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We in Sri Lanka have not lived up to the promises enshrined in the Constitution. We ask people to vote, carry NICs, have national passports and call ourselves citizens of Sri Lanka. What do some get in return for such obedience? The testimony, in many instances in Sri Lanka, is its failure to protect. Protection which enables freedom for development, is what good governance should give us.

By J. Nikhil Mustaffa

Lakshman Kadirgamar was assassinated by a sniper, whose location could have been foreseen by any amateur sleuth. He was protected by some of the best in the country. While we may sing many a praise, after he is gone, it is not going to bring him back. For his family, loss was `immeasurable. Neelan, when he was assassinated, had a backup vehicle, where the door locks functioned from the outside. He too left behind a family grieving.

They were protected directly by the State.

Many years ago, on a weekend, the news reported the disappearance of Richard de Soyza. Subsequently found on Koralawella beach. His mother and maid witnessed the abduction from their home. No one was successfully convicted of the crime. In fact, it is said that the investigation was a farce. Though, thousands had disappeared before he did, it was said that his death was a turning point to highlight the murderous environment in which people lived, since he was quite well known and had influential friends.

CBK appointed a number of commissions of inquiry, to look into the disappearances. The narratives of 35,000 disappearances were deposed before the commissions. Most, if not all of the deaths, were the result of the culture of impunity. Our culture dictates customs that mourn death and put souls at rest. For the families of the disappeared, that is not possible, since there is no such finality.4000 persons are, reportedly, missing in action. The tale of incomplete rituals is the same here. This chapter in our history, has been fatal for us as a country. It meant, sanctioned extrajudicial killings and the killers were protected actors!

There have been many more tales. However, it’s this legacy, which made possible the killing of five youths on the beach, in Trincomalee. Evidently, three have bullet wounds to their heads, indicating a one style of executions. Two had wounds elsewhere. Amnesty International has sought information on the whereabouts of eight youths who were last seen in a temple.

The Alipiddy incident had eight dying in a very controlled area. The Bishop, in a comment published yesterday, alludes to conscription, in a government held area, by a group not aligned to the LTTE. A couple, who sought asylum and received it through an in-country process, had rung yesterday, to inquire how two of their brothers, who are under constant threat of conscription, could possibly seek safety in another country.

The two boys do not know who is `after them. Last week, in Pesalai, the people who sought shelter from fighting, saw a grenade being flung, in addition to shooting which injured them.

The Kebbitigollawa mine attack was an indescribable horror. The Human Rights Task Force, the forerunner to the current Commission, in a report, narrated how persons were loaded into a truck, never to be seen gain, even though, hundreds witnessed the departure.

A Chinese restaurant, where the current Cricket Club is, was once stormed, reportedly, by well connected personnel in the heart of Colombo. These are tales of one side of protection of the same coin.

Another side ensures all citizens are protected from deprivation. The Finance Ministry, in a thought provoking document released last year, classified deprivation in the form of poverty, into a number of categories.

The poorest of the poor and the less poor

This segment accounts for 23% of the population in the country. Ten percent is chronically poor. Both need support through public cash transfer schemes. About 10-15% of the population, who are above the poverty lines, but close to it, need to be supported with Credit Schemes and other Programmes such as, Micro-financing, Income Generating Activities and Community Infrastructure Rehabilitation. Poor households in the conflict affected North-East, need to be recognised separately and supported under ongoing Rehabilitation Programmes.

Youth

This targets youth above 18 and under 35 years, to enhance their income, where, currently, there is insufficient income for their livelihoods through public, private and people’s sectors.

Differently Abled Poor

The 2001 Census identifies 274,711 as being differently abled (excluding the North-East). Of these 58% are males and 42% are females. About 32% have never attended school.

The Conflict Affected Poor

The earlier narratives have indicated the impact. Hence, poverty in the North-East, is experienced differently, whilst Peace is key to reducing conflict related poverty.

The Tsunami Poor

There is an overlap between normal poverty and Tsunami affected poverty. In certain areas, where resettlement and area-wise infrastructure provisions are involved, there will be several additional reconstruction interventions.

Women and Children

Women constitute 51% of the population. Unemployment among women is 22% and is double that of men and where employed, mostly at the bottom of the pyramid, find jobs, usually, in low status, low skilled and low paying areas. Most of the jobs are in unorganized and informal sectors. They represent 76% of unskilled migrant labour. Poor women can be categorised into female heads of households, subdivided as (a) Non-widows and

(b) Widows/Separated/Divorced/Elderly and Disabled women.

Non-Widows

An estimated 20% of households are headed by females (one in every five). The urban sector has 23.4%, while the estate sector has 17.3%. Mainly, issues include financial instability, poverty and irregular low wage employment.

Widows, Separated / Divorced Women

Widows constitute 65% of female heads of households in Sri Lanka. About 19,000 are War widows and relatively young. Most are impoverished, deprived of social security and family support. Their children too, are isolated, often in unhealthy conditions, sexually and physically abused, and without inheritance rights to property. Many widows are hounded from their homes and denied access to essential resources such as, shelter, food, clothing and clean water. They have no social status and standing, and are denied loans to start gainful employment.

Elderly Women

The country’s old age dependency ratio has progressively increased over the last 20 years and is expected to double over the next 20 years. Retirement systems, currently cover 25% of Sri Lanka’s working age population; the vast majority of the population does not have formal social protection for old age. Further, of those who are covered, a large proportion are located in the top two income quintiles, suggesting that Sri Lanka’s retirement system does not adequately meet the needs of the poor. A large proportion of those not covered are outside the labour force, the majority (70%) of them are women.

Disabled Women

These comprise one of the most neglected segments of the population. Most are unemployed, isolated, marginalised and considered a burden and objects of pity. Disability imposes upon them greater vulnerability.

Children

Children under 18 years constitute 36% of the population, infants 1.6% and those under four 7.2%, making a total of 8.8% under five.

In front of Odel and the mosque at Town Hall in Colombo, passing motorists can see little children defecating, bathing and dressing for school from the pavement on which they sleep at night. It’s a convention that children have a right of protection, which should give them a life of dignity and security, as do all citizens in a country which promises democracy.

In South Africa, one of the judges of the Supreme Court, had interpreted a provision in the constitution to ensure all had a right to housing, in a case on the indignity of living in tin shacks.

The Nepali constitution had the Right to Life enshrined in it but the turmoil, recently, was testimony to failure. For now, it seems, they will, together, write up a new constitution.

The history though, is of bad governance, notwithstanding a very good constitutional framework.

Yash Ghai, a reputed scholar, due back for a lecture soon, in an address in Geneva, had spoken of the promise of a constitution to its citizens. We in Sri Lanka have not lived upto those promises. We ask people to vote, carry NICs, have national passports and call ourselves citizens of Sri Lanka.

What do some get in lieu of such obedience?

For a family in Mannar, where the husband and two children had died of hanging in their own little home, having returned from India, where they had been refugees, the woman in the family had been gang raped and found dead.

In her last moments alive, what failing promises of our Constitution would she have not seen?

When the youth on the beach were being executed, what thoughts would have crossed their minds? For their parents, justice may never be given. Manorani, mother of Richard de Soyza, did not either, though people with knowledge of how he died, may still be around.

For the people of Sampoor, who get bombed, each time the LTTE plays truant, what crime was it they committed in being born Sri Lankan?

It is`said that 43 meetings were held between the UPFA and the UNP, where agreement was found on 95% of what they discussed for constitutional reform, except, evidently, the option of a third term for a President.

When the All Party Conference members munch their crisp samosa, sandwiches and sip tea in fine china, they do not have the courage to disclose what has gone on before?

Nepal hid its head in the sand, pretended there was a passing rebellion. Horror of failures finally caught up on the rulers and they are now compelled to redraw the map on governance.

The testimony, in many instances in Sri Lanka, is its failure to protect. Protection which enables freedom for development, is what good governance should give us. [DailyMirror]

Pictures [humanityAshore.org]