Rejection and ‘role morality’: Only way out of the abyss

 Do not get carried away! Promises will be made and gifts will be offered close to elections – Pic by Shehan Gunasekara

• A message to all, especially the Military and Public Service

Sri Lanka is presently at its most decisive hour. Either we continue in the path of being duped by elected representatives or choose to change the insidious system, which has pervaded all levels of society. It is clear now that changing the system is the only way out of the abyss. Otherwise, all of us are doomed. 

The state of affairs of Sri Lanka could be best described by some of the opening words of ‘The Tale of Two Cities’ by Charles Dickens; “This is the worst of times, this is the age of foolishness, this is the epoch of incredulity, this is the season of darkness, this is the winter of despair, we have nothing before us, we are all going direct the other way”. Yes, going to hell, unless we reset the system.

Ours is a country blessed with abundance and potential to be harnessed for prosperity surpassing most other nations in the world. We have everything. We were called the ‘Garden of Eden’ and have even given the word ‘Serendib’ to the English lexicon; the dream land. Yet, we are still in the doldrums.

We should realise that a cornerstone of electing good representatives is by rejecting undesirables. Otherwise, it is a license for the undesirables to continue.

Incidentally, the term ‘ballot’ is derived from Greek, the language of the cradle of democracy, meaning small pieces of pottery to scratch names of people to be ostracised or exiled, meaning to be rejected.

Replacements then would occur naturally after rejection, similar to the evolution of species through natural selection. The biggest mistake is to wonder about the replacement. That is really a subconscious excuse to still remain servile to those ‘master sirs’ predicated by slave mentality. That is fear of independence like those in the allegory of ‘Plato’s Cave’. They know only to be slaves and need to be emancipated with education to be sensible.

Those who should be rejected are not only those undesirables who have misused the system, but also those who have permitted them, turning a blind-eye on some pretext or another. Turning a blind-eye is a greater offense than the crime itself as that amounts to approving it or giving a ‘license to kill’. Crimes are reduced not by praising those who do not commit crimes but by rejecting and punishing those who do, indicating that their actions are not tolerated. That is how deterrence works. 

What is more important than proof of misdeeds is the image and reputation, which are essential for good leadership. That is what happens in developed nations, in the best militaries and successful companies around the world. Politicians in developed nations resign before they face the ignominy of rejection. Senior military officers and senior managers of successful companies are removed without proof of impropriety because tarnishing of reputation makes them unsuitable to hold office. In the military it is known as ‘Role Morality’ conceived by Immanuel Kant as “categorical imperative”, meaning unconditional proper conduct in all circumstances, especially acting conscientiously under duress or threat. In a good military, there is no place for those with bad reputation or bad ‘role morality’. The same apply to those who govern the country or hold high positions. It is called ‘Noblesse oblige’! 

Who are these undesirables? They are those who have faithfully practiced subjugation and corruption to bring our nation to this perilous state.

(1) Discrimination and inequality

(a) This is creating communal and social inequality destroying aspirations leaving only a selected few to prosper, depriving others of any chance.

(b) This is the greatest cause for our downfall. There is no way for a divided country to develop with a marginalised section of society. That naturally leads to frustration, despondency, disillusionment, and disharmony, eventually leading to conflict.

(c) There have already been four ‘aragalayas’; the Left-wing student uprising of 1971, the Northern uprising beginning in 1983, resurgence of the militant Left-wing in 1989 and the GotaGoHome revolt of 2022. All these were valid in their own right. Despite being personally involved in managing the conflicts in all of them except the last, even facing threat to life, I always understood the deeper reasons behind them rather than condemning them. I still do. When agitation for equality is suppressed, violence becomes the only recourse available. Oppressions and suppressions beget resistance. All these eruptions were symptoms of a greater malady, and not the illness itself. The greater illness was marginalisation sections of society dashing their aspirations for equality.

(d) Divisive politics have repeatedly fomented discord amongst communities. The armed forces have always risen to the occasion when matters go out of control. They have admirably exercised restraint to protect non-combatants even at personal risk in the true spirit of “jus in bello” [ethical conduct of war].

(e) However, the irony is that the very problems are created deliberately by those who govern in what is an insidious “game of thrones”, calling the armed forces to settle the issues whilst the creators of the problem sit back and enjoy. After years of fomenting discord between the Sinhalese and Tamils, the most blatant was the recent efforts to demonise Muslims and driving a wedge between Muslims and Christians.

(f) Each of us may have our own political affiliations but it is time now for servicemen to show their displeasure democratically that this ‘game of thrones’ cannot continue anymore. The country and its people are more important. Otherwise, we are in peril.

(g) The 4 aragalayas should open our eyes. We should critically analyse the reasons. If the causes that led to the struggle are not eliminated, resurgence of violence is inevitable. Second World War is a classic example of such resurgence due to unreasonable punitive action imposed on Germany in the aftermath of the First World War.

(h) Unfortunately, some of us get deceived and carried away by repeated fear mongering by divisive forces. Those who get so carried away are scared to face reality. That is cowardice.

(2) Corruption, mismanagement and abuse of power, for personal gain

(a) The country has been pushed to bankruptcy by political mismanagement, political impunity and political interference for the greater period since independence. There is no doubt that the greatest cause for the perilous economic state of the country has been corruption and abuse of power. The independent reports of successive ‘Auditors General’ bear testimony to it.

(b) Abuse and corruption have inevitably permeated the bureaucracy, including even the military. Being servile to gain political patronage has become the norm and the best way to sustain and prosper.

(c) Embezzlement is not the only abuse of power. Government machinery has been continuously weakened and made totally inefficient by being overloaded to give employment to political stooges depriving opportunities to others. State Owned Enterprises (SOEs) have become Minister Owned Enterprises (MOEs). Ministers appoint their brothers, relatives and friends for top positions in ministries.

(d) Seemingly innocuous politicians are equally complicit if they have not openly resisted, rejected or condemned those who commit heinous acts of impunity, corruption or abuse of power. Playing with words and taking refuge under privileged protective laws is inexcusable as that amounts to abdication of responsibility.

(e) Many rich and powerful including many political affiliates will go to whatever lengths to maintain the status quo and preserve their inviolability. Otherwise, they would lose the power and comforts acquired at our expense, and instead, be exposed and doomed. The unscrupulous, including some State officials and others aspiring for positions, will only want those of the same kind to be in power as that is the only way for them to blissfully sustain. Therefore, no economic recovery plan will work without eliminating corruption.

(f) Moreover, major parties appear to be in collusion in this insidious “game of thrones”. They look after themselves and each other. They pass laws that protect them and take refuge behind those laws. 

The greatest obstacle to change would be traditional political loyalties. Those have to be set aside for the sake of the country. The only way to do it is by resetting the system because it is the system deliberately created that permits abuse of power and corruption by the unscrupulous with appalling impunity.

However, we should also remember that whatever change will never be perfect. There would be many shortcomings. Yet, we should strive to create a system that removes discrimination and inequality, and minimises corruption. Even then, it will be a long haul to get the country out of the mess created for over half a century of plunder. Let us change this system.

Advice to the Military, Police (including the STF) and the Public Service

Whilst Servicemen always do their duty by the country and protect the constitution, it is crucial that all decision makers of the armed forces and those holding high Public Office realise that the paramount duty is to protect the constitution and not an individual, bearing in mind the following:

(a) People are supreme and have the inalienable sovereignty as enshrined in the Constitution of Sri Lanka. Clause 4 of the Constitution specifically mentions that sovereignty of the people shall be exercised and enjoyed; … (contd) legislative power of the people exercised by the parliament comprising of elected representatives of the people and by the people, executive power of the people exercised by the President elected by the people, and the judicial power of the people exercised by parliament through courts. 

(b) The military and Police (incl. STF) ought to realise that not giving specific instructions to prevent harm is equally culpable as giving orders to harm, whether the intended harm is direct or indirect. The Police opening fire at Rambukkana during GotaGoHome aragalaya appears to be a direct order to harm whilst using black polythene to cover spikes of a barricade at Galle Face appears to be a devious indirect attempt to harm swarming protestors. There have been many more such incidents. The responsibility in each of those incidents lies with all superiors up to the Departmental head even if no direct orders have been given. That is how accountability works. Seniority gives not only authority but also accountability, leading to the adage; ‘with great power comes great responsibility’.

(c) Conversely, simply following orders of superiors is not acceptable as an excuse, as all law enforcement members are supposed to follow only legal orders. That is clearly enshrined in internationally accepted laws established in the aftermath of the Nuremberg trials on completion of Second World War and many other court rulings all over the world. It had also been explicitly cited by the Supreme Court of Sri Lanka in the Premawathi Manamperi case in 1973. 

(d) Therefore, all members of law enforcement agencies as well as State officials are liable for full responsibility along with their immediate superiors and heads of respective agencies for obstructing the exercise of sovereign rights of a citizen of this country or causing any direct or indirect harm. All those incidents should be relentlessly pursued and those responsible brought to justice. Those politicians and seniors appearing as guardians encouraging suppression of sovereign rights now, would eventually betray, forsake and abandon you at the crunch. The ultimate responsibility is with the person who executes and his superiors, not with the influencer. 

Do not get carried away! Promises will be made and gifts will be offered close to elections. Those who have failed and brought the nation to this perilous state will try to be in power with well spoken rhetoric and seemingly brilliant ideas that they have not implemented when in power. Do not get fooled. They are charlatans. Do not be scared to speak the truth or highlight injustice. Have faith in what is right and in our legal system. Our strong judiciary will back you if you have acted conscientiously.

The list below is to judge for yourself how to use your vote with prudence. Reject all those who do not agree to them. Elect a candidate agreeing to most of the points and willing to make a public proclamation to implement each point and give an undertaking to resign if not.

It is now our turn to dictate terms to them! Let us change this insidious system.

Then, we can look forward to the balance words of the opening lines of The Tale of Two Cities by Charles Dickens; “It was the best of times, it was the age of wisdom, it was the epoch of belief, it was the season of life, it was the spring of hope, we had everything before us,…for good or for evil, in the superlative degree of comparison only.”

The list for judgement

(1) Abolish pension for parliamentarians and of any staff member of them.

(2) Will not allow any rise in pay, allowance or other facilities to parliamentarians more than the amount or percentage given at the same time to Govt. servants.

(3) Abolish duty-free vehicles for elected representatives

(4) No member of the party has sold duty-free vehicles provided to elected representatives.

(5) No one in the party has had a relative in a high position in the Ministry when holding a Ministerial portfolio.

(6) No one in the party has had relatives in personal staff during tenure as a politician from the beginning of political life. Will continue it.

(7) Will investigate how assets have been obtained by parliamentarians from the time of taking up politics – applicable to spouses, children, children’s spouses, in-laws, parents, siblings and their spouses and children, in-laws, siblings’ children, their spouses, children and in-laws.

(8) Investigate how elected representatives have obtained licenses for liquor stores, petrol sheds, sand mining etc. and abolish elected representatives or immediate relatives obtaining them.

(9) Immediately appoint special court with punitive powers comprising of reputed retired judges (who are even domiciled overseas) to investigate avoidance of income tax on income mentioned in (6) above, all reported corrupt deals, including sugar, garlic, bond scam, tsunami funds, etc., and mechanisms mentioned in (7) above and profits made from them.

(10) President’s Fund will be subjected to audit by Auditor Gen.

(11) Will publish Easter Sunday attack report within 14 days of elections and bring to justice all those responsible.

(12) Have voted against the recent social media control bill.

(13) Did not vote to protect Minister of Health imprisonment recently.

(14) Will abolish public money spent on private health Insurance scheme for parliamentarians.

(15) Will take action to recover all money deemed to have been taken improperly by parliamentarians as revealed in (6) above.

(16) VIP lounge for foreign travel will be confined to President, PM and Cabinet Ministers, and senior public sector officials, whilst all other elected representatives will travel only through normal passenger terminal waiting in queue for their turn.

(17) Retinue for foreign travel will be confined only to invitees from foreign governments or official nominees of SL as determined by Constitutional Council and suspend family members or relatives included in retinue.

(18) Establishment of Constitutional Council and Independent commissions within 30 days with majority of Constitutional Council shall be non-parliamentarians.

(19) Members of COPE and any other parliamentary committee shall have minimum educational qualifications and Chairmen have specific qualification or experience relevant to the task.

(20) Shall limit to 30 Ministers and 30 Deputy Ministers, and no other special Ministers or Deputy Ministers.

(21) Foreign Service and diplomatic posts strictly confined to Foreign Ministry employees.

(22) Abolition of Executive Presidency after 3 years and introduce new electoral system incorporating a system for representation in parliament to reflect proportionately the age groups of the country as closely as possible, on groups every 10 years starting from age of about 25-30.

(23) No discrimination due to ethnicity or religion as all citizens are Sri Lankans, acceptance of people to transact in native tongue and recognition of religious rights and dresses of all religions.

(24) Provide answers within one year to families of missing persons during the 30 year conflict.

(25) Legislate and practice that no one is above the law.

(26) Publish names of those with outstanding loans in State Banks, will take immediate action to recover them and investigate and penalise officials for not recovering them.

(27) Budget speech and any other promises made by politicians requiring State funds to be cleared by Auditor General and Central Bank as feasible before being passed.

(28) Removal of all security and additional vehicles of parliamentarians other than of President and PM, and all military and Police personnel and vehicles report back to respective institutes.

(29) Military functions from tax-payers money and need to be accountable and should be under the strict oversight of special parliamentary committee in order to be transparent, and their employment should be strictly controlled. All servicemen, policemen or anyone else employed by the government will not be utilised to work elsewhere (like politically influential temples) without oversight of parliamentary committee.

(30) Security and expenses of President, PM, Ministers and all politicians shall be drastically reduced.

(31) Politicians will not have any preference or precedence at any outlet, facility or on any road. They shall abide by normal rules and remain for their turn.

(32) Was not a Cabinet member voting for the outsourcing of visa to VFS circumventing the tender procedure.

(33) Enforce strict road discipline, especially for politicians and military and police vehicles other then on clear emergency duties. Being late to attend to normal day-to-day tasks is not an emergency.

(34) Police to be withdrawn from MOD and placed under Ministry of Home Affairs or Local Govt. Police not part of military parades.

(35) Parliamentarians will not have any say on appointments of Police or any other Government department.

(36) Lose parliamentary seat on changing parties after getting elected.

(37) Introduce code of ethics to elected representatives incorporating relevant points above.