Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
ISSN 1391-822X
Rs. 100
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SECULAR THOUGHTS
K.N. Panikkar
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HARBOUR LIGHTS
Sarojini Jayawickrama
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DENIAL OF TORTURE
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COMMENTARY
FROM GENEVA TO SANITY
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Vol. 6 No. 3 & 4 2012
Editors
Jayadeva Uyangoda
Kumari Jayawardena
Executive Editor and
Circulation Manager
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Editorial Assistant
Chandrika Widanapathirana
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(i) Sri Lanka does not have an ethnic conflict as such. What
existed during the past three decades has been a terrorist
problem. The terrorist challenge to the state, led by the
Liberation Tigers of Tamil Eelam (LTTE), has been militarily
defeated. In case the terrorist threat re-emerges, the
government should maintain its capacity to quash such threats
immediately by military means.
Regime Consolidation
ne of the key priorities of President Rajapaksa in 2010
was the consolidation of his position as the countrys
president and the stabilization of his coalition regime. The
winning of the presidential and parliamentary elections, held
in January and April 2010, respectively, enabled him to achieve
a considerable measure of regime stability. Although the
president had expected a two-thirds majority victory at the
parliamentary election, the United Peoples Freedom Alliance
(UPFA) obtained 144 seats in the 225-member Parliament,
six seats short of the target. In August 2010 President
Rajapaksa succeeded in persuading the Sri Lanka Muslim
Congress (SLMC) with eight MPs to join the UPFA coalition
government. This assured Rajapakse a two-thirds majority
in Parliament. No government in Sri Lanka after 1989 had
managed to obtain such overwhelming legislative power.
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Ethnic Relations
he minimalist policy framework of the UPFA government
towards the ethnic conflict, as briefly outlined above, has
been in existence since 2009. Indeed, it has had broad
implications for the governments relations with all ethnic
minorities as well Tamil, Muslim and Up-Country Tamil. A
key implication is the governments policy emphasis on
involving minority political parties in the economic and
infrastructure development initiatives launched in the Northern
and Eastern provinces. This has had a political framework
defined by the government for the minority parties. In that
framework, the minority political parties should join the
government coalition, accept Cabinet positions and offer their
support for the stability of the UPFA government. All Tamil
and Muslim political parties with the exception of the Tamil
National Alliance have accepted this position. The Sri Lanka
Muslim Congress, which had earlier aligned itself with the
opposition UNP, also joined the UPFA coalition in August
2010, accepting the perspective of de-emphasizing political
rights of the minorities.
The TNA, which has not accepted, and is even resisting, the
UPFA governments post-civil war agenda of development
over devolution, also appears to be quite aware of the
weakened bargaining position of minority parties. The TNA
addresses this challenge in its engagement with the UPFA
government by means of mobilizing international support for
its own agenda. It also mobilizes international pressure on
the government to initiate action for reconciliation and for a
political solution based on devolution. Accountability
concerning alleged violations of human rights and humanitarian
law during the last stages of the war is also an issue with
which the TNA has been concerned. This has prompted some
critics to say that the TNAs agenda has been influenced by
western governments and the pro-LTTE diaspora, and not
by the actual needs of the Tamil people on the ground.
As became clear in 2011 as well, the TNAs political agenda
seems to rest on two main strategic components. They are:
(a) continuation of the project of regional autonomy for Tamils
despite the demise of the LTTE, and (b) sustaining the
argument for the priority of a devolution-based political
solution while countering the governments strategy of
coopting minority parties and political leaders to the regime
agenda.
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Reconciliation
he issue of post-war reconciliation has repeatedly
surfaced in 2011 in Sri Lankas domestic politics as well
as in foreign relations. The UPFA governments strategy has
been to shield itself from western pressure for war crimes
inquiries by insisting that the government prefers a homegrown process of reconciliation. While launching a domestic
and international campaign to question, critique and
delegitimize the UN panel report, which had suggested an
international process of inquiry, the government insisted that
it had already initiated a domestic process for investigation
and reconciliation through the Lessons Learnt and
Reconciliation Commission (LLRC). The LLRC was
appointed by President Rajapaksa on 19 May 2010 with a
broad mandate to inquire into the following matters that may
have taken place during the period between 21 February 2002
and 19 May 2009:
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between Tamil citizens and administrative agencies. On socioeconomic and livelihood issues, the recommendation was to
encourage the free movement of persons on the A9 road
and greater coordination between military and civilian officials
for normalization of civil administration.
The government also argued that since the LLRC was the
beginning of a domestic process, the international actors
should allow this process to function before calling for any
international inquiry. However, critics of the governments
approach have found the LLRC process both inadequate and
faulty. For example, the New York-based Human Rights
Watch, which has been monitoring Sri Lankas political and
human rights issues, commented in its report on Sri Lanka in
2010 that the LLRCs mandate did not explicitly require it
to investigate alleged war crimes during the conflict, nor has
the LLRC shown any apparent interest in investigating such
allegations in its hearings to date (Human Rights Watch:2011)
LLRC Interim Report
he LLRC, having heard public evidence, submitted an
interim report in August 2010 making recommendations
to the government in five areas, namely, (i) detention, (ii)
land issues, (iii) law and order, (iv) administration and language
issues, and (v) socio-economic and livelihood issues. With
regard to detention, the interim report proposed the creation
of a special mechanism to examine the cases of Tamils
held as LTTE suspects and recommend an appropriate course
of action on each case. The report also proposed to set up a
special unit at the Ministry of Justice to publish the list of
names of persons in detention and to prevent the arbitrary
arrest of those released. On land issues, the commission
wanted the government to issue a clear policy statement that
private land would not be taken over by the state for
resettlement purposes. On the question of law and order in
the North and East, arising out of the presence of armed
groups engaged in extortion, abduction and other criminal
activities, the recommendation was to initiate measures
necessary to disarm such armed groups. On administration
and language issues, the interim report recommended taking
steps to provide interpreters to facilitate communication
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Endnotes
1
Statement by the spokesperson for EU High Representative
Catherine Ashton on the publication of the report of Sri Lankas
Lesson Learnt and Reconciliation Commission. Available on http:/
/www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/EN/
foraff/127030.pdf.
References
Fonseka, B., and Raheem, M. 2011. Land in the Northern Province:
Post War Politics, Policy and Practices, Colombo: Centre for Policy
Alternatives.
Government of Sri Lanka. 2011. Extraordinary Gazette No. 1699/
35. Colombo: Government of Sri Lanka, 31 March.
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Dr. Jayadeva Uyangoda is a Professor of Political Science University of Colombo, Pradeep Peiris is a doctoral student in
Political Science at the University of Colombo.
SECULAR THOUGHTS
Without equality, democracy and social justice, which are three interrelated factors, secularism cannot exist as a
positive value in society.
K.N. Panikkar
This essay is based on a paper presented at a seminar
organized by Social Scientist and SAHMAT in New Delhi
to felicitate historian Romila Thapar and her contribution
to secularism.
Debate on Secularism
he concern of academic debate and public discussion as
well as creative representation of secularism has been
mainly political: the relationship between state and religion,
interrelationship between different communities, and
interdependence of secularism and democracy. A common
bond connecting these three issues is the quest for religious
harmony, which in course of time came to be identified with
secularism. In politics, almost everybody swears by it although
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Communitarian Context
he character of secularism in India can be understood
only in the context of the social composition and cultural
make-up of its society. The communities of the pre-colonial
period, experienced in their local settings, both material and
ideological, a fundamental change during the colonial
administration. A feature that influenced this process was
the religionization of small and diverse communities that
Secularization
his is not to suggest that the biography of Indian secularism
can be written as a success story. Far from it. The
assaults on secularism witnessed in the recent past were
partly a symptom of the weaknesses some might even say
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For realizing
Inclusiveness,
Cultural
Equality is
Essential.
An Alternative View
he inter-community relations have been so discredited in
the recent past by the incidence of intermittent religious
conflicts that secularism, it is argued, has reached a stage
beyond redemption. The inability of the state to observe
religious neutrality and to maintain equidistance from religions
and the resurgence of communalism which has compounded
it are the main reasons attributed to this discomfiture.
Moreover, secularism was posited exclusively within the
realm of religion, and other areas of human existence, like
culture and economy, were not incorporated into the secular
conception.
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The meaning of the Indian form of secularism, beyond interreligious harmony, which the Constitution had sought to
implement through practice, has not been internalised by state
and society. No definition of secularism was prescribed at
the time of adopting the Constitution or even when the concept
was introduced into it in 1976.The meaning, therefore, has
been a subject of unending debate. A clearer reformulation
of the concept and recovery of its meaning is now required
in the light of historical experience and contemporary realities.
It cannot be accomplished either by romanticising the
indigenous past or by dismissing the ability of vernacular
culture to engage with it. The alternative lies in imparting the
concept and the values of democracy and social justice and
cultural equality.
K.N. Panikkar was Professor of Modern Indian History at the Centre for Historical Studies
Jawaharlal Nehru University (JNU)
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Sri Lanka was long famous for its rich social diversity and
the harmonious co-existence of various communities. Since
independence, however, there has been a failure to define
and realize an inclusive national vision from the perspective
of this distinctive heritage. Instead, divisive politics and policies
have fostered deep social, cultural, political and economic
schisms and engendered violent armed conflict. The two
decades long armed struggle in the north (with primary focus
on ethno-linguistic difference) and the uprising in the south
(with primary focus on class disparity), reflect an inadequate
post-colonial national vision and strategy, and an inequitable
regional distribution of power and wealth we propose a
renewed and inclusive multicultural vision for the country
based on the principles of security and dignity for all groups
and persons, and respect for cultural and religious diversity.
Our attempt here is to address the causes of the conflict
while recognizing the deep scars that the violence of the last
decades has rendered upon the islands historically
multicultural society.
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In 1931 when the battle was finally won we had 4.5 percent
in the council. However we are yet to move forward from
this achievement almost eighty years later there are only
13 women in an assembly of 225. In this context it is mandatory
that the fight for equal representation of women in decision
making bodies starts at the local government level.
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Rs. 1150/-
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BOOK REVIEWS
HARBOUR LIGHTS:
THE POETRY OF YVONNE GUNAWARDENA
Sarojini Jayawickrama
Gunawardena, Yvonne, 2011, Harbour Lights: More
Collected Poems, Colombo: Bay Owl Press, Pages, 82, Price
Rs. 700/-
She shifts her focus to events at home, from the boy in the
refugee camp bereft of his mother, to the mother who has
lost her son in a comparable situation of brutality and violence.
In Requiem for Richard, a poem powerful in its indictment
of senseless killing and violence, Gunawardena mourns the
loss of a young life cruelly cut off in its prime. `Weep, weep
one more body lies/low on a wind-whipped beach. / Howl,
howl before the evening dies. / Let them not silence you/
with phials of anodyne. These lines are framed as though
they are a chorus voiced by the castrati male singers in an
opera. The device is very potent, dramatising the scene and
investing the lines with a visual impact, the alliteration and
the assonance underscoring the cruelty of the murderous act.
She passionately asserts the importance of crying out against
such atrocities and keeping memory alive, `the flames fire
burning raging against the injustice of the killing.
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home, and the country she has adopted. The focus of her
poetry is not confined to this theme. Family life and
relationships are presented in cameo-like portraits touched
with humour and irony. In Portrait of Three Children, she
depicts the gender battle between herself and her male
siblings with incisive wit. Her rebellious spirit resists the
specific gender role assigned to her, a Cinderella poised
between her two brothers in the photograph, symbolic of
her position in the family. But she has to ruefully accept
defeat; it is a foregone conclusion `for the power struggles
had been clearly defined/ to create our future cricket heroes.
In the same vein she treats another domestic battle, this
time between husband and wife, in Trumpet Concerto.
Other poems speak of her nuclear family. In School Report,
the writer of her sons report complains that. He is excellent
in this subject/... tends to daydream in the class.She,
knowing her sons special genius in numbers, fathoms that
while others played noughts and crosses his play with numbers
was productive; the numbers he scribbles on a page are the
equations that he `day-dreams.
Sarojini Jayawickrema is the author of Writing that Conquers Re-reading Knoxs Historical Relation of the Island Ceylon
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These books are worthy of recall after the twenty years and
more since they first appeared: Early Prints of Ceylon
published in 1985, Illustrations and Views of Dutch Ceylon,
1602 1796 in 1988; and 19 th Century Newspaper
Engravings of Ceylon-Sri Lanka in 1998. They were all
meticulously crafted, both in the exacting research Dr de
Silva devoted to them, and in the style and perfection these
productions achieved.
This new publication turns the page, as it were, from the
pictorial records made by the colonialists of those times to
poetic expressions of an Englishman in the early years of the
British Raj in Sri Lanka. They are unambiguous expressions
and are, in their way, as compelling in their interest as the
response of the artists using various techniques. The pictorial
artist was no critic of the landscape: he loved what he beheld,
else he ignored it. In this instance, however, we have a painful
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Alone,
While in my ear with notes of thanksgiving
The birds and falls and murmuring water sing
In love, as well as might I feel thee, One
Father of All! Diatalawe, none
Among the mountains of this isle will cling
With brighter beauty to my memory
Than thou
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the rule of Raja Sinha the Second are acquired from what
has become a seminal text: Robert Knoxs An Historical
Relation of the Island Ceylon. The book is an
anthropological narrative by an English sailor of the East India
Company who was held captive by the king of Kandy for
nearly twenty years. During this period Knox observed the
habits of the people around him, the villagers, courtiers and
what he saw of the king, recording it after his escape and
return to England. His book, published in 1681, became an
immediate success informing the British public about a
territory that was available for colonization. Its religious
overtones only superficially disguised its true objective of
establishing the relative superiority of Britain and suggesting
the need to deliver the Ceylonese from their feudal existence.
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Anoma Pieris is an architect with an academic focus on cultural theory and has degrees from the University of Moratuwa and
the Massachusetts Institute of Technology and a Ph.D from the University of California. She is the author of several books on
architecture.
Suriya Bookshop
No. 12, Sulaiman Terrace
Colombo - 05
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But whereas the LSSP was able to build a mass base and
become a force to be reckoned with in the South and to a
lesser extent in the North, the JYC had disappeared even
before the arrival of the LSSP. Counterfactually, it could be
asked if the JYC leaders had contested the 1931 election,
the course of Tamil politics would have been different. As it
turned out, none of the JYC founders was able to win an
election and become a parliamentarian. A number of them
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The sudden rise and the rapid fall of the JYC, says more
about Tamil society than about the youthful idealism or naivet
of the JYC founders. The numerical size of the community
was a factor in the sudden rise of influence of the JYC, and
it was equally a factor in its demise. Most of the principal
JYC leaders were great teachers and accomplished
intellectuals. Even without electoral success, they were held
in high esteem by the people, and even without becoming
parliamentarians, they continued to be leaders of the people.
We can only contrast the JYC experience with the more
recent and tragic experience of the Tamil society involving a
new generation of youth neither inspired by Gandhian ideals
nor committed to universal values, non-violence, or democratic
norms.
Courtesy Island
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Lipton & Co. Henderson & Co. (100 members) and Mackie
& Co. (75 members). The union at Mackie & Co. was
successful in getting eleven dismissed workers reinstated in
1940.
In the same year the U.S.P. formed unions among press and
hotel workers, domestic servants, shop assistants and the
workers on unemployment relief schemes. Small unions of
thirty members each were also begun at the India Pipe
Company and the Cargo Boat Despatch Company.9
The advance of the U.S.P. in the trade union field was due to
the success of the Malayali toddy tappers strike in early
1940. These workers spread the news of their success to
other Malayali workers in Colombo firms. The Labour
Department reported, the U.S.P. exploited the situation fully
and captured Malayali labour and organized them in trade
unions Malayali labour, buffeted hither and thither by racial
animosity and stern employers found a platform in this new
party, to ventilate their grievances.10 The majority of the
U.S.P. trade union members and many of the union officials
were Malayali, and during the first years of the war, they
formed the backbone of Communist support in Colombo.
The strike ended after nine days when the Unions accepted
the Governments offer of a Commission Inquiry by the
Controller of Labour and an interim award within a few days;
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The harbour strike was a major victory for the C.T.U.F., and
represented the first important trade union success in Sri
Lanka since the twenties. The strike demonstrated the fact
that the workers were in a strong position to obtain
concessions; the revival of trade and the growing shortage
of labour, combined with a sudden rise in the cost of living
increased the bargaining power of the workers; further, at a
time of crisis (because of the war) the government was
anxious to avoid industrial discontent and was willing to make
concessions. But the harbour strike which illustrated the
potential strength of the labour movement was also the last
major strike of the war years. From 1942 until 1945, the
opportunity for militant industrial action, was foregone, and
the workers were restrained by the C.T.U.F. which by 1942,
changed its policy towards labour agitation.
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Footnotes
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DOCUMENTS
The SSA carried out study in 2009-2010 on the theme, State Reform from Below:Local and Community
Initiatives for Peace Building, Development and Political Reforms in Sri Lanka.. In the course of this study, the
SSAs research team examined issues relating to local democracy and local governance in rural Sri Lanka. This
document is one of the several policy briefs emerged as outputs of this research initiative.
Introduction
eforming local government has been on the political and
policy agendas of Sri Lankas governments since
independence. The Choksy Commission of 1954, the
Moragoda Committee of 1978, the Presidential Commission
of 1998, and the National Policy on Local Government of
2009 are important landmarks of the continuing interest in
local government reform. The present UPFA government
recently took steps to change the system of elections to local
government bodies, seeking to reintroduce the ward system
with limited space for proportional representation. The
governments proposal for establishing a system of Jana
Sabhas at the community level of local government also
indicates a possible reform perspective. During the All Party
Representative Committee (APRC) deliberations a few years
ago, some political parties, too, showed a keen interest in
strengthening local government in Sri Lanka. Some even
suggested the revival of the Gam Sabha system.
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Printed with VOC free, non toxic vegetable oil-based environmentally-friendly ink.
Printed by Karunaratne & Sons (Pvt) Ltd. (info@karusons.com).
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