Sri Lanka’s New Constitution- a neo-colonial Project.

October 30th, 2017

By Tamara Kunanayakam

A radical overhaul is underway – of our political, economic, financial, social and cultural system. A new Constitution is being discussed, at the same time a plethora of radical reforms are being rushed through. The fact that many of these reforms are being challenged as unconstitutional indicates that the new Constitution is aimed at making what is un-Constitutional today, Constitutional tomorrow, making legal what is illegal by a simple trick of changing the Law!

The issue is not whether a new Constitution is needed or not. It is the fundamental and inalienable right of the people to determine the economic, social, political and cultural system in which they choose to live. But that choice will be their choice only if it is freely made, not with a gun pointed at their heads. Today, Sri Lanka finds itself practically under a form of tutelage to the US, a global power whose strategic objective is to maintain its global hegemony.

It is indeed symbolic that the US Ambassador chose to announce Washington’s decision to assist” Sri Lanka draft its Constitution and implement the Human Rights Council resolution from the amphibious warship USS New Orleans, which is used to land and support ground forces on enemy territory and patrols provocatively close to China. It is also ironic that it is from Temple Trees that the Acting US Assistant Secretary of State Alice Wells declared, last week, that the United States is – and will continue to be – an Indo-Pacific power.” She was the first to announce America’s first ever naval exercise” in Sri Lanka in October, in Trincomalee.

You will agree that rewriting the Constitution under such conditions can only advance Washington’s cause, not ours!

There are also other guns pointed at us: the 2015 Human Rights Council resolution and the notorious IMF/World Bank conditionalities, including in particular the political conditionality misleadingly known as ‘Good Governance,” a neoliberal project inimical to the national interest.

Yes, ‘Good Governance” – or Yahapalana” as we know it here – was not invented by Ranil, Chandrika, Sirisena or Mangala! The IMF, World Bank and the US Treasury coined the term in the late 1980s as a political conditionality for the enslavement of indebted Third World countries such as ours to make us permanently indebted and dependent, facilitating external interference and domination!

Good Governance” takes politics out of government and manages a shift from government to governance. By doing so, it has undermined nation-building wherever it has been implemented, and fuelled identity conflicts especially in multi-ethnic societies. You will find the same buzzwords in the Human Rights Council resolution and in the ‘good governance’ conditionality: rule of law,” democracy,” devolution,” participation,” etc. These are the same buzz words parroted by the Yahapalana regime. In January 2016 last year, the Prime Minister Ranil Wickremasinghe told Parliament that the purpose of the new Constitution was, among other things, to establish a political culture that respects the rule of law and strengthens democracy.”

The aim of ‘Good Governance’ is to convert whatever remains of the State into effective and strong state agencies that guarantee the interests of foreign capital in particular. This not only means that the State will no longer serve the public interest; it will actually be turned into a repressive State against the very people it must serve. Even the World Bank admits that good governance is anti-democratic, that it demands measures directed against the expectations of the majority of the people. In a 2002 report, the World Bank was explicit: Good governance requires the power to carry out policies and to develop institutions that may be unpopular among some − or even a majority − of the population.

Behind both these threats – the Human Rights Council resolution and the IMF/World Bank conditionality – is the same face: Washington’s!

Let’s be clear. The demands contained in the Human Rights Council resolution are not Burundi’s or Cuba’s or Russia’s or China’s. They are Washington’s. It was Yahapalana’s abject servility that made it possible for Washington to turn it into a weapon against the Sri Lankan people and their nation. As for the international financial institutions, they are dominated by Washington, which controls nearly 50% of the IMF vote share compared to Sri Lanka’s 0.19%!

The reforms demanded of us are so fundamental that they cannot be implemented without changing the Republican Constitution. A hybrid court is one. Another is the so-called devolution of power, which is a project to dismantle the State. Yet another is the conversion of our armed forces into an auxiliary of the US armed forces against our national sovereignty, independence and territorial integrity. That will require wide-ranging security sector reforms; demilitarisation of the North and East (which means two-thirds of our coastline); external control over recruitment and vetting of employees and officials; ending military involvement in civilian activities; etc. etc.

Underpinning the resolution is the demand for accountability, accountability is the pillar on which the so-called Responsibility to Protect” (or RtoP) stands, and the goal of RtoP is to legitimise US intervention and domination!

In the late 19th century, the US and Great Britain justified their savage wars of peace” as the White Man’s Burden” to bring civilization and progress” to barbaric non-Western, non-Christian, non-white peoples. Today, the justification is Responsibility to Protect,” which is claimed by the US and its junior partners in the West as the right to intervene in other countries under the pretext of protecting citizens of those countries. The moral rhetoric is human rights and humanitarianism. The victims are the same – non-Western, non-Christian, non-white.

RtoP is a project of re-colonisation, associated with tutelage. In a report on Responsibility to Protect, the UN Secretary General called for revising the UN Trusteeship System, i.e., the system of tutelage for non-self-governing” colonial territories (2013). The original proposal came from former US Ambassador Edward Marks who was Deputy Chief of Mission in Sri Lanka, in 1987. Marks talked about an international regime of tutelage for multi-ethnic societies, which he said were failed States.” His argument is that the transition from colonial rule to political and economic independence in the nation-state model is proving to be too much for some very fragile multi-ethnic societies.

The implications of the resolution are far reaching in terms of the ability of foreign powers to intervene in the sovereign affairs of a country, despite domestic opposition. An OHCHR Report on Rule of law tools for post-conflict States (2006), is unambiguous. According to it, in case of domestic opposition to international involvement, an international mandate provides international actors with the authority and means to intervene directly in domestic affairs and overrule domestic procedures if necessary.

US interference in Sri Lanka began long before the resolution was adopted. It was, however, the Yahapalana regime that gave it wings and also international legitimacy.

The US Secretary of State John Kerry arrived in Sri Lanka to fix the road map even before a legitimate Government was in place. The two visits to Sri Lanka of Jeffrey Feltman, the UN Under Secretary-General for Political Affairs, are also significant. On his first visit shortly after the 2015 Presidential elections, Feltman declared he was here to assist in the process of accountability and reconciliation.” On his second visit last month he revealed that accountability and reconciliation had meant changing the Constitution. He came to monitor progress.

Feltman is a former US Assistant Secretary of State, a neoconservative hawk linked to Robert Kagan – their theoretician, Victoria Nuland and Samantha Powers. Feltman has been involved – at the highest level – in regime change, destabilization, the break-up of sovereign States into ethnic enclaves, fomenting violence. I would require more time to give an account of his role in covert operations in the Ukraine, Russia, Syria, Iraq, Lebanon, Moldova, Georgia, Venezuela, Colombia, El Salvador, etc.

Other significant visits include that of Samantha Power, also known as the Liberal War Hawk,” and George Soros, US multi-billionaire who believes we don’t have enough constitutional democracy.

Once the Council resolution was adopted, things moved into high gear. Three months later, the Prime Minister announced the establishment of the Constitutional Assembly, two months later, along with USAID, he said assistance would be obtained from Washington, the European Union, and the UK through the Foreign Office funded Westminister Foundation for Democracy, which was set up in 1992 to organize political parties in Eastern Europe following the collapse of the socialist bloc. In July 2016, the US Assistant Secretary of State Nisha Biswal visited Sri Lanka and admitted there was a direct link between the Council resolution and a new Constitution. She said the Constitution was part of the work foreshadowed” in the Council resolution and that as ‘co-sponsor,’ the US felt it was a shared responsibility to help this process through.” That was just before the US Ambassador’s announcement from USS New Orleans that Washington would assist with the drafting.

What began as an agenda to abolish the Executive Presidency was transformed overnight into a full-blown reform of the Constitution.

With the new Constitution, as with the resolution, the Yahapalana regime is trying to convert us Sri Lankans into Washington’s little soldiers who will defend a hegemonic vision based on invisible threats.” With the arrival of the Yahapalana regime, there has been a strengthening of military ties between the two countries, as confirmed before the US Congress by Acting US Assistant Secretary of State Alice Wells. The recent launch of the US-trained Sri Lanka’s first Navy Marine Force trained for rescue and evacuation of US troops in case of attacks at sea, and the Indian Ocean Conference at Temple Trees, are part of a process that will permanently affect Sri Lanka’s independence and sovereignty.

It is significant that the Minister holding the Foreign Affairs portfolio at the recent Indian Ocean Conference in Temple Trees (August-September) had been involved in drafting a military agreement with high-level US military officials in secret meetings in 2002. He was then Minister of Defence. The Prime Minister on both occasions was the same and was believed to have met with the then US President George Bush in Washington to discuss the Agreement that was to be signed in December.

Coming back to the invisible threats” to Washington that Sri Lanka will be called upon to fight, what are they? Where is the evidence? These are legitimate questions.

The response to these questions by former Secretary of Defense Donald Rumsfeld shows that Sri Lanka will be dragged into wars and conflicts over which it has no knowledge or control. Rumsfeld was referring to Iraq and so-called Weapons of Mass Destruction, which turned to be a fiction of Washington’s fertile, but sick, imagination, but for which a modern day savage war for peace” was fought, people massacred and a country destroyed. Here’s what he said: the absence of evidence is not evidence of absence….There are things we know that we know. There are known unknowns. That is to say, there are things that we know we don’t know. But there are also unknown unknowns. There are things we don’t know we don’t know. … Each year, we discover a few more of those unknown unknowns.

In this regard, I will leave you with a question for further reflection. It was posed by the famous American writer and filmmaker, Errol Morris :

Imagine someone tells you that there is an elephant in the room. You search the room, opening drawers, checking closets, looking under the bed. No elephant. Absence of evidence or evidence of absence?

Friends, fellow Patriots, if the Constitution is to be ours, written by a free people, we must first resist this diabolical project!

Thank you! 

This text was a speech given at the launch of the Eliya” movement in Boralesgamuwa on September 6

කිතුලට නො නැඟි ගැහැණිය!

October 29th, 2017

වරුණ චන්ද්‍රකීර්ති

මතක විදිහට ඒ 2010 අවුරුද්දේ දවසක්. අවිස්සාවේල්ලේ ඉඳලා මහරගමට ධාවනය වුනු ලංගම බස් රථයකට මේ ලේඛකයා ගොඩවුනේ කොස්ගමින්. වෙලාව උදේ 11 විතර වෙන්න ඇති. සතියේ දවසක් වුනත් බස් එකේ වැඩිය සෙනඟ හිටියේ නෑ. බස් එකත් ධාවනය වුනේ මිනී ගෙනියන වාහනයක් ධාවනයකරනවාට වඩා තරමක් වැඩි වේගයකින්. මේ ලේඛකයා වාඩිවුනේ බස් රථයේ මැද හරියට වෙන්න තිබුණු දකුණු පැත්තේ වීදුරුව අයිනේ ආසනයක. අතේ පොතක් පත්තරයක්වත් නො තිබුණු හින්දා නිකම් වටපිට බල බලා එනවා ඇරෙන්න වෙන කරන්න දෙයක් තිබුණෙත් නෑ. ඒත් හදිසියේ ම තමන් ඉඳගෙන හිටිය ආසනයට පිටුපස ආසනයේ ඉඳගෙන කතාකරන කාන්තාවන් දෙදෙනෙක් ගේ කතාවකට මේ ලේඛකයා ගේ කණ ඇදිලා ගියා. ඒ, ගමේ ගොඩේ පෙනුම තියෙන වයස අවුරුදු පනහක් විතර ඇති ගෑණු දෙන්නෙක්.

පොළේ යන්න ඕන බව ඇත්ත. ඒත් පොළේ විතරක් වෙළෙඳාම් කරලා හරියන්නේ නෑ. ගෙවල් ගානේ පලයන්. ගමේ විදිහට යද්දී හොඳට වෙළෙඳාම් වෙනවා.” එක කාන්තාවක් කිව්වා.

හරියට පාට එන්නේ නෑනේ අක්කේ” අනිත් ගැහැණිය කිව්වා.

ඒකට මයිලෝ දාන්න ඕන.”

දානවා. ඒත් හරි ඉක්මනින් පුස්කනවානේ.”

ඒකට බෙහෙතක් දාන්න ඕන. පිටකොටුවේ බංගසාලවීදියෙන් ගන්න පුළුවන්. මම උඹට කඩේ නම ලියලා දෙන්නම්කෝ.”

කතාවට හොඳින් කණ් දී ගෙන හිටිය මේ ලේඛකයාට තේරුණා ඒ කාන්තාවෝ දෙන්නා කතාවෙන්නේ කිතුල් හකුරු හදන ක්‍රමයක් ගැන කියලා. අපේ මිනිස්සු මේ වගේ වැඩකරන්න හරි දක්‍ෂයි. මේ වගේ මිනිස්සු කරන වැඩවලට රැවටෙන අයත් අපි අතර ඕන පදම් ඉන්නවා. කල් පනින්න ළඟ මාළු ටිකක් කඩෙන් ඇරගෙන මුහුදු වැලි ගාලා විකුණන හාදයෝ දෙහිවල, වැල්ලවත්ත පැත්තේ ඉන්නවා මේ ලේඛකයා දැකලා තියෙනවා. මැනිං මාර්කට් එකෙන් ගන්න පරණ මඤ්ඤොක්කා ටිකක් උඩට වැටකින් කඩාගන්න මඤ්ඤොක්කා කොළ ටිකක් දාලා විකුණන මිනිස්සුත් ඉන්නවා. ඉතින් මේ විදිහේ බොහොම ප්‍රෙස් දේවල්, ගමේ දේවල් අපේ මිනිස්සු සල්ලි දීලා ගන්න බව ඒ සෙල්ලම කරගෙන යන අය දන්නවා.

ගම්වල මිනිස්සු විවිධ නිෂ්පාදන වැඩවලට යොමු කරවන, ඒ විදිහට හදා වඩාගන්න දේවල් විකුණාගන්න ක්‍රමයක් විදිහට දේශීය සංචාරකයෝ ගම්වලට යවන්න පොළඹවන වැඩපිළිවෙලක දී අපි සළකාබලන්න ඕන වැදගත් ම කාරණයක් තමයි මේ විදිහේ වංචාවලින්, සෙප්පඩ විජ්ජාවලින් අත්මිදෙන්න කළ යුතු දේ මොකක්ද කියලා හොයා බලන එක. උදේ පාන්දර ඇඳෙන් නැගිට්ට වෙලාවේ ඉඳලා රෑ නින්දට යනකල් සාධාරණය ගැන කතා කළත් අපේ හුඟක් මිනිස්සු කැමැති බඩ පළලා බිත්තර හොයන වැඩවලට. යමක් වවාගෙන කන්න තරම් ඉවසීමක් තියෙන අය හරි ම අඩුයි. එක දවසින් බුදුවෙන ක්‍රම තමයි මෙහෙම කට්ටිය හොයන්නේ. ඉතින් ගමේ නිෂ්පාදන කරන්න අපේ මිනිස්සුන් ව පොළඹවලා ඒවා විකුණාගන්න පොටක් පාදලා දුන්නත් මේ වගේ සෙල්ලම් හින්දා ඒ හැම වැඩක් ම අතරමග දී කොට උඩ යන්න පුළුවන්. ඉතින් මේ වගේ සෙල්ලම්වලට යොමුවෙන එකෙන් අපේ මිනිස්සු වළක්වාගන්නේ කොහොම ද?

ගම්වල නිෂ්පාදන වැඩිකරන ක්‍රමයක් විදිහට මේ ලේඛකයා දිගින් දිගට ම කිව්වේ සමූහ සමාගම් හදන වැඩකට අපේ මිනිස්සු යොමුකරන්න ඕන බවක්. අපේ අයට තේරෙන භාෂාවෙන් කියනවා නම් අපි හදන්න ඕන කොම්පැනි. අර පරණ විදිහට සමූහ ගොවිපොළවල් හදලා, ඒවා ගැන හොයන්න නිලධාරි තන්ත්‍රයක් පත්කරලා මේ වැඩේ කරන්න බෑ. සමූහ ගොවිපොළවල් වගේ ඒවා හදලා සෝවියට් දේශය වගේ රටවල්වල නිෂ්පාදන කටයුතු බිඳවැටුණා. ඒත් චීනයට පුළුවන් වුනා ඒ පරණ සමාජවාදී වට්ටෝරු ක්‍රමයෙන් අත්මිදිලා අලුත් විදිහකට තමන් ගේ ගම්වල ආර්ථික කටයුතු නඟාහිටුවන්න.

තමන් ගේ ගම්වල ප්‍රජා සමාගම් ඇතිකරන වැඩේ චීන්නු 1958 අවුරුද්දේ ඉඳලා ම කරගෙන ආවා. ඒත් සමාජවාදී වට්ටෝරු ක්‍රමත් අඩු වැඩියෙන් පාවිච්චි වුන හින්දා 1978 වෙද්දිත් චීනයේ තිබුණේ ඒ විදිහේ ග්‍රාමීය සමාගම් ලක්‍ෂ පහළොවක් විතරයි. ඒත් ආර්ථික ප්‍රතිසංස්කරණ පටන් ඇරගෙන අවුරුදු හතක් ගතවෙද්දි ඒ ප්‍රමාණය ලක්‍ෂ 120 ක් දක්වා වැඩි කරගන්න චීන්නුන්ට පුළුවන් වුනා. 1978 අවුරුද්දේ දී ග්‍රාමීය සමාගම්වල වැඩකළේ ලක්‍ෂ 280 ක විතර ජනගහනයක්. ඒත් 1990 වෙද්දී ඒ ප්‍රමාණය ලක්‍ෂ 1350 ක් දක්වා වැඩිවුණා. මේ විදිහට ග්‍රාමීය සමාගම්වල වැඩකරන පිරිස පස් ගුණයකින් විතර වැඩිවෙද්දි ඒ අය කරපු නිෂ්පාදන ප්‍රමාණය 37 ගුණයකින් විතර (ඒ කියන්නේ යුවාන් බිලියන 1800 ක් දක්වා) වැඩිවුනා.

චීන්නු මේ හැම වික්‍රමයක් ම කළේ දේපල අයිතිය පවා පුද්ගලයන්ට පවරලා නොතිබුණු සමාජ ආර්ථික වටපිටාවක් ඇතුළේ. ඉතින් ඒ වගේ ක්‍රමයකට අවශ්‍ය මූල්‍ය පහසුකම් සැපැයීම වගේ කාරණා අද තියෙන ආර්ථික ශාස්ත්‍රවලින් පැහැදිළි කරන්න බෑ. නිකමට හිතලා බලන්න අපි ණයක් ගන්න ගියා ම අපේ බැංකු ඉල්ලන දේවල් ගැන. දේපල අයිතියක් නැති මිනිහෙක්ට ගන්න පුළුවන් ණය මොකක්ද? ඉතින් චීන්නු කරපු වික්‍රමයෙන් අපිට ඉගෙනගන්න දේවල් තියෙනවා. ඒත් අපේ විශ්වවිද්‍යාලවල පවා අදටත් උගන්නන්නේ අර සාම්ප්‍රදායික සමාජවාදී නිෂ්පාදන වට්ටෝරු ගැනයි ධනවාදී නිෂ්පාදන වට්ටෝරු ගැනයි විතරයි.

අපි හැමෝ ම දන්නවා අර බස් එකේ ගිය අක්කලා දෙන්නා වගේ ම චීන්නුත් හරි හරියට සමහර බඩු මුට්ටු නිෂ්පාදන කරපු විදිහ. පාලනය කරපු ආර්ථික ක්‍රමයක ඉඳලා විවෘත ආර්ථික ක්‍රමයකට ඒ වගේ මහා ජනගහනයක් සංක්‍රමණය වෙද්දි මෙරු මතුවෙනවා වගේ වංචාකාරයෝ පහළවෙන එක පුදුමයක් නෙවෙයි. ඒත් මේ වෙද්දි ඒ රෝගය යම් ප්‍රමාණයකින් සනීපකරගන්න චීන්නුන්ට පුළුවන් වෙලා තියෙනවා. මේ වැඩේ කරන්න චීන්නු අනුගමනය කරපු එක උපක්‍රමයක් ගැන මේ ලේඛකයා හොයලා බැලුවා. ඒ තමයි වෙළෙඳනාම ක්‍රමය අනුගමනය කරන්න මිනිස්සු පොළඹවන එක. ඉතින් හවුලේ එක වෙළෙඳනාමයක් යටතේ භාණ්ඩයක් නිෂ්පාදනය කරද්දි ඒ වැඩේට හවුල්වෙන අය ගේ වැඩ හවුලේ ම අධීක්‍ෂණය වෙනවා. එහෙම කරද්දි තම තමන් කැමැති විදිහට වැඩකරන්න තියෙන ඉඩ ඉබේ ම ඇහිරෙනවා.

අපේ ගමක පොදු හවුල් සමාගමක් පිහිටුවලා එක වෙළෙඳ නාමයක් යටතේ කිතුල් හකුරු හදනවා කියලා හිතන්න. වැඩේට හවුල්වෙන අය ගේ නිෂ්පාදන ගැන අන්‍යොන්‍ය විදිහට පරීක්‍ෂාකරලා බලන කොන්දේසියකට ඒ අය ව එකඟ කරගන්න පුළුවන්. එහෙම එකඟවෙනවා නම් විතරයි ඒ වෙළෙඳනාමය යටතේ තමන් ගේ හකුරු නිෂ්පාදනය කරන්න පුළුවන් වෙන්නේ. ඉතින් හොඳ අධීක්‍ෂණයක් යටතේ කිතුල් හකුරු හැදෙනවා. මේ ගැන පාරිභෝගිකයොත් දැනගන්නවා. ඒ විදිහට නිෂ්පාදනය කෙරෙන හකුරු විතරක් මිල දී ගන්න පාරිභෝගිකයෝ පෙළැඹෙයි. ඉතින් ඒ වැඩේට හවුල් නොවෙන නිෂ්පාදකයාටත් අනිවාර්යයෙන් ම තීරණයක් ගන්න සිද්දවෙනවා.

ඊට අමතර ව, ගම්වල පිහිටුවාගන්න පොදු සභාවකිනුත් මේ නිෂ්පාදන කටයුතු අධීක්‍ෂණය කරවලා සහතික කරගන්න පුළුවන්. ගම්වල කරන්න පුළුවන් නිෂ්පාදන මොනවා ද කියලා හඳුනාගන්න පුළුවන් වෙන්නේ ගමට අනුයුක්ත කරලා ඉන්න ග්‍රාම නිලධාරි, සංවර්ධන නිලධාරි, සමෘද්ධි නියාමක, කෘෂිකර්ම නිලධාරි වගේ අයත්, ගමේ පන්සලේ හාමුදුරුවෝ, ඉස්කෝලේ විදුහල්පතිතුමා, දායක සභාව – සංවර්ධන සමිති – කාන්තා සමිති – තරුණ සංගම් වගේ සමාජ සංවිධානවල නායකයෝත් එකතුකරලා හදාගන්න සභාවක් මූලික කරගෙන කියලා මෙයට පෙර ලිපියකින් කිව්වා. ආණ්ඩුවේ දෙපාර්තමේන්තු, බැංකු, රාජ්‍ය නොවන සංවිධාන කියලා හඳුන්වාගන්න ආයතන වගේ බාහිර සංවිධානවලට පුළුවන් මේ විදිහට පිහිටුවාගන්නා සභාවක් හරහා ගමේ සංවර්ධන වැඩට සම්බන්ධවෙන්න.

ප්‍රජාතන්ත්‍රවාදය කියලා කියන්නේ උඩ කට්ටිය එකතුවෙලා හදලා පහළ අයට බෙදලා දෙන එකක් විතරක් ම විය යුතු නෑ. දායක සභා, කාන්තා සමිති, තරුණ සංගම් හදාගන්නවා වගේ ගමේ මිනිස්සුන්ට ම පුළුවන් වෙන්න ඕන තමන් ගේ ආර්ථික කටයුතුවලට අදාළ පාලන සභාවකුත් පිහිටුවාගන්න. මේ වගේ වැඩට උවමනා දැනුම, ජවය, ශක්තිය ලබාදෙන එක ජාතික ව්‍යාපාරවලට සම්බන්ධ අයටත් කරන්න පුළුවන්. ඒත් අපේ ජාතික ව්‍යාපාර බොහෝ වෙලාවට සීමාවෙලා තියෙන්නේ උඩ මට්ටම් ඉලක්ක කරගෙන තමන් ගේ කටයුතු කරගෙන යන්න. ඊට පස්සේ ඒ අය ආඩපාලි කියනවා හාල් සේරු දෙකට, පරිප්පු කිලෝවට, කිරිපිටි පැකැට් එකට මිනිස්සු ආගම්වලට හරවාගන්නවා කියලා. ඒත් අපේ මිනිස්සු මේ අසරණකමෙන් ගලවාගන්න පුළුවන් ක්‍රමයක් ගැන ඒ අය හිතන්නේ නෑ.

හැම දේ ම ආණ්ඩුව ලවා ම කරවාගන්න ඕන කියන අදහස තමයි හැම කෙනෙක් ළඟ ම තියෙන්නේ. ඉතින් විශ්වවිද්‍යාලවල ඉන්න පොඩි ළමයි කලබලකරනවා වගේ ම ජාතික ව්‍යාපාරවල ඉන්න අයත් උද්ඝෝෂණ, පෙළපාලි යන්න විතරක් පෙළැඹිලා. මේ උද්ඝෝෂණ සෙල්ලම හැම වැඩේට ම ගැලපෙන තෛලයක් නෙවෙයි. අපේ ගම්වල මිනිස්සුන් ගේ ආර්ථිකය ශක්තිමත් කරන වැඩවලටත් මේ වැඩිහිටි අයට දායකවෙන්න පුළුවන්. මේ අරමුණත් අපේ ඒ වැඩිහිටියන් ගේ න්‍යාය පත්‍රවලට එකතුවේවා කියලා අපි ප්‍රාර්ථනා කරමු!

වරුණ චන්ද්‍රකීර්ති ෴

The Sanhga are not despotic

October 29th, 2017

Upali Cooray

Agitated over the decision by the Malwatta and Asgiriya chapters following a two hour meeting, some critics have expressed the Sangha as despotic. The Anunayake of the Malwatta Vihara has commented that the proposed constitution is not suitable as it leads to division of power including assigning of powers to the provincial councils, and Pradeshiya Sabhas, which were not even entertained in Parliament. Obviously some of the yahapalana backers try to deal with this decision with a barrage of criticism including disparagement of the Maha Sangha. They take umbrage on Sangha for opposing the effort of the government to change the constitution. The government is hell bent on changing the constitution in order to make way for federalism backed by the UNHCR, the US and EU.

The fact that Malwatta chapter Mahanayka Thero was abroad when the Sangha Karaka Sabha met is true, but the Anunayake was present.

The Maha Sangha had been the custodian of not merely temples but preservation of the dhamma. They lead a life of austerity from very young age as samaneras and become upasampada bhikkus, obtain an education with great difficulty, and serve the nation perhaps more than political authorities. This was the crux of the value system ingrained in Buddhist society in Sri Lanka.

The UNF in their manifesto said steps would be taken to introduce a new constitution.  It further stated measures will be taken to maximum use of devolution of power with every one’s consent under singular state. What is now being put forward is a plan for an eventual Federal state. There is a subtle difference between the saying and doing.

Present Government never received a mandate to repeal and replace the existing constitution. Words such as ”ekiya” in Sinhala and “Orumiththa Nadu” in Tamil have replaced the “unitary” status of Sri Lanka. The Tamil word can be translated to united country or country formed by amalgamation. No prelate except hard core UNF priests, who are a few, will give consent to this underhand move to bind the country to US and EU backed by the Tamil Diaspora. Malwatta Mahanayaka Thero is well known for his impartiality but he is correct in opposing the government’s effort.

The Buddhist leaders in our country throughout history applied the teachings of the Buddha to introduce morality and ethics to the society; thus, the doctrine had a profound effect on the worldly life of a person and their spiritual advancement. The land became the ‘protector of the doctrine’ according to Buddhist scriptures. The Sangha, one of the three “ratanas” had to be protected by the kings, as they became doctrinal advisors to the king as well as the inhabitants. They were highly educated and the education of the people lay in their hands. The king built viharas, dagabas and enshrined relics of the Buddha in them.

Recently there had been some ‘un-Buddhist actions, and pronouncements by the rulers who are vested with responsibility of the very foundation of our Buddhist civilization. This aspect is clearly spelt out in the Asgiri Maha Vihara statements on the uncalled for actions by the ruling hierarchy. They include taking of Buddhist monks in to custody, for making statements ‘which could disturb national reconciliation’ speaking rather disparaging about Buddhist monks in the manner and making statements that administration of some temples would be vested with ruling hierarchy. These are made supposedly to some so called excesses by the Buddhist clergy.

In some parts of the world protectors of spiritual upliftment, the clergy too engaged in unethical, ungodly, economical pursuits that there were conflict between the papacy and the monarchy. Lankans should not be sermonized on human rights by the so called world bodies today as their values flow in blood and veins of inhabitants of this blessed land. The ruling class may be reminded of this lesson so that there will be no departures from the respected ethics of the land In the proposed constitution it is said that these basics are not violated. The countrymen however remain perplexed by different statements by ruling hierarchy.

The vast majority of Bikkhus in this country lives an austere life and does silent service to the Sasana and the people. They do not require publicity. As in any other religion there are eccentrics such as Pitiduwe Siri Dhamma and occult healers. Buddharakkitha who planned the killing of Prime Minister S.W.R.D Bandaranayke had an illicit affair with Wimala Wijewardana a Minister in the cabinet. These digressions of some modern day monks are overwhelmed by events such as a congregation of Bhikkus accompanying the army of king Dutugemunu making it a holy war aginst Elara. Wariyapola Sumangala the monk who took down the Union Jack and re-hoisted the Sinhalese Lion flag, S. Mahinda the Tibetan monk who fought for Sri Lanka’s independence through his poems, Migettuwatte Gunanada thero who publicly debated in favour of Buddhism, Battarmulle Sri Subhuthi thero, who died in prison for opposing the British Raj, Balangoda Ananda Maithriya thero a most venerated monk in modern times , Dr. Kotagama Vachissara Thero, Polwatte Bhudda datta thero, Galaboda Gnanissara thero, the list will go on.

Some critics are trodding a path where Angels fear to tread, not knowing the subject they are trying to tackle. No major religions teach hatred. Sri Lanka has never had a religious problem or an ethnic problem. It was Terrorist problem we have solved.

Upali Cooray

egalawan288@gmail.com

මත්තල ඉන්දියාවට විකුණුවොත් රටේ ජනපතිටත් එහේ යන්න ඉන්දියාවෙන් අවසර ගන්න වෙයි – හිටපු ජනාධිපති මහින්ද රාජපක්‍ෂ

October 29th, 2017

මත්තල – දිලීප් එන්. ජයසේකර උපුටා ගැන්ම දිවයින

රටට මේ වෙලාවේ නව ව්‍යවස්‌ථාවක්‌ අවශ්‍ය නොවන බව මල්වතු අස්‌ගිරි මහනාහිමිවරුන් ඇතුළු රටේ සමස්‌ත විද්වතුන්ම පවසද්දී එයට සවන් දීම රජයේ යුතුකමක්‌ බව හිටපු ජනාධිපති මහින්ද රාජපක්‌ෂ මහතා පැවසීය.
 
 හිටපු ජනාධිපතිවරයා මේ බව පැවසුවේ තිස්‌සමහාරාම බෙරළිහෙළ කුඩාගම්මාන තුන ශ්‍රී සුදර්ශනාරාම විහාරස්‌ථානයේ පසුගිය දින (24 දා) පැවති ආගමික උත්සවයක්‌ අමතමිනි.
 
 එහිදී හිටපු ජනාධිපතිවරයා මෙසේද පැවසීය.
 
 අද මේ ආණ්‌ඩුව කඩිමුඩියේ නව ව්‍යවස්‌ථාවක්‌ ගේන්න කටයුතු කරමින් යනවා. ඒ අතරේ ආණ්‌ඩුවේම ඉන්න ඇමැතිවරු එක එක සැරේට එක එක ප්‍රකාශ නිකුත් කරනවා. වෙලාවකට ව්‍යස්‌ථාවක්‌ ගේන්නේ නෑ කියනවා. තව කෙනෙක්‌ කියනවා මේ කෙටුම්පතක්‌ විතරයි කියනවා. පනතක්‌ නෙමෙයි කියනවා. ශ්‍රී ලංකා නිදහස්‌ පක්‌ෂයේ අය එකක්‌ කියනවා. ඊට හාත්පසින්ම වෙනස්‌ කතාවක්‌ යූඑන්පී එක කියනවා. දැන් මේක හරියට අච්චාරුවක්‌ වගෙයි. මේ ආණ්‌ඩුවේ හැමදාම විවාද හා සංවාද විතරයි. වැඩ නෑ. රටේ කිසිදු සංවර්ධනයක්‌ නෑ. මම එදා හදපු අධිවේගී පාරවල් නිසා රටේ නව සංවර්ධනයක්‌ ඇති වුණා. එදා අපිට මතකයි මේ පළාත්වල ජනතාවට පවා ජීවත් වෙන්න සිදු වෙලා තිබුණේ කොටි ත්‍රස්‌තවාදීන්ගේ බියත් එක්‌කයි. කතරගම පවා එදා පාළුවට ගිහින් තිබුණේ. ජන ජීවිත පවා අඩාල වෙලා තිබුණේ. නමුත් අපි අපේ රජය සමයේ නැවත මේ ප්‍රදේශ සංවර්ධනය කරලා පාරවල් ටික හදා දීලා නැවත ජන ජීවිත නගාසිටුවීමට කටයුතු කළා.
 
 මේ රටේ තිබුණු ලොකුම ගැටලුව වුණු ත්‍රස්‌තවාදය අපි සම්පූර්ණයෙන්ම නතර කර දැම්මා. අද පාලකයෝ ඒකත් වැරදි විදියට අර්ථකතනය කරමින් යන බවක්‌ පේනවා. අපි එදා සටන් කළේ කොටි ත්‍රස්‌තවාදින්ට එරෙහිව මිසක්‌ දෙමළ ජනතාවට එරෙහිව නොමෙයි. නමුත් සමහර අය කරන කියන ප්‍රකාශ දැක්‌කම දුකත් හිතෙනවා. එදා ත්‍රස්‌තවාදීන් විසින් පන්නලා දාපු සිංහල, මුස්‌ලිම්, දෙමළ ජනතාවට නැවත තමන්ගේ ගම් බිම්වලට යන්න පුළුවන් අවස්‌ථාව උදා කර දුන්නේ අපේ රජය සමයේදීයි. කොටි ත්‍රස්‌තවාදීන් නිසා දුක්‌ විඳපු දෙමළ ජනතාවටත් අද නිදහස ලැබිලා තියෙනවා. එදා ත්‍රස්‌තවාදීන් සමග සටන් කරපු රණවිරුවො දංගෙඩියට ගෙනියන්න ඇතැම් අය කටයුතු කරමින් සිටීමත් කනගාටුවට කරුණක්‌. එදා යුද්ධ කරපු මේ රණවිරුවෝ කවුරුවත් කිසිම නීතියක්‌ උල්ලංඝනය කර නෑ. එදා අපි ඇති කරපු සාමය ඒ අයුරින්ම රැකිය යුතුයි. අපි දකිනවා අද සමහරු දකුණේ ඉඳන් එකක්‌ කියලා උතුරට ගිහින් බලය බෙදන්න ඕනේ කියනවා. අද රටේ ඕනෙම කෙනෙකුට රටේ ඕනම තැනකට බයක්‌ සැකක්‌ නැතිව ගිහින් එන්න පුළුවන්. ඒ තත්ත්වය ඇති කළේ අපේ රජය කාලෙයි. කවුරුත් කරන්න බෑ කිව්ව යුද්ධය තමයි මං අවසන් කළේ.
 
 මේ පළාත් දියුණු කරන්න අපි මේ පළාත කේන්ද්‍ර කරගෙන මත්තල ගුවන්තොටුපල ආරම්භ කළා. එදා මත්තලට දිනකට ගුවන් යානා 24 ක්‌ ආවා. නමුත් මේ ආණ්‌ඩුව අද ඒ ගුවන් යානා එන එක නතර කර දැම්මා. මත්තල ගුවන්තොටුපළ වී ගබඩාවක්‌ කළා. දැන් පාඩුයි කියලා විකුණන්න යනවා. ඒකට විරුද්ධව හම්බන්තොට ජනතාව පාරට බැස්‌සම මේ ආණ්‌ඩුව මොකද්ද කළේ. විරෝධතාවයට ආව කියලා මේ පළාතේ ඉන්න කාන්තාවෝ පවා අල්ලලා ගිහින් හිරේට දැම්මා. අද ඒ අය හිරබත් කනවා. මමත් ගියා ඒ ජනතාව බලන්න. ඒ වෙලාවේ මන් ඒ අයගෙන් ඇහුවා මොකද්ද කළ වරද කියලා. ඒ වෙලාවේ ඒ අය කිව්වේ ජයවේවා කියලා කිව්වා. ඉතින් අල්ලලා ගෙනත් කුඩුවට දැම්මා කිව්වා. සමහරු මේ මොකවත් දන්නේ නෑ. පාරේ නිකන් ඇවිදගෙන ගියපු අය. ඒ යන ගනමන් අල්ලගෙන ඇවිත් රිමාන්ඩ් කළා කිව්වා. මත්තල විකුණනවා කියන්නේ භූමියයි ගුවනයි දෙකම විනාශයි කියන එකයි. මත්තල විකුණුවොත් අනාගතයේ මේ රටේ ජනාධිපතිටත් මත්තලට යන්න ඉන්දියාවෙන් අවසර ගන්න වේවි. අපි මේවා ආරම්භ කළේ කාටවත් විකුණගෙන කන්න නෙමෙයි. මේ රටේ අනාගත දරු පරපුර වෙනුවෙනුයි.
 
 මේ රටේ මහා සංඝරත්නය මේ වන විට එක තැනකට එක මතයකට එක්‌ වෙමින් තියෙනවා බුදු දහම රැකගැනීම වෙනුවෙන්. බුදු දහමට තියෙන තැන කිසිසේත්ම වෙනස්‌ කරන්න නැති කරන්න දෙන්න පුළුවන්කමක්‌ නෑ. රටේම පන්සල් ආශ්‍රිතව තව තවත් ගුණ දම් වැඩෙනා සමාජයක්‌ නිර්මාණය විය යුතුයි. අද දුටුගැමුණු රජතුමාගේ චරිතය පවා ඇතැම් නාලිකාවල මහා සල්ලාලයෙක්‌ විදියට ටෙලිනාට්‍ය හදලා පෙන්වන්න හදනවා. මේවාගෙන් වෙන්නේ මේ රටේ දුවා දරුවන්ගේ මනස සෝදා පාළුවට ලක්‌ වෙන එකයි. පන්සල වටා දරුවන් එක්‌ රොක්‌ විය යුතුයි.නැති වුණොත් වෙන්නේ අනාගත දරු පර පුර යන්ත්‍ර සූත්‍ර ගානට වැටෙන එකයි.
 
 අද රටේ මැතිවරණ පේන තේක්‌ මානයකවත් නෑ. ආණ්‌ඩුවත් දවසෙන් දවස මැතිවරණ කල් දමමින් යනවා. රජයත් දැන් දන්නවා මේ වෙලාවේ මැතිවරණයක්‌ තිබ්බොත් වෙන්නේ මොකද්ද කියලා. මේ නිසා ආණ්‌ඩුව විවිධ දේ කියමින් දවසෙන් දවස මැතිවරණ කල් දමනවා.
 
 මේ අවස්‌ථාව සඳහා ඓතිහාසික සිතුල්පව්ව රාජමහා විහාරධිපති ශාස්‌ත්‍රපති මැටරඹ හේමරතන නාහිමි, තිස්‌සමහාරාම රාජමහා විහාරාධිපති ආචාර්ය දේවාලේගම ධම්මසේන නාහිමි, හිටපු කථානායක චමල් රාජපක්‌ෂ ඇතුළු විශාල පිරිසක්‌ එක්‌ව සිටියහ.

Niranjan de S Deva Aditya MEP receives GG2  Award

October 29th, 2017

 

Senior Conservative MEP Nirj Deva has received the GG2 Editor’s Award for his Outstanding contribution to British and ethnic minority communities in his 25 years of public service.”

 

Mr Deva was presented the award last night at the GG2 Leadership Asian Media Awards -a gala dinner annual event attended by 800 people drawn from the highest levels of British Society together with the Deputy Prime Minister, Damian Green, Mayor of London Sadiq Khan including several British billionaires’, Members of the House of Lords and Commons and the Diplomatic Corps -that aims to highlight and showcase ethnic talent and leadership in the UK. Presented the by the Editor-in-Chief of Asian Media Group, the Editor’s Award recognizes his lifelong public service and relentless campaigning.

 

In particular his signal pioneering and ground-breaking achievements included being the:

First post-colonial Asian elected as a Conservative MP to the House of Commons1992

First non white Asian in the British Government PPS 1996

First Asian born MEP to be elected to European Parliament 1999

First Asian Deputy Lieutenant appointed 1985 representing Her Majesty The Queen (HM Lord Lieutenancy of London)

First Asian to be nominated by a major Political Group (ECR) to be President of the European Parliament 2010

He is the only Asian Conservative MP to be at nationally elected 5 times, to serve in public office now for more than 23 years 

 

A hugely respected figure in the South Asian community, Mr Deva has broken barriers throughout his career and spoken on issues close to his heart. As an MEP he works tirelessly on issues from human rights and trade to international development and humanitarian affairs. In particular he pioneered over 118 Legislative Acts including those to incorporate Property Rights into European Union Law for Development, to incorporate into EU Law grant aid as leveraged funds in partnership with the Private Sector turning Aid into Investments and is currently now the only International politician endeavouring  to draft a Peace Treaty for a denuclearized

He was born in Sri Lanka to a business and political family. His grandfather was a Senator in Sri Lanka’s first Independent Parliament and a prominent businessman; and his father the famous pioneering Eye Surgeon. He came to Britain to study aeronautical engineering and has never looked back since combining his roles in business and politics.

 

Mr Deva said: “I am honoured and humbled to receive this award. It is a true privilege to count myself an active member of this community, which has always given me so much, which has inspired, supported and driven me. I will continue to try to pay back this enormous debt of gratitude that I owe and to promote the very best of Britain.”

Bangladesh eyes sterilisation to curb Rohingya population

October 29th, 2017

Asia Pacific

The idea is particularly contentious given the sensitivity of the issue in Myanmar. The widespread perception that the Rohingya population is mushrooming is a key source of the tensions that have spiralled in recent months.

PALONGKHALI, Bangladesh: Bangladesh is planning to introduce voluntary sterilisation in its overcrowded Rohingya camps, where nearly a million refugees are fighting for space, after efforts to encourage birth control failed.

More than 600,000 Rohingya have arrived in Bangladesh since a military crackdown in neighbouring Myanmar in August triggered an exodus, straining resources in the impoverished country.

The latest arrivals have joined hundreds of thousands of Rohingya refugees who fled in earlier waves from Myanmar’s Rakhine state, where the stateless Muslim minority has endured decades of persecution.

Most live in desperate conditions with limited access to food, sanitation or health facilities and local officials fear a lack of family planning could stretch resources even further.

Pintu Kanti Bhattacharjee, who heads the family planning service in the district of Cox’s Bazar where the camps are based, said there was little awareness of birth control among the Rohingya.

“The whole community has been deliberately left behind,” he told AFP, citing a lack of education in Myanmar, where the Rohingya are viewed as illegal immigrants and denied access to many services.

Bhattacharjee said large families were the norm in the camps, where some parents had up to 19 children and many Rohingya men have more than one wife.

District family planning authorities have launched a drive to provide contraception, but say they have so far managed to distribute just 549 packets of condoms among the refugees, who are reluctant to use them.

They have asked the government to approve a plan to launch vasectomies for Rohingya men and tubectomies for women, Bhattacharjee told AFP.

But they are likely to face an uphill struggle.

Many of the refugees told AFP they believed a large family would help them survive in the camps, where access to food and water remains a daily battle and children are often sent out to fetch and carry supplies.

Others had been told contraception was against the tenets of Islam.

Farhana Sultana, a family planning volunteer who works with Rohingya refugees in the camps, said many of the women she spoke to believed birth control was a sin.

“In Rakhine they did not go to family planning clinics, fearing the Myanmar authorities would give medicine that harms them or their children,” Sultana said.

Volunteers said they struggled to sell the benefits of birth control to Rohingya women, most of whom came to them for advice on pregnancy complications or help with newborns.

Sabura, a mother of seven, said her husband believed the couple could support a large family.

“I spoke to my husband about birth control measures. But he is not convinced. He was given two condoms but he did not use them,” she told AFP.

“My husband said we need more children as we have land and property (in Rakhine). We don’t have to worry to feed them,” she said.

POPULATION CONTROL

Bangladesh has for years run a successful domestic sterilisation programme, offering 2,300 taka (US$28) and a traditional lungi garment to each man who agrees to undergo the procedure.

Every month 250 people undergo sterilisation in the border town of Cox’s Bazar.

But performing the permanent procedure on non-Bangladeshi nationals requires final approval from a committee headed by the health minister.

No official data is available on birth rates among the Rohingya, who are excluded from the census in Myanmar.

But many of the ethnic Rakhine Buddhists accused of taking part in attacks on Rohingya villages that have driven hundreds of thousands into Bangladesh say they fear being displaced by the Muslim minority.

The Rohingya face official restrictions on the number of children they can have in Myanmar, although this has not been widely enforced.

Rights activists working in the camps in Bangladesh said some believed pregnancy provided protection against rape or other attacks in Myanmar, where the military has been accused of sexual violence against Rohingya women and girls.

“Some of them told us that if a woman was pregnant, she had less chance of being targeted by the military or attackers.”

Bangladesh officials say some 20,000 Rohingya women are pregnant and 600 have given birth since arriving in Bangladesh, though this may be an underestimate as many births take place with no formal medical help.

“Sterilisation of the males is the best way to control the population,” said Bhattacharjee.

“If a man is sterilised, he cannot father a child even if he marries four or five times.”

Source: AFP/rw
Read more at http://www.channelnewsasia.com/news/asiapacific/bangladesh-eyes-sterilisation-to-curb-rohingya-population-9352824

Downgrading Politics

October 29th, 2017

By Dr. Tilak S. Fernando

Politics appears to be a ‘dirty game’ throughout the world. In Sri Lanka, it has stooped to gutter level with corruption spearheading like a contagious disease. Many Sri Lankan politicians entered the political arena, in the past, out of sheer patriotism and the yearning to work for the people. Besides, many of them were icons of wealthy families, who died after spending all their fortunes in trying to serve the country.

Contrary to such candid representatives, most present-day Parliamentarian tends to display a certain amount of vulgarity, where his ‘commission’ seems to take priority over any development project or a contract.

The people’s ‘representatives’ clad in immaculate white attire seem to arrive at the Diyawannawa camp, ‘purely to enjoy the subsidized, sumptuous ‘Parliamentary canteen meal’ (as widely known, no offence intended). Others are seen falling asleep in their chairs while debates are in progress. Some do not bother to attend, even after receiving a payment of Rs.100, 000 as a special allowance. How could responsible MPs attempt to run away with the ceremonial mace inside Parliament, and a bunch of MPs getting involved in fisticuffs as in a street fight? Such unruly behaviour inside the august assembly, akin to a gang of incorrigible schoolchildren, only creates negative responses from the public.

Preferential system

Undoubtedly, the cause for such degeneration, in turning Parliament sessions into a comedy of errors today, has to be the existing preferential system of voting that every Dick, Tom and Harry could get elected to Parliament with the power of money. It is unpardonable when some of the Ministers are absolutely clueless, and do not know their onions, when it comes to question time. In such circumstances they become baffled and go round the mulberry bush, or keep blaming their predecessors or turn the question into a joke. Do Yahapalana administrators take the intelligent voters to be utter nincompoops? Such activities have debased Sri Lanka into a laughing stock among the international community, after enjoying the so-called 70 years of democracy. The guilty and corrupt politicians, in real democracies, are dealt with sternly. At the end of the day, either they are written off their positions or sent home. In Sri Lanka, such situations are turned into a new game of political Ping-Pong, and Parliamentarians keep on blaming each other, and mark time for five years, to qualify for a pension for the rest of their lives!

Difference

The difference between Sri Lankan politics and that of Britain is that the British always concentrate on maintaining a high standard in public office. Occasionally, of course, as in any other scenario, there are instances where a member of the British Parliament might be caught with his pants down by being ignominious, at which point the politician always makes it a point to resign from office with dignity.

In this regard, Westerners in public life set an example by commuting in public transport and even riding bicycles to office. So, the thought process between the British and Sri Lankan politician seems to be evidently different, for, the British are a deemed species, whereas our elected lot seems to think they descend from heaven! This is clearly demonstrated by the Netherland’s Prime Minister recently riding a bicycle to the Royal Palace. Former British Premier David Cameron rode a bicycle at times to attend Parliamentary sessions at Westminster. He was also spotted travelling in the London underground trains mingling with commuters. Prince Charles often enjoys a bicycle ride, not that he cannot afford the best of limousines. The writer has witnessed Ken Livingstone, the former Mayor of London, travelling (standing) in the London underground tube train, while no one paid any heed. But, it is only our politicians, who are unable to commute in public transport except in deluxe limousines (with escorted back-up vehicles and an army of hell’s angels, and breaking all the possible motor traffic laws). It is pretty amasing that when these guys are in London and the High Commission vehicles are not at their disposal, how their limbs begin to function perfectly well, and are able to travel by public transport too.

In my mind, it is nothing but a divine curse on the country itself, that current politicians in Sri Lanka have become selfish, blind to reality, self-centered and power hungry; their only aim being to recover, by hook or by crook, what they had spent on pervious elections! With the new proposed system of local elections, (if that ever takes place!) and spreading into Provincial and finally to General and Presidential elections, the harassed public’s fervent hope would be to resurrect the old system with new & young, caring and intelligent parliamentarians, who would be able to feel the pulse of the nation.

tilakfernando@gmail.com

The preparation of constitution has concluded – Bellanwila Wimalaratana Thero

October 29th, 2017

Chancellor of  Sri Jayawardhanapura University,Professor Ven.  Bellanwila Wimalaratana Thero said that the preparation of the constitution is already complete.

A responsible personnel of the government made me aware that the constitution is already prepared although that we; the clergy are opposing the constitution alleging that no bill was put forward, but only a list of proposals. I came to know even the names of two persons who are suspected to have prepared the constitution. I will reveal their names at the suitable time”

The Thero alleged that the constitution will be presented to the parliament soon and will be confirmed ehile misleading the MPs.

He also said that a conspiracy is also being carried out to humilitate the clergy who oppose the clergy.

The burial site of King Vijaya?

October 29th, 2017

 By Kamanthi Wickramasinghe Courtesy The Daily Mirror

The ancestry of Sinhalese people dates back to the landing of Prince Vijaya in the then Lanka. Prince Vijaya, is the first recorded King of Sri Lanka, who established the Thambapanni Kingdom in the name of the Sinhala people. He subsequently founded the Kingdom of Upatissa Nuwara and Anuradhapura.

As a country with a rich history dating back to his time, various archaeological sites bear testimony to the wars that have been fought in the name of the Sinhalese people. Although the whereabouts of Prince Vijaya are still uncertain, people strongly believe in myths of his burial site.
Last week’s news about an abandoned burial site in Hettipola, thought to be of Prince Vijaya, comes in this backdrop.  The burial site is located a few metres away from the Nikasala Aranyaya (Monastery) found along the Panduwasnuwara-Narammala Road.
According to our area correspondent, Pushpa Weerasekara, the burial site is situated at the centre of the Medagama Hill. It is believed that the structure of this site is similar to that of a pyramid or it looks as if two pagodas have been built, one on top of the other.
The pagoda at the upper level could be reached via a flight of stairs completed in rock. Yet, with the site being neglected and overgrown, it is difficult for one to climb to its summit. Certain bricks also have carvings of dates, believed to be at the time when the construction took place.
Another important feature of this site is that the monastery and the adjoining land comprise various medicinal plants used for various purposes.


Overgrown path (Above) and the stone steps

“The monastery and the adjoining land comprise various medicinal plants used for various purposes.”

The site is situated at the highest point of the Panduwasnuwara Kingdom,” says Ven. Katuwane Ariyagnana Thera of the Medagama Monastery.
According to him, this site was Gazetted as an archaeological site during back in 2005.   The Ven. Thera claims that it is extremely important to conserve this site as it is of the first King of Lanka.
It has been abandoned to the extent that nobody could reach this site because of the undergrowth. The people of this area are keen in the conservation of this site as it will be useful for the future generations. The Hettipola Police too has been informed about this negligence. Therefore on behalf of the people of Medagama, I humbly request the relevant authorities to start conserving this site and others that have been neglected.”

The Daily Mirror also learned that conservation of archaeological sites is now done by the Central Cultural Fund. But several attempts to contact officials of the Fund and the Ministry of Internal Affairs, Wayamba Development and Cultural Affairs, failed. 

Pics by Pushpa Weerasekara

According to our area correspondent, Pushpa Weerasekara, the burial site is situated at the centre of the Medagama Hill. It is believed that the structure of this site is similar to that of a pyramid or it looks as if two pagodas have been built, one on top of the other. 

No archaeological evidence about this site: 

A.M.N.B Alahakoon

In his comments to the Daily Mirror, A.M.N. B Alahakoon, Site Manager at the Panduwasnuwara Archaeology Department office said that although there was a myth about this so-called burial site, no archaeological evidence had been found thus far.
Therefore we cannot prove that this is the exact place where King Vijaya was buried. It is a popular myth in this area but without any evidence we cannot conserve it. The story of King Panduwasudeva never mentions of King Vijaya visiting this area.”

Rockypath to the site

 

Additional reporting by Pushpa Weerasekara

 

A symbol on the summit

Lord Naseby, the mythical 40,000 and the feel-good factor

October 29th, 2017

By SANJA DE SILVA JAYATILLEKA Courtesy The Island

“Engaging in arguments and debates in the international domain over the number of civilians who may have died at a particular time in the country will not help resolve any issues, in a meaningful manner, locally, except a feel good factor for a few individuals who may think that they have won a debate or scored points over someone or the other.”–Foreign Ministry spokesperson Mahishini Colonne (The Island 27th October 2017)

Debates in the international domain are exactly how the international community, which includes the UN and other international organizations, strive to reflect pluralism, obtaining the multiple perspectives of their members in order to reach decisions, either by reaching consensus or through a vote. There are debates which may lead to negotiations and eventual consensus or arguments which lead to a decision through a vote. Debates and reasoned, fact-based argumentation are necessary procedures when a State defends itself as it must, against glaring falsehoods. It is not something a State can avoid, resentful that a few individuals may feel good about it.

The figure of forty thousand civilian casualties during the last stages of the war in Sri Lanka has been contentious from the moment it was asserted. Repeated use of it by those interested in pushing this unverified figure gained momentum until it became accepted as a credible number in most of the Western media, after it was mentioned in the UN Secretary-General’s Panel of Experts’ report, aka the Darusman Report.

Most recently, Lord Naseby, speaking in the British Parliament on the 12th of October 2017 has disputed this figure which appeared in the Darusman report,while pointing out that most of the war crimes charges flowed from it. He refutes this figure and the claim that civilians were willfully targeted, using dispatches from the British Defense attaché Lt. Col Anton Gash stationed in Colombo, to the Foreign and Commonwealth Office in London,together with the UN reports of the relevant period. The figures of civilian casualties cited are very clear, and they don’t exceed 8,000 (eight thousand). The difference between this and the forty thousand figure is a whopping 32,000 human lives.

Having presented the evidence,Lord Naseby says “I hope and pray that as a result of this debate, the UK will recognize the truth that no one in the Sri Lankan Government ever wanted to kill Tamil civilians.”

The Sri Lankan Foreign Ministry’s assertion that “engaging in debates and arguments over the number of civilians who may have died at a particular time in the country will not help resolve any issues”is specious to say the least. “The number of civilians who may have died”has a critical impact as regards the principle of proportionality, which is relevant in arriving at an opinion on whether a State has deliberately used excessive force or used excessive force at all. Surely it is the duty of the Government to debate this issue in the international domain using the evidence presented by Lord Naseby just a few days ago,based on confidential documents even if massively redacted, which were not available in the public domain prior to this point?

The Marga Institute’s publication,Narrative Three-The Last Stages of the War in Sri Lanka, the principal author of which was the distinguished senior-most retired civil servant Dr. Godfrey Gunatilleke, states that the “estimates of civilian casualties hinge on the estimate of population in the Wanni before the war…” which the publication says were a “rough census” carried out by the AGA. Narrative Three concludes that “there are major inconsistencies in these estimates which have been pointed out by experts”. It further reveals that these figures have been “challenged on the ground that they have been prepared under the direction of the LTTE and are highly inflated for the purpose of obtaining rations and assistance under government welfare programmes as well as magnifying the scale of the humanitarian disaster that could occur”.

An extensive study of the casualties in the period January to May 2009 was carried out by an independent UK based group of scientific experts of Sri Lankan lineage, which resulted in a publication called The Numbers Game: Politics of Retributive Justice. This report was exhaustively discussed at a conference organized by the Marga Institute and chaired by Dr. Gunatilleke. After examining the available evidence including satellite imagery, the report estimated the total number of civilian casualties from January 2009 to May 2009 at a figure which did not even begin to approach the mythical 40,000.

The Paranagama Commission report has a section headed “The Myth of 40,000 Civilians Killed in the Final Phase of the War”. Referring to the Darusman Report which stated that the figure of 40,000 “cannot be ruled out” but needs further investigation, the Paranagama Commission report concludes that “there was no reliable body of information consistent with other information that 40,000 civilians were killed.” It goes on to call the attempt to spread this unsubstantiated figure “a “mischief” and the figure itself a “myth”:

“This Commission takes the view that in light of what preceded and what followed this totally unsubstantiated estimate of the number of civilians killed, unsourced guess work has solidified into the factual acceptance of a myth…The mischief of this particular allegation of 40,000 civilian deaths becomes clear when there are other sources which give a lower estimate, but not all of the various competing accounts are mentioned in the Darusman Report.”

The Paranagama Commission has also used the UN figure of 7,721 (seven thousand seven hundred and twenty-one) civilian casualties to dispute the 40,000:

“The UN Country Team figure of 7,721 civilian deaths (up until 13 May 2009) is mentioned in the Darusman Report but then disputed without any explanation as to how it comes to be that over 30,000 people could thereafter have been killed within five days, if the figure of 40,000 is ever to be correct and accurate…The Darusman Report provides no concrete evidence to support its considerable leap from the UN Country Team’s figure of less than 10,000.”

The Paranagama report quotes anunclassified 2009 US Department of State Report to the US Congress which says:

“…one organization, whichdid not differentiate between civilians and LTTE cadres, recorded 6,710 peoplekilled and 15,102 people injured between January 20th and April 20th 2009. These numbers were presented with a caveat, supported by other sources, that the numbers actually killed and injured are probably higher.”

The Paranagama report goes on to quote the International Crisis Group which said:

“UN agencies, working closely with officials and aid workers located in theconflict zone, documented nearly 7,000 civilians killed from January to April2009. Those who compiled these internal numbers deemed them reliable to the extent they reflected actual conflict deaths but maintain it was a work in progress and incomplete.”

The Paranagama report also quotes Reuters which reports just over 6,000 killed:

“Some three weeks before the war ended, Reuters reported as follows: ‘A U.N. working document, a copy of which was obtained by Reuters, says 6,432civilians have been killed and 13,946 wounded in fighting since the end of January’.”

Furthermore it quotes Amnesty International which estimates that “…derived independently from eyewitness testimony and information from aid workers, are that at least 10,000 civilians were killed.”

Considering that there are all these numbers from varied sources, apart from the 40,000 in the Darusman Report, which itself doesn’t suggest it as a final figure, one would think that any new evidence that helps to arrive at the truth is certainly worthy of debate and engagement, especially at the UN Human Rights Council.

The Paranagama Commission report was produced well before UNHRC Resolution 30/1 was co-sponsored. However it was presented to Parliament by the Prime Minister only after Resolution 30/1 had been adopted, preventing its useful insights from being presented to the Human Rights Council in time. It is doubtful whether the detailed analyses contained in it have been used as yet by the Government to counter some of the inaccuracies circulating in the international arena regarding the last stages of the war.

Given his oft-repeated public stand, it is difficult to believe that President Sirisena is of the view that the numbers of civilian deaths should not be debated in the Council in Geneva despite Lord Naseby’s new and credible information (in that it comes from external i.e. non-Sri Lankan sources uninvolved in the conflict), when numerous civil society groups continue to insist at every UNHRC session that large numbers of civilians were deliberately targeted and killed, some even claiming genocide.

The Foreign Ministry seems to have decided not to use this information internationally until the government gets around to the “100 Day Programme (point 93)” and its “own set of national proposals for a transitional justice process” is eventually set up and gets going.

Is it the view of Foreign Minister Marapana and State Minister for Foreign Affairs Vasantha Senanayaka, that if there’s the slightest chance of bringing new evidence before the international community to assist it in arriving at the truth amidst a barrage of false propaganda against this country internationally, that they should refrain from doing so because the considered view of the Foreign Ministry is that it would not help “in any meaningful way, locally”?

It is fervently hoped that the Minister and the State Minister are able to figure out that a “national process” and active engagement with the international community are not mutually exclusive, and that it is the duty of the government to undertake both. This is especially so since Lord Naseby has appealed to the UK Government that it “must now get the UN and the UNHCR in Geneva to accept a civilian casualty level of 7,000 to 8,000, not 40,000.”

While the national process is the more important, it is the Foreign Ministry’s responsibility to present Sri Lanka’scase credibly to the international community. It may lead to more than just a few individuals feeling good about it.

Tamil Diaspora behind Constitutional reforms – Hemakumara Nanayakkara

October 29th, 2017

BY PANCHAMEE HEWAVISSENTI Courtesy Ceylon Today

Governor of the Southern Province and Leader of the Mawbima Janatha Pakshaya, Hemakumara Nanayakkara, who severely criticizes the Interim Report of the Parliamentary Steering Committee for Constitutional Amendments, states that it may lead to separatism and may harm the sovereignty and the integrity of the country. He alleged that the true patriots of the Steering Committee are not properly consulted and given importance to, but those who are sponsored by the ‘separatist Tamil Diaspora’ and the International Non-Governmental Organizations (INGOs) are attempting to manipulate the Constitution-making process to form a separate State. Nanayakkara added that although he stands diametrically opposed to the political views of Northern Province Chief Minister C.V. Wigneswaran, they maintain a good personal relationship.

Excerpts:

You recently spoke disapprovingly of the Interim Report of the Steering Committee for Constitutional Amendments. Can you explain why you are opposed to that report?

A: The Interim Report of the Steering Committee was presented to Parliament last month for the perusal of the public. President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe have explicitly noted that the Interim Report is not the final draft of the proposed Constitution.

As the Interim Report contains many adverse proposals that may detrimentally affect the integrity and the sovereignty of the country, we can heave a sigh of relief that the report is not the final.

Many vital words mentioned in the report are ambiguous. The definitions of certain words vis-a-vis the nature of the State such as ‘unitary’ or ‘united’ are perplexing. The ambiguity is harmful. The majority community hold the view that the country should be unitary, meaning undivided.

Proposals are made to change the country’s status from ‘unitary’ to ‘united’ in the report. If the ‘united’ conceptis applied, it can lead to separatism.

I am of the view that no part of the country should be restricted to a particular ethnic group. No ethnic group should be deprived of the right to live anywhere in the country.

Since the commencement of my political career in 1989, I have an unchanged view that the country should be undivided.

If Sri Lanka needs to change the Constitution, every citizen should feel that need and agree on it. Religious leaders especially the Mahanayake Theras should be consulted. Public should be made aware of the provisions that are proposed to be amended.
The lucidity of the proposed amendments is of utmost importance and no element should be obscure or concealing to the public.

I can observe that the voice of the patriotic members of the committee is not recorded in a significant manner.

I expect the people to display their stance, may it be the opposition or the consent, to the proposed amendments in a much open and wide manner.

You noted that religious leaders, especially Mahanayake Theras, should be consulted on the constitutional changes. However, Mahanayake Theras are not for constitutional change. Any comment?

A: Mahanayake Theras of the Malwathu and Asgiri Chapters are not in favour of the constitutional amendments. There was confusion recently about the stance of the Mahanayake Theras on constitutional changes in their absence in the country.

However, later, it was made clear that some Anunayake Theras have aired their views on behalf of the two Chapters.

Mahanayake Theras oppose the proposed Constitution since it deprives the foremost place given to Buddhism. It is better for us to wait till the official communiqué is made by the Mahanayake Theras on constitutional changes.

Nevertheless, when the talks on constitutional changes and change of the place given for Buddhism in the Constitution emerged, it was Archbishop Malcolm Cardinal Ranjith who said that the foremost place the Constitution has given to Buddhism should be preserved. The Archbishop’s remark was highly commended by the Buddhist community.

Minister of Provincial Councils and Local Governments Faiszer Musthapha recently said Nuwara Eliya and Ambagamuwa Pradeshiya Sabhas will be divided into four or five Pradeshiya Sabhas. Dont you think that increasing the number of Pradeshiya Sabhas will be a burden on the public?

A: Adding more Pradeshiya Sabhas to highly populated areas can help in uplifting and developing the public. The increased number of Pradeshiya Sabhas enables an effective and efficient service to the public.

Minister Musthapha is an adept and experienced politician and I believe that his decision to increase the number of Pradeshiya Sabhas has been taken to serve the public efficiently.

As a Governor of a Province, dont you think PCs are a white elephant?

A: Some are of the opinion that PCs are white elephants due to unproductivity and inefficiency.

If PCs are endowed with the required attributes such as efficiency and productivity, they can be of immense service to the public.
Although some are of the opinion that PCs should be abolished, it is easier said than done. PCs are a separate unit appointed to rule the country.

Is there any difference between a Provincial Council and a Provincial Government?

A: Yes. There is a vast difference. I strongly oppose the use of ‘Provincial Government’ to refer to Provincial Councils.

There are countries which have Provincial Governments, but Sri Lanka has only Provincial Councils.

A country which has Provincial Governments is a Federal State. Sri Lanka’s Government is a strong entity which has the authority over Provincial Councils. It is disappointing to state that some PCs are attempting to acquire more power than what they are vested with by the 13th Amendment.

If the unwarranted authority is vested with PCs, the country cannot be saved from being divided.

Hence, it is vital that PCs should remain as ‘Councils’ not as ‘Governments’.

It is being considered to give the authority to appoint the Governor to the Chief Minister of the Province. Do you agree with this?

A: Not at all. The Governor represents the central government and the link between the Government and the Provincial Councils.

Although the proposal is not included in the Interim Report, I must mention that there is a lobby attempting to create this scenario where the Governor would be appointed by the Chief Minister. The appointment of Governor by the CM is highly inappropriate and detrimental to PCs such as the Northern Provincial Council.

As I mentioned, the lobby is trying hard to achieve a fully autonomous State. They’ve conducted seminars, workshops, and meetings in this regard.

They have now ventured upon to lobby politicians in order to serve their purpose of getting rid of the President-appointed Governor and appoint one according to the wishes of the CM.

If this happens, the government will lose the control over PCs.

The Chief Minister of the Northern Province Wigneswaran is already clamouring for a Federal State. We should carefully analyze what happens if Wigneswaran appoints a Governor for the Northern Province. The NPC will detach itself from the central government and will function as an autonomous entity.

The country is not a private property of anyone and should not be divided.

Have you any plans to enter politics in the future? Are you totally divorced from the Sri Lanka Freedom Party (SLFP) as you have formed a new political party?

A: Yes, we have formed a new political party namely, Mawbima Janatha Party (MJP) of which I am the president.

As the MJP is a newly formed party, we do not have any representation in the public offices yet. We have no plans to contest elections on our own, but have entered into an alliance with the SLFP which is headed by President Maithripala Sirisena.

So, MJP will contest under the banner of SLFP in the future. I may enter into politics again in the future if circumstances warrant it.

You often seem to criticize Chief Minister of the Northern Province C.V. Wigneswaran. He is your relative and doesnt that damage the relationship?

A: Those whom we criticize can be our comrades or relations. Yet, we cannot let the truth be buried to please our relations. My duty is to serve the public and not to please my kith and kin. I do not turn a blind eye to their misdeeds if any of them succumb to their pressure.

Wigneswaran is known to me since I was 12 years of age. I used to call him ‘Anna’ and he was one of the best friends of my elder brother Vasudeva. The bond was later strengthened by a marriage between the two families.

Wigneswaran was a democrat those days. ‘Anna’ I used to know has tremendously changed after he became Chief Minister Wigneswaran.

Despite our clashing political views, we maintain good relations.

Without at least 40,000 dead bodies UN-US-UK-EU have no case for war crimes tribunal against Sri Lanka’s Army

October 28th, 2017

Shenali D Waduge

When UN Secretary General arrived three days after the military victory over the LTTE ground force there was no allegation of any 40,000 dead. The timelines of those that quoted dead figure estimates is important and will help deducing the mischief at play. Leaving that aside, paramount to any allegation and a principle for any allegation is that to accuse a person(s) of murder there has to be a dead body. Whether the number is 40,000 or even 200,000 the onus is on those making the allegations to produce evidence – the dead bodies or skeletons, the names of the dead or even their birth certificates. A Government cannot agree to hold any war crimes tribunal just because international organizations think they can descend like former colonial governors insisting on Tribunals without a basic prima facie case for such.

What we are seeing unfolding is a miscarriage of justice. These seems to be a stampede to roll out various experimental programs the UN system has devised upon developing nations just recovering from a protracted and prolonged conflict which Sri Lanka solved which the international community failed to solve or didn’t want to solve for 30 years.

The US State Department Report 2009 to the US Congress is important as it gives 216 incidents from 2 January 2009 to 18th May 2009. These incidents cover allegations against both LTTE & the Sri Lanka Army but the total deaths attributed to the Sri Lanka Army number just over 3000 while the number of injured is just over 6000. Even taking the death and the injured as dead the total does not come to even 10,000. How is it that 40,000 died then? The Report also quotes HRW 86 times (either HRW is reporting or HRW is reporting what sources have told HRW)

US State Department Report to US Congress in 2009 states However, one organization, which did not differentiate between civilians and LTTE cadres, recorded 6,710 people killed and 15,102 people injured between January 20 to April 2009”.

The report also clearly states The State Department has not received casualty estimates covering the entire reporting period from January to May 2009”

https://www.state.gov/documents/organization/131025.pdf

However, browsing through the report a plethora of questions emerge.

  • Quotes ‘a foreign government’ – we hope the authors who know the exact foreign government doing the reporting and who their source on the ground is
  • How can we ascertain who the dead are

o   Are they LTTE cadres wearing civilian

o   Are they LTTE cadres in LTTE uniform

o   Are they civilians who died while engaged in combat

o   Are they civilians who died from crossfire (either LTTE or Army)

o   Did they die from combat wounds, natural or fatigue

o   Are they military personnel whose uniforms were removed after death by LTTE

  • Can all those who were ‘sources’ of information to the US embassy or HRW provide details of the dead & have they at least logged these deaths with the police or even the Presidential Commission on Missing Persons etc with dates & other details to be able to verify the claims as anyone can say they saw an x number dead or being killed but not be able to substantiate it?
  • Who are these ‘organizations’ & their ‘sources’ who are reporting to the US embassy in Colombo?
  • Who are the ‘organizations’ & their ‘sources’ who are reporting to HRW & others who are quoting from third party sources?

On Hospitals

  • 2 Jan aerial bombing of a petrol station & bus depot 250 metres from Mullaitivu General Hospital (Is there such a petrol shed/bus depot?)
  • Did shells hit Puthukudirippu hospital on 12 Jan
  • Was Puththukudurippu hospital shelled on 2 Feb as is alleged by multiple organizations & sources and how were these sources able to communicate to Associated Press and to even know that the shelling was by the SL Army and if the shelling continued for 14-16 hours how did the hospital or even patients survive?
  • Was Ponnampalam Memorial hospital shelled on 5 February as the ‘source’ insists it was the Sri Lanka Army.
  • Did shelling hit Putumattalan makeshift hospital on 9 Feb and kill 16 patients.
  • Who is the source that reported shelling in area of Matalan hospital on 3 March
  • The US report of 16 March draws attention to satellite imagery on Puthukudurippu hospital which had no visible signs of damage on 28 Jan but was heavily damaged by 16 March. The report also states that four days earlier (12 March) the Sri Lanka Army had issued a press release that the hospital was used by LTTE as a command centre and a weapons firing site and most of the damage was done by LTTE and the ICRC had to remove patients and medical staff elsewhere. These can be confirmed by ICRC.
  • US report cites an eyewitness who had live in a bunker about 200metres behind Putumattalan hospital reporting to HRW that LTTE vehicle fired two or three shells and drove away on 30 Mar

Quoting HRW

  • Did shells hit Tharmapuram Hospital on 8th Jan?
  • Did shells hit Puthukudirippu hospital on 13 Jan (US Report itself says that the satellite images taken on 28 January does not show visible damage to the hospital!)
  • Did shells land in the yard of Vallipuram hospital on 19 Jan, 21 Jan, 22 Jan?
  • Did shells hit Udayarkattu Hospital on 26 Jan
  • Who is the source that informs HRW say that SLA shelled Vallipuram town on 29 Jan but there were ‘no known LTTE position in the vicinity at the time of the attack’
  • Did a school teacher die on 30 Jan in Puthukudurippu (Ministry of education can verify)
  • Who is the source that reported to HRW from 14-21 March that LTTE shot and killed 10 while trying to escape.
  • The US reports cites a HRW source in Mattalan reporting shelling in Pokkanai on 19 March. Who is this witness that HRW interviewed who claimed 60 people were injured by 2 cluster bombs? Is this insertion to imply that the Sri Lankan Army was using cluster bombs?
  • HRW interviewed a woman in March who tried to escape NFZ when LTTE opened fire at the group but they kept running – HRW or the US report does not mention any deaths or injuries from LTTE firing. WHY?

On LTTE

  • Between 16-29 Jan sources informed US embassy that LTTE took civilians (how many were taken and what happened to them)
  • Amnesty International reported on 28 Jan that LTTE stopped a convoy of 24 vehicles arranged to transport 300 wounded and prevented them leaving NFZ.
  • Puthukudurippu hospital shelled on 1 Feb after LTTE cadres fired weapons into sky from near hospital – 9 patients killed.
  • HRW confirms civilians in LTTE controlled areas prevented from fleeing to ‘safer areas under government control’ – 2 February.
  • HRW report on 3 May states LTTE cadres fired on civilians when they tried to cross the front line in Moongkilaaru killing an unknown number of people and shot others trying to escape (who many exactly were killed & injured by LTTE)
  • Report by UNSC Working Group on Children & Armed Conflict on 1 July quoted a 7 year old girl shot by LTTE on 8 February while trying to escape with family to government held area and she died while her father too was injured. How many more Tamils died shot by LTTE while fleeing?
  • US report says that an organizations source in Putumattalan that local staffers were advised to move to the NFZ on 8 Feb but LTTE Liason officer denied their travel passes and refused to allow them or their dependents to leave. What happened to them?
  • A female LTTE cadre blew herself at a Government IDP processing centre in Mullaitivu ‘killing 30-40 people including 20 or more soldiers & 8 civilians’
  • HRW 3 May report confirmed that on 9 Feb LTTE forces tried to push civilians in Suthanthipuram area from crossing to government area and LTTE opened fire on civilians. (The report says 17 were injured but there is no mention of dead – did LTTE kill any civilians and how many?
  • US embassy Colombo quotes press reports on 10 Feb of LTTE shooting & killing 17 civilians and injuried 69 near Udayarkattu – US says it is not clear whether the incident is same as 9 Feb!
  • An organization with sources in NFZ informs US embassy that LTTE to prevent IDPs escaping 70,000 IDPs were moved to coast near Putumattalan (what happened to them?)
  • US embassy receives report from a foreign govt on 13 Feb that LTTE killed 60 civilians who were fleeing by boat in the night.
  • Another source claims on 14 Feb LTTE had caught 2 or 4 fishing boats with IDPs escaping and had shot and killed 7 people and arrested others (how many and what happened to them)
  • An organization reported to US embassy that their source witnessed limited LTTE fire coming from Puthukudurippu hospital complex on 16 Feb.
  • The US report cites a source claiming to US embassy in Colombo that LTTE positioned its artillery within ‘civilian concentrations’ on 18 March – WHERE? Is not mentioned!
  • Who is the local source in Valayanmadam who reported 36 deaths by LTTE on 19 Mar can’t take photos. This will affect me. This is increasing”.
  • The US report of 22 March citing a HRW source claims hundreds of people trying to escape were arrested by ‘local dictators’ and beaten with sticks and poles regardless of gender (wonder who these ‘local dictators’ are)!
  • Who is the local source that reported LTTE shooting at escaping civilians in the NFZ on 23 Mar. The report also covers LTTE prohibiting civilians from leaving and even damaging boats to prevent them from doing so.
  • US reports a source confirming LTTE had shot and killed at least 40 people trying to escape the NFZ on 28 Mar
  • What happened to the civilians who had been moved by the LTTE to the southern end of the NFZ on 16 Apr to prevent them from escaping?
  • Who is the witness that confirmed the shell that hit a roof of a small church on 22 Apr was by the LTTE?
  • What was the fate of the civilians who had been removed from St. Mary’s Shrine in Valayanmadam by LTTE on 24 Apr and forced to the beach in the east of the NFZ and kept as human shields?
  • What became the fate of 60,000 people that a foreign government reported tried to escape on 14 May across the Nandikadal lagoon when LTTE fired at them. There is no mention of the numbers that died from LTTE shooting.

Where are these Witnesses

  • Where is the witness who is badly injured but reported to a foreign government that on 20 Jan shelling in a ‘residential area of Redbana’ Vishwamadu had killed his wife and 2 daughters?
  • Who is the witness inside the NFZ who reported to HRW on 24 Jan that 11 people were killed inside the NFZ & by whom?
  • Who is the witness who reported to HRW on 25 Jan that SL Army ‘completely flattened’ area that was full of displaced persons only minutes before? Where was this place that is supposed to have been ‘flattened’ using multiple rocket launchers?
  • Who is the source in Puthukudurippu who reported to HRW that 102 people were killed and 274 people were injured on 26 Jan?
  • Did SLA shell Ampalavanpokkanai at 2a.m. on 18 Feb that killed 20 persons mostly children.
  • Who is the local source in Valayanmadam who reported that the SL Army was continuously shelling for 10 hours killing 108 civilians. Have these civilians been identified and named?
  • Who is the source that claimed 100 LTTE forcibly recruited children were killed in Valayanmadam on 19 February by SL Air Force and how does the source know that these children were ‘forcibly recruited’?
  • Who is the local source that reported LTTE firing at approximately 300 civilians fleeing on 6 March (report claims only 11 injured no mention of deaths – were LTTE such poor shooters?!)
  • Who is the source in the IDP camp that reported SLA firing at his 5 cousins when they attempted to escape shooting sister in the head while the 4 brothers sent to detention camp could not be contacted. (how authentic is this report)
  • Who is this ‘media source’ that gained access to IDPs evacuated from safe zone and who confirmed that LTTE fired on civilians on 16 Apr
  • A foreign government claims that an eyewitness informed it in July of a man whose children and grandchildren were killed by SL Army shelling as they crossed the LTTE defense lines in April – how authentic is this?
  • What is the organization that reported heavy shelling in Vallamullavaikal and Karaiyamullivaikal areas on 9 May of LTTE shelling from civilian areas.
  • Who is this ICRC humanitarian worker whose mother was killed in a shell attack in Mullaivaikkal on 13 May
  • Who are the local sources who claim that a large group of people including children coming out with white flags on 16 May were confronted with SL soldiers throwing grenades at them! This allegation needs to be confronted with evidence!

Clarifications

  • The US report mentions that on 30 Jan SL Army shelling destroyed the Vanni headquarters of Caritas (social arm of the Catholic church) destroying humanitarian supplies, fuel reserves and documents but Tamilnet reports that on 23 April its Director Rev. Father Vasanthaseelan was wounded from shelling on the Our Lady of Roses Church in Valaignarmadam which is not included in the US Report! WHY? https://www.tamilnet.com/art.html?catid=13&artid=29135
  • Our understanding is that in a morgue the bodies kept are naked – but US report claims that an organization reported that Vavuniya hospital had 22 naked corpses in the morgue – all women who ‘did not resemble LTTE cadres who had been shot at point blank range between the eyes!
  • The 18 Feb insert claims the source claiming that shelling in the safe zone with large numbers of casualties could not rule out LTTE shelling civilian areas to assign blame to SL Army as SLA had denied such.
  • What happened to roughly 1000 civilians who were crossing on the land route to Kilinochchi on 13 March and LTTE prevented them fleeing? Can this source verify what happened to these 1000 people.
  • The US report mentions of a civilian retaliation on 17 March against LTTE inside the conflict zone and that LTTE had used arms to quell it however there is no mention of any deaths – why is that? Every time there is reporting on LTTE shooting it is purposely kept to minimum numbers or a very vague remark
  • The US report of 21 Mar mentions an organizations local source in Valaiganarmadaam reporting that a fellow staff member was arrested by the LTTE as he tried to escape – what happened to this person, is he still alive?
  • It is also interesting how the US report mentions of LTTE possessing multi barrel weapons but the sources almost always confirm that the firing comes from only government held areas and by the Sri Lanka Army!
  • Who are these SLA soldiers and officers who reported to the US embassy in Colombo on 31 Mar that SLA had shot at escaping civilians? This is a serious insertion to make in a report and US embassy would need to be challenged to provide information
  • The US report also mentions a local source claiming that all individuals arrested by LTTE who were trying to escape the NFZ were labelled ‘traitors and severely punished’ how many such people and what happened to them and are they alive?
  • What is the organization who reported that on 14-18 May the SLA were shelling resulting in civilian casualties though the report also says that the IDPs clearly said that the SLA were only shelling in reply to LTTE’s mortar and gun fire. The report also cites civilians as saying that the on 15 May SLA stopped shelling when LTTE began destroying its own equipment. This piece of information is very important as it confirms that the civilians were honest enough to reveal the LTTE actions as against the hyped media allegations against the SLA. Interestingly enough this same organization also reported that LTTE cadres were going to bunkers where civilians were sheltering asking ‘so you want to run away to the Army do you” and opened fire on them. How many they killed or injured however is not surprisingly not mentioned!
  • What is the organization that reported on 15 May that civilians trying to run from the NFZ were confronted by LTTE and prevented them from escaping twice – how many were killed or injured is also not mentioned.
  • Another foreign government had reported that an eye witness account on 15 May that a young man attempting to escape in Mattalan was fired upon by the LTTE – whether the family were shot is not mentioned and the foreign government should be asked to clarify these details.

The US report citing an organization whose interviews with IDPs confirm that heavy fighting from night of May 17 to morning of May 18 that the majority killed in the NFZ were by LTTE forces. This information is crucial too. Yet another organization gives reports of witnesses in the NFZ claiming SL soldiers were throwing grenades into civilian bunkers on 18 May, some claim that army truck ran over injured people lying on the road. This organization must be confronted and demanded to produce evidence of its allegations!

It is important to take into account Indian embedded journalist Murali Reddy’s diary entries as he was a direct eyewitness and he was interviewing fleeing Tamil civilians.

Nothing of Murali Reddy’s ‘Last Hours” remotely suggests any foul play in the last 70 hours of the Eelam War IV starting out at 3p.m. on May 16 and stopping at 12.30p.m. on May 19th 2009. Reddy says ‘by the night of May 15 there was no civilians left in 1.5sq.km area the Tigers were boxed into’. It was because there were no civilians that the International Committee of the Red Cross who were the only other outfit present inside the war zone decided to suspend humanitarian operations. This reveals that there was absolutely no civilian after 16th May to 19th May inside the war zone. How could then 40,000 or even 125,000 have been killed? The last of the civilians were members of LTTE families was seen in the detention of Sea Tiger Chief Soosai’s family by the Navy on 15/16 May. On 16th May close to 50,000 escaped to safety. It must also be mentioned that Prabakaran’s parents too would have accompanied the civilians for they were eventually found on 27 May by the military in a camp.

Thus, Murali Reddy’s Last Hours covers from 3p.m. 16h May to 12:30p.m. 19th May 2009.

10th May LTTE realizing their fate
11th May LTTE destroying their belongings
12/13th May LTTE allows civilians to leave
15th May Important events :No civilians in 1.5sq.km that LTTE was boxed into·

ICRC suspends operations because there are no civilians.

No civilians from 16th to 19th May ” How could there have been 40,000 to 125,000 civilians?

16th May 50,000 civilians escape (could this be the figure that is being alleged as dead?)·

President Rajapakse informs ICRC that his Government will offer an unconditional surrender which LTTE refuse.

17-18th May Pitch battle between LTTE and Sri Lankan Army
19th May Announcement of Prabakaran’s death

We need to confront all these allegations to demand them to produce the evidence without which there is no requirement for any war crimes tribunals. It is clear that a well-funded tarnishing campaign has been orchestrated to demean the military-cum humanitarian rescue mission of the Sri Lankan Army against an internationally banned terrorist movement whose main funding parties are all located in foreign climes enjoying protection of foreign governments & institutes who must be investigated for their links to terror first as LTTE runs a very lucrative international legal/illegal money generating racket large enough and monetarily powerful enough to buy over anyone & any entity.

Shenali D Waduge

The Treacherous Conspiracy facing Sri Lanka – Part VII

October 28th, 2017

By : A.A.M.NIZAM – MATARA                     

It has become very clear that the separatist Tamils who coud not manipulate the constitutions of Madam Sirivo Bandaranaike (1972) and J.R,Jayawaedene (1978) have got the best ever opportunity to manipulate the formulation of the proposed constitution through this Tamil slavish government with the backing and coercion of the western powers, hegemonic India and rhe Tamil diaspora.  The government seems to be totally unmoved by the mounting opposition to the constitution by the Maha Sangha, religious leaders, professionals, academics, artistes and the patriotic masses. Although it is surprising to note that many foul mouthed loquacious (original or conveniently turned) UNPers in the government including Rajitha, Pacha Ranawaka Kabir Hahim,Etc, keep silent on making comments in favour or to defend this despicable constitution it seems that the party has restricted to speak about it only to a few individuals including the accidently born Sinhala Ranil Wickremasinghe. Jayampathi and Mangala clan.

Under these circumstances many organizations have emerged determined to obstruct and defeat the constitution formulating process.  Former Defence Secretary Gotabhaya Rajapaksa’s Eliya” is one such organization.  Mr. Gotabhaya Rajapaksa has said that the Eliya’s mission is to gather patriotic forces and national organizations to educate people about the danger of allowing a new Constitution to be introduced by the present rulers. He has said that after defeating 30 years of terrorism that scourged our country, we cannot allow our victory to be betrayed through the Constitution or Parliament, and that’s why, the members of the Maha Sangha, academics and professionals from numerous fields decided to organize the  Eliya movement to educate the public the danger of the proposed constitution. He has said that Eliya is an organization determined to do everything necessary to prevent this move for a new Constitution.

The former Defence Secretary has pointed out that it is the same international organizations and foreign governments who opposed the military efforts against terrorism that are trying to bring in a new Constitution aiming to meet the needs of the Tamil separatist politicians.

Ven. Medagoda Abhayatissa, Ven. Induragare Dhammaratana, Fr. Vimal Tirimanna, Tamara Kunanyakam, Dr. Prasanna Gunasena, Dr. Seetha Arambepola, Rear Admiral Dr. Sarath Weerasekera, Major General Kamal Gunaratne, President’s Counsel Manohara de Silva, Attorney-at-law Rushdhie Habeeb, Ajith Nivard Cabraal, C.A. Chandraprema, Sriyantha Mendis and Neela Wickremasinghe were among the mix of professionals, academics and artistes who attended the launch of this vital national movement.

The Eliya movement without confining to holding its seminars to Cilombo should hold regular seminars in outstations to muster the outstation people to get into the streets and hold protest demonstratins against the proposed constitutions.

Similar to the opposition of the Maha Sangha outlined in Part V of this Article series, Parliametarians in the joint opposition have also expressed their firm opposition to this loathsome and unwanted constitutional process.

The lader of the National Freedom Front Parliamentarian Wimal Weerawansa in one of his numerous anti Constituition speeches said that we should face the first encounter against this despicable constitution.  That is not to allow it to go for a referendum and defeat it in the Parlament itself.  He said that all effots should be made to deny it a 2/3 majority in the Parliament.  He ponted out that as a first step of this move a people’s uprising or people’s resentment should be created throughout the country to force those who contested elections under the symbol of the Betel Leaf and entered Parliament by winnng or through the illegal National List and chewing bones at the UNP kitchen to vote against the constitution.  He said that this is the central struggle facing the people of the country today. He said that the atmosphere should be created for making it impossible for these Parliamentarians to go to their eelectorates if they do not join the people’s uprising against the proposed constitution. He also called upon the student community to take up this struggle into their hands and pointed out that if the separatists win this struggle they will dig the graves of the free education and there will be 8 separate educational systems under each 8 federal administrations.  He said that the uniform educational system will be buried for ever.

In another discurse Mr. Weerswansa also stated that if the Parliament approves the Constitution by a two-thirds majority leading to the division of the country regardless of the mounting opposition throught the country there is no need for this moribund parliament and it should be bombed from the air.  The constitution merchants and NGO vultures who want somehow to get the new constitution approved have expressed stern opposition to this statement making Mr. Weerawansa as a punching bag to vent their eternal ideological resentment against him while many erudite personalities including Ven. Bengamuwe Nalaka Thero and some SLFP Ministers in the government have concurred with his statement and have said that the statement should not be taken on its superficial meaning but on the fact of Parliament becoming obsolete even in respect of matters affecting the very existence of this country.

The veteran journalist Dr. Tilak S.Fernando in his latest article, Ceylon today of 28th October, which is relevnt to the above rreferenced subject points out that politics in  Sri Lanka  at present has stooped to gutter level with corruption spearheading like a contagious disease while many Sri Lankan politicians entered the political arena in the past out of sheer patriotism and the yearning to work for the people besides, many of them were icons of wealthy families who died after spending all their fortunes in trying to serve the country. He says that most present-day Parliamentarians tend to display a certain amount of vulgarity and they arrive at the Diyawannawa camp, ‘purely to enjoy the subsidized, sumptuous ‘Parliamentary canteen meal’, some are seen falling asleep in their chairs while debates are in progress and some do not bother to attend, even after receiving a payment of Rs.100,000 as a special allowance.  He asks whether the government politicians take the intelligent voters to be utter nincompoops?

Another stern critique of this obnoxious constitution is Attorney at Law Parliamentarian Udaya Gammanpila who has in many of his discourses explained the imminent dangers of the new constitution in simple legal terms capable of understanding even by an ordinary person. He says that at the very beginning of the steering committee report it starts with a lie similar to the adage Eaten by the devil while offering worships” (Pudanakotama Kaapi Yaka) by saying in the very first page of the steering committee report it says the word ‘Unitary Staate’ is not suitable for use in the case of Sri Lanka. The reason givem is that the Northern Ireland and Scotland have conditions at present to separate from the United Kingdom.  This is a malicious lie.

He explains that the Unitary Status of the Unitted Kingdom is more powerful than the Unitary Status of Sri Lanka.  In Sri Lanka, he points out that a 2/3 majority in the parliament is required to remove the powers of the Provincial Councils and to annul the Provincial Councils.  In the United Kingdom this can be done by a simple majority in the Parliament and with a simple majority it could not only rrevise any legislation approved by the Irish Parliament but also can completely abolish the Irish Parliament. It is because there is a strong Unitary State in the United Kingdom this government is trying to remove the phrase Unitary Status.  The reason is that if it remains a Unitary State it will become a hindrance to their Federal Conspiracy.  Therefore they have removed the phrase Unitary Status by uttering a blatant lie in the very first page of the proposals.  They have dephrased the Unitary Status.  Not only the Supreme Courts of Englad, India and Australia but even in the Supreme Court of Sri Lanka cases are heard in the English language. Therefore in all these places verdicts of court cases have been based on the phrase Unitary Status.  There is no history for the term Unitary Status. When the 1972 consitution draft was being translated into Sinhala from English the phrase ‘Aekeeya Raajya’ was used first.  The meaning of the ‘Aekeeya Raajya’ is one country.  When you say a ‘federal state’ it means several governments in a single country.  Therefore the use of ‘Unitary State’ is more important for us than the phrase ‘Aekeeya Raajya’. The Sinhala meaning of the Unitary State is one country and not one governmet.  Jayampathi Wickremaratne told in a TV debate rrecently that the Tamil word Ottraiarchchi” was removed because it means one governmet and since it does not tally with the word ‘Aekeeya Raajya’. The proposals have scrupulously used the Tamil word Orumitta Naadu” with federal mening when there is the best meaning for the Unitary Status Ottraiarchchi” is available.

In another discourse Mr. Gammanpia states the Mahanayake Thero of the Malwatte Chapter has said that because he reposes trust on the President and the Prime Minister there will be no harm for Buddhism from the new constitution.  He points out that the Mahanayake Theros assertin is contradictory to the teachings of the Lord Buddha.  He points that in the Kaalaama Sutra” Lord Buddha has taught don’t believe simply because something is said by your father or mother, don’t believe in something just because it is taught to you by your teachers, even don’t believe in something just because it is said by me, the Buddha. Believe in anything only after properly analysing it and realising the reality”.  He said that if the Lord Buddha is alive today he would have certainly changed the Kaalaama Sutra” inserting the phrase don’t believe just because it is said by the President and Prime Minister and analyze it” From whom the President is asking whether the constitution is harmful to Buddhism or not? It is from Jayampathi Wickremaratne who is an agnostic and who firmly believes that religion should be separated from the government.  It is something placing cats to safeguard the milk.  He said that he requests Mr. Jayampathi to read the explanation given by Dr. Clvin R.de Silva in formulating the 1972 constitution, why Buddhism should be given the prominent place.

Also presented in this article are views expressed by the prominent Buddhist mnk Ven. Elle Gunawansa Thero as to why the MPs shouldn’t support the steering committee report.

Ven, Elle Gunawansa Thero

Ven. Elle Gunawansa Thera asked the government not to deceive the people with regard to the Steering Committee report and urged the MPs to avoid supporting it when presented in Parliament. The Ven. Thero addressing a media conference organised by the ‘Yuthukama’ Forum said that MPs especially those from the two factions of the Sri Lanka Freedom Party (SLFP) should not support the interim report.

He said that by all means, the MPs can keep the vehicles and all privileges they enjoy but should not support this enormouss sin. He warned that he will visit constituencies represented by these MPs and make the people aware of the dangers if this report is approved.

The Ven. Thero said that he has no faith in any political party and said politics had dragged the country to an abyss and it was clergy and the laity who were maintaining this country.

He said neither the Prime Minister nor anyone else has the right to question the statement made by the Karaka Sangha Sabha.

With regard to the proposal to abolish the executive presidency, the Ven. Thero said the 13th Amendment forcibly imposed to the Constitution should be abolished before pruning the powers of the presidency.

As it has been urged by the Ven.Thero for the MPs not to support the envisaged constitution, people throught the country should make every effort to prevent or forcibly obstruct or even abduct their relevant MPs and thereby prevent them gointg to vote for the constitution. The security personnel detailed for MPs should assist in this measuee as it is a crucal turning point for the future of this country.  It can also be expected that the bias Speaker of Parliament will make every effort to delay the voting untl the arrival of the MPs as he did in respect of the Provincial Council Amendment Bill voting.

(To be continued)

Juda after the last “ hopper”,  sold his leader and friend, to his enemies.

October 28th, 2017

By  Charles.S.Perera

This is for those in Yahapalanaya who champion SLFP remaining with UNP.

Some where in the month of November, 2014, Maithripala Sirisena shared the last hopper” with his political leader and friend and broke away from the SLFP to the opposite camp led by UNP.

It was exactly the opposite of what SWRD Bandaranaike did in 1951, when he broke away from the UNP and left to form his own political party the SLFP.

Maithripala Sirisena had no one to accompany him  when he left the SLFP to join the UNP, where as SWRD had a number of followers  who left the UNP along with him who formed the SLFP in 1956.

Maithripala Sirisena had Ranil Wickramasinghe the UNP Leader  and Chandrika  Kumaratunga ( an unconvinced SLFP er) to welcome him to the UNP side.

But SWRD  as the leader of  SLFP  had the Sri Lanka left wing political leaders, Philip Gunawardhane , N.M.Perera, Dr.S.A.Wickramasinghe, Colvin R. De Siva, Peter Keuneman  and others to welcome him , who later founded  along with SLFP the Mahajana Eksath Peramuna.

Maithripala Sirisena left the SLFP to became a part of the UNP led Common Opposition  to SLFP. Later power seeking politicians in the SLFP like Sarath Amunugama, Mahinda Samarasinghe, S.B.Dissanayake  et al trickled in  to take refuge behind Maithripala Sirisena.

As long as President Maithripala Sirisena remains a part of the UNP lead Government , he has no moral right to be the President of the SLFP. Therefore in reality it would still be Mahinda Rajapakse who is the President of the SLFP which was founded by SWRD Bandaranayake.

President Mahinda Rajapakse what ever his adversaries have to say about him was a generous leader. He  knew that with Maithripala Sirisena  as the President some of the members of the SLFP  greedy for power would leave the party like rats leaving a sinking ship.

Therefore, Mahinda Rajapakse did not want to be responsible for the breakup of the SLFP of SWRD Bandaranayake, who built the Party for the people of Sri Lanka and for the progress of it, economically, socially and culturally. Therefore seeing that the power greedy members of the SLFP were already trickling to  sit on the shade besides Maithripala Sirisena, the President Mahinda Rajapakse the visionary leader he was took a decision to hand over the Presidency of the SLFP to the new President.

In doing so on the 16 January,2015, he said  that ‘…..Having held membership and various offices including the Party leadership, and having nurtured and safeguarded the Party with great dedication for over 50 years, I am taking this decision as I have a great dislike to see the Sri Lanka Freedom Party face the danger of division.”

For Maithripala Sirisena that was an unexpected windfall. He accepted it without any graceful word of gratitude. His letter of acceptance addressed to the President Mahinda Rajapakse was not like a letter of a farmer’s son elevated to the high office of a President, not the words of a President  addressed to his people- not only to  the 62 lakhs who voted for him but also to those who voted against him.

Maithripala Sirisena if he is a good Buddhist President, he should not spit venom at anyone not even at his enemies. Becoming the office of a President is a great responsibility because once elected he becomes the President of all the people of the Country those who voted for him, as well as those who voted against him, of his friends and of his enemies.

But Srisena nevertheless wrote a pretentious, grotesquely  hateful, letter which does no honour even  to the name Maithripala” he bears.

He wrote, Both of us entered national politics from this great party. The SLFP and the voters who kept their faith in it made you the Executive President of this country twice. However, I have become the President in a different manner. That is, by challenging you as the candidate of the common opposition, and by giving leadership to and organizing the growing discontent with your administration. Thereby, I have been able to retain the Executive Presidency within the party as it was slipping away from you and the party. The secret to my success of winning the trust of all opposition parties and groups that stood against you was the inseparable, untainted and genuine relationship between me and the SLFP.”

History of Sri Lanka are plenty of stories of persons who honoured and respected their defeated enemies. After all Maithripala Sirisena cannot have any personal animosity against the man with whom he had the last hopper” before he caste him to the hostile arena of political enemies. That only shows how low people can fall even in winning the highest office in  the country.

What appears to have happened today is that the President Maithripala Sirisena has become a decotration , his voice not been heard on important political issues that has set fire on the minds of Sinhala Buddhists. He is unable to  execute what he thinks is correct and rectify the errors  of  his Prime Minister.

His hands are bound by whatever agreements he may have entered into with UNP, TNA,JVP, JHU, SLMC and the rest. He saw the worst Bond Scam ever happening before his eyes, but he could not even sack the miscreant Governor of the Bank. He appointed a Presidential Commission of Investigation into the Bond Scan but the UNP Ministers called to give evidence was not allowed to be cross examined. Then again when the Prime Minister was about to be called before the Commission, the Commission was asked to terminate further sittings.

Maithripala Sirisena has become this Yahapalanaya Government’s President for reconciliation with Tamils and nothing else. He pardons the LTTE sympathisers who had attacked him, but he allows  Mahinda Rajapakse , his family and his supporters to be accused on false allegations.

The Local Government elections are prolonged even by use of  ruse and falsehood.

A ridiculously , but a most disastrous  interim report on the new Constitution to be written is placed before the Parliament. In the proposed  Sinhala version of the  Constitution they use a Tamil word to define Unitary as if the Sinhala language has no word to define ‘Unitary’. They use the word Orumittanadu abandoning even the Tamil word hitherto used to define Unitary in the Tamil version of the 1978 Constitution.

The English version of the Constitution is also to  have the word ekiya/ orumittanadu  instead of unitary. Who in the world reading our constitution in English will understand  what is  Ekiya Orimittanadu ? Are they writing a Constitution or a Comedy ?

The President with his hands bound is helpless – he has to say yes to his Prime Minister who  in turn is  bound by his white masters of the West to write a New Constitution at all cost. The President acts as required by his Prime Minister, as a tool for reconciliation. The National Anthem is already mutilated, being  sung in Tamil by the Tamil and in Sinhala by the Sinhala.

If Sri Lanka is to be saved the writing of the new Constitution should be stopped and executive powers of the President should be restored.

In this  present situation if the President hesitates to put his foot down and say no to evil actions being perpetrated against Sri Lanka by Ranil Wickramasinghe and his UNP cohorts, the President Maithripala Sirisena will go down to history as a puppet President who sold Sri Lanka to Tamils on a pseudo reconciliation project where only the Sinhala people want reconciliation while Tamils want separation.

If Maithripala Sirisen as the President is unable to use his Presidential authority or executive powers to stop the writing of a new Constitution based on the interim report now before them in the Parliament, the SLFPers who had taken refuge behind  the President should have the courage and the  intelligence  to leave him.

Because,  in not taking any action to stop Ranil Wickramasinghe and his UNP companions continuing to destroy the sovereignty , independence, and unity amoung the Communities in Sri Lanka, all those SLFPers supporting  Maithripala Sirisena will be equally  responsible for destabilising and ending the 2500 or more years old Sri Lanka that belong primarily to the Sinhala Buddhists, and then to the minory communities who had accepted to live with the Sinhala as Sri Lankans..

Which way is Sri Lanka Going ?

It has to be determined by all the members of the SLFP in the Parliament. If they are real patriots and members of the SLFP formed by SWRD Bandaranayake they should stand as one against the interim report for a new Constitution which is due to be debated in Parliament. They should  refuse to give the two third majority to pass the destructive document as a bill which would be the basis for a Constitution with a definite Federal Character as demanded by the West and the Tamil Diaspora.

Final hours for dividing country are now passing – Jayantha Samaraweera

October 28th, 2017

ගත වෙන්නේ රට බෙදන අවසන් පැය කිහිපයයි

රටට ආදරේ නම් ව්‍යවස්‌ථාවට ඡන්දය දෙන්න එපා – ඇල්ලේ ගුණවංශ හිමි

October 28th, 2017

ලසිත දුමින්ද උපුටා ගැන්ම දිවයින

රටට ආදරයක්‌ තිබේනම් යෝජිත නව ආණ්‌ඩුක්‍රම ව්‍යවස්‌ථාවට විරුද්ධව ඡන්දය ප්‍රකාශ කරන ලෙසට ශ්‍රී ලංකා නිදහස්‌ පක්‍ෂ මන්ත්‍රීවරුන්ගෙන් ඉල්ලා සිටින බව ඇල්ලේ ගුණවංශ හිමියෝ පැවැසූහ.
 
 ‘ලංකාව ඔරුමිත්තනාඩුවක්‌ නොකරනු – බෙදුම්වාදී ව්‍යවස්‌ථා එපා’ යන තේමාව  යටතේ තුම්මුල්ල සම්බුද්ධත්ව ජයන්ති මන්දිරයේ ඊයේ (27 වැනිදා) සංවිධානය කර තිබූ මාධ්‍ය හමුවකදී උන්වහන්සේ එසේ ප්‍රකාශ කළහ.
 
 රට වෙනුවෙන් කතා කරන චරිත ජාතිවාදීන් ලෙස නම් කර ඇතැයි පැවැසූ උන්වහන්සේ ජාතිවාදී වචනය ගෙනැත් තිබෙන්නේ කාලකන්නි දේශපාලනඥයන් යෑයි ද සඳහන් කළහ.
 
 වරදාන ලබා ගැනීමේ අරමුණින් රට පාවා නොදෙන ලෙසට ශ්‍රී ලංකා නිදහස්‌ පක්‍ෂයේ ඇමැතිවරුන්ගෙන් සහ ගමේ සුවඳ හඳුනන එක්‌සත් ජාතික පක්‍ෂ ඇමැතිවරුන්ගෙන් ඉල්ලා සිටින බව ද ඇල්ලේ ගුණවංශ හිමියෝ පැවැසූහ.
 
 මේ වන විට හිතාගන්න බැරි අන්දමට විශාල මුදල් ප්‍රමාණයක්‌ රට තුළ සංසරණය වන බව ද, මුදලට රට සහ ජාතිය පාවානොදෙන ලෙසට සියලුම දේශපාලනඥයන්ගෙන් ඉල්ලා සිටින බව ද උන්වහන්සේ ප්‍රකාශ කළහ.

මහින්ද අද ඉන්දියාවේ සංචාරයක

October 28th, 2017

හිටපු ජනාධිපති මහින්ද රාජපක්ෂ මහතා ජාත්යන්තර බෞද්ධ හා සංස්කෘතික සම්මේලනයක ප්රධාන ආරාධිත දේශනයකට සහභාගිවීමට අද (28 දා) ඉන්දියාවේ මහාරාෂ්ඨ ප්රාන්තය බලා පිටත්ව ගියේය.

ඉන්දියාවේ මහාරෂ්ඨ ප්රාන්තයේ, අවුරංගබාත් නගරයේ බෞද්ධ හා සංස්කෘතිය පිළිබඳ ජාත්යන්තර බෞද්ධ සම්මේලනය මගින් මෙම ආරාධනය කර ඇත.

අවුරංගබාත් නගරයද ඒ අවට මහාරාෂ්ඨ ප්රාන්තය ප්‍රදේශයද ඉන්දියාවේ බෞද්ධයින් වැඩි දෙනෙක් ජීවඉත්වන ප්‍රදෙශයකි.

අවුරංගබාත් නගරයද ඒ අවට මහාරාෂ්ඨ ප්රාන්තය ප්‍රදේශයද ඉන්දියාවේ බෞද්ධයින් වැඩි දෙනෙක් ජීවඉත්වන ප්‍රදෙශයකි. මෙම නගරය ඉන්දියාවේ බෞද්ධ පුරාවස්තු කේන්ද්‍රයක් වන අජන්තා පුරාන විහාර පද්ධතියට නොදුරින් පිහිටා ඇත.

තෙදින සංචාරයක් සඳහා මහාරාෂ්ඨ ප්රාන්තය බලා පිටත්ව යන හිටපු ජනාධිපතිවරයා සමඟ මහාචාර්ය ජී. එල්. පීරිස් මහතාද සහභාගි විය.

The Treacherous Conspiracy facing Sri Lanka – Part VI

October 27th, 2017

By : A.A.M.NIZAM – MATARA                     

Double tongued Tamil slavish Sirisena who denies in the South what he says in the North and says in the North whatever that pleases the Tamls and denies to the Maha Sangha and the people of the South of steps being taken to bring a new constitution has told in Qatar that due to the freedom and democracy existing in Sri Lanka many people use the internet to project a wrong picture about the new constitution that is being formulated.   In Sri Lanka.  Having examined the views of the Maha Sangha, other religious dignitries and prominent prominent personalities belonging to other communities in Part V of this article, let us now examine the comments made by the former President Mr. Mahinda Rajapaksa on the proposed constitutuon.

The former President Mr. Mahinda Rajapaksa said the government did not receive a mandate to repeal the existing Constitution. In a special statement issued commenting on some of the key proposals that have been made in the Steering Committee report he states the following:

The constitutional reform pledges made at the last presidential election was restricted to changing the system of elections and abolishing the executive presidential system. This government never received a mandate to repeal and replace the existing constitution. We are completely opposed to the following proposals made in the interim report of the Steering Committee of the Constitutional Assembly.

“It has been proposed that the Sinhala word ‘ekeeya’ be retained in the Sinhala version of the proposed new constitution, while the English word ‘unitary’ will be dropped from the English version together with the conceptual framework it denotes. Thus the local population will be under the impression that Sri Lanka still remains a unitary state, but in the eyes of the international community, we will be considered a country that has relinquished unitary status. That such chicanery can even be contemplated is indicative of the mentality of the people driving this constitutional reform process.

“The intent behind these reforms is made clear by the proposal in page four that the northern and eastern provinces be considered one province. Furthermore it has been proposed that the territory of Sri Lanka which is described in Article 5 of the present Constitution as consisting of the 25 administrative districts named in the relevant Schedule, be instead described in terms of an unspecified number of provinces named in a Schedule rather than the specific number of districts – which gives an indication of the intent behind these proposals.

“It has been proposed to devolve to the provinces all powers and functions that can be carried out at the level of the province on the basis of the principle of ‘subsidiarity’. It is on the basis of a similar conceptual framework that the separatists have been agitating for an independent state in the northern and eastern provinces since 1972.

“Once powers are devolved to the provinces on the basis of ‘subsidiarity’, it has been proposed that Parliament should not have the power (even with a two thirds majority) to make any changes to that arrangement without the consent of each and every provincial unit. It has also been proposed that Parliament should not have the power to legislate into law, national standards and national policies without the consent of the proposed second chamber of parliament which would consist mostly of representatives of the provincial units. Furthermore it has been proposed that the list of concurrent powers which confers a certain leadership role on the central government be abolished and those powers also be transferred to the provinces. In addition to all that, the implementation of certain matters coming under the central government is to be assigned to the provinces, thus greatly reducing the role of the central government as befits a federal system.

“The executive powers of the provincial Governors are to be transferred to the provincial boards of ministers and the Governors are to carry out their duties on the advice of the former to the extent where the Governor will not have the authority even to inform the central government of an emergency situation that has arisen in a province without instructions from the chief minister. Furthermore the time given to the Governors and thereafter to the President to either assent to a provincial statute or refer it to the Supreme Court for a determination on its constitutionality is to be fixed at two weeks and upon the expiry of this period, the statute would automatically be considered to have received executive assent. This will severely restrict the ability of the Central government to control the provinces. Sri Lanka’s system of devolution has been borrowed from India. According to Article 201 of the Indian Constitution, the President of India has a veto power over any law passed by a state – a power the President of Sri Lanka never had. Therefore we cannot agree to a further reduction of the powers of the central government over the provinces.

“It has been proposed that land powers which belong to the central government under the provisions of the present constitution and the relevant Supreme Court judgments, be transferred to the provinces. Thereafter if the central government makes a request to obtain a state land coming under the provincial councils and the request is turned down, the matter will be referred first to arbitration and thereafter to the proposed constitutional court. In stark contrast to this in India, if the central government requires land in a state, it can be acquired regardless of the consent or otherwise of the state government concerned. Hence no change should be made in the land powers under the present constitution as interpreted by the Supreme Court.

“It has been proposed to set up a second chamber in parliament with 45 of its 55 members being representatives of the provincial councils. The purpose of this body is to give the provincial representatives a veto power over the law making powers of parliament by making a two thirds majority in the second chamber mandatory to amend the constitution. According to Article 249 of the Indian Constitution, the Rajya Sabha can by a resolution passed with a two thirds majority, confer on Parliament the power to govern one or all of the states. Subject to its renewal each year, this arrangement can be continued for as long as is necessary. This is one of the main constitutional safeguards put in place to preserve the territorial integrity of India. Unless it is vested with powers analogous to Article 249 of the Indian Constitution, a second chamber of Parliament would not be necessary in Sri Lanka.

“Even though the number of MPs to be elected on the proportional representation system which favours minor parties has been increased to 40%, it has nevertheless been proposed to create small constituencies and multi member constituencies to ensure the representation of various communities. It has also been proposed that an additional number of seats be allocated to the northern province on the basis that those who went overseas due to the war and have not returned after the war ended are displaced people. Making changes to the system of elections so as to promote ethnic and religion based politics is counterproductive. It has also been proposed that the base for electing MPs on the proportional representation system be changed from the district to the province – which is another way of promoting federalism.

“The reason why this latest set of proposals does not mention police powers even though it was mentioned in the earlier documents released by the Constitutional Assembly, could be because the provisions needed to divide the police service into nine units already exist in dormant form in Appendix I of the Ninth schedule of our Constitution due to the 13th Amendment. We believe the national police force should continue to function countrywide as it does at present. Appendix I of the Ninth Schedule of the present Constitution should therefore be amended to suit the prevailing practical reality.

“There are many other unacceptable provisions in these latest constitutional reform proposals such as; the proposal to abolish the constitutional jurisdiction of the Supreme Court and to confer it on a special constitutional court, various proposals to imbue the prime minister with the characteristics of a president after the executive presidency is abolished, and restrictions on dissolving parliament for a given period following an election etcetera. However we have not commented on such matters here because they are not immediately relevant to what we see as the main objective of these constitutional proposals.

“Even though a proposal has been made to amend Article 9 of the present Constitution which accords the foremost place to Buddhism, it is clear that this is not one of the yahapalana government’s actual priorities at this point in time. Analysts have opined that this proposal to amend Article 9 has been brought in so that it can be abandoned at the last moment in a seeming compromise to mislead the Maha Sangha. Another such proposal which can be abandoned in a seeming compromise so as to mislead the majority community, without doing any harm to the ultimate constitutional objectives of the yahapalana government is the proposal to include in Article 7, the Tamil version of the national anthem.

“The interim report thus includes several provisions which can be abandoned at the last moment as bargaining points. Everyone knows that the yahapalana government has mastered the art of constitutional and legal deception and dissimulation. The objective of the yahapalana government at this point in time, is not to change the provisions relating to Buddhism or the national anthem but to change the structure of the Sri Lankan state from unitary to federal. The purpose of these constitutional proposals is to meet commitments made to the local and international forces that helped them to capture power in January 2015. The proposed constitutional reforms if implemented will put in place the legal and conceptual framework needed to have in Sri Lanka a Kurdistan or Catalonia style referendum for independence at a future date.

“The vast majority of the Tamil and Muslim people live outside the northern and eastern provinces. Therefore, the carving out of federal units based on ethnicity or religion and the conferring of sweeping powers on such units should never take place in this country. My request to the government is that they abandon this destructive proposal for a new constitution tand to bring forward proposals to implement the original constitutional pledges they made.”

As Mr. Rajapaksa has pointed out the Maha Sangha and the people should be very cautious about the tricks being made by this cheating government to mislead the Maha Sangha and the people in respect of Articles 9 and 7 and attempts being envisaged to display bogus compromises and there by dilute the opposition to the whole constitution package.  They perhaps may take these measures to make double tounged Tamil slavish Sirisena to claim that they are fully democratic and oblige to people’s demands while granting federalism, devolution, and self rule through the backdoor. This despicable government could also adopt the proposed constitution something similar to the way they cheated the people in respect of the Supreme Court ruling on the proposed 20th amendment by incorporating its crucial clauses of the envisaged amendment on the sly in the Provincial Council Election (Amendment) Act making the TNA and excessively bribed JVP to vote with them.  Speculation in the grapevine said that the JVP Leader Anura Kumara Dissanayake received Rs. 300 Million, all Tamil diaspora money. The Islamd” editorial of 25th October pointd out the original Bill had only one page containing four sections. By the time it was steamrollered through Parliament, it had as many as 21 pages. The government leaders had smuggled 27 sections into it at the committee stage so as to circumvent a Supreme Court ruling.

Meanwhile,the former President has decided to lead the joint opposition team against the steering committee proposals when it comes for debate in the Parliament.

Bar Council of the Bar Association of Sri Lanka, the highest body of the legal fraternity of Sri Lanka at a special meeting held on 23rs October resolved to express its grave concern about the proposed amendments to Articles 1 and 2 of the present Constitution.

The Bar Council also noted that proposed amendments in the Interim Report of the Constitutional Assembly of Sri Lanka had the effect of converting the Unitary character of the State to a Federal structure.

The Bar Council resolved to write to the government, urging it to respond precisely and with clarity to inter-alia the following questions:

  1. What is the need/requirement for a new Constitution?
  2. a) Will Sri Lanka continue to be Unitary?
  3. b) If so, what [in brief] is the concept of a Unitary State?
  4. What powers will be devolved on the Provinces?
  5. a) Can the Central Government/ Parliament get back such powers if necessary?
  6. b) if so, in what manner?
  7. In appropriate circumstances, would the President have the power to exercise direct rule in the Provinces?
  8. Will the Executive Presidency be abolished?
  9. a) What would be the Court structure?
  10. Will there be a Constitutional Court?
  11. If so, how are the Judges to that Court to be appointed?
  12. a) How are Judges of the Supreme Court and the Court of Appeal appointed?

8) i. Will there be criteria for such appointment?

  1. If so, what are they?
  2. How will the judges of the Superior Courts be removed?
  3. Will all Judges of the District Courts and Magistrates Courts throughout the country be appointed by the Judicial Services Commission and will their transfers and discipline subject only to the judicial Services?

11.a. What are the Fundamental Rights that would be justiciable?

  1. In what Courts would the Rights be justiciable?
  2. Would the Courts have the power [up to a limited period of time] to review legislation if inconsistent with the Constitution?

The  BASL communique issued regarding the Bar Council Special meeting was signed by its President U.R. De Silva, PC.

The Bar Council has been forced to take this stance as they being professionals in legal matters have sensed the imminent danger being persued by the government in despicably changing the legal foundations and safeguards in this country on the behest of foreign elements.

(To be continued)

 

Meatless Sri Lanka – A noble ideal worth pursuing as part of our ethical and moral advancement

October 27th, 2017

Senaka Weeraratna

An expanded version of the Opening Address of Welcome from Senaka Weeraratna, Chapter Leader, Dharma Voices for Animals (DVA) Colombo, Sri Lanka Chapter delivered at the 2nd Asian Buddhist Animal Rights Conference held in Colombo on October 26, 2017.

Most Venerable Aggamaha Pandita Kotugoda Dhammawasa Mahanayake Thera, and Venerable members of the Maha Sangha, Hon.Speaker, Mr. Bob Isaacson, President of Dharma Voices for Animals and Chapter Leaders of Dharma Voices for Animals, President of the Anagarika Dharmapala Humanitarian Foundation, Distinguished Guests, Ladies and Gentlemen.

On behalf of the Dharma Voices for Animals, Colombo Chapter, being a Jt. Convenor together with the Anagarika Dharmapala Humanitarian Foundation, of this 2nd Asian Buddhist Animal Rights Conference, I welcome you all to this unique occasion. It is unique because we are gathered here not to discuss problems affecting members of our species, which are what almost all meetings of humans tend to discuss but to focus attention on the plight of other species that we humans share this planet with. It is this aspect which makes this gathering extraordinary.

It is a conference not to discuss the commercial exploitation of animals under the seemingly inoffensive terms such as animal husbandry, livestock industry, inland fisheries, goat farming, cattle farming and the like, but to direct attention to their suffering on a mind boggling scale mostly at the hands of humans that can no longer be treated as a closed book. We take great pride in the progress of civilization in regard to human rights but we have failed to maintain ethical coherence when it comes to our treatment of the other eight million species that inhabit this planet with us. We place high value on human life but almost zero value on non – human animal life. All our pretences to be civilized are put to shame by our double standards and sheer hypocrisy.

This big gap must be bridged. This Conference is a step forward in that direction.

The main objectives of this Conference are:

1) To promote DVA’s Sri Lanka Project which calls on all Buddhists to refrain from harming animals and become vegetarian or vegan
2) To require all Buddhists to become vegetarian or vegan for at least one day per week and forego flesh foods in the month celebrating vesak
3) To appeal to Buddhist clergy to consume a vegetarian/vegan diet while calling on the public to serve only plant-based food as dana to clergy.
4) To call for a ban on cattle slaughter.
5) To call for the enactment of the Animal Welfare Bill without further delay.

This Conference has two main platforms:

1) To draw attention to animal suffering, and
2) To work out remedies including personal transformation through change of diet by humans to reduce such suffering.

In this context it must be mentioned that in 2015 after evaluating more than 800 case studies the World Health Organization (WHO) gave its verdict on the cancer risks of red and processed meat. It is alarming to note that processed meat is now being classified as a ‘definite’ cause of cancer, and red meat being identified as a ‘probable’ cause.

In the wake of these findings it has therefore become a matter of urgency for all concerned people to take active steps to promote a vegetarian/ vegan diet. Buddhists in particular must set the example because Buddhism by and large recognises animal rights more than any other religion except Jainism. Buddhism holds that all life forms are sacred.

The Buddhist first precept

“I undertake to abstain from taking life.” can be given also an implied and pro active meaning ‘I undertake to save lives in danger from abuse and slaughter’ . This is exactly what the Buddha did in his time. He walked from Devale to Devale asking people to cease killing animals by way of animal sacrifice.

The first precept is not only about abstaining from taking life but it can also be interpreted to contain an implied calling to save lives in danger. Buddhism opposes all forms of animal exploitation. Killing of animals for food is contrary to Buddhist teaching. Kill and eat is not a Buddhist principle.

Greed, craving and desire to eat meat constitute a mental defilement. To eat meat without bothering to consider its true source is not right mindfulness. Kindness and compassion, and craving for meat cannot go together.

When the celebrated Russian writer Leo Tolstoy said ‘As long as there are slaughter houses there will always be battlefields”, he was merely echoing in different language what the Buddha had said in the Sutta Nipata 2, 600 years ago, Of old there were only three diseases -desire, want of food, and decay. Owing to the killing of the cattle, there sprang ninety-eight diseases.” (Suttanipata: 2:7:27-30:)

Wars, ethnic and religious riots and other forms of related human unrest and violence are collective karmic results of generated hatred when group-slaughtered animals, which die in great fear and hatred, are reborn as humans. Moreover the pain vibrations of dying animals are not without adverse consequences for humanity.

For hundreds of thousands of years

the stew in the pot has brewed hatred and resentment

that is difficult to stop.

If you wish to know why there are disasters of armies and weapons in the world,

listen to the piteous cries from the slaughterhouse at midnight.”

-Ancient Chinese Verse translated by Gold Mountain Monastery Staff

An Indian Scientist, Dr. Madan Mohan Bajaj in his book ‘A New Approach’ claims that the slaughtering of innocent animals and their cries before death is responsible for a large number of natural disasters such as Earthquakes e.g. Gadhimai Festival in Nepal in 2014 where over 500,000 head of cattle were slaughtered brutally was followed shortly afterwards by a Nepali Earthquake in April 2015 that killed nearly 9,000 people and injured nearly 22,000.

The daily butchering of thousands of animals continually for several years generates acoustic anisotropy due to Einsteinian Pain Waves (EPW) emitted by dying animals. And the accumulated acoustic anisotropy is found to be related to the stress history of rocks.

The French Buddhist monk Matthieu Ricard in a recent article ‘ A Plea for the Animals’ explains the double standard of humans by use of the expression ‘ Cognitive dissonance ’.” You split your mind. You do terrible things to others including animals and play the role of good father at home on the other”. He says ‘if you keep on being ethically incoherent there is something in you that is not being healthy, that undermines your flourishing. It is not physically and mentally healthy to have this deep incoherence”

Public Policy in Sri Lanka

It is a national shame that the Animal Welfare Bill which the Law Commission released in 2006 is still languishing in the pipeline without any single Political party making a concerted effort to ensure its enactment. Both main rival political camps in the country are fighting shy to better the lives of animals though law reform providing greater protection and care. Animals have no votes and therefore they fail to get into the radar of public policy making except in the instances of commercial exploitation.

We must re – fashion public policy to be animal friendly like in the pre-colonial era. The Mahavamsa and the Chulavamsa provides specific examples of how Sinhala Kings cared for animals worthy of being recorded in historical chronicles as good meritorious deeds.

The concept of Justice in the Sinhala Legal Heritage was much wider than the idea of Justice rooted in the western legal tradition because it included protection of animals not only from mere cruelty.

The challenge we face is to revive Buddhist values that save lives. The view that animals are there to serve human ends even at the expense of their lives is not part of Buddhist teaching.

Heavy emphasis is placed on the idea of Reconciliation. It is the Buzz word. Why should it be confined to members of only one species? Ideally speaking Reconciliation in a Buddhistic sense must apply across the Board. Humans have been engaged in wrong doing since time memorial to other species. The least we can do is to apologise to them in the form of a catharsis though their lives cannot be restored. We are today still struggling to achieve accountability for wrongs done to various groups by more powerful forces by way of intra – species accountability. The day is not far off when there will be calls for inter – species accountability as part of ethical co – herence.

Bar Association of Sri Lanka

The legal profession especially in Sri Lanka must become proactive in the animal rights field. A life of an animal is dear to it as much as it is to us humans. It is not only a moral or ethical issue. It is also very much a Justice issue. Animals are the most inhumanely treated and victimized members of our moral community.

No lawyer worth his salt can deny this plain simple fact. To do otherwise is to draw attention to one’s insensitivity towards others or lack of a true sense of justice.

I call on the Bar Association of Sri Lanka to join us in demanding the enactment of the Animal Welfare Bill. Its deafening silence on Animal related issues including inhumane killing of stray dogs does no good to its overall image. The world is changing to accommodate animals even in national constitutions. Sri Lanka too must march forward with the times.

Public commissions of Inquiry are established at the drop of a hat in Sri Lanka to probe every conceivable alleged wrong doing except in the case of heinous crimes committed on animals e.g. slaughter houses, ritual slaughter, home slaughter, animal sacrifice and the like. The crimes perpetrated against animals live in the black hole of our collective amnesia unable to awaken our moral conscience.

Religious Festivals should be slaughter free

The screams of animals being slaughtered under most primitive unregulated conditions and in the backyards of homes during times of religious festivals go unheard and unnoticed in the corridors of power of this pre-dominantly Buddhist country. In England home slaughter is banned. Ritual slaughter is regulated and required to be performed only in registered abattoirs by skilled persons carrying a certificate. Women and children sometimes carrying blunt knives are prohibited from slaughtering animals in the backyards of their homes in England as part of ritual animal sacrifice.

All Religious Festivals in Sri Lanka should by law be made slaughter free.  A vigorous advocate of Vegetarianism, the Italian monk, Ven Lokanatha wrote a Book on the subject entitled ‘ The Crime of Killing’ which remains unpublished.

There he boldly declares

” Any religion that allows killing is false. and Why? because it is impossible to kill with any trace of love left in the human heart. The first thing that dies in the act of killing is love. A religion which permits animal slaughter is based on Greed, Selfishness, and Hatred. How can you eat animals by killing them. Your love is in your text, not in your heart. You tell the animals” Your death is my life”. I am a vegetarian Buddhist and I tell the animals: ‘ Live and Let Live’.

Buddhism is the religion of boundless loving – kindness”

Extracted from ‘ The Western Contribution to Buddhism ‘ by William Peiris

Buddhist Cultural Centre: 2017

Page 226

Our children are the protectors of animals in the future. Hence the importance of animal protection education from the very beginning of a child’s education. Legal education in both the Law Faculties and Sri Lanka Law College must offer study courses that also include units on Animal Rights along with Human Rights, or special courses on Animal Rights.

Today you will hear many voices speaking on behalf of animals at this Conference. They are drawn from a variety of fields e.g. nutrition, medicine, religion, veterinary science, law, humanities, politics etc. and backgrounds local and foreign. Animal Rights activists who are well represented in this Hall can be expected to have a field day in the ensuing deliberations. We have arranged for Conference meals in line with our animal friendly beliefs and practices – all vegan food. Vegetarianism and veganism are both gestures of renunciation. A Meatless Sri Lanka is a noble ideal worth pursuing as part of our ethical and moral advancement.

This esoteric Conference is the fruit of the labour of a number of people too numerous to mention by individual name. However it would be tantamount to an unpardonable lapse and a dereliction of duty if I fail to acknowledge three outstanding efforts, namely, the magnanimity of the DVA parent organization led by Bob Isaacson in funding a sizeable part of the expenses, the contribution of Dr. Lanka Dissanayake and her enthusiastic team from the Anagarika Dharmapala Humanitarian Foundation, in handling the logistics with great attention paid to detail, together with constant guidance in negotiating numerous twists and turns along the way, and Ms. Renuka D. Nagodavithana, DVA Colombo Chapter Co – ordinator, for her invaluable services in several areas to ensure the success of this Conference.

I thank you all once again for your kind presence at this noteworthy gathering.

Senaka Weeraratna

What Is Cholesterol?

October 27th, 2017

Dr Hector Perera. London

To understand high blood cholesterol, it helps to learn about cholesterol. Cholesterol is a waxy, fat-like substance that’s found in all cells of the body.

Your body needs some cholesterol to make hormones, vitamin D, and substances that help you digest foods. Your body makes all the cholesterol it needs. However, cholesterol also is found in some of the foods you eat. Butter, ghee, hard margarines, lard, dripping and goose fat, fatty meat and meat products such as sausages, Full fat cheese, milk, cream and yogurt, Coconut and palm oils and coconut cream. These food are supposed to have lots of bad cholesterol but if we limit the amount we eat then it would not do much harm.

Oatmeal, oat bran and high-fibre foods

Oatmeal contains soluble fibre, which reduces your low-density lipoprotein (LDL), the “bad” cholesterol. Soluble fibre is also found in such foods as kidney beans, apples, pears, barley and prunes. Soluble fibre can reduce the absorption of cholesterol into your bloodstream.

Cholesterol travels through your bloodstream in small packages called lipoproteins (lip-o-PRO-teens). These packages are made of fat (lipid) on the inside and proteins on the outside. Two kinds of lipoproteins carry cholesterol throughout your body: low-density lipoproteins (LDL) and high-density lipoproteins (HDL). Having healthy levels of both types of lipoproteins is important. LDL cholesterol sometimes is called bad” cholesterol. A high LDL level leads to a build-up of cholesterol in your arteries. (Arteries are blood vessels that carry blood from your heart to your body.) HDL cholesterol sometimes is called good” cholesterol. This is because it carries cholesterol from other parts of your body back to your liver. Your liver removes the cholesterol from your body.

What Is High Blood Cholesterol?

High blood cholesterol is a condition in which you have too much cholesterol in your blood. By itself, the condition usually has no signs or symptoms. Thus, many people don’t know that their cholesterol levels are too high.

People who have high blood cholesterol have a greater chance of getting coronary heart disease also called coronary artery disease. The higher the level of LDL cholesterol in your blood, the GREATER your chance is of getting heart disease. The higher the level of HDL cholesterol in your blood, the LOWER your chance is of getting heart disease.

Coronary heart disease is a condition in which plaque builds up inside the coronary (heart) arteries. Plaque is made up of cholesterol, fat, calcium, and other substances found in the blood. When plaque builds up in the arteries, the condition is called atherosclerosis. Over time, plaque hardens and narrows your coronary arteries. This limits the flow of oxygen-rich blood to the heart.

Eventually, an area of plaque can rupture (break open). This causes a blood clot to form on the surface of the plaque. If the clot becomes large enough, it can mostly or completely block blood flow through a coronary artery. If the flow of oxygen-rich blood to your heart muscle is reduced or blocked, angina or a heart attack may occur.

Angina is chest pain or discomfort. It may feel like pressure or squeezing in your chest. The pain also may occur in your shoulders, arms, neck, jaw, or back. Angina pain may even feel like indigestion.

A heart attack occurs if the flow of oxygen-rich blood to a section of heart muscle is cut off. If blood flow isn’t restored quickly, the section of heart muscle begins to die. Without quick treatment, a heart attack can lead to serious problems or death.

Plaque also can build up in other arteries in your body, such as the arteries that bring oxygen-rich blood to your brain and limbs. This can lead to problems such as carotid artery disease, stroke, and peripheral artery disease.

Recommended normal cholesterol levels in the UK

NHS guidelines recommend that total cholesterol levels should be 5mmol/L or less for healthy adults, and 4mmol/L or less for those at high risk. But what is a normal cholesterol level when it comes to LDL-cholesterol guidelines? Well, out of this total, LDL-cholesterol levels should be below 3mmol/L for healthy adults, and 2mmol/L or less for those at high risk. According to NHS figures for the UK in 2011, around half of all people over the age of 18 have a total cholesterol level above the recommended level of 5mmol/L. It is recommended that you have 1mmol/L of HDL-cholesterol (good cholesterol”) in your blood.

What are triglycerides?

Triglycerides are another type of fatty substance in the blood. Like LDL cholesterol (the bad type), triglycerides are also bad. They’re found in foods such as dairy products, meat and cooking oils. They can also be produced in the body, either by the body’s fat stores or in the liver. Ideally, your triglyceride level should be less than 1.7 mmol/l.

If you have high triglyceride levels, you may have a greater risk of developing cardiovascular disease than people with lower levels. If you are very overweight, eat a lot of fatty and sugary foods, or drink too much alcohol, you are more likely to have a high triglyceride level.

Eat a healthy balanced diet

Eating lots of fruit, vegetables, and wholegrain is better than eating foods high in saturated or trans fats. You can replace saturated fats with the healthy monounsaturated and polyunsaturated fats such as olive, rapeseed or sunflower oils and spreads. Choose foods that are high in soluble fibre such as oats, beans, pulses, lentils, nuts, fruits and vegetables. Soluble fibre can help lower cholesterol.

Do regular exercise

Regular physical activity can help increase your HDL cholesterol (the good type of cholesterol). Staying active is great way to keep your heart healthy. When I mentioned about exercises, it does not mean to lift weights in a gym but a simple one such as walking is a good exercise. If possible walking in a park is an advantage because of fresh air. Busy cities have polluted air with dust particles and toxic air from   vehicles. No wonder some people prefer to live in country side.

Quit smoking

Anyone can mention this term even hundreds of times but some people turn a blind eye or deaf ear to these terms. I have seen some people smoke just outside the hospital entrance and some people were on wheel chairs, perhaps they are not aware of the disadvantages of smoking. They may be smoking due to sheer habit. Quitting smoking can help to lower your cholesterol and improve your heart health. I am sure you all heard that smoking is bad but however much it is mentioned that smoking is bad for your health, still people smoke at home, in the office also in pubs and restaurants also when their friends and families get together for a meal. If you happened to go pass a pub then you would notice, lots of people smoke followed by a drink such as a beer. I have my doubts some people would stop smoking altogether.

Will I need to take medication?

Whether or not you need to take cholesterol-lowering medicine depends on your overall risk of cardiovascular disease. Cholesterol-lowering medicines such as statins are prescribed for people who are at greatest overall risk of cardiovascular disease. If you have questions about your medicines, speak with your doctor. Statins are the medications to lower your cholesterol and there are several types of Statins that include: Atorvastatin (Lipitor), Fluvastatin (Lescol), Lovastatin, Pitavastatin (Livalo), Pravastatin (Pravachol), Rosuvastatin (Crestor) and Simvastatin (Zocor). Your doctor would decide which one is suitable for you.

Will eating too many eggs raise my cholesterol?

For most people, the amount of saturated fat they eat has much more of an impact on their cholesterol than eating foods that contain cholesterol, like eggs, liver, kidneys and shellfish. Unless you have been told otherwise by your doctor or dietician, if you like eggs, they can be included as part of a balanced and varied diet. Your comments are welcomed perera6@hotmail.co.uk

Power of Plant Foods

October 27th, 2017

Courtesy: Daily Mirror ( Editorial) October 27, 2017

Health aspects of vegetarianism or veganism and therefore a more healthy and more compassionate society, were the theme of the second Asian Buddhist animal rights conference held in Colombo yesterday, co-hosted by the Sri Lanka branch of the California based Dharma Voices for Animals (DVA) and the Srimath Anagarika Dharmapala Foundation.

Speaker Karu Jayasuriya, himself a total vegetarian as is his immediate family, was the chief guest, but he expressed concern that meat eating in Sri Lanka was on the increase though many western countries were turning to vegetarianism. The co-hosting movements also appeal to the government to expedite the Animal Welfare Bill which was drawn up years ago but is now probably being eaten by moths.

At the well attended conference, the main speaker was one of Sri Lanka’s most highly qualified and people friendly nutritionist Dr. Damayanthi Perera who spoke on the topic of  Perils of Meat and Milk and the Power of Plant Foods”. According to the nutritionist, for many decades western medical and nutrition authorities have been promoting foods of animal origin such as meat and milk as healthy food. But now many informed western consumers are turning to vegetarianism.

The nutritionist says the modern, western food and agriculture system is killing or maiming the global consumers and polluting the environment. Therefore the people need to have a deeper insight into the complex, interconnected issues between food, nutrition, agriculture, environment, food related economic policies and premature death.

We have been told that animal origin foods are superior to foods of plant origin. However, the latest scientific research and epidemiological data tell another story. Conventional nutrition doctrines have changed inside-out and upside-down.

Dr. Perera says if we are ready to give up meat, it could be not only a game changer but also a life saver.Vegetarianism and veganism are part of a growing revolution. Most western consumers have belatedly realised they have been hoodwinked by the food industry, policy makers and the professional associations. Millions of western consumers are therefore turning to vegetarian or vegan diets and are seeking organic food.

According to Dr. Perera, food, nutrition, agriculture and food based economic policies are inter-connected subjects and have a strong bearing on public health, life expectancy, healthy aging and the environment – in essence the entire eco-system. Every citizen has a fundamental right to receive the correct information about food, agriculture, free trade and health and also a voice in national policy planning.

The reputed nutritionist says there is an epidemic of non-communicable diseases (NCDs) globally and locally. There is a major increase in cancer across all age groups. Aetiology of cancer is multi-factorial and the diet and environment play a major role. It has been known for some time that there is a link between cancer and processed meat, barbecued meat and red meat. Shockingly, scientific research shows that a certain type of fresh, white meat, widely promoted as a healthy and a nutritious food by medical and nutrition authorities and professionals, is also associated with some types of deadly cancers.

Dr. Perera appeals to the people to be informed consumers. All is not doom and gloom. On the bright side, people can learn about the health benefits of plant foods and phyto-chemicals.  Available data demonstrate that the western food, nutrition and agriculture models have failed to serve humanity and the world needs a ‘Paradigm Change’. It is time to formulate eco-friendly people and nature friendly, truly sustainable, truly national food, nutrition and agriculture policies.

According to her, truth is a powerful policy tool. Truth is a highly effective, economical and ethical policy tool.However, the truth about harmful meat and meat products, milk and milk products, ultra-processed food products, GM food — for instance GM salmon and fish berries — agro-chemicals, unnecessary and unhealthy medicinal drugs are suppressed or distorted due to vested interests. In a market based economy, knowledge is the key to survival.

http://www.dailymirror.lk/article/Power-of-Plant-Foods-139244.html

Help to Safeguard the Unity, Sovereignty, Territorial Integrity and Buddhist Heritage of Sri Lanka

October 27th, 2017

Mahinda Gunasekera

A new Constitution has been drafted and is being presented in parliament on October 30, 2017 for three days of debate and adoption which would lead to the formation of a federal state, and even the ultimate break-up of the country as sought by the Tamil separatists at an early date in the near future.

The present Sri Lankan government came to power with a mandate to abolish the Executive Presidency and reform the electoral system, but had no mandate to introduce a new constitution or change the structure of governance from a unitary to a federal state. This is an attempt to satisfy Clause 16 of the UNHRC Resolution proposed by the US and UK which was co-sponsored by Sri Lanka in Geneva on October 1, 2015, which calls on the government to devolve power to the peripheral units based on the controversial 13th Amemdment imposed on us by India in 1987.

There has been a lack of transparency in the constitution making process with little information available to the public from the Consultative Committee headed by NGO representatives and the Parliamentary Steering Committee headed by TNA, MP M.A. Sumanthiran and Jayampathy Wickramaratne, MP, a known federalist.

360 with Manohara De Silva ( 09-10-2017 )

The draft is vague and elusive, with mere mention of a National List which will protect the sovereignty and territorial integrity without providing an itemized list of subjects to be administered by the Centre. It sets up a new Constitutional Court not envisaged by 13A, outside the purview of the Supreme Court, for arbitrating disputes between the Centre and Provinces. The rulings of the Constitutional Court shall be conclusive and final. Three tiers of government, namely, Central Government, Province and Local Authorities are identified, with the local authorities being brought almost entirely under the Province. The Concurrent List of subjects shared by the Centre and Provinces has been scrapped, and the Centre will not have authority to override statutes passed by Provinces on matters in the Provincial List. It advocates the abolition of the Executive Presidency and the election of the President by Parliament. This undermines the authority of the President to intervene promptly on issues affecting the sovereignty and territorial integrity as his decisions are subject to Parliamentary approval and judicial review.

The Northern and Eastern Provinces are to form a single Provincial Council even though the Supreme Court demerged the temporary merger as unconstitutional, illegal and invalid in October 2006. The Governor of the Province has been reduced to a nominal status thereby reducing the authority held by the Center.  Land required for national projects has to be sought from the Provincial authorities, and any disputes will be reviewed by a National Land Commission with equal representation of the Centre and Provinces, with appeals to be decided on by the Constitutional Courts. Development projects could be delayed due to prolonged arbitration/litigation.

Pathikada 12.10.2017

http://www.col3hd.net/pathikada-12-10-2017/115899

 

The words being used in the proposed constitution to describe the structure of governance is totally deceitful, as the very word ‘unitary’ has been deleted from the English version, and therein substituted with the Sinhala and Tamil words ‘Aekiya/Orumiththa Nadu’, which is redundant, especially as the English word ‘unitary’ has a well defined meaning, understood and accepted by the public. Aekiya is a Sinhala word coined to mean unitary, whereas the new Tamil word ‘Orumiththa Nadu’ means ‘joined together’ or ‘united’ and not the same as ‘unitary’ earlier represented by the Tamil word ‘ottriachchi’ as  contained in the national constitution since 1972. This is a fraudulent attempt to cheat the public by making the Sinhalese think there is no change, while at the same time it is a foolish move to try and please the Tamils who seek a federal structure as an interim measure prior to separation.

The wording contained in the proposed constitution does not confer the same recognition given to Buddhism as bestowed in the previous national constitutions per Chapter II, Article 9, which allows the foremost place and at the same time enjoins the state to protect and foster the Buddha Sasana, despite such assurances given by both the President and Prime Minister. Buddhism has held the foremost place for over 2,300 years while accommodating all other religious beliefs and practices that arrived later. Since the acceptance of the Buddhist Teachings by King Devanampiyatissa and his subjects and establishment of the Buddha Sasana, the sublime philosophy which highlighted mental development and inner peace, heralded a unique civilization that gave an impetus to advancements in the arts, architecture, hydraulic system to harness water, social customs and values, that has enriched the lives of the island’s people. Even today, with over 70 percent of the population being adherents of Buddhism, the constitution grants all citizens the freedom to adopt, practice in private or in public, and teach any religion of their choice per Articles 10 and 14(1)(e). The leader of the Tamil National Alliance who is also the leader of the opposition and the Cardinal heading the Catholic Church have publicly stated that they have no objection to the retention of these Articles allowing the foremost place to Buddhism as already granted. Contrary to assurances by the head of state, the responsibility entrusted to the state to protect and foster Buddhism has been watered down by removing the word state, and instead providing that ‘Sri Lanka’ would ‘protect and foster Buddhism’, thereby making it vague by not fixing responsibility.

There is a serious threat to the unitary status, territorial integrity and Buddhist heritage of our motherland which would be drastically changed if the draft constitution is adopted with the required 2/3rd majority in parliament, which is aimed at pleasing the TNA and the rump of the LTTE resident overseas who seek a federal system, and the major western powers who seek to downgrade the Buddhist influence and create divisions among the resident population that would lead to a break-up of the island nation. We need to support the NATIONAL JOINT COMMITTEE (NJC) headed by Dr. Anula Wijesundera and Lt. Col. Anil Amarasekera, with Manohara de Silva, PC, Dr. Hema Goonatilake, Dr. T.L. Gunaruwan, Rear Admiral Sarath Weerasekera, Gamini Gunawardena former DIG, Dr. Ranjini Ratnapala and others taking the lead to campaign against this unwanted constitution.

You could direct your contribution to Mrs. Badra de Zoysa at ………. Huntingwood Drive, Scarborough, ON ……………. to be remitted to the NJC’s bank account number 0040 6000 0757 in the Narahenpita Branch of the Sampath Bank for educating the public and taking up a court challenge if necessary. Your kind cooperation and prompt contribution to safeguarding our motherland will be greatly appreciated.

Sincerely,  

රනිල් නීතිපති එක්ක 225 ම සහ රටම අන්දපු හැටි

October 27th, 2017

SL VLOG

https://youtu.be/ny6v0iqvGFY

රට යන අත – ‘ඔරුමිත්ත නාඩු’ කරළියට

October 27th, 2017

ජනිත සෙනෙවිරත්න උපුටා ගැන්ම දිවයින

යෝජිත නව ආණ්‌ඩුක්‍රම ව්‍යවස්‌ථාව, සයිටම් අර්බුදය , මහා බැංකු බැඳුම්කර වංචාව, ජීවන වියදම, වැඩවර්ජන හා උද්ඝෝෂණ ආදී ප්‍රශ්න නිසා දිගින් දිගටම රට තුළ නොසන්සුන්තාව පැතිර යද්දි මේ ප්‍රශ්න එකිනෙක විසඳා ගන්නවා වෙනුවට ආණ්‌ඩුවේ ඇතැම් ඇමතිවරු දැඩි මුරණ්‌ඩු ස්‌ථාවරයක සිටීම ආණ්‌ඩුවේ පැවැත්මට අහිතකර ලෙස බලපාන බව පෙනේ. මේ මුරණ්‌ඩු ඇමතිවරුන් දෙතුන්දෙනකු නිසා සමස්‌ත ආණ්‌ඩුවේ පැවැත්ම අනතුරේ පවතින බව ආණ්‌ඩුව මතකයේ තබාගත යුතුව තිබේ. විශේෂයෙන්ම මැතිවරණ කීපයක්‌ ඉදිරියේ තබාගෙන ඇතැම් ඇමතිවරු හැසිරෙන අන්දම පුදුම සහගතය.

විශේෂයෙන්ම මේ වන විට යෝජිත නව ආණ්‌ඩුක්‍රම ව්‍යවස්‌ථා කෙටුම්පතට මහාසංඝරත්නය ඇතුළු රටේ දසදෙසින් විරෝධය එල්ලවී තිබේ. පවතින ආණ්‌ඩුක්‍රම ව්‍යවස්‌ථාව වෙනස්‌ නොකරන ලෙස මේ වනවිට මල්වතු – අස්‌ගිරි සංඝ සභාවන් ඇතුළු අනෙකුත් නිකායන් දැඩි ලෙස ආණ්‌ඩුවට දැනුම් දී තිබේ. රටේ ජනතාව තුළිsන්ද නව ව්‍යවස්‌ථා කෙටුම්පතට ඇත්තේ දැඩි විරෝධයකි. එසේ තිබියදී ජාතියේ මුර දේවතාවුන් වහන්සේලා වන මහා සංඝරත්නයට කන්නොදී ආණ්‌ඩුවේ ඇමතිවරුන් හා එන්ජීඕ ඒජන්තයන් ලවා මහා සංඝරත්නයට අපහාස කරමින් රටේ ජනතා කැමැත්තට කන්නොදී ආණ්‌ඩුව නව ව්‍යවස්‌ථාවක්‌ ගෙන එන්නට උත්සහ දරයි. මේ නිසා රටට අනවශ්‍ය ව්‍යවස්‌ථාවක්‌ මේ තරම් විරෝධතා මැද ගෙන එන්නට උත්සාහ දරන්නේ කවුරුන් සතුටු කරන්නට දැයි අප තුළ ඇත්තේ දැඩි සැකයකි.

ආණ්‌ඩුක්‍රම ව්‍යවස්‌ථාවක්‌ යනු කිසියම් රටක පාලන ක්‍රමය හා සම්බන්ධ වූ ආයතන එනම් ව්‍යවස්‌ථාදායක, විධායක, අධිකරණ යන ආයතනවල සැකැස්‌ම, කාර්යයන්, බලතල ක්‍රියාකාරිත්වය එකිනෙක ආයතන හා එම ආයතනත්, පුරවැසියන් අතරත් පවතින සබඳතාවයන්, පුරවැසියන්ගේ මූලික අයිතිවාසිකම් හා ආණ්‌ඩුක්‍රම ව්‍යවස්‌ථා සංශෝධන පිළිවෙත් පිළිබඳවත් වූ මූලික නීති මාලාවක්‌ ලෙස හැඳින්විය හැකි ය. ඒ අනුව ආණ්‌ඩු ක්‍රම ව්‍යවස්‌ථාවක්‌ රටේ මූලික නීතිය වන අතර එය රටේ සාමාන්‍ය නීතියට ද ඉහළින් පවතින ශේ්‍රෂ්ඨ නීතිය ලෙස හැඳින් වේ. එම නිසා එය නිර්මාණය විය යුත්තේ සමස්‌ත ජනතා අවශ්‍යතාවයන් හා කැමැත්ත මත පදනම් කරගෙනය. එම නිසා රටේ බහුතර ජනතාවට හොරෙන් එන්ජීඕ නඩයකට රටේ ජනතාවගේ අනාගතය තීරණය කරන්නට ඉඩදිය නොහැක.

කිසිදු ලෙසකින් අලුත් ව්‍යවස්‌ථාවක්‌ මේ මොහොතේ රටට උවමනා නැති බවත් ඊට වඩා විසඳිය යුතු ප්‍ර්‍රශ්න අද රටේ ඇති බවත් කෝට්‌ටේ ශ්‍රී කල්‍යාණි සාමග්‍රී සංඝ සභාව තීරණය කර ඇත.

එම පාර්ශවයේ අනු නායක බෙල්ලන්විල විමලරතන හිමියෝ සඳහන් කරන්නේ සංඝ සභාව විසින් ගත් මෙම තීරණය ඒකමතික තීරණයක්‌ බවය.

දැනට ඉදිරිපත් වී ඇත්තේ කෙටුම්පතක්‌වත් හෝ පනතක්‌ නොවන බව දන්නා නමුත් ඉදිරිපත් වී ඇති යෝජනා මාලාව මත පිහිටා ඉදිරි කටයුතු සිදුවීමට ඉඩ ඇති බවත්, මෙම යෝජනා කෙටුම්පතක්‌ හෝ පනතක්‌ වීමට පෙර තම අදහස්‌ පළ කරනු ලැබුවේ ඒවා සලකා බැලීමට යයිද උන් වහන්සේ පවසති. මේ මොහොතේ නව ව්‍යවස්‌ථාවක්‌ ගෙන ඒම කාලෝචිත නැති බවද උන් වහන්සේ සදහන් කළහ.

නව ව්‍යවස්‌ථාවක්‌ ගෙන ඒමට මේ මොහොතේ කිසිදු උවමනාවක්‌ නැති බව ශ්‍රී්‍රS ලංකා අමරපුර ධම්මරක්‌ත මහා නිකාය වෙනුවෙන් ත්‍රිකුණාමලයේ ආනන්ද නාහිමියෝ පවසති.

මේ අතර ආණ්‌ඩුක්‍රම ව්‍යවස්‌ථා සම්පාදන මණ්‌ඩලය විසින් ඉදිරිපත් කර ඇති අතුරු වාර්තාවට සම්පූර්ණයෙන් විරෝධය පළ කරන බව එක්‌සත් ජාතික පක්‌ෂ ජාතික ලැයිස්‌තු පාර්ලිමේන්තු මන්ත්‍රී්‍රS පූජ්‍ය අතුරලියේ රතන හිමියෝ පවසති.

උන්වහන්සේ පෙන්වා දෙන්නේ ඉදිරිපත් කර ඇති යෝජනාවලිය මගින් ජාතික සමගිය සහ සංහිඳියාවට යැමට තිබූ ඉඩකඩ සම්පූර්ණයෙන්ම අහුරා දමනු ඇති බවයි.

මේ සදහා වන ඡන්ද විමසීමේදී තමන් වහන්සේගේ ඡන්දය ඊට විරුද්ධව ප්‍රකාශ කරන බවද මෙම විසංවාදී ලියවිල්ලක්‌ හේතුවෙන් රට සම්පූර්ණයෙන්ම අවුල් ජාලයක්‌ වනු ඇතැයිද පැවසූ රතන හිමියෝ අදාළ යෝජනාවලිය සැකසීම සදහා කිසිවෙකුගෙන් අදහස්‌ විමසා නැති බවටද චෝදනා කළහ.

මේ අතර මෙරට අතිශය ප්‍රබල වෘත්තීය හා සිවිල් සංවිධානයක්‌ වන ශ්‍රීලංකා නීතීඥ සංගමය ද නව ආණ්‌ඩු ක්‍රම ව්‍යවස්‌ථාව සම්බන්ධයෙන් දැඩි මතයක සිටී.

ආණ්‌ඩුක්‍රම ව්‍යවස්‌ථාව සංශෝධනය කිරීමට යන වගන්තීන් වලින් ඒකීය රාජ්‍ය, ව්‍යqහය, පෙඩරල් ව්‍යqහයක්‌ දක්‌වා පරිවර්තනයකට ලක්‌ වන්නේද යන්න පැහැදිලි කරන්නැයි ඉල්ලමින් ශ්‍රී ලංකා නීතීඥ සංගමය රජයට ප්‍රශ්නාවලියක්‌ යොමු කොට ඇත.

නව ව්‍යවස්‌ථාවක අවශ්‍යතාවය, නව ව්‍යවස්‌ථාව මගින් ශ්‍රී ලංකාව තවදුරටත් ඒකීය රාජ්‍යයක්‌ වන්නේද? එසේ නම්, ඒකීය රාජ්‍යය යන සංකල්පය , පළාත් වලට කුමන බලතල පවරන්නේද? මධ්‍යම රජයට හෝ පාර්ලිමේන්තුවට අවශ්‍ය නම් එම බලතල ආපසු ලබා ගැනීමට හැකියාවක්‌ තිබෙන්නේද? ඒ කුමනාකාරයෙන්ද?, යම් සුදුසු තත්ත්වයන් යටතේදී ජනාධිපතිවරයාට තම බලය සෘජුව පළාත් තුළ ක්‍රියාත්මක කිරීමට හැකියාවක්‌ ඇද්ද විධායක ජනාධිපති ධුරය අහෝසි කරන්නේද? අධිකරණ ව්‍යqහය කුමක්‌ද? ව්‍යවස්‌ථාවක අධිකරණයක්‌ තිබේද? එසේ නම්, අධිකරණ සඳහා විනිසුරුවරුන් පත් කරන ආකාරය කෙසේද ?, ශේ්‍රෂ්ඨාධිකරණයට හා අභියාචනාධිකරණයට විනිසුරුවරුන් පත් කරන්නේ කෙසේද? එම පත් කිරීම් සඳහා ක්‍රමවේදය, ශේ්‍රෂ්ඨාධිකරණයේ විනිසුරුවරුන් ඉවත් කරන ආකාරය, දිවයින පුරා ඇති දිසා අධිකරණ හා මහෙස්‌ත්‍රාත් අධිකරණවල විනිසුරුවරුන් පත් කරන්නේ, ඔවුන් ස්‌ථාන මාරු කිරීම් හා විනය පියවර ගනු ලැබීම අධිකරණ සේවා කොමිසමෙන් පමණක්‌ සිදු කරනු ලබන්නේද? යන්න, ආණ්‌ඩු ක්‍රම ව්‍යවස්‌ථාවෙන් බලාත්මක කළ හැකි මූලික අයිතිවාසිකම් මොනවාද, එම මූලික අයිතිවාසිකම් බලාත්මක කරන්නේ කුමන අධිකරණ වලින්ද, ආණ්‌ඩුක්‍රම ව්‍යවස්‌ථාවට අනනුකූල පනත් සීමාසහිත කාලයක්‌ තුළ විමර්ශනය කිරීමේ බලය අධිකරණයන්ට ලැබේද යන්න එම ප්‍රශ්නාවලියට අයත්ය.

අලුත් ව්‍යවස්‌ථාව වෙනුවෙන් ආණ්‌ඩුක්‍රම ව්‍යවස්‌ථා මණ්‌ඩලයේ මෙහෙයුම් කමිටුව විසින් සකස්‌ කළ අතුරු වාර්තාවේ දෙමළ පිටපතේ සඳහන් පරිදි ශ්‍රී ලංකාව ඒකීය රාජ්‍යයක්‌ ලෙස පිළිගැනීම බැහැර කොට ඇතැයි ශ්‍රී ලංකා නීතිඥ සංගමය පවසයි. එහී ඒකිය යන අරුත් ගැන්වෙන වචනයට යොදා ඇති දෙමළ වචනයෙන් අරුත් ගැන්වෙන්නේ “ඔරුමිත්ත නාඩු” යනු ප්‍රාන්ත කිහිපයකින් සැදුම්ලත් රාජ්‍යයක්‌ බවද ශ්‍රී ලංකා නීතිඥ සංගමය කියා සිටී.

“ඔරුමිත්ත නාඩු” යන වචනය යොදමින් සිදුකර ඇති මෙම කමිටු වාර්තාව ඉතාමත්ම බරපතළ තත්ත්වයක්‌ බැවින් වහාම රජයෙන් ඒ සම්බන්ධයෙන් පැහැදිලි කිරීමක්‌ ලබාගැනීමට නීතිඥ සංගමය බලාපොරොත්තු වේ.

රටේ ආර්ථික තත්ත්වය එන්න එන්නම අයහපත්ය. මේ නිසා රටේ ජනතාව දැඩි අපහසුතාවන්ට මුහුණ දෙමින් සිටිති. අත්‍යවශ්‍ය භාණ්‌ඩ සඳහා මිල පාලනයක්‌ අවශ්‍යම මොහොතක රජය ඒ සම්බන්ධයෙන් නිසි අවධානයක්‌ යොමු කරනු නොපෙනේ.

ජීවන වියදම සම්බන්ධයෙන් ආණ්‌ඩුව වැඩි අවධානයක්‌ යොමු නොකරන නිසා එම ප්‍රශ්නය විසඳන්නටද ජනාධිපති මෛත්‍රීපාල සිරිසේන මහතාට සිදුව තිබේ. ඒ සම්බන්ධයෙන් වගකිවයුතු පාර්ශ්ව ගෙන්වා කරුණු විමසා ඇති ජනාධිපතිවරයා වහාම ජීවන වියදම අඩුකරන්නට කටයුතු කරන ලෙස උපදෙස්‌දී තිබේ.

මේ අතර පාතාලයට සම්බන්ධ බවට හෙළිවුණු එජාප පළාත් සභා මන්ත්‍රීවරයට එරෙහිව විනය පියවර ගන්නට එජාප නායකත්වය තීරණය කර තිබේ. මෙය ඉතාම හොඳ ප්‍රවණතාවයකි. මේ ආකාරයටම මහා සංඝරත්නයට හා අධිකරණයට අපහාස කළ එජාප ප්‍රබලයන්ට එරෙහිව විනය පියවර ගැනීමට එම පක්‌ෂය කටයුතු කළ යුතුය.

දේශීය නිෂ්පාදකයන් හා ව්‍යාපාරිකයන් රැක ගන්නට ආණ්‌ඩුව වහාම යම් යම් තීරණ ගත යුතුව තිබේ. විවිධ බදු සහන යටතේ මෙරටට එන විදේශීය ව්‍යාපාරිකයන් විසින් මෙරට වෙළෙඳපොළ ආක්‍රමණය කිරීම වැළක්‌වීමට ආණ්‌ඩුව වහාම පියවර ගත යුතුව තිබේ. අපේ රටේ දේශීය ව්‍යාපාරිකයෝ ශ්‍රී ලාංකිකයන් දහස්‌ ගණනකට රැකියා ලබාදී තිබේ. යම්ලෙසකින් මේ ව්‍යාපාර කඩා වැටුණහොත් මේ පිරිස්‌වලට රැකියා අහිමි වේ. එම නිසා කිසියම් හෝ වෙළෙඳ ගිවිසුම් ඇතිකර ගන්නට පෙර මෙරට ව්‍යාපාර ගැන රජය සිතා බැලිය යුතුය.

 

The federalization plot: The proof

October 27th, 2017

Courtesy The Island


“Ranil used the term asymmetrical federalism, which is federalism [but] with more powers given to the Tamil Northeast…” (Solheim, in To End a Civil War,Salter, p96)
“…the only viable solution was…a federal constitution…” 
(Chandrika Bandaranaike Kumaratunga, SJV Chelvanayakam memorial lecture, April 2015)
“…Which makes it clear that it is a federal state, but without the label”.
(Jayampathy Wickremaratne, Salter, Ibid p 59)

 

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When the Sri Lankan Government keeps saying that the proposed Constitution will be unitary in character, why should we suspect and mistrust it? One reason is simple. Recall the phrase “would you buy a used car from this man?” Well, would you buy a new Constitution from the same folk who defrauded the entire country by pulling the Central Bank bond scam?

The less flippant answer is that extreme suspicion and vigilance is needed over the likelihood, nay, probability, of Sri Lanka’s unitary status being constitutionally scammed because two of the three leading figures of the Sri Lankan government today are on the record proposing non-unitary, federal systems.

I hope I will be pardoned by readers for commencing the presentation of evidence of a federalist Constitutional bond scam by recycling something I surfaced in recent articles. I have already identified the mother of the new federalizing Constitution, namely, ex-president Chandrika Bandaranaike Kumaratunga who as far back as 1994 is quoted as having said:

“…The present provincial council system is useless…The word ‘federal’ has been abused in the past. Therefore we will avoid that word and implement devolution in a meaningful manner. The country can be divided into five units of devolution, and wide powers can be granted to them. It will be possible to find a solution to the ethnic problem by bringing the North and the Tamil areas of the East under one unit and giving it the necessary powers”. ’ (Tamil Times, 15 July 1994)

But as we shall see in a moment, this turns out to be only the tip of the iceberg.

The “present provincial council system” which she described as “useless”, was precisely the one that her late husband welcomed, defended and lost his life defending. In fact that “useless” system of provincial councils was almost exactly the one that Vijaya Kumaratunga and the Left, including Dr. Colvin R de Silva and Pieter Keuneman, had designed in considerable detail (the printed text was over 40 pages), over several weeks of deliberation, and had been agreed upon by President Jayewardene in mid-1986 at the Political Parties Conference (PPC), which itself had been convened upon a written request made by Vijaya to that President. Certainly Chandrika’s fealty to the policies of her late husband was far less than Madam Sirimavo Bandaranaike’s fealty to the policies of her late husband, which she would constantly invoke.

Two decades later, as the Yahapalana government came into office, she reiterated her commitment to federalism in her SJV Chelvanayakam memorial lecture in 2015 and confirmed that her efforts at constitution making as President in the 1990s were of an explicitly and decidedly federal character:

“Hence we adopted a strategy of honest, public discourse to inform the people that the only viable solution was to choose the path of dialogue, negotiations and peace achieved by means of a federal constitution and by building a cohesive Nation and an inclusive State.”

(https://www.colombotelegraph.com/index.php/winning-the-war-is-not-establishing-peace-full-text-of-chandrika-kumaratungas-sjv-chelvanayakam-memorial-lecture/)

By regarding federalism as “the only viable solution” and seeking to implement it, Chandrika not only avoids the question of why her late father SWRD Bandaranaike did not acceded to SJV Chelvanakayam’s federal demand and opted instead for devolution/autonomy within the unitary Soulbury framework, but also why her mother Sirimavo Bandaranaike regarded federalism as a deadly danger to the nation.

While we have established beyond reasonable doubt the federalist commitment of ex-President Kumaratunga and therefore the fact that she is the Mother of Federalization in Sri Lanka, we now have to conduct the paternity test to establish who the Father of Federalization is.

The DNA test leaves no ambiguity about paternity. The evidence comes not from a hostile Sinhala xenophobe but from friendly Western sources. Mark Salter, formerly of the BBC, wrote a large, well-researched volume on the Norwegian peace effort in Sri Lanka entitled ‘To End a Civil War: Norway’s Peace Engagement in Sri Lanka’ published by the prestigious Hurst, London. The book was quite sympathetic to the Norwegians and the west in general. In it he quotes ErikSolheim pretty conclusively on federalism, and what is worse, an ethnically lopsided model of federalism:

“Ranil used the term asymmetrical federalism, which is federalism [but] with more powers given to the Tamil Northeast. At this point such a solution would have been acceptable to nearly all Tamils and a vast majority of Sinhalese as well. Then there could have been a referendum: police, land, and other such powers would be given over. And Prabhakaran could have been the Prime Minister of that area.” (Salter, p 96)

Salter’s quote from Jayampathy Wickremaratne, described as “current advisor to the Ministry of Constitutional Affairs”, clearly gives the lie to his current, publicly stated position that the intention is to retain the unitary character of the state and that there is no covert federalist purpose at work:

“In 1999 we had a strategy workshop and thought we should propose something different: ‘Sri Lanka shall be one’…An independent state consisting of institutions of the centre and the regions, who shall exercise power in accordance with the constitution. Which makes it clear that it is a federal state, but without the label”. (Salter, p 59)

To conclude, one must raise and confront the question as to why the Prime Minister would advocate federalism and such a biased form of federalism too. The answer that Solheim reveals in Salter’s book is disturbing indeed and reveals an anti-Sinhala racism:

“Moreover Helgesen came away with the impression that Wickremesinghe’s basic agenda was to ‘let the Tamils have whatever is needed, short of independence’…Wickremesinghe’s essential agenda was ‘…liberalise, privatise’. And in this context, Solheim recalls, the fact that he [Wickremesinghe] and Helgesen were conservatives ‘definitely helped’.” (Salter p78)

“Further he [Solheim] suggests that ‘Ranil took the view that the Tamils are generally more successful, that the Sinhalese should learn from the Tamils, [and that way] Sri Lanka would develop better. Economic prosperity was his agenda.’ ” (Salter p 96)

So, Prime Minister Wickremesinghe’s vision of “economic prosperity” is revealed as one that isn’t about building a strong nation or state. His ethnic and economic perspectives are two sides of the same coin, or more accurately, his is an ethno-economic perspective, biased towards one and against the other ethnic community.

Warnings of the Cost of Crooked Politics

October 27th, 2017

By Lucien Rajakarunanayake Courtesy The Island

Rising cost of living would make it difficult to face elections – President

Does the government really want to face elections?

The record of the past two years would show the government is, in fact, running away from elections, than wanting to face and contest them. This is true of both Local Government and Provincial Council polls. We will certainly have to wait and see if it wants to face another Presidential Poll and, more importantly, the next General Election.

A Presidential Poll, may not be needed if the Executive Presidency is abolished; but the General Election – could there be new legislation to delay it by some devious and errant means, as we saw happen for the Provincial Council polls? Will there be a new category of voters with rights to parliamentary representation? Why not have representatives of Sri Lankans living abroad elected? I’m sure the Poll Delay Minister Faiszer Musthapha will have a package ready for it.

Because the President’s worry was about the Cost of Living, let’s look at the Costs of Government that have contributed to rising living costs, in case the Yahapalanaya President does not know of these.

How much have political vehicles – luxury cars for MPs, Ministers, and senior officials, contributed to the budget deficit – that lead to the cost of living? The many millions in foreign exchange are not readily counted. They are brought for MPs and Ministers to serve their voters – to win the next poll; is that true?

Attached to this import of luxury travel, is the cost of the duty waiver on these vehicles, not just once in a term of government, but many times over, with the politicians and other official beneficiaries, raking millions through the sale of Duty Free permits. This is certainly a cost of corruption that will be in the minds of future voters at any election.

How much does each voter have to pay to maintain the MPs who will seek re-election, or their parties – through the Rs. 100,000 provided each month to 225 MPs to manage the political offices in their electoral districts? Did the public ever call for such a parliamentary bribe to its honourable members? Very costly, indeed!

How much do the house and office costs of MP and Ministers add to the cost of living that has to be borne by the voter? Does the President not know how much of this staggering cost, is for the long unoccupied Ministry of Agriculture – headed by the General Secretary of the SLFP? That is hardly the stuff of election-winning politics.

Talking of what is so common today – the cost of Bond Scams. How much would the Treasury Bond Scams have added to the Cost of Living? We are not talking about the cost of the Presidential Commission of Inquiry; the people would readily meet such costs. But the massive crooked activity that has been exposed – by Treasury bond dealers and also the manipulators in the Central Bank, Finance Ministry, several State Banks and the Employees’ Provident Fund. Surely this staggering amount – many billions of rupees, about which the Prime Minister of Yahapalanaya, too, must have much to explain– would also contribute to the Cost of Living that is beginning to frighten the President.

The President’s concerns about the Cost of Living posing a threat to the next election – obviously to those who hold the reins of power has much of political reality today. But there are bigger concerns that could very well shake up whatever confidence the people had in electing this Yahapalanaya Team, which has now turned out to be a team for their own crooked power, and not the service of the people.

While the rising Cost of Living will hang in the rear, there are bigger issues much more in focus that will affect any and every coming poll – whenever they are held. These include how much has been achieved in the promised fight against corruption in government – the theme of the Yahapalanaya Campaign, and the pledge of the Common Candidate – the President himself.

How can the people be convinced that a genuine fight against corruption is taking place when many who were suspected of corrupt deals in the past are now in the governmental embrace?

Also, whenever the next election that matters comes along, can the government show that it was genuinely interested in Sri Lanka having a New Constitution, and not the watered down farce that is most likely to be presented to the people: or even worse, no new constitution at all, being frightened by the so-called religious chants against it, as well as the bomb threats and warnings of the killings of those who call for such political change.

Yes, the next election is a poser – not only to the President but to all Sri Lankans.

‘Low and odour’

October 27th, 2017

Editorial Courtesy The Island


Police Spokesman SP Ruwan Gunasekera, on Thursday, vehemently denied recent media reports that there had been political interference with the ongoing CID investigations into a complaint that a person, known to former Minister Ravi Karunanayake, threatened a key witness in the bond scam probe. He claimed the IGP had not come under any political pressure.

Sri Lankans usually don’t believe anything until the government officially denies it! What this country lacks is only a Ministry of Truth in the Orwellian sense. The whole world saw on television last year how the IGP obsequiously gave in to political pressure at a public function; he cringingly promised a ‘minister’, over his mobile phone, that a certain lay custodian of a shrine would not be arrested. That telephone conversation alone is sufficient proof that, in spite of the 2015 change of government, ministers still decide who should be arrested or not.

Police spokesmen are known for their flair for storytelling. Under the Rajapaksa regime a gang of pro-government thugs once operated, carrying poles, alongside the riot police to crush a UNP protest, in full view of the media in Colombo. When the then police spokesman was asked at a media briefing why no action had been taken against those underworld characters, he argued that they could not be considered thugs! Asked why they had been armed with poles, he had the temerity to say they may have tried to ward off stray dogs. Today, the big guns of the previous regime complain of stone-throwing yahapalana thugs operating alongside the riot police! The boot is on the other foot.

However, in fairness to the IGP, let the benefit of the doubt accrue to him anent the recent media reports at issue. Let’s pretend that the Police Spokesman has told us the truth, the whole truth and nothing but the truth. But, the question is why nobody has been arrested for issuing death threats to a witness.

The government is making a song and a dance about a loose-tongued Opposition MP’s recent utterance that a bomb should be dropped on Parliament if the MPs don’t deny the government a two-thirds majority for its new Constitution in the making. The Speaker has seen red and promised action against the MP concerned. Strangely, no action has been taken against the man who threatened to kill a bond probe witness and her family!

Police, more often than not, show their mettle by rounding up lovers in parks and on beaches, bundle them into waiting paddy wagons before taking them to police stations. A drunkard was arrested in Kalutara a few moons ago for urinating in a public place. A woman was recently arrested for stealing three mangoes. A child was once taken into custody and hauled up before courts for stealing a few coconuts to pay her school fees. Another small girl was taken in for walking off with a five rupee coin from her neighbour’s house. But, no arrests have been made in respect of the bond scams which have cost the state and the workers’ superannuation fund billions of rupees and, anyone, connected to the government, is free to threaten those who have the courage to give evidence against them.

The present government consists of many self-righteous politicians, who came to power, vowing to restore the rule of law and rid the country of bribery and corruption. But, they and their henchmen remain ‘more equal’ than the ordinary citizens before the law. The message the public has got from the government is apparently this: ‘Stop stealing mangoes and coins if you want to go scot free. Instead, join the ruling coalition and carry out billion-rupee rackets and threaten, with impunity, anyone who dares give evidence against you.”

Spurious war crime allegations against Sri Lanka

October 27th, 2017

by Lakshman I. Keerthisinghe Courtesy Ceylon Today

On the basis of the evidence available to this Commission and the prevailing law, the suggestion that the crime of genocide was or may have been committed during the final phase of the war is without foundation.-Paranagama Commission

At the ongoing 36th session of the United Nations Human Rights Commission (UNHRC) although there is no agenda item on Sri Lanka, a number of countries have already referred to Sri Lanka’s human rights situation following the strong statement made by High Commissioner Zeid Ra’ad Al Hussein. High Commissioner’s indirect warning during his opening statement on 11 September 2017 to the effect that “the absence of credible action in Sri Lanka to ensure accountability for alleged violations of international human rights law and international humanitarian law makes the exercise of universal jurisdiction even more necessary,” is significant. The High Commissioner also called for a time bound action plan for the implementation of transitional justice process in Sri Lanka.

In the meantime, UN Special Rapporteur Pablo de Greiff, on a two- week visit to Sri Lanka, announced before his visit that he intends to “review the progress made thus far, to identify obstacles and bottlenecks in the implementation of the transitional justice and reform process”. The Sri Lankan Foreign Ministry for its part issued a media release insisting that “Governments are not bound by the advice or recommendations of Special Rapporteurs” and that it was up to the government of Sri Lanka to decide whether it will “draw on his knowledge, expertise and advice and consult him further in any manner.” This statement was an indication that the government will not capitulate before continuing international pressure on alleged human rights violations which are said to have taken place during the last stages of the war against terrorism in Sri Lanka. Although there is an allegation of 40,000 civilians being massacred during this period, there is hardly any credible evidence to substantiate this obviously false allegation. Such a large number of dead bodies have never been found. Even the channel 4 videos fabricated at the instance of the Tamil Diaspora representing the sympathizers of the LTTE hell-bent on taking revenge from the victorious armed forces, fail to produce such evidence.

Paranagama Commission

The 2nd Mandate Report of the Paranagama Commission, whose conclusion stated that allegations of genocide are without foundation as quoted at the outset was compiled with the advice of legal luminaries of international stature. It included a legal Advisory Council made up of Sir Desmond de Silva, QC (UK) as Chairman, with Prof. Sir Geoffrey Nice, QC (UK), and Prof. David M. Crane (USA).

It is of paramount significance that recently Lord Michael Morris Naseby, a British Baron told the British Parliament: “The West, particularly the US and UK, must remove the threat of war crimes and foreign judges that overhangs and overshadows all Sri Lankans, especially their leaders,” Michael Morris, Baron Naseby PC, who started the All-Party Parliamentary Group on Sri Lanka in 1975, expressed these views during a debate on Sri Lanka. The debate focused on what assessment the UK government has made of the progress made by Sri Lanka in meeting the requirements on reconciliation established by the United Nations Human Rights Council.

Lord Naseby further said he hoped that, as a result of the debate, the UK will recognize the truth that no one in the Sri Lankan government ever wanted to kill Tamil civilians. Furthermore, the UK must now get the UN and the UNHCR in Geneva to accept a civilian casualty level of 7,000 to 8,000, not 40,000. On top of that, the UK must recognize that this was a war against terrorism, so the rules of engagement are based on international humanitarian law, not the European Convention on Human Rights,” he said.

Ruthless activist

Lord Naseby stated in his address: “The Tamil youth have been activated by two people in particular. One is Balasingham, a British citizen after Blair’s government gave him that, and the other is a man called Prabhakaran, a single-minded ruthless activist. In 1973 Prabhakaran killed the Mayor of Jaffna, along with six soldiers whose bodies were brought to Colombo. …Fast forward to 18 May 2009. The Tamil Tiger terrorists are defeated in a military solution, and after nearly 30 years of war there is peace across the whole island, as there is today.”

In conclusion, it must be stated that the international community is being misled systematically by the Tamil Diaspora, sympathizers of the barbaric LTTE once known as the world’s most brutal terrorist organization, with their immense financial resources to initiate unwarranted international inquiries. Both President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe have assured the people of Sri Lanka that there will be no foreign judges sitting upon judgment on our armed forces who ensured peace in our motherland.

මහින්ද එලවු කුමන්ත‍්‍රණය ටැමිල්නෙට් වෙබ් අඩවියේ.. ඩයස්පෝරාවේ ඉල්ලීම් 10 ව්‍යවස්ථා අතුරු කමිටු වාර්තාවේ..

October 27th, 2017

 lanka C news

මහින්ද ගේ ආණ්ඩුව පෙරලා දැමීම සඳහා සාකච්ඡාවක්, යුරෝපීය රටවල් දෙකක අනුග්‍රහයෙන්, 2013 වසරේදී සිංගප්පූරුවේදී සිදු වූ බව ටැමිල් නෙට් අඩවියේ වාර්තාවක සදහන්ය.

මීට සහභාගි වී ඇත්තේ මංගල සමරවීර, සුමන්දිරන්, ජයම්පති වික්‍රමරත්න, තමිල්මාරන් (කොළඹ නීති පීඨයේ පීඨාධිපති ) ඇතුළු පිරිසකි.

මහින්ද ආණ්ඩුව පෙරළා දැමීමට මෙහිදී මංගල සමරවීර ඉල්ලා සිටි අතර ඊට කොන්දේසි වශයෙන් දෙමළ බෙදුම්වාදි පාර්ශවය කරුණු දහයක් පාදක කොට ගත් ව්‍යවස්ථා වෙනසක් ඉල්ලා ඇත.

මේ වනවිට පාර්ලිමේන්තුව වෙත ඉදිරිපත් කොට ඇති අතුරු කමිටු වාර්තාවේ ඇත්තේ මේ කාරණා 10 ඒ ආකාරයෙන්ම පාහේ ඇතුලත්ව තිබීම විශේෂය.

එමෙන්ම මෙම සිංගප්පූරු මූලධර්ම එලෙසම මීට පෙර එල් ටි ටි කොටි සංවිධානය විසින් පවත්වාගෙන ගිය දැන් දෙමළ ඩයස්පෝරාව විසින් පවත්වාගෙන ටැමිල් නෙට් වෙබ් අඩවියට පිවිසිමෙන් මේ සියල්ලම ඒ ආකාරයෙන් දැකගත හැකිය.

ටැමිල් නෙට් අඩවියේ මුල් ලිපිය මෙතනින්

https://www.tamilnet.com/art.html?catid=79&artid=37606

Singapore Principles of 2013: Tamil polity taken for ride from Oslo to Singapore

Mr M.A. Sumanthiran, the non-elected national list ITAK parliamentarian and Mr V.T. Thamilmaran, the dean of the Faculty of Law at the University of Colombo were the Tamil representatives from the island while representatives of the so-called Global Tamil Forum (GTF) were representing the Diaspora Tamils at a meeting in Singapore in 2013 when Dr Jayampathy Wickramaratne came with his proposal points to agree upon a conceptual framework aimed at regime change, the removal of Executive Presidency and other arrangements targeting good governance. Dr Jayampathy Wickramaratne was an adviser to Sri Lanka’s past two Presidents.
Mangala Samaraweera came as a ‘beggar’ urging Tamil support for regime change and abolition of the executive presidency. It was 2013,” said one of the participants, reflecting on the Singapore meeting. 

Bill flawed

October 27th, 2017

By Srian De Silva Courtesy The Daily Mirror

Concerns have been expressed about the possibility that in consequence of the Government’s ratification of the Convention on Enforced Disappearances, Sri Lanka would appear to have submitted to the jurisdiction of the International Criminal Court, and is therefore legally bound by the Convention.

Therefore it is vitally necessary to examine and be clear about the point at which Sri Lanka is legally bound by International Conventions it has ratified.

The Bill on the subject of disappearances, which was to be presented to Parliament, is deeply flawed as explained by several writers.

Crucially, Neville Ladduwahetty has earlier clearly and succinctly explained why the Bill was contrary to the provisions of our Constitution, and highlighted those provisions which even contradict each other.

The Bill is an attempt to pass a law which in particular respects is even contrary to the Constitution and therefore would be unenforceable in those respects.

The fact that the President stymied the debate on the Bill in Parliament does not necessarily mean the end of the matter.

Attempts have been made to mislead the public by claiming it is the same as our statute on torture, but the latter is confined to extradition of non-nationals, while the Bill refers to extradition of 

Sri Lankan nationals 

Attempts have been made to mislead the public by claiming that the extradition clause in the Bill on disappearances is not a problem since it is the same as in our statute on torture, when in fact the latter is confined to extradition of non-nationals, while the Bill on disappearance refers to extradition of Sri Lankan nationals to foreign countries.

Obviously there must be a whole body of Sri Lankans who have been identified whose extradition to foreign countries has been already planned if the Bill is passed.

Signing or ratifying a Convention/Multilateral Treaty does not automatically make its provisions part and parcel of our national legal system [known in International Law as municipal law”], so as to create rights and obligations for the State. To explain why this is so, it is necessary to distinguish between two concepts in International Law – the Monist and Dualist systems of law. These concepts have been the subject of considerable discussion and debate for over seventy years among eminent international jurists. Whether Sri Lanka has submitted to international laws in the form of Conventions by only ratifying them, depends on whether Sri Lanka operates the Monist or Dualist system. The very fact that the Government finds it necessary to get Parliament to ‘transform’ international Conventions into our law, is an admission that such transformation into our legal system is necessary through our own legislative process to make such a Convention binding on us, and therefore Sri Lanka operates under a Dualist, and not a Monist, system of law.

Those advocating the Monist Theory have claimed that both national and international law are based on one principle, which has been variously described as ‘right’ or social solidarity or that agreements must be implemented [pacta sunt servanda].

The large majority supports the Dualist theory. While the State may have consented to a Convention by ratifying it, the Dualist theory requires that to be bound by such Convention, a State should have, by whatever means it promulgates laws, incorporated the International Law into its own legal system. There is, of course, nothing to prevent a State providing in its own Constitution for automatic incorporation into its laws by mere ratification.

That would make it a Monist system.

The Dualist Theory is implicitly based on the supremacy of the State. It claims that International and Municipal [national] laws exist as separate systems, and cannot over-rule each other. Liability under International Law, where there is provision for enforcement, can arise when a State which has violated the International Law [such as a Convention] has, in accordance with the doctrine of transformation”, incorporated such law into its own legal system. The position has never been different where Sri Lanka is concerned. It is a matter of prime importance that no so-called developed country has submitted to the Monist theory.

The overall conclusion is that Sri Lanka, operating under the Dualist system, can incur legal obligations under international Conventions ONLY if their provisions have been incorporated into our legal system through the proper procedures.

The conduct of officials of UN Agencies such as of the UNHRC for example, which includes sponsoring palpably false reports and threatening small/defenceless countries to please certain powerful countries, whilst turning a blind eye to their abuses, stands in stark contrast to that of a major UN specialised agency, the International Labour Organisation [The ILO, founded in 1919].

Its impeccable Constitution ensures its governance through its tripartite structure of Governments, employers’ and workers’ organisations, all of which are represented on its Governing Body and participate in its decision-making processes.

This makes it impossible for a few powerful Governments to control its agenda. It has passed 189 Conventions – more than any other body. ILO Conventions become a part of national law not on ratification by States, but by incorporation of their provisions in their national laws.

Unlike individuals in some UN agencies, ILO officials treat members with the utmost respect and in a civilized manner – a culture alien to many of these Human Rights specialists.

What if a Sri Lankan Government finds a way to incorporate foreign laws into our law through a process inconsistent with the law making procedure, even unconstitutional, and by-passing the Supreme Court?

In such an event, it would require the development of a doctrine of nullity [As the law has in other areas] applicable to such law.

Our Constitution debars a challenge of a law passed by Parliament and has received the Speaker’s assent. We need to develop a principle that if a law is passed by means which are surreptitious, a process which denies adequate scrutiny to prevent opposition, uses language in the Bill/Law which signifies different meanings in the three languages – such laws should not be covered by the constitutional bar to challenging it in the Supreme Court after it has received the Speaker’s assent.

Prior to December 1968 Courts in England took the view that a statutory provision that a Minister’s decision on a particular matter shall not be called in question in any court or otherwise, ousted the jurisdiction of the courts to examine and rule on such decision. However, in what came to be a famous decision of the House of Lords in Anisminic Ltd. v. Foreign Compensation Commission [1968 2 AC 147] the Court held that the principle of the exclusion of the Court’s jurisdiction to challenge a Minister’s decision in the earlier mentioned circumstances, did not apply where the Minister acted without jurisdiction [i.e. outside his jurisdiction].

A similar doctrine could be developed to the effect that the Constitutional bar to a challenge of a law after it was enacted would not apply where such enactment was improperly obtained through means earlier referred to.

The Government has resorted to a strategy of introducing amendments at the last moment into Bills which are unrelated to the subject matter of the Bill. In essence, the Government introduced a Bill to increase female representation in the PCs, but subsequently added at the Committee Stage, provisions contained in the proposed 20th Amendment which had failed to find acceptance by the Supreme Court.

These additions were unrelated to the subject matter of the Bill. What should have been done at that stage was for the Bill to have been returned as being inconsistent with proper legislative procedure.
The standard work on the subject, Erskine May’s Parliamentary Practice [17th ed.] refers to types of Bills returned by the Speaker in the House of Commons. Significantly it includes a Bill which has gone beyond its title” [page 248]. The chief characteristics of the Speaker’s Office are authority and impartiality [May, page 247]. He further states: Confidence in the impartiality of the Speaker is an indispensable condition of the successful working of procedure, and many conventions exist….. to ensure the impartiality of the Speaker…..” We thus need to develop a doctrine of nullity or an equivalent in the context of what is happening in the country, or else remove the constitutional bar to challenging a law after it has been enacted and the Speaker’s assent obtained.

Legislative powers are too important for the well-being of people in a country to allow laws improperly enacted to be protected from challenge due to a failure to dispute them prior to the Speaker’s assent. Legislation pushed through by curtailing the right to proper examination of its provisions or through other practices which amount to deception and/or a lack of transparency and/or a fraudulent procedure, is surely not valid law and is therefore a nullity.

If a law is enacted through such means before it can be challenged in Court authorising the Government to seize the assets of any citizen, or even order his/her imprisonment without due process, such would not be a law that would enjoy our Constitutional protection because it must surely be deemed a nullity.

These extreme examples raise questions such as: what is a law, what procedures must be followed for a law to acquire that status, etc.

If the Bill on Disappearances had been passed by Parliament before being challenged in Court, it would not qualify as a valid law due to its conflict with the Constitution, and therefore should be regarded as a nullity.

If it is not a nullity and therefore it cannot be contested in the Supreme Court after the Speaker’s assent, then the implication is that a government can change most of the Constitution by slipping unconstitutional provisions into other Bills. Even a fully fledged dictatorship could be established through the means presently being resorted to. If they are not contested before the Speaker’s assent, such would become law. We would then reach the situation that even non-laws become laws.   All this calls for an appropriate legal fraternity willing to challenge the actions of the Government.


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