The fifficult quest for One Country One Law by Gnana Moonesinghe

(This was written before the president expanded the task force)

The Presidential Task Force (PTF) to study the effective utilization of the concept of One Country One Law was set up by President  Gotabaya Rajapaksa with Ven Gnanasara as chairperson to study the concept of One Country One Law.

He was expected to prepare a draft Act for the said purpose and in addition was given the mandate to study the amendments and their appropriateness (prepared by the Ministry of Justice ) to this subject, and submit proposals  to be included in the draft..

Opposition to  the Task Force

When Gnanasara’s appointment to the PTF was announced there was opposition  to it on the basis of, (1) its timing and (2) his choice as the chair. Since the second issue is what raised vehement protest from several quarters, it will be dealt with first in this comment.

The composition of the PTF

This country has a multi religious, multi ethnic population . Yet in the composition of the Task Force Tamils, Christians and women have not been given representation (this has subsequently been changed). Does this not make the entire composition  of theTask Force flawed?

Tamils have been fighting for space  for their community with sections of the Sinhalese before independence and since, which finally erupted into a long war spread over nearly three decades.

This war was terminated with the defeat of the Tamils  (represented by the LTTE ) in 2009. However ,international uproar over the atrocities committed by the state forces as well as the LTTE were brought to the attention of the public which ended in  a demand by the Human Rights Commission for  accountability from both sides.

The ill feelings have stretched over the years without conclusion. The need for reconciliation is the first step in bridging  the poor relationships. .Despite a few steps, no genuine effort at reconciliation has been seen that satisfies both sides .

However representations has been made at international forums by Sri Lankan authorities  that reconciliation is taking a positive turn within the country.

But the situation in the domestic arena appears to be different; no significant progress has been made to the mutual satisfaction of both sides of the conflict. In this context the failure to have omitted to nominate Tamils to the Task Force seems a grave mistake.

To make matters worse the Christian constituency has no representation either. So soon after the Easter Sunday disaster it seems difficult to comprehend how this important constituency could have been overlooked . Many are expecting answers to how and why the bombing occurred and who was responsible. But the authorities seem to have forgotten the importance of wining over this particular constituency.

There is yet another constituency, that of women whom the authorities have overlooked. Women have assumed the role of change agents and have taken a decisive role in decision making. They are a force to reckon with at all times especially where choices have to be made .

And It is a grave mistake to have overlooked the minorities, both racial and religious. It is also inconceivable that without representation for the minority in the task force, they are still expected to agree with the decisions taken by the PTF. The Christians have to reckon with Easter Sunday and no agreement will be possible without answers to their queries. The Tamil minority that remained intransigent at the  best of times will consider their non-representation an affront to the entire community.

 

President Gotabaya’s response

The President in an interview with the press “has questioned the rationale for objecting to his decision  to ask for Ven. Gnanasaara’s advice since the monk was continuously speaking for One Country One Law ” (the Island Nov 8) and was seen propagating the Concept for over five years. Therefore he was considered a suitable person to chair the project.

It is  doubtful that the monk and the liberal public think alike on this subject. The argument that he campaigned for the concept will not make the appointment fair  or acceptable to all the people.

At the moment the constitution that guides this nation sets out the principles of established procedure to show people and institutions the way to function with consistency for the effective management of governance. If observed  strictly it will result in uniformity and  fairness to all, protecting the dignity of all citizen. Since constitutions are  also expected to uphold the relationships  between people and  institutions, it would be vital to have the making of the new constitution at all stages open and transparent.. Nothing short of open discussion and transparency will be acceptable.

 

Omission of women from PTF

Not only the Tamils and Christians but women also have been omitted from the membership  of the PTF mandated to decide on the nation’s future on the One Country One Law  concept. In this present context where the problems surrounding women loom large  and should be given every possible consideration, it would be poor judgement to have a Task Force that fails to give representation to this important segment in society.

Since the end of the war in Jaffna alone, a number of women-headed households are without any visible source of income. There are also widows and single women without anyone to take care of them. The non-representation of women in a task force as important as this will be considered an insult to gender considerations.

 

Objection to appointing Rev. Gnanasara

  The opposition to the appointment has been widespread. One of the reasons for this is that he was convicted and imprisoned for contempt of court and been accused of drunken driving. Former President Sirisena who granted him a pardon is believed by some to have been looking for the support of the Sinhala majority in the context of his differences with the then PM.

At the best of times it would seem hilarious  but certainly at all times frightening to conceive of a convicted person appointed not only  to draft guidelines for inclusion in a new constitution, but  also be permitted to engage in assessing the validity of the amendments suggested by the Ministry of Justice when he has no legal training at all.

Rev .  Gnanasaara Thero has further drawbacks as cited by liberal and interested individuals. He heads the Bodu Bala Sena, a racially divisive organization  formed in 2012. He is also well known for his anti Muslim sentiments. He  has led and is known to have given leadership to many anti Muslim violent riots and is held responsible for the destruction of many small businesses, the only livelihood of a large number of Muslims. Many of these livelihoods were destroyed as well as their places of worship, the mosques. He’s reputed to have disrupted the ethnic peace in the country.

 

Minority concern and timing of the Task Force

One of the Tamil leaders has claimed that the Task Force has been set up to boost the flagging popularity of President Rajapaksa. This may or may not be true but it stands to reason that the need of the hour is to get the country out of the economic, social and political disasters it is facing. The Tamil leader rightfully claims that a divided country cannot face the challenges Sri Lanka is facing today. This is a very relevant consideration.

There remains also a valid consideration in the claim that the onus of maintaining  cordial relationships rests with the minorities  as well. This is the only way One Country, One Law can be applied to all . There is no doubt a significant number of Sinhalese will be extremist and diminish the chance for amity.

It is also said that the timing of the Task Force could have been better. So many agitations are going on over diverse areas of concern to the people. The coincidence of the occurrence of coronavirus and its ill effects on the lives of people  and the slow growth of the economy has also impacted on the livelihood of the people. There has been a spate of uprisings and revolts against the government.

The various ongoing agitations are difficult to ignore .They are based on matters affecting the daily lives of the people — in the agricultural sector, among students, teachers,and above all cost of living .The  lack of livelihood partly because of corona and partly because of poor investments to activate the economy is the reality. At this juncture people may be unwilling to respond to issues around One Country, One Law.

The humble desire of many would be that this concept should not create and aggravate negative emotions. Instead it should be responsible for healing and unifying disparate forces.

 

Rule of Law and its aberrations

Even though the concept of One Country may take time to achieve, the rule of law is already enshrined in the constitution of the nation. The understanding is that everyone is equal before the law and that there can be no discrimination. But by invoking the presidential powers available to them, presidents at different times have flawed the rule of law concept and pardoned offenders serving jail terms for unacceptable reasons.

There is therefore widespread discontent over the quality of the rule of law in practice. It is questionable as to whether presidents should pardon prisoners who have been condemned to a jail term after due judicial consideration . Should they be allowed to exercise such powers.? This need be raised at the time when there is an attempt to impose the One Law concept. . Pardoning those committed to serve a term of imprisonment in prison violates the basic principle of equity in the legal system.

How will Gnanasara uphold the judicial system under the new concept of one law when he himself has been a recipient of biased dispensation of justice breaking the concept of equality of all before the law? Rule of law is an integral part of our constitution where established principles for the dispensation of justice are cited. How can these principles be upheld under such situations where political favourites are treated differently?

The power of truth has to override all other considerations and the need to establish principles of fairness and justice for the progress of society has to be rooted in the system. The amendment to the constitution permitted the possibility of presidential pardon. Unless and until this is removed  equality before the law will not be a feasible concept. Rule of law cannot prevail  under these circumstances, forget about the One Law concept.

 

Gnanasara’s explanation

He says in an interview ‘that they are not tasked to draft laws. We are to ascertain whether the public needs had been addressed through the prevailing system by looking at them in a different and practical angle. We are not expected to look at things the way how legal experts do.’ (Island Nov 2) Will an independent study be possible by a PTF headed by a monk, given the baggage he carries?

He also said that none should be discriminated on the basis of his or her race, religion, caste or any other factor. This claim by someone out of jail on a presidential pardon seems a little dodgy. How many convicts can seek such relief?

Gnanasara is reaching out to the youth by stating that they are an affected group and therefore they need a special place in the process. We have to wait and see how the PTF works.