Daily Mirror Editorial

Justice Weeramantry; For him every issue was a cause, not a case

 

One of the world’s most eminent jurists Justice C. G. Weeramantry -- an international activist for causes ranging from inter-religious dialogue, the environment and the destruction of nuclear weapons. He passed away last Thursday after more than half a century of service to Sri Lanka and the world. Justice C. G. Weeramantry was a priceless gift to Sri Lanka and the international community. Widely regarded as a creative genius, he wrote more than 30 books on a wide range of world issues, with the rare ability of thinking deeply and writing books of substance even when he was being disturbed or while his children and grandchildren were talking or playing around the writing table of this extraordinary man.

One of the proudest products of Royal College, he began his career as a lawyer in the late 1940s. Colleagues and friends say money meant little to him and he often appeared free of charge for poor litigants because he believed that justice is justice only if it is made available justly and fairly to all, specially the poor. His prophetic principle was that he fought for causes, not just cases. His values and virtues, integrity and honesty are a powerful example at a time when the legal profession to a large extent has become a big business with the law being turned into an ass and often a rich man’s ass.

After he moved to the judicial service, Justice Weeramantry in 1965 was appointed as a Judge of the Supreme Court. His judgments were filled with spiritual wisdom and prudence. He followed the scriptural principles that justice should come with mercy and that justice without mercy would be tyranny.

In 1972 Justice Weeramantry went to Australia’s well-known Monash University where he was given a prestigious post as a professor of law. From different countries law students came to him and he shared with them the highest concepts and precepts of the judicial and legal services. Thus it was not surprising that the world and the United Nations recognised him by giving him a post on the International Court of Justice in the Hague. 

Many were the people-friendly judgments he gave on issues ranging from environmental protection and the danger of possessing nuclear weapons. Some analysts believe this dissenting judgment given by Justice Weeramantry on the nuclear weapons issue may have prevented him from rising to the post of ICJ President because all five of the UN’s Permanent members possessed nuclear weapons. For instance the US is today known to possess some 31,000 nuclear weapons, with each one of them known to be 50,000 times more powerful than the atom bombs which caused a human catastrophe at Hiroshima and Nagasaki in 1945.

In another famous dissenting judgment in the Gabíkovo–Nagymaros Dam case before the ICJ, Justice Weeramantry gave the world a beautiful portrait of Sri Lanka’s ancient environmental wisdom and irrigation marvels. The Gabíkovo–Nagymaros Dam is a large barrage project on the Danube. It was initiated by the 1977 Budapest Treaty between Czechoslovakia and Hungary. The project was aimed at preventing catastrophic floods, improving river navigability and producing clean electricity. Only a part of the project has been finished in Slovakia (the successor state of Czechoslovakia), under the name Gabíkovo Dam, because Hungary first suspended and then tried to terminate the project due to environmental and economic concerns. Slovakia proceeded with an alternative solution, called “Variant C”, which involved diverting the Danube, the border river. These caused a still unresolved international dispute between Slovakia and Hungary. Both parties turned to the ICJ for a ruling.

Justice Weeramantry in his ruling said - “There are some principles of traditional legal systems that can be woven into the fabric of modern environmental law. They are specially pertinent to the concept of sustainable development which was well recognised in those systems. I wish to refer to a system with which I am specially familiar, which also happens to have specifically articulated these two needs – development and environmental protection – in its ancient literature. I refer to the ancient irrigation-based civilisation of Sri Lanka. It is a system which, while recognising the need for development and vigorously implementing schemes to this end, at the same time specifically articulated the need for environmental protection and ensured that the technology it employed paid due regard to environmental considerations. This concern for the environment was reflected not only in its literature and its technology, but also in its legal system, for the felling of certain forests was prohibited, game sanctuaries were established, and royal edicts decreed that the natural resource of water was to be used to the last drop without any wastage.” As Justice Weeramantry was buried last Sunday, many luminaries said they wondered whether Sri Lanka would ever find a gentle giant and genius to replace Justice Weeramantry.

Ceylon Today Editorial

TOPPLING THE GOVT…HOW?
11 January 2017

 

Within three weeks we've had growing indications of politically stoked aggression by unruly mobs, egged on by members of the Joint Opposition, threateningly boarding two foreign ships in the Hambantota Harbour, and last weekend intentionally clashing with the Police in a bid to thwart the government's initiatives to achieve economic growth while simultaneously making a desperate attempt to lift the country out of the massive public debt burden bequeathed to it by the former Rajapaksa regime.

These are extremely serious indications of attempts to introduce violence and lend it legitimacy as an anarchist tool to topple a legitimately elected government that has been globally acknowledged by all right thinking people as being one that is seriously and sincerely trying everything at its disposal to restore to the people the human rights and freedoms they lost under the former regime. Truth be told, the government has, to begin with, restored to the media its most sacred rights which can and are exercised without fear of being a victim of a white van death squad or a killer motorcyclist.

It has done entirely away with State tyranny and impunity that ran rampantly amok for ten years and ordered the Police and Army out against the slightest sign of political, media or civil dissent against the most brutal form of totalitarianism ever experienced in the history of this country. And it shamelessly employed its wordsmith lackeys in the corridors of journalism to legitimize all its forms of suppression.

Almost by default, the real meaning of political tyranny is made to appear as a justifiable revolution against a government that by any standard or measure is furthest from a government that can be defined as one that applies coercion, aggression or deception in any area of its governance. In fact, looking at its performance objectively one is compelled to concede that its performance to date underscores the fact that it has by and large held true to the best of its ability to honour the mandate it received in January 2015 and in August of that year.

In other words, there is absolutely nothing that can legitimize the Opposition's stoking of mob violence for the simple reason that the facets to justify such aggression are simply not there. If at all there should have been such politically stoked aggression it should have been when State tyranny rose to fearsome heights during the former regime that ran roughshod over anyone showing the slightest sign of dissent.Today, dissent has wafted across society setting people free to fearlessly comment on or criticize the government with no fear of a violent backlash.

Many people it seems can still be led astray...and when such people have turned into a stone-throwing mob that accosts the Police and Armed Services physically – then one can only define it as politically orchestrated mob uprisings.

All of this is happening even as former President Mahinda Rajapaksa has said that 2017 will be the year in which he will topple this government. But is mob rule, a legitimate weapon to do so? Anarchy is defined as an environment in which there is no legal possibility for coercive aggression by a government or a monarchy/dictatorship against society at large or against anything belonging to society. By that fact, because the government does not in any way impose any form of coercion, there is no justification for such political turmoil.

With the resolution against Sri Lanka at the UNHRC set to be taken up for discussion by mid-March this year, just 10 weeks away, the Joint Opposition has in addition begun to accuse the government of preparing to drag the Army before the International Criminal Court (ICC), on war crime charges. Obviously this is intended by the Joint Opposition to rouse the largely ignorant masses against the government in a bid to swell the numbers that can be roped in for further anti-government demonstrations.

But if Rajapaksa is serious about his statement about toppling the government the question that arises is whether he intends doing so through a parliamentary or non-parliamentary and hence a socially destabilizing process. Else, why resort to resources outside the parliamentary/electoral processes which were used to oust him from power? All this can be very trying not only for the government's leadership and rank and file, but more so for the ordinary man in the street and society in general.

What seems to be missing for all members of the Joint Opposition is that in a democracy as in the US, Canada, UK et al the politicians and the voter strictly adhere to the laid down norms of a democracy to usher in a regime change. As there is no general election hovering round the corner, how does he intend toppling the government?

Daily News Editorial

Chamal shows the way

11 January 2017

Ex-Speaker and elder sibling of former President Mahinda Rajapaksa, Chamal R. has spoken. Contrary to the rumpus kicked up by fellow Joint Opposition parliamentarians, the modest and more temperate of the Rajapaksas, CR, while lauding the government’s moves to create an industrial zone to compliment the Hambantota port project says that the harbour was constructed not to keep it in isolation but to link it to an industrial complex in the vicinity.

Addressing parliament, Chamal said, what he is opposed to is only with regard to land acquisition, with the story of a 15,000 acre takeover of land in Hambantota alone causing unrest among the people of the area, not to mention the 99 year lease agreement with the China Merchant Company. The senior Rajapaksa said if there is a need for more land they should be acquired from suitable places in adjacent districts.

He however commended Prime Minister Ranil Wickremesinghe for clearing matters at their joint meeting with the Tissamaharamaya Nayaka Thera, although this did not clear the suspicion of the people, and hence the agitation. Chamal was also aggrieved at the alleged government sponsored thuggery.

It is hoped that the fears of the people of Hambantota will be allayed by this clean bill of health given to the Hambantota port project by none other than a Rajapaksa himself. Rajapaksa senior, no doubt, is aware of the benefits that would accrue to his constituency by the massive transformation that the project will ensure. Hambantota is still a largely backward area in spite of the patina of modernity that Mahinda Rajapaksa strove to give it by the construction of a port, airport and international cricket stadium. A large segment of its youth are unemployed, with none of the mega projects launched in the area succeeding in bringing down unemployment.

A US $ 1.1 billion investment is certainly going to turn things around for Hambantota and the Rajapaksas cannot afford to let go this opportunity. That is, if the rest of the Rajapaksas genuinely care for the people of Hambantota. Obviously Chamal, the mature politician that he is, has seen the potential and hence his defence of the project.

True, the UNP while in the Opposition was critical of the construction of a port in Hambantota and even coined various derisive terms to describe the project. But it is now a fait accompli and time to move on to the next stage to realise its full potential. Premier Wickremesinghe told parliament that the first factory to be opened in the Hambantota Industrial Complex will be by a Sri Lankan and that 95 percent of the land acquired will be state land. He asked Namal Rajapaksa if they wanted a industrial zone in Hambantota or not and that there are many takers for such a venture among his ministers in their electorates.

It is unfortunate indeed that while Chamal Rajapaksa is dwelling on the virtues of the Hambantota Industrial zone project, his colleagues in the Joint Opposition saw it fit to lead a mob to disrupt the agreement signing ceremony attended by the Chinese Ambassador. The Police had no option but to act the way they did. There is no knowing to what extent the rabble would have carried out their violent protest. The Ambassador and other diplomats who graced the occasion had to be protected at all costs from the rampaging mob.

What motivated the likes of Udaya Gammanpila and Dinesh Gunawardena, great China lovers not so long ago, and who made nary a whimper of protest when the Chinese had virtually a run of the country during the hay days of their erstwhile boss, to act the way they did, is baffling indeed, unless this was another opportunity not to be missed on the way to once against enthrone Mahinda Rajapaksa. Where were they when Port City land was given gratis to the Chinese. Did they, who are today shedding copious tears over the alleged loss of land of the people of Hambantota, object, when a sizable part of the Port City was being earmarked for a car racing track, for the amusement of the Rajapaksa progeny.

The government did right by effectively confronting opposition to a development project that would bring immense benefit to a large neglected rural populous whose innocence and backwardness are being exploited by crafty politicians. A poor country like Sri Lanka cannot afford the luxury of protests and agitations against development projects meant to take the country forward. A big issue is being made by spokesmen of the Joint Opposition that Bikkhus were set upon by the police. They say that mobs and police did not even spare the Sangha who were about to chant pirith. No prizes for guessing who these monks were.

The Prime Minister has already given an assurance that no temple or archeological site in Hambantota would fall victim during the land acquisition. Besides, Buddhist clergy should conduct themselves with dignity and in keeping with the veneration in which they are being held. Hopefully the sentiments of statesmen like politicians such as Chamal Rajapaksa would strike a chord in the hearts of the people of Hambantota.

The Island Editorial

Food for thought

11 January 2017

 

Even those who did not adore the late Tamil Nadu Chief Minister Jayaram Jayalalithaa may agree that some of her political programmes stood the poor in good stead. She set up 657 eateries to serve decent food at nominal prices, according to a report we published yesterday. She may not have wanted to give away food owing to social stigma associated with free victuals. These eating places popularly known as ‘Amma canteens’ are said to be fully functional even after her death. Her example is worthy of emulation.

President Maithripala Sirisena struck a responsive chord with all right-thinking people the other day when he, addressing a ceremony to mark the second anniversary of his assumption of office, said the number of poor people in this country could be higher than the official figure. Pointing out that many more people should receive Samurdhi benefits he reaffirmed his commitment to poverty alleviation.

Propagandists of the previous government projected former President Mahinda Rajapaksa as a leader who was like a father (appachchi) to all Sri Lankan children. It was open house at Temple Trees for children during his tenure as President. His habit of feeding thousands of people drew heavy flak from his critics who said he was wasting public funds. The late President Ranasinghe Premadasa introduced the mid-day meal programme in schools besides the distribution of free uniform materials. Now, it is up to President Sirisena to help the poor in a tangible manner and feed the hungry.

There are charities dedicated to fighting hunger even in the capitalist world. Feeding America runs programmes like school-based food pantries, emergency disaster relief, and Kids’ Café as part of a nationwide network geared to save people from hunger. The outfit says that in the US, which wastes billions of pounds of food each year, it is shocking that anyone goes hungry. The People’s Kitchen in the UK also renders an invaluable service to the needy by making food available to them. It is also run by volunteers who visit markets, collect food items and serve cooked meals free of charge.

Giving is nothing new in this country. Food is given away during all religious festivals, especially Vesak and Poson. Sadly, the provision of food at dansel on these occasions has come to be a form of entertainment and many people partake of free food for the fun of it. These poorly targeted yet commendable efforts to dull the pangs of hunger can be properly coordinated and focused with the assistance of the business community and the public enlisted to help the poor.

Food that goes to waste in Colombo may be sufficient to feed all the hungry mouths in the poor quarters of the city. We have pointed out in these columns that at least 2,000 people can be fed with the amount of food discarded by parliament canteens every month. Instances are common where farmers destroy their produce in protest, unable to dispose of it following bumper harvests. A few years ago irate dairy farmers poured thousands of litres of milk into public drains and waterways in the central hills as they could not sell it. Waste is rampant in market places. It was reported in February, 2016 that about 32 million kilos of rice had perished in Sathosa warehouses due to improper storage. This kind of criminal waste of food occurs in a country where nearly one-third of children and one quarter of women are malnourished according to UN data.

The present dispensation came to power promising compassionate governance. Now that food prices have gone into the stratosphere with more and more people hitting the sack on empty stomachs, the government ought to give serious thought to looking after the needy.

President Sirisena may not want to emulate his predecessors, especially Rajapaksa, for obvious reasons, but he can adopt the Amma method of feeding the hungry and set up Appachchi/Appa canteens.