Ideological extremism, precursor to terrorism:
Sri Lanka needs criminal laws to check terrorist activities- Prof.
Rohan Gunaratna
By Manjula Fernando
I n the backdrop of disturbingly frequent divisive comments and
speeches made by certain TNA MPs in Parliament and during campaigns in
the Northern Province, calling for the celebration of LTTE martyr days,
a separate national anthem for the Northern Province and attempts at
glorifying terrorist leaders, the Sunday Observer interviewed
international terrorism expert and Head of International Centre for
Political Violence and Terrorism Research at Nanyang Technological
University in Singapore, Prof. Rohan Gunaratna for his views on these
developments.
While proposing that Sri Lanka must draft a new law which is similar
to the anti-Nazi law in Germany, to fight ideological extremism, since
the existing law is inadequate Prof. Gunaratna said the Government must
not fear international wrath to arrest, charge and prosecute whoever
that may support a terrorist cause, be it a TNA member or any other.
“It was a mistake the Government made to permit either family members
of terrorists or terrorist supporters to contest elections. By doing so,
they are spreading the terrorist ideology once again,” he said.
Excerpts of the interview:
Q: TNA MP Sritharan made a speech in Parliament recently
glorifying the LTTE, a ruthless terrorist organisation banned in over 30
countries including Sri Lanka. The MP seems to have taken a cue from
Tamil Nadu politicians who have spruced up their LTTE support campaign
lately, emboldened by a supposedly a weak Centre. There is also a call
for a Tamil national anthem for the Northern Province. What are your
views on these developments?
A: Sri Lanka should develop a law, similar to the law enacted
in Germany after the defeat of Nazism. Sri Lanka needs a law that
criminalises hate speech in public, display of terrorist insignia, and
commemoration of terrorist events. It should be an offence to promote,
instigate, agitate and glorify ideological extremism and terrorism
directly and indirectly.
A few TNA politicians have made comments against the National Flag,
National Anthem and the Central Government. In their pursuit to make
internal issues international, the TNA politicians have addressed events
organised by LTTE front, cover and sympathetic organisations in Tamil
Nadu in India, Australia, UK, continental Europe and in Canada. Some
have established contact and received money from the same organisations
and individuals that have funded terrorism in Sri Lanka. The new law
should be robust enough to investigate, charge, arrest and prosecute
them. The Government should act as these elements have been acting
against the Constitution, both within and outside Sri Lanka.
Fund-raising activities
Q: MP Sritharan is not the only Sri Lankan politician with
alleged LTTE links. Can you name the others who either support,
sympathise or attend Tiger memorial services, fund-raising activities or
meetings in other countries?
A: The Sri Lankan Government should respond decisively to
anyone seeking to glorify terrorist criminals. Otherwise, terrorism will
re-emerge and the unity of Sri Lanka will be threatened again. A vast
majority of Sri Lankans - Sinhalese, Tamils and Muslims - cannot afford
to have a revival of violence because of a few who cannot get over the
end of terrorism and the return of peace. The terrorists and their
supporters are like pick-pockets. If there are gaps and loophole in the
law, they will exploit it to spread extremist ideas that will lead to
disharmony.
A few LTTE supporters have joined the Northern Provincial Council.
For example, the Chavakachcheri Urban Council, in November, passed a
resolution proposed by Councillor P. Sritharan and seconded by
Councillor Kishore. They should be investigated for LTTE links and if
there is any evidence, they should be charged and prosecuted. Some TNA
politicians are engaged in advocating, supporting and participating in
terrorist activities. Braving international pressure, the Government
should have prosecuted them immediately after the conflict ended in May
2009.
It was a mistake the Government made to permit either family members
of terrorists or terrorist supporters to contest elections. By doing so,
they are spreading the terrorist ideology once again. If the Government
does not act responsibly, the TNA will radicalise and militarise another
generation of youth. By permitting the TNA, an LTTE proxy, to contest,
mainstream Tamil leaders were deprived of coming to power. The Sri
Lankan national parties should recruit educated and respectable Tamil
leaders and groom them for leadership.
Q: Although the military face of the LTTE was crushed by the
Sri Lankan Forces more than four years ago, remnants of the terror
organisation still thrive elsewhere. In this light, should the
Government take the recent domestic political ripples seriously?
A: The LTTE should be dismantled irrespective of geography.
The LTTE remnants are operating through front, cover and sympathetic
groups overseas and should be dismantled for three reasons. First, they
are putting pressure on Tamil politicians in Sri Lanka to revive the
LTTE agenda of separatism. Second, they are politicising and
radicalising Tamils living overseas to support their agenda. Third, they
are exercising constituency pressure in host countries through funds and
votes. To create a distorted picture of Sri Lanka, they are providing
misinformation and disinformation to foreign politicians and their
political parties.
Just like how the US, India, Canada and the EU proscribed the LTTE
and its affiliates, the Sri Lankan Attorney-General's Department should
proscribe the LTTE fronts; TGTE, GTF, TCC, TYO and TRO. This will deter
some ordinary Tamils from supporting and LTTE activists from continuing
their activity overseas. Once these terrorist affiliates are
criminalised, most Tamils will distance themselves from these groups.
As the TNA/LTTE is allegedly operating together, the Government
should act against extremism and its vicious byproduct - terrorism.
Against the law
Q: Despite the LTTE being a banned outfit in the country, the
TNA members seem to be at liberty to show solidarity with the group or
its ruthless leader, V. Prabhakaran, and in no other place than the
Parliament. Isn't it against the country's law?
A: The Sri Lankan Government, the political Opposition, and
those concerned with the future of Sri Lanka should ensure that the
Parliament is not exploited to disseminate terrorist propaganda. It is
not only an insult to every Parliamentarian, the Government and
Opposition, but to every family who sacrificed a father, a brother or a
son to end terror and violence in Sri Lanka. One must not forget that
the TULF, the predecessor of the TNA, also used the Parliament to spread
its hate propaganda. The law must apply to all. Even if a
Parliamentarian engages in extremist and terrorist support activity, the
Government should take decisive action.
Q: If you were to assess the strength of the LTTE, have you
proof to say that they have grown or withered significantly since May
2009? Is the outfit still scattered as it used to be or getting
reorganised to pose a threat to Sri Lanka again?
A: The LTTE in Sri Lanka has been totally dismantled, but they
are rebuilding a significant presence in India with the help of Tamil
Nadu's pro-LTTE politicians such as Seeman and Vaiko. Although an LTTE
training cell manufacturing IEDs (Improvised Explosive Devices) was
disrupted by Tamil Nadu authorities, the Indian government lacks the
will, in an election year, to take decisive action against pro-LTTE
politicians in Tamil Nadu. Furthermore, the LTTE international network
is reorganising itself in the West with hubs in Canada and the UK.
Sri Lankan Tamil diaspora attitudes, opinions and behaviour are
constantly changing. About 90 percent of the Tamil migrants and diaspora
distanced themselves from the LTTE immediately after the group's defeat.
Prior to May 2009, the LTTE had territorial control in the North and the
East and the relatives of Tamils were within the LTTE's reach. While a
small percentage of radicalised Tamils voluntarily contributed, the LTTE
extorted funds from most Tamils living overseas. The LTTE used implicit
and explicit as well as collateral coercion from Sri Lankan Tamils
overseas. Most of them are foreign citizens now and they are helping
their relatives to migrate and join them in those countries. Most of the
earlier migrants travel to Sri Lanka on vacation annually and they do
not want to be blacklisted by participating in LTTE activities overseas.
Today, the LTTE international network is a shadow of what it was, but
it is ‘struggling’ to reorganise itself. The key difference then and now
is that the LTTE today is focusing on lobbying Western politicians and
political parties, human rights NGOs and international organisations,
especially the UNHRC. LTTE leaders who raised funds to buy weapons now
portray themselves as human rights activists! In three-piece suits, they
lobby governments, NGOs and international organisations.
The Sri Lankan Government should identify influential leaders and
members of the LTTE international network and engage them. They should
be given the option of rejecting the LTTE and embracing change by
engaging in democratic politics. If they persist in continuing with LTTE
activities, the Government should work with host law enforcement and
intelligence to bring them home. The continuity of an active or dormant
LTTE presence overseas poses an immediate, mid- and long-term national
security threat to Sri Lanka.
Facing new challenges
Q: How should the Government face these new challenges in the
political front? You once told the Sunday Observer that the pro-LTTE TNA
MPs should be arrested and rehabilitated.
A: The Sri Lankan Government should develop a strategic plan
to develop a permanent solution against separatism.
As expected, the Provincial Council system imposed by the
Indian-crafted 13th Amendment has damaged the ethnic relationships
forged between the North and the South. The TNA, like the LTTE, is not
interested in reconciliation or harmony! The Government should abolish
the 13th Amendment! Its continuity is unhealthy for Sri Lanka because
the TNA is continuing to radicalise the Tamil youth. The Indian model is
a glaring failure and does not suit Sri Lanka!
The devolution of power in the periphery should be replaced with
devolution of power in the centre. For instance, the President can
appoint a Tamil or a Muslim as Prime Minister. Similarly, the Government
can appoint several Tamils and Muslims to the Cabinet, in permanent
secretary and service commander posts.
In addition, the Government should integrate the communities and
build a Sri Lankan identity. Today, 30 percent of Sri Lankan Tamils live
outside the North and the East, and only 44 percent live in the North.
With Upcountry Tamils, the percentage living outside the North and the
East is 49 percent.
The process of integration should continue. Sri Lanka is a small
country and no government genuinely committed to stability should permit
the creation of ethnic or religious enclaves. It is in such enclaves
that ethnic and religious passions, prejudice, suspicion and violence
emerge.
Q: Do you think a nominal proscription of the LTTE will keep
them and their support base here at bay? After a mere four years, the
LTTE supporters within Sri Lanka seem to have gathered forces and become
disturbingly outspoken. Do you have suggestions for new laws that will
complement the existing law ?
A: The Prevention of Terrorism Act (PTA), modelled on the PTA
of the United Kingdom, must remain. The PTA will also be a deterrence.
However, the PTA is not designed to fight ideological extremism, the
‘precursor’ to terrorism.
To effectively prevent, deter and respond to the current and emerging
wave of ideological extremism, the Government should develop a ‘Harmony
Act’. Such an Act can fight communal extremism and religious
sectarianism, twin challenges now facing Sri Lanka. The Government must
not wait until a terrorist attack or a riot to deter the spread of
either separatist or sectarian ideologies. Proactively, the Government
should take steps to control and contain and, if necessary, take action
against those who spoil peace in the island.
The Government should also de-register mono-ethnic and mono-religious
political parties as they do not represent the Sri Lankan ideal. If the
Sinhalese vote only for Sinhalese politicians, Tamils only for Tamils
and Muslims only for Muslims, there will be no united Sri Lanka. The
Government should restructure the electoral system to ensure that ethnic
and religious politics have no future in Sri Lanka. Until the threat of
separatism from the unreformed TNA and LTTE overseas actors exist, the
security platform in the North and the East should continue.
South African model
Q: The Government seems to be looking at a reconciliation
model on the lines of South Africa's Truth Commission. Is this the ideal
model for Sri Lanka?
A: Every country should develop its own solution to address
its challenges. Certainly, the Government has and can learn from some
aspects of the South African experience. However, one should not
transfer the South African model to Sri Lanka because Sri Lanka's
socio-economic, political and cultural environment and conditions are
very different to those of South Africa and it will not work.
In South Africa, there was institutionalised racism which was never
the case in Sri Lanka. At the height of the fight against the LTTE in
Sri Lanka, there was a Tamil foreign minister, a Tamil Police Chief and
a Tamil chief justice. While the South African model is based on what
happened in South Africa, the Lessons Learnt and Reconciliation
Commission (LLRC) is based on the Sri Lankan experience. The situations
and conditions are unique!
If the South African model is imposed here, it will not work! It will
be like India imposing the 13th Amendment, leading to the Provincial
Councils generating even more racism. The LLRC provides a good road map
and it should be fully implemented. The Sri Lankan Government should
invite South Africans to visit and study the progress on the LLRC. South
Africa itself will benefit by studying not only the LLRC, but also Sri
Lanka's rapid de-mining, resettlement of displaced persons, terrorist
rehabilitation and the socio-economic development programs in the North
and the East.
Q: How would you describe the new Chief Minister of the
Northern Provincial Council (PC) and some of his comments which clearly
contradict those expressed by some TNA MPs?
A: The new Chief Minister of the Northern PC has a great
opportunity to make a difference. Educated in Colombo and with family
ties to Sinhalese, more than anyone else, the Chief Minister knows that
there is no ethnic conflict, but only ethnic politics in Sri Lanka. He
knows from personal experience that a vast majority of Sinhalese, Tamils
and Muslims are not racists. He should try to reform the TNA from an
LTTE proxy to a party that no longer worships Prabhakaran and suicide
bombers! At this point, the Chief Minister must expel LTTE worshippers
from the party and educate the Tamil public that their leaders had led
them astray and that they must learn to live in a multicultural society.
Operating under severe pressure, both from the Government and the
TNA, the Chief Minister is having a hard time. The TNA MPs, instigated
and inspired and now funded by the LTTE, are challenging him. Some
racist elements of the TNA are undermining him.
The LTTE elements serving the PC should be counselled that the
Prabhakaran era is over and that they must learn to live in a diverse
society.
Finally, he must work on the sentiments of the Tamils who suffered
during terrorism. Rather than asking them to plant trees on LTTE martyrs
day in November, he should ask them to mourn their dead on the day they
died! In that light, the PC should start to work in partnership with the
Government and build a bridge between the people of the North and the
South.
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German law
Reference to defamation of the State and its
symbols, Paragraph 90a of the German law states:
(1) “Whosoever publicly, in a meeting or through
the dissemination of written materials
[Section11(3)]
1. Insults or maliciously expresses contempt of the
Federal Republic of Germany or one of its states or its constitutional
order; or
2. Insults the colours, flag, coat of arms or the
anthem of the Federal Republic of Germany or one of its states shall be
liable to imprisonment not exceeding three years or a fine.
(2) Whosoever removes, destroys, damages, renders
unusable or defaces, or otherwise insults by mischief a publicly
displayed flag of the Federal Republic of Germany or one of its states
or a national emblem installed by a public authority of the Federal
Republic of Germany or one of its states shall incur the same liability.
The attempt shall be punishable.
The penalty shall be imprisonment not exceeding
five years or a fine if the offender by the act intentionally supports
efforts against the continued existence of the Federal Republic of
Germany or against its constitutional principles.”
Reference to anti-constitutional defamation of
constitutional organs, Paragraph 90b states:
(1) “Whosoever publicly, in a meeting or through
the dissemination of written materials (Section 11(3)) defames a
constitutional organ, the government or the constitutional court of the
Federation or of a state or one of their members in this capacity in a
manner detrimental to the respect for the state and thereby
intentionally supports efforts against the continued existence of the
Federal Republic of Germany or against its constitutional principles,
shall be liable to imprisonment from three months to five years.
The offence may only be prosecuted upon the
authorisation of the constitutional organ or member affected.”
Reference to terrorist support networks overseas,
Paragraph 129b states:
“Criminal and terrorist organisations abroad;
extended confiscation and deprivation
(1) Section 129 and Section129a shall apply to
organisations abroad. If the offence relates to an organisation outside
the member states of the European Union, this shall not apply unless the
offence was committed by way of an activity exercised within the Federal
Republic of Germany or if the offender or the victim is a German or is
found within Germany. In cases which fall under the 2nd sentence above,
the offence shall only be prosecuted on authorisation by the Federal
Ministry of Justice. Authorisation may be granted for an individual case
or in general for the prosecution of future offences relating to a
specific organisation. When deciding whether to give authorisation, the
Federal Ministry of Justice shall take into account whether the aims of
the organisation are directed against the fundamental values of a state
order which respects human dignity or against the peaceful coexistence
of nations and which appear reprehensible when weighing all the
circumstances of the case.
Section 73d and Section 74a shall apply to cases
under Section 129 and Section 129a, in each case also in conjunction
with Subsection (1) above.”
Reference to incitement of hatred against Germany,
Paragraph 130 states;
(1) “Whosoever, in a manner capable of disturbing
the public peace,
1. Incites hatred against segments of the
population or calls for violent or arbitrary measures against them; or
2. Assaults the human dignity of others by
insulting, maliciously maligning, or defaming segments of the
population, shall be liable to imprisonment from three months to five
years.
(2) Whosoever,
1. With respect to written materials (Section
11(3)) which incite hatred against segments of the population or a
national, racial or religious group, or one characterised by its ethnic
customs, which call for violent or arbitrary measures against them, or
which assault the human dignity of others by insulting, maliciously
maligning or defaming segments of the population or a previously
indicated group
(a) Disseminates such written materials;
(b) Publicly displays, posts, presents, or otherwise makes them
accessible;
(c) Offers, supplies or makes them accessible to a person under eighteen
years; or
(d) Produces, obtains, supplies, stocks, offers,
announces, commends, undertakes to import or export them, in order to
use them or copies obtained from them within the meaning of Nos (a) to
(c) or facilitate such use by another; or
2. Disseminates a presentation of the content
indicated in No 1 above by radio, media services, or telecommunication
services shall be liable to imprisonment not exceeding three years or a
fine.
(2) Whosoever publicly or in a meeting approves of,
denies or downplays an act committed under the rule of National
Socialism of the kind indicated in Section 6 (1) of the Code of
International Criminal Law, in a manner capable of disturbing the public
peace shall be liable to imprisonment not exceeding five years or a
fine.
(3) Whosoever publicly or in a meeting disturbs the
public peace in a manner that violates the dignity of the victims by
approving of, glorifying, or justifying National Socialist rule of
arbitrary force shall be liable to imprisonment not exceeding three
years or a fine.
(4) Subsection (2) above shall also apply to
written materials (Section 11(3)) of a content such as is indicated in
Subsections (3) and (4) above.
In cases under Subsection (2) above, also in
conjunction with Subsection (5) above, and in cases of Subsections (3)
and (4) above, Section 86(3) shall apply mutatis mutandis.”
Libel and Slander
“Paragraph 185
Insult
An insult shall be punished with imprisonment not
exceeding one year or a fine and, if the insult is committed by means of
an assault, with imprisonment not exceeding two years or a fine.
Paragraph 186
Defamation
Whosoever asserts or disseminates a fact related to
another person which may defame him or negatively affect public opinion
about him, shall, unless this fact can be proven to be true, be liable
to imprisonment not exceeding one year or a fine and, if the offence was
committed publicly or through the dissemination of written materials
(Section 11(3)), to imprisonment not exceeding two years or a fine.
Paragraph 187
Intentional defamation
Whosoever intentionally and knowingly asserts or
disseminates an untrue fact related to another person, which may defame
him or negatively affect public opinion about him or endanger his
creditworthiness shall be liable to imprisonment not exceeding two years
or a fine, and, if the act was committed publicly, in a meeting or
through dissemination of written materials (Section 11(3)) to
imprisonment not exceeding five years or a fine.”
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