % much corruption, and the repression of students, there Recurrent: 112 might be a major struggle. So the government should Capital: 102,118 avoid that by democratising the country, giving more freedoms and listening to the youth. Defence 215,219 19.91 % Recurrent: 202,248 Wijesinghe: Like the 1970s and 1987, again youth unrest Capital: 12,971 is building. Unemployment and economic difficulties are contributing to that. Even if it is not to the extent of the Source: Appropriations Bill for Financial Year 2011 previous decades, youth unrest is likely. Issued on 11.10. 2011 Minister of Finance and Planning

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LURCHING TOWARDS EXTREMISM

“…making the community more fanatical and exploiting the resulting fanatics.” -Viktor Klemperer, The Language of the Third Reich Tisaranee Gunasekara Buddhist shrines are becoming war memorials: Sri Lanka plans to build nine stupas (Buddhist religious edifices entombing holy relics) in the nine provinces of the country, to mark the victorious conclusion of the long Eelam War. The first stupa is already under construction in the historic Mahamevna Uyana1 in Anuradhapura, in close proximity to Sri Maha Bodhiya.2 “…making the community more official project of the Sri Lankan fanatical andThe exploiting choice of the the location state. is no It accident. will be The funded 2,300-year- by state resulting fanatics.”old park, which containsallocations many religious and public structures donations, built -Viktor Klemperer,by ancient The Language Sinhalese kings,and the is army of enormous will provide religio- labour of the Third Reichhistorical significance topower. Sinhalese The Inspector Buddhists. General Soon it of will become home to thePolice Sandahiru presided Seya over (The the Stupa inaugural of Buddhist shrinesthe are Moon becoming and war the Sun),fundraising built by President ceremony Mahinda for the memorials: Sri RajapaksaLanka plans to to mark build his historicproject, victory at a templeover the in Liberation Panadura: 3 nine stupas (BuddhistTigers of Tamil religious Eelam. “The IGP requested the people to edifices entombing holy relics) in buy tickets or to contribute for the the nine provincesThe of stupa the country,-building to programmeworthy cause is more by cash than ora personalkind. The mark the victoriousproject conclusion of the Rajapaksas of Kalutara or a political Govt. project Agent of Kamal the the long EelamUnited War. The People’s first stupa Freedom Padmasiri Alliance sold government. the first ticket It is to anthe is already underofficial construction project in of the the SriIGP. Lankan Police state. officers It will engagedbe funded in historic Mahamevnaby state allocations Uyana 1 in and selling public donations, tickets at and the the inaugural army Anuradhapura, willin close provide proximity labour to power.ceremony The said Inspector they had General a positive of Sri Maha Bodhiya.Police2 presided over the responseinaugural from fundraising the public.” ceremony4 for the project, at a temple in Panadura: “The IGP The choice ofrequested the location the people is no to buyPerhaps tickets building or to contribute nine stupas for is the not accident. The worthy 2,300-year-old cause by park, cash oran kind. inapt The way Kalutara to commemorate Govt. Agent a which containsKamal many Padmasiri religious sold thewar first that ticket began to withthe IGP. a “miracle”. Police structures builtofficers by ancient engaged Sinhalese in sellingThe Fourth tickets Eelamat the inauguralWar was kings, is of ceremony enormous said religio- they had a positive response from the 4 precipitated by the decision of the historical significancepublic.” to Sinhalese LTTE to close the Mavil Aru Buddhists. Soon it will become anicut; as the resultant crisis moved home to the SandahiruPerhaps building Seya (The nine inexorablystupas is not towards an inapt its way violent to Stupa of the Mooncommemorate and the Sun), a war thatdénouement, began with the a South “miracle”. of the island The built by PresidentFourth Eelam Mahinda War was precipitatedsuccumbed by to athe collective decision “vertigo of the Rajapaksa to LTTE mark to his close historic the Mavil ofAru intoxication”5. anicut; as the5 In resultant temples crisisacross victory over themoved Liberation inexorably Tigers of towards the country, its violent innumerable dénouement, Buddhists the 3 Tamil Eelam.3 South of the island succumbed to a collective “vertigo of 5 claimed to have seen Budu res, intoxication” . In temples(halos across of the light) country, emanating innumerable from The stupa-buildingBuddhists programme claimed isto haveBuddha seen Budu statues. res, (halos This of light) mass more than a personalemanating project from of Buddhathe hallucinationstatues. This lasted mass forhallucination three days Rajapaksas or lasteda political for threeproject days of andand was was publicly publicly hailed hailed by by Sinhala Sinhala Tisaranee Gunasekara is a writer livingthe United in People’shardliners Freedom associated withhardliners the regime associated (especially with the the Jathika Hela Urumaya) as a miracle presaging a Colombo, Sri Lanka Alliance government. It is an regime (especially the Jathika

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Hela Urumaya) as a miracle presaging a victorious war emblematic of this choice since Dutugemunu justified his against the historical enemy by a new Dutugemunu. aggressive war against Elara with the slogan, “Not for the President Rajapaksa was reportedly ecstatic that the first joy of sovereignty is this toil of mine, my striving (has halo was sighted in a temple in his native Hambantota. been) ever to establish the doctrine of the Sambuddha.”8 Spontaneous or manufactured, the sightings were used to create a nexus between war and religion, to depict the war On 4 February, as the President delivered his as a divinely sanctioned enterprise to save Sinhala Independence Day speech, he compared his nation- Buddhism and its sole refuge, Lanka, from enemy aliens, building project with that of Dutugemunu’s: “King a just war to end the holy task begun by the hero-king Dutugemunu commenced his journey to unite this Dutugemunu. motherland with blessings from this sacred land of the deity of Kataragama. Many of the successful freedom Already there are two secular war memorials in the struggles in our history commenced with blessings from North, including one on the shore of the Nandikadal this sacred land of Kataragama. It is with similar lagoon, the place of death of Tiger leader Vellupillai blessings that I, as the leader of a mature democratic Prabhakaran. The political inanity and moral insensitivity nation, take on with responsibility and confidence, the of building victory monuments while most of the task of this era - to align you in the forefront of a rising displaced Tamils lack basic facilities (including adequate nation of Asia.” shelter) need no belabouring. Now the North and the East will get two more war memorials in the form of Buddhist Building Buddhist edifices as war memorials in a country shrines. The proclivity of the Lankan state to prioritise where Buddhism is the historic religion of the Sinhalese the renovation of ancient Buddhist shrines and the majority (and almost all Buddhists are Sinhalese) is a building of new ones, often in locations without a single crudely triumphalist move which sends an unequivocal civilian Buddhist, is causing a sense of disquiet among message both to the majority and the minority many Tamil and Muslim inhabitants of the North and the communities. It says, loud and clear, that in the eyes of East. They see these moves as the beginning of a state- the state, the government and the ruling family, the driven religio-cultural and political invasion into victory over the LTTE is not a Sri Lankan victory or even geographical spaces that have been traditionally theirs for a Sinhalese victory but a Sinhalese-Buddhist victory. This centuries.6 The decision to build Buddhist edifices as war choice reinforces the ruling family’s identification with memorials will deepen and broaden this disquiet. Instead Sinhala Buddhism and enhances its image as the of promoting reconciliation and good will, this project is guarantor of a Sinhalese-Buddhist Sri Lanka. likely to worsen the politico-psychological gap between the majority and the minorities. The stupa-war memorial project symbolises the nexus between the ruling family and the Sinhalese-Buddhist Under Rajapaksa rule, Sinhalese-Buddhist supremacism majority/armed forces. The project also provides the is becoming the ruling ideology of the state. Every clearest possible indication that in post-war, post-LTTE aspiring dynasty needs an ideological narrative to justify Sri Lanka, the impetus for extremism is coming from its rule, especially in times of crises. Sinhalese-Buddhist within the bowels of the state - and not from the political supremacism fills this role vis-à-vis the Rajapaksas. fringes.

Systemic extremism This new extremism is not the “frothing at the mouth” variety of racism, which is easy to identify and easier to In his superb narrative poem Wavuluwa (The Tale of the both ridicule and reject. It is extremism with a respectable Bat), Rapiel Tennakoon identifies two ways in which face, because it comes packaged as nationalism and ancient Sinhalese kings related to Buddhism; some used patriotism. That makes it acceptable not just to hardliners Buddhism as a tool of statecraft, to gain and hold onto but even to those who cling to a self-perception of power, while others chose to emphasise the spiritual moderation. Its very insidiousness makes it far more aspect of the religion. Tennakoon uses two famous dangerous than the openly rabble-rousing kind. Since it examples to make his case: King Sirisangabo, who lost emanates from within the state, it has an almost unlimited his kingdom and eventually his head because of his capacity to reach into every nook and cranny of the commitment to the non-violent ethos of Buddhism; and system, and transform it. King Dutugemunu, who “defeated Tamil power by riding on the back of the Sasana.”7 Last month in Pakistan, the governor of Punjab, Salman Taseer, was shot dead by one of his own bodyguards. President Rajapaksa seems to have chosen Dutugemunu Taseer was killed for his ardent support for reforms to as his model. The stupa-war memorial project is Pakistan's draconian blasphemy law. Interestingly, the

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country’s legendary founder, Mohammad Ali Jinnah, did requires a new political commonsense, which equates not introduce blasphemy laws at the birth of Pakistan. national interests with Rajapaksa interests - and by They were enacted almost three decades later by the extension, damns Rajapaksa opponents as traitors to the solidly pro-US military dictator Mohammad Zia ul-Haq. nation. To sustain this commonsense, the Rajapaksas In his first address to the nation (after overthrowing must constantly and consistently present themselves as Prime Minister Zulfikar Ali Bhutto) Zia ul-Haq the chief protectors of the Sinhala nation and the Buddha announced that Islamic laws would replace the existing Sasana, à la ancient Sinhalese kings. This is the rationale legal system and an Islamic society would be established for the stupa-war memorial project and the reversion to a in Pakistan. The new ruler needed to create a support base policy of a “Sinhala Only” national anthem. for his military regime and religious extremism was the weapon he chose to achieve this end. Many of the In theory the Rajapaksas are the guardians of the nation, measures he introduced were profoundly anti-democratic the faith and the armed forces. In reality, all three serve and did not enjoy wide public support at that time. the interests of the ruling family. For instance, after winning the presidential election in 2010, the Rajapaksas But today, a new generation, having grown up under conducted a witch-hunt against Sarath Fonseka loyalists Islamic laws, regards these edicts as the natural order of within the army, axing many “war-heroes” in the process. things and violently opposes any reforms, including to And when the two chief priests of Asgiriya and Malwatte the blasphemy laws. “They are often described as the Zia chapters pleaded publicly on behalf of Fonseka, the generation: Pakistanis who have come of age since the Rajapaksas retaliated by refusing to give the usual import 1980s, when the military dictator, Gen. Mohammad Zia duty rebate to a consignment of school bags and shoes ul-Haq, began to promote Islam in public education and sent to the temples by a well-wisher from abroad. to use it as a political tool,” reported The New York Times. “Today, the forces he set loose have gained such strength Intolerance is thus a hallmark of the new commonsense. that they threaten to overwhelm voices for tolerance in Writing in the aftermath of the Arizona shooting on 8 Pakistan’s feeble civilian government.”9 According to January, targeting US Democrat Gabrielle Giffords, New media reports, many young lawyers, who showered rose York Times columnist Paul Krugman argued, “There’s petals on Taseer’s killer, belong to the Zia generation. room in a democracy for people who ridicule and denounce those who disagree with them; there isn’t any In Sri Lanka, the Rajapaksas are engaged in a radical place for eliminationist rhetoric, for suggestions that transformation of the Lankan state and society, to those on the other side of a debate must be removed from enhance the state’s identification with Sinhalese-Buddhist the debate by whatever means necessary.”10 In Sri Lanka, interests and to make society conform to the cultural eliminationist rhetoric emanates not from the political ethos of Sinhala Buddhism. The ruling family seems to fringe, but from the very heart of the state and forms a believe that such an ideological tectonic shift will part of the dominant discourse. Presidential sibling and strengthen its capacity to hegemonise the Sinhalese South Defence Secretary Gotabhaya Rajapaksa, arguably the and to dominate the Tamil North. The ongoing anti- second most powerful man in the country, epitomises the despotic avalanches in Tunisia, Egypt and Yemen (all violent intolerance underlying the Rajapaksa political three countries were/are under long-term familial rule; in project. For example, when a BBC reporter asked him Egypt and Yemen, a dynastic succession was on the about the possibility of defeated presidential candidate cards) would further strengthen the Rajapaksa conviction and former army commander Fonseka testifying before of the need to develop a raison d’être for familial rule international war crimes investigators, the Defence and dynastic succession which is independent of the Secretary burst out: “He can’t do that. He was the economic progress of the country or the economic well- commander…. That’s a treason. We will hang him if he being of the people. Sinhalese-Buddhist supremacism, do that…. How can he betray the country? He is a liar. He garbed as patriotism, would be ideal for this task, because is a liar.”11 no political party or personality in Sri Lanka will be able to outdo the Rajapaksas, the winners of the Eelam War, The Rajapaksas embody a mindset characterised by on this flank. immoderation and implacability; a mindset that demands its way regardless of consequences, equating dissent with “Eliminationist rhetoric” treachery. This dominant ethos, which regards moderation as unprincipled and compromise as betrayal, is In addition, the Rajapaksas are seeking to achieve transforming extremism into a normal, everyday fact of familial rule and dynastic succession by turning Sri political life and societal intercourse in Sri Lanka. Lanka not into a one-party state but into a state in which Extremism is in the very air we breathe, and we are only one party (the ruling party) wins elections. This

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rapidly losing the capacity for recognising it, let alone resisting its allure and dominance.

1 Mahamegavana Garden (The Grove of the Great Cloud) was laid out by King Mutasiva who ruled in Anuradhapura between 307 BC and 247 BC. 2 The Sri Maha Bodhiya is said to be an offspring of the Bo tree under which Prince Siddhartha is believed to have attained Buddhahood. According to the Mahawamsa and other historical chronicles it was brought to Sri Lanka by Bhikkuni Sangamitta, a daughter of Emperor Asoka of India. 3 President Rajapaksa laid the foundation stone for his stupa- war memorial in October 2009. According to the news telecast of the state-owned Independent Television Network (19.10.2010), the edifice will be 250- ft tall and will require 45 million bricks; the adjacent hall will be built with marbles supplied by Myanmar (Burma). The total cost will come to a massive Rs. 2,000 million (around US$20 million). 4 Daily Mirror – 21.1.2011 5 A term coined by Israeli writer and peace activist Uri Avnery 6 The issue is not about Buddhist civilians building Buddhist shrines in their areas of habitation but about state-driven programmes of shrine building carried out by the army. The first is a fundamental right of all citizens; the second could be pardonably seen as a sign of majority domination. 7 “Sasuna pita nega Demala bala binda” 8 Mahawamsa; p. 171; Dutugemunu also had a relic on his Royal standard and took 500 bhikkus with him to war “for blessing and protection”, according to the Mahawamsa. 9 The New York Times – 10.1.2011 10 The New York Times – 9.1.2011 11 BBC HARDtalk – 7.6.2010

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POLITICS AND IDEOLOGY IN THE SINHALA PRESS: A SITE OF POWER AND STRUGGLE

Sumith Chaaminda

During a recent dinner party for media personnel at President Mahinda Rajapaksa’s official residence, he reminded his guests of the significance of his regime’s development initiatives. “The huge development in the country including North and East can be perceived only by those who love their country,” he said.1 During a recent dinner party for Serena Tennekoon, writing of the media personnelIt is at clear President that President 1977 Rajapaksa’sto 1990 period, unique described brand as of Mahinda Rajapaksa’sparliamentary official populism the exhibits shift a from keener newspaper awareness of residence, he remindedthe importance his guests of of a nationalism certain language to and television register of the significance nationalism of his regime’s than thatnationalism. of his typicalMuch recent forbears, scholarly the development initiatives.Bandaranaikes. “The huge Rajapaksa’s political manipulation analysis of has all forms rightly of development inmedia the to countryconstruct hiscentered public image on the as visual an embodiment media’s role of including North Sinhala and East patriotism can be andin the extending Sri Lanka the Freedom ideology Party’s of perceived only byfielding those who of Sinhalese love nationalism artists, athletes and securingand cricketers consent in parliamentary elections indicates as much. Indeed, noting their country,” he said.11 for its hegemony. What has the live telecast of militaryperhaps operationsbeen lost with on government-this focus is It is clear that Presidentowned Rajapaksa’s TV channels, theespecially continuing during criticality the last phase of the of unique brand ofthe parliamentary war, it seems theSinhala-language historical significance print media of as the a populism exhibitsRajapaksa a keenerphenomenon site should for be political contextualised ideological in terms awareness of theof importance what Serena of Tennekoon, a struggle writing and of thethe 1977 systematic to 1990 certain language period, and registerdescribed of as themanufacturing shift from newspaper of consent. nationalism nationalism than to that television of his typical nationalism. Much recent scholarly political forbears, the analysis Bandaranaikes. has rightly centeredI discuss on the below visual how media’s dominant role in Rajapaksa’s manipulationextending the of all ideology ideologies of nationalism are propagated and securing and forms of media consent to construct for its his hegemony. contested What in has the perhaps Sinhala been print lost public image as anwith embodiment this focus is of the continuingmedia. My criticality analysis, of the based Sinhala- on Sinhala patriotismlanguage and the Sri print Lanka media newspaper as a site for reports political from ideological the past Freedom Party’sstruggle fielding and the ofsystematic few manufacturing weeks, indicates of consent. how an Sinhalese artists, athletes and appreciation of the structural, cricketers in parliamentaryI discuss belowelections how dominantpolitical economicideologies dimensionsare propagated is indicates as much.and Indeed, contested noting in the vital Sinhala to print the media. assessment My analysis, of the the live telecastbased of on military newspaper media. reports We from have the pastto examine few weeks, the operations on government-ownedindicates how an appreciationcriteria of by the which structural, themes political are TV channels, especiallyeconomic during dimensions the prioritised, is vital to the marginalised assessment of the or last phase of the media. war, it We seems have the to examineexcluded the withincriteria the by Sinhalawhich themes press. historical significanceare prioritised, of the marginalised Although or newspaper excluded within reportage the Sumith Chaaminda is a Colombo- Rajapaksa phenomenonSinhala shouldpress. Although be reflects newspaper its specific reportage biases reflects on class, its based researcher. contextualised inspecific terms biases of what on class,nationalist nationalist ideology, ideology, language language

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and community, coverage of recent party political parliamentary elections, party leadership struggles and critiques of the regime, however problematically framed budget debates, this limited idea of editorial liberty by politicians, reveals the Sinhala print media’s potential reveals its true face. For instance, during the campaigning as a space for dissent, to contest the regime’s hegemony. for the last parliamentary election, Lankadeepa provided a significantly large space for the personal campaign of Ownership and political and ideological affiliations Gampaha District candidate Ruwan Wijewardena, a close relative of its owner. Lakbima published many news The print media in Sri Lanka are closely tied to the items and articles on welfare activities carried out by the leaderships of mainstream political parties. The Sumathipala family and especially by its candidate, government-owned Lake House newspapers, Silumina Thilanga Sumathipala. Meanwhile, Divaina gave a and Dinamina, have a history of functioning as prominent place to Nimal Welgama, the husband of its mouthpieces for successive governments, regardless of chairwoman. The opposition leader Ranil which party is in power.2 Interestingly, Lake House is Wickremasinghe once stated in a media conference that accustomed to dramatic changes in its internal he was well aware of those who attacked him from within hierarchies, trade union leadership and patronage Lankadeepa, because nothing happened in Wijaya networks - usually within days of a regime change.3 newspapers without his knowledge. Ravaya has long maintained a relatively balanced position, in terms of the In some cases, political parties are also linked to family political opinions of the editorial and its writers. As stated networks that operate through economic ownership, above, most of the editorial writers and other journalists editorial connections, patronage links and ideological on the paper are more critical of the current regime than support. Lankadeepa (the sister newspaper of the English the founding chief editor who has become a supporter and weekly The Sunday Times) is owned by the Wijewardena even a defender of President Rajapaksa.4 family. The Upali Group, which publishes the pro-Sinhala nationalist Divaina, founded by the late Upali Another important factor in newspaper politics is the role Wijewardena, a close relative of United National Party of market relations in determining, fashioning and leader Ranil Wickremasinghe, is now owned by framing news content and ideological messages. In Sri Wijewardena’s former wife, who is married to a minister Lanka, daily and weekly newspapers are generally in the current government. The Sumathipala family owns dependent on advertising because of high production Lakbima, and has a close patronage relationship with the costs and limited circulation. There is no doubt that this Rajapaksa regime; Thilanga Sumathipala, a former UNP- creates certain barriers for investigative journalism. er who joined the Rajapaksa regime in 2009 is a Colombo District MP. Ravaya is a left-oriented weekly and It is also possible to detect differences in the selection although its founder cum chief editor has become a close and prioritisation of themes between Sinhala- and associate of President Rajapaksa, the other staff members English-language newspapers produced by the same seem to maintain a critical distance from the current publishing house. One of the most interesting examples regime. Iruresa (the sister newspaper of The Sunday of this is how The Island and its sister paper Divaina Leader) is owned by the pro-UNP Wickrematunga family have approached issues related to ethnic relations. Whilst and Lanka is an organ of the Janatha Vimukthi Peramuna. the latter has a record as an organ of Sinhala ethno- nationalist patriotism, and is also an influential proponent Although these political-economic connections do not of the so-called Jathika Chinthanaya (National Thought) automatically reflect the ideological positions of these project,5 The Island is careful enough to avoid using the newspapers, it is safe to say that in many cases they at same type of ethnicised language. This can be partly least impact on the ideological-political space within explained by the sensitivities of different readership which the editors and writers are allowed to exercise their markets. Thus, while Divaina is mostly popular among journalistic liberty. This is more explicit in the case of Sinhala-speaking middle class readers, even in rural Iruresa, Lanka and the government-owned Lake House areas, The Island seeks its constituency among an urban newspapers because of their direct political connections and mostly Colombo and sub-metropolitan-centric and biases. But most of the other papers, including English-speaking readership, containing a significant Divaina, Lankadeepa, Lakbima and Ravaya, try to number of bilingual Tamils and Muslims; hence messages demonstrate that they maintain an impartial position in need to be packaged differently. More generally, news terms of editorial independence, multiplicity of views and items related to external affairs acquire less importance in the formal right to dissent. the Sinhala press than they do in English newspapers. It can also be argued that market competition has made a However, the idea of impartiality is often problematic. contribution to the spread of Sinhala-nationalist During decisive moments of national politics, such as patriotism, especially during the last phase of the war,

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when almost all Sinhala-language newspapers competed illegal and destroyed. Ravaya reported that the police had with each other to exploit the emerging market for ethno- refused to accept complaints made by the inhabitants. national patriotism. The Lessons Learnt and Reconciliation Commission is another event barely reported in the mainstream Sinhala Class, ethnicity and the politics of press coverage media.6 The LLRC was established with the narrow mandate of examining the failure of the Ceasefire The logic governing the inclusion, prioritisation or Agreement between the Sri Lankan government and the exclusion of themes and subjects is determined by their LTTE, from 2002 to 2008. Although almost all relevance to, and power and influence vis-à-vis the newspapers have ignored many important and critical Sinhala newspaper market. Most marginalised issues discussed at the LLRC, the pro-government communities have not only been under-represented but Dinamina gave a prominent place to Sinhalese nationalist also actually erased from visibility in the mainstream Nalin de Silva’s evidence before the Commission. He is media. One of the best examples of this is the Sinhala reported as saying that Tamils have no specific problem press coverage of the so-called “conflict” between because of their Tamil-ness and that the ethnic conflict is peasants and elephants. This issue was generally nothing but an invention of colonialism. approached from an environmental perspective that blamed peasants for the annihilation of elephants in the Recent critiques of the regime country, while not a single article was written from the perspective of the poor peasants who struggle with However, it seems Sinhala papers are less reluctant to elephants for their survival. As some activists working address critical issues when politicians or socially with these rural communities told me, the root causes of influential figures such as religious leaders refer to them. this problem lie in how the planning of agrarian Many criticisms of cases of abduction, murder, and the settlement schemes has been insensitive to environmental emerging trend of organised crime in the Northern issues. This case clearly demonstrates the class politics Province gained wider publicity in Sinhala papers after within print media since the voice of the rural peasantry, a the opposition highlighted these incidents in its news class not included in the newspaper market, is not heard. conferences and public rallies. For instance, UNP parliamentarian D.M. Swaminathan’s statement, critical Meanwhile, the exclusion of certain issues from coverage of the government’s failure to safeguard peace and in the Sinhala press based on the ethnic identity of harmony in these areas, was published almost in full even protagonists is slightly more complicated than it appears in the Sinhala-nationalist Divaina. Some newspapers at first sight. People in the war-affected areas have long quoted the firm statement of the JVP that raging crime in been forgotten or erased from the Sinhala media, the Northern and Eastern provinces is “state terrorism especially during the period of the war when this active against the Tamil people” and that emergency law is anti- forgetfulness was supported by certain stereotypical and democratic and repressive.7 Indeed, this might be dehumanised notions of Tamil separatism, terrorism, and understood as a defensive tactic on the part of journalists even Tamil-ness. Some Sinhala extremists have even in a context of ongoing government suppression of media rationalised the post-war situation in the Northern and freedom.8 Eastern provinces as a necessary price that must be paid by the Tamil people for their illegitimate support of the When it comes to emerging debates on economic Liberation Tigers of Tamil Eelam. development, it is very clear that attention has focused on the subjects of the cost of living, poverty, trade union At the same time, it seems that certain mechanisms of demands and the reduction in government expenditure on governance that go hand in hand with the “military- education and health. One of the themes that attracted development industry” also play a significant role in this huge media attention during the past few weeks was social insensitivity to the problems of internally displaced criticism of the ruling regime from some of its senior persons and people in northern Sri Lanka. Some of these ministers. Almost all the newspapers, except the development-related issues are not actually ethnically government-owned Dinamina and Silumina, reported a specific. For instance, only Ravaya and the pro-UNP minister as saying that the government should not Iruresa were brave enough to publish articles about the jeopardise the long-term economic well-being of the militarised nature of development activities carried out in country and people for its short-term advantage. Another Colombo. Since the takeover of the Urban Development minister suggested the government should break the local Authority by the Defence Ministry, thousands of the monopoly of the stock market by intervening in and urban poor in Colombo have been forcibly evicted from stabilising production. The opposition has also argued their homes. Most recently, some businesses in that the Rajapaksa regime has failed to establish any sort Colombo’s Chatham Street were suddenly identified as of economic stability.

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Significantly, this debate on economic policy is being articulated within the terms of nationalist ideology. A 1 “The huge development in the country including North and significant number of articles were published on the East can be perceived only by those who love their country: government’s decision to employ military forces to sell President says addressing the staff of the Finance Ministry,” vegetables. This happened to be a popular theme among Lankadeepa, 5 January, 2011: 5, Wijeya Newspapers Ltd: cartoonists and the Sinhala-nationalist Divaina dedicated Colombo. its editorial to this issue. It is striking to note how the opposition tries to articulate its criticism of the budget on 2 The Lake House Group or the Associated Newspapers of nationalist grounds, claiming that the Rajapaksa regime is Ceylon Ltd. was founded by D.R Wijewardena, the maternal betraying the country to international capital at the grandfather of the current UNP leader, Ranil Wickremasinghe. expense of the welfare of the people. Another criticism It was taken over or “nationalised” in 1973 by the SLFP-led made by opposition groups is that the government has coalition government because of its long record of UNP completely ignored how military involvement in trade support, and since then it has become part of the propaganda will impede the working of the free market. This free machine of each successive government. market argument has been directed at the business 3 I have recorded some interesting stories about internal politics community by leading pro-UNP economists, whilst the within Lake House. Some of my interviewees say that, soon Sinhala-patriotic critique of economic policies is enunciated by some populist politicians attached to the after the election results begin to show that a new regime will same party. come into power, prominent trade union leaders of the winning party come forward and forcibly remove existing editors and On the one hand, this implies continuity with the dual administrators, even occupying their seats in a self-appointed strategy of capitalist economy and national populism, manner! pursued by pragmatic politicians since 1956. On the other 4 The Ravaya editor has recently invented an interesting theory hand, the recent debates on economic policy given about the term limit of the executive presidency. According to prominence in the Sinhala print media have given rise to this theory, it is justifiable to allow President Rajapaksa to these paradoxical statements in defence of free market contest for his third term because of his historic achievement in capitalism and against it, from a populist positioning. defeating terrorism, but his successors should not have this This could contribute to possible points of rupture within honor, since it is harmful to the future of democracy! No other the ideology of the hegemonic nationalist consensus. If editor or Ravaya writer seems to have shared this naïve that is the case, the heightened importance accorded to argument. economic policy in political discourse could disturb the ideological consensus on which the current regime has 5 “Jathika Chinthanaya” is an ideological project initiated by established its strategy of “rule by consent”9. Sinhalese nationalists Gunadasa Amarasekara and Nalin de Silva in the mid 1980s. It became very popular amongst Mainstream Sinhala-language journalism has been Sinhala-speaking university students against the background of dominated by the prevailing ideological environment of the defeat of the second JVP insurrection in 1989, given that ethno-nationalism, although the emergence of critiques of Amarasekara and de Silva claimed to explain the crisis of state authoritarianism and the economic crisis have Marxism as a total crisis of Western science and philosophy, disturbed and complicated the hegemony of this what they term Jewish Christian thought, and proposed a more nationalism to an extent. One positive development effective and indigenous thought for social change. Champika within the current context is that new debates on the Ranawaka, the founder and the main ideologue of the Jathika contemporary political process have already started Hela Urumaya, was a prominent student of this movement. among some leftist groups and young intellectual circles, some of which have been published in educational and 6 A non-mainstream Sinhala paper named Thulawa, a cultural supplements in Sinhala newspapers.10 Given the publication of National Peace Council, published a full-page emergence of these debates, it is important for critical article on the LLRC hearings in Mullaithivu, in its January intellectuals to think about the Sinhala press as an 2011 issue. It is critical to find alternative channels like this to important site of democratic struggle and find new reach Sinhalese readers. avenues and means of intervening in it.

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7 Characterising the JVP in the current political conjuncture is another significant challenge for the democratic intellectual community. Although the JVP has played a big role in strengthening Sinhala ethno-nationalism as a state ideology, it seems to have emerged as one of the main critics of the current regime’s undemocratic measures, such as the passage of the 18th Amendment. It seems that the JVP is trying, sometimes out of political pragmatism, to demonstrate that it has decisively broken with its past standpoint regarding these issues and is now ready to fight for the democratic rights of all ethnic communities. It has also initiated a poster campaign against the expansion of organised violence in Jaffna and the violation of democratic rights all over the country. 8 The recent attack on Lankaenews, an independent website, shows that media freedom is still distant in Sri Lanka. Many journalists have been killed, attacked and threatened under the Rajapaksa regime; dozens of journalists have fled the country in recent years. The assassination of Lasantha Wickrematunga, the late editor of The Sunday Leader, was commemorated on the 8 January 2011; the police have as yet failed to arrest any suspects in connection with this internationally condemned incident. 9 The ideological consent that President Mahinda Rajapaksa has acquired among some sections of the populace is an important aspect that has been neglected by the widening critical literature on the current regime. The increasingly frequent tendency within such work, that identifies the Rajapaksa regime with Nazism without exploring its historical and political specificities, seems to be responsible for this. 10 Interestingly, it is still possible to find a space for radical thought in some supplements, even in government-owned newspapers. For instance, some interesting articles were published about contemporary radical philosophy in the Lake House papers, while the cultural supplement of the pro-JVP Lanka paper has published articles that are critical of the official JVP party line. This has become possible because some young leftists have managed to take control of these supplements, benefiting from the relative freedom afforded by owners’ and editors’ assessment of them as less significant cultural activists.

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MY LIFE AND JAFFNA

Sharmila Haneefa

This article was translated from the lived our lives surrounded by our original Tamil version into English relatives, as a community. My entire for dissenting dialogues. community - approximately 3,400 families of men, women and I was only 13 when I was driven out children - were forced to leave. In of Jaffna, along with my family. total, about 75,000 Muslims were There were seven of us, but only expelled from the Northern two of my older siblings had got Province. married. A different life On the 30 October 1990, the Liberation Tigers of Tamil Eelam We were split up and sent to camps made announcements throughout in Puttalam, Colombo, Jaffna, asking all Muslims to gather Anuradhapura and Panadura. My at two points. Men were asked to family built a hut in the Saltern come to Ainthu Santhi (Five Way camp in Puttalam. And so, our junction), and women were asked to “refugee camp life” began, ridden assemble in the Jinnah Grounds. We with problems and challenges. were then told we had two hours to leave Jaffna, and that we were not In order to begin our new lives, my allowed to take any of our friend Parvin, a classmate from belongings with us. Whatever we Jaffna, and I met with the principal had brought with us was confiscated of the Fatima Muslim School in by the LTTE at Ainthu Santhi. Thus, Puttalam and asked her whether she we left our homes, our soil, carrying could admit us, but she refused. In nothing but the clothes on our the end, St Mary’s College admitted backs. both of us, and we studied there for two months. But schooling was full Not one person protested, because of hardship, as we did not even have everyone thought we were lucky to money to buy exercise books. We be allowed to leave Jaffna alive. were afraid to ask for money at LTTE vehicles carried us to home. There was hardly anything to Kerethevu, and from there, through eat, let alone money to buy exercise Nachikuda to Vavuniya. books. We were afraid that we would be scolded and asked to wait Sharmila Haneefa belongs to The lives of Northern Muslims until we were in a position to go the Jaffna-Muslim community and is changed profoundly as a result of back to Jaffna to resume our studies. a social activist currently working this eviction. We were a happy and Every day we went to school with a for their resettlement. honourable people in Jaffna. We great deal of sadness. The teachers

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in school hardly took any notice ous. We often talked tree have started to re-emerge, could the Muslims of about our happy and carefree days at school in Jaffna. Jaffna also re-emerge as a community? Despite these difficulties, we kept passing our exams. We continued our studies up to the G.C.E Ordinary Level Although advancing the cause of resettling Muslims has examination. many challenges, I started to work with this group of women on resettlement plans. We held several meetings Then, in 1997, my life took another turn. I started to work with NGOs and government officials and established as a pre-school teacher among people displaced from contacts with Tamils living in Jaffna. But we noticed a Jaffna. But because I had to move away from Puttalam to trace of suspicion among some Tamils, a sense that do this work, there were tensions between my family and Muslims were not sincere in their intentions; that they me. I could not live at home. However, my mother’s were only returning to do business rather than genuinely encouragement kept me going. Her support made life resettle. I felt that people’s rights were being denied. bearable. The resettlement of Tamils affected by the war is already Later, I started to do volunteer work with a non- well underway, and I believe that Muslims displaced by governmental organisation, and had to travel as far as 40 the war, now living in Puttalam, have to return to their km from home. From this point onwards, I started to see original homes as well. Step by step this process is less and less of my mother. I was involved with this local happening. Some people are beginning to make trips to NGO from 2001 to 2003, working closely with women. see their hometowns and villages. As I watched this happen, I realised that some kind of organisation was In 2004 I started to do more work with women, to focus needed to help people with the resettlement process. on issues faced by women, as I learned that the struggles women dealt with were unique to women. I worked on So we formed an organisation, the Jaffna Civil Society issues of gender-based violence and with women affected for Equality, and registered it with the Jaffna Secretariat. I by sexual harassment. In the process, I worked on legal am the secretary of JCSE; and we now have 64 members concerns, relating to the police. I also attempted to set up in a consortium. At this time, a few Muslim university day care facilities. The work I was doing gave me a lot of students are working with us to survey the land. We are happiness and satisfaction. also making efforts to meet with other displaced communities, mainly from the High Security Zones. Returning to Jaffna The objective of our organisation is to make it easier for Once the gruesome civil war in Sri Lanka came to an end people to deal with government departments, particularly in 2009, my gaze turned towards Jaffna. In December in relation to registration issues. Government plans with 2009, I went to Jaffna with a group of women to see what regard to resettlement do not usually give sufficient life was like. I wanted to see my hometown. allowance for problems like lack of land and lack of places to stay. When I ran into broken buildings and houses once occupied by Muslims, I was devastated. The sight of Many Muslim families have returned to Jaffna; about decaying mosques and schools buried in shrubs made me 1,800 families are now resettled. Some rich Muslims sad. have built small houses for themselves and for others.

In 2003, after the road to Jaffna reopened, about 64 I did face a degree of hostility from some Muslim men in Muslim families returned to Jaffna. They restarted their Jaffna, over the fact that women were working on these lives amidst many hardships, often having to live in parts issues. But several others gave a lot of encouragement. I of broken houses. Their suffering increased when fighting am not too bothered by these minor hostilities. My real started again in 2007. Some families had difficulties concern is restoring the dignity of the displaced people. I obtaining food. However, these people were determined know any single person cannot achieve this, but with a never to leave their home soil again. broader, unified, organised strategy, much could be accomplished. I went to see the mosque where I used to worship during Ramadan. The large Madura tree in the front yard was Problems continue to haunt my life. But by starting this still there. Most of its branches had been chopped off; organisation, I think I have scored a victory. only a single branch remained. Yet I noticed that a fresh leaf had sprouted out from that lone branch. A thought Jaffna Civil Society for Equality crossed my mind: just as the branches and leaves of the 84 Navalar Road, Moor Street, Jaffna

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A REVIEW OF THE INTERNATIONAL TAMIL WRITERS’ CONFERENCE – 2011

Kanaganayagam Valethanchan This article was translated from the opportunities for education and original Tamil version into English employment for those who live in the for dissenting dialogues. Northern and Eastern provinces are still inadequate. The blood that flowed in Sri Lanka has dried up and disappeared. The Most importantly, will Sri Lankans war has come to an end. The forget the lessons they learnt when landmines sowed freely are now the ethnic conflict metamorphosed being cleared. into violence? In the context of the continuing presence of Sinhala and But the consequences of the war still Tamil nationalist political bases in remain. In this land marred by the the North and South, a solution that wounds of war, tearful stories takes into account the socio- continue to make their mark. economic and political factors that caused the ethnic conflict, and an We may be able to rebuild the houses offer for devolution of state power, that were destroyed; we may rebuild needs to be found. The absurd reality the shops and offices that were is that those same nationalistic forces demolished and make them function responsible for creating the conflict again. Roads can be constructed; are the only ones available to engage water, electricity, transport and in talks to reach a solution. telecommunication can even be made available. And when these Against this backdrop, intellectuals, facilities become accessible, all those thinkers, writers, journalists and families that scattered away and got creative writers need to function as displaced may return to their bridges to support reconciliation and residences. promote a political solution in the post-war era. Those who have Rehabilitation of those who financial and intellectual potential surrendered to the state takes place at should contribute much to the present. The re-opening of the land activities related to development and route that connects the Northern part rehabilitation. On the Tamils’ side, of Sri Lanka with the South has intellectuals, thinkers, writers, paved the way for the promotion of journalists, literary critics, investors multi-lingual and cultural and entrepreneurs in Sri Lanka and Kanaganayagam reconciliation and understanding. the diaspora community could work Life sprouts. There is hope that it together to initiate projects. Valethanchan is a journalist and will become productive, too. However, this collaboration should media trainer based in Jaffna, Sri not take place with the intention of Lanka. He is also the secretary of But we may not be able to restore promoting the regressive agenda of the Jaffna Social Sciences’ Studies everything that we lost. Many people Tamil nationalism. It should be a Circle, which has been functioning are in the grip of frailty, poverty and socio-economic and political for more than 10 years. psychological scars. And programme that enables Tamils to win

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their rights in a setting where they can live in unity with the views. Furthermore, the organisers made an effort to Sinhalese and Muslim communities. This kind of neutralise the opposition of writers from Tamil Nadu, India. programme should allow the Tamil community to achieve However, they could not win the hearts of the mainstream long-term sustainable development within a united Sri writers from Tamil Nadu. Lanka. Marxist literary theorists invited to the ITWC stated they Amidst these expectations, the first International Tamil would contribute to the conference only if it allowed a Writers’ Conference was held in Sri Lanka’s capital, discussion on the politics of literature, condemned the Colombo, from 6-9 January 2011. Tamil writers living in Sri injustices during the war and emphasised the importance of Lanka and from the diaspora community in Europe, North giving Tamils their rights through a political solution. America and Australia organised the conference, with However, the organisers were careful in ensuring the support from donors. Writers in Tamil Nadu, India, were conference did not have any political motives, given the also invited to participate. current political climate in Colombo. As a result, requests made by the Marxist literary theorists were not accepted. Waves of opposition Understanding the gravity of the situation, the Marxists refrained from participating in the conference without In the weeks leading up to the ITWC, Tamil nationalist criticising or protesting against it. These critics were great in forces from Jaffna, Chennai and cities throughout Europe number, too. opposed the conference. Not only did they refuse to participate in the conference, but they also attempted to Sri Lankan government support disrupt it with calls for a boycott. Meanwhile, left literary figures in Jaffna and Colombo also decided to refrain from After facing challenges from protesters and abstainers, the attending. However, the leftists did not oppose or disrupt the organisers were somewhat heartened by the Sri Lankan conference. But they emphasised that the international Tamil government’s support for the conference. Both the state and writers who were to gather in Colombo should put out a private media in Colombo provided adequate coverage of declaration that condemns the effects of the unjust war and the event. It is remarkable that the state and pro-government call for a political solution. The organisers of the ITWC media in Colombo published news in order to create a were not in favour of a declaration that would appear to positive opinion about the conference among the Sinhalese politicise the conference and encourage the Colombo people. As a result, writers, critics and journalists from Sri government’s eye of suspicion. Lanka and abroad were entertained well in Colombo. This positive move contributed to the success of the conference. In the end, many Tamil writers did not participate in the conference. However, no ministers or important political representatives of the government were invited to this event. Moreover, The absence of many Tamil writers neither the President nor the Prime Minister sent their greetings to the conference. Some dignitaries present at the The very first formal discussion about ITWC was arranged conference did have the view that the organisers should have at the Colombo Tamil Sangam in January 2010. More than sent invitations to the government leadership as a gesture of 180 writers and journalists from the Tamil and Tamil- goodwill, for the conference was organised despite speaking Muslim communities of Sri Lanka were present. enormous external opposition, after 30 years of war, by Later, organisers announced the objectives of the ITWC in Tamils and Tamil writers abroad who were rendered mid-2010, for Tamil writers and thinkers to work towards economic and political refugees. They were of the opinion reconciliation among Tamil writers. Based on these that the President would have participated in the conference objectives, the organisers then sought out advice and ideas and presented his message in person had he been invited. from both local and international writers. Older, experienced One participant said that it would have given the President writers in Jaffna did not express much support for the idea. impetus to move forward with a political solution to the But a number of young writers in Jaffna responded ethnic conflict. When asked why he did not make this positively to the possibility of ITWC being held in suggestion to the organisers, the participant left the Colombo. conversation with a chuckle.

Despite these efforts, extreme Tamil nationalist groups Pluralism and diversity unfold at the conference pointed out inadequacies in the organisers’ objectives. And the manner in which they criticised the conference indicated A few Colombo-based magazine publishers and writers, and their motive to disrupt the event. Also, numerous critics senior university professors from Batticaloa and Jaffna, were hesitant or unwilling to leave their expatriate countries played a key role in preparing the agenda. In fact, the agenda and come to Colombo, to take part in ITWC to share their - the manner in which the sessions were organised, time

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management and the way the contribution of the specialists created by the war crushed the lives of ordinary people. We was handled - was very good. Professors and lecturers from do have literature that focuses on the suffering the people universities in the North and East, University of Peradeniya underwent during the war. and Sabaragamuwa University of Sri Lanka contributed much to the conference by organising panels and We need to accept that Tamil militancy was militarily presentations. Similarly, those from the electronic and print defeated in a struggle that had politically problematic goals, media were very active in some sessions. Those who came but we cannot ignore the stories, poems, plays and cinema from different literary forums in the country, including the that spoke about the people, the scapegoats in this battle, and up-country, brought much to the conference by articulating their blood, tears and sweat. If the organisers and critics had the politics of their own specific context. It was pleasing that brought the literature written during this period to the a considerable percentage of presenters were from the sessions and discussed the politics of that literature, we younger generation. Scholars from Tamil Nadu also would have been able to see the rights and wrongs of the contributed well. struggle. Similarly, the conference kept the literary figures of this period in the dark. If there had been problems in their A great variety of sessions took place: computers and the literary creations, these figures and their true faces could Internet, Sri Lankan-Tamil literature, women’s writings, have been unmasked if their literary works had been taken children’s literature, world Tamil literature, translation, up for discussion. If their work had any justifiable grounds, performing arts, and magazines and folklore. In addition to it should have been discussed and its truthfulness should the presenters, each session had co-chairs, two evaluators have been examined. We cannot simply reject the literature and a coordinator. The presentations and the chairpersons’ produced during a period of more than a quarter of a century remarks were followed by a question-and-answer session as having no merit. Moreover, the literature emanating from where the presenters responded to written questions from the forums that are Marxist in orientation were also not taken up audience. There were three parallel sessions in the morning. for discussion and this is also unacceptable. Sri Lankan Cultural programmes were staged in one session in the Tamil and Muslim literary figures dominated the sessions evening. Besides these main sessions, special sessions were and the discussion, and the contribution of those from the organised, covering: the role of resistance literature in the diaspora was low. trajectory of Sri Lankan-Tamil literature; has the literature about the oppressed communities been given due Although resistance literature and Muslim writing in the recognition?; and has modern Tamil literature reached Tamil language were discussed at the conference, many international standards? presenters and participants failed to see these bodies of writing as contesting the hegemonic character of the Tamil Those who presented and participated in the special sessions literary canon. The challenge put forward by some Muslim discussed and commented on the social and political writers - for Tamil literature to go through a process of self- dimensions of literature, more than those who presented and criticism and to contribute towards reconciliation in the participated in the main sessions. On some occasions, there country between all communities - went unheeded. The were heated arguments between those who had a Marxist response of many participants was patronising and devoid of perspective on literature and those who looked at literature any sophisticated political understanding of Tamil literature. from the point of view of Dalitism. Participants who had a Tamil nationalist perspective also put forward their views, Despite the many challenges this conference encountered, in while ideas centring on Dalitism came largely from terms of opposition, avoidance and lack of engagement on expatriate participants. Although Marxist and nationalist the part of some who were present, and the shortcomings literary scholars avoided and boycotted this conference, and limitations resulting from the exclusion of important some did attend the three special sessions. Expatriate topics and forms of literary works, the conference still nationalist literary figures kept a low profile at the managed to bridge the gap between international Tamil conference. And diaspora participants were hesitant to writers and those writing in Tamil in Sri Lanka. The event express their opinions, with a few exceptions. also provided an opportunity to foster close ties between senior and young creative writers. One cannot deny the fact Topics unspoken and excluded that this conference generated a lot of support for international Tamil writing. Critics often label the literature produced by Sri Lankan Tamils and expatriate Tamils, since 1980, as literature about Tamils worldwide have asked for the International Tamil the struggle. The literature of this period includes work that Writers’ Conference to continue to be organised annually, was produced with a view to carrying forward the with even better outcomes. The hard work and dedication of propaganda machine of the Liberation Tigers of Tamil the organisers of the first conference in Colombo were Eelam. However, not all literature produced during this noteworthy and deserve our praise. period belongs to this category. The burdens and miseries

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BOYCOTT CALLS AND INTERNATIONAL ENGAGEMENT

Sivamohan Sumathy and Mahendran Thiruvarangan

As writers and activists who have independent thought and action, and been working in Sri Lanka for to expand the space for democracy Sivamohan Sumathy teaches democratic change, we were and pluralism. We appreciate shocked and amused by the high- concern for human rights violations in the department of English, powered call for a boycott of the in Sri Lanka, particularly with University of Peradeniya, Sri Lanka. Galle Literary Festival this year. In regard to the sad fate of the missing Her academic work is primarily on January, Reporters Without Borders cartoonist, Ekneligoda. the nation and women, gender, and Journalists for Democracy in masculinity, displacement, Sri Lanka put out an international However, we see this particular citizenship, film studies and media. appeal signed by Noam Chomsky, boycott call as highly problematic. She has written several books, Thin Arundhati Roy, Ken Loach, Antony It had little connection with any Veils: In the Shadow of the Gun and Loewenstein and Tariq Ali, among group working with the people at The Wicked Witch; Performing Act/ others, marking the first anniversary any level in the country. It did not ivism and like myth and mother; a of the disappearance of political engage with the debates that have political autobiography in poetry and cartoonist Prageeth Ekneligoda and already emerged within Sri Lanka asking writers not to attend the around this literary festival. And the prose. As a filmmaker, her short Festival unless “the disappearance protesters seem to have little films Piralayam and Oranges have of Prageeth is investigated and there understanding or desire to won critical acclaim nationally and is a real improvement in the climate understand the social function of the internationally. In 2007, working for free expression in Sri Lanka.” festival in all its diverse with a group of young Malaiyaha manifestations, ignorant of the people, she produced the play The appeal also said: “We believe socio-political trends shaping the Payanangal and launched the this is not the right time for discourses of protest and resistance concept of “theatre of risk.” prominent international writers like within the country. The RSF/JDS you to give legitimacy to the Sri appeal, with illustrious signatories Mahendran Thiruvarangan is Lankan government’s suppression like Chomsky and Roy, compels us an assistant lecturer attached to the of free speech by attending a to examine the politics of department of linguistics and conference that does not in any way international engagement with third push for greater freedom of world countries. English at the University of Jaffna, expression inside that Sri Lanka. His interests include country.” (Emphasis added.) Long-distance protest critical theory, Shakespeare, postcolonial studies and We welcome all expressions of The call for the boycott was the sociolinguistics. His undergraduate international solidarity with the second one in recent months from dissertation was on the narratives people of Sri Lanka. We support people located outside the country. of the Jaffna exodus of 1995. efforts to combat the curtailment of The first was the terribly misguided

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one proposed and disseminated by small sections of the platform is liberal at best and at worst indifferent to the Tamil diaspora and a large number of writers and activists needs of the people of Sri Lanka at large. The price of the from South India, against the first international Tamil ticket is unaffordable to most people in the country. The Writers’ Conference, which took place 6-9 January 2011. de-politicised ways in which literature is approached at When the Tamil-speaking writers called for the boycott of the GLF is an indication of its political positioning. The this conference, they were not thinking of their own event does not have any impact on critical discussions hegemonic positioning outside the country. The conference elsewhere. The Tamil media, for instance, is largely had its limitations, but we should also see it as a forum that unaware of this event. This is probably the case with offered a space for those who write and conduct their mainstream Sinhala media as well. The Sunday Times, the research in Tamil to present their work. official media sponsor, jealously guards its monopoly on having access to the visiting guests. Also, Festival To be confronted with another boycott in the wake of the organisers do not seek to establish connections with first call makes one sit up and take another look at this Tamil and Sinhala literary activities and discussions rather dangerous trend. taking place at universities and schools, such as SLAM, a literary gathering held at the University of Peradeniya At the outset, one is compelled to ask, why even give this recently. kind of credence to an event that comes and goes and has little impact outside of a small circle of aficionados, writers But the GLF is still a forum that engages with multiple and wannabes? What kind of stake does Chomsky have in voices, like any other event in Sri Lanka. It is part of the what goes on in Sri Lanka? Has he even metaphorically local (elites included) network of gatherings and transited through Sri Lanka and its terrible war of 30 years, exchange of ideas. It might not be a platform advocating its bloody periods of violence and continuing repression? social change. But it does, at a limited level, offer a space And why were there no protests against this event in the for discussion. last five years? Even if we are to welcome this move of solidarity, we must insist that all such efforts be informed The call for boycott shows little understanding of the and nuanced ones of protest and support. Of course, we political dynamics of the state and civil society in the recognise that boycotts are a way of articulating resistance country and how they operate. Despite its elitist agenda, and calling for reforms and change; but any boycott action laying emphasis on tourism more than on a political should come out of a political engagement with the actors engagement with literature, the Festival is a meeting point involved, an engagement with people’s agency, desires, of people who read and write English. In 2009, one of the aspirations and actions. In that light, we have to condemn writers of this article, Sumathy, was featured at the this act as irresponsible, careless and seriously uninformed. Festival. The writer talked about mm, a novel by Shoba Sakthi on the history of Tamil nationalism and the idea of Furthermore, the appeal endorses and even embraces a theatre of risk. And again in 2010, she shared a platform dangerous trend of political disengagement, a liberal- with Thava Sajitharan on the story of the Tamil poem, imperial version of the self-destructive politics of the including that of his own poetry. The latter was a free Liberation Tigers of Tamil Eelam. The tone of the appeal event and an unexpectedly large number of Sri Lankans resembles the LTTE’s persistent refusal to examine any turned up, and the writer enjoyed the informal and warm form of political solution to the ethnic conflict other than a atmosphere. Even those who looked like tourists had separate state or its suicidal call demanding that the Tamils something to say about the Palestinian struggle and its boycott the presidential elections in 2005. This suicidal poetry. We could then talk about the translations of approach to politics was destructive for the Tamil Palestinian poetry by M.A. Nuhman and S. Sivasekaram. community. It suppressed discussion and dissent. For us, such generalised acts as the calls for boycott - first of the Moreover, we need to recognise the efforts made by the International Tamil Writers’ Conference and then of the organisers and sponsors to broaden participation in the GLF - are reminiscent of that time of terror. We continue to GLF, in the last two years. This year, the US Embassy in live in terrible times; but the way to confront that is not Colombo sponsored the participation of university through disengagement, but through mobilisation, students from across the country that would normally not discussion and dissent - through greater participation of the have been able to make it. An undergraduate at the people. University of Jaffna said she was keenly appreciative of this fact. For her, this event offered a wonderful Multiple voices: creating space for democracy opportunity to the undergraduates in Jaffna to listen to and interact with international writers and writers from We understand the GLF has its limitations. It largely the South. During the war years, Jaffna was cut off from serves the interests of the corporate sector. Its activist the rest of the country for the most part. For this student,

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the arrogant demand for a boycott made in her name and in the name of freedom of expression had no resonance with her own aspirations, no meaningful engagement with her own predicament, with her own sense of freedom and expression.

One of the debates surrounding the GLF, within Sri Lanka, is the fact that it caters to a small English- speaking audience and is thereby severely limited in scope and depth. But then, almost every conference has its biases. Conferences need to be seen as events that give audience to researchers and writers coming from different socio-economic backgrounds. Many international conferences are held in English, but many of us do not question the organisers for making it mandatory for the researchers to present their work in English. We do not question too vociferously and too widely the deep-seated politics of omissions and commissions, which deserve a lot of critical attention. We have silently allowed the valorisation of the English language at these conferences.

Is it not ironic that international and elitist activism of the kind represented by Chomsky and Roy should think that the “poor” (or rich for that matter) Sri Lankans have no right to have access to Orhan Pamuk and Chimamanda Ngozi Adichie? Are they to be reserved for gatherings in the West and India only? Is Chomsky - because of his high international profile afforded of course by well- funded programmes - free and un-circumscribed by the illiberal politics of the US government and economy? It is ironic that for Chomsky and Roy, the elitist nature of this event, like many other events of this order, poses no problem. One might ask why these activists do not boycott the Booker Prize born of the colonial sweat and blood of the slave trade in the West Indies. They seem more concerned about the fact that the people of Sri Lanka, including its minorities, might take a peek at the prestigious figures on offer than about the potential that such a conference might hold for people here. Furthermore, they totally sidestep examining their own positions within this global-local dynamic. In other words, their action is both patronising and imperialist.

The complete failure of this boycott call to engage with the debates and discussions on the Galle Literary Festival inside Sri Lanka is disappointing. We sincerely hope that international left liberal activism makes a serious effort to engage with the social movements, organisations and the people at the national level. This would make for real social change.

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1972 IN RETROSPECT Originally published in Tissa Jayatilleke (ed), Sirimavo (Bandaranaike Museum Committee, Colombo 2010), “1972 in retrospect” was modified for dissenting dialogues.

One of the most striking achievements of the United Front government headed by Madam Sirimavo Jayampathy Wickramaratne Bandaranaike was, undoubtedly, the First Republican Constitution.

Originally published in Tissa Westminster model, which meant Jayatilleke The (ed), Independence Sirimavo Constitutionthat the Governor of 1947, General1 popularly would (Bandaranaikeknown as Museum the Soulbury actConstitution, on the advice conferred of the dominion prime Committee, Colomboon Ceylon. The 2010), Governor minister. General was By appointed the oath by the of “1972 in retrospect”British sovereign. was The Parliamentallegiance, of senators, Ceylon consisted members of of modified for dissentingthe King/Queen, dialogues. theparliament, Senate and all holders the House of office, of Representatives. Executiveincluding power continued the prime to be minister, vested One of the in most the Crown striking and was exercisedministers by the andGovernor heads General. of achievements ofThe the Cabinet United of Front Ministers departments, was charged and with judicial the general officers government headed by Madam swore to “be faithful and bear true direction and control of the government and was2 Sirimavo Bandaranaikecollectively responsible was, allegiance” to parliament. to the King/Queen. The form 2 of undoubtedly, thegovernment First Republican was in the Westminster model, which meant Constitution. that the Governor GeneralThe would first act move on the towards advice making of the prime minister. By theCeylon oath a of republic allegiance, was senators,taken by The Independence Constitution of the late S.W.R.D. Bandaranaike 1 members of parliament, all holders of office, including 1947,1 popularlythe prime known minister, as the ministerswho, on and becoming heads of Prime departments, Minister Soulbury Constitution,and judicial conferred officers sworein 1956,to “be informedfaithful and the bear other true dominion onallegiance” Ceylon. to the The King/Queen. governments2 of the British Governor General was appointed Commonwealth of Ceylon’s Jayampathy Wickramaratne, by the BritishThe sovereign. first move The towards intention making Ceylonto become a republic a republic was President's Counsel, has Parliament of Ceylontaken byconsisted the lateof S.W.R.D.within the Bandaranaike Commonwealth. who, A joint on been senior advisor in the Ministry the King/Queen,becoming the Senate Prime and Minister select in 1956, committee informed of the the other two of Constitutional Affairs and was a the House ofgovernments Representatives. of the Britishhouses Commonwealth of parliament of Ceylon’s on the Executive power continued to be revision of the Constitution member of the team that drafted intention to become a republic within the vested in the Commonwealth. Crown and was A jointaccepted select committee the principle of the two o f the 2000 Constitution Bill. He was exercised by the Governor establishing a republic within the a signatory to the “majority report” houses of parliament on the revision of the Constitution General. The Cabinetaccepted of theMinisters principle Commonwealth. of establishing a republic It was within also of the panel of experts appointed was charged with the general agreed that the parliamentary form to assist the All Party the Commonwealth. It was also agreed that the direction andparliamentary control of form the of governmentof government would would continue continue with Representative Committee. He is a government andthe was president collectively being a constitutionalwith the presidenthead of state, being the a member of the Central Committee responsible to parliament. The constitutional head of state, the president and thevice-president of the Lanka Sama Samaja Party. form of government was in the president and the vice-president

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would be elected by the Legislature, fundamental rights nominated members and also of the two independent would be recognised, appeals to the Privy Council would members who won their seats with the help of the UF, the be abolished and a court would be established to latter now commanded 124 seats in the 151-member adjudicate on constitutional matters and hear appeals parliament. from the Supreme Court.3 The Governor General, in the course of delivering the Although sub-section 4 of section 294 of the 1947 first Throne Speech of the new parliament, called upon Constitution provided that “in the exercise of its powers the members of parliament to form a Constituent under this section, Parliament may amend or repeal any Assembly in keeping with the mandate asked for and of the provisions of this Order, or of any other Order of given by the people at the general election. The Address Her Majesty in Council in its application to the Island,” of Thanks to the Throne Speech was passed without a the question whether parliament could replace the British division. sovereign who was a source of legal authority of the Constitution and a constituent part of parliament had been On 11 July 1970 the prime minister wrote to all members raised by J.A.L. Cooray, among others.5 Statements made of the House of Representatives to invite them for a by the Privy Council in Ibralebbe v The Queen6 that the meeting to be held on 19 July 1970 to consider and adopt reservations specified in section 29 were “fundamental” a resolution for constituting themselves into a Constituent and in Bribery Commissioner v Ranasinghe7 that section Assembly. The meeting was to be held at the 29(2) was “unalterable under the Constitution,” although Navarangahala, the newly constructed auditorium of obiter, gave support to a move initiated by the Left parties Royal College, Colombo, and not in the chamber of the towards a new “homegrown” or “autochthonous” House of Representatives, signifying the intention of the Constitution with a complete legal break from the UF to make a complete break from the 1947 Constitution. existing constitutional order in preference to amending Dr. Colvin R. de Silva, the Minister of Constitutional the Constitution. There was also a definite trend in the Affairs, emphasised that what was contemplated was not Commonwealth towards enacting “homegrown” an attempt to create a new superstructure on an old Constitutions to replace those given by the United foundation.9 Kingdom.8 It is a matter of great significance that all political parties It was this trend towards and desire for an autochthonous represented in parliament participated in the formation of Constitution that led the Sri Lanka Freedom Party, the the Constituent Assembly on 19 July 1970. Lanka Sama Samaja Party and the Communist Party to not support the call of the 1965 government of Dudley Mr. J.R. Jayewardene, the leader of the opposition, Senanayake to re-establish the Joint Select Committee on joining the debate on the resolution to set up a the Revision of the Constitution. The SLFP, LSSP and Constituent Assembly, while pointing out that the UF had CP, which later combined to form the United Front whilst a mandate only from less than 50 percent of the people, declining to serve on the joint select committee, proposed observed nevertheless that if both sides of the legislature, that a Constituent Assembly be set up to adopt and enact the victors and the vanquished, agreed to make common a new Constitution. cause in enacting a new basic law through a legal revolution, that new law, if accepted by the people, will At the general election of May 1970, the UF, as reflected become the full expression of the hopes, desires and in its manifesto, sought from the electorate a mandate to aspirations of the present generation. permit the members of parliament to function simultaneously as a Constituent Assembly in order to Mr. V. Dharmalingam of the Federal Party, while draft, adopt and operate a new Constitution, the primary questioning the need to go outside the existing objective of which was to make the country a free, Constitution, noted that: sovereign and independent republic dedicated to the realisation of a socialist democracy that will guarantee the fundamental rights and freedoms of all citizens. “We are making common cause with you in enacting a new Constitution not as a vanquished people but as the At the above-referenced general election, 84.9 percent of representatives of a people who have consistently at the voters, a significantly high percentage even for an successive elections since 1956 given us a mandate to change the present Constitution which has been the electorate known for its enthusiastic participation in 10 elections, exercised their franchise. The UF won 116 out source of all evil to the Tamil people…” of 151 seats on offer obtaining in the process 48.8 percent of the total votes cast. With the support of the six

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Mr. S.J.V. Chelvanayakam, leader of the FP, urged the one man too much power… We oppose this Bill firmly Assembly to reach common ground on controversial and unequivocally. It will set our country on the road to issues and quoted Jawaharlal Nehru in support: dictatorship and there will be no turning back. This Bill will mark the end of democracy in Sri Lanka, as the late “We shall go to the Constituent Assembly with the fixed Mr. Dudley Senanayake realised when these same ideas determination of finding a common basis for agreement were put to him in the United National Party.”12 on all controversial issues.”11 The unitary state Mr. V. Anandasangaree, speaking on behalf of the Tamil Congress, stated that his party did not wish to be a Although the Tamil parties expressed their support for the stumbling block but requested the government to be fair Constituent Assembly process, they were to be and to adopt the new Constitution unanimously. disappointed by the substance of the new Constitution. Signifying the acceptance of the Constituent Assembly route towards the adoption of a new Constitution by all Basic Resolution No. 2 proposed by the government political parties, the proposed resolution to form the called for Sri Lanka to be a unitary state. The FP Constituent Assembly was unanimously passed on 21 proposed an amendment that “unitary” be replaced by July 1970. “federal”.

Retaining the parliamentary form of government In a memorandum and the model Constitution that it submitted to the Steering Committee of the Assembly, the Whilst the desire of the UF was to make a complete break FP proposed that the country be a federal republic from the Soulbury Constitution modelled on the British consisting of five states made up as follows: (i) Southern system, it nevertheless considered the Westminster model and Western Provinces (ii) North Central and North of parliamentary government to be suitable for Sri Lanka. Western Provinces (iii) Central, Uva and Sabaragamuwa Provinces (iv) Northern Province and the districts of However, Mr. J.R. Jayewardene, the leader of the Trincomalee and Batticaloa and (v) Ampara district. The opposition and deputy leader of the UNP, proposed the city of Colombo and suburbs were to be administered by introduction of an executive presidency, a proposal the centre. A list of subjects and functions reserved to the opposed even by Mr. Dudley Senanayake, a former prime centre, with all others going to the states, was included. minister and the leader of the UNP. Interestingly though, Interestingly, law and order and police were to be Mr. J.R. Jayewardene was to have the last word. After he reserved subjects. was elected prime minister in 1977 - the UNP he led, having obtained an unprecedented 5/6th majority in However, Assembly proceedings show that the Tamils parliament - Mr. J.R. Jayewardene introduced the were clearly for a compromise. Mr. Dharmalingam, who executive presidency by way of the Second Amendment was a main speaker of the FP under Basic Resolution No. to the 1972 Constitution and followed it up with the 2, stated that the existing Constitution had failed, as it Second Republican Constitution of 1978, based on an was not designed for a multi-ethnic country. He pointed executive presidency sans any checks and balances as out that in ethnically heterogeneous countries where usually found in countries with a presidential form of unitary constitutions had been in operation, concessions government. to the federal principle have been made to meet the demands and aspirations of the minorities. Where there It is salutary, in the above context, to recall the words and has been a refusal to concede the federal principle, there sentiments expressed by Madam Sirimavo Bandaranaike have been movements for separation. The FP distanced during the debate on the Second Amendment to the itself from secessionists such as C. Sunderalingam and V. Constitution: Navaratnam, referring to them by name, and stated that it was not asking for a division of the country but for a “The effect of this amendment is to place the President division of power.13 above the National State Assembly. Above the law and above the courts, thereby creating a concentration of State Mr. Dharmalingam made it clear that the FP’s draft was power in one person, whoever he might be. This has only a basis for discussion. Stating that the party was happened in other countries before, and history is full of only asking that the federal principle be accepted, he examples of the disastrous consequences that came upon suggested that, as an interim measure, the SLFP, LSSP such nations that changed their Constitutions by giving and CP should implement what they had promised in the

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election manifesto, namely that they would abolish Chelvanayakam, regularly attended the meetings of the Kachcheris and replace them with elected bodies. 14 He Steering and Subjects Committee. stated: With the advantage of hindsight it could be said that acceptance of the FP's proposed compromise for a “If this Government thinks that it does not have a division of power would have proved to be a far- mandate to establish a federal Constitution, it can at least reaching, confidence-building measure on which more implement the policies of its leader, Mr. S.W.R.D. could perhaps have been built later. Moreover such an Bandaranaike, by decentralising the administration, not in acceptance would have ensured the continued the manner it is being done now, but genuine participation of the FP in the Constituent Assembly. Even decentralisation, by removing the Kachcheris and in their had the FP, as the UNP eventually did, voted against the place establishing elected bodies to administer those adoption of the new Constitution, their participation in regions.”15 the entire Constitution-making process, it may be argued, would have afforded greater legitimacy to the 1972 Constitution. Mr. Sarath Muttetuwegama of the Communist Party, who followed Mr. Dharmalingam, stated that “federal” had The place of Buddhism become a dirty word not because of the federal system of government but because of what the FP had advocated. He was clearly referring to the FP’s association with the The original proposal in the Constituent Assembly, UNP in the past and the conservative policies it had according to Dr. Jayawickrama, called for the guarantee followed, such as voting against nationalisations, the of freedom of thought, conscience and religion to every takeover of private schools and the Paddy Lands Bill. citizen. However, the prime minister requested that to this Seemingly oblivious to the offer that Mr. Dharmalingam proposal be added a provision for the protection of had made, he asked why the FP had not used the phrase institutions and traditional places of worship of “regional autonomy.” Speakers from the UF who Buddhists. followed Mr. Muttetuwegama made it clear that the UF was in no mood to even consider the FP’s offer to settle Basic Resolution No. 3 was for Buddhism to be given its for much less. “due place.” But by the time the final draft was approved, the proposal had undergone further change. Article 6 of the 1972 Constitution requires that the Republic of Sri Consequently Basic Resolution No. 2 was passed and the Lanka shall give to Buddhism “the foremost place” and FP's amendment was defeated in the Steering and accordingly that it shall be the duty of the state to protect Subjects Committee on 27 March 1971. and foster Buddhism while assuring to all religions the rights guaranteed by section 18 (1) (d), a provision in the Dr. Nihal Jayawickrama, who was the Secretary of the chapter on fundamental rights that assures to all citizens Ministry of Justice under the UF government and who the right to freedom of thought, conscience and religion. played an important role in the constitutional reform process, has stated that the first draft prepared under the To the question whether constitutionally guaranteeing a direction of the Minister of Constitutional Affairs did not special status to Buddhism not available to other religions contain any reference to a “unitary state”. In Cabinet, one of the land might adversely affect the non-Buddhists, Dr. of the senior ministers16 insisted that a new section be Colvin R. de Silva retrospectively responded in the added to the effect that “Sri Lanka is a unitary state”. The following manner: Minister of Constitutional Affairs did not consider this to be necessary, and argued that while the proposed “The section in respect of Buddhism is subject to section Constitution would have a unitary structure, unitary 18(1) (d) and I wish to say, I believe in a secular state. constitutions could vary a great deal in form. “This But you know when Constitutions are made by impetuous, ill-considered, and superfluous embellishment Constituent Assemblies they are not made by the Minister has, for three decades thereafter, stultified every attempt of Constitutional Affairs. I myself would have preferred at a peaceful resolution of the ethnic problem,” Dr. (section 18(1) (d)). But there is nothing…And I repeat, Jayawickrama observed recently.17 NOTHING, in section 6 which in any manner infringes upon the rights of any religion in this country.”18 It is significant that the FP continued to participate in the Constituent Assembly even after its amendment was Dr. Jayawickrama has been more critical. “If Buddhism rejected. Records show that its leader, Mr. S.J.V. had survived in the hearts and minds of the people through nearly five centuries of foreign occupation, a

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constitutional edict was hardly necessary to protect it Dias Bandaranaike that Sinhala be declared the “one” now,” he opined. official language of Sri Lanka.

Language provisions Fundamental rights

Basic Resolution No. 11 stated that all laws shall be A noteworthy feature of the 1972 Constitution is the enacted in Sinhala and that there shall be a Tamil recognition of fundamental rights. Principles of State translation of every law so enacted. Basic Resolution No. Policy contained in another chapter were to guide the 12 read as follows: (1) The Official Language of Sri making of laws and the governance of Sri Lanka. But Lanka shall be Sinhala as provided by the Official these principles did not confer legal rights and were not Language Act No. 32 of 1956. (2) The use of the Tamil enforceable in a court of law. Language shall be in accordance with the Tamil Language (Special Provisions) Act No. 28 of 1958. The fundamental rights guaranteed by the 1972 Constitution, however, were mainly civil and political Efforts by the FP to get the government to improve upon rights: equality and equal protection; freedom from basic resolutions Nos. 11 and 12 failed. On 28 June 1971, arbitrary deprivation of life, liberty and security of both resolutions were passed, amendments proposed by person; freedom of thought, conscience and religion; the FP having been defeated. Mr. S.J.V. Chelvanayakam freedom to enjoy and promote one’s culture; freedoms of informed the Constituent Assembly that they had met assembly, association, speech and expression, movement with both the prime minister and the Minister of and residence; and freedom from discrimination in Constitutional Affairs and while the meetings had been appointments in the public sector. But all these rights cordial, the government had refused to make any were subject to such restrictions as the law may prescribe alteration to the basic resolutions. He stated that the FP in the interests of national unity and integrity, national would therefore not attend future meetings. “We have security, national economy, public safety, public order, come to the painful conclusion that as our language rights the protection of public health or morals or the protection are not satisfactorily provided in the proposed of rights and freedoms of others or giving effect to the Constitution, no useful purpose will be served in our Principles of State Policy. continuing in the deliberations of this Assembly. By taking this step, we mean no offence to anybody. We only Thus even the freedom from arbitrary deprivation of life want to safeguard the dignity of our people.” There was and the freedom of thought, conscience and religion not even a dramatic walk out. “We do not wish to stage a could be restricted. While Principles of State Policy did demonstration by walking out,” he added.19 not confer legal rights, fundamental rights could be restricted to give effect to such principles. In several That Dr. Colvin R. de Silva who prophetically roared in cases, the Constitutional Court held that impugned 1955, “one language, two countries; two languages, one provisions of Bills that were prima facie inconsistent with country,” should go so far as to upgrade the then existing fundamental rights were nevertheless for the purposes of language provisions to constitutional status has baffled giving effect to Principles of State Policy.23 many political observers. In fact, according to Dr. Jayawickrama, the prime minister had stated that it would Much has been said about the new Constitution not be unwise to re-open the language debate, and that the having a provision equivalent to section 29(2) of the better course would be to let the ordinary laws on the Soulbury Constitution. While the fundamental right to subject operate in the form in which they were. By this equality and equal protection was a safeguard against time, the Privy Council20 had reversed the decision of the discrimination, it was subject to wide restrictions, unlike Supreme Court in A.G. v Kodeswaran21, that a public section 29(2), which was absolute. Also, section 29(2) servant could not sue the Crown for breach of contract of was in the nature of a group right. Although it was not as employment, and sent the case back for a determination effective as it was expected to be, as was demonstrated by on other issues, including the main issue as to whether the failure to invoke it to prevent the disenfranchisement the Official Language Act violated section 29(2), as the of hundreds of thousands of Tamils of Indian origin, District Court had held. Dr. de Silva did not wish the numerically smaller ethnic and religious groups Supreme Court to re-visit the issue. “If the courts do nevertheless felt comfortable that it existed, at least on declare this law invalid and unconstitutional, heavens paper. They saw its omission from the 1972 Constitution alive, the chief work done from 1956 onwards will be as a move towards majoritarianism, especially in the undone. You will have to restore the egg from the context that Sri Lanka was declared a unitary state, omelette into which it was beaten and cooked.”22 He had, Buddhism given the foremost place and Sinhala declared however, resisted a proposal made by Minister Felix R. to be the only official language.

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Section 18(3) of the 1972 Constitution provided that all There have been many instances of obviously existing laws shall operate notwithstanding any unconstitutional provisions going unchallenged. inconsistency with fundamental rights. This was in sharp Provisions relating to urgent Bills have been abused by contrast to the Constitution of India, which provides in successive administrations. In addition, an urgent Bill is Article 13(1) that all laws in force before the referred directly to the Supreme Court by the President, commencement of the Constitution, in so far as they are even without Gazette notification. Such a Bill is not inconsistent with fundamental rights, shall, to the extent tabled in parliament before such reference and even of such inconsistency, be void. The 1972 Constitution did members of parliament would not know the contents of not provide for a special jurisdiction of a court for the such a Bill. enforcement of fundamental rights against the executive arm of the state. Theoretically, fundamental rights could Judiciary have been enforced through writs in public law as well as through actions for damages, declaratory actions and Under the Independence Constitution, the Chief Justice, injunctions in civil courts. It is interesting to note that the judges of the Supreme Court and Commissioners of there is only one known fundamental rights case under Assize were appointed by the head of state, on the advice the 1972 Constitution: Gunaratne v People’s Bank24, a of the prime minister. The 1972 Constitution made no declaratory action arising out of the famous bank strike of change in that regard. the 1970s. In relation to other judicial officers, however, the Constitutionality of legislation provisions of the new Constitution were very unsatisfactory. A significant feature of the 1972 Constitution was that, unlike under the Independence Constitution, a law could Since 1946, the appointment, transfer, dismissal and not be challenged for constitutionality. Post-enactment disciplinary control of judicial officers had been vested in judicial review of legislation was thus taken away. a Judicial Service Commission consisting of the Chief Chapter X provided for pre-enactment judicial review. A Justice, a judge of the Supreme Court and another person Bill could be challenged in the Constitutional Court who is or has been a judge of the Supreme Court. within a week of it being placed on the agenda of the 27 National State Assembly. The 1972 Constitution provided for a five-member Judicial Services Advisory Board and a three-member A Bill that is considered urgent in the national interest, in Judicial Services Disciplinary Board, both headed by the the view of the Cabinet of Ministers, shall be referred to Chief Justice. A list of persons recommended for the Constitutional Court, which shall communicate its appointment as judicial officers and state officers advice to the Speaker as expeditiously as possible, and in exercising judicial functions would be forwarded by the any case within 24 hours of the assembling of the JSAB to the Cabinet of Ministers, which was the Court.25 appointing authority. The Cabinet reserved for itself the right to appoint a person not recommended by the JSAB An argument against post-enactment judicial review is subject to the proviso that the full list of JSAB- that there should be certainty as regards the recommended names and the reasons for non-acceptance constitutionality of legislation. However, no serious of any so recommended were tabled in the NSA. problems have arisen in jurisdictions where post- Dismissal and disciplinary control was exercised by the enactment judicial review is permitted. To mitigate JSDB, which was required to forward a report to the hardships that may be caused by legal provisions being Cabinet through the Minister of Justice and a copy struck down years later, the Indian Supreme Court has transmitted to the Speaker. A judicial officer could also be used the tool of “prospective over-ruling,” limiting the removed for misconduct by the president on an address retrospective effect of a declaration of invalidity in by the NSA. J.A.L. Cooray considered the changes 26 affected by the 1972 Constitution to be hardly compatible appropriate cases. Section 172 of the South African 28 Constitution expressly permits such limitation. with the independence of the judicial function. Post-enactment judicial review is an essential tool to Public service prevent infringement of constitutional provisions by legislative action. The effect of most legislative Under the Independence Constitution, the Permanent provisions are felt only when they are being enforced. Secretary of each ministry was subject to the general Another argument in favour of post-enactment judicial direction and control of the minister in exercising review is that the people are able to get the benefit of the supervision over the departments coming under the latest judicial interpretation of a constitutional provision. ministry.29 The 1972 Constitution made no change of this

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position, except to include institutions, such as 3 J.A.L. Cooray, Constitutional and Administrative Law of Sri corporations, within the ambit of the relevant provision.30 Lanka (2nd edn Sumathi Publishers, Colombo 1973) 52. 4 29. (1) Subject to the provisions of this Order, Parliament Before 1972, the appointment, transfer, dismissal and shall have power to make laws for the peace, order disciplinary control of public officers were vested in a and good government of the Island. Public Service Commission appointed by the Governor (2) No such law shall – General. This position was changed and the powers were (a) prohibit or restrict the free exercise of any taken over by the Cabinet of Ministers. Appointments religion; or were made after receiving recommendations from a State (b) make persons of any community or religion Services Advisory Board. The power of appointment liable to disabilities or restrictions to which persons could be delegated to the minister concerned, or by the of other communities or religions are not made liable; or minister, in turn, to any state officer. The power of (c) confer on persons of any community or religion disciplinary control and dismissal was exercised after any privilege or advantage which is not conferred on receiving recommendation from the State Services persons of other communities or religions ; or Disciplinary Board. (d) alter the constitution of any religious body except with the consent of the governing authority of that The UF no doubt considered the bureaucracy to be body, so, however, that in any case where a religious obstructionist and wished the public service to be body is incorporated by law, no such alterations shall available to the government to accelerate socio-economic be made except at the request of the governing development. This is understandable. As Radhika authority of that body….. Coomaraswamy has argued, the framers of the 1972 (3) Any law made in contravention of subsection (2) of Constitution saw the checks and balances contained in the this section shall, to the extent of such contraventions, be void. 1947 Constitution as an obstruction to decision-making - 31 (4) In the exercise of its powers under this section, perpetuating a status quo of privilege and domination. Parliament may amend or repeal any of the But rather than including appropriate constitutional provisions of this Order, or of any other Order of provisions to ensure that political decisions were carried Her Majesty in Council in its application to the out by the bureaucracy, the entire public service was Island. placed under the control of the political executive, 5 J.A.L Cooray, Review of the Constitution (1957) 16-17. eroding the independence that it enjoyed. 6 Ibralebbe v The Queen, (1963) 65 NLR 433, 443 per Viscount Concluding remarks Radcliffe. 7 (1964) 66 NLR 73, 78 per Lord Pearce. While the break from the British Crown, retention of the 8 KC Wheare, The Constitutional Structure of the parliamentary form of government, introduction of a Commonwealth (Clarendon Press, Oxford 1960) 89. fundamental rights chapter and declaration of principles 9 of state policy were undoubtedly laudable, the 1972 Ceylon Daily News, 14 July 1970. Constitution also paved the way for majoritarianism and 10 Constituent Assembly Debates, Vol. I, 266. undermined the concepts of the rule of law and the 11 ibid 367. supremacy of the Constitution. 12 National State Assembly Debates, 04.10.1977, Vol. 23, No. 10, 1293 - 1314. 1972 was also a historic opportunity to accommodate the diversity and pluralism of the peoples of Sri Lanka in 13 The writer is reminded of the slogan “Balaya bedamu, rata state power and resolve the language question, an nobedamu” (“Let us divide power, not the country”) used opportunity that tragically was missed. If the UF had met during the “devolution debate” of 1994-2001. Messrs. Dullas the FP halfway, the history of this country may have been Alahapperuma and Dilan Perera used this phrase extensively to explain devolution to the people. significantly different. 14 Constituent Assembly Debates, Vol. I, 429. 1 Contained in the Ceylon (Constitution) Order in Council, 15 ibid 431. 1946 based on the report of the Commission headed by Lord 16 Widely believed to be Mr. Felix R. Dias Bandaranaike. Soulbury, the three Ceylon (Constitution) (Amendment) Orders in Council, all of 1947, and the Ceylon (Independence) 17 Sunday Island, 15 July 2007. Order in Council, 1947. 18 Colvin R de Silva, Safeguards for the Minorities in the 1972 2 Section 25 of the 1947 Constitution, read with section 2 of the Constitution (Young Socialist, Colombo 1987) 10. Promissory Oaths Ordinance. 19 Constituent Assembly Debates, Vol. I, 2007.

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20 Kodeswaran v A.G., 54 NLR 433. 21 53 NLR 25. 22 Constituent Assembly Debates, Vol. I, 2860. 23 Sri Lanka Press Council Bill, DCCSL Vol. I, 1; Places and Objects of Worship Bill, DCCSL, Vol. I, 27; Associated Newspapers of Ceylon Ltd. (Special Provisions) Bill, DCCSL Vol. I, 35. 24 [1986] 1 Sri LR 338 (SC). 25 Section 55. 26 Golaknath v State of Punjab, AIR 1967 SC 1643; Baburam v C.C. Jacob [1999] 3 SCC 3. 27 Sections 124 - 130. 28 J.A.L. Cooray, Constitutional and Administrative Law of Sri Lanka (2nd edn Sumathi Publishers, Colombo 1995) 69. 29 Section 51. 30 Section 103(2). 31 R. Coomaraswamy, Sri Lanka, The Crisis of the Anglo- American Constitutional Traditions in a Developing Society (Vikas, New Delhi 1984) 31-32.

dissenting dialogues welcomes original submissions, including essays, opinion pieces, reportage, and criticism and debate on previously published articles. Articles can be in English, Sinhala or Tamil and should be 1,000 to 3,000 words and not published elsewhere. Articles will be edited by the editorial collective and writers are expected to respond to editorial queries prior to publication. Please e-mail questions and submissions to [email protected]

Articles from issue No 1, November 2010, available online at www.srilankademocracy.org/files/dissenting_dialogues_Nov_2010.pdf

EDITORIAL

LESSONS LEARNT: CONDUCTING OUR OWN EXERCISE Rohini Hensman THE ANATOMY OF RAJAPAKSA RULE Tisaranee Gunasekara THE LEGACY OF EMERGENCY RULE Wasana Punyasena OUR SHARED RESPONSIBILITY TO THE PEOPLES OF SRI LANKA AND THE FIRST NATIONS Kevin Shimmin TAMIL-MUSLIM RELATIONS: REMEMBERING THE EVICTION OF NORTHERN MUSLIMS SLDF London Chapter DALIT POLITICS AND THE URGENT NEED FOR A SOCIAL MOVEMENT Ragavan REGIME CONSOLIDATION AND THE PROMISE OF SOVEREIGNTY AND DEVELOPMENT Ahilan Kadirgamar

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