Promoting gender equality

November 5th, 2017

Dr. Tilak Fernando Courtesy Ceylon Today

On 10 October 2017, South Asia’s Policy Makers gathered in Colombo to discuss the success and failures of women, who appear to be disregarded in society. A current issue under discussion in Sri Lanka is to have a guaranteed quota of 25- 30 per cent of women in politics, in future elections.

In a broad generalization, statistically or physically or even unwillingly 50 per cent of the world population happens to be women.

Out of that group, over thirty per cent is, or has been, statistically, physiologically, or even unwillingly pregnant! The overall image of the workforce has been rapidly changing, as more and more females join the ranks of executive and supervisor grades!

However, the main obstacle, to women being employed, is regarded as their legal entitlement of 84 days of paid maternity leave, with all other forms of leave entitlement; a married woman will become entitled to full paid leave for more than six months of the year! Apart from such legal obligations, under the Maternity Benefits Ordinance, employers are required to allow two feeding intervals during a nine-hour office day, daily! Despite such drawbacks, advanced technology and computers have managed to take the muscle out of jobs, and is attracting more women, (many university graduates), which goes to prove that seemingly women are encroaching the ‘man’s world’, as an overall success. In a man’s world, a woman’s prerogative is believed to be only to defend herself, however, modern women have burnt their bras and come out fighting for equal rights with men, calling it ‘women’s lib’!

Conditioning

From the point of birth, everyone is conditioned to follow what society dictates. For some reason or the other, and from time immemorial, women have been labelled as the ‘weaker sex’ or inferior to man! Therefore, an individual is not literally free to adhere to one’s own ideas until one becomes an independent thinker, and liberates from such dogmas that become a repository to all conventional thinking, because such a stereotype system codifies into an ‘ideal life.’

At this point of the argument, the ‘liberated woman’ may come up with the catch twenty-two question as to ‘codified for whom’. Is it only for women and why? It is, therefore, unfortunate that women have been given a raw deal for a very long time, in search of truth and beauty.

Having said that, as the world progresses, people have recognized living examples of women at the top, all over the world. Closer to home, Mrs. Sirimavo Bandaranaike became the first woman Prime Minister in the world, followed by her daughter as President.

Looking beyond the Indian Ocean, in Bangladesh and Pakistan, people have appreciated this continuing trend. In the UK, Margaret Thatcher managed to rule the country for eleven years. The British monarch, who is the ceremonial head, Queen, Elizabeth II, is still the queen; and also Queen Máxima of the Netherlands. The British Civil Service emphasizes more on women in their top management recruitment policy, where British university graduates have better chances of finding a job straightaway than their male counterparts! One glance at the Church of England, will say it all! After centuries old long battle, women have achieved an immense victory in becoming chaplains, whilst some male priests have been pledging to leave the Church and join the Catholic faith!

Women argue that ‘it does not take any mental genius or gymnastics for a man to make a woman pregnant, except his sheer physical, primitive animal desire!’From that point onwards they say it is the poor woman, who has to go through the mental and the physical agony of bearing and rearing children.

Religious Views

Prominent religious viewpoints, such as in the Hindu faith, the ancient scriptures of Vedas and the Upanishads, have always stood in the way of a woman’s development as an individual. The 32nd Verse in the Ninth’s Chapter of the Bhagavat Gita emphasizes that ‘the female foetus is inferior’ and a woman’s birth is referred to as imperfect (‘Papa-yoni’)!

The issue of women in Islam is misunderstood or distorted partly due to mischief by some Muslims, which has been adopted generally to represent the teachings of Islam. According to Quran, Islamic laws have derived from the words of Allah, and the sayings of the Prophet; sections [4:1, 7:189, 42:11] state, men and women have the same spirit, and there is no superiority in the spiritual sense between men and women!

Right to Equality

Involvement of women in Sri Lankan politics has never been so effervescent until now, and for a start 25 per cent- 30 per cent of parliamentarians will be seen as a step towards moving with the times, as according to the Sri Lankan Constitution, under the clause on ‘Right to Equality’ Article 12, states that ” all persons are equal before the law and entitled to the equal protection of the law, while article 12(4) states that nothing shall prevent special provision being made, by law, subordinate legislation or executive action, for the advancement of women, children or disabled persons”.

Saudi Arabia is a Muslim Kingdom, which has been extremely conservative, where men dominate in all activities. However, recently they permitted women to drive motorcars! In a latest development a Princess,(Rima) has been appointed as the Head of the Saudi Multi-Sports Federation equivalent of a Sports Ministry.

“It always seems impossible until it’s done” – Nelson Mandela

LG polls: Hobson’s choice for Sirisena

November 5th, 2017

by C.A Chandraprema Courtesy The Island

The political futures of President Sirisena and the 40+ SLFP parliamentarians hangs in the balance as the LG elections process kicks off. The question that the Sirisena faction of the SLFP has to ask itself is which is worse, being labelled pro-UNP if they decide to cast in their lot with the UNF or risking what could be ignominious defeat. As we write this, the General Secretary of the SLFP Duminda Dissanayake and Mahinda Amaraweera the general secretary of the UPFA have announced that they will not be contesting the upcoming local government election in coalition with the UNP. However, Minister Rajitha Senaratne who is not in the SLFP but who is very much a part of the Sirisena camp has mooted the possibility of the UNP and the SLFP joining hands for the local govt. election.

Every indication that we have got up to now indicates that only the UNP and the Joint Opposition will be left standing after the LG elections and that the Sirisena group will finish a poor third at best if they do contest separately. In this sense the idea mooted by Minister Rajitha Senaratne makes perfect sense – for the UNP and the SLFP groups in each LG institution area to contest together so that they pool all the votes the pro-government groups can command in order to win. It is on this same basis that moves are afoot to get the SLMC and the Mano Ganesan group to contest on the UNP ticket so that no vote is wasted.

The question that the SLFP’s Sirisena faction should ask itself is whether there is any political value in pretending to be not with the UNP when they are actually running a government together. One has to admit that the Sirisena faction has been trying to maintain a separate identity while being in the same government with the UNP. This has taken the form of opposing proposals brought by the UNP and publicly criticizing what the UNP has been doing. Indeed at times the blows directed by the SLFP Sirisena faction at the UNP have been more forceful than the blows directed at them by the Joint Opposition or the JVP. One immediately relevant example would be the Bond Commission and the attacks directed by the SLFP ministers at their UNP colleagues on that account. Will stunts like that convince the public that the UNP and SLFP are two different entities even though they serve in the same government? The highpoint in the bond drama will be the PM’s testimony before the bond commission.

Even though the UNP and the SLFP have a tendency to talk at cross purposes on many matters, they do cooperate on important issues. They cooperate when it comes to passing the budget, in passing tax laws, in increasing the VAT, in leasing the Hambantota port, in bringing in a new constitution etc. The big question is how do the people of this country regard the SLFP Sirisena faction – as a part of the government or the opposition? This is the first time that a political party in power is trying to masquerade as a part of the opposition. The SLFP Sirisena faction is in fact the dominant partner in this government. They have the presidency and the best ministries. Yet they don’t appear to be in the driving seat because policy is being driven by the UNP which is the weaker partner in the government. The yahapalana government is a case study in how not to form coalition governments. The government has been formed by two political parties that have a long history of rivalry.

Donning a sheepskin for the elections

Both of them claim publicly that their intention is to create a single party government in 2020. The weaker partner in the coalition drives policy and the stronger partner tries to score points among the public by either delaying or opposing what the UNP is doing. So what we have here is an opposition within the government of sorts. This spectacle of partners in government working at cross purposes would seem to many as a symptom of dysfunction and a main reason why things are in headlong decline in the country. But the SLFP hopes that these shows will give them the credibility to survive as a separate political entity. How successful they are going to be in this is yet to be seen. If the SLFP actually decides to go it alone without the UNP, that will be a very brave decision indeed.  There is nothing called an ardent SLFP loyalist in this country any more. If you ask the Sirisena faction of the SLFP why they hold their May Day rallies in locations very far away from the Joint Opposition rally, they will quite candidly tell you that is a precaution to prevent the people they bring for the rally from going to the Joint Opposition rally instead!

I was personally present at the 2015 May Day rally of the Sirisena faction at Hyde Park where people arriving for the rally just walked off without even looking at the stage. In 2016, the SLFP Sirisena faction moved their rally to Galle to prevent a repeat of what happened in 2015. It is a well known fact that people were brought to this rally from the north and east as well. This year, they held their May Day rally in Kandy and true to form the people who had been brought from various parts of the country for the rally in Kandy were seen loitering in blue shirts and caps all over the Kandy town, the lake round, the Peradeniya gardens and virtually everywhere but at the grounds where the SLFP rally was being held. It was the same in 2015 when there were far more blue shirted individuals at the Viharamahadevi Park than at Hyde Park where the rally was being held. If the Sirisena faction of the SLFP is unable to motivate their party rank and file to attend their May Day rally with some enthusiasm even while holding the presidency and the best ministries in the government, contesting on their own at an election will be a major risk.

The SLFP Sirisena faction has over 40 Ministers and Deputy Ministers and when they tell their supporters to come for the rally, the supporters may oblige because they are unable to refuse a person they have considered to be their leader; but their hearts are not in it. An earlier warning that the SLFP Sirisena faction should remember is that at the 2015 Parliamentary election, virtually all SLFP politicians deemed to be Sirisena loyalists were wiped out by the SLFP voters. Only Mahinda Amaraweera, Duminda Dissanayake and Ranjith Siyambalapitiya remained standing. SLFP heavy guns like S.B.Dissanayake fell in that massive anti-Sirisena surge. If that was the way the SLFP voter reacted at that time back in 2015 when the government was new and untested, how would they react now?

The question now is whether the Sirisena faction would have managed to win back some of the SLFP rank and file in the more than two years since the last Parliamentary election. One way of gauging this would be the elections to Cooperative Societies which have been held from time to time during this period. The cooperative movement countrywide has over eight million members which is the better part of the voting population. These have been resoundingly won by the Joint Opposition. One reason why these elections may not be representative enough of today’s voting population is that the voter lists of the cooperative societies have not been updated for years. Hence many of those eligible to vote today are those who would have obtained membership when the SLFP was in power in years past. Hence the cooperative elections may not be representative of the SLFP-UNP divide in the country at large. Usually the cooperative societies are won by the party in power and they are an important source of patronage for local politicians.

While the cooperative elections may not be accurately indicative of the relative strength of the UNP and the SLFP in the villages, what it does indicate very clearly is the proportion of the SLFP base that has remained with the Joint Opposition. If some interpret the easy victories scored by the Joint Opposition as being due to the electoral list not being updated and the present members being SLFP/UPFA types, then the fact that this constituency votes overwhelmingly for the Joint Opposition may be an indication that the vast majority of the SLFP voter is still with Mahinda Rajapaksa and the Joint Opposition.  With all these danger signs, it will be a foolhardy exercise indeed for the SLFP Sirisena faction to go it alone.

In addition to all the risks above, there is the very definite possibility that the people will regard this election as an opportunity to cast a protest vote against the government. In the past 32 months since this government came into power, they have managed to antagonize and alienate a remarkable number of people. Not a day has gone by without some protest or the other and most of them are multiple protests and demonstrations on a daily basis on issues which are not resolved by the government.  There is a pool of resentment building up in the country which could easily translate into a protest vote which will affect both the UNP and the SLFP Sirisena faction. As this is being written, a shortage of petrol has caused long queues outside petrol stations and all the angry people waiting to obtain fuel were blaming the government with the most often expressed sentiment being ‘the country is finished’. It would not be an exaggeration to say that this is the commonly prevalent sentiment in the country about the present government.

The possibility of a protest vote

This is the sentiment that sustains the Joint Opposition. One must not under-estimate this factor. The Joint Opposition is in fact a political miracle. The only thing that sustains it is the pool of resentment against the government in the country. In one sense, the Joint Opposition is a continuation and an extension of the polarisation that took place at the 2015 January presidential elections. It continues to exist without a party structure to keep it together. It’s leader Mahinda Rajapaksa is not the leader of the opposition nor does he head a political party. He is simply a member of parliament of a party which is headed by someone else. For nearly three years, he has been consistently supported by a determined group of MPs who never wavered despite the second defeat of August 2015. The one belief that sustains them being that firstly, the people have a visceral dislike for this government and secondly that this government will last only for the duration of President Sirisena’s fortuitous presidency and not beyond.

The sentiment that sustains the Joint Opposition against all odds could become the key factor at this election.  In fact the Joint Opposition is counting on being able to turn this local government election into a referendum of sorts on the government’s near three years in power. However the SLFP by contesting separately is trying to cash in on party loyalty. This goes against the trend that Maithripala Sirisena himself established in January 2015 where party identities and distinctions are thrown overboard in pursuance of a different cause. Is it not the case now that there is at least as much grounds as in January 2015 for the people to polarize on the basis of being pro or anti government? The May Day rallies and the cooperative elections give some indication as to the manner in which the political divide has developed since the new government came into power. So the SLFP’s attempt to appear in sheep’s clothing for the election may not produce the desired result.

However, there is the fact that even though a tie up between the UNP and the SLFP for the election will be the wisest course of action, the practical difficulties in implementing such a plan will be so great that the SLFP has no option but to don grandma’s nightgown and hope that the voting little Red Riding Hoods will not notice the difference. Simply trying to share the local government wards among the partners will be an exercise that that will never get off the ground. At the ground level, the UNP activist base is so disappointed with this coalition arrangement that had delivered nothing to them that there is zero tolerance for any further suggestions of a tie up which will entail UNP candidates having to step aside to accommodate SLFP candidates. Besides, there is the fact that some potential UNP candidates may have to step aside to accommodate the candidates of regular allies of the UNP like the SLMC and the DPF. In the past, outfits like the SLMC and the DPF were allies of the UNP only at the parliamentary level. At the local government and provincial council level they were in the habit of contesting separately which means that at the LG level there will be considerable angst among UNP activists who will have to make way to accommodate their allies. If the SLFP candidates are added to this, there will be a whole lot of UNP activists denied nomination.

UNP fly in spider’s parlour

Making way for the candidates of minority political parties will be such a wrenching experience for the UNP that it is not feasible to even think of accommodating the SLFP. There is another factor in all this which the UNP has not taken into account. It is a well-known fact that minority political parties like the SLMC and DPF are not really interested in the welfare of the UNP but their own interests. Both those parties have carved out a niche for themselves by poaching on the UNP’s minority vote bank. If they agree to break with their long established practice of contesting separately at local government and provincial council elections in order to contest on the UNP list, that will not be due to purely altruistic motives of bailing the UNP out. This election will have to be fought on the basis of wards which are assigned to candidates. The SLMC and the DPF will naturally ask for their candidates to be nominated for the wards they dominate.

Once such wards are assigned to the SLMC and the DPF, the UNP can kiss those wards goodbye – they will never again be UNP. The poaching that the SLMC and DPF did earlier will be taken to a new level at this election. Earlier only voters were poached from the UNP now whole territories and constituencies (wards in this case) will be poached from the UNP. Furthermore at this LG election, each party will have to nominate women for 10% of the total number of wards in each local government area. If the SLMC, DPF, JHU and the Sirisena loyalists in the UNP (and more besides) contest on the UNP list at the forthcoming LG polls, guess who will have to nominate the 10% of women candidates from the wards? In everything that the UNP did since the end of 2014, they were left holding the short end of the stick and that is what is going to happen this time as well. The UNP does not have 10% female candidates for the wards at present. They will have to appoint new women candidates to the wards to meet the legal requirement and push out activists already working in the area as a result.

Thereafter they will have to apportion the remaining wards to members of the smaller parties contesting in an alliance with them and in such cases, the minority parties will specify which wards they want. Because it would be necessary to maximize the impact of having allies, the UNP will be constrained to give the minority parties the wards they want. Once the UNP allocates wards for female candidates and their allies, what is the UNP proper going to be left with? Come nomination time there will be a lot of angry UNP activists in the country.

It seems like Christmas is going to come early this year for Maithri Gunaratne and Shiral Laktilleke who formed the United National Freedom Front this year with the unexpressed but obvious idea of providing a political platform for UNP dissidents. In the coming few days, two events that could have far reaching and unforeseen consequences could be the summoning of the Prime Minister to the Bond Commission and the rumours of a possible political coup by President Sirisena in order to form an SLFP government before the local government elections with inside help from the UNP. The summoning of the PM before the bond commission with an election in the offing will generate its own political vibes. A CBK style (2004) sacking of the PM on the eve of the elections for President Sirisena to be able to unify the SLFP would seem to make political sense to him, but it’s doubtful whether such a course of action will enable Sirisena to win that election. Suspicion about him is deep seated within the pro-Mahinda group. If he betrays RW in the same manner that he betrayed MR in 2014, that will only confirm him in the eyes of the public as a serial betrayer who has no loyalty to anyone but himself. The manner in which he has already betrayed the UNP voter who provided over two thirds of the votes to get him elected is not lost even on opposition types.

Federalism – Why?

November 5th, 2017

Laksiri Warnakula

‘Making a mountain out of a mole is a lot easier than bringing a mountain that has grown high, far and wide down to the size of a mole’

Our politicians have never understood this, either because of their stupidity or their greed for power and personal gains. I for one, would put my money on the later.

The emergence of LTTE followed by its growth to a point, where they could or were confident enough to take on the whole defence force of the country, is a classic case in point.

Politicians, who keep clamouring about making our country a federal state must not compare it to other countries that have such governments, which are supposedly doing fine there. And they should not be audacious enough to assume that such a model would work in Sri Lanka too.

And even though times have changed and progress can only be made by keeping up with the times wisely, it doesn’t mean that we should do it as if trying to keep up with the Joneses! and go along with the wishful thinking that it would work.

We think differently, have our own values, histories, customs and many more that have existed for many centuries. What needs to be done is to promote understanding of these values and the rest amongst all communities as best as it is humanely possible. We can throw the outdated away, educate the people where necessary and promote only what is best for the people of the country.

By the way, what exactly are the problems that the Tamils of Sri Lanka have today that can only be sorted out by making it a federal state? Can someone please enlighten me? However, the Tamil leaders do have a problem. They may still carry pamphlets and leaflets in their pockets with the LTTE emblem on the front covers and some are even bold enough to let them be seen in public and even photographed. They probably even dream in their sleep of an Eelam too. They seemed to have placed themselves at the beck and call of the Tamil diaspora, who fuel the drive, to say both literally and metaphorically, for a federal status.

Hacking and removing all that is rotten on the bark is one thing. Yet cutting up the core is another. It will kill the tree in the end.

Copying a ready-made template from somewhere else and pasting it on our own land could end up in disaster or even disintegration of Lanka, in the end!

YAHAPALANA AND THE UNITED STATES OF AMERICA Part 5

November 5th, 2017

KAMALIKA PIERIS

This essay looks at the current relationship between Yahapalana government of Sri Lanka and the United States of America. From a triumphal, highly visible start in 2015, with prominent visits by Secretary of State John Kerry and other high ranking officials, the USA has now decided to go into low profile. Visits from US officials are continuing but without much publicity.

Alice Wells, US Assistant Secretary of State for South and Central Asian Affairs was in Sri Lanka in August 2017. She met with government officials, business leaders and civil society representatives to discuss US cooperation in the region. Wells joined a candlelight vigil at Vihara Maha Devi Park, to mark the UN Day of the victims of Enforced Disappearances. She was accompanied by US Ambassador in Colombo Atul Keshap. She was joined by the top representatives of the Tamil National Alliance

Prime Minister Ranil Wickremesinghe paid a quiet visit to New York in June 2016. The reason given to the Sri Lanka public was that Wickremesinghe was visiting New York for medical purposes,   though he had been examined and cleared fully in Singapore. The reality was that he was meeting two officials from the White House, ‘who would represent President Donald Trump.’ Wickremesinghe was also scheduled to address the United Nations Ocean Conference. You cannot drop in on such conferences and deliver addresses. The schedules are arranged months before. This indicates that the visit was planned well ahead.

New information on US involvement in the internal politics of Sri Lanka is greatly welcomed by an eager public. The US Embassy is heavily involved in the internal politics of Sri Lanka, said the media in 2016. The previous US Ambassador Michelle Sison was openly talking politics at embassy functions and she was one of those who were adamant that the candidate to challenge Mahinda Rajapaksa should not be a UNP candidate but a common candidate, reported the media in 2016.

US intervened at two presidential elections, in January 2010, and January 2015 in a bid to defeat war-winning President Rajapaksa, observed Island in October 2017. The US has been so keen to remove Rajapaksa; it played the central role in bringing in the TNA into the UNP-led coalition that included the JVP, on both occasions. The US succeeded in its second attempt concluded Island.

Shamindra Ferdinando said in his regular column that according to US State Department financial report for 2016, the US has invested USD 585 million in 2015 in three countries, including Sri Lanka.  The money had been spent by the State Department under the subject ‘Democracy, human rights and governance’. Although the report refrained from specifying projects funded by the State Department, former Secretary of State John Kerry wrote in the foreword that ‘we have supported important democratic gains in Sri Lanka, Nigeria, and Burma’. Kerry also stressed that ‘in an era of diffuse and networked power, we [the US] are focusing on strengthening partnerships with civil society, citizen movements, faith leaders, entrepreneurs, innovators, and others to promote democracy and good governance and address gender-based violence [in these countries]’.

Hasina Leelarathna, former Times of Ceylon journalist, found that USAID had given US 3.4 million to the Yahapalana 100-day administration, as funds were urgently needed, with the August 2015 parliamentary polls looming ahead.  This had come from the US Complex Crises Funds which had been directed to make USD 40 million available to support governance, rule of law and economic reform in Sri Lanka.  Leelarathna had obtained the information through America’s Freedom of Information Act.

But the most explosive information of all came the other day from UPFA Kandy District MP Keheliya Rambukwella. Keheliya told Island ‘there is no point in debating the interim report of the Constitutional Assembly Steering Committee as the final draft of the new constitution has already been prepared by the US and given to the government.  A group of Sri Lankan MPs including me visited the US recently. We were attending a Congress meeting on Sri Lankan affairs. David Price, a US Congressman,   told us that the US had prepared the final draft of the new constitution and sent it to the Sri Lankan government. He said almost everybody had accepted the draft except a bunch led by Mahinda Rajapaksa. Then, I told Price that I was one of the members of that bunch’, concluded Keheliya.

A US Senate committee has opposed Trump Administration’s proposal of a drastic 92 percent cut in American aid to Sri Lanka.  The cuts are mostly from accounts that have supported programmes to promote the rule of law, democratic reforms, post-war reconciliation and related efforts, said the Chairman of House Foreign Affairs Sub Committee on Asia and the Pacific. These programmes are cost-effective ways to contribute to Sri Lanka’s transformation, while pursuing a partnership and a strategic lead in an important country, he said.  The Committee expressed concern over this massive cut in US aid to Sri Lanka.

The Senate committee said that Sri Lanka is strategically positioned along key shipping lanes.  Given the geostrategic importance of the country, the Committee does not support the President’s budget cut for Sri Lanka. The Committee seeks USD 43 million for Sri Lanka. This includes USD 35 million as economic support fund, USD 6.8 million for non-proliferation and anti-terrorism and USD 500,000 in foreign military financing and an equal amount for training of military personnel.

The US has got into several critical  sectors  that affect the future of Sri Lanka .They include Sri Lanka ‘s economy, Sri Lanka ‘s Parliament and Sri Lanka ‘s armed forces. ‘We want to see Sri Lanka as a truly democratic, prosperous, happy and reconciled country in the future,’ US said. Let us look at how they are doing this.

House Democracy Partnership of the US House of Representatives has launched a Collaboration Agreement with the Parliament of Sri Lanka.  Speaker Karu Jayasuriya signed for Sri Lanka .The purpose was to strengthen partnership between the two legislatures. The collaboration between the two legislatures is based on the principles of facilitating the exchange of information on the legislative systems of each country, sharing knowledge, and offering consultations on effective legislative management; and cooperating and assisting each other through training programs for the members and staff of the legislatures, said USA

The House Democracy Partnership   is a bipartisan, twenty-member commission of the U.S. House of Representatives.  It works with partner countries to develop accountable, effective and independent legislatures. Partner states are eligible to participate in training seminars for staff, peer-to-peer exchange programs with the U.S. House of Representatives and receive capacity building assistance in critical areas such as constituent relations, legislative oversight, committee operations, and research and library services. The House Democracy Partnership is currently implementing projects in Afghanistan, Myanmar, Colombia, Georgia, Haiti, Indonesia, Iraq, Kenya, Kosovo, Kyrgyzstan, Lebanon, Liberia, Macedonia, Mongolia, Pakistan, Peru, Timo-Leste and Ukraine.

Sri Lanka is also participating in another US project, ‘Strengthening Democratic Governance and Accountability Project’ (SDGAP). This is a project for the reform of Sri Lanka’s public sector. It has been costed at USD 13.7 million. The US has selected Development Alternatives, Inc (DAI) of Maryland, to implement the project. DAI would work closely with the Parliament, Independent Commissions and related ministries. USAID allocated USD 3 million for the project in September 2016 and the program was launched in November 2016.  SDGAP was subject to the laws and regulations of the United States, with oversight from USAID’s Office of Inspector General.

SDGAP project will help the Government of Sri Lanka to increase transparency and accountability, advance good governance reforms, and strengthen systems and processes for public accountability, financial management, policy development and implementation. It also supports the government to strengthen communication with citizens, include the public in policy-making, and increase the participation of women in political processes.

Then there is the US / Sri Lanka Partnership Dialogue, a regular policy consultation designed to discuss and identify opportunities for cooperation across the full range of bilateral and regional issues. The Partnership Dialogue demonstrates the consolidation of cooperation between the United States and Sri Lanka and serves to further strengthen and enhance bilateral relations in the widest sense, through regular and structured engagement, said the US. US Under Secretary for Political Affairs Ambassador Shannon is scheduled to visit Sri Lanka in November 2017 to take part in the next round of the Partnership talks.

In December 2016, Board of Directors of the U.S. Government’s Millennium Challenge Corporation (MCC) selected Sri Lanka to develop a Compact.  The Compact was a five-year grant program, with the Government of Sri Lanka that aims to reduce poverty and promote economic opportunity for Sri Lankans.

MCC announced Rs. 1.1 billion ($7.4 million) in funding to Sri Lanka to support the development of the Compact, including identifying and analyzing specific projects for potential investment. The country became eligible for assistance after passing 13 out of 20 indicators on MCC’s policy scorecard. MCC is an independent agency working to reduce global poverty through economic growth. MCC’s grants and assistance to Sri Lanka is an immense contribution to its efforts in advancing good governance, fighting corruption and in the protection and promotion of human rights, said admirers.

A delegation from the MCC visited Colombo in July, 2017, to advance progress on the development of the MCC compact. Sri Lanka will receive approximately USD 700 million within a period of 5 years from the US to invest in three priority areas such as policy stability, access to land and transport.

Yahapalana has established a project management unit, the “Sri Lankan Compact Development Team”, within the Prime Minister’s Office, to work with MCC on the Compact. The goal is to develop a high-quality, evidence-based and sustainable compact aimed at addressing these economic challenges in a way that drives growth and reduces poverty. MCC holds partner countries accountable through rigorous oversight, monitoring and evaluation.

A 3 year economic plan for Sri Lanka, put together by a team of foreign and local experts led by Harvard university academic Ricardo Hausmann,  was presented at Sri Lanka Economic Forum, January 2016.  It was funded by the Open Society Foundation of George Soros.  Soros was also one of the main participants along with Harvard’s Joseph Stieglitz. Local economists and social scientists dismissed the plan. The analysis was defective, they said. The plan showed no understanding of the country needs. Hausmann has offered no sound policy alternative to Sri Lanka problems. He has used Venezuela as an example Stieglitz was no better.  The media also observed that there were two teams heading to Harvard for a Harvard study programme, each unaware of the other, one from PMs Office and the other from the Finance ministry.

Trade connections fared better. This is an auspicious time for American firms to do business in Sri Lanka, said the US embassy in Colombo. United States and Sri Lanka will engage in more business together. American firms are eager to do business in Sri Lanka and the US Government is engaged in ways to increase bilateral trade between the two countries. Sri Lanka will become closer friends and will do much more business together, said Deputy Chief Hilton Speaking at the Annual General Meeting of the American Chamber of Commerce in Sri Lanka.

Assistant U.S. Trade Representative Mark Linscott visited Colombo in September 2017 and encouraged the Government of Sri Lanka to implement policies that will increase trade and improve the business climate.    He brought up the current one-year limit on residence visas as a barrier to foreign investment  and was told  Yahapalana  government will be lengthening the duration of residency visas to three years, U.S. firms will then migrate to Sri Lanka.  As they do, Sri Lanka will be able to import more high quality U.S. goods.  We are all contributing toward a Sri Lanka that is more inclusive, more just, more peaceful, and more prosperous.  And, through our hard work, the United States and Sri Lanka will become closer friends and allies and will do much more business together.  We will all benefit, concluded Linscott.

A five member USAID team led by Davnie Eston arrived here and mapped out ways and means in which USAID could collaborate on ventures of the Ministry of Industry and Commerce. We are empowered to work with the private sector” said USAID. USAID was also asked to improve the soft skills of Lanka Sathosa personnel to match the country’s competitive retail market environment. The U.S. Department of State’s Export Control and Related Border Security (EXBS) Program and the World Customs Organization (WCO) trained 34 Customs Officials from Sri Lanka in strategic trade controls enforcement in September 2017.

The US government through its development agency, the United States Agency for International Development (USAID) along with the business leaders and the Sri Lankan Government launched the ‘You Lead’ in October 2017. ‘You Lead’ is a new employability and skills development project with a US investment of USD 12 million. The project is intended to create a more market-oriented, skilled and flexible youth workforce. To help young Sri Lankans between the ages of 16 and 35 to become more competitive in the labor market. You Lead’s regional focus is on the provinces with the highest youth unemployment, Sabaragamuwa, Central, Southern and Northern Provinces. The project also aims to foster increased opportunities for self-employment by improving the skills of young entrepreneurs and working with financial institutions to encourage more lending to youth-led start-ups.

Now we turn to warfare. There are increasing naval links between the Sri Lanka navy and US navy. The U.S. Navy and Marines and Sri Lankan Navy and Marines launched the annual Cooperation Afloat Readiness and Training (CARAT) exercise in Trincomalee in October 2107.  US navy said ‘it was pleased to add Sri Lanka to our list of CARAT partners in 2017 as part of our larger efforts to expand both bilateral and multilateral maritime security engagement across the Indo-Pacific region.’

CARAT Sri Lanka 2017 is part of a series of bilateral CARAT military exercises between the U.S. Navy and the armed forces of Bangladesh, Brunei, Indonesia, Malaysia, Singapore, Sri Lanka, the Philippines and Thailand.  U.S. Navy participation in CARAT Sri Lanka 2017 include Commander Task Group 75.5, Coastal Riverine Group 1, Underwater Construction Team 2 and U.S. Marines with Fleet Antiterrorism Security Team Pacific

The week-long exercise focused on maritime security skills and operational cohesiveness among participating forces.  CARAT training encompasses small boat operations, evidence collection, diving procedures, and anti-terrorism security.  It also builds relationships between military participants through community development projects, sports, and social events.

Robert Hilton, Chargé d’affaires of the U.S. Embassy in Sri Lanka, noted at the time  that, ‘as the Government of Sri Lanka continues to make progress on reconciliation, justice, and human rights, cooperation between our militaries will continue to grow to include further opportunities like this.   CARAT is entering its twenty-third year, and Sri Lanka is among the newest CARAT partner nations, demonstrating a shared commitment to maritime security in the Indian Ocean.’

USA’s Nimitz Carrier Strike Group visited Colombo in October 2017. These carriers are used for offensive operations. The Group included the USS Nimitz, the cruiser USS Princeton, destroyers USS Howard, USS Shoup, USS Pinckney, and USS Kidd. USS Nimitz is a super carrier of the United States Navy, and the lead ship of her class. It is one of the largest warships in the world. It is more than 23 stories high from the keel to the top of the mast and is approximately 333 meters long.  It can accommodate more than 5,000 personnel.  This was the first aircraft carrier to visit since1985. It was parked 150 nautical miles off Colombo.

The visit was given a PR look. I’m delighted that U.S. sailors will have the chance to visit Sri Lanka, meet with its wonderful people, and take part in public service activities at schools, hospitals, and rest homes that will improve the lives of Sri Lankans of all ages,” said the U.S. Ambassador to Sri Lanka. While in port, sailors will also work with local non-profit organizations to support community service events at a local hospital, an orphanage, and other sites.

The local media   kept very quiet about this visit. Foreign newspapers did not.   Asia Times had a paragraph on the event, starting with the headline, ‘US sends super carrier USS Nimitz to Sri Lanka in flag-showing visit aimed at China’.  This is what Asia Times said.

‘The US Navy, against a backdrop of quickening relations between Sri Lanka and China, is sending the USS Nimitz to make the first port call by a US aircraft carrier to the Indian Ocean nation in more than 30 years. The huge carrier will dock in Sri Lanka’s port of Colombo on Saturday for three days, in the first such visit since the mid-1980s. USS Nimitz and its escorting warships are currently one of three US carrier strike groups operating in the western Pacific. The show of force is a US response to continuing tensions with North Korea over its nuclear weapons program. The Nimitz’s flag-showing exercise in Sri Lanka also seems designed to counter a growing Chinese presence in the strategic nation’.

The 7th Fleet of the US Navy however appears to be accident prone.  In August 2017, the guided-missile destroyer USS John S. McCain, smashed into a tanker as the warship headed to Singapore, tearing a huge hole in the hull. The collision killed 10 sailors and injured five others. Another destroyer, the USS Fitzgerald, had collided with a Philippine-flagged cargo ship off Japan in June, leaving seven sailors dead. Two non-deadly incidents also occurred in 2017. In January, the USS Antietam ran aground near its base in Japan and in May, the USS Lake Champlain collided with a South Korean fishing vessel. Following the USS McCain incident, the Navy sacked the Commander of the Seventh Fleet and three top commanders. Several other officers and enlisted sailors were relieved of duty or reprimanded.

USA has now started to make its future military plans clear to those listening in Sri Lanka. At the Galle Dialogue 2017, Admiral Scott Swift, Pacific Fleet Commander said they look forward to the expansion of our military to military relations. It was necessary to build trust and cooperation to address multilateral challenges. With [certain] realities creeping into the Indian Ocean, maintaining the Indian Ocean as a sea of tranquility seems increasingly problematic.

Addressing the 3rd Annual Colombo Air Symposium, October 2017, United States Air Force Major General James Eifet called for increased partnership and information sharing among nations in the Indo-Pacific region in the face of a nuclear threat from North Korea. It was not only USA, the Republic of Korea and Japan who were at risk from a possible missile attack but also other countries in the region. Sri Lanka was also within the range of an attack by ballistic missiles from North Korea, he said.

Eifet also castigated China over its claims in the South China Sea. He said that the US considered China’s maritime claims as excessive and that it affected the freedom of navigation in the ocean. North Korea is the most urgent threat but we cannot ignore the threat of China in the South China Sea and the US is watching China carefully to consistently call upon China not to continue to build, reclaim and militarize disputed territories, as US flexed its muscles in the air and maritime domains it asked for greater partnerships with nations in the region. Strong partnerships enable us to advance collective interest including security, he said.

Shamindra Ferdinando observed that the US had twice commented on Sri Lanka-China relations, in an extremely negative way. One statement was made in Washington and the other in Colombo.

Alice Wells, Acting Assistant Secretary of State for South and Central Asian Affairs, in the second week of Sept 2017, declared in Washington, the US was seriously concerned over what she called unsustainable debt burden on Sri Lanka due to non-concessional loans from China. She had told a Congressional Sub Committee, China is providing non-concessional loans that promote unsustainable debt burdens, which I think are increasingly now of concern to the Sri Lankan people in the government. In Sri Lanka, we’re the largest grant provider of assistance. China is providing non-concessional loans that promote unsustainable debt burdens, which I think are increasingly, now of concern to the Sri Lankan people in the government. But what we bring to our relationship are multiple tools, she concluded. US grants are channeled primarily to NGOs working to the US agenda, observed Shamindra.

Rear Admiral Donald D. Gabrielson, of the US Navy, declared at the Galle Dialogues 2017 that every country should be cautious when working with China for want of transparency in certain engagements. The Rear Admiral was responding to a query regarding Chinese presence in the region, particularly Sri Lanka. Many an eyebrow was raised when Rear Admiral Gabrielson spoke ill of China, in Colombo, said Shamindra.

This created a reaction, at least among the readers and columnists of the media. Shamindra Ferdinando in his regular column stated If not for China, Pakistan and Russia, Western powers and India would have had isolated Sri Lanka in Geneva during the Rajapaksa administration. Their support had been special because they also provided military hardware, as well as much required training. China provided a range of arms, ammunition, equipment, aircraft, as well as artillery, on loan schemes. Chinese manufactured T-56 remains the standard assault rifle in use among armed forces here.

Shamindra went on to say, China provided jet planes to Sri Lanka in spite of Indian and Western pressure.  When the No 5 jet squadron was created in 1991, the Air Force had sought Chinese manufactured A 5s, capable of carrying a higher payload, external pressure compelled China to provide F7s. But Air Force pilots had to be sent to Pakistan to receive training in jet ground attack maneuvers as the Chinese weren’t prepared to share experience and knowledge.

Air Force   acquired four F7 GS jet interceptors on a soft loan, in June 2007. In Sept 2007, the Air Force acquired Chinese JY 11 three dimensional radar (3D) though India had strongly opposed such deployment. Unfortunately, Several LTTE ships hunted down had also carried weapons and ammunition of Chinese origin. Sri Lanka government had to request China to take tangible measures to prevent the LTTE from acquiring weapons with the help of corrupt officials.

A final comment on the United State of America. USA is continuously confronted with its unattractive past. 39 recently declassified US Embassy documents covering the period from 1964-1968, have revealed that the US government had intimate knowledge of the Indonesian army’s bloody anti-communist purge in the 1960s. Historians say up to 500,000 alleged Indonesian Communist Party [PKI] supporters were killed between October 1965 and March 1966 by soldiers and civilian militias after the army launched a campaign to crush the Indonesian communist party and its leaders following a failed coup. General Suharto, who put down the coup, blamed the Indonesian Communist Party and rose to power on the back of the bloodshed, going on to lead the world’s most populous Muslim nation with an iron fist for three decades.

During his rule, the massacres were presented as necessary to rid the country of communism – Indonesia had the world’s third-biggest communist party after China and the Soviet Union before the killings. The declassified documents show how American officials across the archipelago knew of the massacres, including the complicity of prominent Muslim civil society groups in the killings. In one telegram sent from the city of Surabaya on November 26, 1965 the US consul said the number of reports coming in from East Java were an indication [of] widespread slaughter” adding as many as 15,000 Communists may have been murdered in a single massacre. (CONCLUDED)

Female Genital Mutilation: A Woman’s Right to Reject it over Religious Cultural Rights

November 5th, 2017

Shenali D Waduge

Why was Sharmila Seyyid’s invitation to the Tamil Literature Conference revoked? Simple answer is because she spoke openly against the prevalence of female genital mutilation among the Muslim community. We are boasting of democracy but the reality is that this lady who was officially invited to speak at the conference had her invitation cancelled because of influence by Muslim men in the organizing committee who supported FGM! So much for transparency in literature! Sharmila’s research on FGM is extensive and covers Muslim communities living in Mawanella, Akurana, Batticoloa, Ampara, Trincomalee and Puttalam with a child no more than 40 days old becoming victim to the blade! Muslim ladies should not be afraid to come out and go against new religious cultural trends that are harmful to women’s bodies.

It is surprising that while some Muslim women are averse to FMG there are some Muslim ladies who promote it. Why? Many of those who promote it believe it is part and parcel of being a Muslim? How right are they and if so why does it have to be carried out in secret even from a father? The other Muslim women against it believe it is a cultural insertion and has nothing to do with being Muslim. Two schools of thought in conflict no doubt. The health experts in WHO say that FGM can have serious health impacts on women years later. According to WHO it is a violation of a child’s right to health, security & physical integrity.

The All Ceylon Jaamiyathul Ulema issued a fatwa in 2007 stating it is obligatory for Muslim women but for some strange reason removed it from their website. However, the attached document given below is proof they issued it (it is in Tamil). The fatwa however still stands and local Muslim women are obliged to get themselves circumcised because of it. In fact, they could be forced to be circumcised since it is from the highest religious authority of Sri Lankan Muslims. We reliably learn that Non-Muslim women who marry Muslim men are also forced to endure the operation as adults, often without anaesthetics.

The recent article FGM raises its ugly head in Sri Lanka with Kerala Support by Bintari Hamza Zafar is important for many reasons as FGM is now being promoted with involvement of Islamic clerics in Kerala, India. A wholly wrong and distorted campaign is being promoted that women who do not practice FGM are unclean and likely to spread AIDS and other diseases. If that be so then all non-Muslim women should be suffering from AIDS! According to Bintari the practice is being openly promoted by female and male Islamic scholars at Wahhabi Arabic Ladies Colleges for Muslim girls in Malwana and Kal-Eliya. This type of extremism is totally against the cultural fabric prevalent in the country and is promoting extreme forms of religious cultures that are detrimental to the wellbeing of females.

An Indian NGO by the name of Sahiyo has exposed how the practice in Kerala is targeting poor and lower middle class Muslims. This type of ritual is common in Saudi Arabia, Egypt and parts of the Middle East but in this day and age should we be following such tribal cultures?

https://sahiyo.com/2017/08/14/female-genital-cutting-is-being-practiced-in-kerala-too-sahiyo-investigation/

http://newsable.asianetnews.com/kerala/female-genital-mutilation-widespread-agents-available-online-tvm?cf=related

One wonders why there is a concerted effort to have Muslim women circumcised and that too by extremist Islamic religious scholars. What is confusing is that there are Muslim scholars who say that it is more of a cultural thing than a religious thing, Others who are extremely religious say it is an obligatory duty which every Muslim woman must go through. Yet no one is courageous enough to pinpoint the dangers and risks involved for the women both physically and mentally. Should these factors not be taken up for discussion first. A woman’s body should not have to go through any torment or torture just to satisfy the ideological beliefs of men who are following religious traditions without questioning the essence and the logic behind the call.

 


Shenali D Waduge

 

MICROSCOPIC MINORITY CONTROLS CEYLON’S EDUCATION

November 4th, 2017

By L. H. Mettananda

Date: Circa 1954

The forces that are working today against the continuation of the Swabahsa medium beyond 8th standard are certainly not a mushroom growth. It is
possible to trace their origins to the very beginnings of British rule in Ceylon. Just as the Kenya Government while engaged in the campaign to
oust the Kenya Africans from the more fertile and more salubrious part of the country has found it necessary also to wipe out the tradition, language
and culture of the Kenya Africans which bound them to their ancestral lands and has begun to work through the Christian missions and churches”, even
so the British Government in Ceylon entrusted the education of Ceylon children to the Christian church through the ecclesiastical Department which existed from the beginning of British rule until the year 1871 and thereafter continued to shower favours on the Christian Schools in a more subtle and surreptitious manner. This change of strategy was resorted to owing to the fact Buddhist and Hindu Schools began to put in their appearance for the first time under colonial rule.
These two school organisations (a) Christian (b) Buddhist-Hindu from the stand point of their objectives are diametrically opposed to each other.
Organisation (a) created a civil army and garrison every where which was more important even than the military army of occupation” – stooges of the
British Government, who were loyal and became more loyal by becoming converts to Christianity. (Hansard). Organisation (b) was definitely a national organisation and it was especially concerned with the conserving of the national language and national culture, an activity that had to be carried out under the surveillance of the British raj.
How sharply these two educational bodies were once divided over the question of pursuing the study of national languages, not as a medium but as a subject of the secondary school curriculum can be seen from the illuminating evidence given by witnesses who appeared before the Education Committee of 1911 to 1912 that had been appointed to scrutinize the famous Bridges Report.
Heads of Protestant and Catholic Schools, Burghers and Europeans spoke against the study of national languages. Whereas the Heads of Buddhist and Hindu Schools as well as the prominent patriots of the day spoke in support.

CHRISTIAN SCHOOLS
St. Joseph’s College:
Rev. Fr L E Bouvier, O M I , Manager of Christian Schools, Colombo:- I think
that the study of the vernaculars ought not to be introduced at all into
English Schools.”
The very Rev. Fr C H Lytton:- (The vernaculars) will not be introduced into

St. Josephs’ College.”
St. Thomas’ College:
Rev. W.A. Stone, Warden:- (Vernacular Languages) have little educational
value in secondary Schools.”

St. Benedicts College:
Rev. Bro. Camillus, Director:- I do not consider the Vernacular Languages
to be of any value in the education of the classes which attend English
Schools.”

Prince of Wales’ College:
Mr J G C Mendis, Principal:- In English Schools the value of the vernacular
languages is practically nil, except for the illustration of diferences in idiom
or the elucidation of English words and phrases.”

Holy Family Convent, Bambalapitiya:
The Principal:- The introduction of the vernacular languages into the
English Schools can but prevent the pupils from acquiring a proper
knowledge of English. The pupils will be unable to speak English correctly,
and at the same time there will be an impossibility of organising the
teaching of the vernaculars.”

St. Aloysius’ College, Galle:
The very Rev. Fr. The Neut S.J.Superior: The vernaculars are not
educational.”

St. Anthony’s College, Kandy:
The very Rev. Fr D B Beekmeyar, O S B, Manager of Catholic Schools,
Kandy:- I do not think the vernacular languages should at all be introduced
into English Schools, whether elementary or secondary.”

Mr. C S Schveider President, L C P A:- The mature child in whose home
English is not spoken makes most rapid progress in speaking and writing
English correctly and with a correct accent when placed in a boarding
school, where the children are compelled to converse in English and
forbidden to converse in their own vernacular.”

Mr Francis Beven:- I am strongly opposed to the vernaculars being
substituted, either optionally or compulsorily, for the classical and modern
languages of Europe in the higher parts of the curriculum of secondary
schools. Their proper place is outside these schools.”

Mr G C Bliss :- Chairman of the Planters’ Association of Ceylon: As long as
young Englishmen of good birth and with public school and University
training are ready, as now, to come out to Ceylon and start Government or
Mercantile and estate life and the salaries they now do, it must appear a
very remote contingency that alteration in the education in schools would
lead to Ceylonese being preferred.”

Mr. Arthur Alwis:- The teaching of their (Vernacular) languages in the
secondary schools is of no educational value.”

BUDDHISTS & HINDU SCHOOLS
Ananda College :
Mr D B Jayatilaka:- An adequate knowledge of these (vernacular) languages
is an absolute necessity to get along successfully in the professions — the
legal, the medical and the clerical.”

Dharmaraja College,Kandy:
Mr. K.F.Billimoria, Principal:- Vernacular languages are really important for
the majority of Ceylonese.”

Mahinda College Galle:
Mr. F.L. Wooward, Principal:- My experience of boys who come to me from
schools where the vernacular is not taught is that they lack something. They
are not real, and seem to belong to neither one people nor the other.”

Hindu College, Jaffna:
Mr. G.Shiva Rao, Principal:- A study of the vernacular will better enable
the educated classes to reach the masses and to interpret the West to the
East.”
Category (a) under the aegis of the colonial regime, walked towards the
denationalisation of the anglicisation of their pupils and regarded the
national languages as subversive of this two fold object.

Category (b) in spite of official frowns aimed at bridge-building between
the children and their pupils culture. In the new set up, the two fold object
of category (a) is dangerous and must be immediately given up. On the
contrary, what the country needs today is more and more bridgebuildings
between education and the people. Therefore the objective of category (b)
is entitled to the highest regard of the entire nation.

Nevertheless, vested interests die hard. Yesterday, the die-hards of the
Christian minority opposed the study of Vernacular” languages in English
schools; today they are opposing the change over to Vernacular” languages
media beyond the 8th standard. This is the way the Christian minority who
now form about 9% of the population are determined to control the
education of the entire nation. Kenya Government may allow that kind of
thing to wipe out the language and culture of Kenya Africans in its attempt
to expel them from the better parts of their country. But in free Ceylon
giving the control of education to a microscopic minority cuts at the very
root of democracy.

Of course, the opposition of this minority to the switch over to national
language media beyond 8th standard is organised through self-appointed
bodies like the Ceylon Head Masters’ Conference, The Ceylon Head
Mistresses’ Association and the Ceylon Educational Association. All these
self-appointed hodies have high-sounding names. But the Ceylon Head
Masters’ Conference represents only 25 schools of which more than twothirds
are Christian Schools; the Ceylon Head Mistresses’ Association too
represents a similar number of girls’ schools and is predominantly Christian;
and lastly, the Ceylon Educational Association, a survival of colonial days;
representing Christian interests almost exclusively, dead some time ago, but
now mysteriously brought back to life – obviously to fight the last battle for
exclusive privileges for education in Ceylon. All these three associations
appear to follow as their model an exclusive body like the Colombo Club”
bearing a name that is democratic, but in reality an impregnable castestronghold
a little England, in which dogs and natives are not allowed.”

රටතුල නිර්මාණය වී ඇති පෙට්‍රල් හිඟය

November 4th, 2017

ඩී. ජේ. රාජකරුණා ලේකම්,ලංකා ඛනිජ තෙල් පොදු සේවක සංගමය

ඛනිජ තෙල් සම්පත් සංවර්ධන අමාත්යතුමා,
ඛනිජ තෙල් සම්පත් සංවර්ධන අමාත්යාංශය,
‘‘සිපෙට්කෝ හවුස්’’,
දෙමටගොඩ.

ගරු ඇමති තුමනි,

රටතුල නිර්මාණය වී ඇති පෙට්රල් හිඟය පිළබඳවයි 

මේ වනවිට රටේ බොහෝ ප්‍රදේශවල පිරවුම්හල් වල පෙට්‍රල් ඉන්ධන නොමැති වීම නිසා ජනතාව මහත් අපහසුතාවයට පත්ව ඇත.

අප වෙත ලැබී ඇති තෝරතුරු අනුව මේ සඳහා මුලික හේතුව වී ඇත්තේ මීට සති 02 කට පෙර LIOC සමාගම ගෙන්වන ලද පෙට්‍රල් මේ. ටො. 30000 ක් නියමිත ප්‍රමිතියට නොමැති වීම නිසා ගොඩබැම ප්‍රතික්‍ෂේප වීමත්, ඒසඳහා ආදේශික නැවක් පොරොන්දු වූ දිනයට ගෙන ඒම කඩාකප්පල්කාරී ලෙස පැහැර හැරීමත්, තෙල් සංස්ථාව ඇනවුම් කොට ඇති නැවක් ප්‍රමාධ වීමත්ය. 

එම අවස්ථාව ප්‍රයෝජනයට ගනිමින් අසත්‍ය ප්‍රචාර හරහා තෙල් අර්බුධයක් නිර්මාණය කොට ප්‍රතික්‍ෂේපිත නැව ගොඩ බැමට උත්සහා කරණ බවට සාධාරණ සැකයක් මතුවන්නේ එම නැව ත්‍රිකුණාමලය මුහුදේ තවමත් නවතා තිබීම තුලයි. 

මේ සියල්ල හමුවේ රටේ තෙල් අර්බුධයක් නිර්මාණය වුවද ඊළඟ නැව පැමිනෙන තෙක් අපහසුතා මැද වුවද පරිභෝජනයට ප්‍රමානවත් ඉන්ධන පවතින බවත් පැවසේ. නමුත් පැතිර ගිය කටකතා හා බෙදාහැරීම් ජලයේ අක්‍රමිකතා නිසා රටතුල මහත් අර්බුධයක් නිර්මාණය වී ඇති බව නොරහසකි.

LIOC සමාගම මෙලෙස අත්තනෝමතික ලෙස තීන්දු ගෙන රටේ ජනතාව අපහසුතාවයට පත්කිරීමට ඉඩදී රජය නිහඩව සිටීම ගැන අපගේ බලවත් විරෝධය ප්‍රකාශ කරමුග මෙයට එරෙහිව රජය ගෙනඇති පියවර වහා රටට හෙලිකලයුතුයග 

LIOC සමාගම ප්‍රතික්‍ෂේපිත නැව වෙනුවට නැවක් ලබා නොදීමත්, CPC ඇනවුම් කල නැව ප්‍රමාධ වීමත්, වැඩවර්ජනයක් පිළිබඳ රටතුල අසත්‍ය ප්‍රචාර පැතිරවීමත්, ප්‍රතික්ෂේපිත නැව ගොඩබැමට උත්සහා කිරීමත් අතර යම් සම්බන්ධයක් පවතී ද යන්න වහා සොයාබලන ලෙසත් මේ මුවාවෙන් බාලතෙල් රට තුලට ගොඩබැම වලකන ලෙසත් ඉල්ලා සිටිමු.

CPC ඇනවුම් කල නැව ප්‍රමාධ වීමට හේතු සොයාබලන ලෙසත් එම ප්‍රමාදය නිසා සිදුවන හානි පුර්ණය සඳහා සැපයුම් කරුවන්ගෙන් වන්දි ලබා ගැනීමට කටයුතු කරන ලෙසත් යෝජනා කරමු.

රටට අවශ්‍ය රක්‍ෂිත ඉන්ධන තොග පවත්වා ගැනීමට ප්‍රමාණවත් ගබඩා පහසුකම් නොමැති බව අප දිගින් දිගටම පෙන්වාදී ඇත. ඒ සඳහා ත්‍රිකුණාමලය ටැංකි 10ක් ලබාගනීමට අනුමත කැබිනට් තීන්දුව LIOC බලපෑම මත ක්‍රියාත්මක නොකිරීම මෙම අර්බුධයට ප්‍රධානතම හේතුව බව ප්‍රකාශ කරන අතර ඒ සඳහා රජය සම්පුර්ණයෙන්ම වගකි  යුතුය. 

LIOC සමාගම 20%ක  පමණ වෙළද පංගුවක් හිමි කරගනිමින් මෙලෙස රටටම බලපෑම් කරයි නම් ත්‍රි’මලේ තෙල් ටැංකි සම්පුර්ණයෙන්ම LIOC ට ලබාදීම තුල ඇතිවිය හැකි අනිටු ප්‍රතිපල පිළිබඳ අප අවධාරණය කරමු.

එමනිසා රජය වහා මැදිහත් වී LIOC සමාගමේ මෙම අත්තනෝමතික ක්‍රියා සඳහා නිසි පියවර ගතයුතු බවටත් රටේ ජනතාව අපහසුතාවයට පත් නොකොට ප්‍රමාණවත් රක්‍ෂිත තොග පවත්වාගෙන යාමට වහා ත්‍රි’මලේ තෙල් ටැංකි CPC යට පැවරිය යුතු බවටත්, අවධාරණය කරන අතර ජනතාව පත්ව ඇති අපහසු තත්වයන් ඉවත් කිරීමට කඩිනම් පියවර ගන්නා ලෙසත් ඉල්ලා සිටිමු.

ස්තූතියි

මෙයට,

ඩී. ජේ. රාජකරුණා 

ලේකම්,

Old Anandians’ Group of 99 Completes a Clean Water Project in Dutuwewa

November 4th, 2017

Old Anandians’ Group of 99 

Old Anandians’ Group of 99 recently completed a Water Purification Project in Dutuwewa a remote village, in the Anuradhapura district. The facilities that were provided to the village by the old Anandians include a water purification plant of 2000 liter capacity and two 1000 liter tanks for clean water storage and distribution.

The people in this area are facing with difficulties to find clean water leading to kidney problems among villagers. Although many people talk about the kidney problems in this part of the country, not many come up with solutions. Old Anandians’ 99 Groups, has implemented the water cleaning facility in the village so that villagers would benefit for a long time. The group has built the infrastructure and to make the project sustainable, they have trained and handed over the ongoing maintenance to the villagers themselves.  This project ran over 2 years and was completed with a cost of nearly 1 million rupees.
The project was well supported by the Maranaadhara Samithiya (Funeral aid society) of Dutuwewa.

A Medical Camp was also organized in the area parallel to the opening of the water project by the old Anandians. The Medical Camp held at Naagirikanda Raja Maha Viharaya in Kodiyabandawewa, Medawachchiya in the Anuradhapura district. Medical services were received by over 400 villagers comprising of 50 children and 70 expecting mothers. The services included checking blood sugar, laboratory blood checkup services, ECG, Ultra-sound scan and scanning services for pregnant mothers using modern machinery. In addition to tat, free medicine was given to all patients. All pregnant mothers received a nutrition pack consisting of food items and items required for a newborn. Sixty (60) deserving children received a set of school stationary each as well.

Sumanthiran of TNA says “ We are Sri Lankans , our dignity, our equality has been assured in this document and this is our document”.

November 3rd, 2017

By Charles.S.Perera

Because Sumanthiran says, We are Sri Lankans, our dignity, our equality has bee reassured in this documentthe interim report debated in the Parliament, and says  this is our document”, it is why we should all oppose this diabolic Interim report and stop it from being passed in the Parliament.

Despite all the opposition to it, if this Parliament  were to pass it with a two third majority,there  would be no  further use of this Parliament for our country therefore it should be bombed and raised to ground,  and build a memorial in the place  for Sri Lanka that was  the country of the Sinhala Buddhist people, which was offered to the Venerable Ananda Maha Rahathan vahanse by the King Devenapatis when Buddhism was introduced to Sri Lanka.

The mere pronouncement of throwing a bomb” is also being made a big issue by some Parliamentarians and those supporting  the interim report.

But it is a word used to express one’s pain and intense feeling of incapacity to act against the ignoble attempt to sell this country to the west and the Tamil extremists. It expresses the painful cry of those who love their motherland –Sri Lanka to convince those who can stop this disastrous document from being passed with a two third majority in Parliament to wake up to reality and come forward openly against it.

It is only the TNA Tamils, Tamil Diaspora, the USA and the West, the UN, and  all those who supported the terrorism in  Sir Lanka and go all out to punish Sri Lanka and the Armed Forces that saved the Country from division and destruction by terrorists that want this monstrous document called the Interim report heralding the writing of a Federal Constitution without calling it  Federal” passed with a two third majority in the Parliament.

The Tamils are again being helped, and pandered by the local forces lead by Ranil Wickramasinghe, Chandrika Kumaratunga, Mangala Samaraweera etc. that were also against the military operations to eliminate terrorism. The UNP Presidents even provided arms and ammunition to terrorists.  Ranil Wickramasinghe even  signed an illegal agreement with the terrorists-the CFA giving more power and security to terrorists, without the consent of the then President of Sri Lanka or the Parliament.

The EU Ambassador to Sri Lanka Tung Lai Marque (do not know of which nationality he is), has said speaking of the Interim report debated in Sri Lanka Parliament , that he hoped  the aspirations of the International Community in finding a political settlement  in the country would become a reality, even in the face of  a short sighted Opposition.

The Tamil wanted to destroy this country earlier in abncient times  as intruders, treasure hunters and finally settled  down with Tamil Chola King Elara in 205 before the current era. Then with Kalinga Magha the Tyrant  perhaps another Cholan Tamil with connection to Tamil Nadu, further destroyed  Sri Lanka chasing away the Sinhala Buddhists from Raja Rata, burnt our Buddhist temples and monasteries and settled down in 1215, until he was driven away by King Vijayabahu III in 1220.

It was thereafter in recent time we were again challenged,  after  the Grant of  independence from colonial rule , by the  vicious racist Tamils like GG Ponnambalam who  asked for a 13 percent of the Tamils,  equality with the Sinhala Buddhist majority . It was perhaps our Buddhist cultural tolerance and willingness to accept strangers in our midst and give them hospitality, which even the virulent Tamil racists like Wigneswran says that since independence there was genocide of Tamils.

We need  not look to developed West to see the minorities living in peace with the majorities without claiming fifty fifty or equal rights ,  because  in Malaysia a country not far away from Sri Lanka has a large  Tamil population who live with the  Malaysian majority sharing their rights and privileges without asking for equal rights and a separate region for themselves as the Tamils in Sri Lanka.

It was the fault of the Sinhala Governments since 1948 that have pandered to Tamils and the Muslims and allowed them to develop this desire to separate themselves from the Sinhala  demanding more and more rights and priviledges  for which they have no right being only a minority.

The Sri Lanka Tamils have been encouraged to demand  equal status with the Sinhala, by the monumental errors committed by the previous Sinhala Governments by allowing the Sinhala National flag to be mutilated by adding two strips of green and orange  to represent the minorities, allowing the Tamil language as an official language, and even allowing  the National Anthem to be sung in Tamil.

No where else in the world is there a sovereign state that has given equal rights to the minorities like it is being done in Sri Lanka . This Yahapalanaya government is today proposing to write a  new Constitution  to allow  Tamil Only Provinces in the North and East, separated from the control of the Central Government.

SWRD Bandaranaike saw it happening and proposed a one nation with one language , one flag and one national anthem as other independent sovereign states in the world , but we had again Kalinga Maghas in Chelvanayagams and Sundaralingams who shattered SWRD’s idea of a one country- one nation, which culminated in a ruthless terrorism for over 30 years.

We are today in this situation unable to assert our sovereignty, and build peace and security for a nation State of Sri Lanka through undue and illegal interference by the USA and the west  who are being prompted by the Tamil Diaspora which has become a political asset for the political leaders of the West.

Ranil Wickramasinghe  a member of the International Democratic Union, and a Member of the Montpelerin Society, married twice , and rejected 29 times by the people of Sri Lanka national elections, and elected by the President of Sri Lanka to be his Prime Minister under some agreement according to which Maithripala Siriena the President was lured  into being the common Presidential candidate of the united opposition to oppose Mahinda Rajapakse.

It is Ranil Wickramasinghe’s  proposal to fulfil an Agenda of the USA led West that Tamils are given more and  more privileges and political power soon to be equal to the rights of the Majority despite they being only a 13 percent of the population. Ranil is assisted  in this nefarious task by Chandrika Kumaratunga a member of National Endowment for Democracy nominally a private organisation but largely financed by the US:

…..The most common complaint is that the NED’s money only goes to support movements and politicians that fit into the United States’ foreign-policy objectives, regardless of whether those who receive the money engage in undemocratic campaigns. Most recently, the left assailed the NED for its indirect support of Venezuelan groups that were active in attempts to overthrow democratically elected President Hugo Chavez……”

http://www.slate.com/articles/news_and_politics/explainer/2004/01/bushaims_toraise_whose_budget.html

The  proposal of writing a new Constitution and the interim report now debated is the cerise on the cake” to give the Tamils a Federal Constitution with the word Federal removed”. This is again a move by Ranil Wickramasinghe with his UNP and the foot note writers and the JVP  the vociferous opponents of Mahinda Rajapakse. Any thing dangerous to Sri Lanka could be expected only from Ranil Wickramasinghe who signed the CFA  allowing the death of thousands Soldiers and civilians, and the JVP.

The man Lal Wijenayake who has apparently prepared the Interim Report now before the Parliament is a person who had wanted  to write a Federal Constitution to Sri Lanka without  the label federal”  as far back as in 1999, according to Eric Solheim’s book  To end a Civil War” . So we know what this Constitution would be and why Sumandiram jumped the gun, to call the writing of a new Constitution  and their accepting the Interim report a Historical Event.

Therefore it is all the more reason why the SLFP Memebers with the President Maithripala Sirisena re- examing their view with regard to the Interim report being debated in Parliament and vote against it to Save Sri Lanka.

If they do not pay heed to the call of patriots and vote for the interim report being debated in Parlieament  they will be traitors to Sri Lanka their mother country. The only Country the Sinhala people have to call that  it is their home land , only place where Sinhala is spoken  and where the words of the Compassionate Buddha were put down in writing.

YAHAPALANA AND INDIA Part  6

November 3rd, 2017

KAMALIKA PIERIS

At one time, relations between India and the United States were not good. In 2011 former Indian President Abdul Kalam was   searched twice at US airports. On one occasion airport officials had boarded the plane he was in and taken away the shoes and jacket he was wearing to screen for explosives.

When Indian Prime Minister Modi was to make his first visit to the USA in September 2014, the U.S. Federal Court of the Southern District of New York issued a summons against him regarding his alleged involvement in the 2002 riots in Gujarat. The summons charged Prime Minister Modi with committing crimes against humanity, extra-judicial killings, torture and inflicting mental and physical trauma on the victims, mostly from the Muslim community. This lawsuit was filed by the American Justice Center, a human rights organization representing two survivors of the violence of Gujarat 2002.

India-US relations started to improve thereafter. In 2015 US President Barack Obama paid two visits to India. India and US released a joint statement where they affirmed the importance of safeguarding maritime security.  The statement mentioned South China Sea for the first time. Earlier India had stayed away from the subject.

Indian Prime Minister Modi visited Washington in June 2017 and US and India signed a strategic energy partnership. In October 2017 India received its first ever shipment of US crude oil, 1.6 million barrels  imported by Indian Oil Corporation and arriving at Paradip port in Odisha state.

In August 2016, after nearly a decade of painstaking discussions, India and United States signed a Logistics Exchange Memorandum of Agreement and India was declared a Major Defense Partner of the United States. This Agreement allows for exchange of logistics support, supplies and services between the two countries’ armed forces. This includes food, water, fuel, spare parts, repair, transportation, communication and medical services.

India initially had strong reservations about this agreement.  India feared that this Agreement could lock their country into a formal and irreversible military alliance and push New Delhi into supporting U.S. conflicts, a move that could upset countries such as Russia and China and friendly nations in the Middle East. ‘We resisted this agreement for long because we didn’t want to give the perception that we are ganging up with Americans against somebody else, in particular China, said   Indian authorities.

United States took into account Indian concerns about being drawn into U.S. conflicts and tweaked the agreement accordingly. The agreement does not create any obligations on either party to carry out any joint activity. It does not provide for the establishment of any bases or basing arrangements,” said India.

US wants India to sign three Foundational Agreements.  The first, Logistics exchange memorandum (LEMOA) has been signed.  US now wants India to sign the other two, the Communication interoperability and Security memorandum Agreement (CISMOA) and Basic exchange and Cooperation Agreement (BECA) but India is reluctant.  India wants customized agreements which recognize its unique status as a ‘major defense partner’.  When you look at the intense military engagements planned, it is clear that the remaining two foundational bilateral agreements will eventually be signed, said analysts.

US has also been talking optimistically about the possibility of Indian and American warships carrying out joint patrols in the South China Sea. India has commercial interests in the area, such as oil and gas exploration in waters under the Vietnamese control, said US. Soon the naval vessels of the two nations will be steaming together. This will become a common and welcome sight throughout Indo-Asia-Pacific waters,” said the head of the US Pacific Command, confidently. India immediately ruled this out. There will be no joint patrols by the two navies, said Indian defense Minister, Parrikar.

India knows it lacks the strength for this sort of thing anyway. India’s enmity with Pakistan is still continuing. India is trying to obtain Predator avenger drones from US, so that they can hit Pakistan any where they wish. If India and China go to war, India will be simultaneously engaged in fighting on two fronts, hitting China on its left and Pakistan on its right.

India-US relations   are now developing into a deep commercial and strategic partnership, said analysts. USA has great expectations of India as a net security provider in Asia and as a priority partner in the Asia-Pacific and Indian Ocean region. India needs a reliable partner on the world stage. With our shared values and vision for global stability, peace and prosperity, the United States is that partner, said US Secretary of State Tillerson. The US is openly setting up India to counter China said analysts, bluntly.

USA wants to see the   US- India relationship develop into a strategic alliance in the ­Asia-Pacific and Indian Ocean region, said the US.  With our shared goals of peace, security, freedom of navigation, and a free and open architecture, the United States and India must serve as the eastern and western beacons of the Indo-Pacific, said Tillerson. The US link has also opened new relationships for India with Japan and Australia.

US is well aware that India has to be kept happy. India wants to be a permanent member of the UN Security Council. It has wanted this for years. USA wants to give India this. The way to do this, said Nikki Haley, US Ambassador to the UN, is to get India in without giving it veto powers. The permanent members of the Security Council have the ability to veto and none of them want to give that up. So, the way to get India on the Security Council is to avoid the veto, said Haley. Several countries are supporting India’s permanent membership in the Security Council. China is the only barrier to India’s membership to the elite Nuclear Suppliers Group added analysts.

But India has no intention of linking exclusively with the US. India has had military relations with Russia for a long time and India continues to be a key partner for Moscow.  India and Russia have conducted nine military exercises so far, under the name INDRA. They were conducted as single service exercises alternately between the two countries.

INDRA 2017” however, was different. It was the first tri-service bilateral exercise India has conducted with any of its foreign partners.  The very decision to have Russia as a partner for first ever trilateral exercise reflects confidence in a defense partnership that evolved over five decades, said analysts. This is also a reflection of familiarity with each other and the need to elevate strategic partnership to a new level.

The final planning conference meant to decide the modalities of the exercise took place between Indian and Russian delegations at Ussuryisk, Russia, in mid-September. It was mutually agreed to conduct the exercise from October 19 to 29 at Vladivostok in eastern Russia, which is not very far from Russia’s borders with China and North Korea. It will be focused on counter-terrorism tactics with the involvement of mechanized forces such as tanks and infantry combat vehicles, artillery guns, Indian Air Force (IAF) transport planes and naval anti-submarine ships and Special Forces personnel. For the first time there will be large scale participation by India’s Navy, Army and Air Force.

The exercise will take place at three locations in this area: Sergeevsky 249 Combined Arms Training Area, Cape Klerk and Peter the Great Bay in the Sea of Japan. A 350-strong army contingent from different combat arms, infantry, artillery and armor, will participate in the exercise. Tanks and BMP infantry fighting vehicles will be provided to the Indian Army for the exercise in Russia. Two IL-76 military transport aircraft of Russian origin and two Indian Navy ships INS Satpura, a multi-role frigate and INS Kadmatt, an anti-submarine corvette, will also participate in the exercise. The Indian Navy contingent will also include Chetak Search and Rescue helicopters and MARCOS.

This first joint tri-service exercise with Russia was held as planned in October 2017. The Indian Defence Ministry, in a statement, said this 10-day mega war game will serve towards strengthening mutual confidence and interoperability as well as sharing of the best practices between the armed forces of both the countries. This exercise will be a demonstration of the increasing commitment of both nations to address common challenges across the full spectrum of operations.  INDRA 2107 will be a landmark event in the history of Indo-Russian defense cooperation.

Now let us turn to India-Sri Lanka relations. India was the first port of call for President Maithripala Sirisena, Prime Minister Ranil Wickremesinghe, and Foreign ministers, Mangala Samaraweera and Ravi Karunanayake, when they took office. President Sirisena and Prime Minister Wickremesinghe visited India four times each. Over the past two and a half years, there were at least 10 high level visits between India and Sri Lanka, said analysts. Tilak Marapana, Foreign Minister, visiting Modi in New Delhi, said “It is in the fitness of things that I should come here first to call on you. India is like our elder brother”. India firmly repudiated this. What exists now is mutual cooperation, not superiority, said India.

Indian Prime Minister Modi visited Sri Lanka twice, in March 2015 and May 2017. No Indian Prime Minister had visited for nearly three decades. On his first visit, Modi made it a point to visit Anuradhapura, on the second visit he worshipped at Sri Dalada Maligawa in Kandy. On his second visit, Modi made at speech at Norwood, Hatton to an audience of eager plantation Tamils. He told them that they were part of the Indian Diaspora and that India beats in your heart.”

National University Lecturers Association promptly issued a statement against this. It was wrong of Modi to describe plantation Tamils of Indian origin as part of an Indian Diaspora, the Association said. This would create a wrong mentality among up country plantation Tamils, who are citizens of Sri Lanka rather than part of an Indian Diaspora.

Modi seems to consider the plantation Tamils as a community in another Indian state rather than a community in a neighboring state, said the Association. Modi’s speech could be treated as an attempt to sow the seeds of another separatist movement in Sri Lanka. Further, Modi’s suggestion that the Plantation Tamil Community in Sri Lanka were upholding Indian culture would dissuade the community from integrating into Sri Lankan culture. Maintenance of an Indian culture in Sri Lanka was contradictory to the reconciliation policy of the Sri Lanka government.

China’s presence in Sri Lanka, Bangladesh, Pakistan and Djibouti is worrying from the point of Indian security,” said   India. We cannot keep silent watching the string of pearls tighten. In order to prevent its neighbors from drifting towards a more lucrative China, India now plans to use cultural and historical ties to build up better relations with its neighbors. This also means mending its own fences.  India has settled the land border dispute with Bangladesh and is now working out a mechanism to share water between the two countries and improve trade investments. ‘With Nepal too we share close relations,’ said India.

India now wants to develop its relationship with Sri Lanka on a ‘one to one basis’,  with mutual respect and open hands, respecting the sovereignty and dignity of the two countries, said   Indian officials. We want to re-do what was missing in the last 27 years. We believe our relations are not simply based on economy but on the narrative of history and culture”.

With a cultural heritage spanning more than 2,500 years, the close rapport between India and Sri Lanka can be designated as a ‘civilization relationship ‘said India. Culture and history are vital elements for both nations, with geographic proximity .Proximity brings a certain level of affinity between the two countries with shared natural resources and global commerce. India  also now  recognizes the importance of public relations. The  naval crew of INS ‘Sutlej’ conducted a beach cleaning campaign at Crows Island, Mattakkuliya.  Senior and junior sailors as well as the officers participated.

As Sri Lanka’s biggest trading partner, India remains consistent in its position that the proposed Economic and Technology Cooperative Agreement (ETCA) should proceed at a pace Colombo is comfortable with, sans any set targets for the signing of the bilateral pact, said Binoy George, Deputy Secretary, Sri Lanka Desk. We are content with following a time-line Sri Lanka is comfortable with in signing ETCA.

Asked whether New Delhi is concerned over Sri Lanka’s Hambantota port deal with China, India replied “China is a matter for Sri Lanka. We never see our relationship with Sri Lanka through the prism of another country. Our relationship is on Sri Lanka’s own merit.  China is an important economic partner of Sri Lanka in the ongoing development process. However, Chinese presence at the  Hambantota port was  worrying to India, though Prime Minister, Ranil Wickremesinghe however, has continuously assured that the Port would not be used for any foreign military activity .

India  voiced concerns over Chinese investments in the country. India has not provided the big investments desperately needed by Sri Lanka.  What India offers however, is less debt, open investments and democratic government, said India. As compared to China,  aid coming from India is not debt. Whatever little resource India has, it has invested in Northern houses, hospitals and railroads. I believe that because of our ethos and culture- we are a reliable partner,  said  an Indian spokesman. When you see China investments in Africa, even the workers are imported from China, no one knows what happens in the projects. We believe in building partnerships on an equal basis, not one party investing and developing a China town. In every project, we want Sri Lanka to be a partner. We don’t want to purchase 90 percent of shares, he added.

In a bid to appease Indian fears, the government has invited  India to invest in the Trincomalee oil tanks. The envisaged plan now is to collaborate with Sri Lanka to jointly develop the farm, which continue to remain idle. This oil storage facility can be jointly developed.  Energy security is important today,  said India. In 2003, a tripartite agreement was signed between the Sri Lankan Government, the LIOC and the CPC covering the entire tank farm, upper and lower. India now wants to move forward on the project as a joint collaboration.

Since 2003, nothing has moved, though India continues to pay the rent. Sri Lanka took a step back from the original position. As previous efforts have failed, we said let’s develop these oil tanks together. India is willing to invest under a joint development plan without allowing the farm to remain idle any longer. At present, the oil tanks are of no value to either country”,  said Binoy George. Land in the Colombo Port City was given to China on a 99 year lease, which is a long time. Whereas in Trincomalee, even if the deal was signed, it is only in respect to the old one signed in 2003 and it is only for 35 years,” he said.

Sri Lanka has also indicated that it would hand over to India running of the Chinese built Mattala airport. Handing over the loss-making Mattala Rajapaksa International Airport (MRIA) in Hambantota to India would enable Sri Lanka to pay back dues to China’s EXIM Bank, which had provided loans to build the airport.

India has granted Sri Lanka a credit line of USD 45.27 million for financing the rehabilitation of the Kankesanturai Port in the northern Jaffna peninsula. The port which adjoins the Palaly military base and the Northern Area Navy headquarters was not operational  during the Eelam war. The rehabilitation will include dredging shallow areas while making provision for more ships to dock there.

Sustainable Green Energy a  Sri Lanka company headed by an Indian has received the green light from the government to start a bamboo cultivation project in north in Vavuniya. India has given an Offshore Patrol Vessel (OPV)  to Sri Lanka . India has a coast guard exercise with Maldives and Sri Lanka called ‘Dosti’.  There is  a free 24 hour pre hospital care ambulance service, now operating in the west and south with plans to expand island wide. This project is treated with great suspicion by the intelligentsia.

India gave a grant of Rs. 600 million  to  University of Jaffna,  to develop the Faculty of Agriculture and Faculty of Engineering at Kilinochchi. The project included construction of lecture halls, conference hall, computer laboratory, library, and sports complex for the Faculty of Agriculture; and lecture halls, a conference hall, laboratories, administrative office and staff room for the Faculty of Engineering. In addition, the Government of India will also provide support for curriculum development, faculty exchanges, training and research.

India and Sri Lanka have signed a Memorandum of Understanding, to renovate Saraswathy College, Pussellawa in the Kandy District through a grant of Rs. 96 million.. Indian High Commissioner to Sri Lanka handed over 16,000 books to the  Jaffna public library. The collection will be kept at the ‘India Corner’ in the library, which Prime Minister Narendra Modi inaugurated during his maiden visit in 2015.

Constitutional Assembly unconstitutional, null and void ab initio Part 1 ,2 and 3

November 3rd, 2017

DR. WIJEYADASA RAJAPAKSHE, President’s Counsel

What could be comprehended by the Word Constitution?

Constitution is recognised as a document made by law makers inserting a set of rules which are needed for the governance of the relevant territory, and it is considered supreme and unchallengeable. Inclusion of the following mandatory features could be seen in a constitution.

1. Provisions to guarantee/assure the rights of the citizens and the mechanisms to be operated for above purpose

2. Definition of the powers conferred on the Legislature, the Executive and the Judiciary and by whom such said powers are to be exercised

3. State policies to be followed with regard to respective sectors

4. To define and characterize the institutions/departments that are under the government and to define the powers vested upon each such institution/department

A constitution shall contain the nature of the State and it should ensure that the Rule of Law is upheld among the subjects equally, without any discrimination. It is a time tested and renowned rule in constitutional law that “not only the ruled, but also the rulers have to abide by the law”.

Constitution Making in Sri Lanka

When we explore the history of constitution-making in Sri Lanka, the first such constitutional form of reforms had taken place in 1833 in the form of “Colebrooke–Cameron Reforms”. Centralized administration, establishment of the Executive Council and the Legislative Council, the establishment of Ceylon Civil Service and the reforms in the judicial system were among the main concerns of the Colebrooke–Cameron Reforms. During the McCallum Reforms that took place in 1911, this was more formalized and by the Manning Reforms in 1920, the power vested upon the legislative council was more reinforced. The Sri Lankans were bestowed with the universal adult franchise in 1931 together with Donoughmore Reforms. We gained Dominion Status which did not amount to full independence with Soulbury Constitution and Ceylon Independent Ordinance in 1947/48.

First Republican Constitution

Although Sri Lanka (then Ceylon) gained dominion status through the Soulbury Constitution, it did not confer the powers on the Parliament to replace it with a new constitution. In considering the aspirations of the citizens, the United Front Coalition which came forward in 1970 general election, sought a mandate from people to enact a Republican Constitution by repealing the Soulbury Constitution. With the landslide victory by the said coalition in the election, the coalition government formed with the leadership of Mrs. Sirimavo Bandaranaike, the Prime Minister, resorted to a revolutionary model to enact a new constitution by establishing a Constituent Assembly which consisted of all the members of the Parliament. The task of drafting the proposed constitution was entrusted to Dr. Colvin R. de Silva, who was a renowned legal luminary in the country and who also was the Minister of Constitutional Reforms. He, with his wisdom realizing the legal barriers of the Soulbury Constitution to replace it, advised to form the said Constituent Assembly outside the Parliament and accordingly it was set up and met at Nawarangahala premises of Royal Collage. The draft of the constitution made by the constitutional assembly was presented to the Parliament and it passed with the majority of 2/3 on 22nd May, 1972 by replacing the Soulbury Constitution. Thereafter, the then Parliament of Ceylon was changed into National State Assembly of Sri Lanka.

Second Republican Constitution

Article 51 of the first Republican Constitution of 1972 has conferred the power on the National State Assembly to repeal it by promulgating a new constitution to replace it and the procedure to be followed therein also clearly described. The new government was made accessible in promulgating a new constitution in 1978 in compliance with powers and the procedures laid down in the first Republican Constitution. Articles Nos. 78 and 82 (2) of the second Republican Constitution have conferred the powers on the Parliament to replace it with a new constitution by abolishing the existing constitution. Thus such powers could and should only be exercised in compliance with the procedure stipulated in the constitution and the standing orders of the Parliament. Hence at present, there is no impediment to adopting a new constitution by repealing the existing constitution.

Constitutional Assembly is unconstitutional ab initio

Since Soulbury Constitution had not provided the authority and a procedure to adopt a new constitution by repealing the existing one, the government elected in 1970 had no option but to establish a Constituent Assembly operating outside the Parliament. Since there were no such barriers in the constitution of 1972, J. R. Jayewardene entrusted the task of drafting a new constitution to one of his allies Professor Alfred Jayaratnam Wilson, a political science expert and the son in law of late Mr. S. J. V. Chelvanayagam, the leader of the TULF. The draft he made was received with the assent of the cabinet of ministers and then presented to the National State Assembly in terms of Article 51 of the 1972 constitution. Similarly Article No. 82 of the 1978 Constitution has conferred the powers and authority on the Parliament enabling it to promulgate a new constitution by replacing it. What should be noted here is that under no circumstances, power has been conferred by the 1978 constitution on the Parliament to establish a Constitutional Assembly in Parliament. If the Parliament is not competent to draft a new constitution in an ordinary manner, the only procedure to be adopted in terms of the constitution is to seek assistance of a parliamentary select committee which could be consisted of members who are skilful and competent in making appropriate recommendations. Accordingly, the purported Constitutional Assembly is null and void per se as well as ab initio. Similarly the Steering Committee appointed for the said purpose was also null and void per se as well as ab initio.

The Judiciary has ample jurisdiction to declare that the Constitutional Assembly null and void

It is an accepted and time-honoured convention in democracies all over the world that no court should entertain or hear cases against an act committed or omitted by the parliament, since it is an organ of the government which should function and operate independently of the other organs. There are already set precedents on this issue by both the courts as well as the parliament. This privilege of parliament is extended to its sub organs too, such as select committees, standing committees, special committees and the committee of whole parliament. The purported constitutional assembly which is unconstitutional in law is neither covered by the purview of the constitution nor by the standing orders of the parliament. Since the constitution has already provided a crystal clear and unambiguous procedure for adopting a new constitution, the constitutional assembly which is unconstitutional per se, court has ample jurisdiction to declare the illegality of it. Similarly the steering committee appointed by the purported constitutional assembly itself is null and void and no avail of law. Accordingly the so-called Interim Report submitted by the purported steering committee dated 21st September 2017 has no validity and authority and automatically becomes ineffective.

The Responsibility of the Parliamentarians

In democratic forms of States, people elect their representatives with the prime objective and aspirations that their elected representatives are competent and skillful in making laws to ensure the national security and public well-being and they incur a substantial amount of money for the maintenance of the parliament and its members. In punishing offenders in criminal cases court impose punishment on them presuming that all such accused have committed offences knowing that they were prohibited by law. Similarly people also presume that their elected representatives are making laws with a comprehensive understanding of them and their consequences. When Mrs. Sirimavo Bandaranaike and Mr. J. R. Jayewardene wanted to enact new constitutions in 1970 and 1977 respectively, they did not seek advice of any overseas experts or spent public funds in millions on expert advice. If the members of the legislature are not competent and have capacity to make the laws necessitated for the country, what is the use of maintaining such a Parliament? Whole parliament must be ashamed of spending public funds for seeking advice of so-called foreign experts for making the laws for the country.

The voters of this country must take the responsibility for electing their representatives who are not eligible or competent to perform their duties as contemplated in the constitution and the aspirations of the people. It is a deep rooted culture ingrained in our system to elect candidates with high preferences those who distribute dry rations, liquor, exercise books, plantains etc during the election period. Similarly those who regularly attend funerals, weddings, dansal etc are considered the best candidates for the election and engage in national politics. People expect that those who are in national politics also must engage in repairing roads, providing electricity and water likewise Pradesheeya Sabha members. This is a classic example to demonstrate that voters can make voting right itself a means to dig their own graves instead of prospering in democracy. We are now experiencing a living example of the drawbacks of the democratic election system.

19th Amendment to the Constitution

The 1978 constitution was subject to severe criticism basically on two grounds. One being the excessive powers conferred upon the executive presidency and the second being the drawbacks and ill effects on the proportional representative electoral system which lead to diminishing democratic and human values. The agitation against the executive presidency aggravated during the period of President R. Premadasa. Mrs. Chandrika Bandaranaike Kumaranatunga, presidential candidate in 1994 presidential election commenced her manifesto by vouching to abolish the executive presidency which had been a curse to the nation, on a priority basis within six months. She called it as Bahubutha (nutty) Constitution. Until the 19thAmendment to the Constitution was passed on 28th April 2015, the same “nutty” constitution prevailed over the years. After the 18thAmendment was passed in 2010, factually the constitution had basic features of fascism.

The most lesser minority government ever formed in Sri Lankan parliamentary history, in January 2015, with 47 members, in the 225-member parliament, was able to pass the 19th Amendment to the constitution with a 2/3 majority. It brought prolonged drastic changes to the constitution by ensuring the democratic rights of the people and accountably for good governance in the public sector. We formulated the amendment with neither the assistance nor the influence of any foreign organization, NGO or foreign powers.

In realizing the genuineness and benevolence of the spirit of which it was made, we were able to have the blessings of all the people and political parties. We managed to conclude it by accepting three amendments, out of 144 amendments moved by the opposition parties in the parliament. At this stage we must remember with gratitude that if it were not for the support of the opposition and special dedication of the then Speaker Chamal Rajapaksa, it could never have become a reality.

 

 

Constitutional Assembly unconstitutional, null and void ab initio Part 2

DR. WIJEYADASA RAJAPAKSHE, President’s Counsel Courtesy The Island
Continued From yesterday November 2, 2017, 12:00 pm Reasons for the failure of the proposed constitution Articles 75, 82 and 83 of the constitution have categorically conferred the power on the Parliament to repeal the existing constitution and replace it with a new one. The limitations of such powers are clearly stipulated in Article 76(1) in the following manner; “Parliament shall not abdicate or in any manner alienate its legislative power and shall not set up any authority with any legislative power.” The provisions are crystal clear and unambiguous. No confusion… -Full Story-
 (LankaWeb – 03/11/17)

 

Constitutional Assembly unconstitutional, null and void ab initio Part 3

DR. WIJEYADASA RAJAPAKSHE, President’s Counsel
November 3, 2017, 12:00 pm (Continued From yesterday) People’s Lack of confidence in Parliament The media and the public always express their displeasure at Parliament and its members. They allege incompetence, corruption and immorality of the members of parliament. This loss of confidence reached its climax on 21st September 2017, when Parliament passed an amendment to the Provincial Council Elections Act which is an ordinary statute including the provisions for the postponement of Provincial Council elections, indirectly disobeying and deviating from the determination of the Supreme Court made in the 20th Amendment to the… -Full Story-
 (LankaWeb – 04/11/17)

 

බැඳුම්කර ගනුදෙනුවේ එළියට දාපු රහස් හඩපටය මෙන්න

November 3rd, 2017

දූෂණ විරෝධී හඬ

මහ බැංකු බැඳුම්කර ගනුදෙනුවට අදාළ බැඳුම්කර නිකුත් කිරීමේදී ශ්‍රී ලංකා මහ බැංකුව, රාජ්‍ය ණය දෙපාර්තමේන්තුව, ප්‍රධාන පෙළේ රාජ්‍ය බැංකුවක් හා පර්පචුවල් ට්‍රෙෂරීස් සමාගමේ ඉහළ නිලධාරීන් කිහිපදෙනකු අතර සිදුවූ දුරකතන

සංවාද ඇතුළත් හඬ පටයක් දූෂණ විරෝධී හඬ සංවිධානය විසින් ඊයේ (01දා) මාධ්‍යයට නිකුත් කළේය. විදෙස්ගත පුද්ගලයකු මාර්ගයෙන් ලද මෙම හඬ පටයට අනුව ඉහළ පොලියට බැඳුම්කර මිලදී ගන්නා ලෙස හිටපු මහ බැංකු අධිපති අර්ජුන මහේන්ද්‍රන් නිලධාරීන්ට බලපෑම් කළ බව තහවුරු වේ.

විශේෂයෙන්ම බැඳුම්කර වෙන්දේසිය නිමවන වෙලාව අනුව පෙ.ව. 11න් පසුවත් විනාඩි 10ක කාලයක් ලබා දෙන්නැයි පර්පචුවල් ට්‍රෙෂරීස් සමාගම මහ බැංකුවෙන් කරන ලද ඉල්ලීමත් ඒ අනුව හිටපු ටෙන්ඩර් මණ්ඩල සභාපති පී. සමරසිරි අනෙක් බැංකුවලට එය දැනුම් දීමත් මේ හඬ පටයේ අඩංගු වේ.

පර්පචුවල් ට්‍රෙෂරීස් සමාගමේ විධායක අධ්‍යක්ෂ කසුන් පළිසේන 2012න් පසු මේ ආකාරයට සිදු කරන පළමු ගනුදෙනුව මෙය බවද ඔහු රාජ්‍ය බැංකු ප්‍රධානියා සමඟ වෙන්දේසි (ර්ණීනනබඪධද ඕඪඤ) සිදු කරන ආකාරය පිළිබඳවද කළ විස්තර මෙහි ඇතුළත් වන අතර අදාළ වෙන්දේසියෙන් පසු රාජ්‍ය බැංකුවේ හා ණය දෙන දෙපාර්තමේන්තුවේ ප්‍රධානීන් අතර සිදුවූ සංවාදයක්ද මීට ඇතුළත් වේ.

එම ප්‍රධානීන් පවසන පරිදි රුපියල් බිලියන එකක් වෙනුවට බිලියන 10ක සිදුවූ බැඳුම්කර වෙන්දේසියෙන් බැංකුව පමණක් නොව වෙළෙ¼දපොළ කැලැඹී (ඉඩධඬ ථචපඬඥබ) ඇති බවත්, මේ හරහා ලබන වසරේ බැඳුම්කර වෙන්දේසිය සිදුකිරීමට වන්නේ සියයට 10 ප්‍රමාණයට බවත් සංවාදයට ලක් වී ඇති ආකාරය හඬ පටයේ ඇතුළත්ය.

මෙම හඬ පටය නිකුත් කිරීමෙන් අනතුරුව දූෂණ විරෝධී හඬ කැඳවුම්කරු, ජ.වි.පෙ. පළාත් සභා මන්ත්‍රි වසන්ත සමරසිංහ පැවැසුවේ ගනුදෙනුවට අදාළ හඬ පටයේ පිටපතක් බැඳුම්කර පිළිබඳ ජනපති කොමිසමට ලබාදුන් අතර ඊට අදාළ සියලු නිලධාරීන් කොමිසමට කැඳවා සාක්ෂි ලබාගත යුතු බවය.

මේ දැවැන්ත වංචාවට අදාළ වංචනිකයන්ට දඬුවම් නොදෙන්නේ නම් හොරකම්වලට සම්බන්ධව සිරගත කර සිටින සියලු සිරකරුවන් නිදහස් කිරීම වඩාත් සුදුසු යැයිද හෙතෙම පැවැසීය.

Bombs in Parliament need to be diffused

November 3rd, 2017

BY MALINDA SENEVIRATNE

Going by the rhetoric and the text pertaining to constitutional reform currently being debated in Parliament, it is all about two things.  1) expunging of the clause supposedly privileging Buddhism, and 2) devolution of power. 
Tamil National Alliance MP, M. Sumanthiran, has stated the stand of his party and by and large the group of anti Sinhala, anti-Buddhist NGO lobby: our stand is that there should be a secular constitution where there is no special identification for a single religion, and instead all religions should be given equal status in the country.”
The bone of contention is Article 9: The Republic of Sri Lanka shall give to Buddhism the foremost place and accordingly it shall be the duty of the State to protect and foster the Buddha Sasana, while assuring to all religions the rights granted by Articles 10 and 14(1)(e).”  These other assurances are as follows: 
Article 10: Every person is entitled to freedom of thought, conscience and religion, including the freedom to have or to adopt a religion or belief of his choice. 
 
It’s not about bombs being THROWN at Parliament but bombs already INSIDE Parliament
Article 14 (1) (e) the freedom, either by himself or in association with others, and either in public or in private, to manifest his religion or belief in worship, observance, practice and teaching.
Taken with Article 10 and Article 14 (1) (e), therefore, Article 9 stands in effect negated.  
What is not noted either in constitution or in rhetoric is the fact that certain religions are invasive simply because the relevant doctrines distinguish between adherent and non-adherent in ways that make for interpretations prompting aggression of one kind of another.  So the ‘practice’ element in Article 14 (1) (e) can sanction acts that infringe upon freedoms and general co-existence and can be defended in the name of ‘religious freedom’.  
There are other things that the secularist lobby deliberately ignores.  If secular is the way to go, there cannot be half-way measures.  You can’t take away the only ‘privilege’ that Buddhism has (and that too, as pointed out, a mere lip-servicing and nothing more) while being silent on the privileges enjoyed by other religious communities.  
Let’s begin with religious holidays. Back in the day, there were 49 ‘Buddhist’ holidays, 4 poyas every month and an extra holiday on the day following Vesak.  That number was slashed to one-fourth plus one, i.e. 13.  Christians, on the other hand, have 54: Sundays, Easter and Christmas.  Hindus are grossly underrepresented in comparison, having just Pongal, Deepavali and Mahasivarathri.  Muslims have three official holidays: Idul Fitr, Idul Adha and Milad-un-Nabi.  In addition, consider the following:
Muslims are given two hours of leave from 1 pm every Friday.  That’s the equivalent of 13 work days if you want to me mathematically clinical about such things.  During the Ramadan period, Muslims have the privilege of obtaining ‘special leave’ to take part in prayers.  A Muslim woman is given leave of four months and ten days in the event her husband dies and three months following divorce.  
 
Following the ardent push for secularism, shouldn’t Sumanthiran and others argue for a shifting of ‘weekend’ to say Wednesday and Thursday or any two consecutive days of the week barring Friday and Sunday?
We can also add that school terms were arranged so that Christmas fell during a long holiday.  We can note that Christian schools, although required to finance themselves from 1962, were subsequently accorded public grants (since 1978).  
There are other ‘special’ laws that are certainly at odds with the secularist vision, which would indicate a single legal system, for example the Tesavalamai Law and the Kandyan Marriage Law.  More pernicious by way of contradicting constitutionally guaranteed freedoms would be the Muslim Marriage Law.  
Thus, if equality is the objective, then all these should be erased off the constitution along with Articles 9, 10 and 14 (1) (e).  That is if we need to separate ‘state’ and ‘church’ (or ‘religion’).  What is being proposed is to remove ‘Buddhism’ and allow other religions to entrench their already privileged position in the Constitution.  That’s progressive?  That makes for paceful co-existence and reconciliation?  
The easy answer is ‘Customary Law’.  Well, if it is about custom then it is also about culture.  If that is a factor important enough to be considered, then one needs to take note of two reailties: 1) no community, religious or otherwise, has had as overpowering an influence on the history, heritage and culture of this country as Buddhists, and 2) what Article 9 does is but a weak correction of a historical injustice done to Buddhists by the British who arbitrarily abrogated the clause in the Kandyan Convention related to the protection of Buddhism.  
As things stand, religion-wise, this state is chock-full of religion and it’s mostly non-Buddhist.  And for those like Sumanthiran who are upset by a few innocuous words in a single article, they would do good to reflect on the the pervasive privileges enjoyed by Christians (and theists in general given the overwhelming presence of ‘God’ in constitutions) in officially ‘secular’ nations in Europe and of course the status of non-Islamic religions in Quranic states.  
A quick note on devolution is necessary.  
First, the lines (as pointed out by President Sirisena) were the work of British political cartographers and are not drawn from any substantiable historical narrative.  
 
Second, there’s no discussion on whether or not grievances stated warrant devolution (decentralization sorts many if not all issues). 
 
Third, demography rebels against devolution as mechanism to resolve grievances (even if they are not stripped of the frills of aspiration and myth-mongering); almost half the Tamils live outside the so-called ‘traditional homelands’ which, let us note, are also the regions which the archaeological record indicates is the heartland of Buddhism in this island.  
 
Fourth, provincial councils as per the 13th Amendment, are veritable white elephants and do little more than groom thugs, miscreants and thieves for higher office.  Throw in enduring Tamil chauvinism a la the mouthings of Northern Province Chief Minister Wigenswaran and devolution is a recipe for abiding conflict.  
Here’s the danger.  The twin assaults on the majority community could have be deliberate for the simple reason that ‘compromise’ can be reached, dumping one for the other.  For example, it could come to a point where one is thrust as bargaining chip to obtain the other, in the give-and-take spirit.  
What must be remembered is that these are two separate issues.  Both recommendations smack of subterfuge.  Both are bombs, to use the word in the street.  Bombs in Parliament which can precipitate much suffering outside.  They need to be diffused. 
Malinda Senevirtatne is a freelance writer.  malindasenevi@gmail.com.  www.malindawords.blogspot.com

Appreciating a big and exemplary job done by a small man of our time. MS Themis the only politician who returned his pension and rejected the concept of pensions being paid to politicians by JR in1977.

November 3rd, 2017

Sudath Gunasekara Mahanuwara.
4.11.2017.

MS Themis silently died last year unsung an unheard and his mortal remains were interred at Kanatta attended by his only daughter, granddaughter, a small group of family members and friends. The usual votes of condolence and flatteries sung in Parliament in respect of those who have not done a scent worth thing for the country were not heard. Even his death passed unnoticed other than to the funeral parlor staff as our daughter in Colombo whom we asked to pay our respect as we were unable come down due to ill-health told us.

But his name remains immortal in the annals of history in this country as the only MP who refused to receive a pension and refunded it back. I am personally aware of what he said and did as I was the one who drafted the letter to the Speaker at his request at his home. This small man therefore in my opinion remains a legend in the political history of this country, shame for all other politicians who not only get a pension for no service done to the country or people but for deceiving the people and robbing public money, by way of princely salaries and various other allowances, perks and benefits like official bungalows, vehicles, foreign jaunts at public expense culminating in robbing the nation’s coffer, the Central Bank with impunity.

In the good olden days we have heard of politicians like CWW Kannangara, MD Banda, PB Wanninayaka and even Bandaranayakas who sacrificed everything they had in the name of service to people. In fact it was Bandaranayaka the founder of the Sri Lanka Freedom Party who once said ‘Minisage Parama Yutukama Minisata Sevaya Kiriimai .But can you seven dream to see a single politician of that caliber around you today. For them it is an all-time secure job plus a fraud and a mega javarama only. You need to get elected or nominated only once in life time. After that everything is set for ever for seven generations. Can you ever imagine such things happening in a country where some older generation of politicians died as paupers; where the foundation of social fabric is woven and mauled on Buddhism and where the state craft was founded on the golden principles of Dharmasokian ethos of statecraft.

Almost all people in Sri Lanka know MS Themis who was elected in 1956 as the third MP for Colombo Central under the MEP Land slide victory under the visionary leadership of SWRD Bandaranayaka. They also know him as an ex postal peon who was sacked by the then UNP Government for fighting for the rights of working class in the Postal Department.  He was an embodiment of the common man in Parliament, Bandaranayaka the visionary had in his mind when he decided to open the doors of Parliament to true representatives of the people.  But how many in this country know the magnanimous gesture he made as a politician by returning Rs 20,190.31 cents in 1993. 09.15. MS Themis set the   rhythm for the new generation of politicians in 1956, a welcome departure from the old fashion politics of privileged towards real representative democracy.

Let the example set by MS Themis be an eye opener to all present day self-centered parasitic politicians created by JR in 1977 by Passing the Pension Act No 1 of 1977 enabling even those (living then) who had served in the State Council and further who founded an entirely a new political culture where politics became a shameless mega fraud the politicians since then have become highway robbers of public funds and treacherous traitors of the Motherland causing misery and doom in place of peace, prosperity and sanity to its people and the country at large.

THIS IS ALSO ALMOST SRI LANKA’S STORY

November 3rd, 2017

Ah….just listen to this speech!

https://drive.google.com/file/d/1FOgeZgVY0EMp7GKqOgbDBI7PAdrJofbl/view?usp=sharing

End of “Good Governance in Sri Lanka” by the most corrupt PM in Asia – Must be removed to protect the democracy in Sri Lanka !!!

November 3rd, 2017

News Line: ‘Out comes the TAPES the PM must be CROSS EXAMINED’ – Wasantha Samarasinghe (02.11.2017)

PM required to testify before Bond Commission

Courtesy The Daily Mirror

The Presidential Commission of Inquiry (PCoI) investigating the controversial Issuance of Bonds today said it requires the testimony of Prime Minister Ranil Wickremesinghe in order to “obtain a few clarifications and any other evidence which may be necessary”.

Issuing a statement at the commencement of the today’s session, the Commission noted that it had perused the affidavit given to the Commission by the Prime Minister and that the Commission had certain clarifications to be made.

“With regard to the questions forwarded to the Hon. Prime Minister by this Commission of Inquiry, we have received an affidavit affirmed to by the Prime Minister. The Commissioners have carefully perused this affidavit and we would like to obtain a few clarifications and any other evidence which may be necessary. Therefore, we will be requesting the Hon. Prime Minister to attend a Hearing of this Commission of Inquiry for that purpose” the statement said.

Accordingly, the Commission said that the date at which the Prime Minister would be required to attend the hearing would be notified in due course after ascertaining “with the Prime Ministers office the availability of the Hon. Prime Minister”

Submitting the affidavit, the Prime Minister earlier expressed his willingness to appear before the commission if necessary. The PCoI yesterday said the decision to summon the Prime Minister was made after thoroughly perusing the affidavit.

Although the statement issued earlier in the day said that the only other hearing would be for the purpose of the testimony of the Prime Minister, it was decided last evening that the Commission would conduct hearings on November 16.

The final report of the commission is due on December 8. In its statement the Commission said that it had to analyse lengthy testimonies of over 70 witnesses and over 450 documents are required prior to December 08, at which point the mandate of the Commission ends.

Full statement:

Statement made on November 2, 2017:

The Commission of Inquiry is holding this special Hearing today for the specific purpose of recording the evidence of a few more witnesses. This evidence has been obtained by the officers of the Hon.

Attorney General’s Department who are assisting this Commission of Inquiry. We have agreed with the submission made by the officers of the Hon. Attorney General’s Department, that this evidence may be relevant to our investigation and inquiry in terms of our mandate. That is why, despite the limited time available to us to prepare and finalize our report, we have decided to hold this special Hearing today.

With regard to the questions forwarded to the Hon. Prime Minister by this Commission of Inquiry, we have received an affidavit affirmed to by the Hon. Prime Minister. The Commissioners have carefully perused this affidavit and we would like to obtain a few clarifications and any other evidence which may be necessary. Therefore, we will be requesting the Hon. Prime Minister to attend a Hearing of this Commission of Inquiry for that purpose. The date on which that Hearing will be held, will be decided in due course and will be notified in the usual manner.

When deciding that date, we have to take in to account the fact that, Justice Jayawardena is recovering from surgery held on 17 October and finds it difficult to attend another Hearing for the next two weeks or so. Further, we think it appropriate to consult the Hon. Prime Minister office to ascertain the availability of the Hon. Prime Minister, when fixing the date of the Hearing.

Finally, at present, we are working very hard to prepare and finalize our report before our Mandate ends on

8 December, 2017

. As mentioned earlier, this complex task requires us to consider the evidence of over 70 witnesses, many of whom have given very lengthy testimonies and to analyse over 450 documents, many of which consist of a large number of pages. All this material has to be carefully read, understood and evaluated in order to make the findings and recommendations which are set out in the Mandate issued to us.(Shehan Chamika Silva)

News Line TV1 20th October 2017

Bond scandal: Rs.10 bln loss for next thirty years: Fmr. DG

Courtesy The Daily Mirror

According to the personal computation of retired Deputy Governor, W.A. Wijeywardena, who testified at the Presidential Commission today, the government’s long term loss for the next thirty years would be Rs.10 billion due to the failure of not meeting the appropriate terms in the process of issuing Treasury Bonds which took place on February 27, 2015.

His personal computation had also indicated that the immediate loss after the issuance of the bonds incurred Rs. 532 million to the government.

It was explained, that the February 2015 bond auction was originally intended to sell 1 billion rupees ($7 million) of 30 year bonds. Following the auction the Public Debt Department (PDD) had recommended to accept Rs. 2.6 billion amount of the bids.

However, disregarding the recommendation of PDD to accept only Rs. 2.6 billion, the Former Governor had unusually visited twice the PDD while the auction was taking place and had instructed to accept Rs. 10.058 billion amounts of bids at a higher interest rate of 12.5%.

When the recommendation was before for the approval of the Tender Board, the Governor had instructed the chairman of the board to accept the bid, even though there were some disputed arguments at the board discussions on the acceptance of bids.

Former DG said that instead of accepting such a high amount of bids at a very high interest rate, the Central Bank could have met the Rs. 13 billion fund requirement of the Government by March 2, 2015, using borrowings in a form of a hybrid version from both the Bank of Ceylon and in a way of REPO transactions with Employee’s Provident Fund. And still if there was a due balance, it could have then raised funds using the Direct Placements.

He was on the view that the Tender Board and Former Governor Arjun Mahendran had failed to exercise due diligence, since when such approval (10.058 billion amounts of bids) is before the Tender Board, the members and the chairman should have taken steps to prevent it, and also before instructing to approve such, Mr. Mahendran should have gone through the Monetary Board. I would say that ultimately the Monetary Board is responsible over the loss incurred to the government,” he said.

When questioned over the interferences occurred to the PDD by the Former Governor, he said that his nine years as the chairman of the Tender Board had never seen such intervention of a governor while the bond auction was taking place nor any of other intervention into the process.

Explaining the consequences of the two decisions taken by the former governor that to remove the 5% penalty rate and the acceptance of 10.058 billion amounts of bids at a higher interest rate of 12.5%, he said those two decisions had caused the hike of the market interest rate later. (Shehan Chamika Silva)

Geetha Kumarasinghe not eligible for Parliament-GEETHA LOSES HER SEAT ……..NEW ITEM

November 3rd, 2017

Dr Sarath Obeysekera

1n 1965 election campaign there was a speaker who made his crowd -pulling speech where he used names of Sinhala Films  .His speech was the last after Meetiyagoda ,Dawamottawe Hamuduruwo etc  So I thought of writing this to honour Geetha

Geetha loses her seat as she has no Wasana” and also because ruling party has got Kolomba Sanniya” and went out of way to end her Adara Kathawa” with politics .When the court decision was announced .some younger MP’s would have  told a senior ex minister Onna Mame Kella Panapi”  if and when she maydecides  to jump off to UNP. She should have known that associating with Maruwa samage Wase ( living with MR who was the hondama Naluwa ) like Ayya Nago” , she may  fall from Ahasin Polowata” after walking thru a difficulty journey of stardom like in a hima kithara


She may attend to Kandy and worship tooth relic and remember dalada gamanaya   and light a dolos  mahe pahana” and hope for the best .She can also go to god durga and ask for divine support.She can call the other MP’s Sawdan Jema”,podi malli  ( a prominent UNP actor who loved her ) Ranga – an ex Maharaja” and  cry  .She has gone to court expecting a kind judge  who may be a minissun athara minisek” and win the case and go to MR and say api dedena can co- exist forever .If she loses her appeal she may have to tell her Female friend Pawithra that Akke mata awasara and go for  real acting .

All the senior citizens who voted her to be a parliamentarian may say with sorrow that loku duwa” is a sathya Devi who lived for a  just society ?If she will not get any films to act but  she can be an inspector” in her garment factory and give up asha” for any  more prominence in the cellulose    industry .Finally she should take this abhiyogaya” and join siri (bo) ayya” (MS )  after   and become and Ambassorderess  in a Middle Eastern country and be a hitha honda gahaniyek and serve the poor masses   .

Then She can help all the women working abroad who give a yeomen service to this country by sending much needed foreign money ,it can be a damayanthi,Ranthilaka ,  Niluka ,Pembara Madhu,Chandini ,Seetha Devi,Deepanjali ,Saara ,Apeckhsa,Samanmali ,sithara  etc and teach them to live bravely    and be careful with those evil and pervert  bosses in Arabic countries .

She will be applauded by the voters that she lived in Yuda Gini Meda” and   complete her adara kanthwa with politics and reach anuragya Ananthaya   with some politicians who would have tried to take advantage of this lassana Kella”    when she gets a final letter with stamp    Rajya Sevaya Pinnisai” informing that she is kicked out of the mad house .

She may have to live now not with false tears like in films but with jeewana Kandulu   so that they will flow like ran diya dahara along her rosy cheeks . She can remember her mother and say amme oba nisa –I achieved by stardom.

Actually she lives almost under palama  yata (Navala Bridge ) ,and we spared her swimming pool built in the reservation being demolished  because she cried like a salambak handai and asked us not to demolish it  .many years back .

She should also take badulu Kochchiya and visit her place of birth and she  can always go to heaven like Switzerland and live with sudu wallassu   and rejoin with Fuhrer –her husband say obatai priye Adare” and be happy that she left all the karumakkarayo” in the yahapalanaya .

SLFP’s dilemma

November 3rd, 2017

Editorial Courtesy The Island


The Joint Opposition (JO) has sought to bargain from a position of strength with the SLFP, which has invited it to contest the next Local Government (LG) polls together. It has put forth some pre-conditions, the main being that the SLFP pull out of the ruling yahapalana coalition.

President Maithripala Sirisena is now in a dilemma. He succeeded in outwitting his bête noire Rajapaksa, in style, at the 2015 general election. He used Rajapaksa, who wanted to be the Prime Minister, to lead the polls campaign and queered the pitch of the latter on the eve of the election; thereafter he sacked the general secretaries of the SLFP and the UPFA, appointed his men to those two posts and formed a joint administration with the UNP. He manipulated the composition of Parliament to deny Rajapaksa the Opposition Leader’s post, which went to TNA Leader R. Sampanthan. The SLFP is apparently trying to play the same trick again, but it is doubtful whether it will succeed in its endeavour this time around because once bitten Rajapaksa is twice shy.

The SLFP is sure to face an ignominious defeat at the upcoming LG polls if it fails to secure the backing of the JO. President Sirisena needs an electoral debacle like a hole in the head in that he will have to lead the SLFP’s polls campaign, thereby, pitting himself against the UNP led by Prime Minister Ranil Wickremesinghe. The mini polls will be a battle for supremacy between the President and the Prime Minister to all intents and purposes. If the President fails to steer his party to success his position will be further undermined in the yahapalana government. The UNP ministers are already short-changing their SLFP counterparts and asking the latter, in public, to leave the government.

The President will have to show his hand before the LG polls; he will have to tell the SLFP whether he is planning another political marriage with the UNP. The same goes for the Prime Minister, who will have to let his party know what he really intends to do after the LG polls. Many UNPers have not taken kindly to their party sharing power with the SLFP. The President and the Prime Minister won’t be able to keep their parties in the dark and extend their cohabitation to the grassroots level after the LG polls because they will have to face the electorate again at the PC elections and, most of all, the presidential election due in 2019.

It is highly unlikely that the President will agree to pull out of the yahapalana coalition to appease the JO. For, he will render himself politically much more vulnerable in such an eventuality. Worse, leaving the government will place him at the mercy of the JO led by the Rajapaksas; he would be in the same predicament as a fly in a spider’s parlour if he met the JO’s demand! He, therefore, would just as soon stay in the yahapalana coalition and hope for the best.

Let it be repeated that SLFP cannot avoid a crushing defeat at a future election unless it secures the backing of its dissidents. The UNP will be at an advantage if the SLFP and the JO contest elections separately. But, the JO’s battle plan is not so much winning an election but weakening the President and wresting control of the SLFP in time for the next presidential and parliamentary elections. It will be happy if it can beat the SLFP at the mini polls. The President will have a hard time, trying to prevent mass defections from his camp in such a situation.

President Sirisena finds himself between a rock and a hard place. He cannot leave the government or be at the mercy of the JO and at the same time his chances of enabling the SLFP to win an election without smoking the peace pipe with the party dissidents are remote. Whether he will be able to pull a rabbit out of a hat remains to be seen.

Constitutional Assembly unconstitutional, null and void ab initio Part 3

November 3rd, 2017

DR. WIJEYADASA RAJAPAKSHE, President’s Counsel


(Continued From yesterday)

People’s Lack of confidence in Parliament

The media and the public always express their displeasure at Parliament and its members. They allege incompetence, corruption and immorality of the members of parliament. This loss of confidence reached its climax on 21st September 2017, when Parliament passed an amendment to the Provincial Council Elections Act which is an ordinary statute including the provisions for the postponement of Provincial Council elections, indirectly disobeying and deviating from the determination of the Supreme Court made in the 20th Amendment to the Constitution by which the Supreme Court categorically ruled that any postponement of the Provincial Council election is unconstitutional and any change to the said provision of the Constitution needs an approval of the people at a referendum. The Parliament in doing so indirectly violated the Supreme Court decision. That violation of the constitution became far more serious as the provisions for the postponement of the elections were introduced by way of amendments at the committee stage which had no relevance to the proposed original amendment. Thereby they had gone beyond the scope of the amendment and passed the committee stage amendments in gross violation of the Constitution.

It is sad to note that the Attorney-General had advised the Speaker that in the event of the said amendment being passed with a 2/3 majority, it would be deemed legitimate. But the Attorney-General has no necessity or capacity to give such opinion as the said amendment revolves upon the franchise of the people which is not a subject devolved on the provincial councils. Although we have no doubt about the honesty and integrity of the Speaker, it is clear that the Minister of Provincial Council and Local Governments and the Attorney-General by abusing their authority, misled the Speaker on the law and took undue advantage of it for their ulterior motive. No one can deny that it is a death blow to democracy.

Now people have a reasonable suspicion that this government would proceed to pass a new constitution by hoodwinking the Speaker and the people. The Speaker has stated that he will not sign any constitution if it is adverse to the country. But there is no validity of this statement as he has no power to refrain from signing any legislation, if it is passed according to the rules of the Parliament. On the other hand the opinion of the people is that one cannot rule out the possibility of removing the incumbent Speaker and replacing another person to sign any legislation passed by the Parliament.

Similarly when Minister Arjuna Ranathunga opposed the alienation of Hambantota Port to China, the government removed him from that portfolio and appointed Minister Mahinda Samarasinghe and put the transaction through. Why can’t this government follow the said procedure in the Parliament as well?

Federalism alias the commencement of severance

When Mr. Vigneshwaran, Chief Minister of the Northern Province, met the prelates of Malwatta and Asgiri Chapters recently explained to the prelates that we need to go for a devolution of power as done in Belgium and the system is smoothly functioning in that country. S.W.R.D. Bandaranaike in his first speech in the Parliament, after becoming the Prime Minister in 1956 also admired the devolution model in Belgium. But at present the State of Belgium is so fragile. The South of Belgium, known as Walloon, consist of people speaking French. The northern part of the Belgium Flemish consist of people speaking the Dutch language. Now the debate is going on as to whether they should severe. The Great Britain which had controlled 20% of the Earth’s surface and 1/3 of the population at one time is now faced with a threat of break away. With the result of the referendum held on 23rd June 2016 to exit from European Union, now Scotland and North Ireland are seriously considering whether to remain or breakaway from Britain. One time, Spain was a very powerful nation in the world, but today Catalane Province is fighting to breakaway from Spain and it has now reached the climax. The referendum which was held on the above issue was disrupted by the Spanish government. If such a thing occurred in Sri Lanka, Europeans would raise their big voice to condemn us, but they keep mum because it happened in Europe.

In 1940 people of Korea never aspired or dreamt to divide Korea. But the United Nations was instrumental in dividing it into South Korea and North Korea. Today their decision has boomeranged and North Korea is becoming a threat to the whole world because of their experiments of nuclear powers and missiles. We have no doubt that as Donald Trump stated, the US and Europe will get together and destroy North Korea. A neighboring powerful country which helped North Korea tactically develop such devastative weapons is now waiting until such destruction occur in North Korea with the target of aligning North Korea as a province of its territory. Their next target will be to capture South Korea as well. UN was instrumental in dividing Kosovo from Serbia and also dividing Sudan in 2011. But with such divisions we cannot see that their problems are resolved, instead it looks they are much aggravated.

What reforms are needed?

The public debates and agitation against the constitution of Mr. J. R. Jayawardena in the recent past reflects four main features which need constitutional amendments or changes.

1. The abolition of the Executive Presidency.

2. Change of the proportional representation electoral system.

3. Insertion of good governance principles.

4. Devolution of power in considering the demands of the minorities. (This is only a demand of a minority)

The powers of the Executive President have already been pruned to a great extent by the 19th Amendment to the Constitution. It appears from the public perception that people are not anymore very keen on abolishing the Executive Presidency. The reason being the serious allegation of corruption such as the Central Bank Bond Scam against the government has come to the prominence in the public sector. At least a commission of inquiry to probe into the said corruption was appointed because of the existence of the Executive Presidency. With regard to the change of the proportional representative electoral system, alternate election modality had been proposed in the 20th amendment to the constitution presented to Parliament in 2015.

If the minority groups are interested in the devolution of powers, it could be a matter for dialogue, but there is no need of international organization or other countries or NGOs or Diasporas to interfere in these matters. We cannot expect any solution for any problem from people who are egoistic and concerned only with their political survival. Truly benevolent political leaders as well as religious and social dignitaries also could explore the avenues for inter-racial and inter-religious harmony and reconciliation. At present we have to inject antibiotic to control the virus and bacteria which had crept into the reconciliation mechanism. During the last 100 years, Tamil politicians in the North and the East had been agitating for a separate state and devolution of power by arousing communal hatred among the ethnic groups, but nothing noteworthy has been done to their own people. Finally they groomed terrorists who destroyed not only the country, but also the Tamil community itself.

What should be done?

In considering the political and social turmoil that had been created in the country, expectations are far remote to have a new constitution adopted. Although an appropriate environmental prevailed in the country in 2015, that atmosphere has now completely disappeared as a result of maladroit conduct on the part of the government. Obtaining a 2/3 majority in the Parliament for the proposed constitution is only a figment of imagination. Even if it is passed with a 2/3 majority in the Parliament it cannot become law unless it is approved by the people at a referendum. It is similar to pursuing a mirage. Vast majority of Sinhala and Muslim people also have expressed their opposition to the proposed constitution.

In considering the present environment of the country, it will be a prudent decision for the government to discuss with party leaders and to agree on suitable amendments to the existing constitution to make it much more meaningful and vibrant. The priorities of the needed amendments could be set in the following manner.

1. To change the proportional representative electoral system by introducing a more favorable system to the people.

2. To introduce the reforms into the judicial system to enhance its efficiency and thereby to minimize the laws delay. (I have already submitted an appropriate amendment to the system, but it is kept aside with the expectation that they could incorporate the same into the proposed new constitution).

3. To make necessary restructures to provincial councils and local governments institutions enabling them to be more efficient and functional. More administrative powers could be devolved in a symmetric way.

4. To establish a mechanism/reinforce the existing mechanism for accountability of the public sector.

There could be a dialog about the defining and refining of the powers of the provincial councils, but the government should not rush into decisions at this stage as it could create more confusions than finding solutions.

The present Constitution does not allow the establishment of a constitutional assembly as it has conferred clear and unambiguous powers on the Parliament itself with a well structured procedure for doing so. Standing Order No. 116 provides the specific procedure for effecting legislative reforms and it is a simple procedure.

I have to expect a reasonable criticism against me too for not taking up this constitutional intricacy at the beginning and remained as a member of that assembly and also in the steering committee. Although I pointed out the said illegality to the relevant persons in the government, I did not want to express a voice on it for the reason that I believed in good faith that we would be able to enhance the standard of the constitution as we did in passing the 19th Amendment. But when we lost our grip and task is being handled by outsiders with hidden motives and agendas, I consider it my duty to make people aware of the correct legal position as regards the constitutional making process.

Dr. Wijeyadasa Rajapakshe

President’s Counsel

Dharma Neethi Visharada Shasana Vibhushana

Ph.D –University of Colombo – Constitutional Law

Ph.D – University of Kelaniya– Buddhist Philosophy

M.Phil – University of Sri Jayewardenepura– Buddhist Ecclesial Law

Masters– University of Ruhuna– Buddhist Philosophy

Bachelor of Law – University of Colombo

Diploma – University of Freiburg, Switzerland – Conflict Resolution and Federal System

Ball Game on a pitch of corruption

November 3rd, 2017

The Minister for Poll Delays has given the country a Ball Game. At a time when the country is trying to forget about cricket amidst all the records of whitewash defeats, he has thrown the Poll Ball to the field for us to play the game. It is the launch of the Local Government Ball Game that will take place by end January next year, if the political weather is good for play – for the Yahapalana manipulators of the game.

We have been told the pitch is now ready for the game to commence. What is this pitch like, and who has made it? What is laid out is a pitch of vast corruption with an outfield of fraud and crookedness, prepared by those who won the last big match with a promise to wipe out the corruption that prevailed at the time. But, today’s ground keepers of corruption are not those to give room for any clean play.

The ball of Democracy that has got a battering for the past two years and more by the crooked players of corrupt politics on both sides of the pitch of great expectations; with hardly any chance of anything clean in the game to come.

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What is more interesting is to see the prizes on offer in this ball game. The biggest prize is the opening of a new gate for more than double the number of local government players be elected to the local bodies – that will be more than stepping stones to the dirty politics of both government and opposition.

Whoever wanted more than 8,000 local government players in this country? Is there anything that the 4,000 plus players we had till now did with any skill or recognition of quality, that we need to double the size of the winners? It seems the ball has been thrown to the field of building contractors who will have a field day putting up new local government buildings to house the winners. And, the voters who thought they were playing a game will be footing the bills. That is the stuff of crooked politics, where the ball of democracy is smashed out for sixes of great profit, for the benefit of the catchers in foul politics.

Who wants Colombo to have another New Town Hall? Certainly not the voters of the city! But the ball game that’s coming will give Colombo at least 100 councilors, almost double the number today. Can they ever serve Colombo in the limited space inside the Town Hall? No, never. The plans must already be underway for another New Town Hall, with all modern facilities … a Digital Town Hall … and at great cost too, bringing delight to the construction industry… but certainly not to the voters.

The Minister for Poll Delays will not say anything about these realities flowing from the new ball game, but such constructions will certainly be needed in many other cities and towns too. Come on; catch that price, you foolish voters!

How come, if the Parliament that manages the affairs of the entire country can do it with 225 members, Colombo alone needs more than 100 councilors? Are we moving to a double sized Parliament too, which will not be opposed by the Yahapalana duo or the Joint Opposition; because they are all there for the Privileges of Parliament, so why not more?

We are told the game will be colourful with the larger presence of women players, under the amendments rushed by the Poll Delay Minister in that recent parliamentary hookup. How do we to know the new women players are any better than the male players of the past several decades? We are not against equal rights for women in every field of activity, but are we moving to a new sexual confrontation between men and women on how the people could be cheated in the tasks of local government? It has been, and now shows all the promise of being even more crooked in this new Poll Game of twisted local government.

Those who worked out this new Ball Game we are asked to play have looked backward and not forward. They are the type that lives in history, with no thought of the future. They have no idea of the digital and techno revolutions taking place today. They do not know we have far better communication that links our land and people, and that we can move to much better and swifter transport very soon. They have been thinking in terms of the old systems of representation, which is now profitable for the crooked and not for the people.

The Ball Game that is on the way is certainly no joy for Democracy, which will be beaten about to near destruction by the players of crooked party politics – both young and old.

Ethnic-based federal units disadvantageous for minorities: MR

November 3rd, 2017

Yohan Perera and Ajith Siriwardane Courtesy The Daily Mirror

Former President and Parliamentarian Mahinda Rajapaksa, who participated in the debate on the constitutional reforms proposals, said the creation of ethnic or religion based federal units with powers akin to sovereign states will place the minorities living in those federal units at a disadvantage.

He said, in India, the vast majority of Indian Tamils live in Tamil Nadu whereas in Sri Lanka however, the majority of the Tamil people are permanently resident outside the North and East.

Even though there is a significant concentration of Muslims in the East, the vast majority of the Muslims are permanently resident outside the East. The creation of ethnic or religion based federal units with powers akin to sovereign states, will place the minorities living in those federal units at a disadvantage.I request the government to give up this quest for a new constitution which serves only the interests of northern Tamil politicians and places virtually everyone else at a disadvantage and to concentrate instead on fulfilling the original constitutional pledges they gave the people at the 2015 presidential elections. For a start, the government should let the public know their collective decision on the abolition or otherwise of the executive presidency. The other important matter that needs the attention of this house is the reform of the elections system. The way the elections laws for the local government institutions and the provincial councils were changed was haphazard and arbitrary and this will pose a grave danger to the stability of the governing institutions of the country.

He said the Yahapalana manipulation is glaringly obvious in this whole process of constitution-making .

The views that our MPs expressed in the various sub-committees were dropped when the reports were published. Look at the manner in which the debate on this interim report has been conducted in the past three days. First a UNP minister speaks on behalf of the government. Then a TNA member speaks on behalf of the opposition. Once again an SLFP minister speaks on behalf of the government. Then a JVP member speaks on behalf of the opposition. All these parties are yahapalana stakeholders, they are all in the constitutional conspiracy together. The genuine opposition force which is the Joint Opposition gets only two or three opportunities to speak a day. In order to justify their quest for a new constitution, members of the government have been claiming that I too had pledged in my manifesto for the 2015 presidential election to bring in a new constitution. That is true, but the question here is that the present constitutional proposals seek to divide the country whereas what I had in mind was a constitution that would enhance the unity and togetherness of all the communities that live in this country,” he said.

The former President also said that all MPs should be allowed to vote according to their conscience when the voting is taken up on the new constitution

Mr Rajapaksa who was speaking during the debate on the constitutional assembly said he is making this request especially from Prime Minister Ranil Wickremesinghe.

We have told the joint opposition MPs to vote in favour of the new constitution if they think the proposed new constitution is a good one. Likewise allow the ruling party members to do the same” he said while highlighting that there are 52 MPs in the joint opposition.

Further he said SLFP members in the government who oppose the new constitution are welcome to join the joint opposition. Also he urged the government not to create unrest among ethnic and religious groups by pushing for a new constitution.

There is an unprecedented unrest among the religious and ethnic groups which we have never been before. The Mahanayakas and even the Cardinal has expressed concern about this constitution” the former President claimed.

Responding to repeated statements made by ruling party members that he also pledged to bring in a new constitution, Mr Rajapaksa said he did make that pledge.

I did promise a new constitution and I did it with genuine intention. I always acted with honesty and tried to bring in reconciliation right from the time the war ended. We started development while working on reconciliation. Issues we face today would have ended if the then opposition supported us in this endeavor” he said.

We are committed towards resolving the issues faced by the Tamils, therefore don’t label us as extremists” he said.

However he said joint opposition cannot support proposals that weaken the centre. Mr Rajapaksa was of the opinion that no one including the current MPs will be willing to contest a general election in the future if the legislature is weakened.

He charged that there is a proposal to devolve all powers of the centre to provincial councils and to set a federal state by merging North and East.

At this moment he asked Deputy Minister M L A M Hisbullah whether Muslims would welcome a merger. Mr Hisbullah replied saying they would not welcome it. Joint opposition MPs responded to this with loud cheers.

AG says ‘very revealing’ communications of Aloysius to be presented

November 3rd, 2017

By Shehan Chamika Silva Courtesy The Daily Mirror

While reserving a date to place details with regard to communications of Arjun Aloysius and other concerned parties, Additional Solicitor General Yasantha Kodagoda yesterday told that the content of the extracted ‘Whatsapp’ messages of Aloysius’ phone was ‘very revealing’.

Using Aloysius’ mobile phone data extracted at the forensic retrieval and the details received from his mobile service provider, ASG Kodagoda will lead evidence through an analyzer with regard to the communications took place between Arjun Aloysius and concerned parties.

At the onset of the yesterday’s proceedings, ASG Kodagoda led four witnesses, who were attached to the Presidential Commission of Inquiry (PCoI) on Bond Sale Issue as assisting investigators.

These investigators, Chief Inspector of Police Sampath Kumara Senaratne, Inspector of Police Ruwan Raban, Inspector of Police Nalinda Herath, Police Sergeants, Siril Ranasinghe and Mahindasoma Jayatilleke were from the Criminal Investigations Department.

Chief Inspector of Police Sampath Kumara Senaratne testified before the Commission with regard to the forensic extraction process conducted to retrieve data from the Arjun Aloysius’ mobile phone as he was the licensed official who extracted data from Aloysius’ mobile phone.

According to Mr. Senaratne, the extraction of data had been taken place on three occasions, on July 24 (8170 pages), August 24 (11,794 pages) and October 6 (9761 pages), in 2017 from Aloysius’ phone and converted to a PDF file format for the perusal.

ASG Yasantha Kodagoda said that in addition to the extraction of data of the mobile phone there was a process of re-construction of data in the forensic examination as many of data was deleted by the mobile owner.

The witness said that he had to examine the mobile phone thrice because Arjun Aloysius had not provided the passwords of his ‘i-cloud’ account to access ‘i-cloud’ data.

While Mr. Senaratna was concluding his evidence on forensic ASG Yasantha Kodagoda pointed out that it was the first time in Sri Lankan legal history that a forensic expert has been testified in relation to a data retrieval of a mobile phone, therefore a historical moment.

ASG Yasantha Kodagoda also yesterday sought the Commission’s indulgence to lead another witness, an analyzer of data, Sub-Inspector Yasanka Jayasinghe in connection with the various communications that had been taken place between Arjun Aloysius and other concerned parties.

ASG Kodagoda said that they have received details from the mobile service provider of Aloysius’ phone (Dialog) and therefore will lead evidence through the analyzer combining the both data extracted from Aloysius’ phone and the service provider.

When questioned by Justice Prasanna Jayawardena on the clarity of the content of those details, ASG Kodagoda said There are several Whatsapp messages, of which the content was very revealing”.

Testifying before the Commission, CID officials, Ruwan Raban (IP), Nalinda Herath (IP), Siril Ranasinghe (PS) and Mahindasoma Jayatilleke (PS) were of the view that they had treated the witnesses well while recording the statements.

According to the CID officials, it was revealed that every witness who had recorded statements with the CID had been given a equal opportunity to consult his or her lawyer during the process of the interview.

When these CID officials were cross-examined by counsel appeared on behalf of Arjun Aloysius and Perpetual Treasuries Ltd, the officials were of the view that they did not at any point pressure or induce any individual while recording statements during the initial investigation into the Bond inquiry.

Considering health condition of Justice Prasanna Jayawardena, the Commission allowed the Attorney General’s Department official to call the last witness (data analyzer) on November 16, 2017.

How many died & who shot whom in the Final phase of the conflict in Sri Lanka

November 2nd, 2017

Shenali D Waduge

There is no denying that people died in the final phase of the conflict. That both LTTE and the Sri Lankan Armed Forces were both armed is also true. They were both not sending each other roses. That there were a significant number of people were also true. They were the LTTE, the Sri Lankan Troops, the ICRC, embedded journalists who were the armed forces and civilians who the LTTE had carted to be used as hostages and human shields. Whoever is supposed to have died has to be from these categories of people. We know that no ICRC or foreign journalists died. We know the figures of dead given by the army but what we do not know is who were the LTTE who died and number of civilians who died. There too there is an issue because LTTE had a civilian army trained in armed combat so we need to establish civilian deaths who did not take part in any hostilities on behalf of the LTTE. So far no one has come up with this demarcation. However, to accuse the Sri Lankan Army of being killers and murderers going so far as to accuse them of genocide, those making the accusations must be able to give at least estimate numbers of the dead by category.

Issues in determining the LTTE dead

LTTE cadres fought in uniform as well as in civilian clothing. There are also accusations that they removed dead soldier uniforms and fought wearing these. Taking these facts to consideration we need to know

  • How many LTTE cadres died in combat wearing LTTE uniforms?
  • How many LTTE cadres died in combat wearing civilian clothing?
  • How many LTTE cadres died in combat wearing uniforms of Sri Lankan soldiers?
  • How many LTTE cadres especially the injured were shot dead by LTTE on orders of LTTE hierarchy as they did not wish to have them interrogated once caught.

Let’s also not forget that 12,000 LTTE cadres surrendered and they were ALL in civilian clothing. How come they remained alive and were not killed by the Sri Lankan Army?

In the case of civilian deaths the questions that need to be asked are

  • How many civilians died without engaging in any hostilities (how ‘civilian’ were the civilians)?
  • How many civilians died while voluntarily engaged in hostilities (LTTE had a trained civilian armed force)
  • How many civilians died involuntarily forced to engage in hostilities (LTTE had during the last days forced civilians to shoot giving them basic training)
  • How many civilians died due to LTTE shooting them (enough of accounts even by UN/US State Dept report/ NGO reports prevail of LTTE shooting fleeing civilians. So how many died from LTTE fire?)
  • How many civilians died due to fatigue / old age / natural causes?
  • How many civilians died in cross-fire (which cannot determine who fired)
  • How many civilians died from LTTE gun fire
  • How many civilians died because the Sri Lankan Army shot at them by accident or intentionally.

THIS IS IMPORTANT TO ASCERTAIN ANY WAR CRIMES AGAINST THE SRI LANKAN ARMY.

Do these ‘civilians’ exist to be claimed dead

  • What are the names and details of the dead, has any relations come forward to provide ID details (at least to show evidence that the people supposed to be dead were even born – birth certificate, school records, employment records etc)
  • Have families filed entries with the police?
  • An opportunity was afforded to present missing to the Presidential Missing Persons Commission (mandated to investigate between 1983-2009) but upto 9 April 2015 there were only 16,179 cases filed of which 5000 were missing Sri Lankan Army soldiers. If the 5000 missing soldiers details can be logged in both the Commission and with the UNHRC why cannot the names of the supposed missing or dead be filed too!

Where are the dead?

The next question is to be qualified as dead there has to be a dead body at least a skeleton(s). The military operations ended on 18th May 2009. The UN Secretary General arrived 3 days later and made a helicopter tour of the war terrain accompanied by UN officials and foreign media. They did not report any graves or seeing newly dug areas where bodies could have been dumped. To dump 40,000 or even 200,000 dead bodies the Sri Lankan soldiers needed to dig massive graves and stuff them. Lets not forget that any graves had to be dug while in the thick of fighting. It is impossible for bodies to decompose to skeleton status in 3 days! When buried six feet down, without a coffin, in ordinary soil, an unembalmed adult normally takes eight to twelve years to decompose to a skeleton. Even if all 40,000 or 200,000 were thrown into the sea or the lagoon, these bodies would have to emerge!

The next question is how or why should the Sri Lankan soldiers kill 40,000 or 200,000 people while sacrificing soldier lives to save 295,000 people? What is the rationale?

The other interesting question is Channel 4 that is screening edited videos all over the world have not captured any witness screening Sri Lankan soldiers digging graves and dumping these supposed dead bodies. Why is there no footage of this as surely it takes quite a while to be digging 4ft deep graves and dumping minimum 40,000 dead bodies! Digging graves to dump such a number of bodies is no joke and cannot be done in a few minutes especially while fighting. A standard grave is 2 ½ ft wide and 8ft in length and 4ft deep.

While everybody is accusing the Sri Lankan Army of killing ‘civilians’ they seem to be forgetting that the LTTE had a trained civilian armed unit. This then raises the most important question of who qualifies to be a ‘civilian’ and also needs to question how many among the 295,000 that the Sri Lankan Army saved were also ‘civilians’. How many among this 295,000 civilians that the Sri Lankan soldiers saved were civilians who had training in armed combat by the LTTE at some or the other or how many LTTE cadres were posing as civilians? If so they don’t qualify as refugees or IDPs & spouses of LTTE cadres cannot be called war widows either and women whose husbands are ‘missing’ cannot be called war widows either without ascertaining whether their husbands were LTTE cadres or not. No one has answered these questions.

When LTTE had a trained civilian armed force it is impossible to tell how many of the dead were part-time LTTE civilian cadres even among the 7000 figure that the Government quoted as dead.

The UN, US, UK, Canada, EU or any other foreign government has yet to come clean on

  • How many civilians took part in hostilities (voluntarily or by force) and died (how many died from LTTE fire or Sri Lankan Army fire or natural causes)
  • If civilians took part in hostilities and died as a result that makes distinction complicated and the fault cannot lie with the Sri Lankan soldier
  • How many of the ‘civilians’ even among the 295,000 saved will ever admit to taking part at some time or the other in hostilities – if so they too don’t qualify as ‘civilians’ and it is unfair to be referring to them as IDPs, refugees, ‘war widows’ without ascertaining their true status. This should also question giving them ‘witness protection status’ or even other handouts too.

Rule 1/Rule 6 of the ICRC distinguishes between civilian and combatant.

Parties to the conflict must at all times distinguish between civilians and combatants.

LTTE had a civilian force, trained to kill – therefore these LTTE trained ‘civilians’ do not qualify as civilian under ICRC Rule 1.

Rule 6 declares civilians are protected against attack unless and for such time as they take a direct part in hostilities. So the question is how many LTTE trained civilians took part in combat and how many LTTE cadres in civilian clothing took part in combat and died. Both are not entitled to protection under both Rule 1 and Rule 6.

Principle of Distinction

Distinction is blurred when LTTE has a civilian combatant force and LTTE attacks in civilian clothing. How can you expect Sri Lankan soldiers to differentiate? They are not clairvoyants.

Attacks must not be directed against civilians. However, LTTE was shooting among civilians.

Sri Lanka Army has every right to return fire because LTTE should not have been keeping civilians and firing from among them. The Army didn’t fire keeping civilians among them so LTTE are expected to do the same.

Customary International law in Non-International Armed Conflicts

LTTE are armed fighters and as such do not enjoy protection against attack accorded to civilians.

Moreover, LTTE is a designated terrorist outfit and as such is denied right to combatant status or prisoner of war status.

The numbers game

  • Darusman Panel in its 2011 report 40,000 ‘may have been killed’
  • US former envoy Robert Blakequoted 40,000 dead to the US Congressional Hearing
  • LTTE supporter Siobhain McDonagh(UK Labor MP for Mitcham and Morden) declared 100,000 dead and 40,000 as civilians. (she must have counted the dead from England!)
  • Amnesty International in 2011 quoted 10,000 civilian deaths
  • Gordon Weiss former UN official originally quoted 7000 dead, then when he found money was to be made selling books he adjusted the dead figure to 40,000
  • Tamilnetthe LTTE propaganda channel reported 7398 deaths
  • UN country team in Sri Lanka placed the dead as 7721
  • Survey by the Government in the Northat the end of the conflict done by Tamils placed the number of dead and missing at 7400 dead (included LTTE killed in combat)
  • In July 2011 Tamil teachers of the Northdid a population survey of the North covering migration, deaths, untraceable persons from 2005 to 2009 – their report revealed 7896 dead including LTTE
  • The University Teachers for Human Rights-Jaffna placed the dead between 20,000-40,000
  • Bishop of Mannar, Rayappu Joseph – claims 147,000 as missing
  • The Institute of Conflict Management, Delhi – 11,111

http://www.sinhalanet.net/framing-bogus-war-crime-charges-who-are-the-civilians-who-died-in-sri-lankas-final-war

Additionally, what needs to be highlighted is that the UN, US, UK, Canada, EU and other foreign countries are going behind ‘civilian’ deaths in the last 3 months completely ignoring 30 years (since 1980s) wherein LTTE pointed their guns on innocent villages, killing innocent villagers, women and children in slumber, bombing passenger buses and trains, attacking unarmed civilians who were nowhere near any combat zones. Is it not strange that these same entities now screaming their heads over civilian deaths did absolutely nothing when LTTE was on a killing spree? Why were these civilians treated differently? Where’s the equal treatment? Why didn’t they go after LTTE for war crimes and killings? Why are they only going after the Sri Lankan Armed Forces and that too without being able to satisfactorily answer any of the above questions.

We have every right to demand answers for to press for any war crimes tribunals against Sri Lankan Armed Forces those accusing must be able to answer who killed whom and how and numbers with at least the basic evidence to prove the people they claim as being killed existed or were born! 

Shenali D Waduge

Mahinda rajapaksha (Sri Lanka/President) on Interim Report to write a new Constitution,

November 2nd, 2017

 

https://youtu.be/em-7XXzUBX8

Constitutional Assembly unconstitutional, null and void ab initio Part 2

November 2nd, 2017

DR. WIJEYADASA RAJAPAKSHE, President’s Counsel Courtesy The Island

Continued From yesterday

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Reasons for the failure of the proposed constitution

Articles 75, 82 and 83 of the constitution have categorically conferred the power on the Parliament to repeal the existing constitution and replace it with a new one. The limitations of such powers are clearly stipulated in Article 76(1) in the following manner;

“Parliament shall not abdicate or in any manner alienate its legislative power and shall not set up any authority with any legislative power.”

The provisions are crystal clear and unambiguous. No confusion in understanding. If so is the approval of the resolution presented to the Parliament in order to establish a Constitutional Assembly a violation of affirmation/oath taken by the members of parliament in terms of Article 63 of the Constitution to uphold and defend the Constitution with utmost honesty and dignity. At present, we being the legislators have lost the grip on purported Steering Committee and the task has been taken over by highly paid so-called foreign experts, NGO activists who patently act adversely to the national interest in lieu of their perks paid by foreign masters, few members who were agitating the ideology of federalism for ages. There were influences from the western countries where Tamil Diaspora plays a major role and these interferences were defeated due to the strong positions of some of the members in the committee. A question has now arisen as to what is the use of the Parliament, if it has entrusted its duties and obligations to an organ which is not recognized and outlawed by the constitution.

New Constitution –for whose need?

Whose need is to have a new constitution devolving the powers enabling the conversion of this country to a federal state with the right of self-determination for Tamils in North and East and also by removing the foremost place and protection given to Buddhism? Political leaders in the government say that the devolution of power is needed not for the politicians but for the people. The only criterion that they put forward to justify their argument is that the incumbent President Maithripala Sirisena, received a vast amount of votes from minority ethnicities. It is appropriate to analyze the said situation. While population of the country is 20,359,000, the number of registered voters for the 2015 elections was 14,268,000. According to the statistics, seven out of every ten citizens are eligible to be voters. The population in north and east where the majority is Tamil amounts to 1,597,000. In that manner, seven out of ten means 1,117,000. The total population in both North and East when compared to the total population in the Island is only 7.84%.

When analyzing the election results of the presidential election held in January 2015, it is visible that out of the total votes of 6.2 million votes received by President Maithripala Sirisena about 2.5 million of the votes were of both Sri Lanka and Indian Tamils and all Moors. When we subtract the said 2.5 million votes of both Sri Lankan and Indian Tamils and Muslims, the remaining 3.7 million votes are of Sinhala majority. That is almost the of the UNP Sinhala vote base. President Maithripala did not receive even a 01% of votes from the SLFP vote base. It was a sole victory gained by the UNP’ers through their blood, tears and sweat. There was not even one rupee spent by any SLFPer on that election.

Mahinda Rajapaksa received 5,768,000 votes at the said election. Many people argue that he did not receive any vote from the minority ethnicities. In that context if we assume that the votes received both by Mahinda Rajapaksa and Maithreepala Sirisena amount to 9.4 million, obviously they were of Sinhala voters. The present question that has arisen is whether a new constitution should be promulgated just to satisfy the said 2.5 million voters of the minority communities, ignoring 9.4 million votes of the Sinhalese. The next question is whether there is any country in the world which has devolved the powers to a greater extent for a minority community which amounts to 7.84% out of the total population.

Laws must be enacted with the majority opinion; not with the minority opinion

The basic and the rudimental meaning of democracy is to govern a country with the majority choice therein. As political scientists teach, democracy is always not a rule by intellects it could be a rule by idiots too. If 51% of the voters are not intelligent people, the tendency remains that they always elect numbskulls. That is defined as idiotic democratic governance. But it should not be used as a tool to suppress the democracy.

The majority Buddhists, as well as non-Buddhists are of the opinion that the nature of Sri Lanka shall remain as unitary (more appropriately ‘solitary’) as provided in 1972 and 1978 constitutions. Even when the British Empire captured this country, they have assured by Article 5 of the Kandyan Treaty in 1815 that they will foremostly protect Buddhism in Sri Lanka. Even his Eminence Cardinal and some other Tamil and Muslim leaders also assented to the said idea. It is the heritage of the people in this country. But it doesn’t mean by inserting the said Article there could be any discrimination or injustice to the other religions. It is the duty of the State as well as of the majority Buddhists to protect the rights of the other religious groups. Religious reconciliation is a duty collectively passed upon all the devotees of every religion. There are at least 20 attacks against Muslims daily reported in London. In that context we are much better in maintaining religious harmony than UK and we have more credibility than those preachers of the west harping on equality and human rights of the people.

Whether minority persons can reach to the leadership?

Some people maintain that the new constitution must be promulgated while making provisions for a man of a minority community to become the leader of the country. It looks pathetic that they have not understood what the constitution is. There are enough instances in the history where people from minority communities have become leaders. Benjamin Disraeli, who belonged to a Jewish Community community, became the Prime Minister of Great Britain twice in 1868 and 1874. Although Sikh community in India amount to a mere 1.7%, Manmohan Singh from the said community was able to become the Prime Minister of India. Similarly, though the Muslim population in India is confined to 14%, Abdul Kalam became the President of India in 2002. Sonia Ghandi, who was born in Italy, has become the Leader of the Congress Party in India. All those leaders did not emerge as a result of exemplary or extraordinary nature of their constitution, but because of the fact they were leaders who thought and worked in terms of broad policy of nationalism not in line of communalism.

Lakshman Kadirgamar was an exemplary leader who earned a high respect from all the people irrespective of their ethnicity, religion or language. He was assassinated by the LTTE . At present we cannot see that kind of statesmen emerging from minority communities. It is not due to any deformity or deficiency of the constitution. There had been many persons from minority communities who had held high ranking offices such as the Chief Justice, the Attorney-General, IGP, military commanders, etc. In the past we have observed the leadership given to the nation by late Lakshman Kadirgamar and late A.C.S. Hameed as national leaders not as leaders of their communities. Today we cannot see such national leadership from minority communities because they are mostly promoting communal feelings and emotions than contributing towards the advancement of nationalism.

There are few matters constantly raised by politicians in the North. One such is the removal of military camps. If the people in the south also resort to a similar demand, are we to remove the military bases from the South also? The other concern is the return of the private lands occupied by the military . The government is gradually implementing its plan to do so. But they never talked or bothered of the lands belonged to Muslims and Sinhalese in the Northern province where as 100,000 Muslims and 40,000 Sinhalese were chased out in 48 hours by Prabhakaran. They may be thinking that those Muslims and Sinhalese are fools, because they do not raise their voice demanding their lands. Politicians in the North also demand the release of detainees in remand prisons on charges of mass murders. There are thousands of inmates with similar charges in the South. Can the government treat them in a different way? Is it not the discrimination always raised by the Tamil political leaders in the North? They are so keen on setting up the hybrid mechanism to try war crimes alleged to have been committed by the forces during the last phase of the war. But their duplicity is visibly demonstrated as they are not seeking any kind of probe into the killing of their own leaders.Those assassins may be still living. Are the international war crime laws not applicable to those criminals?

Should Executive Presidency be abolished?

Although the powers of Executive President had been pruned to a great extent by the 19th Amendment, still the system remains with an Executive Presidency. But ours is different from the Executive Presidencial system in USA, Germany and France. In those countries the change that could be made according to the character of the person elected as the president is minimal. The system or the mechanism is always stronger than the personality of the person elected. But in Sri Lanka personality of the person elected as president remains much stronger than the system. Within the existing framework of the constitution, the one who is elected to the office of the president, if he wants can become a king like King Soloman who is said to be the wisest king in the history, or an emperor like Dharmashoka, who is considered to be the most righteous emperor in history or a king like Pontius Pilate who ordered to crucify Jesus Christ or a president like J.R. Jayewardene, who ordered to fence off temples and argued that people have a right to throw stones at the houses of the Judges of the Supreme Court as a matter of their fundamental rights or to become a lackadaisical president who allows any disaster to occur in the country. To which category or to the model the elected president belongs in is not decided by the constitutional provisions; it is decided on the basis of the level of his wisdom, maturity, experience, benevolence, dedication etc.

The responsibility of the incumbent President

The incumbent president has proclaimed in public that he will not allow to adopt any constitution which will change the unitary nature of the State or to remove the foremost place given to the Buddhism. It is appropriate to explore whether we could expect the realization of any such assurance from the president. The answer is, it is not possible due to two reasons.

The first reason is that the President has no access to the constitutional making process in the Parliament and he has no voting rights. He as the head of the Cabinet has a right to deal with it at the Cabinet. But the past experience shows that he could not prevent Hambantota Port and Mattala Airport being given to foreign countries, despite the fact that the said transactions would undoubtedly cause a severe threat to the defense and the economy of the country. He could not take a decision over a period of 10 months over the SAITM issue because he was under the pressure of two or three persons. Similarly he could not find a solution to the deforestation and devastations, taking place in Wilpattu despite he being the Minister of Environment.

The second reason is the prevalence of the confusion about his political future. If he wishes to remain in politics, there are few options that he could follow as set out below.

1. To stabilize his leadership of SLFP by getting the support of at least 80% of its supporters. In today’s context it is a far-fetched target.

2. To stabilize his leadership in the party by consolidating himself with the group of supporters of Mahinda Rajapaksa. But it is also very clear that it is an un-accomplishable reality in the present scenario.

3. To join the United National Party and to become an activist therein for the purpose of continuation of his presidency. It is an absolute uncertainty.

4. In the event of any collapse of the present government, to form a new government with the support of a group of UNP headed by second-row leadership and to consolidate itself with the SLFP group remaining with him. That is also beyond expectation and highly remote as a group of his own team is now waiting for a crucial time to join Mahinda Rajapaksa’s factor.

5. Just to remain in power in the remaining two years and two months by assenting all and every proposal and reform to be brought up by the UNP led coalition government.

The most probable option that would be followed by him will be the last among all others. There rise two serious questions which are swinging like the pendulum of a clock, before him. The first one is whether he could redeem himself with his debt to the United National Party which brought him into power despite being in his rivalry camp for a long time. Secondly whether he should perform his public duties and obligations for the betterment and the defense of the country as conferred on him by the constitution. If his priority is to comply with the above mentioned first matter, there is no use of retaining the Executive Presidency anymore in our system, and keeping it anymore is like retaining pork discarded even by the pork-seller.

To be continued

CIA/NED/IRI in Sri Lanka Now targeting local government, political parties

November 2nd, 2017

 by  Hassina Leelarathna 

CIA/NED/IRI in Sri Lanka
Now targeting local government, political parties
  When it comes to US foreign policy, there’s no difference between the Democrats and Republicans: both believe in American Exceptionalism and, consequently,  both parties believe that the United States is  predestined and entitled to be the dominant leader on the world stage,  which these days is achieved via the soft-power tactic of promoting democracy promotion and good governance.
And just for that purpose both parties have an international arm, both supposedly non partisan” but led by prominent members of each party:  the International Republican Institute (led by Republican Senator John McCain) and the National Democratic Institute for International Affairs (led by former Democratic Sec. of State Madeleine Albright).  Both are funded by the National Endowment of Democracy (NED), the current day CIA created in 1983 as an NGO because the Agency’s covert activities were becoming an embarrassment.  “We should not have to do this kind of work covertly,” Carl Gershman who was NED president was quoted as saying in 1986.  “It would be terrible for democratic groups around the world to be seen as subsidized by the CIA.”  Regardless of what it calls itself, NED is funded by the US government to promote its foreign policy agenda and, in turn, funds the IRI and the NDI (and a host of local NGOs in Sri Lanka) so they could go boldly forth where the CIA went before.  Only less surreptitiously.
Which brings us to Mr. Steve Cimas, IRI’s country director in Sri Lanka.
The IRI has been operating in Sri Lanka for over ten years, with a handsome annual budget of $300,000 – separate from the large sums the NED has been pouring into local NGOs (over $2 million in 2016).
Since transferring from Burma in February of this year, Mr. Cimas has been quite ubiquitous.
In a posting in mid-June on democracynow.org, the IRI’s “blog about advancing democracy worldwide,” Cimas writes that with the indefinite delay of elections, local bodies in Sri Lanka are operating under the supervision of civil servants led by an appointed commissioner and notes: “..as the caretakers of local government, these commissioners and civil servants must fulfill two fundamental functions: ensure that citizens receive basic services and fill the gap that has been left by the lack of elected local representatives.” 
Apparently, the IRI has now joined the “caretakers of local government.”   The “ability to adapt to the situation on the ground is one of IRI’s greatest strengths,” asserts Cimas after relating how he stepped in to work with government officials of Hambantota, Akkaraipattu, and Jaffna municipalities to  …assess current external communications strategies and to identify communication techniques, including the use of social media, that can increase citizen awareness and participation in the councils’ work.  During the seminars, the councils were able to develop action plans that outlined how they could build upon their communications strategies to enhance citizen engagement.”
 In addition to the skills-building seminars, IRI supported an inter-local government study tour, bringing Hambantota Municipal Council members to the Nuwara Eliya Municipal Council to identify approaches to improve revenue generation, says Cimas.
As indicated in the tweet of August 21, he also seems to have access to and/or is meddling with electoral registers.
Who or what gives Mr.Cimas such authority?  What is the legal standing of the IRI and its officials in Sri Lanka since it doesn’t show up as a registered NGO on the National Secretariat of NGOs online registry? 
(Mr. Cimas has not responded to my email raising these questions.) 
A little online digging shows the IRI listed as a partner/ funder of the Federation of Sri Lankan Local Government Authorities (FSLGA), an NGO which also receives funding from the US government (USAID) as well as the British and Canadian governments.
 
FSLGA is comprised of The National Chapter of Mayors, United Urban Councils Association and All Island Pradeshiya Sabha Chairmen’s Association. 
 
That’s a lot of local government officials to whom the IRI is getting open and unfettered access, without accountability or the need for transparency.
 
Imagine the reaction of US politicians, American media, and the general should officials of Russian or other foreign government-funded NGOs become advisors or partners of their elected officials, with no regulatory oversight.  (Continued below).
No, that’s beyond imagination since at every level of government in the U.S. there’s legislation such as the Foreign Agents Registration Act (FARA) or local ordinances governing the activities of lobbyists.   These laws require registration of foreign entities, reporting of activities such as meetings with elected officials, and disclosure of monetary and other contributions to candidates and officeholders.​​
 
Then again, no need to imagine.  The boiling outrage (even calls for President Trump’s impeachment) over allegations of Russian meddling in the 2016 Presidential give us a pretty good idea.
And speaking of Russian meddling, here’s more of the IRI’s chutzpah, revealed in  Cima’s tweets:
“Imagine the reaction of US politicians, American media, and the general public should Russian or other foreign government-funded NGOs become advisors or partners of their elected officials, with no regulatory oversight.”
​​
Does Mr. Cimas, paid employee of NED, modern day CIA, have access to Sri Lanka’s electoral register? 
Steve Cima 20/08/2017 08:52
This week @IRIglobal is traveling to North Central Province #SriLanka to work with political party members @NEDemocracy #IRIAsia
http://pic.twitter.com/CT1EfuBIuT
Among the IRI’s “democracy promotion” tactics is conducting workshops for  “political parties and candidates to strengthen their skills and prepare them for elections. IRI workshops help parties and candidates develop more effective platforms, campaigns, political messages and internal communications plans.” (IRI statement).
Considering the dysfunctional state of the political system in the US marked by ongoing polarization, gridlock, and stalemate resulting from the political messages” of the two major parties, the credibility of any American organization trying to tell the rest of the world how to manage political parties and run elections would be questionable.
That’s if the IRI is taken at face value. 
While the IRI claims to fund and train political parties across the spectrum, it has a history of supporting favored political leaders and favored political parties, which could lead to either regime change or regime maintenance.  
No less an authority than President Bush said as much when he paid homage to the organization as a powerhouse of American foreign policy muscling its way into every corner of the earth.  In a speech at a dinner hosted by the IRI in Washington in 2005, Mr. Bush thanked the group for being at the forefront of democratic change in more than a hundred countries.”
Praising the IRI for training the next generation of leaders” and strengthening political parties. Mr. Bush said the world had become safer and freer and more peaceful because of the International Republican Institute.”
Further, said Mr. Bush, apparently quite giddy over the successes of the IRI:  You’ve monitored elections, and you’re helping to build civil societies. You’ve made an enormous difference in the lives of millions across the world. I hope that makes you feel good…. These are incredibly exciting times. … In the last 18 months, we have witnessed revolutions of Rose, Orange, Purple, Tulip, and Cedar. And these are just the beginnings. Across the Caucasus and central Asia, hope is stirring at the prospect of change, and change will come. Across the broader Middle East, we are seeing the rise of a new generation whose hearts burn for freedom, and they will have it.”
Several countries are left out of that list of color revolutions” that resulted from the political clinics” run by NED/IRI/NDI, including Haiti (ousting Aristide who was elected democratically twice), Venezuela (in 2002, briefly ousting Chavez for 2 days before his supporters took to the streets and him reinstalled), Ukraine, Myanmar (on and off Saffron Revolution”), Iran (Green Revolution).
Former Texas congressman Ron Paul (Libertarian) once observed that  NED is nothing more than a costly program that takes the US taxpayer funds to promote favored politicians and political parties abroad.”.
 The US’s history of openly supporting the opposition Sam Rainsy Party (SRP) in Cambodia since 2002 is another example of that policy.  In August 2017, the Cambodian government shut down the National Democratic Institute (NDI) and ordered its foreign staff to leave the country while also alleging that the NED and IRI had planned to help the opposition party topple Mr Hun Sen’s government.  Whatever the validity of these claims, there is sufficient evidence of a symbiotic relationship between the IRI and the Sam Rainsy Party.  Sen. McCain has praised  Rainsy as a genuine hero for the entire world” while the  SRP bestowed its Freedom Award on Senator Mitch McConnell, Chairman of the Appropriations Committee. In February 2002, McConnell published an article in the Boston Globe calling for the US to shift its Cambodia policy from a non-partisan approach to pro-active support of  SRP Party in the 2003 elections.
 
The identity of Washington’s favored party in Sri Lanka is no secret.  The US has a long history of interfering in elections to help the United National Party (UNP):  1956, 1960 (two elections), 1965, 2005, 2010, and, most recently and very successfully, 2015 when it helped install its favored political leader Ranil Wickremasinghe in power. 
Given the US’s cozy relationship with Mr. Wickremasinghe and the UNP and, conversely, its ill-concealed opposition to Mahinda Rajapaksa, the IRI’s claim of being non- partisan” would be quite laughable.  
After over a decade of trying, the US has its most favored Sri Lankan political leader back at Temple Trees and the island is clearly an American “client state.”
The IRI should make no pretense that it is busy-bodying in Sri Lanka to provide assistance to opposition political parties and leaders that might undo that feat. [End]
More on the National Endowment of Democracy
NED would have the world believe that it’s only teaching the ABCs of democracy and elections to people who don’t know them, but in virtually all the countries named above, in whose electoral process NED intervened, there had already been free and fair elections held. The problem, from NED’s point of view, is that the elections had been won by political parties not on NED’s favorites list.
 
The Endowment maintains that it’s engaged in opposition building” and encouraging pluralism”. We support people who otherwise do not have a voice in their political system,” said Louisa Coan, a NED program officer.  But NED hasn’t provided aid to foster progressive or leftist opposition in Mexico, El Salvador, Guatemala, Nicaragua, or Eastern Europe – or, for that matter, in the United States – even though these groups are hard pressed for funds and to make themselves heard. Cuban dissident groups and media are heavily supported however.” – From William Blum’s
The Trojan Horse: National Endowment for Democracy.
 
Related articles on US & Sri Lanka:

MR complains of conspiracy

November 2nd, 2017

Courtesy The Island

The UNP, the TNA, the SLFP and the JVP were engaged in a ‘constitutional conspiracy’, former President Mahinda Rajapaksa told Constitutional Assembly yesterday.

Participating in the debate on the interim report of the steering committee of the Constitutional Assembly, the former President said: “Look at the manner in which the debate on this interim report has been conducted during the past three days. First, a UNP minister speaks on behalf of the government. Then, a TNA member speaks on behalf of the Opposition. Once again an SLFP minister speaks on behalf of the government. Then a JVP member speaks on behalf of the Opposition.

All of them are yahapalana stakeholders, they are all in a constitutional conspiracy.”

Full text of Former President Mahinda Rajapaksa’s speech at the Constitutional Assembly:

The Constitutional Assembly began the process of drafting a new constitution nearly 20 months ago. Six sub-committee reports containing various proposals were released in November 2016 and in September this year the interim report that we are debating now, was tabled in Parliament. I have issued detailed statements commenting on the specific proposals made in the various documents that have been released by the Constitutional Assembly up to now and I do not intend repeating myself here. We participated in this constitutional reform process with honesty and an open mind. When the political parties were asked to submit their views, the Joint Opposition sent in written submissions. We participated in the various sub-committees. It’s not that we didn’t have our doubts about the bona fides of the government. We saw the blatant fraud perpetrated on the people of this country through the 19th Amendment which the government introduced for the purpose of abolishing the executive presidency. But we participated in the constitution making process in order to look after the national interest.

Yahapalana manipulation is glaringly obvious in this whole process. The views that our MPs expressed in the various sub-committees were dropped when the reports were published. Look at the manner in which the debate on this interim report has been conducted in the past three days. First a UNP minister speaks on behalf of the government. Then a TNA member speaks on behalf of the opposition. Once again an SLFP minister speaks on behalf of the government. Then a JVP member speaks on behalf of the opposition. All these parties are yahapalana stakeholders, they are all in the constitutional conspiracy together. The genuine opposition force which is the Joint Opposition gets only two or three opportunities to speak a day. In order to justify their quest for a new constitution, members of the government have been claiming that I too had pledged in my manifesto for the 2015 presidential election to bring in a new constitution. That is true, but the question here is that the present constitutional proposals seek to divide the country whereas what I had in mind was a constitution that would enhance the unity and togetherness of all the communities that live in this country.

In any event nobody obtained a mandate to bring in a completely new constitution at either the presidential or parliamentary elections held in 2015. According to the constitutional proposals that have been unveiled, every subject that is now on the central government list is to be evaluated and assigned to the provinces if the provinces can handle it. The concurrent list is to be abolished and the powers therein handed over to the provinces. Even the implementation of the few functions left to the central government are wherever possible, to be carried out by the provincial authorities. In formulating national policies and standards the central government will have to consult each and every provincial council separately. Land, police and finance powers are to be devolved to the provinces. Once all these powers are devolved to the provinces, the central government cannot take them back even with the combined authority of a two thirds majority in parliament plus a countrywide referendum.

A devolved power can be taken back only if each and every provincial council gives its assent to the proposed change. If these proposals are enacted, there will be no point in the present members of this house contesting for parliament next time. They will be better off contesting for the provincial councils because that is where real power will reside. A federal unit or an independent state in the northern and eastern provinces has been a political project pursued by northern politicians since the 1950s. In order to hide the chauvinism and exclusivism that underlies this demand for a separate Tamil state, the devolution of power has always been touted as an arrangement that will be of benefit to all provinces and not just the north and east. All this while, the leaders of other minority based political parties may have been passively and unthinkingly nodding their heads to the demand for more and more devolution of power orchestrated by the TNA lobby.

But now when confronted with the moment of truth, the leaders of political parties based on other ethnic groups and religions may be having second thoughts due to the clear danger that these proposals pose to their own interests. This may be why this process has not progressed beyond the “collecting and publishing of ideas and suggestions” as the government likes to put it. The devolution of power in the manner proposed may be in the interests of northern Tamil politicians but it will place all other minority community based political parties at a disadvantage. The Muslim community cannot possibly agree to the proposal in this interim report that the northern and eastern provinces be considered one province. In 1987, the Sri Lanka Muslim Congress was formed in protest against the merger of the northern and eastern provinces. It is unlikely that the Muslims of the north have forgotten how they were treated when Tamil chauvinists held unfettered power. What prevented the Muslims of the east from being similarly treated at that time, was the presence of the Sri Lanka army.

If by some chance the Northern and Eastern provinces are not merged, it will be interesting to see whether the Tamil people of the East believe their interests will be served through the further devolution of power. How do the Up-country Tamil leaders regard the idea of a new constitution that would place their population under two or three different all-powerful provincial councils with a central government that has no power to intervene on their behalf even in the case of disputes and complaints? Up to now, all leaders of the various ethnic and religious communities other than the Tamil politicians of the north have always sought power at the centre. If the current proposals are implemented, the centre will lose all power. In order to justify their constitutional proposals, members of the government has been saying that I too had mooted a concept called ‘thirteen plus’. What the present government means by thirteen plus is the division of the country. But what I meant by thirteen plus was the closer unification and integration of all communities living in this country through mechanisms like a second chamber of Parliament.

In India, the vast majority of Indian Tamils live in Tamil Nadu. In Sri Lanka however, the majority of the Tamil people are permanently resident outside the north and east. Even though there is a significant concentration of Muslims in the east, the vast majority of the Muslims are permanently resident outside the east. The creation of ethnic or religion based federal units with powers akin to sovereign states, will place the minorities living in those federal units at a disadvantage. I request the government to give up this quest for a new constitution which serves only the interests of northern Tamil politicians and places virtually everyone else at a disadvantage and to concentrate instead on fulfilling the original constitutional pledges they gave the people at the 2015 presidential elections. For a start, the government should let the public know their collective decision on the abolition or otherwise of the executive presidency. The other important matter that needs the attention of this house is the reform of the elections system. The way the elections laws for the local government institutions and the provincial councils were changed was haphazard and arbitrary and this will pose a grave danger to the stability of the governing institutions of the country.

There is the widespread suspicion that the government may try to get the new constitution passed in Parliament through the same means adopted to change the system of elections to the local government institutions and the provincial councils in the recent past. There are over 40 MPs who contested and won the last Parliamentary elections under my leadership and who now hold portfolios under this government. They can defeat this constitution in Parliament by not voting for it. There was an immediate and dramatic improvement in the quality of life, the availability of employment and education in the north in the wake of the development projects launched by my government in that area after the war ended. However today we see that the needs of the people have been cast aside and the needs of the politicians in the north are being given priority. This I believe is a pay-off for the contribution made by certain internal and external forces towards the change of government in January 2015.

Bond Commission denounces conduct of ASG De Livera

November 2nd, 2017

By Shehan Chamika Silva Courtesy The Daily Mirror

Bond Commission Chairman Justice K.T Chithrasiri and Commissioner Prasanna Jayawardena yesterday said the conduct of Additional Solicitor General Dappula De Livera was ” deplorable”.

“I have served 37 years as a judge and I have never seen this happen after an order is made” Justice Chithrasiri told the Commission.

A heated argument erupted after the Commission made an order which prevented the marking of statements given to the Criminal Investigations Officers during their inquiry, during evidence given by the officers yesterday.

The practice during the proceedings is to mark documents during evidence of a witness. The Attorney Generals Department sought to mark statements given to the Police officers by persons who were questioned by the Police officers during the conduct of the investigation by the Police.

Admonishing ASG De Livera who continued to make statements following the order given by the Commission, Justice Jayawardena said that he had never witnessed such behaviour in his entire legal career.

“Your behaviour is not fitting to a senior counsel. I warned you about your behaviour at the chambers as well and I have never seen such behaviour in my 30 rears of conduct as your behaviour is deplorable” Justice Prasanna Jayawardena said.

During the day CID officials, Ruwan Raban (IP), Nalinda Herath (IP), Siril Ranasinghe (PS) and Mahindasoma Jayatilleke (PS) had testified before the Commission yesterday with regard to the way in which they had recorded statements of the witnesses.

The witnesses testified that they had interviewed and recorded statements from the witnesses, who were called by the Secretary of the Commission or the Attorney General.

While leading the first witness, Additional Solicitor General Yasantha Kodagoda moved to mark a bundle of document which contained the copies of statements that were recorded by the CID officials from witnesses.

At this moment, Counsel Chanaka De Silva who was appearing on behalf of former Central Bank Governor Arjuna Mahendran strenuously objected to the marking of the statements recorded by the CID as evidence before the Commission.

He was of the view that the Commission opted to call witnesses to give evidence, and therefore the Commission acted upon the evidence given by the witnesses before the Commission. a statement made in front of a police officer is not evidence no where in our legal system that a statement made to a police officer is considered an item of evidence”, he said.

Mr. De Silva also objected to the process in which these statements were brought in before the Commission to place as evidence.

He said that the most of the statements were available when the witnesses came and gave evidence before the Commission and none of these statements were either shown to them or put to them or even use for the purpose of contradicting evidence.

Mr. De Silva contested on the evidential value of the statements which were attempted to mark as evidence before the Commission. He also said that the way in which the marking police statements to the Commission’s proceedings is alient to the current legal system.

Additional Solicitor General Yasantha Kodagoda replying to the objection stated there are two mechanisms to the Commission’s process. First is the investigation process and the second is the Inquiry, we are currently going through the inquiry, where the witnesses being called and examined by the Counsel before the Commission. And the investigation process took place at the Commission’s premises affected by the CID officers is the process of investigation”.

ASG Kodagoda said according to the 2008 amendment to the Commission of Inquiry Act, there are specific reference with regard to the Investigation and Inquiry separately. Therefore he said that the Commission, in arriving at the truth, can take cognizance of both evidence led during the Inquiry proceedings as well as the material collected during cause of the investigation.

ASG Kodagoda also stating the Section 7 (a) pointed out also that this evidence will not be admissible in the civil or criminal future proceedings.

Then Senior Additional Solicitor General Dappula De Livera also reading the proviso of section 23 of the Commission of Inquiry Act said that the Commission is mandated and required in law to examine the material and then come to a conclusion based on natural justice.

ASG Dappula De Livera said that the Commission has to have the regard to the material collected during the investigation and there is no other way.

Counsel Chanaka De Silva then reading the proviso of section 23 stated that one cannot use such material unless rules of natural justice are observed according to the law. He said that it was a prohibition on the Commission as per law.

President’s Counsel Kalinga Indatissa who was appearing on behalf of Perpetual Treasuries Ltd and President’s Counsel Anuja Premaratne also contested against marking the police statements as evidence before the Commission questioning that whether it was the proper mechanism to lead evidence and what the law is expected to protect as fairness and natural justice.

Considering all the submissions made by the Counsel, the Commission then delivered an order on the marking of statements of witnesses which were recorded with the CID officials at the initial investigation process.

The Commission was of the view that it was against the rule of natural Justice to admit these statements of the witnesses given to the police. And therefore, the marking of those statements as evidence was not permitted.

At this moment when ASG De Livera sought further clarifications about the order, Justice Prasanna Jayawardena replied that the Commission does not want to compromise the integrity of its report by any means therefore reached to that conclusion considering the proviso of section 23 of the Act. We cannot observe at any material without concerning the natural justice, so far we have made every endeavor to act fairly”, Justice Jayawardena said.

ASG De Livera continued to harp on the admissibility of the statements pointing out a previous occassion in which a contradicting order was given, according to De Liveras ” recollection”. However, the Commission said that no order of that nature had been made. Thereafter Justice Jayawardena urged that the matter be left there and to continue with the proceedings.

Now we have made an order so let’s move on”, Justice Prasanna Jayawardena said.

At this moment President’s Counsel Anuja Premaratne cross-examined the first witness and soon after he finished his questioning, ASG De Livera again addressed the Commission on the Commissions order given on admissibility of the statements.

ASG De Livera: Now this Commission prevented itself from looking at the investigating material

Justice K.T. Chitrasiri : Statements!

ASG De Livera: Yes that is what the material is all about

Justice Prasanna Jayawardena: Even if we had accepted those statements, they have zero evidential value

ASG De Livera: I’m making a legal submission that the Commission has prevented it self from looking at material

Justice Prasanna Jayawardena: If that your position then please file written submission in that regard because I do not agree with you because I think your submission is ridiculous. In my view your submission has no any merit because the investigation is a process prior to the inquiry and now we have listened to witnesses at the inquiry level and we are now in evaluating the evidence, so we have no reason to go through these statements because we cannot rely what stated in the statements as it was done without any oath. If there was a contradiction of the statements and the testimonies given by the witnesses then it should have been put to the witness at that stage.

ASG De Livera: Only I’m saying is that this Commission has prevented itself looking at the material which the Commission is mandated under the law to do and thereby now the Commission is making a mockery of these proceedings.

Justice Prasanna Jayawardena: I’m sure your words will be appropriately reported in the media reports, which will give you satisfaction. We are not interested what news papers report, we are interested in our job which I’m sure will upheld by any court. When an order is made, one can go and canvass against it at the appropriate court. Making statements standing in the bar table is not appropriate.

ASG De Livera: if the order is per incuriam we can do it.

At this moment there was a heated argument between the Commissioners (Justice Jayawardena and Justice Chitrasiri) and ASG Livera.

Justice Prasanna Jayawardena: I warned you about your behaviour earlier as well

Justice K.T. Chitrasiri: This is not the first time that you have behaved liked this after the Commission is made the order. Definitely we are going to think about this behaviour.

ASG De Livera: I’m only saying that the order is per incuriam ( Without due regard to Law or Facts

Justice Prasanna Jayawardena: Your behaviour is not fitting to a senior counsel. I warned you about your behaviour at the chambers as well and I have never seen such behaviour in my 30 rears of conduct as your behaviour is deplorable.

Justice K.T. Chitrasiri: I have served 37 years as a judge and I have never seen this happens after an order is made

ASG De Livera: I only made this submissions in the interest of the justice ()

Buddhism has shaped the lives of our people, the identity, and the direction of the society in Sri Lanka in a way unmatched by any other religion

November 2nd, 2017

By Senaka Weeraratna

Buddhism has shaped the lives of our people, the identity, and the direction of our society in a way unmatched by any other religion. Buddhism has been the national faith for over two millennia and the bedrock of the culture and civilization of the Sinhalese people. Sri Lanka is the oldest Buddhist nation in the world. If not for the continuance of the Dhamma, through the study and practice of it in this country, it is unlikely that there would even be a semblance of pure Sasana in Thailand, Myanmar, Laos, or Cambodia all of which countries have borrowed heavily from Sri Lanka.

It is in Sri Lanka that the Wheel of the Buddha’s law was truly set in motion with the arrival of Arahant Mahinda with the blessings of that great universal monarch, Emperor Asoka. If this event did not take place in Sri Lanka, the Pali Canon may not have got recorded and the noble doctrine of the Buddha, recited and accepted by the Arahats, at Rajagaha, Vesali and Pataliputta, i.e. three Great Councils of the Arya Sangha, would have disappeared into thin air long ago.

Arahant Mahinda not only introduced the Dhamma but he also taught it in such a manner that it soon became the overriding element in all the activities of our people in the past, enthused them to develop an altogether new culture and  Social Order relying heavily on the teachings of the Buddha. It also became the basis of the social outlook of the vast majority of our people even to this day. Such is the hold of the Dhamma so ingrained in almost every facet of this country that the Buddhist public very rightly feel that it is something they cannot do without as it is now representative of their life blood, more or less.

In the pre-colonial period the Sinhalese Monarch protected the Buddha Sasana and maintained its purity as one of his primary duties. He exercised his power and authority over the religion to prevent schisms and heretical interpretations of the Dhamma.   He invoked the dasa raja dhamma” as a basis of governance. He developed an Animal Friendly Cultural Heritage. The protection and promotion of the Buddha Sasana was a primary obligation of the Sovereign. He was called the Sasanadikara (promoter of the faith).

It is indisputable that during 450 years of European colonial rule, Buddhism was displaced and degraded and Buddhists were subjected to all kinds of harsh treatment and discrimination while Christianity which was introduced by the Colonial West, became the religion of a small minority that received state patronage and was treated as the state religion in those parts of the country under colonial domination.

The British as a contracting party to the Kandyan Convention in 1815, (Article 5) granted Buddhism an inviolable status  – in acceptance of the unique status that Buddhism enjoyed under the Sinhalese Kings. This pledge was however honoured in the breach by the British colonial Govt. no sooner the ink was dry after signing the Convention. Governor Robert Browning himself admits that he signed the Convention allowing Buddhism to be regarded as inviolate as a ploy to induce the Kandyan Chiefs to sign the Treaty without which it would have not been possible to clinch the deal with the Kandyans.

Buddhism was not taught in Government schools, disregarded as idolatry under missionary influence, and Vesak was not given any special significance until 1885 when it was a declared a public holiday, in response to a sustained campaign of agitation by the Buddhist Public and the Sangha.

Section 29 – devise to prevent rectification of historical injustices caused to Buddhists in the colonial era

Having demoted Buddhism in schools, public life and employment, and in a manner totally inconsistent with the way Buddhism was treated by the Sinhalese Kings in the pre- Portuguese Era, and with a view to preventing Buddhism from regaining its lost status and due place in an independent Sri Lanka the British colonial Government inserted what became known as Section 29 into the Soulbury Constitution.

This Section 29 enshrined a principle that even the British did not necessarily uphold in practice either in Britain or in any of its colonies, despite public declarations of a commitment to the ideal of a secular state. For example, in England the British monarchy i.e. the Queen, is officially declared as the defender of the faith i.e. Christian faith, and in spite of Britain being a multi – religious society, the laws against Blasphemy operate only when the Christian religion is denigrated or ridiculed. Only days of Religious significance to Christians have been made public holidays in Britain. Compare the situation in Sri Lanka where all four religions Buddhism, Hinduism, Christianity and Islam have public holidays on days of religious significance. Sri Lanka issues commemorative postage stamps in respect of all four religions which are officially recognized. In contrast Britain has not recognized like the vast majority of European countries (except Russia and Austria), Buddhism as an official religion. Also, neither the Buddha nor Buddhism has been honoured by way of issue of a commemorative postage stamp in Britain. Members of religious and ethnic minorities of coloured backgrounds are never honoured in Britain as worthy subjects in commemorative postage stamps.  In these respects Sri Lanka is far ahead of both Britain and the rest of Europe. They have a lot to learn from Sri Lanka.

While a huge international campaign is being mounted to shame and demonise Sri Lanka on ground of alleged  lack of equality of status of religion in Sri Lanka’s Constitution on account of Article 9 which grants foremost place to Buddhism while affording protection to all other religions, what these campaigners do not say and what much of the world does not know is that Buddhism has never been granted a parity of status as a religion in the Constitution of any Christian or Muslim majority country. Leave alone parity of status Buddhism is fighting hard to gain official recognition as a religion in several Abrahamic countries despite the recognition granted by the United Nations to Buddhism as a global religion. In some of these Islamic and Christian countries Buddhism is even denied simple recognition as a religion because it rejects the notion of a creator God. According to these views, a belief becomes validated as a religion only when it subscribes to the belief in a God. In that sense Buddhism fails the test of a religion.

There are other reasons why the Church and the Vatican are opposed to Buddhism being accorded official recognition as a religion in Europe, namely to prevent the accrual of benefits from the State to non – Christian religions and organizations. In some Western countries it is not possible to register a Society as a Buddhist organization because Buddhism is not officially recognized as a religion. The alternative then is to have such a Buddhist Society registered as a Charitable Society where membership is open to people of all faiths.

While almost every Buddhist country in Asia has declared Christmas as a public holiday not a single Christian country has declared Vesak as a public holiday despite a significance presence of Buddhists in these countries. So much for reciprocity of obligations.

The Constitutional primacy of one religion is not something unique to Sri Lanka. Almost all Muslim majority countries have declared Islam as the State Religion in their Constitutions.  In most South American countries Catholicism has been declared the State Religion and treated accordingly. In Philippines where the majority are Roman Catholics, Catholicism enjoys State patronage and protection over and above all other religions. In Israel, Judaism is the State Religion. In both Burma and Thailand Buddhism enjoys state patronage because of the large presence of Buddhists in these countries.

In the making or reform of a National Constitution an obsession with the ideal of the principle of equality of status of religions, while disregarding the overwhelming and virtually matchless contribution of one religion to the creation and structuring of a country’s civilization i.e. Buddhism in the history of Sri Lanka,  can only lead to producing a document which will not have roots either in our history or our traditions, and like several other recent Constitutions it will be disowned by the majority of the people of Sri Lanka.

Inter – dependence and close nexus between the State and Buddha Sasana in Lanka’s History

Concepts that are bandied about by the West and their acolytes in Buddhist Asia such as Secularism, Pluralism, Multi-culturalism, Multi – religion and the like with a view to having Buddhism removed from the School, public life and influence on state policy, have their origin in Europe and are more appropriate to Societies and Cultures that spawned them to distance the State from the all powerful Church which was competing with the traditional Monarch to rule the State in Europe. There was no such threat to the King or the State in Asia particularly in Sri Lanka from the Order of the Buddhist Sangha. The Buddhist monks unlike the Christian Clergy in Europe never competed with the King to rule a country in Asia. In the pre – Portuguese era the question of separating the influence of Buddhism on the ethical and moral direction of the society and policy making and policy direction of the State was unthinkable. Buddhism since the time of arrival of Arahant Mahinda in 300 BC and until the entry of Portuguese in 1505, has been the main spring of our civilisation, culture, law and customs. The challenge for the Buddhists of the current generation is to consolidate this position and reclaim the Buddhist heritage as a living force in Sri Lanka. ‘Secularism’ is a concept totally alien to the character and foundations of Sri Lanka’s civilization which is essentially Buddhist.

The greatest challenge to Buddhism as the national religion of Sri Lanka arose with the arrival of the Portuguese in 1505. In fact all three western colonial powers namely the Portuguese, the Dutch and the British that governed Sri Lanka in varying degrees during the period 1505 – 1948, had as the cornerstone of their imperial policy the conversion of the Sinhala Buddhists and the Tamil Hindus into Christianity. This enterprise had the blessings of the highest strata of people of the imperial countries including the Crown, the State and the Church. The avowed political objective in converting the colonized was to transfer their allegiance from the local sovereign to the foreign sovereign, and alienate the converted from identification with their traditional religion, culture, language and sense of self-determination. This diabolical plan invariably required the use of manipulative methods of conversion e.g. force, fraud and allurement, and the repression of indigenous religions i.e. Buddhism and Hinduism, by both overt and covert means. It is pertinent to note that even the local sovereign was not spared from pressure by missionaries to change religion. The assassination of King Buwaneka Bahu the VII by a Portuguese Soldier in Kelaniya in 1552 A.D. is now seen increasingly by astute observers as a punishment meted out by the Portuguese because of King Buvaneka Bahu’s steadfast refusal to abandon the religion of his convictions i.e. Buddhism.

Unfortunately, this long term objective of displacing Buddhism from public life in Sri Lanka and even Hinduism as a mainstream religion in India continues unabated though the methods employed today by the rival camps are more subtle and deep seated than during the colonial era.

If Secularism was an essential part of State policy right from the dawn of state governance in history (Maha Sammatha), Buddhism may have never got off the ground despite the indisputable truths in the Buddha’s teachings. The State patronage Buddhism received from such Kings as Bimbisara and Ajasattu (Bimbisara’s son) of the Kingdom of Magadha, and King Pasenadi of Kosala, during the Buddha’s time played a critical role in alerting the public to the Buddha’s teachings. Within 200 years of the passing away of the Buddha, Buddhism got the biggest promotion when Emperor Asoka embraced Buddhism and sponsored Buddhist missionaries to travel to the four corners of the then known world. Asoka sent his beloved son Mahinda and daughter Sangamitta to Sri Lanka, to be openly welcomed by the reigning King Devanampiyatissa. The rest is history.

There were significant Buddhist Councils in India following the death of the Buddha. All of these great Buddhist Councils had the patronage of the reigning Kings and the respective Government of their States. In the Buddhist Social Order the King was also known as the Sasanadikara – Protector and  promoter of the Buddha Sasana.   Here is an outline of the support given by the Kings of India and Sri Lanka to the great Buddhist Councils of the past:

The First Council

King Ajātasattu sponsored the First Council. It was convened in 544 B.C. in the Sattapannī Cave situated outside Rājagaha three months after the Buddha had passed away. A detailed account of this historic meeting can be found in the Cūllavagga of the Vinaya Piṭaka.

The Second Council

King Kāḷāsoka was the Second Council’s patron and the meeting took place at Vesāli. The Second Council was called one hundred years after the Buddha’s Parinibbāṇa in order to settle a serious dispute over `ten points’. This is a reference to some monks breaking of ten minor rules. Their infringements became an issue of discussion and caused a major dispute as a breach of these rules was thought to depart from the Buddha’s original teachings. This historic council is also named as the Yasatthera Sangīti because of the critical role played in it by the Elder Yasa and his unreserved keenness for safeguarding the Vinaya. The Vajjian monks however refused to accept the Council’s decision and in defiance called a council of their own which was called the Mahāsaṅgiti.

The Third Council

The Third Council was convened under the patronage of Emperor Asoka at Asokārāma in Paṭaliputta in 326 B.C. It was presided over by the Elder Moggaliputta Tissa and one thousand monks participated in this Council. It was held primarily to cleanse the order of the Saṅgha of corruption and discard delinquent monks who held heretical views.

This Council also achieved a number of other important objectives.  The Elder Moggaliputta Tissa, with a view to refuting heretical views and ensuring the Dhamma was kept pure, began compiling a book during the council. It was called the Kathāvatthu. This book comprises twenty-three chapters, and contains a series of discussions (kathā) and rejection of the heretical views held by various groups on matters philosophical. This Kathāvatthu is the fifth of the seven books of the Abhidhamma Piṭaka. The Third Council was also instrumental in giving a royal seal of approval to the doctrine of the Buddha, by declaring it the ‘Vibhajjavāda’, the Doctrine of Analysis. Its content is identical with the Theravāda doctrine. One of the most significant outcomes of this Third Council and one which had far reaching effects for all time, was the Emperor Asoka’s visionary decision to send forth monks, well versed in the Buddha’s Dhamma and Vinaya and able to recite all of it by heart, and preach it in nine different countries. These Dhammadūta monks included the Venerable Majjhantika Thera who went to Kashmir and Gandhāra. The Venerable Mahādeva who was sent to Mahinsakamaṇḍaḷa (modern Mysore) and the Venerable Rakkhita Thera who was sent to Vanavāsī (northern Kanara in the south of India.) The Ven. Yonaka Dhammarakkhita Thera was assigned to proceed to Upper Aparantaka (northern Gujarat, Kathiawar, Kutch and Sindh].

The Ven. Mahārakkhita Thera was sent to Yonaka-loka (the land of the lonians, Bactrians and the Greeks.) The Ven. Majjhima Thera went to Himavanta (the region adjoining the Himalayas.) The Venerable Soṇa and the Ven. Uttara were sent to Suvaṇṇabhūmi [now Myanmar]. The Venerables Mahinda Thera, Ittiya Thera, Uttiya Thera, Sambala Thera and Bhaddasāla Thera were sent to Tambapaṇṇi (now called Sri Lanka). The Dhamma missions of some of these monks succeeded beyond measure and changed the course of history in Asia. It bore great fruits in the course of time and contributed in a large way in ennobling the peoples of these lands with the sublime doctrine of the Dhamma and moulding their civilizations and cultures. As a result of the spread of the Dhamma based on the words of the Buddha, in due course of time India’s stature grew as a country of philosophical wisdom that no other country could match. Correspondingly it became known and respected throughout the length and breadth of Asia and beyond, as Visvaguru, the teacher of the world.

The Fourth Council

The Fourth Council was held in Sri Lanka in 29 B.C. under the patronage of King Vaṭṭagāmaṇi. The main purpose of this Council was to have the entire body of the Buddha’s teaching which was until then passed down from generation to generation by oral transmission written down so that the genuine Dhamma might be preserved for a longer period in its pristine purity. Ven. Mahārakhita and five hundred monks recited the words of the Buddha and then wrote them down on palm leaves. This remarkable project was executed in a cave called, the Āloka lena, located in the cleft of an ancient landslip near Matale.  The success of the Fourth Council is one of Sri Lanka’s greatest achievements in history.  It ensured the preservation in writing of the authentic Dhamma and enabled Sri Lanka many centuries later to share it with the rest of the world, particularly with Scholars and Colonial Administrators from the West in the 19th and 20th Century.

The Fifth Council

The Fifth Council took place in Māndalay, Burma now known as Myanmar in 1871 A.D. in the reign of King Mindon. The chief purpose of this Council was to recite all the teachings of the Buddha and examine them in minute detail to ascertain if any of them had been altered, distorted or dropped.

The Sixth Council

The Sixth Council was convened at Kaba Aye in Yangon, formerly Rangoon in 1954. It was sponsored by the Burmese Government led by the Prime Minister, U Nu. Under U Nu’s leadership and watch a huge cave called the Mahā Pāsāna Gūhā, was built from the ground up, to serve as the gathering place much like the Sattapānni Cave outside Rājagaha in India –the site of the first Dhamma Council. The Sixth Council met on the 17th of May, 1954. Its chief objective as in previous Councils, was to recite, affirm and preserve the genuine wording of the Vinaya, Suttas and Abhidhamma–the pariyatti–as related by the Buddha and his principal disciples.

However the unique feature in this Council in so far as the monks who took part in it came from eight countries. These two thousand five hundred learned Theravāda monks were drawn from Myanmar, Cambodia, India, Laos, Nepal, Sri Lanka, Thailand and Vietnam. Mahayana monks and representatives from all Buddhist countries also attended it. There were two German monks present at this Council meeting, namely Ven. Nyanatiloka Maha Thera and his disciple Ven. Nyanaponika Thera.

The traditional recitation of the Dhamma Scriptures took two years during which period the Tipiṭaka and its related literature in all the scripts were carefully examined.  Their work came to an end in May, 1956. This Council’s work was undoubtedly an unique achievement of representatives from the entire Buddhist world. The version of the Tipiṭaka which it finally produced has been recognized as being true to the pristine teachings of the Buddha (Shakyamuni) and the most authoritative and authentic rendering of them to date.

The Mandate of the State

Buddhism has been the most powerful single factor in the development of Sri Lanka’s civilization. For more than 2, 300 years, Sri Lanka developed and projected a country image that was predominantly Buddhist. Though this pre-disposition was held back during the period of 450 years of western colonial rule, no sooner an opportunity arose after the grant of independence in 1948, the majority of the people again turned to Buddhism as expressive of their national identity and gave a mandate to a newly elected Government to restore Buddhism to its rightful place and make it an unifying and integrative force in the nation.

Today, the State has a mandate to perform its historic public duty, as enshrined in the National Constitution, to extend patronage, protection and foster Buddhism both within and outside the country.

The Presidential Buddha Sasana Commission Report (2002) observed ‘ that the constitutional obligation accorded by the Constitution of Sri Lanka to give to Buddhism the foremost place and accordingly to protect and foster the Buddha Sasana devolves on the Government of Sri Lanka, all state institutions, other organisations, and all its citizens”.

The Report further declared:

Sri Lanka is the centre of Theravada Buddhism. It is the duty and responsibility of everyone to preserve it for the future generations. The Government, the bhikkus, the Buddhist societies and organizations, and the Buddhist people should work for this because preserving Buddhism in Sri Lanka leads to the development of worldwide Buddhism. Further, the Commission believes that its recommendations do not disturb the constitutional rights of the followers of other religions, while it improves the harmony rather than animosity among people who follow various religions”

Sri Lanka – Civilizational State

It may well be said that Sri Lanka is more than a mere nation state as defined and understood in International law. It is also a civilizational state given the heavy underpinning of Buddhism and Buddhist culture in almost every aspect of life in this country, lasting for more than 2000 years.

The Presidential Buddha Sasana Commission Report (2002) dealing with the responsibilities of the Government of Sri Lanka, further said:

   It is seen that the religion of the majority of the people in a country becomes the state religion. Bhutan, Nepal, United Kingdom, certain European countries, and Arabic countries are examples of this. In the Sri Lankan society, this condition prevailed until 1815. In Malaysia, even though its Islamic population is 52%, the state religion has become Islam. From the Devanam Piya Tissa era to 1815, the state religion had been Buddhism”.

Religious Tolerance in Sri Lanka

Buddhist societies are also tolerant of other religions much more than societies belonging to the Abrahamic fold. Despite the heavy pre-dominance of Buddhism in Sri Lanka, other religions also flourish in the country and are officially recognized. They are also protected under the Constitution. Populated townships in the country would show places of worship and presence of adherents belonging to all four religions.

In Sri Lanka, the number of Public Holidays in a calendar year granted to the various religions is further illustrative of this accommodative and tolerant attitude of the State.  For example:

  1. a) Christianity – Good Friday, Christmas (and 52 Sundays)
  2. b) Hinduism – Tamil Thai Pongal day, Maha Shivarathri and Deepavali Festival Day
  3. c) Islam – Milad – un Nabi ( Birthday of the Prophet), Id –UI –Fitr ( Ramazan Festival Day) and Id – UI- Alha ( Hadji Festival Day)

Mahawamsa

In Sri Lanka, as narrated in the Mahawamsa (ancient Chronicle) and supported by epigraphy (stone inscriptions), among others, a significant number of pre-colonial Buddhist Kings donated large tracts of lands to the Buddhist Temples for the sustenance of the Maha Sangha. For example, King Devanampiyatissa, upon embracing Buddhism, made a gift of the Maha Megha Vana (Maha Mevuna Uyana) in Anuradhapura to the Maha Sangha. It is a sacred area for the Buddhists and belongs to the Buddha Sasana which was established by Arahat Maha Mahinda Thera.

These sacred areas of the Buddhists which belong to the Buddha Sasana can be established by evidence, not necessarily legislation. As much as people of non – Buddhist religions expect their sacred areas in the holy lands to be respected ( some areas in the Middle East are out of bounds for non – Muslims) and not used for building places of worship of other religions, Buddhists of Sri Lanka too expect similar respect and courtesy from non – Buddhists. It would be grossly unfair to make indefensible claims and attempt to multi – culturalise the historic sacred sites that are exclusively meant for Buddhist veneration.

What is the Buddha Sasana?”

The Report of the Presidential Buddha Sasana Commission (2002) defines it as the Buddha, the nine super-mundane (navalokuttara) Dhamma, the Sangha, the Buddhist temples (viharas) with their ancillary structures, forest hermitages (aranya senasana) and meditation centres, Bo trees, stupas, image houses, relic chambers, dhamma books and libraries, designated buildings for performance of vinaya acts by the sangha (uposathagara), fields, gardens and properties belonging to the Buddhist temples, Buddhist education, devalas, nuns and nunneries, the laity who had taken refuge in the Triple Gem, Buddhist literature, culture and civilisation, Buddhist festivals and processions (peraharas), Buddhist customs and traditions, Buddhist principles and values and all that are required for its perpetuity .

This Report also deals extensively with the question of Lands belonging to Buddhist Religious Places (Siddhasthana) and Temples (Viharas) in Sri Lanka in Chapter 5.

The Constitution of the Democratic Socialist Republic of Sri Lanka categorically says that It shall be the responsibility of the State to protect and foster the Buddha Sasana in terms of Chapter II of the Constitution. The Government, all institutions and the citizens are bound by the Constitution of this country.

Official Recognition of Buddhism in Europe

It is estimated that there are now altogether between 1 and 4 million Buddhists in Europe, the majority being in Germany, Italy, France and the United Kingdom.

Despite the highly publicized commitment to ‘religious pluralism’ and ‘multi – culturalism’ of European nations, the official recognition of Buddhism is confined only to two states.

Russia and Austria are the only two European states today that recognize Buddhism as an official”, though not necessarily state religion” in their respective countries.

Even UK denies Official Recognition to Buddhism. It does not allow the construction of new Buddhist Temples. But allows Buddhists to occupy existing Buildings and use them for their religious functions. This is also true of several other West European countries.

However, despite restrictive laws, there is public acceptance and accommodation of Buddhism in several European countries including UK, France and Germany.

State Recognition of Religion – What does it mean?

Official State Recognition in the West would enable Buddhists to secure a place and standing in each country and also avoid being subject to derogatory treatment as members of ‘sects’ and ‘cults’, among other things. It would also allow them certain rights such as access to the media, financial support, legal standing, and recognition equal to those of Christian churches, and right to teach in a school. It would allow them the legal right to form voluntary societies as Buddhist Societies with membership restricted only to Buddhists.

The absence of State recognition to Buddhism in almost all European countries bar Russia and Austria functions as an impediment to the proper practice and development of Buddhism in Europe.

There are no public holidays for Buddhism or any other non – Christian religion in the Public Holiday calendar of European nations i.e. with a Christian heritage.

Conclusion

1) Buddhism lacks influence and clout in the international arena to the extent that Christianity and Islam have.

2) Buddhists do not have the equivalent of a World Council of Churches or Organisation of Islamic Co – operation (OIC) to raise issues concerning Buddhists in International fora to create World Public Opinion.

3) International Buddhist Summit Conferences avoid discussion of threats or challenges to minority Buddhist communities as well as pre-dominant Buddhist countries such as Myanmar, Sri Lanka and Thailand, among others.  Threatened Buddhists are never given a platform at these Conferences.

See

The Voices of threatened Buddhists must be heard at the UN Day of Vesak 2017 Conference

https://www.lankaweb.com/news/items/2017/03/11/the-voices-of-threatened-buddhists-must-be-heard-at-the-un-day-of-vesak-2017-conference/

4) No International Buddhist Conference has so far been convened to inquire into the unfolding violence in Myanmar and extend support and solidarity to the Buddhists of Myanmar.

5) The nine point Mahanuwara Declaration issued at the end of the United Nations Day of Vesak 2017 Conference in May 2017 appears to exist today more like a ‘ White Elephant’.

It is shame to hold well publicised and well funded International Buddhist Conferences with no resolve to identify problems and address them or engage in follow up action to carry out the Decisions or Resolutions of such Conferences.

See

Three commitments save UN Vesak Day Mahanuwara (Kandy) Declaration 2017

http://www.sinhalanet.net/three-commitments-save-un-vesak-day-mahanuwara-kandy-declaration-2017

6) Predominant Buddhist Countries e.g. Sri Lanka, Myanmar, Thailand, Cambodia, Laos, Vietnam etc.  which were comfortable with their traditional Buddhist identity in the past are now being approached by powerful western countries and NGO lobbies to drop their ‘Buddhist’ identity and embrace a ‘secular’ and ‘multi-cultural’ image.

7) It is unthinkable for any majority Muslim nation to drop its ‘Islamic’ identity and embrace a ‘Secular’ Image.  Malaysia is the closest to a Multi-Cultural country with a predominantly Muslim population, but it has not dropped its Islamic tag.  Nevertheless, Vesak is a national holiday and there is official acceptance of Buddhism being the second largest Religion in Malaysia.  India, Bangladesh and Indonesia have all declared a Public Holiday for Vesak (also called the Buddha’s Birthday).

8) Multi-culturalism is no longer treated as a panacea for ensuring harmony and cordial relations between ethnic communities in an increasing number of countries. The leaders of UK, France, Netherlands and Germany among other western nations have spoken out against multi-culturalism. It is no longer promoted as an instrument of State Policy. It is in Sri Lanka’s interest to learn appropriate lessons from the rejection of Multi-culturalism by leading Western European countries and devise policies that promote social, ethnic and religious harmony without diluting Sri Lanka’s overriding Buddhist identity.

Senaka Weeraratna

PM required to testify before Bond Commission

November 2nd, 2017

Shehan Chamika Silva Courtesy The Daily Mirror

The Presidential Commission of Inquiry (PCoI) investigating the controversial Issuance of Bonds today said it requires the testimony of Prime Minister Ranil Wickremesinghe in order to “obtain a few clarifications and any other evidence which may be necessary”.

Issuing a statement at the commencement of the today’s session, the Commission noted that it had perused the affidavit given to the Commission by the Prime Minister and that the Commission had certain clarifications to be made.

“With regard to the questions forwarded to the Hon. Prime Minister by this Commission of Inquiry, we have received an affidavit affirmed to by the Prime Minister. The Commissioners have carefully perused this affidavit and we would like to obtain a few clarifications and any other evidence which may be necessary. Therefore, we will be requesting the Hon. Prime Minister to attend a Hearing of this Commission of Inquiry for that purpose” the statement said.

Accordingly, the Commission said that the date at which the Prime Minister would be required to attend the hearing would be notified in due course after ascertaining “with the Prime Ministers office the availability of the Hon. Prime Minister”

Submitting the affidavit, the Prime Minister earlier expressed his willingness to appear before the commission if necessary. The PCoI yesterday said the decision to summon the Prime Minister was made after thoroughly perusing the affidavit.

Although the statement issued earlier in the day said that the only other hearing would be for the purpose of the testimony of the Prime Minister, it was decided last evening that the Commission would conduct hearings on November 16.

The final report of the commission is due on December 8. In its statement the Commission said that it had to analyse lengthy testimonies of over 70 witnesses and over 450 documents are required prior to December 08, at which point the mandate of the Commission ends.

Full statement:

Statement made on November 2, 2017:

The Commission of Inquiry is holding this special Hearing today for the specific purpose of recording the evidence of a few more witnesses. This evidence has been obtained by the officers of the Hon.

Attorney General’s Department who are assisting this Commission of Inquiry. We have agreed with the submission made by the officers of the Hon. Attorney General’s Department, that this evidence may be relevant to our investigation and inquiry in terms of our mandate. That is why, despite the limited time available to us to prepare and finalize our report, we have decided to hold this special Hearing today.

With regard to the questions forwarded to the Hon. Prime Minister by this Commission of Inquiry, we have received an affidavit affirmed to by the Hon. Prime Minister. The Commissioners have carefully perused this affidavit and we would like to obtain a few clarifications and any other evidence which may be necessary. Therefore, we will be requesting the Hon. Prime Minister to attend a Hearing of this Commission of Inquiry for that purpose. The date on which that Hearing will be held, will be decided in due course and will be notified in the usual manner.

When deciding that date, we have to take in to account the fact that, Justice Jayawardena is recovering from surgery held on 17 October and finds it difficult to attend another Hearing for the next two weeks or so. Further, we think it appropriate to consult the Hon. Prime Minister office to ascertain the availability of the Hon. Prime Minister, when fixing the date of the Hearing.

Finally, at present, we are working very hard to prepare and finalize our report before our Mandate ends on

8 December, 2017

. As mentioned earlier, this complex task requires us to consider the evidence of over 70 witnesses, many of whom have given very lengthy testimonies and to analyse over 450 documents, many of which consist of a large number of pages. All this material has to be carefully read, understood and evaluated in order to make the findings and recommendations which are set out in the Mandate issued to us.()


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