FEATURE

Horror of a pogrom: Remembering “Black July” 1983 

by D.B.S. Jeyaraj

The tragic history of post – independence Sri Lanka records that the Tamils of Sri Lanka have been subjected to mass –scale mob violence in the years 1956, 1958, 1977, 1981 and 1983. The anti-Tamil violence of July 1983 was the most terrible and horrible of them all. It remains etched in memory even after 27 years. [dbsj]

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Why cannot Sri Lanka make race hate speeches and utterances a principal offence?

by Lynn Ockersz

President Mahinda Rajapaksa is on record that he has cautioned sections of his ruling coalition against stoking communal disharmony and this position would, no doubt, be widely welcomed by the ‘moral majority’ in Sri Lanka whose hearts are in a future that would be shared among Sri Lanka’s communities. We have had no ominous indications, so far, of communal friction of any kind erupting in the wake of some already hotly debated ‘post-war issues’, such as the full implementation of the 13th amendment, but complacency carries its perils and it is gratifying that the President has sought to pre-empt stirrings of a communal kind which could make short work of the current widespread Lankan hopes of a stable future.

Admonitions of this kind need to be issued more than occasionally from government leaders for the preparation of the collective consciousness of the people for taking on the exacting but largely untouched challenge of nation-building in this country but it is best that verbal exhortations and moral persuasion are backed by relevant legislation and other legal instruments to prohibit and ‘outlaw’ the lethal cancer that has been assailing the local body politic over the decades. Such legislative and legal deterrents, besides helping to contain communalism, would have the added positive effect of building trust and mutual acceptance among our communities.

A political solution to our conflict, which would address in full the issue of empowering our communities and making them equal stakeholders in the Lankan state, is one of the most urgent national priorities currently, but governments have been notoriously slow-footed in delivering on this score and only the politically naïve would expect an accelerated drive for a political solution this time around too, particularly now that the LTTE has been militarily crushed and the perception seems to be gaining ground among some that a political solution would, indeed, be superfluous or needless. However, international pressure has been mounting on Sri Lanka over the months for a political solution and such pressure cannot be shrugged-off, particularly if there is substantial dependence on the part of the Lankan state on the world community for financial and development assistance and, this, of course, is very much the case. But if past experience in ‘peace-making’ is anything to go by, one cannot expect the Lankan government to be in what may be described as a mighty hurry to work out a solution, although some moves could be expected in this direction.

However, if the government has acquired a clear and comprehensive understanding of the national interest, it would not indulge in any more feet-dragging on this issue and the President, through his recent warning to sections of his governing coalition, on the question of rousing communal passions, indicates that he, indeed, has grasped the gravity of delivering a political package without inordinate delays. Regardless of whether this solution is ‘homegrown’ or otherwise and irrespective of whether it provides for a state dispensation containing ‘federal’ or ‘unitary’ features, the political package would need to address in full the felt need among the minorities for equal citizenship and empowerment, in all its dimensions. Anything short of these requirements would leave the National Question hugely unanswered and ensure that the challenge of nation-building continues to remain unaddressed. For, equal empowerment and citizenship, along with substantial group rights for minorities, are essential ingredients in nation-building. Without these binding elements Sri Lanka would remain disunited.

Hopefully, then, the recently formed All Party Development and Reconciliation forum would prove productive and result-oriented, although it is not clear at present whether this widely representative, somewhat clumsily large forum would be charged with addressing the question of a political solution. Nor is there any intimation of what the future of the APRC would be, although we have been told it has been working on a political solution for well over two years. Getting its act together is a matter for the state and this it would need to get round to if it is in earnest when it says that it is for a political solution.

While it would be realistic to expect a meandering forward drive to a political solution, given the highly contradictory pulls and pressures on the government, it cannot be excused for not putting in place policies and practices in the short term, that would help in paving the way to the expeditious working out of a political solution. Some such measures have already been touched on and they relate to the containing of communalism. It needs to be noted that a head-on confrontation of communalism in all its forms by the state, could help in furthering national integration and thereby lay the basis for nation-building.

Besides, putting in place the legal machinery, for instance, to contain communal violence in all its manifestations, why cannot the state make race-hate speeches and utterances, a principal offence?

We should see moves in these directions by the state if the foundation is to be laid for closer national integration and the expeditious working out of a political solution. Besides, these measures would prove immensely effective confidence-building steps in inter-communal relations.

It would also prove advantageous, from the viewpoint of communal amity, for the Lankan state to have a close look at legislation, such as, Britain’s Race Relations Act of 1976. Britain has been at the receiving end of charges in some quarters over the decades, that it has not been doing enough to curb racial intolerance and violence within its boundaries. Whatever the merits or otherwise of these charges, Britain could produce concrete proof that it has in place the legal and other relevant machinery to handle racial intolerance and violence and one piece of evidence to prove this is the just mentioned Act.

Of special interest under this category of legislation, is the creation of Race Relations Councils, under The Race Relations (Amendment) Act 2000, which, among other things, are charged with eliminating unlawful discrimination in local authority areas, promoting equal opportunities and promoting good race relations between persons of different racial groups.

What is presented here is a brief overview of the relevant legal machinery and legislation and a more in depth look at them is necessary to ascertain how they could be adopted to suit Sri Lanka’s conditions and requirements. From the point of view of rectifying communalism, even India, we are certain, could prove useful, if one would only care to study the relevant institutional mechanisms and other relevant arrangements.

There is hope in some quarters that the Tamil groups currently partnering the government, would prove a boon in working towards a better deal for the Tamil community and in taking the country forward to a more progressive future. Well, one way in which Karuna, Douglas Devananda and Anandasangaree could make a positive contribution is by at least helping to decommunalize social relations. They will need to prove that are indeed capable of improving the lot of the Tamil people.

6 Comments

Timely poser "Why cannot Sri Lanka make race hate speeches and utterances a principal offence? " by Lynn Ockerz. In my view this should have been done at least sonn after SWRD's murder. But still I agree the need is there.

Unfortunately the President himself believes in home grown solutions. He prefers speeches with promises rather than speedy actions to house those words in country's constitution by amending them. Recently after hsi triumph over LTTE he said ther is no majority and minority in Srilanka. There are only two groups. One who are patriotic and the other unpatriotic. In this context Lynn Ockerz's poser becomes a no brainer, bacause the President knows what to give and what not to give.

On the other hand I am totally confused by the concluding request or suggestion : Well, one way in which Karuna, Douglas Devananda and Anandasangaree could make a positive contribution is by at least helping to decommunalize social relations. They will need to prove that are indeed capable of improving the lot of the Tamil people. Am I to take that Lynn Okerz strongly believes that the above trio has influence over the majority in the south including the supporters of JVP, JHU and the Sangha to make that change ?

Posted by: M.Thiru | July 9, 2009 02:00 AM

With a twist of strategy, Mahinda Rajapakse said "for reconciliation to happen there must be a mix of ethnicities". This he said to defend his view that there should be no federalism in Sri Lanka(SL), in an interview with a correspondent of "Hindu" newspaper. But Tamils are asking for the independence of Tamil Eelam(TE), also with a "mix of ethnicities", and not federalism.

Though a "mix of ethnicities" and aa "unitary state" existed for the past 60 years, there was no reconciliation in SL. Instead, a mental virus of anti-Tamilism, similar to anti-semitism, was planted into every Sinhalese to end up in an irreversible Sinhala culture of cruelty, ruthlessness and injustice to Tamils.

Reconciliation is not a word for an eloquent political rhetoric or international deception. It is a Christian concept, based on the bringing together of distanced sinful man to holy God, by Lord Jesus Christ, dying on a cross as a sacrifice.

Surely, reconciliation is a powerful spiritual tool to bring together the distanced, affected and wronged people to the affecting and wronging people, if only done with true spirit and lots of love. It worked in South Africa and it can work in SL.

Experts say that for reconciliation to take place anywhere the precursors are; truth, justice, accountability, remorsefulness and restitution. The order of these factors may differ but all of them will have to take place without leaving out any of them.

Fittingly, the Sinhalese should be made to see the truth that it is wrong to discriminate, subjugate, murder and rule over Tamils and occupy their land forcibly.

Also, the Sinhalese will have to accept the political truth that Tamils have their homeland - although Sinhalese also lived along with them; named it as Tamil Eelam democratically in 1976-1977 by the fathers of the present Tamils; and have the right of self determination according to the UN conventions.

Even if the political truth is known, without accountability and justice, there will never be remorsefulness from the Sinhalese and forgiveness from the Tamils to achieve reconciliation.

If the Sinhalese are not willing to accept accountability for Tamil genocide, displacing about 300,000 civilians, killing and maiming tens of thousands and bombing and destroying property, they are not ready for reconciliation.

If the Sinhalese are not willing to bring the war criminals to justice in a neutral court like the Hague, they are unwilling to reconcile with Tamils.

Reconciliation is a holy concept and should be handled with honest remorsefulness and love. Can Mahinda Rajapakse do it? He says he can. If done two years ago,it would have saved the island and its people from a ruthless war, war crimes and genocide.

Posted by: Justin | July 9, 2009 06:41 AM

If Tamils, live in Sri Lanka, in the North, East, West and South, they should consider themselves, Sri Lankans. While living and enjoying the freedom to live anywhere and if they also want to have a war and have a seperate Elam within the country and then the Muslims want another state, then we will have a pickle, not a country. Discremination is a two way street. If we live in Sri Lanka, whether, Singhalese, Tamil, Muslim, Malay, Christian, Hindu or Buddhist we should be proud to be Sri Lankan. All should have the same rights to own land and live peacefully. We should also strive to have a two party system where all races could join and disband all communal parties and fight for equal rights and human rights for ALL. It would also be better for us to get rid of the Precidency and have a parliament with an elected Prime Minister and may be an upper house that we used to have. An all powerfull Presidency is not good for a small country like ours.

Posted by: Anton | July 9, 2009 02:05 PM

I am not sure how this will help as there is always a gap between the laws and its proper implementation.

My major concern will be that these types of laws may enable the Terrorrist State to implement the law selectively on its enemies.

Posted by: M FERN | July 10, 2009 04:58 AM

This is fundamentally a racist government pandering to basic instinct of sinhala majority to survive in power. it is unwise to expect from this govermnt any legislation that would address minority grievence.

Posted by: Anonymous | July 11, 2009 01:10 PM

There is a simple answer to the question, "Why cannot Sri Lanka make race hate speeches and utterances a principal offence?"
Most of the flagrant violators of such a law would turn out to be buddhist monks who spread hateful anti-tamil venom (these violators are also connected to powerful politicos). There in no chance for such a law in Sri Lanka.

Posted by: Pragmatist | July 11, 2009 01:12 PM

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