Intensivists: Why do we need them now?

Sadly, we do not have such specialists in Sri Lanka.  Yet, it is very important that we do.  This is because we do not have an unlimited capacity to provide intensive care to all who need them.

by Chula Goonasekera, Peradeniya

(June 30, Kandy, Sri Lanka Guardian) Intensivists are highly trained specialist doctors, who are consultants in Critical-Care Medicine and work in intensive care units full-time. Most medical research during the last 2 decades have demonstrated that intensivists’ contribution is paramount for the intensive care service to have improved patient outcomes, especially in the context of survival rates, reduced duration of stay in the intensive care unit and hospital and the reduced number of complications. In simple terms, they can make intensive care extremely cost-effective.

Sadly, we do not have such specialists in Sri Lanka. Yet, it is very important that we do. This is because we do not have an unlimited capacity to provide intensive care to all who need them. For example, it is recommended that 15% of bed capacity in a hospital should be allocated for intensive care, but in Sri Lanka this number barely reaches 1%. This will give you an estimated understanding of how lucky one should be to be admitted to an intensive care unit when the need arises in Sri Lanka.

The Society of Critical Care Medicine, USA, formulated in 1970, is the oldest established multi-professional society for practitioners working in the ICU, including intensivists. They recommend that, today, all ICU patients be managed or co-managed by dedicated intensivists who are exclusively responsible for patients in the ICU.

Patient management in intensive-care differs significantly among countries. In Australia, where Intensive Care Medicine is a well-established specialty, ICUs are described as 'closed'. In a closed unit the intensive-care specialist takes on the senior role where the patient's primary doctor now acts as a consultant. The advantage of this system is a more coordinated management of the patient based on a team that works exclusively in the ICU. Other countries have ‘open’ Intensive Care Units, like ours, where the primary doctor chooses to admit and, in general, makes the management decisions. There is increasingly strong evidence that 'closed' Intensive-Care Units staffed by Intensivists provide better outcomes to patients.

The ICU's roots can be traced back to the Monitoring Unit of critical patients through nurse Florence Nightingale. The Crimean War began in 1853 when Britain, France, and Turkey declared war on Russia. Because of the lack of critical care and the high rate of infection, there was a high mortality rate of hospitalized soldiers, reaching as high as 40% of the deaths recorded during the war. Nightingale and 38 other volunteers had to leave for the Fields of Scurati, and took their "critical care protocol" with them. Upon arriving, and practicing, the mortality rate fell to 2%. Nightingale's work, paved the way for intensive care medicine to be established.

A training program for an intensivist, starting after qualification from medical school is expected to last 6-8 years. If Sri Lanka embarks on this program now, we could hope for a better chance for survival in intensive care in the year 2016. Intensivists reduce cost and help more patients to survive. Hon Minister of Health, isn't it time we embarked on this training without delay? We do need a ‘Nightingale’ now to make this change.

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Sri Lanka’s serious deficit of the rule of law due to actions of men most learned in the law

Keynote address delivered at the annual general meeting (agm) of the citizen’s movement for good governance (CIMOGG) - June 29th 2011 – Kishali Pinto-Jayawardena, attorney at law, media columnist and author.

Introductory Comments

(June 30, Colombo, Sri Lanka Guardian) Mr Chair, members of CIMOGG and friends, when Dr A.C. Visvalingam initially spoke to me in regard to delivering the keynote address on this occasion, my first reaction was to decline. This was based purely on the perception that speaking of the Rule of Law in Sri Lanka today would be immeasurably futile.

But I was compelled to change my mind not only as a result of the considerably effective persuasion of Dr Visvalingam but when considering not only the primary objectives of CIMOGG but also its undoubted achievements during a relatively short term of existence.

Let me look at the primary objective No 1 of CIMOG which is – and I quote ‘To mobilise Sri Lankans for the purpose of building a truly democratic society in which the sovereign will of the people is respected and all citizens live in harmony with each other, united in their diversity, under the Rule of Law, and in which all public office is held in trust for the People;’

In my mind, the two most important elements of this Primary Objective No 1 are first, its emphasis on the Rule of Law and second, its reminder that all public office is held in trust for the People.

Rule of Law and Public Trust

I will now proceed to reflect briefly on what these two elements mean and their current importance in our country. If one were to summarise all the historical, legal and archaic definitions of what the Rule of Law means, it is quite simply that no person is above the law, that no one can be punished except for a breach of the law and the third most vital part is that no one can be held responsible for breaching a law except in the manner set forth in that law itself.

It has been said that the phrase ‘The Rule of Law’ has been rendered meaningless to some extent as a result of its frequent overuse in common parlance but even so, there is little doubt that this is the most fundamental principle underlying the functioning of those societies which would like to pride themselves on being democratic.

Second, the concept of an office held in trust. If I may quote the words of one of Sri Lanka’s most erudite judges, the later Dr Justice Mark Fernando, this concept has been formulated thus;

‘There are no absolute or unfettered powers or discretions in public law. Whenever the law confers powers or discretions on public bodies and officials (however high), such powers or discretions are treated as having been conferred in the public interest, and not for private or political benefit or advantage. Accordingly, such powers or discretions are held in trust for the people, and the exercise of such powers or discretions (or the refusal to do so) must be for their benefit; such powers or discretions must always be exercised lawfully and fairly, and not perversely, arbitrarily or unreasonably’

It would be good to recall at this point, by the way, that the late Justice Fernando was very appropriately referred to at one point and many years back, by a founding member of CIMOGG, Mr Elmore Perera, AAL, as the Chief of the Justices. History has indeed proved how right that observation was.

But to return to the theme of this address, this concept of public trust has been extended to mean that public moneys and public officials cannot be used for party propaganda purposes. So, for example, during elections, a government cannot use the state media for its benefit or use state officials such as Samurdhi Niyamakas for its electioneering.

We are all, at least to some extent, familiar with these general principles. The pertinent question however remains as to the relevance of these principles in Sri Lanka today.

Today’s Problems of Justice, Rights and the Rule of Law

Let me be quite clear about the contextual background in which I make these remarks. There are some who may be of the view that today’s problems of justice, rights and the Rule of Law has come about as a result of the peculiar political environment in which we find ourselves in today.

But this is not actually the case. The problem is far deeper than this. It is very apparent that at each historical point in time, the framers of Sri Lanka’s post independence constitutional documents suffered from a deep rooted distrust of giving practical effect to the rule of law and the idea of justice.

The 1972 ‘autochthonous’ Constitution subordinated the judiciary and only superficially embodied a Bill of Rights while declining to grant the Supreme Court, explicit jurisdiction over the determination of violations.

Thereafter, the 1978 Constitution entrenched the concept of the all powerful executive President whose actions were virtually above the law, besides (in a most absurd paradox), omitting the right to life and inflicting a constitutional rights chapter with procedural restrictions that diminished the protection of those very rights.

So this was the best illustration that one can have in which the defeat of the Rule of Law was systematically achieved, not by small and petty minds but by some of the sharpest minds of that time. This remains our tragedy. Then as now, it is the men most learned in the law who ironically act most in violation of truth and justice.

Given this logical progression of the steady undermining of the Rule of Law through decades, the fact that Presidential autocracy has now reached new heights is nothing to be surprised at. The fact that every well intentioned move to restore the Rule of Law to our constitutional structures was bound to be defeated should come as no surprise.

Therefore the discarding of the 17th Amendment and the adoption of the 18th Amendment should not have caused any person among us to exclaim aloud. What was to be expected? That the gradual gathering of power and even more power to one nerve centre would stop without serious constitutional subversion? Surely we could not have been so naïve as to think that? Yet, there were some who were indeed, surprised by the speed at which the 18th Amendment was passed.

Contrast this to the fate of the Right to Information Bill, delayed at every turn by increasingly imaginative excuses and last week actually defeated in Parliament. There were some who tried to justify this defeat by saying that the Bill would have allowed matters of national security to be leaked in public. These criticisms showed an abysmal ignorance of what the draft law was all about as there was a specific exclusion clause preventing such dangers and in any event, leaving a Right to Information Commission and ultimately the courts to decide.

This is the way of all democratic countries. But Sri Lanka, lamentably, appears not to agree with this thinking. And in our disagreement, we put ourselves at odds not only with the majority of advanced nations but also with our own neighbours in South Asia who have adopted right to information legislation.

Then we have the phenomenon of the absolute politicization of the Department of the Attorney General. Here again, when the Attorney General’s Office was taken under the direct control of the Presidential Secretariat, there were some who argued that this was no great difference after all as the Department had anyway been under the Ministry of Justice. Within the following year, we then came to realize the actual difference; when the Attorney General started withdrawing charges of murder and rape filed against prominent politicians. Unprecedentedly, both a sitting Chief Justice and a former Chief Justice made adverse comments in regard to this trend. Notwithstanding, the trends continued. Nothing was actually done substantially to address the issue.

Just this week, a politician indicted previously of murder and who had the murder charge against him withdrawn, was given a suspended sentence for unlawful assembly. On what basis did the Attorney General withdraw the murder charge? Surely should not the reasons be a matter of public record in cases as serious as these?

Deficit of Justice

So the question that I would like to put to this assembly is simply this; do we or do we not have a deficit of justice in Sri Lanka?

It is this deficit of justice that has impacted on all communities, resulting in the deaths, enforced disappearances, physical and mental torture of thousands during the past three decades. Importantly, this phenomenon has been manifested not only during active conflict but also in times of relatively normal functioning.

The very foundations of the liberal democratic polity, such as protection of human rights, independence of the judiciary, a democratic electoral system and the concept of the separation of powers have been used as weapons to strike at the heart of the public’s understanding of the rule of law and to twist the constitutional process to suit political exigencies. Should we allow this to continue?

For decades, much effort has been expended on problems of constitutional theory and the niceties of one democratic system as against another (viz; a parliamentary system as against a presidential system, a proportional representation electoral system as against a first-past-the-post electoral system or the form of devolution or decentralization as the case may be. The failure of constitutionalism to provide for the needs of ethnic minorities and to ensure the multi-ethnic character of the polity has been core to this way of thinking.

This thinking is premised on the assumption that Sri Lanka’s democratic institutions are in proper working order and that what is required is merely to decide on suitable models of governance. But this is a wrong assumption, in my mind.

While conceding the importance of these intertwining themes, I would contend strongly that the struggle should have been centered round broader questions of the failure of justice and of human rights in general and the failure of law enforcement in particular.

In that regard, the failure of the justice system is a matter not only for the minorities in Sri Lanka but for the majority as well. This is what we should be centrally concerned about. So, when a young boy dies as a result of police action against protests by Free Trade Zone workers in respect of a proposed pensions bill or an opposition party meeting is broken up and its members attacked by the army in the Northern peninsula, it is the deficit of justice that allows such actions to go unpunished.

And by this deficit of justice, I do not mean that the reform of laws or even the Constitution should suffice to redress the problem. In a book on the law relating to Habeas Corpus in Sri Lanka, co-authored by myself and Dr J de Almeida Guneratne, PC which was released in early June this year and in which the functioning of this most important liberty rights remedy is comprehensively examined, the words of Earl Warren, onetime Chief Justice of the United States of America that ‘It is the spirit and not the form of law that keeps justice alive’ is extracted at the very start. This is very true. If the spirit for justice dies within, no form of law can keep it alive.

Speaking Out

Too often, the argument is made that one should not speak out for fear of consequences. But this is a weak defence. Instead, the truth is rather that one does not speak out because it is inconvenient to do so, either professionally or personally.

During what was indisputably one of the most turbulent periods in judicial history in Sri Lanka (namely 1999 to 2009), I asked one of our most cherished friends and colleagues, the late Mr Suranjith Hewamanne, AAL as to why we needed to go on pitting what appeared to be our most puny strength against a wall of judicial autocracy. His brief answer was that we cannot afford to stop, that we should not bear to stop.

This was a period when not only the majority of legal professionals were unconcerned about the independence of Sri Lanka’s judiciary but legal academics were also silent when momentous events occurred such as when a lay teacher of English who spoke loudly in court was sentenced to one yr RI or when the teaching of international law was turned upside down in our universities after a former Chief Justice ruled that Sri Lanka’s accession to a protocol to one of the most important civil and political rights covenants was unconstitutional.

In later years, when unconstitutional appointments of members to bodies such as the Human Rights Commission, the Public Service Commission and the National Police Commission took place, lawyers and retied judges featured largely in the lists! So one may profess extreme cynicism in regard to the assumption that trained legal and judicial minds should be the first to observe and uphold the value and importance of the Rule of Law!

This is indeed the case when we think of a wider application of the Rule of Law in Sri Lanka today. Even when it seems most hopeless, we cannot afford to stop the good fight if this is to be a country that we would be proud of and if we should be determined to walk tall in the world.

So we come to the importance of Peoples’ Movements. One good example of this is of CIMOGG itself, not only in the manner of its formation but also its achievements such as its effort to mobilise active Citizens’ Committees (CitComs) in every population centre corresponding to the Polling Station Areas (PSAs). This is with the declared aim of applying sustained pressure on the Legislature and the Executive to take serious note of the People’s wishes. This is what is missing in current day society in Sri Lanka.

I wish CIMOGG well in its endeavours. May it grow from strength to strength and may its reach extend from beyond the country’s cities to the far corners and reach the ordinary hearts and minds of Sri Lankans who remain appalled by injustice regardless of caste, creed or ethnic colouring.

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Pernicious caste curse of Tamils living in the dark ages

No amount of militant or political solution can gain Tamils their rights unless this caste menace is eradicated even by enforcement of laws.
by Pearl Thevanayagam

(June 30, London, Sri Lanka Guardian) Mr Sebastian Rasalingam’ article, Sinhalisation of the North and Tamilisation of the South in yesterday’s Sri Lanka Guardian, is of utmost necessity and urgent issue Tamils need to address if we are to reach closure on our prejudices and shine the torch inwards for permanent integration into Sri Lankan polity and obtain our legitimate rights from the majority Sinhala government.

Tamil leaders have systematically fuelled caste based hierarchy and even abroad they cannot desist from trumpeting their castes while paying obeisance to the LTTE leader for championing their rights. When I wrote on Jaffna’s Caste Curse in mid ‘90s for The Sunday Leader most of my friends ridiculed me and said I was living in cloud cuckoo land.

I am still not sure what my caste is. On the one hand my late father used to say we have a family tree and on the other my mother used to say we have enough mix in our blood that it would be indeed very difficult to define our caste-base.

As a 12 year old I became conscious of how Tamils used the caste system to enslave least 75 percent of the Tamil population by obtaining their services virtually free based on their belonging to the servile class. I wondered about my own family’s hypocrisy when on the one hand they practised Catholicism to the letter treating our servants kindly and generously and on the other never allowing us to mix with those who are perceived to belong to lower castes. They even interrogated my classmates before they could be allowed into the hall.

I still remember the day Rev. Sr. Christobel asked me to accompany her on a visit to Thiddy, an enclave of shanties right behind St Patrick’s College which housed the Parayar community, the most untouchables of castes in Jaffna because they were the lavatory cleaners. Knowing what would be in store for me if my mother knew I kept my visit a secret. I have always wondered why this community had auburn hair and either blue or brown eyes and reddish complexion. We visited a few houses, gave them some food and clothing, bandaged festering wounds, cleaned up a little round the houses and gave them advice on how to maintain hygiene.

For someone who was brought up to believe that some were born to serve us, that particular day was an eye-opener for me. I realised even at that young age that even though we were Christians we were not practising Christ’s message that all are equal in the eyes of God and we were created in his image.

As to the appearance of the Parayar community it suddenly dawned on me they could be descendents of the colonialists and as they departed, those who were left behind had no place in the caste system ergo relegated to do the most menial of jobs.

I was touched and enlightened by this scholar Mr Rasalingam’s honest, erudite and simple explanation on the fate that befell Tamils and why Tamils need to change their attitudes. They are still living in the dark ages carrying with them the burden of ignorance, arrogance and narrow-mindedness.

No amount of militant or political solution can gain Tamils their rights unless this caste menace is eradicated even by enforcement of laws.

Please accept my congratulations on this excellent article Mr Rasalingam.

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Strategic review of national security management

Indian President Pratibha Devi Singh Patil (C) presents the Chief of Army Staff banner to Dograi company during the passing out parade at the Indian Military Academy in Dehradun on June 11, 2011. A total of five hundred and forty-six Gentlemen Cadets (GC) joined the Indian Army as officers. - Image source: Getty 
BY B.RAMAN

(June 30, Chennai, Sri Lanka Guardian) Since India became independent in 1947, it has had four in-house and one inter-ministerial reviews on certain aspects of national security management.

2. The in-house reviews went into the deficiencies in national security management as noticed during the Sino-Indian war of 1962, the Indo-Pakistan war of 1965, the Mizo uprising of 1966 and the 26/11 terrorist strikes in Mumbai. The inter-ministerial review by the Kargil Review Committee (KRC) headed by the late K.Subramanyam in 1999 went into the operational deficiencies noticed during the Kargil military conflict in 1999.

3. Of the five reviews held since 1947, three were totally Pakistan-centric, one of 1962 was China-centric and one was terrorism-related. All the previous reviews were the result of perceptions of failures in national security management which led to specific situations having a detrimental impact on national security.

4. All of them were essentially post-mortems with restricted terms of reference. They did bring about significant modifications or additions to the national security architecture--- such as the creation of the Directorate-General of Security after the 1962 war to enhance our capabilities vis-à-vis China, the creation of the Research & Analysis Wing (R&AW) after the 1965 war with Pakistan and the Mizo uprising, the creation of the National Security Council and its Secretariat, the Defence Intelligence Agency and the National Technical Research Organisation (NTRO) after the Kargil conflict and the National Investigation Agency and the proposed national intelligence grid after the 26/11 terrorist strikes.

5.All the major recommendations which came out of these previous reviews were implemented except one relating to the creation of the Chief of the Defence Staff system, which was not implemented reportedly due to differences amongst the three wings of the Armed Forces over the need for it.

6. Thus, the previous reviews did make significant contributions to a revamping of our national security architecture. However, since the previous reviews were triggered by perceptions of specific failures or deficiencies, they focussed on identifying the reasons for those failures and deficiencies and making necessary changes to prevent a repetition of those failures or deficiencies.

7. Since independence, there has never been a comprehensive, proactive strategic review of our national security management system, which will be futuristic and all-encompassing and not a panic reaction to past failures. Such a futuristic review has to project over different time-frames the threats to national security that could be expected in the future in the short, medium and long-terms, examine whether we have the required capabilities to be able to meet those threats, Identify existing deficiencies in capabilities, recommend action to remove them and suggest a time-frame for removing them.

8. Any futuristic exercise has to go beyond classical or conventional perceptions of national security management and the national security architecture. Its objective should be not only to enable us anticipate and meet future threats, but also to make a benign projection of our power abroad. National security management under the new context of India’s expected emergence as a major power of the region and ultimately of the world would involve identification of not only likely threats to our national security in the classical sense, but also likely hindrances to our emergence as a major power and recommending action to prevent or remove those hindrances.

9. The Government of Prime Minister Dr.Manmohan Singh needs to be complimented for setting up a National Task Force headed by Shri Naresh Chandra to make a futuristic review of our national security management system and come out with appropriate recommendations. The Task Force, as constituted, has eminent persons who had occupied senior positions in the Armed Forces, the Intelligence Community and the Atomic Energy Commission, and also non-governmental experts.

10. Shri Naresh Chandra’s credentials for heading such a futuristic exercise are immense. He had served as the Home Secretary and the Defence Secretary and ultimately retired as the Cabinet Secretary of the Government of India. He is thus familiar with the working of the Armed Forces and the intelligence community. He had served as the Indian Ambassador to the US at a difficult time and is thus not a stranger to the world of big power diplomacy. He had served and continues to serve in the National Security Advisory Board (NSAB) and was its convenor for some time. He is thus familiar with the deficiencies which have crept into the working of our national security management system since the Kargil review of 1999.

11. How useful is the futuristic exercise being attempted for the first time since 1947 would depend on the constitution of the Task Force, its Terms of Reference, its methods of work and concepts, and the co-operation that it is able to get from the serving national security managers of today. Unless one is able to convince the serving officers of today of the need for changes, reforms, new thinking and new concepts and ideas, even the best of Task Forces would fail to meet the objectives for which it was set up.

12. It is to be hoped that the Government would have carefully worked out the terms of reference of the Task Force. Its organisation, methods and concepts have to be decided by the Task Force itself. The Government would have and should have no role in the matter. The Task Force should devote the first month of its existence to a brain-storming with different sections of our national security management world in order to get its ideas and concepts right before plunging into the nuts and bolts of the exercise.

13. We tend to have an over-fascination for nuts and bolts and an allergy for concepts. The reports of such reviews ultimately turn out to be a plethora of nuts and bolts recommendations without a proper conceptual framework which could sustain our national security management system in the coming 10 years, if not longer. We should avoid this in carrying forward this important exercise.

( The writer is Additional Secretary (retd), Cabinet Secretariat, Govt. of India, New Delhi, and, presently, Director, Institute For Topical Studies, Chennai, and Associate of the Chennai Centre For China Studies. E-mail: seventyone2@gmail.com Twitter: @SORBONNE75 )

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Scenes From Tripoli

"Victory by Ramadan"

Reuters Pictures :- 
A woman with her face painted in the colours of the Kingdom of Libya flag attends a protest against Libyan leader Muammar Gaddafi near the court house in Benghazi June 29, 2011. The word on her forehead reads, "Leave".
by Franklin Lamb

(June 30, Tripoli, Sri Lanka Guardian) Entering Libya from Tunisia, the roughly 115 mile drive to Tripoli currently provides a fascinating if unsettling introduction to the current situation in Tripoli. By the time I arrived at the hotel my mouth tasted as if I had sipped kerosene and my clothes reeked of the same. The reason is that the acute petroleum products shortage has meant that Tunisians and others are transporting for quick cash, whatever they can get to Tripoli to supply thousands of cars that are stranded along the roadside without fuel in their tanks.

Just about every opened car trunk I observed being inspected randomly at more than 50 check points between Jerba, Tunisia and Tripoli, Libya, were jammed with full plastic fuel containers. Many apparently leak and over the past three months have left a heavy pall and stench for nearly one hundred miles. Some trucks, loaded with perhaps close to 1000 55 gallon drums of gasoline seemed quite ready to topple over from being seriously top-heavy with the center of gravity being at tire level. Bread, children toys as well as dry and canned goods also fill many cars.

The western press tend to stay in their hotel and seem fairly biased in favor of the rebels. For sure what the BBC is saying about what happens on the streets at night is nonsense. I needed to use the internet at their hotel and returned to mine at 3 am and the streets were quiet with a modest police presence at key intersections. Currently it is very peaceful here with most shops open, and people going about their lives.

Since the beginning of NATO operations a total of 12,887 sorties, inclduding 4,850 strike sorties have been conducted. On Monday June 27, 2011 there were 142 sorties and 46 strike sorties. A total of 17 NATO ships are patrolling the central mediterranean sea off Libya. To date 1,546 ships have been intercepted and 127 boardings made.

Weapons used on Libya include tow missiles, mk 82, 83 and mk 84 bombs, i.e. 500, 1000, and 2000 pd and an assortment of missiles.

A Libyan government report will detail NATO terrorism and crimes against the civilian population that have included what it says have been thus far been the bombing of 294 civilian targets, killing and wounding a total of 6,232,
according to the Libyan Red Crescent Society statistics. These civilian targets include the Libyan Down's Syndrome Society, a school that provided speech therapy, handicrafts and sports sessions for disabled children as well as Tripoli’s Nassar University, homes, schools, medical facilities and food storage warehouses, Bombing these sites are all outlawed by the Geneva Conventions and constitute NATO war crimes. An additional large documentation project by international organizations is expected to be completed by July 30, 2011.

Those who have pulled together the initial but detailed stats include the the Libyan Red Crescent and “The Fact Finding Committee on the Current Events in Libya When the July study is published it will surprise many.

NATO is running out of targets. It is now rocketing local village police personnel who are stationed along certain intersections and roundabouts. When you approach a checkpoint it’s blacked out and the officers come out with a small light to check you out.

The main attitude one encounters on the streets of the old city such as Avenue Omar Muktar, is defiance and strong nationalist support for Libya’s Revolution.

“It’s our country. What choice do we have but to defend it?” is a commonly expressed sentiment. One woman asked me, “Shall I take off my white Hijab and wave it to surrender when the NATO troops come to my neighborhood or shall I wear my green scarf and fire my weapons. For sure my choice is the second!”

A Libyan businessman, who admits he has lots of free time these days, and who was educated at George Washington University, commented: “UN Security Council Resolution 1973 authorized the enforcement of a no-fly zone over Libya to supposedly protect civilians from Muammar Gaddafi. The reality is that we need NATO to just to declare ‘mission accomplished’ and then stop slaughtering our “protected” people?”

The June 27 International Criminal Courts (ICC) arrest warrants issued for Muammar Gadhafi, his son Seif al-Islam Gadhafi, and Libya intelligence chief Abdullah al-Sanoussi, however pleasing to the “rebels” and NATO, probably won’t have much effect on negotiating a settlement between the two camps and certainly the warrants will not facilitate a voluntary regime change. Quite likely, the warrants’ effects will tend toward the reverse, with the Libyan government ignoring, but ridiculing the much criticized ICC and pointing out its historical pattern of targeting African leaders. At Tripoli’s Rixos Nasser Hotel, just a few hours after the arrest warrants were announced, Libya’s Justice Minister and a high ranking Foreign Affairs official did just that and then refused to take any questions from the large gathering of western journalists of whom Libya is distrustful, given the spate of recent false press reports that have been exposed as hoaxes.

Colonel Qaddafi and his supporters proclaim that they will prevail in reunifying Libya and probably before Ramadan which begins, this year, in early August.

They argue that the “rebels” are increasingly fighting among themselves and are losing popular support. It’s an argument similar to the one the “rebels” are using to explain how their victory is all but assured, also by the end of Ramadan.

Tuesday morning, during a long discussion with an official at the Libya People’s Congress HQ in Tripoli, the General-Secretary told me that more than two million of the 3.5 million Libyans over 18 years have been armed and are training to fight NATO when/if they arrive on the ground.

Virtually everyone who is asked gives assurances that Qaddafi will not flee but will, if necessary, die defending his country. More than once officials confidently stated that Qaddafi will be here after US President Obama is rejected by the American people in the 2012 election.

Support for this idea is found in the seemingly widespread support Qaddafi appears to enjoy and also certain “benefits” resulting from a certain Libyan pride in five million citizens still full of resistance after 100 days of facing 27 countries.

NATO’s bombs have united the people; forced the sometimes too comfortable population to face the future; even one without Gaddafi; demonstrated the media strikes with false stories are stronger than the military assault in some respects, shown that the “Arab system” i.e. Arab League is worthless; shown that it’s the poor people of Libya who believe in the Revolution and are remaining loyal to it. The rebels have exposed the Muslim Brotherhood as a US partner and also has shown the true nature of the Jihadists, Al Qaeda and NATO itself, that the African Union has a key function to perform, that Libya is not divisible because of its social and economic interdependency. Libya must reform and reject the IMF system and learn from its mistakes in trusting the US and certain countries in 2002 when it gave up certain weapons systems and placed billions of dollars in American banks.

Due to the crisis women have stepped forward and are surprising many by “taking charge” of many governmental functions and encouraging the population to defend their country. Libyans are saying that they have to rejuvenate their revolution and rely on themselves. Nearly everyone is claiming that Libya was deceived in the 2004 negotiations and agreement with the US and Western countries. They admit that they have paid a big price in terms of lives lost and infrastructure damage.

Libya also intends to continue their gold based currency project and to improve relations with African countries. Libya’s squeezing the former French colonial power out of most of Africa is one motive of that country to seek regime change.

The Libyan government has plenty of documents supposedly captured from the rebels. Amazing if true, since they allegedly document French government arms shipments thru the port of Miserata etc to the rebels.

Franklin Lamb is doing research in Lebanon and is reachable c/o fplamb@gmail.com

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A World Overwhelmed by Western Hypocrisy

In America, Lawlessness is Now Complete

U.S. President Barack Obama moves away from the podium after a news conference in the East Room of the White House June 29, 2011 in Washington, DC. Obama fielded questions about the War Powers Act and his authority to continue military support in the NATO-led offensive against Muammar Gaddafi's forces in Libya, as well as the ongoing budget negotiations with Congress. - Image Source:- Getty Image 
BY PAUL CRAIG ROBERTS

Western institutions have become caricatures of hypocrisy.

(June 30, Washington DC, Sri Lanka Guardian) The International Monetary Fund and the European Central Bank are violating their charters in order to bail out French, German, and Dutch private banks. The IMF is only empowered to make balance of payments loans, but is lending to the Greek government for prohibited budgetary reasons in order that the Greek government can pay the banks. The ECB is prohibited from bailing out member country governments, but is doing so anyway in order that the banks can be paid. The German parliament approved the bailout, which violates provisions of the European Treaty and Germany’s own Basic Law. The case is in the German Constitutional Court, a fact unreported in the US media.

US president George W. Bush’s designated lawyer ruled that the president has “unitary powers” that elevate him above statutory US law, treaties, and international law. According to this lawyer’s legal decisions, the “unitary executive” can violate with impunity the Foreign Intelligence Surveillance Act, which prevents spying on Americans without warrants obtained from the FISA Court. Bush’s man also ruled that Bush could violate with impunity the statutory US laws against torture as well as the Geneva Conventions. In other words, the fictional “unitary powers” make the president into a Caesar.

Constitutional protections, such as habeas corpus, which prohibit government from holding people indefinitely without presenting charges and evidence to a court, and which prohibit government from denying detained people due process of law and access to an attorney, were thrown out the window by the US Department of Justice, and the federal courts went along with most of it.

As did Congress, “the people’s representatives”. Congress even enacted the Military Tribunals Commissions Act of 2006, signed by the White House Brownshirt on October 17.

This act allows anyone alleged to be an “unlawful enemy combatant” to be sentenced to death on the basis of secret and hearsay evidence not presented in the kangaroo military court placed out of reach of US federal courts. The crazed nazis in Congress who supported this total destruction of Anglo-American law masqueraded as “patriots in the war against terrorism.”

The act designates anyone accused by the US, without evidence being presented, as being part of the Taliban, al-Qaeda, or “associated forces” to be an “unlawful enemy combatant,” which strips the person of the protection of law.

The Taliban consists of indigenous Afghan peoples, who, prior to the US military intervention, were fighting to unify the country. The Taliban are Islamist, and the US government fears another Islamist government, like the one in Iran that was blowback from US intervention in Iran’s internal affairs. The “freedom and democracy” Americans overthrew an elected Iranian leader and imposed a tyrant. American-Iranian relations have never recovered from the tyranny that Washington imposed on Iranians.

Washington is opposed to any government whose leaders cannot be purchased to perform as Washington’s puppets. This is why George W. Bush’s regime invaded Afghanistan, why Washington overthrew Saddam Hussein, and why Washington wants to overthrow Libya, Syria, and Iran.

Barack Obama inherited the Afghan war, which has lasted longer than World War II with no victory in sight. Instead of keeping with his election promises and ending the fruitless war, Obama intensified it with a “surge,”

The war is now ten years old, and the Taliban control more of the country than does the US and its NATO puppets. Frustrated by their failure, the Americans and their NATO puppets increasingly murder women, children, village elders, Afghan police, and aid workers.

A video taken by a US helicopter gunship, leaked to Wikileaks and released, shows American forces, as if they were playing video games, slaughtering civilians, including camera men for a prominent news service, as they are walking down a peaceful street. A father with small children, who stopped to help the dying victims of American soldiers’ fun and games, was also blown away, as were his children. The American voices on the video blame the children’s demise on the father for bringing kids into a “war zone.” It was no war zone, just a quiet city street with civilians walking along.

The video documents American crimes against humanity as powerfully as any evidence used against the Nazis in the aftermath of World War II at the Nuremberg Trials.

Perhaps the height of lawlessness was attained when the Obama regime announced that it had a list of American citizens who would be assassinated without due process of law.

One would think that if law any longer had any meaning in Western civilization, George W. Bush, Dick Cheney, indeed, the entire Bush/Cheney regime, as well as Tony Blair and Bush’s other co-conspirators, would be standing before the International Criminal Court.

Yet it is Gadaffi for whom the International Criminal Court has issued arrest warrants. Western powers are using the International Criminal Court, which is supposed to serve justice, for self-interested reasons that are unjust.

What is Gadaffi’s crime? His crime is that he is attempting to prevent Libya from being overthrown by a US-supported, and perhaps organized, armed uprising in Eastern Libya that is being used to evict China from its oil investments in Eastern Libya.

Libya is the first armed revolt in the so-called “Arab Spring.” Reports have made it clear that there is nothing “democratic” about the revolt.

The West managed to push a “no-fly” resolution through its puppet organization, the United Nations. The resolution was limited to neutralizing Gadaffi’s air force. However, Washington, and its French puppet, Sarkozy, quickly made an “expansive interpretation” of the UN resolution and turned it into authorization to become directly involved in the war.

Gadaffi has resisted the armed rebellion against the state of Libya, which is the normal response of a government to rebellion. The US would respond the same as would the UK and France. But by trying to prevent the overthrow of his country and his country from becoming another American puppet state, Gadaffi has been indicted. The International Criminal Court knows that it cannot indict the real perpetrators of crimes against humanity--Bush, Blair, Obama, and Sarkozy--but the court needs cases and accepts the victims that the West succeeds in demonizing.

In our times, everyone who resists or even criticizes the US is a criminal. For example, Washington considers Julian Assange and Bradley Manning to be criminals, because they made information available that exposed crimes committed by the US government. Anyone who even disagrees with Washington, is considered to be a “threat,” and Obama can have such “threats” assassinated or arrested as a “terrorist suspect” or as someone “providing aid and comfort to terrorists.” American conservatives and liberals, who once supported the US Constitution, are all in favor of shredding the Constitution in the interest of being “safe from terrorists.” They even accept such intrusions as porno-scans and sexual groping in order to be “safe” on air flights.

The collapse of law is across the board. The Supreme Court decided that it is “free speech” for America to be ruled by corporations, not by law and certainly not by the people. On June 27, the US Supreme Court advanced the fascist state that the “conservative” court is creating with the ruling that Arizona cannot publicly fund election candidates in order to level the playing field currently unbalanced by corporate money. The “conservative” US Supreme Court considers public funding of candidates to be unconstitutional, but not the “free speech” funding by business interests who purchase the government in order to rule the country. The US Supreme Court has become a corporate functionary and legitimizes rule by corporations. Mussolini called this rule, imposed on Americans by the US Supreme Court, fascism.

The Supreme Court also ruled on June 27 that California violated the US Constitution by banning the sale of violent video games to kids, despite evidence that the violent games trained the young to violent behavior. It is fine with the Supreme Court for soldiers, whose lives are on the line, to be prohibited under penalty of law from drinking beer before they are 21, but the idiot Court supports inculcating kids to be murderers, as long as it is in the interest of corporate profits, in the name of “free speech.”

Amazing, isn’t it, that a court so concerned with ‘free speech” has not protected American war protesters from unconstitutional searches and arrests, or protected protesters from being attacked by police or herded into fenced-in areas distant from the object of protest.

As the second decade of the 21st century opens, those who oppose US hegemony and the evil that emanates from Washington risk being declared to be “terrorists.” If they are American citizens, they can be assassinated. If they are foreign leaders, their country can be invaded. When captured, they can be executed, like Saddam Hussein, or sent off to the ICC, like the hapless Serbs, who tried to defend their country from being dismantled by the Americans.

And the American sheeple think that they have “freedom and democracy.”

Washington relies on fear to cover up its crimes. A majority of Americans now fear and hate Muslims, peoples about whom Americans know nothing but the racist propaganda which encourages Americans to believe that Muslims are hiding under their beds in order to murder them in their sleep.

The neoconservatives, of course, are the purveyors of fear. The more fearful the sheeple, the more they seek safety in the neocon police state and the more they overlook Washington’s crimes of aggression against Muslims.

Safety uber alles. That has become the motto of a once free and independent American people, who once were admired but today are despised.

In America lawlessness is now complete. Women can have abortions, but if they have stillbirths, they are arrested for murder.

Americans are such a terrified and abused people that a 95-year old woman dying from leukemia traveling to a last reunion with family members was forced to remove her adult diaper in order to clear airport security. Only a population totally cowed would permit such abuses of human dignity.

In a June 27 interview on National Public Radio, Ban Ki-moon, Washington’s South Korean puppet installed as the Secretary General of the United Nations, was unable to answer why the UN and the US tolerate the slaughter of unarmed civilians in Bahrain, but support the International Criminal Court’s indictment of Gadaffi for defending Libya against armed rebellion. Gadaffi has killed far fewer people than the US, UK, or the Saudis in Bahrain. Indeed, NATO and the Americans have killed more Libyans than has Gadaffi. The difference is that the US has a naval base in Bahrain, but not in Libya.

There is nothing left of the American character. Only a people who have lost their soul could tolerate the evil that emanates from Washington.

Paul Craig Roberts was an editor of the Wall Street Journal and an Assistant Secretary of the U.S. Treasury.  He can be reached at: PaulCraigRoberts@yahoo.com

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Sri Lankan Academics – Thinkers or Feelers?

The pain and loss suffered by civilians during the war – needs to be taken as per the belief of victims – who overwhelmingly state that it was due to racial discrimination.



by Gaja Lakshmi Paramasivam 

(June 29, Melbourne, Sri Lanka Guardian) I write in response to the article ‘Pathological Symptoms of the Crisis of Higher Education in Sri Lanka’ by Professor Gamini Keerawella, published in Sri Lanka Guardian.

Professor Keerawella says in his analysis of the challenges faced by Sri Lankan Universities ‘The utter incapability in crisis management and conflict resolution of the Higher Education authorities is the hallmark of their behaviour. As in the case of Medical Science, in Peace building the three steps followed are diagnosis, prognosis and therapy. Without diagnosing the problem correctly it is not possible to administer the proper course of therapy.’

To my mind, this is only part the issue/problem – the external part. A doctor needs to identify from the outside. The foundation of the cure is in the mind of the patient. The patient knows intuitively that s/he has a problem and so long as the patient relies on her/himself – the cure is already there – at the mental level.

Let’s take for example the ethnic war issue in Sri Lanka. Both sides know what their disease is. Both sides have the cure within. Yet, both sides and distracted by the other and keep blaming the ‘other’ for infecting them and are thinking of treating the ‘other’ side instead of themselves first. Likewise the University and Government systems in Sri Lanka.

Sri Lankan Universities need to be committed to seeking and finding Truth and / or contribute to Common thinking by other higher thinking Universities all over the world.

Let’s take for example, Professor Keerawella himself. Has he diagnosed the problem of his side in this war? All of us need to take one side or the other like we do when electing government. The side we feel with more is our side. Merit basis comes above that foundation of faith. As I often say in terms of families - mothers are feelers and fathers are thinkers. Voters are feelers and Academics are thinkers. The fact that the University problem is being presented through Unions confirms that our Academics have failed to think at the higher level. It does not matter whether they win or not. They ought to have researched as insiders, cured themselves even if it meant accepting reality and then used their higher thinking to publish their discovery/diagnosis and the solution/therapy.

I did this here in Australia at the University of NSW where I used my merit based credits towards eliminating racial inequality. Even at such a high ranking University, the decision making was largely subconscious. The information we register about people – for example their ethnicity – is the symptom followed by ‘diagnosis, prognosis and therapy – wrong-doing (when a migrant of Asian origin leads), trouble and punishment . There are preconceived conclusions about the outcomes of ethnic thinking and this is automatically matched in the mind of a person who does not consciously use merit basis as appropriate. Under those circumstances unjust, and in countries like Australia unlawful, discrimination ‘happens’ where custodian of powers ‘gives’ or ‘takes’ benefits or costs.

Australian Courts asked me to produce objectively measurable evidence that the pain and loss I suffered due to the actions of University Administrators was due to race. This line of approach is fundamentally flawed because in democracy one side should not think for the other side. I used my intellectual analysis and marked myself as ‘right’ on merit basis. Due to my investment in Racial Equality - I felt pain when I was not measured on merit basis and was treated as a lesser person than the ‘other’ side. That pain was the basis of my belief – that the discrimination was due to race. In a just system, the belief of minority would be taken as right until proven otherwise. Where the victim/complainant does not have control – the case needs to be assessed as per the effects and not the cause.

The pain and loss suffered by civilians during the war – needs to be taken as per the belief of victims – who overwhelmingly state that it was due to racial discrimination.

These are discoveries I made through my own experiences. That was my research and now when I share those experiences with others – it is teaching. An academic within the Sri Lankan system needs to first do the Research, find the Truth and then publish it. When Sri Lankan Universities accept such findings – they would have earned their keep and higher status. The higher their global status the greater the need for high level of remuneration to maintain that status.

Whether it is the war or the issue of Higher Education, each one of us would receive and use the experience differently. Ultimately it is for ourselves – for our inner balance. When we are true to ourselves, we naturally share with others who are true to themselves and therefore we feel empowered – even though we may not know it. That is the greatest value of a University. The rest – including grades is to maintain status for a living. That is the stage at which Sri Lankan Universities are at currently. Their apparent status would go up and down as per the status of the country until they are able to function independent of the Government – however painful that may be. Publishing the Truth we know about custodians of power requires courage. When we publish as ‘insiders’ and not ‘outsiders’ we would not unjustly hurt our opposition.

Academics need to think as per their own research and not as per the seen and the heard.

As a member of the Sri Lankan University system, I would publish my discovery if I feel personal pain or keep contributing towards maintaining the status of the University with outsiders.

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Kabul Terrorist Attack On Hotel

Men sit near the Intercontinental hotel after a battle between Afghan security forces and suicide bombers and Taliban insurgents in Kabul June 29, 2011. At least 10 Afghan civilians were killed when suicide bombers and heavily armed Taliban insurgents attacked the hotel frequented by Westerners in the Afghan capital late on Tuesday, Afghan officials said. Helicopters from the NATO-led force killed the last three insurgents in a final rooftop battle, a coalition spokesman said. A part of the top floor is blackened due to a fire caused by explosions. -REUTERS IMAGE

by B.Raman

(June 29, Chennai, Sri Lanka Guardian) After a gap of two and a half years, Kabul saw another terrorist attack on an important hotel frequented by foreigners and local VIPs on the night of June 28,2011.

2. The previous attack had taken place on January 14, 2008, when a group of terrorists, believed to be from the Afghan Taliban, stormed the gymnasium of the most popular luxury hotel, the Serena, and killed eight persons, including an American, a Norwegian and a Philippino woman. A Norwegian delegation under Foreign Minister Jonas Gahr Støre was staying in the hotel at the time of the attack. The Australian Embassy was functioning from the hotel.

3. The target of the latest attack was Hotel Intercontinental, which is not part of the international chain by the same name. A part of the hotel was undergoing renovation involving employment of labour. Police suspect that the terrorists might have taken advantage of this to circumvent access control and gain access to the hotel.

4. At the time of the attack, a wedding party was going on in the dining room of the hotel. A meeting of provincial Governors was to start at the hotel the next day.

5. A total of nine terrorists, carrying explosive devices and wielding hand-held weapons, participated in the attack. All of them died during the operation, which lasted about five hours. After the attack started, the security forces, who were wearing night-vision devices, switched off the power supply to the hotel. This gave the security forces an operational advantage over the terrorists.

6. The attack resembled the 26/11 terrorist strikes in Mumbai, which involved, inter alia, attacks on two hotels, in two respects and differed in two other respects. The resemblances were regarding the selection of a hotel frequented by foreigners as a target and the use of a mix of modus operandi involving the use of explosive devices and hand-held weapons.

7. The important differences were that it was not a swarm tactics involving well orchestrated attacks on multiple targets located at different places by multiple teams of terrorists thereby forcing the security forces to scatter their resources. It was a single target attack by a single team of terrorists. Moreover, whereas in Mumbai, there was a conscious attempt to take hostages in order to prolong the exchange of fire with the security forces, there was no such attempt in the Kabul attack.

8. Since 9/11, there have been terrorist attacks on international hotels and places of entertainment visited by tourists at some places--- twice each in Bali and Jakarta, and once each in Mombasa, Sharm-el-Sheikh, Islamabad and Mumbai. Hotels and places of entertainment for foreign tourists become favoured targets of terrorist groups because of the international publicity the attacks provide and the impact on the tourist economy.

9. Disruption of the tourist economy does not appear to have been the main motive of the Kabul attack of June 28. The objectives seem to have been to demonstrate the continuing capability of the terrorists to penetrate security barriers in Kabul and the weaknesses of the Afghan security forces and to call into question US claims of making progress in the counter-insurgency operations against the Afghan Taliban and the Haqqani network. While the Afghan Taliban has made an as yet unsubstantiated claim for the attack, the possibility of the involvement of the Haqqani network has not been ruled out by the authorities.

10. The available details of the attack are as follows: According to Afghan security officials, the attack was initiated by two suicide bombers. One of them blew himself up at the front of the hotel and the other on the second floor. Three attackers managed to reach the roof of the hotel. They were killed by a NATO helicopter. One of the attackers took shelter in a room. After an exchange of fire with the security forces, he blew himself up. As he did so, two policemen and a Spanish guest of the hotel, a commercial pilot, were killed. The details relating to the killing of the other three terrorists are not available. A total of 11 civilians and two policemen were killed in the attack.

11. The attack once again highlighted the difficulties faced by security forces and private security companies in providing effective physical security in hotels. Excessive deployment of armed security personnel might deter foreign tourists from staying in the hotel. Inadequate security could make the hotel a tempting target for the terrorists. 


( The writer is Additional Secretary (retd), Cabinet Secretariat, Govt. of India, New Delhi, and, presently, Director, Institute For Topical Studies, Chennai, and Associate of the Chennai Centre For China Studies. E-mail: seventyone2@gmail.com .Twitter: @SORBONNE75 )

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Honest friends

An op-ed on Sri Lanka by Mr Alistair Burt, Foreign Office Minister for South Asia

(June 29, Colombo, Sri Lnaka Guardian) The events of the past weeks have brought uncomfortable focus onto the last days of the conflict in Sri Lanka. Allegations made in the media have recalled memories of a distressing time in Sri Lanka’s history.

Alistair Burt
Let there be no doubt that for the UK the end of the military conflict, and the removal of terrorism as a daily threat to the lives of the Sri Lankan people is without question a good thing.

The UK and the world watched in agony as Sri Lanka suffered over 25 years of civil war. The barbaric tactics of the LTTE, who pioneered modern day suicide bombing and forcibly recruited child soldiers, were brought to an end. The plight of many thousands of displaced people after the war reminds us of the human cost of such conflicts. It is because of the strength of relations between our two countries that we care so deeply about events in Sri Lanka. This relationship has been forged over many years and spans not just history, but also areas such as trade, education, family and sporting links. Only this month our cricket teams are competing against each other in a spirit of friendly sporting rivalry.

I visited Sri Lanka in February and saw for myself the undeniable progress that has been made since the end of the war, including the construction of new roads and bridges to help open up the North. In Jaffna I saw the efforts being made to resettle those displaced, including the practical challenges which they are overcoming, such as the need for infrastructure and livelihood support. Whilst there is still much to do in a number of areas, there is no doubt that the future of Sri Lanka is hopeful, if the present opportunity is fully grasped.

But our experience and the experience of many countries across the world is that a peaceful and secure future cannot come without addressing the pain of the past. The foundation for reconciliation has to come from honesty about the violence of 2009. History has shown this in Northern Ireland and the UK is well aware of the difficult decisions governments have to make – including in recognising that however abhorrent the tactics of terrorists, the conduct of their own side may not have been above criticism. In the case of Sri Lanka, this means looking again at the last weeks of the conflict in May 2009.

We have seen allegations of war crimes in the detailed accounts in the UN Panel of Experts report, and in documentary footage authenticated by independent experts. The former indicates that civilians lost their lives through widespread shelling by the Army of hospitals and humanitarian objects and that the LTTE used civilians as a human buffer and killed those who attempted to flee. The UK government is deeply concerned about these allegations.

The evidence which has so far come to light is enough to lend credibility to the claims that war crimes were perpetrated by both sides in the conflict in those difficult days. It is not for me to judge where this evidence should lead: that is for the full and independent inquiry that I and Sri Lanka’s other friends have been calling for.

Our concern is based on a desire to see reconciliation genuinely effected for the good of all Sri Lankans. This will only come from an independent, comprehensive and credible inquiry, which confronts the allegations and comes to an honest conclusion about them. An inclusive political solution, which addresses the underlying causes of the conflict, would further advance peace.

The Sri Lankan government has said that the Lessons Learnt and Reconciliation Commission (LLRC) will report in November. We note the timetable it has set itself and have been clear that we also believe that progress on accountability must be made by the end of year. It is important that the LLRC’s work and report reflects international standards, established through similar post-conflict reconciliation bodies, in order to give the findings maximum credibility and lay this painful time in history to rest.

I have made this point in public statements this month because the UK wants an open and honest relationship with Sri Lanka. An honest friend would not stand aside and remove the need for difficulties to be confronted.

The future holds much for Sri Lanka. Its economy is growing, tourism is flourishing and visitors are struck by the warmth and friendliness of its people. We want Sri Lanka to use its natural advantages to be a model of stability in the region and show its international friends that it can successfully put the past behind it. We are looking forward to supporting Sri Lanka to find lasting peace and security, built on foundations of true reconciliation.

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Death & Eternal Life: contrasting sensibilities in the face of corpses

File Photo
by Michael Roberts

(June 29, Melbourne, Sri Lanka Guardian) When inserting Kalana Senaratne’s essay on “Killing Fields: Problems and Prospects” into my web site[1] I took the liberty of placing two photographs at the masthead, both centred on corpses from Eelam War IV (though one turned out to be an LTTE agit-prop trick utilizing dead bodies from a suicide strike at Anuradhapura). This measure was in keeping with Senaratne’s topic on the one hand and a market ploy on the other. One of the pictures was derived from web sites attached to the Tamil nationalist cause associated with the LTTE and seemed to display the horrible outcome of government shelling during the last stages of the war.[2] It is the type of image that would raise the hackles of both government apologists and Sinhala chauvinists. The other image, however, would anger Tiger supporters because it not only displayed the dead body of their talaivar, Pirapāharan, but also presented him in barren nudity, except for loin cloth.

It is not these likely reactions that interest me. Rather, my interest is in the distaste with which some people may regard this presentation, that is, their sensitivity to the reality of sudden and horrible death. Note that when Channel Four presented its blood and gore in the documentary (so-called) Killing Fields, it paved the way by a careful legitimization of its act.[3] That such an act of justification was deemed necessary is significant. It would not have entered the thoughts of an eighteenth century European publisher, if one is to rely on such works as Foucault’s Discipline and Punish besides more mundane history books. So this is a form of sensibility that is a product of “modernization” and the “civilizing process.”[4] It is also a form of sensibility, I suggest, that reposes today mostly in the West, though there are articulate voices in Sri Lanka informed by similar doctrines.

The “civilizing process” is a concept rendered familiar by the title of Norbert Elias’s famous book (1939) and marks the transformation of European society from medieval to modern. When linked to the arguments in Discipline and Punish (1977) relating to the major transformations in the way criminals and murderers were punished between the late eighteenth and mid-nineteenth centuries, we are moved into a consideration of significant differences between medieval life ways and modern life ways in the West.

Guided by his familiarity with English literary works, such as “The Unquiet Grave,” Godfrey Gunatilleke reminded me that “low life expectancy and high child and infant mortality rates [in medieval times] ensured that death was a frequent household visitor.” This meant that medieval European people grew up with an “intimate knowledge of death and dying of others around them;” and developed rituals of burial and mourning.”[5] What interests me here, however, is the modern West where there is an aversion to the sight and mention of death. Writing from within this Western space, the Swiss psychiatrist and scholar, Elizabeth Kübler-Ross put it succinctly: “It is difficult to accept death in this society because it is unfamiliar. In spite of the fact that it happens all the time, we never see it.”[6]

The focus here is on the broad contrast between the Modern West and the Rest, with the latter further narrowed to Sri Lanka as an entry point for the non-West or Rest. I suggest, in broad generalization, with all the caveats attached to such generalizations, that this type of sensibility does not prevail as a dominant force in the Middle East and Asia. This is not because the latter spaces and its peoples are any less civilized, but because they are differently civilized. In broad sweep I suggest that they do not shy away from death, sanitize death, shroud corpses and refuse confrontation with a corpse and one’s mortality to the same degree as those in the West in recent times are wont to do.[7] The further suggestion is that the modernized and “civilized” West today is so immersed in its work of creating Eternal Life[8] that the disgust and shutting of eyes arising from the display of dead bodies is doubly magnified.

The issues I raise here focus on the “cultural conditioning” of people in these respective lands. More specifically, I am marking the concept of habitus deployed in different ways by such scholars as Norbert Elias, Marcel Mauss, Pierre Bourdieu and Loic Waquant, namely, the set of socially learnt dispositions and ways of acting that are often taken for granted -- practices acquired through the experiences of everyday life.[9]

The Sri Lankan contrast with the Western ways of seeing and being has been brought home to me through exposure to life in the West. More recently, it was evoked by the drama surrounding the assassination of Osama bin Laden and the measured decision by President Obama not to display bin Laden’s disfigured body, an issue addressed in my article “Gruesome Bodies: Osama, Pirapāharan, Wijeweera.”[10] Photographs of Osama’s body were viewed by Obama himself and some high-ranking members of the administration for the practical purpose of establishing certainty that they had killed the right man. Having taken that step, they did not move further to display the body to the whole world in the manner of the Sri Lankan government with Pirapāharan’s corpse.

Since incorrigible cynics in the North America circuit would never be persuaded, Obama and his advisors felt that there was no point in a public display. But why, more fundamentally, was this form of theatre avoided? Obama told his people, the American people (and thus the world because what USA hears the world hears), that the disfigured face was “too gruesome to display” and that such a display was avoided because it would “inflame anti-American sentiment.”[11]

Thus, two reasons were explicitly emphasised. My interest is in the sentiments driving Reason One. In this reasoning mutilated bodies, even those of hated enemies, were not for seeing. Obama and his advisors were informed here by the sentiments and emotions of the educated middle class, those who stand forth as the epitome of civilisation. It was not proper to display a mutilated face. That would be against etiquette, sheer bad form.

One can take it that Obama, consummate American politician that he is, knows how to read his public and that this was good constituency politics both within USA and in relation to the European world that he was also addressing (for is that not what “international community,” that term so dear to human rights advocates addressing Sri Lanka, means?). But does he know how to read Arabs, Iranians, Chinese, Japanese, Malaysians, Thai, Vietnamese, Lankans, Bengalis et cetera? Does this understanding, that a mutilated body, however infamous, is much too horrible a phenomenon to view, hold true for these non-Western peoples? Since my expertise in the culture of the Middle East, South East Asia, East Asia and India is limited,[12] the exploration of this conditioning process within the non-West will be for the most part through my knowledge of Sri Lanka.

Let me present two contrasting scenarios in these respective contexts, West and Sri Lanka, interpreted in broad sweeping generalization subject to the qualifications associated with any such survey.

Scenario A: how do people in the West and Sri Lanka treat the body of a cyclist or pedestrian who has died in a road accident and lies in all its inert force in the open visible to passers-by? My understanding from a range of informants in the West today is that the corpse would be immediately shrouded by some cloth or screen, being thereby respected, but also kept out of chilling sight for those living. Though I have no recent experiences from Sri Lanka and am subject to correction, I suggest that there would be less alacrity towards such action in Sri Lanka; and that some people would go out of their way to gaze at the scene (as I did way back in 1958-59 as a young undergraduate when the train down to Colombo was halted by a man who placed his head on the track as means of suicide[13]).

As further anecdotal illustration I cite the example of a photograph which Paul Alexander, an anthropologist who had undertaken fieldwork in the Sri Lanka, had pinned on his desk in Sydney: it showed two bodies on the ground in some street in the Matara locality with two policemen nearby and a mass of people in the surrounds. When I sat down and saw the photo pinned on the wall next to me, I looked at it and said “A murder” – reading it immediately as the depiction of a man killed and the other body as that of a woman (logically a kinswoman or spouse) rolling on the ground in grief.[14] Now, the point here is that this was a photograph that had stymied the Australians, including anthropologists, who had sat in the same chair.

Take another incident that is of wider import, an illustration referred to in my previous article. One morning in the late 1960s I emerged on my scooter unto the main Peradeniya-Kandy road on my way to work and there, I saw the mangled body of a young Muslim boy under the wheel of a bus. When I returned for lunch at noon the corpse was still there under the same wheel. The bloody image remains indelible in my mind’s eye (and please do not conclude that it was “traumatic”).

Scenario B: what is the conventional practice in the viewing respect accorded to a good friend or kinsperson who has died? Do many people see the dead body in the course of paying their respects? And as an additional query can we provide an approximate statistic on how many dead bodies a thirty-year old person today in the West would have viewed as a result of this practice and how many bodies a 30-year old in Sri Lanka (excluding the theatres of war and insurgency) would have viewed?

Beginning with the tangential background statistic that I have sought, it would be fair to conjecture that, on average, the Sri Lankan thirty-year olds would have attended far more funerals because of the conventions guiding such practice. Thus, as teenagers they would have visited the homes of any classmate whose elder kin had died. As a young lecturer at Peradeniya I joined others in a bus to go some distance for the funeral of a departmental colleague’s father; and, on another occasion, to the funeral home of a young lecturer in another department whom I knew as acquaintance and who had died of cancer tragically young. Such visitations can be prolonged. Though I did not stay long at the funeral home off Colombo when one of my former historian colleagues, Tikiri Banda Abeyasinghe, died, I discovered that many other friends were far more dedicated and had remained in the household where the body lay for viewing for the best part of the day and sometimes the day before as well.

These practices are sustained by the influence of both the great religions that have shaped the island’s history for many centuries. In Hinduism life and death are two sides of the same coin and it is believed that “life is born out of death;”[15] so that “death is necessarily sacrificial, because, without it, no life can happen.”[16] Again, Buddhism presents life as suffering, dukkha, and encourages meditation and direction from this overwhelming fact. Even Christians in Sri Lanka are informed by this pervasive way of being,[17] the result of osmosis and cross-fertilisation in religious activity. The standard act of devotion to the Buddha and the Dhamma involves a devotee placing some flowers, usually araliya mal, at the feet of a statue or shrine and uttering words that acknowledge that their own bodies would wither away like the flower.

Indeed, Senaratne has reminded me that “Buddhism even encourages meditation on a dead corpse, with a view to furthering the realization of the true nature of suffering and impermanence of the body” and that the “very observation of [a] dead body should ideally be a meditative exercise on impermanence of the body.”[18] Obviously, the Buddhist belief in many births and in samsāra as a cycle of birth, death and rebirth influences the prevalence of such a perspective. It is through such beliefs and a range of conventional practices, arguably, that a habitus of equanimity towards corpses has been nourished.

I use the term “nourishment” in considered fashion to indicate that we are not talking of insensitivity or primitive medievalism here. The contrast with the average Westerner’s exposure to the remains of friends/kin requires underlining. Inspired by a conversation with Helmut Kuzmics, I also mark the additional influence in contemporary times in the West of what he calls the drive towards Eternal Life. In his view this trend is a more recent development and the consequence of twentieth-century urban life because “the dead could be mourned publicly in the room in which they had died” till recent times in Europe.[19]

In Kuzmics’s understanding the remarkable achievements secured by medical science in beating disease[20] and promoting longevity have been a central force in this quest for endless life. These medical advancements are a great triumph. But they cannot deny mortality by natural decay; so that, sometimes, longevity is secured at the heavy price of awful suffering during the last stages of decay. Since my father and two sisters lived into the 90s, but endured wrenching pain during their last months I am only too conscious of this outcome.

It is towards the encouragement of reflexivity and an understanding of cultural difference that I presented the images in Senaratne’s entry. It is for the same reason that I have now backed it up with this exploration.

Postface: Velupillai Pirapāharan was not shot in the head as Pirapāharan, but as a Tiger soldier out there in dense swamp terrain. When the several photographs of his head and body were shown initially in May 2009, there were a few in Sri Lanka who suggested that he had been executed. A source with army links suggested to me that it was a sniper shot. But somewhere along the line (I forget where) I picked up the critical information that his body was found in the swamp areas bordering the western waterline of the Nandikadal Lagoon. To my thinking this ruled out a sniper shot and suggested that he was killed in some fire fight. Further, and critically, I surmised to myself that those army men behind the shooting would have been unaware that he was Pirapāharan; rather, that he was just another Tiger in a group of Tigers which included many LTTE leaders seeking to escape and fight another day. It was for this reason that I retrieved photographs of the swamp area from the Ministry of Defence web site and inserted two in my anthology Fire and Storm (Colombo, Vijitha Yapa Publications, 2010).[21]

This speculation on my part has recently been confirmed in an article by WLD Mahindapala which also displays images of the swamp area and vicinity.[22] Mahindapala is a government apologist and to my thinking a Sinhala chauvinist (I have been castigated by him in the past). But it is precisely this circumstance and his high-level connections that enabled him to gain entry to the specific locale of this last battle in the company of Lt. Col. Rohitha Aluvihare, Commanding Officer of the 4th Battalion of the Vijaya Infantry Regiment, the unit involved in this specific struggle. This fight had initially occurred in the dead of night between 3.30 and 6.30 a. m on the 18th May morning after a platoon led by Sgt Bandara had been surprised and nearly overwhelmed by this Tiger contingent’s move out of their last redoubt. Reinforcements and heavy fire had then been mounted against the area. The shooting is said to have lasted till 11.00 a.m. that 18th day, with the army losing 4 men and having 4 others injured. Later that day the army sent commandoes into the swamp area for a clearing operation, one that included the recovery of bodies.[23] This task had continued the next morning, that is, on the 19th May. The army men were suddenly confronted by a number of Tigers who had remained hidden. It was when this Tiger unit had been overcome that they discovered Pirapāharan’s body, with his probable identity being indicated by his identity card and a tag marked 001.

Final confirmation of this identification was reached by bringing the former LTTE Colonel, Karuna, as well as Daya Master, one of the political chiefs in the LTTE regime,[24] to the locality where Pirapāharan’s body had been laid out. The body had been stripped of clothes for this pragmatic task of identification. That is understandable. Pathologists examine bodies in their natural state. Even films of forensic science investigations, such as Waking the Dead, evoke realism by showing corpses stark nude with pubic hair on show (unlike Channel Four’s prurience[25]).

However, the question that arises at this point is the same as that which faced President Obama. Did President Rajapaksa and his advisors have to display body and face in their lurid state to the whole world through media outlets?

As I have argued in my previous essay, one did not need to be a rocket scientist to conclude that Rajapaksa’s regime would gain considerable popularity in the Sinhala-speaking world at home and abroad by revealing this final nail in the LTTE military coffin. So, for him, it was good populist politics, besides being a pragmatic way of confirming to everyone everywhere that Pirapāharan had been killed.[26] However, the further point to note is that issues of sensibility would not have arisen because the habitus of most Sri Lankans precluded them from reading the world in this manner and seeing the disfigured head as a repulsive sight. After all, when President Premadasa was decimated by a LTTE suicide bomber on May Day in 1993, his remains in the form of corpse charred to cinder were displayed in all the newspapers, including government-run ones. This, too, was probably good politics because it served to present the LTTE as a terrible force. But conditioning such practices is the fact that to most Sri Lankans death in whatever form is an integral part of this world of suffering, a universe where pain is mixed with pleasure. The contrast with much of Western society today is stark: “It is difficult to accept death in this society because it is unfamiliar. In spite of the fact that it happens all the time, we never see it” (Elizabeth Kübler-Ross).

SHORT BIBLIOGRAPHY

Bishop, Stephanie 2006 Review of Pat Jalland’s Changing Way of Death in Twentieth Century Australia, Network Review of Books online.
Bourdieu, Pierre 1977 Outline of a Theory of Practice, Cambridge University Press.
Bourdieu, Pierre and Loïc J. D. Wacquant 1992 An Invitation to Reflexive Sociology, The University of Chicago Press.
Bowker, John 1991 The Meaning of Death, Cambridge, Cambridge University Press.
Elias, Norbert 2000 The Civilizing Process, Oxford, Blackwell. [Orig. 1939].
Foucault, Michel 1977 Discipline and Punish. The Birth of the Prison, New York, Pantheon.
Frank, Arthur, 2010 Review of “Loneliness of the Dying” by N. Elias in Canadian Journal of Sociology, http://www.cjsonline.ca/advancepub/frank10b.html.
Gill, A. A. 2011 “Channel Four’s Shoddy Sensationalism exposed,” http://www.topix.com/forum/ world/sri-lanka/TRTFUQMJ6JFOM7CKS.
Mauss, Marcel. 1934. "Les Techniques du corps," Journal de Psychologie 32 (3-4).
Roberts, Michael 2007 “Suicide Missions as Witnessing: Expansions, Contrasts,” Studies in Conflict and Terrorism, 30: 857-88.
Roberts, Michael 2010 “Sacrificial Devotion in Comparative Scope: Kamikaze, Mujahid, Tiger,” in Roberts, Fire and Storm. Essays in Sri Lankan Politics, Colombo: Vijitha Yapa Publications, pp. 132-39.

Roberts, Michael & Arthur Saniotis 2006 “Empowering the Body and Noble Death,” Social Analysis 50: 7-24.

Shulman, David 1980 Tamil Temple Myths: Sacrifice and Divine Marriage in the South Indian Saiva Tradition, Princeton, NJ: Princeton University Press.

Stirrat, R. L. 1992 Power and Religiosity in a Post-colonial Setting. Sinhala Catholics in Contemporary Sri Lanka, Cambridge University Press.

[1] http://thuppahi.wordpress.com/2011/06/24/killing-fields’-problems-and-prospects/

[2] It has since been proven that this image displays persons killed in an LTTE bomb attack on Janaka Perera at Anuradhapura though it was sent to me by some Tamil propagandist as an example of a government atrocity. However, a visit to www.tamilnet.com in the fist five months of 2009 will reveal other propaganda images, some of which are probably authentic.

[3] http://www.dangerousminds.net/comments/sri_lankas_killing_fields/

[4] Note, here, the pertinence in various ways of the book, The Civilizing Process by Norbert Elias.

[5] Email communication from Gunatilleke, 27 June 2011.

[6] I am indebted to Gunatilleke for this quotation. Kubler-Ross was a psychiatrist and a pioneer in near-death studies who authored On Death and Dying (1969).

[7] So, too, those Lankans, Indians, Arabs, Iranians and others who are thoroughly Westernised.

[8] My thanks to Helmut Kuzmics for this idea (see text below for elaboration).

[9] See Elias, 1939; Mauss 1934; Bourdieu 1977; Bourdieu & Wacquant 1992.

[10] http://thuppahi.wordpress.com/2011/05/10/gruesome-bodies-osama-pirapaharan-wijeweera/

[11] NDTV video, http://www.ndtv.com/video/player/news/us-won-t-release-photos-of-osama-s-corpse/
198617.

[12] As a caveat let me note that I have worked on “communal violence” in India and pursued research on sacrificial devotion in India, Japan and the Middle East through secondary reading and conversations with such specialists as Riaz Hassan, David Cook, Brian Victoria and Shoko Yoneyama. See Roberts & Saniotis 2006; Roberts 2007 & 2010 as well as my other web site http://sacrificialdevotionnetwork.wordpress.com/.

[13] Also note the example of bus ‘pilgrimages’ to the mountain ranges around Mousakelle to view the remains of a KLM plane that crashed there at some point in the early 1970s (http://thuppahi.wordpress.com/2011/ 05/10/gruesome-bodies-osama-pirapaharan-wijeweera/).

[14] Alexander laughed and said “you are the first person to read that picture.” He stressed that Australian visitors had been puzzled. This difference, then, was the outcome of cultural conditioning.

[15] David Shulman 1980: 90.

[16] Bowker 1991: 157–158.

[17] R. L. Stirrat, Power and Religiosity in a Post-colonial Setting. Sinhala Catholics in Contemporary Sri Lanka, Cambridge University Press, 1992.

[18] Email from Senaratne, 27 June 2011.

[19] Email from Kuzmics, 27 June 2011.

[20] Pat Jalland’s work, it seems, also stresses this important, if obvious, fact (Bishop 2006); but Jalland’s argument that Australians have moved from “a state of death denial to a greater acceptance of both dying and bereavement” (Bishop 2006) seems to go against the contention postulated by Kuzmics.

[21] They have been given the caption “Pirapāharan’s last homeland.”
[22] Mahindapala, “No peace offering from Prabhakaran – only war,” in The Island 11 June 2011 and http:// www.lankaweb.com/news/items/2011/06/11/no-peace-offer-from-prabhakaran-%E2%80%93-only-war/.

[23] It was, perhaps, because they thought the battle was over that Murali Reddy and Kanchan Prasad left the last redoubt on the 18th May and then returned to Colombo on the 19th – thereby missing the recovery and identification of Pirapāharan’s corpse. However, see http://www.flickr.com/photos/organize/for images of the last redoubt.

[24] Daya Master, in fact, had been in the last redoubt till 19-23 April when the army rescued some 120,000 Tamil civilians and LTTE fighters who streamed across Nandikadal Lagoon in their thousands.

[25] Note Gill’s sharp commentary on this pointing Gill 2010.

[26] In actual fact some Tamils (mostly abroad?) continued to deny his demise. One Tamil web site thought they were clever in concocting a photograph of Pirapāharan seated in a chair and reading a newspaper, bearing a date in late May or thereabouts, looking with glee at a television screen with images of government ministers. Since the dead Pirapāharan could not reveal himself in subsequent weeks and no one could produce him, this short-term gimmick was quite imbecile. It suggests that the psy-ops technicians behind it were still convinced he was alive.

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