Critics have pointed out that this undermines the nature of Sri Lankan society, where all citizens belonging to the nation are equal. However, Fonseka’s statement that the country belongs to the Sinhalese can be challenged by the Sinhalese themselves on the basis that, under the present conditions, the nation belongs only to a few who abuse their power, and sections of the army and police who act outside the law.
The ordinary Sinhala citizen, like the Tamil or Muslim citizen, can no longer claim, “This is my nation and my rights are protected within this nation.” All citizens share a common psychosis of fear, stress and distrust. The ordinary citizen in Sri Lanka is exposed to the Kafka Syndrome – feelings of distress and alienation in a hostile, unintelligible and indifferent world – as described in the works of writer Franz Kafka.
A few recent incidents illustrate why this is so. A young medical doctor, Dr. W.D.L. Indunil of Hambanthota district, made a complaint a year ago about a physical assault by an army officer. After the case was filed, she received constant death threats from the officer, which she reported to the police. On Sept. 29 the same officer shot her dead. The Government Medical Officers Association threatened a nationwide strike when the police failed to arrest anyone in connection with the murder. Subsequent to the threatened strike the officer was arrested.
The residence of a senior attorney and well-known human rights lawyer, J.C. Weliamuna, came under a grenade attack on Sept. 27. He clearly stated that this could not be related to any personal matter but was a result of his work in prosecuting senior politicians and state officers for corruption and human rights abuses.
In a rare move of solidarity, over 300 lawyers took part in a demonstration demanding an immediate investigation and action by the police. The European Union, the U.S. Embassy in Colombo and many international organizations condemned the attack and called for an investigation.
However, on Sept. 30 a person tried to forcibly enter the office of Transparency International, situated in a high-security zone, where Weliamuna generally works as the organization’s executive director. While staff prevented the intruder from entering, someone quickly whisked the lawyer away on a motorbike. Now Weliamuna and his family have relocated, for their own safety.
Sugath Nishanta Fernando was a complainant in a torture and bribery case against the police. He had received death threats and demands that he withdraw his case, which he reported to the authorities along with a request for protection. International organizations also made representations on his behalf to the Sri Lankan government.
However, Fernando was assassinated in broad daylight on a public street in Negambo on Sept. 20. Two lawyers who had appeared on his behalf also received threatening calls, warning them to abandon the case. The Bar Association of Sri Lanka has taken up the matter.
Earlier, Gerard Perera, another torture victim who was to give evidence against several police officers in a High Court trial, was also assassinated in broad daylight on a public bus.
These are just a few examples of incidents that take place routinely throughout the country. These particular incidents occurred in areas far from the conflict zones where the army and the LTTE are engaged in war. Even people living in these peaceful areas of the country are experiencing the kind of life reflected in these stories.
The spread of lawlessness destroys the social fabric that is essential for creating a sense of belonging. Today lawlessness has so disrupted the nation that everyone fears becoming a victim like those people described above.
This state of affairs can be traced back many decades. In his well-known book, “Emergency’58,” the celebrated writer Tarzie Vittachi wrote:
While repressive legislation and irksome, outmoded attitudes which had kept the masses in thrall had to be hurled away without delay, it was vital for the peace and order of the country, especially in times of rapid social change, to preserve and strengthen the rule of law and the authority of the officers who enforce the law. This salutary rule was ignored and even spurned in the extravagant mood of enthusiasm in which the Government tried to meet the massive problems that challenged its capabilities.
Repressive legislation undermining the rule of law and the authority of officers who enforce the law affected everyone irrespective of race. During the repression of the People’s Liberation Front in 1971 and the period from 1986 to 1991 large numbers of persons disappeared, and many more were subjected to torture and extrajudicial killings. The rule that persons could be killed after arrest, denying them the protection afforded even to combatants under international law, was established during these repressions, where the victims were predominantly Sinhalese.
The destruction of trade unions and the denial of peaceful avenues for protest have been applicable to all citizens irrespective of race. Torture, which is a routine habit in criminal investigations under the penal code, takes place in every police station throughout the country as demonstrated by the thousands of cases that have come before the Supreme Court.
The suppression of all public institutions before and after the 17th Amendment has made everyone powerless before the draconian rule of the executive. Widespread corruption is having a bewildering impact on everyone. Suppression of the media denies freedom of expression and the right to information to everyone. The use of violence in elections and various forms of defrauding the ballot has denied the right to democratically elect a government, which is a matter of prime importance to everyone.
Under the pretext of struggling for development and against an insurgency, the government has destroyed the fabric of Sri Lankan society. Those entrusted with protecting society have destroyed it. This is what Lt. Gen. Fonseka has failed to realize. If he thinks the nation is being protected for one particular race, then he has mistaken an illusion for reality.
The army commander’s mindset is reminiscent of a scene played by U.S. comedian Charlie Chaplain, in which his character pretends to be a watch repairer. When a person brings him a watch to repair, the character examines the watch with a stethoscope and finds that it makes no sound. In order to cure it he takes a hammer, smashes the watch, and gives back the destroyed parts to the bewildered customer. This is the same manner in which Sri Lanka’s protectors have “saved” the nation.
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(Basil Fernando is director of the Asian Human Rights Commission based in Hong Kong. He is a Sri Lankan lawyer who has also been a senior U.N. human rights officer in Cambodia. He has published several books and written extensively on human rights issues in Asia.)






