The Task Force to study the effective utilization of the concept of One Country One Law was set up by President Gotabhaya Rajapakse. He appointed Ven Gnanasara thero as the chairperson to study the concept of One Country One Law. The chair person was expected to prepare a draft Act for the said purpose and in addition was given the mandate to study the amendments and their appropriateness (prepared by the Ministry of Justice) to this subject ,and submit the proposals  to be included in the draft.

The opposition to the Task Force.

When the announcement of the chair to the Task Force was made there was opposition to the appointment on the basis of, one, its timing and two, the choice of Rev. Gnanasaara as the chair. Since the second issue is what raised vehement protest from several quarters.  This subject will therefore be dealt with first in this brief piece.

The composition of the Task Force

This country has a multi religious, multi ethnic population. Yet in the composition of the Task Force Tamils and Christians have not been given representation. Does this not make the entire composition of the Task Force flawed? Tamils have been fighting for space for their community with sections of the Sinhalese before independence and since, which finally erupted into a long war spread over nearly three decades. This war was terminated with the defeat of the Tamils (represented by the LTTE) in 2009. However ,international uproar over the atrocities committed by the state forces as well as the LTTE were brought to the attention of the public which ended in  a demand by the Human Rights Commission for  accountability from both contenders .The ill feelings have stretched over the years without conclusion. The need for reconciliation is the first step in bridging the poor relationships .Despite a few steps no genuine effort at reconciliation has been detected that satisfies both sides.

However representation has been made at international forums by Sri Lankan authorities that reconciliation is taking a positive turn within the country.  But the situation in the domestic arena appears to be different; no significant progress has been made to the mutual satisfaction of both contenders to the conflict. In this context the failure to have omitted to nominate Tamils to the Task Force seems a grave mistake.

To make matters worse the Christian constituency has no representation either. So soon after the Easter Sunday fiasco it seems difficult to comprehend how this important constituency could have been overlooked. Many are expecting to get answers to how, why and by whom the bombing occurred , while the authorities seem to have forgotten the importance of having to pacify this particular constituency.

There is yet another constituency, that of women whom the authorities have overlooked to give representation in the PTF. Women have assumed the role of change agents and have taken a decisive role in decision making. They are a force to reckon with at all times especially where choices have to be made.

 And It is an irrevocable mistake to have overlooked the minorities, both racial and religious. It is also inconceivable to have no representation for the minority in the the task force and still expect the minority constituency to accede to the decisions taken by the PTF. The Christians have to reckon with Easter Sunday killings and no agreement will be possible without answers to their queries. The Tamil minority that remained intransigent at the best of times will consider their non-representation in the Task Force an affront to the entire community.

President Gotabhaya’s response

 President in an interview with the press “has questioned the rationale for objecting to his decision to ask for Ven. Gnanasaara’s advice since the monk was continuously speaking for One Country One Law “(the Island 8th Nov 2021.) And was seen propagating the Concept for over five years. Therefore he was considered a suitable person to chair the project.

It is doubtful if the Rev. and the liberal public have the same content when referring to the concept under discussion. The argument that he campaigned for the concept will not make the campaign slogan possible, fair or acceptable to all the people.

At the moment the constitution that guides this nation has in its contents the principles of established procedure to guide men and institutions to function with consistency for the effective management of governance.  If observed stringently it will result in uniformity and fairness to all protecting the dignity of the person. Since constitutions are also expected to uphold the relationships between people and institutions it would be vital to have the making of the new constitution in all the stages open and transparent.. Nothing short of open discussion and transparency will be accepted.

Omission of women from the PTF

Not only the Tamils and Christians but women also have been omitted from the membership of the PTF mandated to decide on the nations future – the One Country One Law concept-In this present context where the problems surrounding women loom large and should be given every possible consideration it would be poor judgment to have a Task Force that fails to give representation to this important section in society. Since the war in Jaffna alone a number of women headed households are found who do not have any visible source of income. There are also widows and single women without anyone to take care of them. The non-representation will be considered an insult to gender considerations if it is not deemed essential for women to be represented in an important Task Force as this.

Objection to the appointment of Rev. Gnanasaara Thero to chair the Task Force

The opposition to the appointment of the Ven. to chair the Task Force has been widespread. One of the reasons for this is that the Reverend himself is considered a renegade from justice as he was convicted and imprisoned for contempt of court and yet on another occasion for being inebriated when driving. The former President Sirisena under the presidential powers vested in him released him from imprisonment. He had his own reasons for releasing the priest. It is imputed that the former President had hoped to get the support of the Sinhala majority to act as a wedge between him and the then PM with whom his relations were flagging.

At the best of times it would seem hilarious but certainly at all times frightening to conceive of a convicted person appointed not only to draft a new constitution but also be permitted to engage in assessing the validity of the amendments suggested by the Ministry of justice when he has no legal training at all.

Rev.  Gnanasaara Thero has further drawbacks as cited by liberal and interested individuals. He heads the Bodu Balance Sena, a racially divisive organization formed in 2012. He is also well known for his anti-Muslim stance. He has led and is known to have given leadership to many anti-Muslim violent riots and is held responsible for the destruction of many small businesses, the only livelihood of a large number of Muslims. Many of these livelihoods were destroyed as well as their places of worship, the mosques. He’s reputed to have disrupted the ethnic peace in the country.

Minority concern and timing of the Task Force

One of the Tamil leaders has claimed that the Task Force has been set up to boost the flagging popularity of President Rajapakse. This may or may not be true but it stands to reason that the need of the hour is to get the country out of the economic, social and political disasters it is facing. The Tamil leader rightfully claims that a divided country cannot face the challenges Sri Lanka is facing today. This is a very relevant consideration.

There remains also a valid consideration in the claim that the onus of maintaining cordial relationships rests with the minorities  as well. This is the only way one country one law can be applied to all. There is no doubt a significant number of the Sinhalese will be extremists and diminish the chance for amity.

It is also said that the timing of the Task Force could have been better. So many agitations are going on over diverse areas of concern to the people. The coincidence of the occurrence of coronavirus and its ill effects on the lives of people and the slow growth of the economy has also its impact on the livelihood of the people. There has been a spate of uprisings and revolts against the government.  The various agitations are ongoing and difficult to ignore .The agitation is based on matters affecting the daily lives of the people — in the agricultural sector, among students, teachers, and above all cost of living .The  lack of livelihood partly because of corona virus and partly because of poor investments to activate the economy is the reality. At this juncture people may be unwilling to respond to issues around One Country One Law.

The humble desire of many would be that this concept should not create and aggravate negative emotions. Instead should be responsible for healing and unifying the disparate ones.

Rule of Law and its aberrations

Even though the concept of One Country may take time to achieve, the rule of law is already vested in the constitution of the nation. The understanding is that everyone is equal before the law and that there can be no discrimination. But by invoking the presidential powers available to them that the presidents at different times have flawed the rule of law concept and pardoned offenders serving a jail term.

There is therefore widespread discontent with the quality of the rule of law in practice. It is questionable as to whether presidents should pardon prisoners who have been condemned to a jail term after due judicial consideration. Should they be allowed to exercise such powers?? This need be raised at the time when there is an attempt to impose the One Law concept. . Pardoning those committed to serve a term of imprisonment in prison violates the basic principle of equity in the legal system.

How will the Rev uphold the judicial system under the new concept of one law when he himself has been a recipient of biased dispensation of justice breaking the concept of equality to all before the law. Rule of law is an integral part of our constitution where established principles for the dispensation of justice are cited. How can these principles be upheld under such situations where political favourites are treated differently? The power of truth has to override all other considerations and the need to establish principles of fairness and justice for the progress of society has to be rooted in the system. The amendment to the constitution permitted the possibility of presidential pardon. Unless and until this is removed equality before the law will not be a feasible concept. Rule of law cannot prevail under these circumstances. Forget about One Law concept.

The Reverend’s explanation.

The Rev. Says in an interview ‘that they are not tasked to draft laws. We are to ascertain whether the public needs had been addressed through the prevailing system by looking at them in a different and practical angle. We are not expected to look at things the way how legal experts do.’- Island 2nd Nov 2021-will an independent study be possible by the monk with the baggage he carries?

He also said that none should be discriminated on the basis of his or her race, religion, caste or any other factor.

The above does seem a little dodgy to accept because he is out on presidential pardon. How many convicts can seek such relief?

If citizens can place the country above ethnicity, religion or political affiliation the PTF would be receptive to them.  True statement .The validity of this statement will not take long to be tested. They fact that Tamils, Christians and women have been excluded from representation makes the above statement suspect.

He is reaching out to the youth by stating that they are an affected group and therefore they need a special place in the process.

We have to wait and see how the PTF works.