Lalin’s Column: Not an excitable proposition

Ruana Rajapakse (RR) has written a very objective article in the Sunday Island on 20 Feb 2010 aptly titled ‘All Excited over Egypt’. This should clearly put to rest the designing minds of those Colombians especially discarded politicians to rest.

Their imaginations have run riot, desperately hoping that the happenings in Arab countries which have only just begun to unravel, may impact on their political future, irrespective of whatever happens to SL in the process. Politicians should stick to their strengths whether it is in changing horses in mid stream, parachuting and free falling and not try to become professional doom merchants too .

RR shows very succinctly that the examples of the countries that have had ‘people power revolutions‘ like ‘France, Philippines, South America’ and Egypt and other Arab countries which are basically ‘all homogeneous’, have little relevance or bearing to SL and not just because it is not homogeneous. The Arab countries especially which have had the same dictatorial and corrupt rulers from two to four decades and sham elections, also have little understanding of democracy in practice and universal franchise. Other than Libya they have mostly been American stooges. Their Armed Forces other than Egypt’s have not fought for their country either.

RR however in an excess of zeal to draw positive conclusions, trawled a surprising and loaded question. She states that the SL Armed Forces ‘are quite used to being shot at by, and shooting at, their fellow citizens’ and appears to think its ‘anybody’s guess’ as to ‘How they would react to in a people’s power revolt’.

Those with fertile imaginations who may have been swayed by such ‘exciting’ nightmare scenarios should rest assured that the only people the SL Forces ‘shot and were shot at ’ by were not ‘innocent fellow citizens’ but were armed, depraved and brutal racist terrorists ‘in 1971, 1988/9 and in the 25 year separatist conflict’. The Armed Forces were not ever confronted in any peaceful people’s power ‘revolts’. The people are unlikely ever to do so too.

This type of ‘revolt’ in any case has not happened in SL for a variety of reasons, not the least being that SL not only has had an independent trade union movement for decades which lets of steam regularly and adult universal franchise since 1931. It can teach many countries about how both work, warts and all. Peaceful protests have had a long and chequered history in democratic SL and have not confronted the forces for the last 50 years.

However two armed groups confronted the state. They preferred violence to elections and even forbade the people from taking part on pain of death. They justified taking a very high death toll of ‘innocent fellow citizens’ (60,000 in each confrontation) in order to win. They both attempted something close to genocide of the Sinhalese (1988/9) and Tamils (particularly in mid 2009) respectively.

The SL Armed Forces live in barracks and will come out either to conduct their training in designated areas or when called out to aid the civil power. There are provisions in the laws of SL as given in the Criminal Procedure Code and the Penal Code that govern the conduct of the Armed Forces when so called out. The Armed Forces follow those provisions explicitly. They can be called out to aid the civil power only if when there is a break down of law and order and the police, who are the first line of defence, are unable to bring the situation under control themselves. The principle applied is that of minimum force, both by the police and the forces. This precludes the use of automatic fire unless an extreme situation warrants it. This certainly poses a problem today as the personal weapon of a soldier is capable of automatic fire unlike in the past (pre 1980s). It will however not be used under any other circumstances such as confronting peaceful unarmed protests. That is the law of SL.

The writ of the Armed forces is given quite clearly by the state. It is to protect the country from external and internal threat. While an external threat would be obvious and the deployment of the Armed Forces axiomatic, deployment of the Forces outside the barracks to meet an internal threat will take place only as stated above. While rioting, murderous mobs such as those in 1988/9 were unlawful and their suppression was authorised by the above Codes, the SL Armed Forces have not and will not take the law into their own hands. They will certainly not be required to confront peaceful demonstrators or such like bodies.

On the other hand anyone who orders them to do so in violation of the law could be committing a crime. Soldiers like all citizens are prohibited from obeying illegal orders. There is no defence for any soldier who acts beyond the law even if it is in obedience to superior orders. This is also laid down in the Army Act (1949) which some politicians have recently thought fit to criticise to suit their own agendas. RR and others interested should read the judgement of Mr. Justice Thamotharam in the Alfred Wijesuirya v State case (circa 1971) to refresh their thoughts.

Anyone dreaming of pregnant possibilities should rest assured that the safety of the people will not be affected. Unlike the above mentioned countries where people’s power prevailed, the Armed Forces of SL it must be remembered confronted two terrorist organizations in the past 30 years and liberated the country from the twin scourges. In fighting and defeating them they not only liberated 30,000 people in May 2009 but also won the affection of the people and proved conclusively they are of the people. They army alone lost 19,901 killed in action,3488 missing, now presumed dead, and 20,958 wounded of whom 1,243 are disabled for life. There is no way that a military that sacrificed so much could cause any misgivings to its own people.

The so called military of Libya and Bahrain on the other hand which have existed only to respectively keep a completely mad colonel or debased King in dictatorial power are beyond contempt or consideration.

Such a question as posed in RR’s article as to how the military would act if there are peaceful protests, shows a deep and pitiful misunderstanding of the ethos, traits and character of the forces even after 30 years of extremely bloody strife. The SL Armed Forces are the defenders of the nation. Their primary duty is to protect the lives of the people, always. Let there thus be no misapprehension on anyone’s part on how the SL Forces would act in any given scenario, however much the Arab world under its dictators unravel - to give true sovereignty to its long suffering people. Any comparison would be an extreme delusion.

- Asian Tribune -