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RELIGIOUS PERSPECTIVES ON HUMAN RIGHTS
E-Newsletter
Vol.1 No.24
November 22, 1999
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Religious Perspectives on Human Rights is now available online at: http://www.rghr.net
Religious Perspectives on Human Rights is a weekly e-newsletter issued by Buddhist, Muslim, Catholic and Christian Groups on Human Rights, initiated by the Asian Human Rights Commission.
CAPITAL
PUNISHMENT IN THE PHILIPPINES and the RESPONSE OF TFD
It is reported that over
a thousand convicts are on the death row pending presidential
executions with the possibility that some would be pardoned while
and others executed. In a number of other Asian countries the
clamour for the introduction of death sentence is gathering
momentum given the spiraling of grave violence and in many
societies. The often quoted arguments are that they act as
deterrents. Besides, the criminals are found to be 'dangerous'
for the society and as such they need to be eliminated. While
such arguments need to be examined within a comprehensive
framework, we will try to set briefly some of its major aspects.
In a statement issued at
the end of a seminar on Fair Trial, where a number of senior
lawyers and a retired S.C.judge were present, it was asserted
that using death sentence to discourage crimes amounts to an
admission of the discarding of proper investigations as an
effective tool in controlling them. "Instead of
investigation, an executive approach has been adopted. This has
to be condemned as inhuman and callous".
It must be remarked that
the above statement springs from a consideration of a number of
important factors which are societal, judicial and religious.
Societal:
"living in the land
of the rising crime" is the headlines of an article by
Howard French in South China Morning Post of 14th
October. Violence and crime among the school youth is on the
increase according to the national figures in Japan. The
situation is quite similar to what is happening in a number of
other countries. The United States in an apparent acknowledgement
of mounting youth crimes, to the dismay of many, decides to treat
minors as adults in criminal judicial processes. In Sri Lanka, it
is suicides particularly among the youth, estimated to be over
three deaths each day. Are we not in the throes of a major
societal upheaval tied to systematic and endemic violence.
The Japanese trying to
understand this phenomenon acknowledges that it is not an
expression of social deviance but a 'byproduct of the
single-minded industriousness', which has been the driving
force behind the Japanese economic success. It is said of Sri
Lanka that it is the whole atmosphere of violence that combines
with growing frustrations that compel the youth to inflict
punishment on themselves or on others.
"Most kids want
positive attention, but if they can't get that, they will
seek other kinds of attention. This includes robbery or
committing real acts of violence", is a valid remark made by
Toshiki Toriyam, a Japanese teacher who has written numerous
books on the problems of the youth. The whole point is whether
the society can exonerate itself by killing the individuals that
have been the victims of its own making. Thus calling for death
is more a judgment on the society itself that is incapable of
handling the violence that it has generated.
Judicial:
Despite the
comprehensive character of the judicial systems in a number of
Asian countries there have been serious lapses in their
applications. Enormous defects obliterating fair trials have been
observed in the delivery of justice. In a context where
inadequacies, malpractices and the subversions of the law in the
aspects of investigations, prosecutions and actual trials have
been prevalent, and where the fairness in the decision is already
subverted, a death sentence is highly questionable. Besides, the
whole purpose of punishment being correctional can be defeated if
it leads to death. It then assumes the form of revenge where the
cycle of violence get juridical legitimation.
Religious:
It is somewhat strange
to discover that we retain some of the vestiges of the past where
for instance the sins of many were cast on an animal that was led
into the desert or from the law of 'eye for an eye, tooth
for a tooth...', despite the fact that these have been
denounced and superceded by more profound values and principles.
Death penalty is inconceivable in the context of the teachings of
Buddha where the respect is for all forms of life, and violence
is to be overcome by non-violence (and not by violence), or in
Christianity the law of talism is replaced by forgiveness and
love. Respect for life has been the foundation of religions and
the inalienable right to life has been declared by the UN as the
basis for all rights.
In this context the
efforts of an organisations like Task Force Detainees (TFD) which
tries to place the debate on death sentence from the victims
perspective needs to be recognized and supported.
Making Monks
Robes From Rags Cast Off By Others
Further Historical Proof
of the radical Social orientation of Early Buddhism
Following is an extract
from the book "Sri Lanka- A History" by Chandra Richard
de Silva, published by Vikas Publishing House PVT. LTD- India
"By the ninth
century there was also a reaction against life in the large
monasteries, which was held to be in contrast to the asceticism
of early Buddhism. At that time, the Pansakulikas, who
broke away form the Abhayagiri, insisted on making their robes
form rags cast off by others. By the end of the Anuradhapura
period there was thus a variety of opinion within the sangha
itself."
In a hierarchically
organized society where dress indicated ones social status,
wearing a dress made of rags cast of by others clearly indicated
a dis-identification with high social classes and castes. Low
caste, in such a society meant a position socially shameful.
These monks thought that the discipleship of Buddha involved such
an option. Other scholars have shown, that the yellow robes worn
by the Buddhist monks during the time of Buddha, were in fact the
clothes in which the dead bodies were covered and thrown away. By
the time of Buddha's life Brahminism has been well
established and caste had become the principle of social
organization. Buddha's broke away from his own upper caste
origins and identified himself with those considered to be the
lowest- the Suddras.
DEBATE ON UN
MEDIATION ON ETHINIC CRISIS
- your views and comments
You all are aware of the
unresolved conflictual situation that has continued for over
fifteen years in Sri Lanka and regarding which a proposal was
made requiring third party mediation. This has had mixed
reactions. We however would like to have your comments.
PLEASE SEND US YOUR
COMMENTS REGARDING THE FOLLOWING;
In the recent debate on
UN mediation the following aspects became clear;
- The Two Major
political parties of Sri Lanka are open for third party
facilitation . They however, reject mediation. What is
the difference between the two in practical terms has not
been made clear and is not likely to be made clear. All
Tamil parties have openly supported the idea of Third
Party Mediation. It is obvious that there is considerable
consensus on the need for external assistance to initiate
a process of genuine discussions leading to practical
results.
DO YOU HAVE ANY
SUGGESTIONS AS TO HOW THIS AGGREEMENTS(on facilitation and
mediation) ARE TO BE PURSUED AND HOW TO EVOLVE A PRACTICAL
SET OF SUGGESTIONS FOR ACHIEVING THE OBJECTIVES OF SUCH
AGGREEMENTS?
- There is a
Constitutional dead lock arising out of the existing
Constitution- (1978). No change is possible with out
breaking this Constitutional dead lock. In fact, it was
this Constitutional dead lock that had contributed to the
continuation of the military approach in dealing with
this issue. It is not likely that the two major political
groupings ( PA and UNP) agree on a peaceful resolution of
this issue, without considerable pressure.
HOW TO CREATE THE
AWARENESS ON THIS CONSTITUTIONAL ASPECTS AND BRING ABOUT A
SITUATION IN WHICH IT WOULD BE IMPOSSIBLE TO ESCAPE THE GRAVE
RERSPONSIBLITY TO END THIS CONSTITUTIONAL DEAD LOCK?
Posted on 1999-11-22
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