That hideous strength - 08 January 2003

by Rajiva Wijesinha

One of the more enterprising of our politics students brought back for me, from their recent field trip to Jaffna, a copy of a document entitled the ‘Judicial administration of Tamil Eelam’. It was so preposterous that I thought it had been made up by the Sihala Urumaya or the EPDP to bring the LTTE into disrepute. But I was assured that our students had been given this document in all seriousness by the leading LTTE administrators they met, as an indication of how organised they were to take on governmental responsibilities.

The first thing that struck me was the absolutist nature of the document. The first section is on ‘Structure of Tamil Eelam Judicial Administration’, the first clause of which is - (1) It functions on the basis of the direct approval of Mr. V. Prabakaran, the National Leader. Then, after enumeration of the different sorts of judges, (2) Only he has the authority to reduce or increase the sentences of the Courts wherever the need arises. 3. All laws are made with his approval.

Later we are told that the Supreme Court ‘consists of three judges, appointed by the National Leader.’ All judges must sit the examination held on Sunday in the last week of every month.’

The section on Legislation is wonderfully Orwellian - (1) Making of Laws. Drafting new Laws in accordance with the needs of the time, and in terms of the attitude and conduct of the people. (2) Approving: Whenever the need arises for new laws, in terms of the needs of the judiciary, adopting the appropriate laws of other nations. (3) State Attorney-at-Law: Observation of their morals and functions guiding and directing their functions in terms of the needs of the court.

Then there is a section on a committee for the review of legislation, which consists of (1) Official in Charge of Political Field. (2) Official in Charge of intelligence and six others in charge of Finance, Police, Judicial Administration, Research Organisation of women, "Chencholai’, Refuges Rehabilitation. This committee for review after having discussed and reviewed the legal drafts drawn by the legislation submits the final form of draft to the National Leader for approval. This Committee will meet as and when needed.

Another section deals with (13) Details of the Functions of the Judicial Administration and the Function of the Officials in Charge. In order to organise the functions of the Judicial Administration, and the functions and duties activities are distributed on the following basis. In the manner, As to Hon the social justice should be to the people of Tamil Eelam as thought by the National Leader to execute that social Justice as thought by him, in such manner every officials must utilise their full skill and ability with sincerity to the National Leader in dedicating their skills, to the advancement of Judicial administration.’

The head of the judiciary seems to be someone called ‘Official in Charge (all) whose first duty is ‘Implementing the views of National Leader in respect of Judicial Administration Informing him’

I have quoted at such length that there is little room for comment. But comment hardly seems necessary, because even the most idealistic Norwegian must see that there is nothing democratic or transparent or accountable about the structures and processes envisaged. And surely the Americans, who think and sometimes say that Chandrika is fussing unnecessarily, must recognise that this sort of language is of a piece with the rhetoric employed by their current bete noirs, Saddam Hussein and Kim Jong Pil.

For the sad truth is that Prabhakaran is a child of the sixties, and those were days when concepts such as the National Will were bandied about with passionate conviction. Such amorphous concepts had of course to be embodied, so they were identified with a Supreme Leader whose right to speak on behalf of all his people could not be questioned.

People swallowed such ideas in those days. And there are still many, especially those poor Sri Lankan students, taught by the children of the sixties with no opportunities to read alternative views, who believe that communism was democratic because it represented the will of the people. That there were no elections in which people could choose, and that the chief authority was a party functionary, cannot be taken into account, because to challenge the prevalent dogmas is to challenge the will of the people.

Of course the USA used such people, including Saddam Hussein, in the days when it was convenient to them. And though I think it was both wicked and foolish of them, it was at least comprehensible in the days when the Supreme Enemy was Communism or Iran, so a mere Supreme Leader could be taken to heart. But now, when they have no such threats, not to be firm in opposing any dispensation that promotes authoritarianism as a principle is utterly irrational folly.

Ensuring democratic and truly representative government for Tamils, and indeed all our people, especially those at the periphery, is one thing. Creating monstrosities that by their very nature will perpetuate anarchy in pursuit of personal will is quite another. Ranil may not realize this, because he too grew up during the sixties, and unfortunately cut his political teeth under JR, who also thought he needed unbridled power to achieve his goals, whatever they might have been. Like JR, as we saw with the 19th amendment, Ranil too can lose sight of principles and indeed final goals in pursuing undemocratic means. He might be able to live with a National Leader on the other side of the border. The people on either side will find it much more difficult. — Lanka Academic