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'Overnmental (r)ani ations +&'(s,are the popular punchin) ba) of the re)ime to curb and crush dissent / &ame!callin)brandishin) circulars to warn &(s and now a draconian law to prevent them from raisin) public issues / 2ostilities between the '(.L and the L003 have ended in the decisive victory of the former over the latter
'Overnmental (r)ani ations +&'(s,are the popular punchin) ba) of the re)ime to curb and crush dissent / &ame!callin)brandishin) circulars to warn &(s and now a draconian law to prevent them from raisin) public issues / 2ostilities between the '(.L and the L003 have ended in the decisive victory of the former over the latter
'Overnmental (r)ani ations +&'(s,are the popular punchin) ba) of the re)ime to curb and crush dissent / &ame!callin)brandishin) circulars to warn &(s and now a draconian law to prevent them from raisin) public issues / 2ostilities between the '(.L and the L003 have ended in the decisive victory of the former over the latter
and its players by Lakshan ias ! on "#$2#$2"1% &on 'overnmental (r)ani*ations +&'(s,- are the popular punchin) ba) of the 'overnment of .ri Lanka +'(.L,- when its actions are challen)ed by any individual and$or or)ani*ation/ &ame!callin)- brandishin) circulars to warn &'(s and now a draconian law to prevent them from raisin) public issues has been the modus operandi of the re)ime to curb and crush dissent/ 0he conte1t of the sudden and hei)htened attack on &'(s is also relevant/ 2ostilities between the '(.L and the L003 have ended in the decisive victory of the former over the latter/ 0here are no emer)ency laws in force and reconciliation e4orts are purportedly takin) place/ 34orts are nevertheless bein) made- to undermine the contributions of &'(s/ 5onse6uently it is time to re7ect on an important case to consider the importance of non)overnmental or)ani*ations or civil society or)ani*ations and the si)ni8cance of the contributions of &'(s- particularly at a time when those who bene8ted from 9associations: with them have chan)ed sides and lose si)ht of the value and utility of &'(. to the country at lar)e/ urin) the 199"s- .ri Lanka was di4erently poised/ 0here were insurrections in the &orth and the .outh and emer)ency laws were in operation/ As a result dissentin) points of view were sub;ect to suppression/ <et the 5ourt system was upheld and courts reco)ni*ed the value of upholdin) the Fundamental Ri)hts en;oyed by any citi*en/ A few e1amples of this sprin) to mind/ =alinda 5hanna Peiris .eneviratne- Athureliye Rathana +Ran;ith,- Ranawaka Arachchi)e Patali 5hampika Ranawaka are prominent personalities in contemporary .ri Lanka/ >n 1992 they were amon) 1? other individuals who moved the .upreme 5ourt in 1" Fundamental Ri)hts Applications- now reported in +199%,- 1 .ri Lanka Law Reports 1- alle)in) that they were detained by the Police under emer)ency laws and were tortured/ 0heir main complaint however was that the Freedom of Association which they e1ercised throu)h the Ratawesi Peramuna- a non political civil society or)ani*ation was violated/ Le)al Aid unit of 0he @ar Association of .ri Lanka +@A.L, and several other &'(s were at the forefront to protect the ri)hts of the detainees at that time and they had coordinated preparations for this case/ 0hese cases were 8led pro bono and .ri LankaAs foremost 2uman Ri)hts Lawyer =r/ R/B/C/ 'oonesekere and Attorneys!at!Law =anori =uttetuwe)ama- .uran;it 2ewamanne- =ethsiri 5oorey- L5= .warnadhipathi and D/ 5 Celiamuna represented them/ Fortunately- unlike today nobody 6uestioned the ri)ht of the 2uman Ri)hts activists and the &'(s to raise these issues before the appropriate fora/ Around the same time- another case came up in the .upreme 5ourt- when =r/ =ahinda Ra;apakse =P +now the President, was detained at the Airport for 6uestionin) when he was about to board a 7i)ht to 'eneva to make representation before E1st .ession of the Corkin) 'roup on enforced or involuntary disappearances/ 0his detention was challen)ed with =r/ R/B/C/ 'oonesekere leadin) the team of lawyers for =ahinda Ra;apakse +.ee=ahinda Ra;apakse v/ Budahetti 1992 2 .LR 22E,/ All leadin) &'(s condemned the detention of =r/ Ra;apaske/ 2owever- what is notable )iven the current environment in .ri Lanka- is that no one 6uestioned the role of civil society in support of =r/ Ra;apakshaAs visit to 'eneva/ >nterestin) back)rounds of di4erent petitioners in Ratavesi Peremuna makes it important for us to understand how an association works- outside the control of the 'overnment/ Accordin) to the case record- =alinda .eneviratne +now 3ditor of &ation newspaper and close associate of .ri Lankan efense establishment, had read Fundamental 0e1ts of =ar1ism and then became a 0rotskyite/ 2e entered umbara Fniversity but went to Fnited .tates of America on an 31chan)e to read sociolo)y at 2arvard Fniversity/ Gen/ Ratana +now a =ember of Parliament from .ihala Frumaya, was the ideolo)ical leader of the )roup/ 5hampaka Ranawaka +now a =inister and a leadin) nationalist ideolo)ist,- a founder member of Ratawesi Peramuna took an active part in anti DGP activities in the universities/ 2e wrote articles to Ravaya and Lakbima/ 2e was opposed to the )uns of both the DGP and 'overnment and wanted to prevent the youth from bein) pushed to violent politics/ 2e also had a scheme to restructure the Peramuna alon) the lines a political party/ =any other petitioners were involved with 'overnment and held key positions in various ministries/ Petitioner @andara became a 'overnor of Fva and later a =ember of Parliament from FPFA/ People chan)e but the principles do not/ 0he Ratawesi Peramuna case record speaks volumes of the importance of human values and human ri)hts/ >n deliverin) the ;ud)ment- Dustice r/ A/R/@/ Amerasin)he considered- amon) others- several leadin) decisions of F. .upreme 5ourt and made the followin) pronouncements- which is now part of our constitutional law: +a, &o person or )roup of persons- not even ma;orities- can claim to have a monopoly of )ood ideas/ =any a stran)e and sin)ular idea as in time- throu)h ar)ument and debate- had the power to )et accepted as truth/ +b, >t is beyond debate that freedom to en)a)e in association for the advancement of beliefs and ideas is an indispensable aspect of liberty/ +c, Freedom such as ri)ht to association are protected not only a)ainst obvious heavy handed frontal attack- but also from bein) smothered or sti7ed or chilled by more subtle interferences/ +d, Le)itimate a)itation cannot be considered as incitement to overthrow the )overnment unlawfully/ Chat is the situation todayH Freedom of association is under its worst threats in independent .ri Lanka- despite the attempts by state media and 9Para state propa)anda units: to deny it/ 0hose who supply ideolo)ical ;usti8cation for this )overnment +includin) some of the Petitioners in Ratawesi Peramuna and who were in fact bene8ciaries of the re)ime, will soon reali*e that they will one day need to form an association to defend themselves- independent of the state apparatus/ People chan)e but principles do not/ Probably it is time for us to remember the words of Laurence D/ Peter- 5anadian educationalist who moved into F.A and who published the famous 90he Peter Principles:/ 90he devil could chan)e/ 2e was once an an)el and may be evolvin) still:/ Posted by Thavam