Critical Thinking and Ethics
I have long gained deep intellectual satisfaction from the application of critical thinking. Critical thinking has been defined as “the intellectually disciplined process of actively and skilfully conceptualizing, applying, analyzing, synthesizing, and/or evaluating information gathered from, or generated by, observation, experience, reflection, reasoning, or communication, as a guide to belief and action. In its exemplary form, it is based on universal intellectual values that transcend subject matter divisions: clarity, accuracy, precision, consistency, relevance, sound evidence, good reasons, depth, breadth, and fairness.”[i]
A number of writers have analysed the obstacles to successful critical thinking. I have been assisted by reading the works of philosophers such as Nigel Warburton, Stephen Law, Jamie Whyte, AC Grayling, Raymond Williams, Alec Fisher and Anthony Weston. These writers describe the strategies often used to undermine critical thinking. I have also taken an interest in writings on ethics and have been guided by Bernard Williams, Peter Singer, Henry Sidgwick, Simon Blackburn, Sissela Bok and the Lord Buddha. I try to lead an ethical life.
Enemies of Reason
With this background, I would have expected to be able to engage in calm and rational discussion on most topics. Sadly, this has not always happened. I try to avoid any discussion of the policies and actions of the Israeli government because I know that my Zionist friends will eventually call me an anti-Semite. Similarly, it seems to be impossible to discuss Sri Lankan politics without encountering bizarrely false assumptions about my character, beliefs, allegiances and associations. I have been called a government stooge, a Sinhala-Buddhist Chauvinist (despite my Irish Catholic upbringing) and a Tiger sympathiser sent by sinister foreign agencies to undermine the state. Discussions about animal welfare can also be very fraught as there are many warring factions among animal lovers.
My taste for critical thinking with an ethical and humanist background led me to the writings of Kenan Malik, an Indian-born writer, lecturer and broadcaster who was brought up in Manchester. He studied neurobiology (at the University of Sussex) and history and philosophy of science (at Imperial College, London). He has lectured at a number of universities in Britain, Europe, Australia and the USA. He writes: “My main areas of academic interest are the history of ideas, the history and philosophy of science, the history and philosophy of religion, the philosophy of mind, theories of human nature, moral and political philosophy, and the history and sociology of race and immigration. “
Malik has long campaigned for equal rights, freedom of expression, and a secular society. He has defended rationalism and humanism in the face of what he has called “a growing culture of irrationalism, mysticism and misanthropy”. Like me he campaigned for the Anti-Nazi League. He is a Distinguished Supporter of the British Humanist Association and a trustee of the free-speech magazine Index on Censorship.
Unlike me, (although I was a subscriber to the paper Socialist Worker and accompanied them on many a protest march) in the 1980s, he was associated with a number of Marxist organisations, including the Socialist Workers Party (SWP) and the Revolutionary Communist Party (RCP). Nick Cohen, the Observer columnist and author of What’s Left: How the Left Lost Its Way (2007), has called RCP “a vicious movement” and “the smallest and nastiest of the Trotskyist sects”. Malik stood for Birmingham Selly Oak in the 1992 general election, coming last out of six candidates with 84 votes. Malik wrote for the RCP’s magazine Living Marxism, later LM. Although the RCP has since disbanded, Malik has written for later incarnations of LM, and for its on-line successor, the British web magazine Spiked. Jenny Turner wrote in the London Review of Books about “the LM network’s habit of supporting freedom of expression for all sorts of horrible people: BNPers and child pornographers and atrocity deniers. Of course it’s only the right to speak that is supported, not what is said: members of the LM network are always careful to stress that they’re no less opposed to racism, sexual exploitation and mass murder than everybody else, it’s just that they think unpleasant opinions should be not banned but ‘battled’ with, in open debate.”[ii]
Opinion without Knowledge
The Cambridge philosopher, Jamie Whyte wrote: “You are entitled to an opinion in the epistemic sense only when you have good reason for holding it: evidence, sound arguments and so on. Far from being universal, this epistemic entitlement is one you earn. It is like being entitled to boast, which depends on having something worth boasting about.” Voltaire wrote, “prejudice is opinion without judgement”. Opinion without knowledge, truth or logic can also foster prejudice.
Kenan Malik Comes to Sri Lanka
Mr Malik took the opportunity of his visit to the Galle Literary Festival in January 2016 to recycle the fictional figure of 40,000 plus civilian casualties at the end of the war against the LTTE.[iii] I have given this matter of “the numbers game” a great deal of thought. I have attended think tanks and seminars, had a long conversation with the author of the IADG report[iv], reviewed Gordon Weiss’s book on the subject,[v] had a dialogue with Callum McCrae and published several articles. I do not think that Mr Malik has studied the matter in so much depth.
I have no desire to whitewash the Rajapaksa government or the Sri Lankan military. I have looked at this matter in a perfectly calm and logical manner which is what I would have expected of a public intellectual with Mr Malik’s reputation. My conclusion is that the figure 40,000 cannot be correct and it is not helpful to any reconciliation process to continue to bandy it about.
Mr Malik responds to criticism by Professor Michael Roberts by citing what he calls “The 2011 UN report on the final stages of the war.”[vi] In reality, this was not an official UN report but a report by a “panel of experts” called by the UN General Secretary as a preliminary to further investigation and action. The panel did not carry out any investigations of its own (and recognized that it had no mandate to do so) but had to rely on second-hand “evidence” that was not evidence in the normal sense of the word. The Marga Institute evaluation of the report said that this forced the panel “into an adversarial stance with the Government” in which it assumed the role of prosecutor. “The Panel’s dismissal of the Government’s position prevents it from making a more searching assessment of the military necessity claimed by the Government. It prevents the Panel from analyzing the crucial elements of intentionality and proportionality as should have been done in any investigation of war crimes in the Sri Lankan situation.”[vii] The Darusman report was also challenged in the report of the Paranagama Commission.[viii]
This is not the place to go into a further detailed analysis of the shortcomings of the Darusman Report. Mr Malik claims to have “done his homework” before coming to Sri Lanka but seemed to be unaware of the vast amount of research that has been done. Professor Michael Roberts has given an extensive list of citations on Mr Malik’s blog. Suffice it to say that the Darusman report is dishonest in the way it pumps up a previous UN figure of 7,221 civilian deaths and in the way it elides “credible allegations’” into self-evident proven war crimes.
In one of my articles I say: ‘Like an urban myth or an internet hoax, a story gets passed around and is treated as legal currency. The neologism “churnalism” has been credited to BBC journalist Waseem Zakir who coined the term in 2008. “You get copy coming in on the wires and reporters churn it out, processing stuff and maybe adding the odd local quote.” Stephen Colbert coined the term “truthiness” – “We’re not talking about truth, we’re talking about something that seems like truth – the truth we want to exist”.’ The Darusman report arrives at its figures by a process of recycling hearsay.
Moving the Goalposts
My sole point in my original critical comment on Mr Malik’s blog was that it was not helpful to cite the figure of 40,000 deaths upwards as if it was incontrovertible fact. I believed that he should have mentioned that there were many closely argued interpretations that set the figure much lower. In his response he shifted his ground and brought in the idea of “apologists for the Sri Lankan Army.”
“The question of numbers dead in the final phase is not central to the argument I was making. The figures I have come across vary from around 9,000 to around 100,000. I rejected the figures that came from either side in the war and took instead figures from independent third parties, such as the UN and ICEP. It may be that, as you say, these figures, too, are myths, and I have no reason to dispute your research (though I have not seen it in full). However, where the figures are disputed, it makes sense to settle for the more those provided by more objective collectors of those figures, which is what I did.”
I would contend that the figures I cited were even more objective as many of them were calculated by Tamils, including Navi Pillay of the UNHRC and the Tigers own website. To argue that, “The question of numbers dead in the final phase is not central to the argument I was making” is disingenuous. His argument now seems to be that the SLA deliberately targeted Tamil civilians. The true number of civilians killed is crucial to that very argument. If one takes a spectrum from the zero casualties ludicrously asserted by the government at one time, to the 147,000 claimed by Frances Harrison, zero casualties would demolish the contention that the SLA was targeting civilians (unless their aim was very poor). If it is true that 147,000 were killed the case for deliberate targeting becomes very strong. The numbers do matter.
Hypotheticals and Counterfactual History
I have never been a fan of counterfactual history or hypotheticals so I was not keen to take up the thought experiment posited here by Mr Malik: “Suppose that I had written something critical of the actions of the Syrian government in the current civil war, and particularly of its mass killings of civilians. And suppose a respondent had suggested that the real problems lay not with the actions of the government forces but those of the al-Nusra Front and of the Islamic State, and that it is rebel activities that drives the Syrian government to take the actions that it does, an argument that can be heard quite loudly in certain parts of the media today. Would a robust response not be justified? And if it is justified in that case, why not in this case? (Before anyone jumps on me, the analogy I am making is not between the conflicts in Syria and Sri Lanka, but between the attempts to use insurgent actions as a means of justifying unjustifiable government actions).”
That seems to me to be rather feeble and unnecessary. He is assuming before he enters the discussion that the government actions are “unjustifiable”. He is explicitly comparing the situation in Syria with the situation in Sri Lanka at the same time as saying that he is not comparing. Why bring Syria up at all? I have coined an aphorism which I repeat in a most tiresome fashion at every opportunity: “The road to hell is paved with false analogies”. I most often use it when people try to compare the Irish peace process with what was happening in Sri Lanka. Martin McGuinness came here to tell us that a military solution to the Tiger problem was not feasible and that we must achieve a political solution through negotiation. I used to think that myself. I made the decision to come and live in Sri Lanka when Ranil Wickramesinhe, in his previous stint as prime minister, was maintaining a cease fire with the LTTE. I was very dismayed when Mahinda Rajapaksa defeated him in the 2005 presidential election. I was severely dismayed when the Rajapaksa government decided to try to defeat the Tigers militarily. I realize now that I was seriously mistaken.
Never mind about hypotheticals; why not keep it simple and concentrate on what actually happened in Sri Lanka? The LTTE used cease fires to regroup and re-arm. Peace talks had failed over many decades because Prabhakaran had no intention of compromising. Eventually, the legitimately constituted armed forces of a democratically elected government of a sovereign unitary state decided to make a determined effort to defeat a group that was systematically slaughtering civilians in order to set up a separate state.
War Crimes Apologist?
Mr Malik is putting words in Professor Robert’s mouth when he says he was arguing that “that the actions of the LTTE somehow justified the actions of the Sri Lankan Army”. I have read and re-read Professor Roberts’s words and he is saying nothing remotely like what Mr Malik attributes to him. This was not about revenge or what-aboutery. The actions of the SLA may legitimately be discussed and if necessary condemned but they did not behave badly because the LTTE behaved badly and Roberts is not arguing any such thing. Malik claims “You do not, as far as I can see, contest the empirical claim that the Sri Lankan Army fired into what it had declared to be No Fire Zones or on hospitals or civilian areas.” Michael Roberts[ix] and many others have indeed contested that claim.[x]
In his helpful book Thinking from A to Z, philosopher Nigel Warburton lists alphabetically the many tropes used to manipulate argument. One trope is “truth by authority”. Warburton writes: “Unwary members of the public may make the unreliable assumption that because someone is a recognised authority…in a particular area he or she must be capable of speaking with authority on any other subject”.
The problem is that when one covers a vast array of subjects, one exposes oneself to the danger of being downgraded from polymath to dilettante or to jack-of-all trades. There is no doubt that Noam Chomsky has a huge brain but his speciality is linguistics. Because he speaks with the authority of a specialist on that subject (although many other linguists disagree with him even about linguistics) that does not mean he speaks with equal authority on the many other issues on which he chooses to intervene.
I could never hope to have such a huge brain as Kenan Malik but there are some subjects on which, in all humility, I think I can speak with more authority than him because I have studied them in more detail than him.(Isiah Berlin’s essay about the hedgehog and the fox springs to mind.) I have assembled a good deal of evidence and opinion that convinces me that the oft-cited mantra that over 40,000 civilians were killed in the last days of the defeat of the LTTE is factually incorrect. Disagree with me if you wish but do so from a position of knowledge and do so with specifics and civility.
Tropes Employed by Online Commenters
My main interest here is, rather than going over the casualty figures yet again, is to discuss the manner in which my argument has been dealt with by Mr Malik and others. Some interesting tactics were employed. I found it impossible to get anyone to actually deal specifically with the different estimates of numbers killed.
One Facebook commenter chose to place his trust in the UN. He wrote: “I doubt if the UN plucked this figure out of thin air”. He ignored the many analyses which showed in detail why it seemed that the UN figure was plucked out of thin air. He then brought in some assumptions based on anecdotal ‘evidence’. “I personally had contact with several intelligence agencies from Canada, US, UK as well as Sri Lanka and Amnesty International”. At no point does he look at the various calculations of casualty figures and explain why he thinks they are incorrect. He does not explain why he does not accept criticisms of the Darusman Report but relies on faith: “The UN report was done by eminent legal personalities and it is doubtful if they would quote numbers which they cannot defend in a court of law. If not their reputation would be in tatters.”
In his book Believing Bullshit philosopher Stephen Law uses the term “immunising strategies”. He shows how Young Earth Creationists counter the arguments of evolutionists by claiming that, however much evidence is presented, they will still claim it is provisional and incomplete. Those who claim high figures of civilian casualties dismiss contesting calculations with responses like: “It was a war without witnesses” or: “No-one can know without forensic evidence”. Well-argued estimates have been made which could be refuted or accepted. “Comparing high-resolution satellite images of the second No-Fire-Zone between February and April 19, indicates that the No-Fire-Zone as a whole did not witness anything like the scale of sustained bombardment required for there to have been more than 40,300 fatalities”. [xi]There were witnesses.[xii] Murali Reddy wrote in the Tamil Nadu magazine Frontline: “It must be said that the ‘journalistic team’ associated with TamilNet did a marvelous job of relaying the scenes of the last hours of Eelam War IV as they unfolded. Obviously, they were in regular touch with LTTE leaders in the war theatre. The news, nuggets and nuances that reflected in the TamilNet reportage, minus the blatant propaganda that both sides excelled in, gave a fairly good idea of the last hours and minutes as experienced and relayed by the last batch of Tiger cadre and the LTTE top brass.”
Guilt by Association
I asked one Facebook commenter to give his opinion on the many calculations which gave a lower figure of civilian casualties. I pointed out that many people had demolished the Darusman Report. He responded: “Those demolitions are in my humble opinion by personalities who are no match to the legal personalities who authored the report. All reports could be demolished, but on legal scrutiny I would suggest that the demolishers will get demolished”.
When I pressed on this point, he brought in Hitler, Mussolini, Idi Amin and said the calculations of one or two of the people estimating were “buddies of Gota”, the defence secretary and brother of the president. I responded : “I am not talking about Hitler, Mussolini etc. I am talking about different people’s views of how many civilian deaths there were in the final days of the defeat of the LTTE. I am merely asking you to specifically address those views. It is a common trope on comment threads to avoid discussion by saying ‘He’s not worth considering because he has an agenda or he is close to so and so or his father did blah’. You are not even being specific about which person is close to Gota. You cannot dismiss all the arguments because, according to you, some unnamed person is a buddy of Gota.”
He wanted to avoid dealing with the specific points that I was making by citing his superior inside knowledge. However, the very fact of his inside knowledge prevents him from naming names. “I don’t want to be specific because both are known to me, one being a close friend for several decades. I repeatedly warned him to stay away from Gota. I accept that different views must be considered, but surely you should also be able to assess if certain views are even worth considering. I would seek enlightened views and discount pedestrian views “
I asked why would Sir John Holmes (of the UN) , Navi Pillai (of the UNHRC), Tamil Net (website of the LTTE), Rohan Guneratna (of the International Centre for Political Violence and Terrorism Research), the Voice of the Tigers (the LTTE media organisation) , the South Asia Terrorism Portal, Rajasingham Narendran , Muttukrishna Sarvananthan (of the Point Pedro Institute of Development), Dr Noel Nadesan, the Independent Diaspora Analysis Group – Sri Lanka, all come up with lower figures? Are they all buddies of Gota? Have you read any of their arguments?”
Do Numbers Matter?
The aim of the SLA was to defeat the enemy (at that point the most vicious terrorist group ever known) with as little harm to civilians as possible. It was not to punish Tamil civilians for the crimes of the LTTE. I do not believe that the aim was genocide of the Tamil people. I do not believe that civilians were targeted as a matter of policy. I do believe that the aim was to limit the number of civilian casualties as far as possible in a situation where the enemy was using its own people as human shields. Mr Malik has every right to disagree with me about this, even though he is less well-informed than I or Professor Roberts. To state these beliefs does not make myself or Michael Roberts an ‘apologist’ for any atrocities that might have been committed by the Sri Lankan army. To use that loaded word is rather manipulative and dishonest.
In this context, the number of dead being cited is of crucial importance if one is making the assumption that the government deliberately engaged in the punitive “mass killing of civilians”. Mr Malik, having raised the issue brushes it aside when challenged as “not central to his argument”.
[i] Michael Scriven & Richard Paul, presented at the 8th Annual International Conference on Critical Thinking and Education Reform, Summer 1987.