අඬමුද? සිනාසෙමුද?
This article critically examines the controversial tenure and actions of former Chief Justice Sarath Nanda Silva, detailing his abuse of judicial power for personal and political gain. It outlines his role in imprisoning S.B. Dissanayake to appease President Chandrika Kumaratunga, his subsequent legal betrayal of Kumaratunga following a personal insult regarding his behavior toward women, and his intimidation of treasury officials to secure an abnormally high pension. The author also provides a detailed investigative account of a 2004 incident near Diyawanna Oya, where police allegedly found the Chief Justice half-naked in a parked vehicle with a woman, using the cover-up of this event to highlight the systemic corruption and apathy within Sri Lanka’s political, parliamentary, and judicial systems.
What Can Happen?
Victor Ivan returns to Johan Galtung’s warning that Sri Lanka might end up temporarily under United Nations administration if it fails to manage its crises. Having read Ivan’s An Unfinished Struggle, Galtung reasoned that a judiciary decayed to that degree implied equal decay elsewhere, and that only a failing state deteriorates so far. Ivan’s test is whether serious mistakes get corrected, and he finds no mechanism that does. An election was held without an elections commission because the President twice refused to approve a list the constitutional council had vetted and cleared; parliament and the judiciary both declined to intervene; and with the council’s own term expired, the police and public service commissions cannot be constituted either, making every transfer, promotion and disciplinary action in those services unconstitutional. A year after the tsunami, 6% of the required houses are built — seventeen years at that rate — and the country cannot yet say how many of its dead were men and how many women. He then reads the party system as collapsing: Thondaman reduced to seeking LTTE shelter, the UNP too decayed to reform itself, the SLFP surviving only on state power. Only the JVP and the LTTE retain vigour, and both, he argues, have spent their history accelerating the state’s decay.
A Country Destroyed by Leaders
Victor Ivan argues that Sri Lanka has become, or is fast becoming, a failed state — a term its academics resist because they fear UN administration, while making no serious intervention to correct the country’s course. His test is the constitution: legislature, executive and judiciary alike decline to respect it, and none treats honouring it as a condition of the system’s survival. The 17th Amendment provides his illustration. A presidential campaign is underway with no elections commission in place, the President having refused to approve a name the constitutional council investigated and cleared. The elections commissioner, past retirement age and unable to leave his post because no commission exists, went to court and was told there was nothing the judiciary could do; parliament did not debate the matter at all. The constitutional council itself has been dormant for months, leaving Court of Appeal vacancies unfilled, with the IGP retiring in November and the terms of the Police and Public Service Commissions expiring. Appointing new members falls to the Prime Minister and the Leader of the Opposition — the two men now contesting the presidency, neither of whom appears interested.
Who Wins?
Victor Ivan reads the JVP’s place in the Alliance government as a third attempt at the ambition two rebellions failed to deliver. The 1971 rising, aimed at simultaneous attacks on police stations across the Sinhala areas, Sirimavo Bandaranaike’s government put down in days; the second, seventeen years later, killed its opponents methodically and came close to power before the Premadasa government crushed it. Having abandoned armed struggle in 1994 and entered parliament in 2001, the party now holds a share of power it means to convert into the whole. Ivan credits it with persuading the President to seize three ministries and dissolve a parliament the UNP controlled, against her own promise and at the cost of her party, and with using state power and state media unlawfully in the campaign that followed. Each then hoped to use the other and neither can now escape: the JVP cannot leave, the President cannot sack it, and both must ridicule the other to keep their own credibility. Meanwhile the Alliance is bound to a JVP economic programme — state sector, self-reliance, a mixed economy, no privatisation, no interim administration for the north-east — that Ivan thinks belongs to 1970 and has no room in the world today. He expects her to end up playing her father’s part.
The cat is out of the bag
Two TAFREN advertisements, four days apart, expose what the 100-metre coastal building ban was for. The first, on 27 February, told the country that homes destroyed inside the zone could not be rebuilt and that the government would provide 500-square-foot replacements. The second, on 2 March, exempted buildings permitted before 26 December 2004 by the Tourist Board and other authorities — which may remain, may be repaired, and may be completed if construction had begun. Victor Ivan concludes the rule applies only to ordinary residents, and that its purpose is to clear the most valuable land in the country for the tourist industry. He notes that a Coastal Zone Management Plan already existed, drawn up by specialists, with a conservation zone varying from twenty metres to more than a hundred according to local conditions, and even anticipating a tsunami; the government consulted neither the Coast Conservation Department nor its experts, who are now unwilling to quarrel with those holding absolute power. Coastal residents and hoteliers had coexisted profitably, he argues, and turning the industry into an occupier will serve neither.
The tsunami can become a political tsunami
A month on from the tsunami, Victor Ivan warns that mishandling the recovery could produce a political tsunami destructive to the government and the opposition alike. He attacks the 100-metre coastal buffer imposed by TAFREN: damage reached 400 metres inland at Telwatta and in Galle town while some houses at the water’s edge stood untouched, so the rule bears no relation to where the danger actually lay. It also bites only on the unlucky — those whose houses survive may stay, those whose houses were destroyed may not rebuild — and leaves the displaced waiting in camps for a house in a location of the government’s choosing, or buying land themselves. Pacific nations facing the same hazard do not clear their coasts, relying on warning systems and tsunami-resistant construction instead. Ivan argues that resettlement without consent breaches both UN policy on the displaced and the constitutional protection of private property, and sets out an alternative: let landowners rebuild where they lived, give them the per-capita sum the government would have spent, extend credit to ruined businesses, and revive economic life quickly.
Overcoming the disaster
Victor Ivan treats the December 2004 tsunami as a test the Sri Lankan state failed. Warning instruments existed and went unused; the armed forces were instructed too late to be effective outside the north-east where they were already concentrated. Forty-eight hours after the waves the government allocated Rs 100 million in urgent relief — a hundred rupees a head for a million destitute — and eight days later the President’s office put reconstruction at Rs 100 billion against the Central Bank’s provisional Rs 400 billion, a sum equal to a full year of government spending or three years of Tokyo consortium aid. In twenty minutes the country lost lives and property comparable to twenty years of war. Ivan argues the two catastrophes cannot be addressed separately, since housing tsunami victims alone would affront those displaced by the fighting, and calls for a two-year all-party government charged with physical reconstruction and with enacting a new constitution — something he thinks civil society will have to compel the parties to accept.
Government in a Stalemate
Victor Ivan traces the trap the UPFA government has built for itself. Resuming peace talks would solve both its problems at once — the TNA would support it at least from outside, curing the parliamentary shortfall, and the international aid package would ease the economic squeeze. But the JVP promised the country it would block the interim proposals and shut out Norway, and Ivan concedes their refusal is consistent even if wrong. The SLFP, having called the peace programme a treacherous plan to hand the LTTE a separate state, cannot now embrace it either; nor can the President drop the JVP for the UNP, which holds more seats than her own party and could bring down any government it supported from outside. Even the constitutional change for which she dissolved parliament has lost its constituency. Unable to move, the government buys public opinion with concessions the economy cannot fund, driving inflation and interest rates up on Treasury Bill issues and the rupee down. Ivan closes on Norway’s Vidar Helgesen, who likened the war to a frozen iceberg now melting as the talks collapse.
Voluntary March Towards Destruction
Victor Ivan argues that neither the UPFA nor the UNP read the 2004 election result correctly: the government took a near-tie as a mandate, the opposition as a victory, when both should have read it as a demand for consensus. Parliament has sat three times since the election, spending those days on abuse and fisticuffs while costing Rs 1.9 million a day whether it meets or not. The government advertises the repeal of the Tax Amnesty Act and the compensation formula though no amending bills have been tabled, and diverts youth brigade funds without the parliamentary approval such a transfer requires. Having roused the trade unions against its predecessor, it now cannot drive back the demon it summoned; having roused the country against the Norwegian-brokered talks, it now wants negotiations in an environment of its own poisoning. Ivan holds not only politicians but intellectuals, the private sector and society at large responsible for standing aside, and expects wisdom to arrive only after the fall.
The UPFA Government’s Future
Two months after the 2004 general election the UPFA still lacks 113 seats, and Victor Ivan sets out why it may never reach them. Thondaman’s CWC is gone, the TNA route is closed by the JVP’s line on the LTTE, and the crossover rule strips defecting MPs of their seats — except the JHU’s bhikkhu MPs, who contested without a party constitution and so cannot be disciplined, though poaching them would provoke the JHU into fury. Until the government proves its majority it can do nothing else, including the new constitution the President dissolved parliament to obtain, and only fourteen months remain before the presidential election. Ivan then turns to the economy, arguing the UNF lost because ordinary people saw no dividend from peace while the business community did, and warning that the end of the garment quota system in December threatens an industry supplying 60% of export income and up to 150,000 jobs at home and in the Middle East. The JVP, he concludes, has shown a clean lifestyle but not yet the maturity its mandate demands, and its fate may prove more tragic than the traditional left’s.