In
the aftermath of the victory over terrorism a disbelieving
‘international community’ relentlessly targeted Sri Lanka. That game is
still not done. I remember a particularly ‘hot’ session of the UNHRC in
Geneva. The year was 2012.
A vote was taken. The USA took the
lead and as such the result was a foregone conclusion. There were
battles on the sidelines, however. Various outfits organized sessions at
which Sri Lanka was either mentioned or directly targeted. The then
Government send dozens of people to state Sri Lanka’s case and counter
ridiculous allegations.
Most of ‘the team’ marked ‘present.’
That was it. There were exceptions. Rajpal Abeynayake was an explosive
opener. Whereas most remained silent, two others raised their voices.
One was the present President of the Bar Association, Kalinga Indatissa,
PC. The other was Ali Sabry, recently appointed as Minister of Justice.
Sabry’s appointment was preceded by rumors that he would indeed
be the next Minister of Justice. My hunch is that the rumor was started
by those who were backing someone else for the post. The focus was on
the fact that Ali Sabry is a Muslim. Fears were expressed over the
likelihood of Sabry serving the interests of that particular community
to the exclusion of all others and inter alia the larger national
interest.
The assumption is obvious: all Muslims are focused on
furthering the interests of that community. This is so wrong. If we take
the issue of the NTJ, there have been many Muslims and Muslim
organizations that objected vocally and acted against Islamic
fundamentalism by appealing to all relevant authorities. No one bothered
to listen, this is now established. Let it not be forgotten that there
were extremist groups that considered Muslims as a monolithic community
either through ignorance or for obviously mischievous reasons. Those
Muslims who objected to the moves that culminated in the Easter Sunday
attacks were therefore taking huge risks: on the one hand by extremists
in their community and on the other, extremists from other communities,
especially Sinhalese.
Secondly, it is not the case that
non-Muslims have always acted in the national interest or have always
considered the interests of, say, the Sinhala Buddhists. Well-meaning as
well as ill-intentioned liberals have by acts of omission and
commission been complicit in the rise of groups such as the NTJ.
So
what of Ali Sabry? He has not been silent when there were issues
relevant to Muslims. He took up the cry against cremation of Muslims who
had succumbed to Covid19, citing WHO guidelines. Now I have issues with
WHO guidelines on this matter because the WHO, understandably, was
operating in unfamiliar territory. Indeed, even today, several months
after the pandemic broke out, what’s known seems to be abysmal compared
with what is yet to be found out. Sabry was and is sensitive to concerns
relating to faith. Nothing wrong in this.
What is most
important, to me at least, is that Ail Sabry has been more of a
nationalist than many vocal non-Muslims in this country, in particular
leaders and key persons in major political parties including his own!
Anyway,
he is not the Minister of Justice. Justice is not just about
identity-issues. There are archaic laws that need to be changed. There
are judicial processes that are clearly inefficient. There is the matter
of capital punishment (I want it abolished and although I may be in the
minority here, I am yet to hear any compelling argument for that
gruesome and uncivilized practice that refutes Albert Camus’ thesis so
well presented in the essay ‘Reflections on the Guillotine’).
The
19th Amendment was a flawed, partisan document which, ironically, those
now in the Sri Lanka Podujana Peramuna (Sabry’s party) voted for (the
exception being Sarath Weerasekera). Sabry has a task here. Is the
partisan amendment to be amended in a partisan way or not?
How
about the 13th Amendment? What’s he going to do about it? Well,
obviously, his ‘take’ would be framed by the thinking of the government,
in particular the President and the cabinet. That’s an amendment that
needs to be tossed out.
Ali Sabry has asserted that the bat
should be allowed to do the talking. The onus is on him. He knows this.
He has accepted the challenge. First up, being a part of the Government,
would be the 19th. The 13th cannot be too far behind. The litmus test
however will be the Muslim Marriage and Divorce Act (MMDA) as well as
other matters categorized under ‘Customary Law.’
If it’s about
one country, one law (a notion he has championed), then the MMDA has to
go. No half-way measures. It rebels against all notions of equality.
Sure, you can do away with Article 9 too, which gives the Buddhist Order
a special place (not Buddhists or Buddhism, please note). On that note,
all religious holidays should be done away with too. Maybe Sabry will
stand for a secular Sri Lanka, far more vocally and ministerially than
his predecessors.
His bat has to do the talking, but let’s not
forget that in this game he’s not a one-man team. Other bats have to
talk too. It would be very unfair to single out Sabry if the Government
itself is ‘in error’ as per the expectations/reservations articulated in
relation to his appointment.
Ali Sabry is at the crease. And in
this version of ‘cricket’ it’s not a ‘last man have chance’ affair.
President Gotabaya Rajapaksa is at the crease too. Prime Minister
Mahinda Rajapaksa and everyone in the cabinet is at the crease as well.
The Members of Parliament don’t get to put their feet up in the dressing
room. Most importantly, the people can’t retire themselves.
We
are all at the crease with Ali Sabry. He can run us out. We can run him
out too. Together, we might help the country to a spectacular score and a
victory thought to be unimaginable. Let’s see.
malindasenevi@gmail.com
1 comments:
I like Malinda's Style.
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