Sri Lanka destroying democracy from within

By Basil Fernando
Column: Burning Points

Published: January 23, 2009

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Hong Kong, China — A letter written by six U.S. ambassadors, in their personal capacities, to the president of Sri Lanka has expressed concern over the deteriorating situation in the country and urged him to re-establish accountability and the rule of law by ensuring investigations into assassinations and human rights abuses.

The letter, according to the authors, was prompted by the killing of Lasantha Wickrematunge, editor of Sri Lanka’s Sunday Leader. “But there have been many previous incidents in which the rights of individuals and the media have been violated,” it said.

In previous columns by this author, it had been pointed out repeatedly that investigations into human rights abuses in Sri Lanka have virtually stopped and it appears to be the policy of the government not to ensure competent and credible investigations into politically sensitive crimes. The absence of investigations has encouraged the perpetrators of these crimes and ensured impunity.

The authors of the letter are the past six U.S. ambassadors to serve in Sri Lanka: Marion Creekmore (1989-92), Teresita Schaffer (1992-95), A. Peter Burleigh (1995-97), Shaun Donnelly (1997-2000), Ashley Wills (2000-03) and Jeffrey Lunstead (2003-06).

The letter finally states that while Sri Lanka has gone through difficult times, its democratic system has always been preserved. Neither the Liberation Tigers of Tamil Eelam nor the assaults by other radical forces have been able to destroy it. Thus, the ambassadors said, “It would be a tragedy if it were destroyed now, not from without, but from within.”

In fact, the major threat to democracy and the rule of law in Sri Lanka has not been from either the Janatha Vimukthi Peramuna party in the 1980s or the LTTE but from those within who want to undermine constitutionalism, the supremacy of the law, the independence of the judiciary and the proper functioning of public institutions to achieve personal ambitions. The usurpation of public property for personal use and the abuse of authority to destroy dissent are the major causes of the serious deterioration of the rule of law, democracy and human rights.

The link between the deterioration of democracy from within and the attempted disruptive activities from outside by the JVP, LTTE and others is like the movement of tectonic plates and the onslaught of the following tsunami. Had it not been for the internal disruption caused to the systems by the very regimes that were expected to guard the rule of law and democracy, the threats from outside might have been managed in a different manner, causing less damage to lives, property and the security of society as a whole.

The failure to investigate the attack on Sirasa TV and the assassination of Wickrematunge have brought to light the absence of political will on the part of the government to deal with serious abuses of human rights by the security forces and others. There are thousands of cases, involving ordinary citizens who have suffered grave abuses, that have also gone uninvestigated.

As this column was being written, one more incident with terrible consequences to an individual was reported. It is the case of S.S. Padmi Peiris, the widow of Sugath Nishanta Fernando, who was a complainant in a bribery and torture case against several police officers in Negombo and was assassinated in September 2008. Since her husband’s assassination, she and her two young children have been subjected to death threats and have been living in hiding, moving from place to place.

Many appeals have been made by her and on her behalf to all Sri Lankan authorities and also to the Ministry of Disaster Management and Human Rights. The dangers faced by the family were also brought to the notice of the Supreme Court, before which the fundamental rights case filed by her husband and herself is still pending.

The inspector general of police and his deputy have been informed repeatedly of the threats to her life. However, no security has been provided to them. In an affidavit submitted by Peiris to police authorities, she gave details of the threats and stated that she and her children cannot return home to any place in the Negombo area or live in other areas of Sri Lanka except in hiding.

She has also detailed her problems in another affidavit, which she submitted to the Magistrate's Court of Negombo in November 2008. Her daughter was unable to take the General Certificate of Education (Ordinary level) exams in December last year as she was in hiding. She is unable o attend school and is suffering from confusion and depression.

In her affidavit Peiris further states that while living in fear of their lives they do not trust the police in the Negombo area or its vicinity as they believe that the threats come from the 12 police officers against whom cases are pending. She has instead asked for protection by the Criminal Investigation Division which, she believes, will be able to provide the necessary protection so her family can lead a normal life. She has asked the deputy inspector general of police of the area to provide protection so they can with confidence get on with their lives.

Here is an instance where the husband of the family made written complaints to the inspector general of police, the Human Rights Commission of Sri Lanka and the National Police Commission informing them of the threats he received and asking for protection. However, no steps were taken to provide this protection and he was gunned down in broad daylight.

Under these circumstances, the letter by the former ambassadors should encourage civil society organizations and the international community to exert pressure on the government to ensure that criminal inquiries are conducted into all crimes, and particularly those in which the alleged perpetrators are police officers or security personnel.

(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. His blog can be read at http://srilanka-lawlessness.com.)