Pol Pot is reported to have said once after the failure of his regime (1975-79) which killed one seventh of the population after the Khmer Rouge took power, that they were like children and did not know how to handle power. To some degree or the other, the leaders of the Asian countries during the last fifty years or so, can say the same thing. Though the degree of destruction may be different in various countries, the common experience in all the Asian countries during this time is one of destruction. The destruction has many facets, such loss of lives, like in Indonesia in 1965, India over and over again, China also on many occasions and even smaller countries like Sri Lanka and Nepal, in recent decades. What is even more important is the societal destruction.

I will examine this theme more specifically in relation to Sri Lanka, seeking also a direction by which the people can escape from such destruction and resolve some of the problems their leaders have complicated.

It is often said, that Sri Lanka, could have been a success story, instead of a chaotic country that it is now. This view is based on the consideration of the natural resources of Sri Lanka, its improved human resources and other favorable factors, such as some infrastructure like roads and electricity which had been introduced to a limited degree in the past. This approach is likely to lead to a view on the present situation as some sort of an accident. Some may try to locate what that accident is, and may even attribute it to factors as the ethnic issue, instability caused by insurgencies in the South and the North or bad economic policies of a particular government. Naturally there is also a reference to the impact of colonialism, and the adverse impact of Western powers.

What is totally missing in this discussion is the impact of the type of relationship that exists between the people and the State as the primary factor that determines the quality of society, its stability and its morale.

The extent of the interaction between the people and the State, permeates all aspects of life. Where the interaction is active and positive, it is possible to cope up with crisis and catastrophies that no nation can avoid. Where the interaction is one of alienation, passivity and negativity this very conditions become the reason for crisis and catastrophes. Beside, under such conditions every new challenge weakens the society instead of strengthening it.

Through out the entirety of the Sri Lankan history, it is difficult to find a time when the relationship between the people and State could have been said to be positive. This absence of a positive relationship is particularly evident during the medieval times followed by the colonial times.

Early History

Proximity to India brought to Sri Lanka the caste as the main structure of the social organization. Whether early Buddhism which was brought to Sri Lanka in 500 B.C. came to a country which had already assimilated caste or whether the caste exerted a fundamental influence only later, is a matter of debate. However, unlike early Buddhism in India, which was a social revolt against the existing predominant religion Brahminism, Sri Lankan Buddhism was first accepted by the King and was spread as a State sponsored religion. Thus, it did not have a disturbing effect on the status quo of the time. Therefore, the issue of equality of all persons is unknown in the ancient history of Sri Lanka.

Even the conservative historians agree that by the end of the Anuradhapura period ,caste was well rooted in Sri Lanka. In the next period known as the Polonnaruwa period, 993 to 1250 AD caste became entrenched as the main form of social stratification among the Sinhalese. Caste was also the main form of social stratification among the Tamils. The higher caste among the Sinhalese was Govigama (farmer, which really meant a landlord) and among the Tamils, was Vellala the traders.

It is often argued by the members of the upper castes, that caste in Sri Lanka is milder than in India. This is a very superficial view of caste and often adduced to defend against Western criticism or in defense of Sinhala Buddhism implying that Buddhism humanized the caste discrimination. However a closer examination of caste would show, that there is no basic difference between India and Sri Lanka on caste issue and that caste cannot be humanized.

In India the basic separation is between the Touchables and those who are not touchable. Touchables come from the three Castes: Brahmins, Khhastriyas and Vaisya and the non-touchable at the beginning was Sudras. Later the untouchbles or the total outcastes developed. The main difference of Touchable and non Touchables (Sudras and untouchables), was that the touchables were the master castes and the non touchables were the servant castes. The Sri Lankan distinction between Kuleena, meaning the higher castes, and Kulaheena meaning the low castes. The difference once again is on the basis of the master caste and the servant caste. Like in India, there was an unchangable law, which is that one is born to a caste and that no one can change it. From the point of view of the impact on individuals and society, there is no basis to make a distinction between the situation of India and Sri Lanka on this.

In both countries all power belonged to the master castes and the servant castes had no power at all. Thus, the ordinary folk in the country had a history of powerlessness. The master castes know the arrogance of power and others only know the humiliation of powerlessness. To democratize the relationship between these two social groups is almost impossible. This is so in India and applies equally to Sri Lanka.

To miss this fundamental distinction between those who had power and those who were completely denied of it, is to miss the heart of the matter regarding the failure of last 50 years and the main challenges faced for the decades to come.

Associate with power is the solidarity of the Touchables or Kuleenas. This sodality was an absolute one. Complete defense of each other was the underlying factor. Thus, all laws were to protect them. There was no question of exposing the corruption of one touchable by the other. Thus, another obstacle is placed before democracy, which is the control of wealth by certain norms and outlawing some forms of gaining wealth. Both India and Sri Lanka have failed to develop any significant measure of controlling corruption. The absence of such a system is a major obstacle to modernization and democratization. Roots of this failure go to the caste based social structure.

The solidarity of the Touchables goes also to the issue of the use of violence. All legitimate users of violence were the touchables. There was no limit to their use of violence. Torture, rape and murder was no torture, or murder so long as a touchable commits any of these acts to a person outsider their status. Any of those acts if done by Non Touchables (Kulaheenas), warranted unlimited retaliation. Wiping out entire families, or even villages were allowed and such acts were not followed by any legal consequences. Even today this pattern is repeated in Sri Lankan police stations. Torture is routine in these police stations and thousands of reports show how gruesome such torture is. While it is next to impossible to get a complaint against the powerful investigated, it is a simple matter to get even a case totally fabricated against the powerless. Times of tension show how the old patterns of repression is repeated. Both in the South and North, large numbers of people, mostly the young have been arrested and killed at every event of tension during the last fifty years, particularly the last thirty five years. What all these people who become victims of such violence have in common is that they come from poor families. Number of persons from powerful families who faced such treatment at the hand of law enforcement agencies may not even be ten. The way the police stations function in Sri Lanka pose a major threat to the development of democracy in the country..

The Colonial Period

During the colonial period, this "Kuleenas" got thoroughly integrated to the colonial system. Due to the new avenues created by colonialism, such as liqueur sales and rents. Some new comers who were "kulaheenas" did rise up, but they too acquired the "kuleena's" mind-set and attitudes. Thus, the expansion of the "kuleena" did not accompany a democratization process. The gap between the people who were powerless and the upper caste who had shared power with the colonial rulers increased. The acquiring of the language of the colonizers helped kuleenas to gain greater power over the powerless. Thus English language itself became a very powerful instrument of social control. Though British did want the English education to be opened to all even in 1832, the Kuleenas prevented it as it would strengthen the hands of the kulaheena, thus undermining the position of the Kuleenas.
When British left finally in 1948, they left power in the hands of the Kuleenas. British attempts to introduce voting were not accompanied by any plan to give a greater participatory capacity to the ordinary folk. Instead, the Kuleenas, who now called themselves the elite, could manipulate the sort of democracy that was introduced.

Though, a leftist movements sometimes calling themselves Marxists arose, they did not dare to break the boundaries between the powerful and powerless. With the Marxist rhetoric of workers revolution, they managed to avoid the pressing need for democratic reforms. Their interest in democratic institutions were limited to finding ways for their leaders to get some seats in the parliament.

However, during the last 50 years, there had been some change in the relationship between the Kuleenas and the Kulaheenas. Many of the young among the powerful group, have migrated to the Western countries and are unlikely to come back. The powerless, have acquired greater education and greater sophistication. This situation has led to conflicts: persons representing the elite groups attempted a coup in 1962,which was crushed. Studies into the coup show that the motivating factors for the coup leaders were the apprehension of the loss of their privileged places. By seventies, when more and more people from among the historically powerless were entering into educated groups on large numbers, some sections of them were manipulated into violent military politics and were mercilessly crushed in large numbers. In fact, there had not been a proper statistics even up to date. In the 1988-92 period over 30,00 people were killed after arrest in the South. During the last 20 years large number of such killings have also taken place in the North and the East.

Future

What the Sri Lankan society is driving towards is not for continuity with its caste based past but for a rapture with its past. Beginning of democracy has always called for a rupture, whether it be in France, England or the United States. What such a rupture implies is a new type of relationship between the State and the people. It means that there will not be two groups defined by birth as powerful and powerless. The basis of social relationships will be one of equality.

The initiative to effect this change, rests mainly with the people, the ones who have traditionally been powerless. They now have the capacity for effective participation. Most important part of that capacity is the will to participate. This has increased enormously. The other capacities such as skills in articulation, self-confidence and self- assertiveness have also increased.

Time has now come for folk movements, movements similar to what came to being in 18^th and 19th centuries in Denmark and other Scandinavian countries to be formed. Dalit movement in India with such leaders as Ambedkar has also developed a self-confidence building movement among the most powerless. Such movements are a dire need now in Sri Lanka.

Earlier movements were led by the elite, either from the rightwing or the left. What is need is a folk movement in which people themselves can improve their collective consciousness. This I can assure you is coming.

A major obstacles to the self expression and participation of people in Sri Lanka is the Sri Lanka Police. It is very wild institution that routinely engages in most brutal types of torture. They torment and intimidate the ordinary folk, particularly in rural and remote areas. Struggle for elimination of torture and civilizing the police force is can not de-linked from promotion of peoples participation.( attached to this paper is an annexture indication three cases of torture which demonstrates what takes place normally and routinely in Sri Lanka.)

Cease Fire and Peace Process

The contradictions mentioned above have created a violent conflict between Sri Lankan Government and the armed militants of the minority, the Tamils. The initiator of violence was the Sri Lankan State. They were the same as the ones mentioned above. The use of violence on the minority was brutal and extensive. The retaliation was also brutal, inhuman and merciless. The conflict lasted for over 20 years. This was one of the bloodiest conflicts that world has witnessed in recent decades, marked by complete lack of respect for human lives.

The conflict became a traumatic experience to everyone in the country. The children grew up hearing only about death and destruction. This painful experience has left lasting impression on the people. The determination to end it and find a lasting peace on the basis of different type of relationship with the State is today very much a part of peoples' desires. In coming to a cease-fire agreement both the Sri Lankan Government and LTTE have shown their understanding of the deep currents of desires of the people. It is the wish of the peoples that the cease-fire holds.

Next is the lasting peace. The particular agreement to guarantee the rights of the minority is one aspect of this. As far as the ordinary people are concerned, both from the Sinhala and the Tamil communities, the willingness to enter into a fundamentally a new arrangement for solving problems exist. However, without addressing some basic issues of democratization, lasting peace will not be possible.

Sri Lanka needs to pass through a period of reforms in which ordinary people's participation must be ensured. This requires a fundamental reform of the country’s justice system: the Police, the prosecutions and the judiciary. Present state of justice is commonly described as hellish. What will give meaning to peace are the justice reforms.

Thus democratization in Sri Lanka is improvement of ordinary peoples participation through peace and justice reforms.

The religion

It is in this context that the role of the religion should be located. At least for the last 10 centuries, the religions in Asia have played a very negative role as far as the people's development is concerned. Having tied its fate with the State, religions became part of the psychological apparatus of repression. When Christianity arrived, it absorbed the vices of the dominant religions existing in the region. Thus in India Christian priesthood acquired all the attributes of Brahminism. Only those persons who belonged to the touchable castes could become local priests and Bishops.

What is most important is the negative impact the religion has on people. It did not improve their self-confidence, self-reliance and self-assertion. Instead, it encouraged subordination and fear.

As country moves towards a people with greater sophistication seeking to introduce changes in the relationship they have with the State, religions that do not respect this urge of the people will be ignored. Religion is faced with the challenge for dynamic change—which is for internal reform. Change from within is essential if you wish to call others to lift up their hearts. That is the historic message to all religions in Asia.

Finally, I may sum up most important elements on which future of the country will depend

1. Ending the tradition of torture engaged in by the Police and other state agent and establishment of civilized policing system
2. Improvement of self esteem, self confidence and assertiveness among ordinary folk.

Annexture; Three cases of Torture;

Supreme Court grants leave to proceed in gruesome torture case

-- Asia Human Rights News

The Supreme Court of Sri Lanka today issued leave to proceed in a fundamental rights application alleging violations of rights under Articles, 11, 12 and 13 of the country's Constitution. The petitioner in this case is W. R. Sanjeewa, attorney at law, on behalf of S. Lalith Rajapakse. The respondents are Inspector of Police N. D. B. Attanayake, who is the officer in charge (OIC) of the Kandana police station, as well as Subinspector Peiris and Constable Wijeratne (311125), both of whom are officers attached to the same police station, and the inspector general of police and the attorney general.

The petitioner alleged that Lalith Rajapakse was taken to the hospital in an unconscious state from the Kandana police station by police officers on April 20, 2002, after being arrested two days earlier and tortured on April 18 and 19. His condition was described in the interim medical report of Dr. S. Sivakumaran, the consultant physician, after consultation with Dr. Jagath Wijesekara, as follows: "PT [patient] is making a gradual recovery. We feel most likely diagnosis [alleged] to assault due to traumatic encephalitis." The judicial medical officer's (JMO) report, which was submitted later, notes the following injuries: "healing scab abrasion 2 inches x 3 inches on the right scapular region, healing scab abrasion 1 inch x 1 inch on the back of the right elbow, healing scab abrasion 2 inches x 1 1/2 inches on the front of the right chest, contusion 2 inches x 3 inches on the back of the left hand, contusion 2 inches x 3 inches on the front of the left forearm., contusion  1 inch x 1 1/2 inches on the medical side of the left hand, contusion 1 inch x 2 inches on the lateral side of the left hand, contusion 2 inches x 2 inches on the sole of the left foot, contusion 2 inches x 1 inch on the sole of the right foot and cerebral contusion." This last injury is described as an injury which endangers life.

Lalith Rajapakse was arrested on the night of April 18, 2002, at about 10 p.m. by several police officers of the Kandana police station, including the second and third respondents. When he was arrested, he was hit with a boot by one officer on his forehead and beaten with the wooden handle of an axe on the back of his body and other parts of his body and dragged to a jeep waiting outside. He was then taken to the Kandana police station and put inside a cell. On the evening and night of April 19, several police officers hit him all over his body after he was put on a bench. He was severely hit on his soles with blunt instruments. In addition, books were placed on his head, and these books were vigorously hit with blunt instruments. He was then bathed in water. On April 20 at about 10 a.m., the grandfather of Lalith Rajapakse (the deponent of P3) found his grandson's body lying on the floor of the cell in the Kandana police station, and he appeared to be dead. His grandfather immediately sought the help of a local politician (Member of Parliament Jayalath Jayawardene) who made inquiries. Rajapakse's grandfather, when returning to the police station, was told that Lalith Rajapakse had been taken to Ragama General Hospital. At the hospital, the grandfather found the body of Lalith Rajapakse on a stretcher still in a state of apparent unconsciousness. The grandfather and mother of Lalith Rajapakse (the deponent of P2) later on April 20 learned that Lalith Rajapakse had been taken from Ragama General Hospital to Colombo National Hospital.

The petitioner further states that Lalith Rajapakse remained in a completely unconscious condition for 15 days beginning on April 20. Moreover, the petitioner states that Lalith Rajapakse began to recover slowly after this period of time and began to speak sometimes with clarity only after May 13. On May 15, Lalith Rajapakse was transferred to the remand hospital in Welikade.

The petitioner adds that the respondent, after sending Lalith Rajapakse to the hospital, had to create an explanation of how the suspect came to have these injuries. For this purpose, they opened three files, two relating to robbery charges and one attempt to resist arrest, which resulted in the police claiming that they needed to use minimum force to subdue him. Then the police officers took these files to an acting magistrate and, without producing the suspect before the magistrate, got an order to remand Lalith Rajapakse. On this basis, Lalith Rajapakse was in remand custody until May 17. On that day, when an application was made for bail, the magistrate vacated his order on the basis that the original order, made without producing the suspect, was illegal.

The petitioner stated that the grave violations under Article 11 of the Constitution amount to a grave crime under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Act No. 22 of 1994. A complaint to this effect was made to the magistrate of the Wattala Magistrate Court on behalf of Lalith Rajapakse, respectfully praying that the matter be brought to the notice of the attorney general of Sri Lanka and to be investigated and prosecuted by the special unit functioning under the attorney general for the enforcement of Act No. 22 of 1994. A lawyer has written to the attorney general to take action under Act No. 22 of 1994. A failure to prosecute the offenders under this law is a violation of the victim's right to be treated equally before the law. The court granted leave to appeal and ordered the respondents to be given notice.

The petitioner, W. R. Sanjeewa, attorney at law, personally presented the petition.