Military, tread cautiously

The Ministry of Defence, which according to the general law of Sri Lanka has no role in the maintaining of law and order, issued a chilling press release a few days ago as President Gotabaya Rajapaksa declared a State of Emergency for the second time within a matter of weeks. In its press release, the MoD called on the general public to assist “in managing the current economic and social crisis and unrest in the country with utmost intelligence and patience.”

At best this press release is delusional on the role of the military in Sri Lanka, scary for the implicit threat it is casting on the citizens who are expressing their will on the streets and frankly in contempt of the constitution and the law. The only thing it gets right is that there is a socio-political crisis and a resulting unrest that has emerged as a result. There is no external or internal security threat to the State of Sri Lanka even though the ruling regime is under political pressure for its mistakes. Socio-political crises have to be dealt with and resolved through dialogue and compromise. In this process, the expression of opinion in the form of protests, trade union action and even civil disobedience is very much part of the democratic process and an essential element at that. 

Even on instances when protests turned violent in recent weeks, the police were to be blamed as witnessed in Mirihana and Rambukkana. There are even accusations that agents of the State instigated and orchestrated some of this violence by setting fire to a bus in Mirihana and attempting to set fire to a fuel truck at Rambukkana.

In that context there is absolutely no justification for President Rajapaksa to declare a State of Emergency to begin with. Now that he has done so it is further concerning the manner in which the military seems to interpret its role during a declared state of emergency. There is clearly a lack of awareness of the limitations of its role. In its press release, the MoD asserts that the “struggle that has been going on as a peaceful struggle has changed and democratic rights of the people have been violated in an attempt to disrupt the normal lives of the people in the country.” 

Who has granted the authority to the MoD to determine which democratic rights of the people are violated through protests? According to the Constitution, the Supreme Court is the sole interpreter of the fundamental rights of the citizens. If there is a necessity, the Court will determine if there is in fact a “right to normal life” or a “right not to be inconvenienced” that needs to be weighed against other rights.  

The Sri Lankan military is on very thin ice when it comes to human rights and adherence to the law. It has for years been accused of numerous human rights and humanitarian law violations. Since 1971 the military along with the police were responsible for over 100,000 extrajudicial killings and enforced disappearances. The current commander in chief himself is accused of numerous crimes including the killing of journalists while the current Army commander is under sanctions by the United States. The divisions he and the current secretary of defence led during the final phase of the war have come under severe scrutiny for alleged war crimes.

In such a context it is wise for the military top brass and their civilian leaders at the ministry including the newly minted State Minister for Defence, Prof. G.L. Peiris to tread cautiously at this delicate moment. They should all be put on notice that they would be held individually accountable for any violations in the coming days and weeks. Sri Lanka is Asia’s oldest continuous democracy, and despite its chaotic nature is well-capable of handling its political crises through peaceful, democratic means through institutions such as parliament without any assistance from the military.