Patriotism vs. Terrorism :
The Survival of a Nation?
Dr.T.C.Rajaratnam
Civil allegiance is the duty of loyalty and obedience which a person
owes to the State of which he is a citizen. The word 'allegiance' is
a derivative of liege, free and historically it signifies the service
which a free man owed to his liege lord. Every citizen owes the duty
of loyalty to the state where he is a Citizen.
The term allegiance is often used by English legal commentators in
a broader sense, divided them into natural and local, the latter applying
to the deference which even a foreigner must pay to the institutions
of the country in which he lives.
The English doctrine which was once adopted in the United States, asserted
that allegiance was indelible: "Nemo potest exuere patriam"
. Accordingly, as the law stood before 1870, every person who by birth
or naturalization satisfied the conditions set forth, though he should
be removed in infancy to another country where his family resided, owed
an allegiance to the British Crown which he could never resign or lose
except by Act of Parliament or by the recognition of the independence
or the cession of the portion of British territory in which he resided.
Allegiance is the tie which binds the subject to the Sovereign in return
for that protection which the Sovereign affords the subject. It was
the mutual bond and obligation between the King or Queen and his or
her subjects, whereby subjects are called his liege subjects, because
they are bound to obey and serve him..
At Common Law, allegiance is a true and faithful obedience of the subject
due to his Sovereign. As the subject owes to his King his true and faithful
allegiance and obedience, so the Sovereign is to govern and protect
his subjects, regere et protegere subdititos suos, so as between the
Sovereign and subject there is : duplex et reciprocum ligamen; quia
sicut subditus regi tenetur ad obedientiam, ita rex subdito tenetur
ad protectionem:merito igitur ligeantia dicitur a ligando, quia continent
in se duplex ligament.
Allegiance is owed both to the Sovereign as a natural person and to
the Sovereign in his or her political capacity. Loyalty requires affection
also to the office of the Sovereign, attachment to royalty, attachment
to the law and to the Constitution of the realm and he who would by
force or fraud endeavour to prostrate that law and Constitution, though
he may retain his affection for its head, can boast but an imperfect
and spurious species of loyalty.
There were four kind of allegiance:
(a) Ligeantia naturalis, absoluta, pura et indefinite and this is originally
due by nature and birthright and is called alta ligeantia and those
that owe this are called subditus natus
(b) Ligeantia acquisita, not by nature but by acquisition or denization,
being called a denizen or rather denizon, because he or she is subditus
datus;
(c) Ligentia localis, by operation of law, when a friendly alien enters
the country, because so long as he or she is in the country they are
within the Sovereign's protection, therefore they owe the Sovereign
a local obedience or allegiance.
(d) A legal obedience, where a particular law requires the taking of
an oath of allegiance by subject or alien alike.
As nature and religion teach moral obligations and prescribe to children
dutiful conduct towards the parents, so nature and religion imposes
on citizens certain obligations towards their country and its rulers.
These obligations may be interpreted as patriotism and obedience. Patriotism
requires that the citizen would have a reasonable esteem and love for
his country. He should have a reasonable esteem and love for his country.
Legal Allegiance is due when a person takes an oath of allegiance required
for a particular office in the State.
Article 2 of the Constitution of the Democratic Socialist Republic
of Sri Lanka states "The Republic of Sri Lanka is a Unitary State."
Article 63 of the Constitution of the Democratic Socialist Republic
of Sri Lanka states: "Except for the purpose of electing the Speaker,
no Member shall sit or vote in Parliament un and subscribed the following
oath or made and subscribed the following affirmation , before Parliament:-
'I ……………………………….
do solemnly declare and affirm/ swear that I will uphold and defend
the Constitution of the Democratic Socialist Republic of Sri Lanka"'.
Article 81 illustrates in regard to the expulsion of Members and imposition
of civic disability. The Sixth amendment to the Constitution (certified
on August 8, 1983) the preamble states "Whereas Sri Lanka is a
Free , Sovereign , Independent and Unitary State and it is the duty
of the State to safeguard the independence, sovereignty, unity and the
territorial integrity of Sri Lanka
"AND WHEREAS it has become necessary to prohibit such activities
and to provide punishments therefore:…"
By virtue of the Sixth amendment to the Constitution Article, 157A
was added after Article 157 for 'Prohibition against violation of territorial
integrity of Sri Lanka' , Article 11 was amended as well. The Seventh
Schedule by virtue of the Sixth amendment to the Constitution is "
I………………………………..do
solemnly declare and affirm / swear that I will uphold and defend the
Constitution of the Democratic Socialist Republic of Sri Lanka and that
I will not, directly or indirectly, in or outside Sri Lanka, support,
espouse, promote, finance, encourage or advocate the establishment of
a separate State within the territory of Sri Lanka".
Alas, what is happening in the present Parliament? Members from the
various Tamil political parties huddled and grouped as the TNA are desecrating
the sanctity of Parliament and flagrantly violating the provisions of
the Constitution. It is the duty of the Law enforcing authorities and
the appropriate personnel to take action against this unruly conduct.
Whilst paying lip service to the 'Tamil cause' they violate every conceivable
norm of law. The silence on the part of the State has made a mockery
of democracy whilst allowing the Terrorists and their henchmen to be
solely responsible for the decline of the economic progress of the country
and the disastrous consequences that follow. This is the time to stop
it. This is the time to protect the millions of innocent civilians from
the hands of these politicians and the Terrorist organizations that
they represent and it is obvious that although they have a front to
reveal conflict they are all interconnected for their own survival.
This has to stop. The JVP and the Hela Urumaya by their own right are
correct that the Nation has to be saved from Tamil Terrorists and those
that represent them. We have been paying lip service to Peace, whilst
the Tamil Political parties have been making fun of the country, its
nation and successive Governments. We have to protect our nation. We
need our armed forces to be vigilant and eradicate the pillars of Terrorism
and the very foundation which supports them.
Every citizen owes his or her allegiance to the Constitution and to
the Head of State- the duly elected President of the Democratic Socialist
Republic of Sri Lanka. We don't need people from the 'international
community' to cast aspersions on our President and our Government. No
one blames President Bush for the California fires, but if the same
had occurred here then these Tamil Parties would have pointed at the
President and the Government. People should be aware of what allegiance
is and the concept of Patriotism. This is not only the duty of every
citizen but the obligation in the best interests of the Nation.
Our nation has been torn apart by the evils of terrorism and natural
disaster. We have all suffered - there is no answer - there is no justification
for the pain. Freedom of choice alone does not guarantee justice. Equal
rights are not defined only by political values. Social justice is a
triad of freedom, an equation of liberty. Justice is political liberty.
Justice is economic independence. Justice is social equality.
Due to our internal conflicts which we could have long resolved, external
forces with vested interests have all sought to intervene some in the
pretext of resolving the conflict but our experience has proved that
the gap of resolution of conflict does not seem to be narrower now.
Those who finance terror, those who launder their money, those that
cover their tracks are every bit as guilty as the fanatic who commits
the final act.
We look for diplomacy. But there is no diplomacy with some of those
opposed to us. We do not consider them opponents but they oppose every
conceivable move we make to develop the country.
Sometimes, there is no compromise with such people, no meeting of minds
- no point of understanding - so we would have a just choice -defeat
it or be defeated by it.
We learnt that however much we strive for peace, we need a strong defence
capability where a peaceful approach fails. Whatever the dangers of
the action we take, the dangers of inaction are far greater.
Laws will have to be changed not to deny the basic liberties but to
prevent their abuse and protect the most basic liberty of all; freedom
from terror. The people are terrorized by certain vested interests in
their vile pursuits for power committing crimes and targeting a reflex
scenario as if the Government was responsible.
We must always be on guard for those who will exploit and manipulate
religion for their own narrow political ends who will distort the essence
of pluralism and tolerance for their own extremist agendas.
People are being tainted by the reckless media. It is a national catastrophe
for the nation. We must enact new laws amend the old.
We must work as a community to ensure that everyone not just a privileged
few get the collective ability to further the individual's interests.
The governing idea of modern social democracy is community founded
on the principles of social justice. That people should rise according
to merit not birth; that the test of any decent society is not the contentment
of the wealthy and strong, but the commitment to the poor and weak.
But values aren't enough. The mantle of leadership comes at a price;
the courage to learn and change; to show how values that stand for all
ages can be applied in a way relevant to each age.
We learnt that equality is about equal worth and not equal outcomes.
The standard of living is higher. The expectations of the people are
higher. This is a consumer age. People don't take what they are given.
They demand more. The rising cost of living is because of Terrorism
- not only the amount we spend on the war but the consequences that
follow the false allegation by the Terrorists and their henchmen in
Parliament who travel on diplomatic Passports , enjoy all the perks
of the State, desecrate the sanctity of the House of Parliament and
make false allegations to the world at large - these men and women will
howl and cry but fear that they may not be elected to Parliament again.
They neither love their own people they love themselves.
We are not alone in this. All round the world governments are struggling
with the same problems. The program of reform is huge. We must have
co-operation, determination and consensus.
We are a community of people, whose self interest and mutual interest
at crucial points merge and that it is through a sense of justice that
community is born and nurtured. This is the moment to bring the faiths
closer together in understanding of our common values and heritage a
source of unity and strength.
By the strength of our common endeavour we achieve more together than
we can alone. We must reach beyond our fears and our divisions to a
new time of great and common purpose. Let us trace the roots of affirmative
action. Let us determine what it is and what it isn't. Let us see where
it has worked and where it hasn't and ask ourselves what we need to
do now.
Private media freedom is running amok. The news that millions of people
in this country including foreign correspondents who convey news overseas
receive each night is determined by a handful of men responsible only
their corporate employers. The State should have control not to permit
abuse of the freedom of the Press.
The people love the President. His achievements are remarkable. He
has been a stoic in the face of adversity. He has earnestly endeavoured
to unify the nation. He is totally committed to serve the people. It
is genuine unwavering and it is selfless.
We must not permit a contaminated moral environment. Let us not negotiate
out of fear, But let us never fear to negotiate.
As a philosopher once remarked. "The water is clear pure and fresh
- it is for all to drink. But some clever people began to bottle the
water. Some in beautiful bottles. Some in ugly bottles -with no regard
to the water but with great care to its shape."
It is time that affirmative action is taken so as not to eradicate
the norms of democracy.
Resolution of conflict has its requirements. Parties to a dispute cannot
threaten and violate the rights of innocent people or those who are
performing their duties. If the conflict between the organized form
of government and a force not popular on the norms of legality, it is
then the duty of the Head of State to take such measures to safeguard
the nation by whatever means to protect the nation.
There are individuals and groups who may be critical of the President
for political gain, but the President has always taken affirmative action
within the norms required of the President. No progress can be made
unless a common ground is established. To endeavour to establish common
ground certain specific responsibilities on the people and political
leaders should be imposed. More of our people must set an example. People
should be made conscious of their conduct. We must learn to discuss
matters with those who are different from us. Not just people who agree
with us but with somebody who is different.
Politicians must set an example to those among whom they work. After
all, politics is a matter of serving the community which means that
is morality in practice. We cannot restore peace unless we can find
some way to bring the nation close together. There should be collective
responsibility within groups or else the people will be confused.
The President has an able team. We as citizens owe allegiance to the
Constitution of the country and owe our loyalty to the President and
the Governments of the day. This is Patriotism. We must learn to be
true to our country the Government of the day.
President Rajapakse being the Saviour of the Nation, is ably advised
by Hon.Basil Rajapakse the Vision and Guardian of the Nation, Defence
Secretary Mr.Gotabaya Rajapakse-the Defender of the Nation and Hon.Douglas
Devananda - the Sole representative of the Tamils in the North &
East in the Parliament, Cabinet and the Government and the only Cabinet
Minister who has fulfilled the pledges of Mahinda Chinthana. Let us
now join hands for peace and prosperity.
We must be Patriotic. We must uphold and defend the Constitution and
the Head of State-the President. We owe allegiance to the President
and the Constitution as Citizens of Sri Lanka. We must uphold the norms
of the Constitution apprehend and prosecute those who terrorize us by
their actions and threats, then economic prosperity will follow suit.
Our destiny lies in our hands.
*[The writer was the Co-ordinating Secretary to the Chief Government
Whip of Parliament, Late Jeyaraj Fernandopulle; The Member in charge
of the English Media of the Media Observation Unit appointed by Late
Jeyaraj Fernandopulle for the Presidential Election Campaign of President
Mahinda Rajapakse in 2005; Candidate for the Colombo District for SLFP-PA
in the 1994 Parliamentary General Elections; Author; Orator; Member
of the World Lawyers & Poets Association; International Legal Consultant]
www.tcrajaratnam.org
tcrajaratnam@yahoo.com
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