On
February 19, 2020, i.e. days before Parliament was dissolved and
probably in full cognizance of impending General Elections, a report was
released by ‘The Sectoral Oversight Committee on National Security,’
appointed following the Easter Sunday attacks almost a year before.
The
Easter Sunday attack was a clear indictment on the then government’s
shortsightedness on national security issues. The liberals who
pooh-poohed Islamic extremism, the NGO racketeers for whom ‘religion
freedom’ meant ‘anything goes, even terrorism’ were effectively
bamboozled. They shut up. The yahapalanists were routed at the election,
and even a pathetic last-minute name-change didn’t help.
All
that is incidental. What’s important is the report of the OCE (Oversight
Committee on Extremism). The report had the OCE’s mandate clearly
stated on the cover page itself: ‘Proposal for formulation and
implementation of relevant laws required to ensure national security
that will eliminate New Terrorism and extremism by strengthening
friendship among races and religions.’ Oddly worded, but that too is
incidental.
The OCE was chaired by Malith Jayathilake. Shehan
Semasinghe, Vijitha Herath, Weerakumara Dissanayake, Buddhika Pathirana,
M.S. Thowfeek, Palitha Thevarapperuma, S Viyalanderan, Dharmalingam
Siddarthan, A A Wijethunga, M.A. Sumanthiran, Chandima Gamage, Kavinda
Jayawardane, Mayantha Dissanayake, Bandula Bandarigoda, Muhammad Ibrahim
Mansoon and Ashu Marasinghe were the others in the committee. Many of
them are still in Parliament.
The report contained
recommendations on the following areas: 1. Education, 2. Banning face
coverings which hinder identification, 3. National Defence Policy, 4.
Amending the Immigration and Emigration Law in line with new
developments, national and international, 5. Electronic, print and
social media, 6. Amending the Muslim Marriage and Divorce Law, 7.
Empowering Muslim civil society, 8. Empowerment and legalization of the
NGO Secretariat, 9. Amendment of the Wakf Act, 10. Suspension of
registration of political parties on ethnic and religious basis, 11.
Issuing birth certificates with Sri Lankan Identity Number, 12.
Establishment of a ministry of religious affairs that combines all
religions, 13. Building and maintaining Dhamma schools and religious
centers to ensure inter-religious cohabitation, and 14. Halal
certification process.
Now this is as comprehensive a report as
we’ve seen on a number of key and interrelated issues. Most of the
recommendations are directly or indirectly related to inter-communal
tensions so perceived or defined. Many of them can be immediately
implemented following relevant gazette notifications; for example in the
case of the majority of recommendations pertaining to education, media,
Halal certification, NGOs and defense. In the very least, the relevant
line ministries can use the particular sections of the OCE report as a
basis for discussion followed by policy formulation. Implementation can
follow the cabinet decisions.
Some of the recommendations for
the education sector have implications beyond the subject at hand,
extremism, for example the streamlining of international schools. Some
are cosmetic but arguably prompted by good intention, for example,
changing the names of schools with ethnic, religious or community
identity and of course a streamlining of school holidays. Some are
directly related to the rise of Islamic extremism, for example the
Madrasa institutions. The OCE recommends that Madrasa institutions
should be limited to training Islamic clerics and can enroll only those
who are 16 years of age or above AND have completed 11 years of formal
education. The OCE while acknowledging that they don’t have all the
data, asserted that there are at least 1679 Madrasas while only 317 are
registered with a further 175 having sought registration. It was
estimated that at least 27,000 students are enrolled in these Madrasas!
The OCE recommends that 75 Madrasas are sufficient given the total
Islamic population in the country.
I invite the strident voices
demanding freedom of expression to read the section on ‘Electronic,
Print and Social Media.’ They would, I promise, be horrified that
yahapalanists could come up with such plans!
Obviously certain
recommendations require amendment of existing laws and promulgation of
new ones. The OCE wants the Parliamentary Elections Act No 1 of 1981
amended so that either in name or constitution a party cannot affirm or
privilege a particular faith or ethnic community. This would run against
basic tenets of political freedom. MP Sumanthiran ought to have
resigned from the Ilankai Tamil Arasu Kachchi the moment he put his
signature on the report. M.S. Thowfeek too (SLMC). Incidental, let’s
say.
The most important recommendations are related to Muslim
marriages and divorces that require amendment of Acts Nos. l3 of l951,
31 of 1954, 22 of 1955, 1 of 1965, 5 of 1965, 32 of 1969, and Law No.
41 of 1975. These correct the horrendous gender inequalities in that
community with respect to marriages and divorce. They recommend, for
example, the provision of legal rights to brides when signing a marriage
contract, making registration compulsory, establishing 18 as the legal
age for marriage, formulating laws that allow both groom and bride to
seek divorce if required etc. Most importantly it recommends that the
Muslim Marriage and Divorce Act No 13 of 1951 to be considered a special
law but executed under the general law of the land.
In
addition, the OCE has made sweeping recommendations pertaining to the
Wakf Act that make for greater accountability from religious
institutions and clerics. Obviously the focus is on the Islamic
community, but some of the recommendations are eminently applicable to
all religious communities.
The Religious Freedom Nazis might be
livid, especially those who have a bone to pick with certain religions
(but not their own) and/or whose faiths have no history or numbers of
the faithful of any significance (which is why, ‘equality of the
‘one-religion, one-vote’ kind is advocated even though in countries
where THOSE religious communities are the majority, such generosity is
hardly seen). That’s their problem.
These are yahapalanists
recommendations which pohottuwa politicians are not likely to disagree
with. The vast majority of them can be implemented immediately. Some
require, as mentioned, amendment of the law.
President Gotabaya
Rajapaksa and his government can send a copy of the OCE report to the
Attorney General. The line ministries can be asked to get cracking.
There’s a lot of can-do stuff in the report. Just get it done without
twiddling thumbs, navel-gazing and foot-dragging because ‘those other
fellows made the report.’ At least read the damned thing!
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