Gajalakshmi Paramasivam
03 July 2017
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Picture Courtesy Groundviews
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English
– the Link Language
“Freedom of expression, right to
a religion and attacks on minority religions have been in discussion within the
last couple of days. It has raised a heated public debate, unending discussions
among academics of various fields. Following the interviews with Minister
Wijedasa Rajapakshe and Attorney-at-law Lakshan Dias, the ‘Daily Mirror’
contacted different professionals and leaders in religions and of the civil
society seeking their points of view in this social dilemma.” Daily Mirror
The Karaka Sangha Sabhawa of the
Asgiriya Chapter has said a new Constitution was not the need of the hour.
The Sanga Sabhawa which is headed by
the Asgiriya Mahanayake the Most Ven.Warakagoda Sri Gnanaratana Thera passed a
resolution to this effect after a lengthy discussion.
The members of the council had also
resolved that the foremost place accorded to Buddhism and the unitary character
of the country should be retained and the executive powers of the president
should not be scrapped.
The Council said electoral reforms
could be introduced in the form of a constitutional amendment if necessary and
noted that the draft proposals for constitutional changes had been discussed
with the involvement of NGO representatives who were advocating power
devolution. However, the Mahasanga were not invited for this meeting.
Blurb -- The Council has also resolved that the
foremost place accorded to Buddhism and the unitary character of the country
should be retained and the executive powers of the president should not be
scrapped. (J.A.L. Jayasinghe) – Daily Mirror article ‘SL not in need of new Constitution: Asgiriya
Chapter say’
At the back of my mind when reading this was the sharing by Dr.
Christopher Pulle – a strong believer in Christian Order:
“There
is a tide in the affairs of men, which when taken at the flood, leads on to
fortune. Omitted, all the voyage of their life is bound in shallows and in
miseries.” - Brutus to Cassius in Julius Caesar.
To my mind, this is about how best we merge with Nature – i.e. – the rise
and fall of the sea under the influence of other parts of Nature – such as the
Sun & the Moon.
I feel strongly that Sri Lanka’s tide is high now. Those living out of
the past get left behind. In terms of
Buddhism – those who are ‘possessive’ of their past status through Buddhism – are
asking to be Indigenous while others seeking to ride the high waves and go
global which may not be facilitated by the Buddhism pathway in Sri Lanka.
Article 9 of the Constitution of Sri Lanka provides as
follows for Buddhism to be foremost:
9.
The Republic of Sri Lanka shall give to Buddhism the foremost place and
accordingly it shall be the duty of the State to protect and foster the Buddha
Sasana, while assuring to all religions the rights granted by Articles 10 and
14(1)(e)
The Buddha Sasana therefore becomes foremost in status – above all other
laws. Effectively therefore, discretionary powers to rule are not available to
non-Buddhists where the leader is a Buddhist.
The confusion in thought order is
strongly highlighted by the Groundviews
article - Bar Association of Sri Lanka (BASL) on
Lakshan Dias . A relevant excerpt is as follows:
[The reply sent by the Bar
Association of Sri Lanka [BASL] to Lakshan Dias is embarrassing.
Faced with a belligerent Ministerial
threat to disenroll him Dias had emailed Amal Randeniya, the Secretary – BASL
seeking assistance. Randeniya’s reply was to ask Dias to forward ‘an affidavit
with all the facts pertaining to the matter’. The first point of embarrassment
is the wording of the response itself. Lawyers wrangle about the specifics for
a living yet, Randeniya chooses to be vague. After all there are several
‘matters’ here. They are;
· The threat made by Minister Rajapakse.
· The matter regarding the statement made by Lakshan
Dias with regard to the attacks on Christians and their churches.
On both matters an affidavit is
unnecessary and the request ridiculous. Why does the Bar Council need an
affidavit on the threat [point (a)] as Minister Rajapakse has not denied it? In
widely publicised statements Rajapakse has in fact confirmed it.]
The root problem here as I see it is – which law
empowered Mr. Wijeyadasa Rajapakse to act as he did? – His portfolio as
Minister for Justice or his portfolio as Minister for Buddha Sasana? Out of the two – the one he is more natural
with is as Minister for Buddha Sasana. Mr. Lakshan Dias on the other hand is
riding with the global tide and is entitled to outcomes along the global
pathway in Justice. His base is through his study of law in the Sri Lankan
environment which is different to the way the same law is practiced in other
environments. When such are close to the root – some kind of Separation of Powers
is needed to prevent conflict at early stages. The allocation of Ministries
carrying this kind of risk is the root cause.
The ‘confusion’ is highlighted by the author of the
above article:
[The legal profession is the profession of Abraham
Lincoln, Mahathma Gandhi and Nelson Mandela. Impeachments and disenrollments
are the hallmarks of tyranny and dictatorship. Rajapakse’s bullying was
unacceptable and it should have been condemned. The BASL side stepping is
embarrassing and unfortunate. It is a small-minded response having failed to
see the bigger picture]
If the Bar Association of Sri
Lanka, (BASL) acted as Gandhi did – they would have been punished by the
Executive as the former Chief Justice was. In any case – Gandhi’s glory is due
to practicing his Truth. Affidavits have different purposes and they help formulate
the matter as per one’s own experience. I learnt that through a Colombo case
that Buddhists do not swear but only affirm. To my mind, one who affirms is
limited to stating what happened. One who swears confirms her/his Belief in
her/his personal form. Fact based merely on observation does not lead to root
cause. Fact based on one’s experience is Belief based – and this is confirmed
through swearing. An Affidavit from an Attorney at Law who believes in the law –
would carry that power and strengthen the due processes of the Profession.
If both sides represented a certain section of the Public – and the side
represented by the Minister had stronger belief in the issue through Buddhism
than the side represented by Human Rights Lawyer Mr. Lakshan Dias, – through common Secular
Justice system –then the as per the system of
Natural Justice, the Minister for Buddha Sasana had the authority to ‘judge’. I do believe that this is an interesting
test case for the Judicial system in Sri Lanka, in relation to the practical
application of the ‘Buddhism Foremost’
clause. It needs to be addressed before
a new Constitution is written from within – as per our Truth.
To my mind – if Buddhism Foremost prevails there needs to
be ‘separation’ of Ministerial Powers – so that Common Portfolios are religious
portfolios are not vested in the one person. In her speech at the launch of ‘Testimonies
of Silent Pain’ on 26 May, PROFESSOR
MAITHREE WICKRAMASINGHE – who
to my mind is the first lady of Common Sri Lanka, stated as follows:
[It
gives me great pleasure to join you – young women and men writers – as you
launch your work in the anthology ‘Testimonies of Silent Pain’.
I
will be speaking in English. As Professor in the Department of English, I am a
firm believer in the potential of Sri Lankan English as a link language that
could build bridges among the different speech communities in the country.]
The Lady used the language through which she earned
her high status in Society. This has helped her have deep insight into the
causal reasons – confirmed as follows:
[A couple of days ago we marked
eight years since the end of the war.
It is often claimed that time is a
great healer. But I would like to question whether this is so for everyone?
Yes, certainly for some people –
both in the divides of the South and the North, the war seems to have become a
distant, though scarring memory. Life has gone on, been lived, people have
moved to new cities, countries and continents; found new jobs and livelihoods,
married and had children, begun to treasure and relish life once again.
But
for others, specially those who have been directly affected in the North and
East, those amongst the two fighting forces, and those lacerated by battle and
bombardment, the war still remains a festering abscess. Life remains a daily
struggle: to deal with loss – the loss of life, of family and loved ones; of
occupations, positions, possessions, inheritances, and heritage. And most
crucially, the loss of self – in body and mind.]
As
the Prime Minister’s wife – she would not have expressed as she did. But in her
own rights – the lady has demonstrated the dignity of the Power of One – the Power
of Truth, which is confirmed as follows:
[Remember, we
all have the potential for self-initiative, for proactivity, and for
resistance. Perhaps not on a grand scale but certainly at the level of the
individual and the personal. In other words, when it comes to lasting peace and
genuine reconciliation, do not forget that,
we
have the power, as individuals, to anticipate and be preemptive in what we say,
do and practice;
we
have the power, as individuals, to advocate and self-initiate changes that are
just and inclusive;
and
most importantly, we have the power, as individuals, to question and speak out;
and
to rise up and resist fear-mongering, prejudice and injustice as and when they
occur.
If
you really think about it, it only calls for everyday, ordinary, individual
action – not only to prevent a culture of impunity but also to institute a
culture of accountability.] -
Great example not only for citizens seeking Common
Sri Lanka but more for the Ministers who lack exposure to wider cultures. If
Minister Rajapakse respects his mother – he would respect the First Lady – and would
demonstrate commitment to secular law – which in the minority portfolio for him
or renounce the secular pathway and become fully committed to Buddha Sasana –
as if he were part of the Buddhist clergy.
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