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In the name of democracy

30 Oct 2022

It has been said that Sri Lankans exemplify what is called ‘island mentality’ and are generally known to be a carefree, easy-going, happy-go-lucky kind of people. While that laid-back attitude is not something that should cause concern, recent events however have shown that it is that very attribute that politicians leverage for their benefit, over and over again. Last week, two events that should have raised more than a few eyebrows, in fact, took place on the same day, Thursday (27), with hardly any reaction from the people who, not so long ago, were braving the elements at Galle Face for months on end, demanding change and accountability from their leaders. The two events were the re-birth of the latest phase of the Aragalaya at Hyde Park on the one hand, and on the same day, the re-activation of the Sri Lanka Podujana Peramuna’s (SLPP) revival campaign in Puttalam, led by the Party Leader. Three months ago, such an event would have been unthinkable, but that is how this country works and that is why this nation always finds itself getting the wrong end of the bargain. For a nation that works on a notorious two-week memory cycle, three months since the unprecedented people’s struggle must surely seem like an eternity and that probably explains the silence, indifference, and return to ‘island life’ mode. The mockery of it all is that the very entity and its leadership that have been universally held responsible for precipitating the economic calamity that the nation is grappling with and, more seriously, accused of economic high crimes by no less an entity than the UN, is now re-launching itself to ‘rise again,’ while not a hum has been heard from the new leadership on accountability for the crimes committed. It is noteworthy that whatever legal action has been initiated to bring those responsible to book are private plaints filed in the public interest by non-State actors, while the State apparatus that has been hyperactive in pursuing protesters on the flimsiest of grounds has been mute on the matter.  But, as recent history has demonstrated, there is every possibility that the laid-back populace will be jolted into action when reality begins to bite once more, when the full effects of the new tax regime come into force. All indications are that contrary to expectations, inflation will continue to rise as a direct result of it. Given the precarious state of the economy, the warning from the Head of State no less that the light at the end of the tunnel is yet a long way off, and the IMF continually shifting goalposts probably in anticipation of an imminent election, the road ahead bears all the signs of a return to the status quo ante of three months ago. The call for a General Election is growing louder by the day, with the SLPP itself beginning to speak on the subject on its campaign platforms – the most recent being Thursday’s Puttalam rally. Considering the millions who took to the streets, all Opposition parties and now even the ruling SLPP too have joined the bandwagon on the call for a fresh poll. The only one seemingly opposed to the idea appears to be the interim leader, who, by the looks of it, is revelling in the post. As the Bar Association of Sri Lanka has pointed out, there is little hope for the system change that people were clamouring for via the 21st Amendment, which for the most part has left the presidency untouched in its present form. However, one positive outcome of it is the reversal of the dual citizenship clause. By reverting to the provisions of the 19th Amendment at least on this specific matter, dual citizens can no longer aspire to become members of Parliament, thereby closing the door to at least one prominent aspirant. This amendment no doubt appears to have touched a raw nerve within a specific group of the now-factionalised SLPP. One faction that objected to the reversal of the dual citizenship clause openly boycotted the vote in Parliament on the 22nd Amendment Bill, but nevertheless failed to prevent its passage with a comfortable two-thirds majority. However, by resorting to that tactic, this faction managed to expose the identity of its members and their not-so-great clout within the party. Obviously still smarting from that episode, the party’s General Secretary, who now identifies with that particular group, lost no time in calling a special press conference last week, simply to draw parallels to the appointment of Rishi Sunak as the new British Prime Minister. Unfortunately, the comparison fell flat on its face as Sunak is as British as a Britisher can be. Born and bred in Britain and having studied and lived in Britain all his life, it is a poor comparison with someone who has traded their original citizenship in favour of another and reverted to dual citizenship purely for personal gain. The continuing deception and mediocrity, which have been the hallmark and legacy of our ageing politicians who unfortunately still hold sway owing to the disunity and prevarication of the collective Opposition, leads to the question of when it will all end. Sri Lanka missed the bus to put things right ages ago and can no longer suffer the rule of mediocre leaders. That said, the only way the interim regime can prolong the status quo is through resorting to strong-arm tactics, which unfortunately appears to be the favoured option at this juncture. In implementing this strategy, it is inevitable that law enforcement will have to impinge on personal and fundamental freedoms.  But the silver lining once again appears to be the law fraternity, which has solidly defended the people’s right to freedom of expression and stood firmly with the people in their pursuit of justice and fair play. The black-coated gentry seem to have taken on the battle to put a stop to the misguided conception resorted to by the leadership in using provisions of the Police Ordinance to override the provisions of the country’s Constitution. Errant cops following illegal orders from the hierarchy are now being personally hauled up before Court on that score. The lawyers’ principled stance in the name of defending the basic rights ascribed to the people has been endorsed by no less an authority than the Human Rights Commission of Sri Lanka, which issued a statement on Friday (28), emphasising that regulations made under the Police Ordinance were not permissible if they impacted the exercise of fundamental rights and freedoms guaranteed by the Constitution. This comes hot on the heels of the Supreme Court determination the week before on the controversial Rehabilitation Bill. This was yet another instance similar to the constitutional coup fiasco, where the powers that be have been constantly kept in check by the apex court. The nation owes a great deal of gratitude to the Supreme Court for upholding its rights in the face of constant challenges arising from the very individuals who have sworn to honour and defend the Constitution. If not for this bulwark, it goes without saying that the nation would be in a far worse place, with politicians making and breaking the rules as per their exigencies. It is testimony to the critical role that democratic institutions are called upon to play during times of crises and more notably the importance of the separation of powers, which, in the end, make up the checks and balances that are so critically important to ensure that democracy stays democratic.  


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