SRI LANKA: The need for a new alliance for democracy and rule of law in the south, north and the east

The defeat of terrorism calls for the shift of attention in resolving lawlessness, corruption and the loss of authority of the public institutions of democracy. 

The government’s declaration that the terrorism represented by the LTTE has been substantially defeated, despite of a small area which remains under LTTE control, should provide a much needed opportunity to deal with the widespread lawlessness in all parts of the country, the south, north and east; the most unprecedented types of corruption that has spread into all areas of public life and the collapse of all public institutions under the perverse influence of the rogue constitution of 1978, which in its 30 years of existence has virtually diminished the vigour and authority of all public institutions. 

For many decades now social consciousness within Sri Lanka and about Sri Lanka from outside, was centered around internal conflicts, first in the south with the JVP rebellions and then in the north and the east with the insurgencies lead by Tamil groups culminating in the LTTE. Terrorism and counter terrorism were the two key issues around which all the concentration was placed. This also provided the excuse for neglecting major threats to social stability which arose from the collapse of the rule of law and the consequent collapse of all the public institutions such as the parliament, the civil service and the policing system, the prosecution system under the Attorney General and the electoral system. All this also undermined the independence and the efficacy of the judiciary. The citizens throughout the country were placed in a helpless position but their cry was not heard because the cries of the internal conflicts and the trumpets of war sounded much louder. 

All this brought to the forefront the greatest social evil of all for any society: corruption. Normal controls over corruption, such as the controls put in place by the Auditor General were spurned and ridiculed. It was even thought unpatriotic to raise issues regarding corruption at a time when the government was engaged in a ¡¥war¡¦. The space available in the newspapers for discussion on corruption issues was restricted and the media personnel in particular, came under severe attack. The simple message was that as there is a war on, it was the duty of everyone to keep their mouths shut about anything else because talk on other matters may directly or indirectly help the enemy. This was carried to the extent of even trying to silence lawyers representing clients. The letter published in October 2008 by a group called the Mahason Balakaya and two publications in the Ministry of Defence website attacking lawyers who make legal representation for alleged terrorists indicated the extent to which silence was imposed on everyone. 

The propaganda attempts to use the war for the promotion of authoritarianism and the undermining of democracy would face a great setback as the country is now being told by the government itself that the ‘enemy’ has now been substantially defeated. Therefore, it is time for the people to have the space to reflect on the problems that they are facing and try to address problems which have been long neglected. 

The only way that both the majority community as well as the minorities can find their rightful place is by reestablishing rule of law and resurrecting the public institutions on which democracy rests. Mere talk of a political solution in a situation where the rule of law itself has collapsed and the public institutions do not have any real power would be to pursue an illusion. The central element of a political solution for the future is one in which the people living in the , could rely on the strength of the rule of law and the institutional framework of democracy for solving their problems. 

The new opportunity that is now available should be utilised with a sense of urgency to address these long neglected problems. This can be addressed only if civil society itself loses the habit of being intimidated and gives up the fear psychosis bequeathed to it from long years of conflict and begin to talk aloud about their problems. The long sufferings of the people in the north and the east can be resolved only through a new alliance for the rule of law and democracy with the people of the south.

Document Type : Statement
Document ID : AHRC-STM-002-2009
Countries : Sri Lanka,