This week, poet Ahnaf Jazeem, a former victim of Sri Lanka’s draconian terrorism law, filed a petition in the Supreme Court challenging the government’s proposed new Anti-Terrorism Bill. This new law is to replace the existing Prevention of Terrorism Act (PTA), which, since its enactment in 1979 by former President J.R.Jayawardena government, was extensively used by successive governments against Tamil and Muslim youth and political opponents in the North and South of the country, to kidnap, detain, torture and kill and remand for years without trial.
Jazeem pleads from court a declaration “that the Bill in its entire content, is antidemocratic, infringes the foundational democratic fabric of the society and the democratic aspirations of the Sri Lankan people, and therefore unconstitutional, and lacks fundamental qualities required of a law for the same to be placed for approval by legislators even with a two third majority, and does not meet the threshold of democratic quality required to qualify it to be placed before the people to be approved by the People at a referendum.” The mechanism referred to here is how even “unconstitutional” laws are passed as law under the constitution of the island. Jazeem, contrary to almost all other petitioners, have refused to enforce this anti-democratic procedure.
Ahnaf Jazeem
Jazeem is the eldest son of a Muslim family of five children of a poor farmer and day-labourer, residing in Mannar, some 300Km North to the capital Colombo. He is the author of Tamil poetry anthology, Navarasam [nine moods] published in 2017. After graduation he was employed as a Tamil Language teacher. On May 16, 2020, Jazeem was arrested by the Police Counter-Terrorism and Investigation Division (TID) allegedly on the suspicion of having “published books on and taught his students ‘extremism’ and ‘racism”. He was then wrongfully detained under the orders of ousted President Rajapaksa for thirteen months, during which period he was subjected to severe physical and mental torture including being cuffed to a table day and night continuously for five months, and forced to record a self-incriminating statement.
Incarcerated in remand custody thereafter, Jazeem was granted bail in mid June 2021 on strict conditions. The case against him on a false charge of ‘indoctrinating’ his students under the PTA concluded with Jazeems’s acquittal in December last year, without even requiring to call proof in his defence. His freedom was secured by mass support he gathered from around the world. He is yet arbitrarily listed as a designated person, who the government believes “commit or attempt to commit, participate in or facilitate the commission of, terrorist acts”, by the Ministry of Defence.
The petition states that it is with this personal experience of being a victim of the existing terrorism law that Jazeem is challenging the proposed law. Jazeem was prosecuted as part of the racist anti-Muslim witch-hunt of the then Sirisena-Wickremasinghe government and then of the Rajapaksa government.
The proposed law will apply within or outside the territorial limits of Sri Lanka. The government commits to “protect other sovereign nations and their people from the scourge of acts of terrorism”, which lays down the readiness of the Sri Lankan ruling class to support imperialism and states of the type of Zionist Israel, so that any agitation by the people against such support of war by the government will be declared unlawful and as an act of “terrorism”.
Any person, who commits any act or illegal omission specified in the law, with the intention of (a) “intimidating” the public or a section of the public; (b) wrongfully or unlawfully “compelling” the Government of Sri Lanka, or any other Government, or an international organization, to do or to abstain from doing any act; or (c) propagating war or, “violating” territorial integrity or “infringement” of sovereignty of Sri Lanka or any other sovereign country, commits the offence of “terrorism”. This definition of terrorism is overly broad and could easily be used against political dissent.
Number of other clauses in the Bill that define offences “are overly broad, and draconian and will have ripple and chilling effect on the democratic fabric of the society and upon the democratic rights of the people of the country, especially the working people, the marginalized, ethnic minorities, the political dissidents hostile to government austerity policies and to freedom of expression and journalism,” the petition states.
Punishments for the offences under the law reach upto twenty years of imprisonment to life sentence.
The law also proposes unprecedented powers to the executive President and administrative officers in respect of detention, rehabilitation and laying down regulations in respect of the offences.
Under Clause 31 (1)(b) of the Bill, a detention order sought by the Inspector General of Police (IGP) or any officer not below the rank of a Deputy Inspector General of Police authorised by the IGP could be issued by the Secretary to the Ministry of Defence. Under PTA, it is the Minister who has this power. This removes all authority of a Magistrate to review the justification for the deprivation of liberty, and that too for a minimum period of 2 months, extendable to a maximum period of one year.
The law will alarmingly enable a police officer together with a Deputy IGP to remove a suspect from under judicially supervised custody to executive controlled custody (administrative detention), without establishing the commission of an offence, and in any event, even if an offence had been committed, by merely reporting an allegation.
The law will legitimize an existing practice whereby persons in detention are compelled by the Attorney General (AG) to accept ‘rehabilitation’ which in effect is a form of punishment without finding of guilt. The danger is that an executive office, the AG, is empowered to compel a person into acceptance of or impose a penalty without proving guilt. The President is empowered to specify places of detention.
Under clause 79 of the Bill, the President will be empowered to designate any organization as a proscribed organization, which power could be used against opponent non-governmental organizations, trade unions, action committees, political parties, media institutions and persons.
These egregious provisions of this law will also enable the President, after an application is made to the High Court by the AG and court stamp is obtained, to issue “restriction orders” against a person who has committed or is preparing to commit an offence stipulated in the law. The President, on the recommendation made by the IGP or the Commanders of armed forces may also designate any public place to be a “prohibited place”.
These powers will strengthen the already dictatorial powers of the president and create conditions for a police state.
President Ranil Wickremesinghe. (Image courtesy of island.lk)
The capitalist ruling class is amassing its armory against the working class: including the Public Security Ordinance, ICCPR Act, the colonial Penal Code, Establishment Code, Essential Public Services Act, Bureau of Rehabilitation Act and some other laws. Yesterday (24), the Parliament passed another historically unprecedented repressive law, the Online Safety Act (OSA), to block internet freedom, social media activity and largely freedom of expression of any sort. The government is now able to declare, through a commission, what is “true” or “false” on its own and arrest, detain and prosecute anyone who states otherwise.
President Wickremasinghe’s government is committed to implementing harsh austerity measures dictated by the International Monetary Fund (IMF) on the shoulders of the working people and the oppressed. His government is extremely discredited, and even has no popular mandate, as his predecessor was ousted by mass struggles in April-July 2022. New laws and repressive measures like “Yukthiya”, a mass intimidation campaign in the guise of “war against drugs”, yet a lighter version of the Duterte-type, are being used against striking workers, demonstrations and student protests.
Wickremasinghe effectively declared war on the working people just as he was parachuted to the presidency in a constitutional coup through the Parliament, an institution utterly hated by the People. The working people are faced with a social counter-revolution. Defending democratic rights and the fight against austerity need the mass mobilization of its class, around their own rank-and-file organizations, across ethnicities and trades, nationally and internationally, to usurp political power to re-arrange the society on socialist lines.
Statement of the WSWS International Editorial Board
We post below the First Part of the Statement of the World Socialist Web Site International Editorial Board, published in WSWS.org on January 03, 2024. The statement contains four parts. Please access here Part Two, Part Three and Part Four. We, theSocialist.LK endorse this statement in its entirety and invite our readers to carefully peruse it and grasp it for actions ahead.
A bulldozer unloads the bodies of Palestinians killed by Israel in a mass grave in Rafah, Gaza Strip, Tuesday, Dec. 26, 2023. [AP Photo/Fatima Shbair]
1. New Year 2024 begins under conditions of escalating international crisis. At the dawn of the millennium, there were rosy predictions that world capitalism, under the benevolent and “unipolar” rule of the United States, was entering a new epoch of universal peace and prosperity. With the dissolution of the Soviet Union, the demons of the “short twentieth century”—above all, the specters of Marxism and socialist revolution—had been buried for once and for all. Wall Street cried out to the world: “My name is Capitalism, King of Kings. Look on my works ye Mighty and despair!” But it has taken less than a quarter-century to dissolve that arrogant boast into a colossal wreck. The new century of triumphant capitalism has proven to be the shortest of all. The fundamental contradictions of the world capitalist system that produced the wars and revolutions of the twentieth century have not been resolved and remain the driving forces of the intensifying economic, social and political upheavals that are sweeping across the globe.
2. The horrors produced by the cataclysms of the past century are being reenacted. Genocide is being openly adopted as an instrument of state policy. The attempt by the Israeli regime to exterminate the Palestinian people in Gaza proceeds with the open endorsement of the United States and its imperialist allies, which have repeatedly proclaimed their opposition to a cease-fire. A densely populated urban area is being subjected to a merciless bombardment that has killed more than 25,000 people, mostly women and children, within the first 10 weeks of the war.
3. The fascist prime minister of Israel, Benjamin Netanyahu, declared in his New Year’s message that the onslaught will continue throughout 2024. Israel could not continue the war another week, let alone a year, without the unlimited financial and military support of the United States and its NATO co-criminals. The US president, secretary of state, countless other high government officials and top Pentagon personnel shuttle back and forth between Washington and Tel Aviv, overseeing the Israeli operations and participating in the selection of bombing targets. It is an open secret that US and NATO personnel are directly involved in murderous actions on the ground within Gaza.
4. The sanctioning of and participation in genocide represent more than the imperialist powers’ usual violations of their invocations of human rights. The Gaza genocide confirms, on a higher level, a tendency first noted by Lenin in the midst of World War I, more than a century ago. He wrote in 1916 that “the difference between the democratic-republican and the reactionary-monarchist imperialist bourgeoisie is obliterated because they are both rotting alive…” Substitute the term “fascist” for “reactionary-monarchist” and Lenin’s analysis is entirely valid as a description of present-day imperialist regimes.
5. The Gaza genocide is not a unique episode, best understood as a product of exceptional circumstances related to the Israel-Palestinian conflict and the inherently reactionary character of the Zionist project and its racialist and xenophobic-nationalist ideology. The latter elements play, of course, a significant role in the actions of the Israeli regime. But the unrestrained ferocity of the present war, carried out with the full support of its imperialist paymasters and weapons suppliers, can be understood and explained only in the context of the breakdown of the world imperialist and nation-state system.
6. The fundamental “error” of the strategists of American imperialism in the aftermath of the dissolution of the Soviet Union was that the event was explained in purely ideological terms, that is, as the triumph of capitalist “free enterprise” over socialist “dictatorship.” But this explanation, based on the false identification of Stalinism with socialism, concealed the real cause of the breakdown of the Soviet Union and its implications for the future development of American and world imperialism.
7. Notwithstanding its tragic consequences, the dissolution of the USSR confirmed the essential Marxist-Trotskyist critique of the Stalinist policy of “socialism in one country.” The reactionary nationalist utopia of an isolated socialist state fell victim, as Trotsky had predicted, to the reality of world economy.
8. The end of the USSR provided the United States a short-term advantage over its rivals, which its propagandists dubbed the “unipolar moment.” But the fundamental contradiction that led to the two world wars of the twentieth century—the conflict between the objective reality of a highly integrated world economy and the persistence of the obsolete nation-state system—had not been resolved by the demise of the USSR and its satellite regimes in Eastern Europe.
9. The United States sought to exploit its geopolitical advantage to achieve a level of global domination that had been denied to it in the aftermath of World War II as a consequence of the decisive role played by the Soviet Union in the defeat of Nazi Germany and the post-World War II wave of anti-colonial mass movements. Washington convinced itself that it could finally reorganize the world economy under its control through its military power. US imperialism’s favorite pundit, Thomas Friedman of the New York Times, proclaimed in 1999 that “the hidden fist that keeps the world safe for Silicon Valley’s technologies is called the United States Army, Air Force, Navy and Marine Corps…”[1]
10. The endless series of wars launched by the United States—in the Balkans, the Middle East and Central Asia—was a desperate attempt to maintain its dominant position, despite its overall economic decline. The International Committee explained the motivation for the 2003 invasion of Iraq and foresaw the failure of its underlying hegemonic project:
The launching of an aggressive war against Iraq represents a final, climactic attempt to resolve, on the basis of imperialism, the world historic problem of the contradiction between the global character of the productive forces and the archaic nation-state system. America proposes to overcome the problem by establishing itself as the super nation-state, functioning as the ultimate arbiter of the world’s fate—deciding how the resources of the world will be allocated, after it has grabbed for itself the lion’s share. But this sort of imperialist solution to the underlying contradictions of world capitalism, which was utterly reactionary in 1914, has not improved with age. Indeed, the sheer scale of world economic development in the course of the twentieth century endows such an imperialist project with an element of madness. Any attempt to establish the supremacy of a single national state is incompatible with the extraordinary level of international economic integration. The profoundly reactionary character of such a project is expressed in the barbaric methods that are required for its realization.[2]
11. The Gaza genocide epitomizes the “barbaric methods” arising from the increasingly desperate and beleaguered effort of the United States and its NATO allies to sustain their dominant position in the face of the challenge posed to their hegemony by China and recalcitrant national states whose interests conflict with Washington’s “rules-based” imperialist order. The slaughter of the Palestinians is unfolding in the midst of the bloody US-NATO proxy war against Russia, which has cost since its outbreak in February 2022 approximately a half-million Ukrainian and, at least, 100,000 Russian lives.
12. As the war in Gaza has normalized genocide as an acceptable instrument of imperialist policy, the relentless escalation of the US-NATO war against Russia has been accompanied by the de facto acceptance of a high level of possibility, even probability, that the conflict may lead to the use of tactical and strategic nuclear weapons. The Biden administration regularly sanctions and directs military attacks on Russian assets and territory that would have been ruled out during the Cold War as inciting nuclear retaliation. Repeatedly crossing “red lines,” the Biden administration and its allied NATO governments have asserted that their conduct of military operations will not be constrained by the threat of nuclear war.
13. Despite bleeding Ukraine white, US-NATO imperialism has failed thus far to achieve victory on the battlefield. Its much vaunted “spring offensive” in mid-2023 ended in a debacle. In the final days of 2023, the Ukrainian regime carried out a significant escalation of the war by launching a missile attack on Russian soil, killing at least 22 people in the city of Belgorod. Russia has responded with a new wave of missile attacks on Ukraine, which the Biden administration is exploiting to press its demands for continued unlimited funding of the proxy war.
14. In the final analysis, the US-NATO instigation of the proxy war in Ukraine marks nothing less than preparation for a US war against China, transforming every part of the world into a specific sphere of operations. Nearly 20 years ago, in 2006, the International Committee posed a series of questions related to the global policies of the United States, among which were the following:
Will the United States be prepared to retreat from its hegemonic aspirations and accept a more egalitarian distribution of global power among states? Will it be prepared to yield ground, on the basis of compromise and concessions, to economic and potential military competitors, whether in Europe or in Asia? Will the United States graciously and peacefully accommodate the rising influence of China?[3]
Responding to these questions, the ICFI replied that those who would answer in the affirmative “are placing heavy bets against the lessons of history.”
15. Today, the answers to these questions are not of a speculative character. War between the United States and China is viewed not as a possibility, but as an inevitability. This consensus within Washington’s foreign policy establishment is summed up in an essay published in the new January-February 2024 issue of Foreign Affairs. It is ominously titled, “The Big One: Preparing for a Long War With China.” Its author is Andrew J. Krepinevich, Jr., a senior fellow at the Hudson Institute, a leading imperialist think tank.
16. The essay assumes that the United States and China will go to war. It is a fact taken for granted, about which one should not waste time debating. The real questions relate to how and where the war will start—in the Taiwan Strait, the Korean Peninsula, along the Sino-Indian border, or in South Asia—and whether the war will go nuclear. Krepinevich states:
Once a war has broken out, both China and the United States would have to confront the dangers posed by their nuclear arsenals. As in peacetime, the two sides would retain a strong interest in avoiding catastrophic escalation. Even so, in the heat of war, such a possibility cannot be eliminated. Both would confront the challenge of finding the sweet spot in which they could employ the force to gain an advantage without causing total war. Consequently, leaders of both great powers would need to exercise a high degree of self-control.
To keep the war limited, both Washington and Beijing would need to recognize each other’s redlines—specific actions viewed as escalatory and that could trigger counterescalations.[4]
17. It is nothing less than delusional to stake one’s hope for an avoidance of nuclear Armageddon on the ability to limit escalation in the midst of an existential conflict upon which the fates of the combatants depend. In any case, the US-NATO proxy war against Russia has already established that US imperialism will not be deterred by the threat of nuclear retaliation and will cross all and every “red line” in order to achieve its objectives.
18. Krepinevich acknowledges that the inevitable US-China war, even without the use of nuclear weapons, will have catastrophic consequences for all of humanity. He writes:
Even if the two sides avoided nuclear catastrophe, and even if the homelands of the United States and its major coalition partners were left partially untouched, the scale and scope of destruction would likely far exceed anything the American people and those of its allies have experienced.[5]
19. The conclusion drawn by Krepinevich is not that the military cataclysm must be prevented at all costs, but that the United States-led coalition’s “ability to sustain popular support for the war effort, along with a willingness to sacrifice, would be crucial to its success.”[6]
20. This nightmarish imperialist scenario of inevitable war must be opposed by the American and international working class. Workers in the imperialist centers of North America, Europe, Asia and Australia and New Zealand have absolutely no interest in defending the global geopolitical and economic interests of their power-mad financial-corporate imperialist ruling class. Nor should the workers of Russia, China and other major capitalist regional powers—Brazil, Argentina, Egypt, the Gulf States, Turkey, Nigeria, South Africa, India, Indonesia, to name only the most significant—attribute any progressive character to the reactionary efforts to reorganize world geopolitics on the basis of the utopian perspective of multi-polarity.
21. The fact that US imperialism instigated the Russia-Ukraine war does not justify, from the standpoint of the interests of the Russian and international working class, the decision of the Putin government to invade Ukraine. The Putin government’s response to the provocations of American and European imperialism was determined not by abstractly defined considerations of “national defense,” but by the class interests of the parasitical oligarchic-capitalist ruling class that emerged from the breakup of the Soviet Union and the privatization and outright theft of its nationalized assets.
22. In the years preceding the dissolution of the USSR, the political conflict within the ruling bureaucratic apparatus developed along national and ethnic lines. This reactionary tendency had been prepared and facilitated by Stalin’s repudiation of proletarian internationalism and the promotion of Russian nationalism under the cover of a chauvinistic Soviet patriotism. In the aftermath of the breakup of the Soviet Union, the already existing conflicts between nationalistic bureaucratic cliques—of which the Russian and Ukrainian were the most powerful—evolved rapidly into an open struggle for raw materials, markets, and territorial advantages between the new national capitalist ruling elites. In October 1991, less than three months before the dissolution of the Soviet Union, the International Committee warned:
In the republics, the nationalists proclaim that the solution to all problems lies in the creation of new “independent” states. Allow us to ask, independent of whom? Declaring “independence” from Moscow, the nationalists can do nothing more than place all the vital decisions relating to the future of their new states in the hands of Germany, Britain, France, Japan and the United States.[7]
23. The ongoing war is a vindication of the warning made 30 years ago by the International Committee. The struggle against the US-NATO war must be conducted not by adapting to the Putin regime, but in implacable opposition to its reactionary nationalist-capitalist agenda. The anti-war policy of Russian and Ukrainian workers must be based on the unity of all sections of the working class of the former Soviet Union against the new capitalist elites. The internationalist policy upheld by Lenin and the Bolsheviks during World War I, of intransigent opposition to the defense of their national capitalist state, must be adopted by the workers of present-day Russia (against the Putin regime) and Ukraine (against the Zelinsky regime).
24. The same fundamental principles of socialist internationalism determine the attitude of the International Committee toward the conflict between US imperialism and China. The United States strives to limit China’s economic development, restrict its access to critical resources and technologies, and block the expansion of its global influence. China attempts to counter the relentless pressure exerted by American imperialism through the restructuring of the prevailing geopolitical and economic institutions in which the US dollar functions as the pillar of world trade and financial transactions. But this policy, notwithstanding China’s attempts to endow it with a progressive and even altruistic veneer (e.g., through the promotion of the “Belt and Road Initiative”), unfolds on a capitalist basis and aims at nothing more than the reorganization of the existing global balance of power.
25. The outbreak of war cannot be averted by counterposing to the hegemony of American imperialism a new multi-polar coalition of capitalist states. The struggle against imperialist war cannot be achieved through a restructuring of the nation-state system, but only on the basis of its destruction. As Rosa Luxemburg insisted on the eve of World War I, the working class “must draw the conclusion that imperialism, war, plundering countries, haggling over peoples, breaking the law, and the policy of violence can only be fought against by fighting capitalism, by setting social revolution against global genocide.”[8]
[1] Thomas L. Friedman, “A Manifesto for the Fast World,” New York Times Magazine, March 28, 1999
[2] A Quarter Century of War: The U.S. Drive for Global Hegemony 1990-2016, by David North (Mehring Books: Oak Park, MI), p. 277
[3] Ibid, pp. 368-69
[4] Foreign Affairs, January-February 2024, pp. 111-12
[5] Ibid, p. 117
[6] Ibid, p. 118
[7] “After the August Putsch: Soviet Union at the Crossroads,” by David North, in The Fourth International, Volume 19, No. 1, Fall-Winter 1992, p. 110.
[8] “Petty-Bourgeois or Proletarian World Policy?” in Discovering Imperialism: Social Democracy to World War I, translated and edited by Richard B. Day and Daniel Gaido (Chicago: Haymarket Books, 2012), p. 470
