CB Governor baffled by private sector’s wait-and-see stance

July 29th, 2017

Dr Sarath Obeysekera

Quote

“I urge the private sector leaders here to ask yourselves these questions. Is the country moving in the right direction in terms of its economic policy making, trade policy framework and foreign investment promotion programme? Do we have the right frameworks for public debt management, sensible public expenditure targets, revenue enhancement, safeguards for Sri Lankan enterprises vis-a-vis free trade agreements, transparent tax regimes, up-front investment allowances in place of tax holidays, lowered costs in cross-border transactions, technology transfer plans, anti-dumping bill etc.? Check out these elements in the comprehensive economic strategy which is underway, and then consider whether you should invest your money here in Sri Lanka or would rather do so in Bangladesh, Trichy or Ethiopia?

Unquote

Learned doctor who talkS much theory has no clue why private sector is not coming forward.Government talks about PPP and an Executive Decision Body is formed in Finance ministry for  PPP implementation has been formed and private sector has no clue where and when they can spend their funds and join the development .

Megapolis wants PPP in many projects,calls offers ,EOI’s and nothing is moving .Say Canal Transport Project where Megapolis wants to have private sector participation and join with SLLRDC and called EOI .Only one party has submitted a proposal .SLLRDC hires Dutch Consultants who have failed to build up the confidence among private sector .It clearly show the confidence private sector has in government policies .

Galle Habour to be converted to a Marina and cabinet approved a PPP using Swiss Challenge and yet nothing happened .Loss making Fishery Corporation wants PPP to develop and none is interested .I wrote about this before .Government Valuer gives exorbitant lease when Private sector wants to join and Director General of Audit Department keeps interfering trying to emulate Yahapalanaya.

I myself got involved in Private sector investment in Galle Harbour to develop Yacht Repair and Building Facility,Investor pulled out after trying three years ,even after signing the agreement .Now we as a Local company want to invest and revive the project ,SLPA wants RFP again and I am sure there will never be a Marina during my life time

No wonder why few investors like Laugh ,Natures Secret ,Aitken Spence wants to venture into Male ,Bangladesh .Burma and Vietnam.

Vietnam is a communist country and yet investment is so easy and people tend to move funds to invest .

We have many doctors in the government who have no clue about investments .

Only proper doctors in Sri Lanka  ( as my wife who is a medical doctor calls me that I am not a proper doctor ) who are in the service go on strikes against privatization ,thus discouraging all the investors who want to start projects.

Dr Sarath Obeysekera

අවුරුදු හතළිහක ශේෂ පත්‍රයෙන් බිඳක්

July 29th, 2017

නලින් ද සිල්වා

විවෘත ආර්ථිකයට අවුරුදු හතළිහයි. රනිල්ගෙ දේශපාලන ජීවිතයටත් අවුරුදු හතළිහයි. මේ කතාකරන්නෙ 1977 ගැනයි. හැත්තෑහතේ මැතිවරණයෙන් එ ජා පක්‍ෂයට හයෙන් පහක් ලැබුණා. ජේ ආර් අගමැති වුණා. රනිල් මන්ත්‍රීවරයෙක් වුණා. රොනී ද මැල් මුදල් ඇමති වුණා. විවෘත ආර්ථිකය රටට හඳුන්වා දුන්නා. ඊට පස්සෙ රට දියුණු වුණා ද? දියුණුව කියන්නෙ මොකක් ද? මහින්දගෙ කාලෙ අධිවේගී මාර්ග ඇතිවුණා. ඒක දියුණුව ද? අප දැන් මධ්‍යම පර්මාණයේ ආර්ථිකයක් කියලා කියනවා. මෙරට වාර්ෂික ඒක පුද්ගල ආදායම ඩොලර් කීයක් ද කියලා කියනවා. මා සංඛ්‍යා ගැන උනන්දුවක් දක්වන්නෙ නැහැ. චම්පකගෙන් අහගන්න පුළුවන් හරියට ම ඩොලර් ගණන කීය ද කියලා. ඒ කොහොම වුණත් අවුරුදු හතළිකට පස්සෙත් මෙරට මිනිසුන්ගෙන් සෑහෙන පිරිසකට වේල් තුන ම කන්න ලැබෙන්නෙ නැහැ. එක වේලක්වත් හරියට කන්න නැති පවුල් කීයක් ඉන්නව ද කියලා දැන ගන්න පඬියකුට සමීක්‍ෂණයක් කරන්න පුළුවන් ද? ඒත් ඒක කරන්න වෙන්නෙ නියැදි තෝරගෙන සංඛ්‍යානය යොදා ගෙන.  මේ සංඛ්‍යානය ගැන යම් ප්‍රශ්න තියෙනවා. ඒ පිළිබඳ ලිපියක් පසුගිය ජූලි 25 වැනි දා සයන්ටිෆික් කමියුනිටි සඟරාවෙ පළ කරලා තිබුණා. ඒ ලිපිය බටහිර වෛද්‍යවරුන්ට වඩාත් උචිතයි. ඒත් ඔවුන්ට ලිපි කියවන්න වෙලාවක් නැහැ. පෞද්ගලික වෙදකම (චැනල්) කකරන්න තියෙනවා.

ට්‍රම්ප්ගෙ රටෙත් හිසට වහළක් නැති අය ඉන්නවා. ඉතින් රනිල්ගෙ රටෙත් හිටිය ම මොකද කියලා පඬියකු අහන්න පුළුවන්. රනිල්ගෙ රට කිව්වම කාට හරි හිතෙන්න පුළුවන් මෛත්‍රිපාලගෙ රට නොවෙයි ද කියලා. මෛත්‍රිපාලට රනිල් නැත්නම් රජරටවත් නැහැ. ඒත් සුමන්තිරන්ගෙත් රට කිව්වට නම් ප්‍රශ්නයක් නැහැ. සුමන්තිරන්ගෙ දේශපාලනයට අවුරුදු කීය ද කියලා කවුරුවත් කියලා නැහැ. රනිල් කියලා තිබුණා දැන් ජාතික ගීය දෙමළෙනුත් ගයනව කියලා. එහෙම නැත්නම් සුමන්තිරන් සහාය දෙන එකක් නැහැ. ජාතික ගිය දෙමළෙන් කියන්නෙ මාමගේ, ඒ කියන්නෙ ජේ ආර්ගෙ ව්‍යවස්ථාවට එකඟව ද? සංහිඳියාව ඇති කරන්න ද? ඉන්දියාවෙ සංහිඳියාව ඇති කරන්න එරට ජාතික ගීය භාෂා කීයකින් ගයන්න ඕන ද?

රනිල් පහුගිය අවුරුදු හතළිහෙ කියලා තියෙන දේවලින් දැනගන්න පුළුවන් ඔහුට රට ගැන තියෙන දැනුම. කාට හරි පුළුවන් ද ඒ වැදගත් ප්‍රකාශ එකතු කරන්න. අවුරුදු හතළිහකට ඉස්සර රනිල් රට ගැන දැනගෙන හිටියෙ මොනවා ද? දැන් දන්නෙ මොනවා ද? රතන හාමුදුරුවන් ටික කාලෙකට ඉස්සර වදාළෙ රනිල්ට ජාතික චින්තනය ගැනත් දැනුමක් තියෙනවා කියලා. එක එක්කෙනා ජාතික චින්තනය කියන්නෙ එක එක දේට නිසා ඒ ගැන ප්‍රශ්නයක් නැහැ. ඒත් රනිල් පස්දුන් රට, ඉරටු තියෙන කොසු ගැන පරාක්‍රමබාහු රජු ගැන කියන කොට රතන හාමුදුරුවන් මතක් වෙනවා.

රනිල් පරාක්‍රමබාහු රජ්ජුරුවන්වත් විවෘත ආර්ථිකයට හවුල් කරගෙන. පරාක්‍රමබාහු රජු වෙළෙඳ පොළ අල්ලගත්ත වගේ කතාවක් රනිල් කියලා තිබුණා. මේ වෙළෙඳ පොළ පූර්ව ධනපති වෙළෙඳ පොළක් ද කියලා රවි කරුණානායක හරි පඬියකු හරි කියනවා ද? පඬියන් නම් නිතර කතාකරන්නෙ පශ්චත් දේ ගැන මිස පූර්ව දේ ගැන නො වෙයි. පරාක්‍රමබාහු රජුගෙ වෙළෙඳ පොළෙන් මාක්ස්ගෙ ධනපති වෙළඳ පොළට වෙන්නෙ මොකක් ද? පරාක්‍රමබාහු රජුගෙ කාලෙත් බැඳුම්කර තිබුණ ද? රනිල් දැන් වෙළඳ පොළ අල්ලගන්න යන්නෙ හම්බන්තොට වරාය චීනුන්ට අවුරුදු අනූනවයකට බදු දිල ද? චීනුන් රටවල් කොල්ල කන්නෙ බටහිරයන් කොල්ල කාපු විධියට නො වෙයි. චීනුන් ඇති කෙළෙ කප්පන් රාජ්‍ය. ඒවා ගැන මාක්ස්වත් ඇඩම් ස්මිත්වත් කියලා නැහැ. එ නිසා මෙරට පඬියන් දන්නෙත් නැහැ. රනිල් ලංකාවත් කප්පන් රාජ්‍යයක් බවට පත් කරනවා.

විවෘත ආර්ථිකය ඇති කරපු දවස්වල රොනී ද මැල් ස්ථිර තැන්පතුවලට 20% ක පොළියක් දුන්නා. පස්සෙ ඒක අඩු වුණා. දැන් ආයෙ වැඩි වෙනවා. ආණ්ඩුවට සල්ලි නැහැ. රවිට නොවෙයි මංගලටවත් සල්ලි හොයන්න බැහැ. සල්ලි හොයන්න රට විකුණන්න ඕන.

හැත්තෑ හතේ ආණ්ඩුව කාලෙ මට මතක විධියට දුම්රිය වර්ජනයක් ඇති වුණ අවස්ථාවක මැරයන් දුම්රිය සේවකයන්ට පහර දුන්නා. මගේ මතකය හැටියට ලලිත් ඇතුළත්මුදලි කිව්වෙ දුම්රිය මගීන් පහර දුන්න කියලා. අද තෙල් සංස්ථාවෙ සේවකයන්ට පහර දෙන්නෙ තෙල් ගහන අය ද තෙල් බෙදන අය ද කියලා පැහැදිලි නැහැ. ජ වි පෙ දැන් තෙල් බෙදලා වැඩක් නැහැ, ආණ්ඩුව පත්කරන්න තෙල් බෙදලා.

ජේ ආර්ගෙ ආණ්ඩුව හා රනිල්ගෙ ආණ්ඩුව අතර සමානකම් බොහොමයි. මාමයි බෑනයි නාට්‍යය අලුතෙන් ලියන්න වෙනවා. ජේ ආර් බලයට පත්වුණෙ ධර්මෂ්ඨ රාජ්‍යයක් ඇති කරන්න. රනිල් යහපාලනය ඇති කරන්න බලයට පත් වුණා. ජේ ආර්ට ධර්මිෂ්ටර් කියලා නමක් පට බැඳුණා. රනිල්ට නමක් දාන්නෙ කවුද? යමපාලක කියන නම හොඳ වැඩි ද? ජේ ආර් වගේ ම රනිලුත් ව්‍යවස්ථාවක් ඇති කරන්න යනවා. ව්‍යවස්ථාව අවුරුදු හතළිහක් තිබුණ ම ඇති කියලා රනිල් හිතනව ද? රනිල් අවුරුදු හතළිහක් හිටිය ම මදි ද?

මිනිසුන් ජේ ආර්ට හයෙන් පහක බලයක් දුන්නෙ මැතිණිගෙ ආණ්ඩුවෙ ආර්ථික ප්‍රතිපත්ති ගැන කළකිරවලා. ඒ ආර්ථිකය සංවෘත ආර්ථිකයක් කියලා හැඳීන්නුව. ඒ කාලෙ  පාන් පෝලිමෙ ඉන්න වුණා. එය බොරු සමාජවාදය නිසා වුණු එකක්. ඒත් මිනිසුන් වගා කරන්න පුරුදු වුණා. සිංහල මිනිසුන් ඉන් ඉවත් කරන්න එ ජා ප කටයුතු කළා. ඇතුළත්මුදලි පස්සෙ කාලෙක දි කිවුවෙ හාල් පිටරටින් ලාබෙට ගේන පුළුවන් නම් මෙරට වී වගා කරන්නෙ මොකට ද කියලා. විවෘත ආර්ථිකෙන් මිනිසුන් නිෂ්පාදනයෙන් අයින් කෙරුණා. අද මඩ සෝදා ගත් ගොවියන් සික්‍යුරිටි වැඩ කරනවා, නැත්නම් ත්‍රිරෝද පදවනවා, ඒත් නැත්නම් මුකුත් නොකර ගෑණුන්ගෙ සල්ලිවලින් කසිප්පු බොනවා.

රනිල් බලයට පත්වුණෙ මහින්ද හොරා කියලා. මහින්දගෙ කාලෙ හොරකම් තිබුණෙ නැහැ කියලා මා කියන්නේ නැහැ. ඒත් දැන් තියෙන හොරකම එක්ක බැලුවම ඒවත් හොරකම් ද කියලා හිතෙනවා. මහින්ද ත්‍රස්තවාදය පරාජය කළා. අද රණවිරුවන් දඩයම් කෙරෙනවා, ත්‍රස්තවාදීන් නිදහස් කෙරෙනවා. ජේ ආර් හා ප්‍රේමදාස භිෂණය ඇති කළා. රනිල් භිෂණයට අත වනන්නෙ බොරු සමාජවාදියොත් එක්ක එකතු වෙළා.

ඊනියා විවෘත ආර්ථිකයෙන් ඇති වුණෙ විවෘත සංස්කෘතියක්. අද අම්ම තාත්ත හඳුනන්නෙ නැති සමාජයක් ඇති වෙලා. අධ්‍යාපනයට කරන්න බැරි වුණු හානිය ජනමාධ්‍යයෙන් කෙරෙනවා. හතළිස් අවුරුද්දක ශේෂ පත්‍රය ඔහොමයි.

 

නලින් ද සිල්වා

2017 ජූලි 28    

India’s position as China takes Hambantota port

July 29th, 2017

by C.A.Chandraprema  Courtesy The Island

The signing of the Agreement with China Merchant Co to lease out the Hambantota port for 99 years went ahead on Saturday as scheduled. This announcement took place in the context of rumours that were swirling around that India had brought pressure on Sri Lanka to postpone the signing of the agreement. The fact that this agreement was signed yesterday is arguably the biggest foreign policy debacle that India has faced since that country gained independence from the British. Through this agreement that was just signed, China gains control of a complete free port in Hambantota with a 5,000 acre industrial park. The area that China gains control over is far bigger than independent states like Vatican city and Monaco, many times the size of Gibraltar, at least the the size of the Cocos Islands and nearly the size of Macau. What more would the Chinese need in terms of a foothold in the Indian Ocean?

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Yesterday’s Ceremony where the Agreement was signed

From the time the Sri Lankan cabinet gave the go ahead for the revised agreement last Tuesday, anxious articles have been appearing in the Indian press. An article in the Financial Times (India) stated erroneously that the “Hambantota International Port Services Company”, which will control the sensitive aspects of the port operations including security, will be 50.7%  owned by the Sri Lankan government, while China Merchant Port Holdings will have 49.3%. If Indian fears had been allayed by the impression conveyed to them by someone that the Sri Lankan government will have a controlling interest in the company that handles the security of the Hambantota Port in terms of the agreement that was signed, then they have been deliberately misled.

Only 42% of the Hambantota International Port Services Co which will handle port security will belong to the Sri Lanka Ports Authority and 49.3% will belong to the China Merchant Co. The remaining 8.7% will belong to the “Hambantota International Port Group Co” which is 85% owned by the China Merchant Co. Thus it is China that has the controlling interest in the Company that is in charge of handling port security as well. In any case, even if Sri Lanka did have a controlling interest in the Hambantota Port Services Company which will handle the security aspects of the Hambantota port, that would not result in the Chinese being prohibited from bringing any kind of ship it likes into Hambantota. Sri Lanka is too small and too insignificant to be able to prevent a country like China from bringing anything they like into the Hambantota port. Besides, whatever the Chinese brings into Hambantota may be a security risk to India but poses no risk to Sri Lanka.

Chinese war material in Sri Lanka will pose a threat to Sri Lanka only if there is an all out war between India and China which however is not very likely. From inquiries made, it appears that the Indians have basically thrown in the towel and accepted the inevitable. The Indians may have hypnotized themselves into believing that the Chinese will not be able to bring in whatever they want to Hambantota due to the provisions relating to the security of the port that have been written into the agreement. Most important in this regard is section 2B of the agreement which goes under the title ‘Restrictions on Operating Rights of HIPG operator and CUF operator. (HIPG and CUF are the acronyms used for the two companies that are to be formed to control various aspects of the port’s operations.) the contents of Section 2B of the Agreement are as follows:

Provisions against military activity in Hambantota

2B.1 It is expressly understood and agreed by the HIPG Operator and the CUF Operator that the use of the port property and the Common User Facilities shall be for the purposes of port and marine- related commercial and development activities and the HIPG Operator and the CUF Operator are strictly prohibited from using port property for any non-port or non-marine related commercial activities or activities involving military personnel and activities of military nature whatsoever, whether on land, in air, or in sea, onshore or offshore within the territory of Sri Lanka, and the GOSL shall have the sole power and be the sole authority over such activities.

2B.2 For clarity, it is further agreed and understood by the HIPG Operator and the CUF Operator that the sole authority for granting all requisite permissions, clearances and approvals for (i) bringing in, or berthing warships, submarines: or (ii) storing or warehousing of any military equipment and machinery; or (iii) installation of communication networks/facilities for military purposes, or (iv) any matter connected or incidental to the aforesaid Clause 2B. I, shall only be with the GOSL.

In addition to the above, there is Section 27 of the Agreement under the title ‘Security and Safety’ which sets up a mechanism to oversee security within and outside the port property, which goes as follows: 27.1 The Ministry of Ports and Shipping shall constitute and set up an Oversight Committee, convened by the Ports Authority consisting of representatives of the Sri Lanka Navy, Sri Lanka Police, and the Secretary of the Ministry of Defense or his authorized representative for managing the security within and outside the Port Property and the Lease Area.

27.2 The national security of the Port Property shall be controlled by such Oversight Committee. However, the CUF Operator shall be responsible for the provision and maintenance of perimeter fencing around the Lease Area and for all internal security within the Port Property, to maintain the proper conduct of its business, the safety of the cargo, Vessels, and the personnel, including but not limited to manning of the entry/exit gates, in compliance with the ISPS Code and any Applicable Law, and subject to Clause 2, who will be guided and monitored by, and work in close coordination with the said Oversight Committee so appointed. The personnel deployed for security matters within the Port (externally and internally), shall be exclusively Sri Lankan nationals. 27.3 The members of the Oversight Committee and any other nominee of GOSL shall at all times have access to the port property with notice to the HIPG Operator.

Onus placed on Sri Lanka

Any breach of Section 2B or Section 27.2 will qualify as a ‘Major Breach’ of the Agreement under Section 33(e). According to Section 37.1(a) if a major breach occurs, the aggrieved party can request immediate remedy of the major breach or exercise the option of issuing a termination notice. According to Section 37.2(a) & (b), in the event of any Major Breach by any party, the party suffering any such Major Breach may give the other party time to remedy the breach and if no remedy is effected, they have the option of issuing notice to terminate the Agreement. What is meant by remedying a major breach in terms of the matter under discussion here would be if a Chinese nuclear submarine happens to wander into the Hambantota harbour, the Sri Lankan government can ask the Chinese port operator to ‘remedy’ the situation by asking it to leave. There are no penalties if a breach occurs but is soon corrected.

The wording of these particular sections seem to indicate that on the rare occasions when Chinese warships or submarines need to enter a harbour, they can nip into Hambantota and leave after apologizing for their presence with no major damage done to the Agreement. According to Section 43.5, if this Agreement is terminated due to a Major Breach on the part of the HIPG Operator, in such event, the HIPG Operator shall have the obligation to transfer all the shares of the HIPG Operator, held by China to the Port Authority free of any payment whatsoever.

All these elaborate provisions regarding the military use of the Hambantota harbour have obviously been included in the Agreement, to satisfy India. Sri Lanka for its part has no interest in placing any restrictions on the Chinese bringing in military vessels into Hambantota. Quite on the contrary we should be actively encouraging them to bring as many military vessels into Sri lanka as possible and if possible take up permanent station here so as to counterbalance India! J.R.Jayewardene once wrote that the reason why D.S.Senanayeke retained the British military bases in Katunayake and Trincomalee was as a deterrent to India.  If such was the case then, today, Sri Lanka has even greater reason to want to counter-balance India. It will be noticed that according to all the provisions in the Hambantota Port Agreement mentioned above, Sri Lanka is supposed to police itself when it comes to the military use of the Hambantota harbor.

No Sri Lankan has any interest at all in preventing the Chinese from using the Hambantota harbor for military purposes. Apart from the need to counterbalance India, there is the other consideration that military use also means money. If the Chinese military was going to bring business to the Hambantota harbour, who is the Sri Lankan who would want to prevent that? If the Indians complain that there are Chinese warships in Hambantota, the Sri Lankan side is likely to say “Chinese warship? We never saw any Chinese warship!” (This is a country where the Police spokesman blandly says that even though there is video footage of thugs armed with clubs attacking CPC strikers in the presence of police officers, that the police need a complaint to begin an investigation to see whether such an assault actually took place.)

The Chinese company taking the Hambantota port on lease should for its part, be daft not to cash in on Chinese military spending by using the Hambantota harbor to provide fuel, water and food to all the Chinese military vessels in international waters in the Indian Ocean. There is nothing in the agreement against the harbor being used as a supply base to refuel or re-provision Chinese military vessels in mid-sea. If a Chinese warship or submarine gets into trouble and needs to come into the Hambantota harbor for repairs, that will qualify as a humanitarian rescue mission not as military use.

Indians hoist with their own petard

Furthermore, we did not see any provisions in the Hambantota agreement with regard to the use of armed sea marshals on board ships. Most civilian shipping in the Indian Ocean has armed guards called sea marshals on board. So far as this writer can remember, the International Maritime Organization which has issued directives from time to time regulating the use of sea marshals has not placed any restrictions on the kind of weapons that sea marshals can use provided they have the requisite training to use those weapons. Most of the time the sea marshals on board civilian shipping may be privately contracted security personnel. But some countries hire out their military personnel to private shipping companies to act as sea marshals. Not so long ago, there was a major showdown between India and Italy when two Italian soldiers serving as sea marshals on board a merchant vessel opened fire on some Indian fishermen thinking they were pirates and killed one fisherman.

Sri Lanka also now has naval ratings serving as sea marshals on board merchant vessels. Even the Chinese tuna trawlers in the Indian Ocean had Sri Lankan sea marshals hired from Avant Guard Maritime Services. Hence every Chinese merchant vessel calling at the Hambantota port could be crawling with Chinese soldiers wearing the hat of a sea marshal. There is no restriction on the number of sea marshals that a ship can have or the kind of weapons they can use. Besides the protocols developed by the International Maritime Organization and other bodies like the UN Security Council require all nations particularly around the Indian Ocean to provide facilities to these sea marshals. There is nothing to say that a sea marshal has to be below a certain rank. Even a Chinese General or Admiral could come to Sri Lanka wearing the label of a sea marshal and he will have to be welcomed in Hambantota not just by the Chinese company running it but by the Sri Lankan government as well.

For all these reasons put together, the provisions on the Hambantota agreement preventing the use of the Hambantota harbour for military purposes will in practice be a dead letter. The Chinese are here to stay and basically to do just as they please and the Indians can do nothing to stop it. This is arguably India’s worst foreign policy debacle in its post-independence history particularly because the Chinese have now got a permanent base in the Indian Ocean under a government that was brought into power by a special operation launched by RAW. India’s present National Security Advisor Ajit Doval is known as a field operator. One of his exploits in the 1980s was wearing a loin-cloth and pretending to be a rickshaw puller to gather information about the Sikh extremists holed up in the Golden Temple. There is a big difference between performing that kind of exploit and state craft and India’s regime change misadventure in Sri Lanka proves it.

In 2014, soon after assuming power, Ajit Doval was arrogantly telling Sri Lankan’s then Defence Secretary Gotabhaya Rajapaksa that the Colombo Port City project should be stopped because it poses a threat to India. At that time there was no talk of giving the Hambantota Port to the Chinese. The main reason why the Indians decided to get rid of the Rajapaksas was because a Chinese submarine was allowed to dock at the Colombo harbour. For a few heady months, after January 2015, it appeared as if the Indians had won the day with the new government stopping not just the Colombo Port City project but all Chinese funded projects in Sri Lanka. Now however, the very government that the Indians helped bring into power has not only restarted the Colombo Port City project but also given the Hambantota port to the Chinese on a 99-year lease.

China’s unexpected bonanza

If India thought that their security was endangered because of the influence that the Chinese had during the Rajapaksa government, now India has practically no security. Even India’s domestic shipping going from the west coast to the east coast has to go around Sri Lanka passing Hambantota which has now become a Chinese controlled free port. Some years ago, there was much interest in India in the Sethusamudram project which aimed at dredging a shipping route through the Palk Straits so that Indian domestic shipping would be able to go from the west coast to the east coast of India without having to circumnavigate Sri Lanka. Now however, even reviving the Sethusamudram project will not help because Indian shipping using the Palk Straits will have to pass the Port City where the Chinese have a significant stake.

What then is the alternative available to India to be able to move around without being watched by China? One alternative would be to build the Hanuman bridge to Mannar in Sri Lanka so that instead of having to ship their goods past two Chinese enclaves in the Indian ocean, trains could be used to haul goods across the Palk Straits to Mannar and from there onwards to Trincomalee along the track that the Indians themselves have pledged to build, to be transported to east coast ports in India by ship. But any such trans-shipment may be financially unviable for India. With China herself on the northern border,  Pakistan in the West and now the Hambantota free port in the South, India is well and truly encircled and all this happened because of Narendra Modi’s and Ajit Doval’s political miscalculation in Sri Lanka. The Chinese government would not have imagined even in their wildest dreams that they would be able to achieve this so soon.

What they would have had under the Rajapaksa government was at most a friendly and cooperative government. The Rajapaksas were on principle against privatization and they would never have gone so far as to lease the Hambantota port to a Chinese company for 99 years. The Rajapaksa government had in fact signed a Supply Operate and Transfer (SOT) management contract with a joint venture between China Harbour Co and China Merchant Co to supply equipment such as cranes and operate the Hambantota container terminal for 40 years on very favourable terms. Under this arrangement, the industrial zone and the harbor would have been controlled by the Ports Authority while harbor operations would have been handled by the private sector as is the case now in the Colombo port. That was as far as the Rajapaksa government would have gone.

In fact it is obvious that the Chinese never expected to get the Hambantota harbor on a 99 year lease even from the yahapalana government. When the present government called for bids for the lease of the Hambantota port, two Chinese Companies put in bids – China Merchant Co for 99 years on payment of USD 1.12 billion and China Harbor Co for 50 years with a payment of USD 750 million. The latter bidder had also agreed to pay various harbor charges giving the Ports Authority a much better income than the China Merchant Co even though the up front payment by China Merchant Co was higher because of the much longer duration of the lease. On a year by year basis, the more favorable offer was clearly the China Harbour bid and that was what the Chinese would have expected the government to accept. Yet probably much to the surprise of the Chinese authorities themselves, the government accepted the 99 year bid.

It should be noted that that Chinese never shortchanged Sri Lanka. They gave us a choice between a good bid and a bad one and our government chose the bad one. What can the Chinese do about that other than thanking their lucky stars and RAW for having put this government in power so that they could complete their encirclement of India decades sooner than they thought it would be possible. Hambantota will give the Chinese the ability to supervise the sea lanes in the Indian Ocean right up to the South Pole and it has brought them that much closer to overtaking the India-West axis as a world power. July 29, 1987 was the date that the Indo-Lanka Accord was signed by JRJ under duress. Three decades later to the day, on July 29, 2017, a government of his nephew Ranil Wickremesinghe signed the Hambantota Port Agreement with China. Perhaps one could argue that this was to reduce India’s influence on Sri Lanka.

In any event, what took place in Colombo yesterday, is a total debacle for India. Even obtaining control over the Trincomalee harbor means nothing because all Indian ships calling over at Trincomalee will have to go past the Chinese free port in Hambantota. A couple of centuries ago, Trincomalee may have been the strategically important port but today, it’s Hambantota.

President has no mandate to abolish executive presidency

July 29th, 2017

By Kelum Bandara Courtesy The Daily Mirror

National List MP Ven. Athuraliye Rathana Thera, who played a pivotal role in the election of President Maithripala Sirisena, speaks about the constitution making process and what should be done. He responded to matters raised by Government MP Jayampathi Wickramaratne in a previous interview. Excerpts of the interview: 

It is a fallacy for someone to believe that the current social and economic problems can be resolved merely by having constitutional changes

If we opt for the abolition of executive presidency, we should give mind to a new electoral system to be introduced

Today, the current Proportional Representation with preferential voting has made way for identity politics based on caste and ethnic lines

  • Regardless of his personal wishes, President should stick to his mandate 
  • Executive Presidency is important to maintain parliamentary stability
  • Only a cabal of foreign funded NGOs is eager to abolish it
  • It is also important to ward off separatist threat
  • Govt is not doing it
  • National Planning Commission should be set up to decide on national assets
  • Govt promised to rule according to UN principles
  • If not for executive presidency, country would be rendered unstable
  • But it acts contrary to expectations
  • Today, only a coterie of people are part of the decision making process

QThe need for a new Constitution is debated by some. What is your opinion?

Actually, certain amendments are needed to be incorporated into the Constitution. We understand it. With regard to the country’s land policy, electoral reforms and peaceful co-existence, we need some constitutional reforms. Why should it be done? It is a fallacy for someone to believe that the current social and economic problems can be resolved merely by having constitutional changes. It is also wrong to believe that the current Constitution is an affront to human rights and democracy, and dictatorial. The present predicament of the country is not a phenomenon created by the Constitution. Let alone, we believe the evolution of certain legal or constitutional mechanisms would find solutions to some of the issues at hand. Executive presidency is projected as the main cause of problems. It was introduced by the UNP government with the approval of two-thirds. It has not even referred to referendum. The same constitutional model with executive presidency at the helm is found in the United States of America, Germany and France. Executive Presidency is practised not only in Sri Lanka but also in many other countries.

QYet, some claim that the government received a mandate to abolish the executive presidency. You played a major role in electing the current President. What is your response?

It is total falsehood to say that the President received a mandate at the last Presidential Election to scrap executive presidency in full. At the 2015 Election, I attended a lot of TV programmes. If we had sought a mandate for the abolition of it, people would not have voted for him as such. It would have created the perception in the minds of people Mr. Maithripala Sirisena was seeking a mandate only to give away his powers , but not to rebuild the country. People would have got the impression that Mr. Sirisena would be a puppet to act according to the interests of a few others. We reflected on such possible thoughts in the minds of voters.

In the creation of executive presidency, it was primarily meant to ensure parliamentary stability in one aspect. At the last election, no party could get a simple majority to run the country. That is due to the current electoral system. If we had continued with the electoral system that prevailed in the country during the 1970/77 period, a single party could have got the majority. Along with the introduction of executive presidency in 1977, we have made way for changes in the composition of Parliament as well.

Proportional Representation System replaced the First Past the Post System. In a way, today, the Proportional Representation is interlinked with the executive presidency. As long as the Proportional Representation is there, executive presidency should remain. In case the executive presidency is abolished, it will render the country politically unstable under the current electoral system. What would have been the current situation if not for the executive presidency?

Today, Parliament would have been held to ransom by the minority or minor parties with their extremist demands. It will lead to national unrest, not to national reconciliation. Racism raises its head in the event of an unstable Parliament. In such a situation, the budget cannot be passed. There can be constant elections. Then, the country cannot move forward.

After executive presidency, the provincial councils were also introduced in 1988 in conformity with the Indo-Lanka Accord. There were several court cases filed in this regard. The bench of Supreme Court was divided down the middle. The Executive President had the power appoint a judge on such an occasion. Mr. Palinda Ranasinghe was appointed the chairman of the bench. He was appointed by the then President. His stand led to the ruling that the proposed Constitutional Amendment could be enacted with two-thirds without referring it to approval of people by referendum. If not for the chairman’s, bench remained divided down the middle leading to an impasse. One section argued for a referendum and the other ruled it out.

The Supreme Court upheld on that occasion that any volatility to be triggered by the provincial councils could be overcome by an executive presidency. It was upheld that the country would not face the threat of partition as long as executive presidency remained.

All in all, executive presidency is important to maintain stability in Parliament and to quell the separatist threat possible to be triggered by the provincial councils.

 We also work for the revitalization of our education sector and saving our young generation from drug menace. We have submitted these proposals. We will decide on the next candidate accordingly. I do not know who will be the candidate

If we opt for the abolition of executive presidency, we should give mind to a new electoral system to be introduced. If we reintroduce the system that remained in the 1977/78 period (The First Past the Post System), there is no harm in abolishing executive presidency. Or else, we have to alter the present Proportional Representation System in a manner that would enablethe installation of a stable Parliament through an electoral process. It, however, looks difficult because minor and minority parties prefer the current system. Today, the current Proportional Representation with preferential voting has made way for identity politics based on caste and ethnic lines. There is no constituency based representation guaranteed here. It involves a lot of campaign financing. Only the moneyed candidates can make it finally.

QWhat should be the priority in introducing new constitutional reforms in your view?

That is to change the current electoral system. During the time of the last elections, there were different opinions prevailing. Some NGOs, advocating minority rights and working on foreign funds, are eager to abolish the executive presidency. They receive funds for that purpose.

Normally, western liberal politicians throw their weight behind struggles for minority rights happening elsewhere in the world. That is characteristic of them. It is reasonable in some contexts and unacceptable in others. It cannot be justified at all in some situations.

It is also wrong to believe that the current Constitution is an affront to human rights and democracy, and dictatorial

There is a cabal of such NGOs operating here. They are not bothered about the alienation of national assets and lands to outsiders. A few remaining old guards of the leftist movements belong to this category. They are obsessed with this issue. It is not the UNP, the SLFP or the JVP crying hoarse about this matter.

QHow do you interpret the President’s mandate then?

Different individuals and ideological groups came under one banner for the victory of President Sirisena at that time. It included NGOs and Human Rights groups.

Alongside, there were group like mine, appearing for a national economy, preservation of national assets and all. Which group can stake the biggest claim for this victory? There is a tussle each staking a claim. Actually, the victory was made possible only because a section of the SLFP defected to the other side along with President Sirisena. We were also part of the Mahinda Rajapaksa government. The UNP could not engineer such a defection. The UNP’s base had eroded in the electorate because of its stand during the war time. So, they were not in a position to win an election. People in the north also wanted a regime change. They were convinced that the UNP could not make it. They realized that a candidate, commanding the support of the Sinhalese, could win. They told it to me openly. President Sirisena listened to all. He launched his manifesto in front of a large crowd and pledged only to do away with features of the executive presidency, which have doctorial and anti-democratic slants. He promised to subject executive presidency to be reformed only. That is all. He was clear that he would not opt for any change warranting approval of people by referendum.

He was clear that he would not opt for any change warranting approval of people by referendum

I defended this position during TV programmes. People trusted it. It, alone brought around 200,000-300,000 votes to President Sirisena. We could do it. I was in Parliament at that time with more than 100, 000 preferential votes. We never appeared for the total abolition of executive presidency.
QBeside the coffin of Ven. Maduluwave Sobhitha Thera, President Sirisena vowed to abolish the executive presidency. It was seen and heard all over the country. What have you got to say?
Though Mr. Sirisena holds executive presidency, he cannot act according to the his own whims and fancies. Regardless of his personal wishes, he should go by what he promised to the country only. There is a policy line presented to the country. He should stick to it.

QSome MPs of the SLFP led by President Sirsena stress that he should be the next Presidential candidate. What is your stance?

I have never given my mind to who should be the next candidate. Yet, I will determine what should be the policy of the next candidate. We are working for it through our programme for a sustainable economy. That is to be based on carbonic agriculture, renewable energy, protection of biodiversity, and medium scale industries instead of mega industries. It also includes plans for strengthening the local entrepreneurs and non- alienation of national assets to multinational companies. We also work for the revitalization of our education sector and saving our young generation from drug menace. We have submitted these proposals. We will decide on the next candidate accordingly. I do not know who will be the candidate. I have not given mind to any individual. I believe that nothing detrimental to the country should happen under this government installed after an arduous task.

There is a cabal of such NGOs operating here. They are not bothered about the alienation of national assets and lands to outsiders. A few remaining old guards of the leftist movements belong to this category

QYou talk about the drug menace. We find cocaine being smuggled into the country. In fact, cocaine was found in the storage facilities of Lanka SATHOSA. What is your view?

I think there is no proper public attention drawn to this matter as such. The Minister concerned must be aware of imports made through the government’s tender procedure. He should know who was awarded the tender. Or else the officials concerned should know. This is a national crime. The government is held answerable. I learnt that some officials have been transferred for leaking information in this regard. This has to be looked into.

QThe Mahanayake Theras opined that there was no need of a new Constitution. What is your view?

I do not know the context in which the Mahanayake Theras said it. My position is clear. There is no mandate for the evolution of a new Constitution. Either the UNP or the SLFP has no simple majority in Parliament for such changes. There is a constitution making process currently underway. It is being made for narrow ends, according to initial reports.

The government promised to bring a National Planning Commission. It is not done. Instead, arbitrary decisions are taken to lease out the Hambantota Port. It is totally unacceptable.
The President should necessarily change the current electoral system.

QHave your notified your stance to the President?

Yes.

QHas he agreed with you?

I cannot tell it right now. He should act for the setting up of a National Planning Commission to decide on national assets of the country. Now, a coterie of people takes decision. It should be stopped.

It was promised to govern the country according to UN principles. The government is acting in the opposite direction. In fact, it talks about the removal of ban on Glyphosate today.

Stooping to win

July 29th, 2017

By D.B.S. Jeyaraj Courtesy The Daily Mirror

How JR was forced to sign the Indo -Lanka Accord 30 years ago

  • Thirty years ago on this day (July 29th 1987) an accord was signed by Rajiv Gandhi and Junius Richard Jayewardene
  • The India – Sri Lanka Accord known popularly as the Indo-Lanka peace accord was hailed then as a great breakthrough in relations between India and Sri Lanka.
  • Jayewardene foresaw a potential threat from India after both countries attained freedom from the British.
  • In short there were three basic reasons for Indian intervention in Sri Lanka then.
  • The immediate consequence was the accord. Yet, later events proved that JR had only stooped to conquer”.
  • So, food parcels were dropped in what was essentially a demonstration effect” device.
  • President JR Jayewardene realised what was in store if he failed to toe the Lakshmana Rekha” being drawn by India. So he ‘bowed” to the big neighbour.

 

 

By D.B.S. Jeyaraj

Thirty years ago on this day (July 29th 1987) an accord was signed by the then Indian Prime Minister Rajiv Gandhi and Junius Richard Jayewardene the then President of Sri Lanka in Colombo that had far reaching implications for both the tear drop island in the Indian Ocean and its giant neighbour.


The India – Sri Lanka Accord known popularly as the Indo-Lanka peace accord was hailed then as a great breakthrough in relations between India and Sri Lanka. Two related letters known as annexures” were also signed by both leaders.

The preamble of the accord reads as follows –
The President of the Democratic Socialist Republic of Sri Lanka, his Excellency Mr. J.R. Jayewardene, and the Prime Minister of The Republic of India, His Excellency Mr. Rajiv Gandhi, having met at Colombo on July 29, 1987”.

Attaching utmost importance to nurturing, intensifying and strengthening the traditional friendship of Sri Lanka and India, and acknowledging the imperative need of resolving the ethnic problem of Sri Lanka, and the consequent violence, and for the safety, wellbeing and prosperity of people belonging to all communities of Sri Lanka. Have this day entered into the following agreement to fulfil this objective”.

In realistic terms the accord of July 29th 1987 was a triumph for Indian coercive diplomacy. It was opposed by (and still is) significant sections of the Sri Lankan people.
A flashpoint indicative of the simmering tension that prevailed then was the attempted assault of the visiting Indian premier by a Sri Lankan naval rating Vijaya Rohana de Silva Wijemuni. The Naval Rating, who was part of the Navy Guard of Honour being inspected by Rajiv Gandhi, took a swipe with his rifle at the Indian Premier’s head.

Mercifully Rajiv saw the swinging rifle from the corner of his eye. He sidestepped deftly and ducked swiftly.

Instead of reaching out to the affected victims of the July 1983 pogrom and alleviating their hardship the JR regime was hell bent on appeasing the majority. Blaming the Victim syndrome was seen at its best then.

The firearm struck his shoulder. Had that blow been fatal, Indo-Lanka relations may have changed drastically in favour of the Sri Lankan Tamil people. However, the very same Rajiv Gandhi who survived the Sinhala” assault in 1987 could not escape death when a Sri Lankan Tamil girl known by the nom de guerre Dhanu” with explosives strapped to her body blew herself up at a place in Tamil Nadu called Sriperumbudoor in 1991.

The political pendulum in India swung sharply against the Sri Lankan Tamils thereafter.
Indian High Commissioner Jyotindra Nath Dixit
Foremost among the many architects of the accord was former Indian High Commissioner in Colombo Jyotindra Nath Dixit known as Mani” Dixit. Twenty months after the signing of the accord J.N. Dixit delivered a lecture on Sri Lanka at the United Services Institution in New Delhi on March 10, 1989. Dixit summed up the rationale for exercising Indian power” immorally to coerce Sri Lanka into signing the accord thus – The chemistry of power, the motivations which affect the interplay of power between societies are not governed by absolute morality. ………It is an external projection of our influence to tell our neighbours that if, because of your compulsions or your aberrations (sic.), you pose a threat to us, we are capable of, or we have a political will to project ourselves within your territorial jurisdiction for the limited purpose of bringing you back.

Sounds slightly arrogant! It is not arrogant. It is real-politik, and it brings you back to the path of detachment and non-alignment where you don’t endanger our security.”

The irony in all this was that the signatory on the Sri Lankan side was President J. R. Jayewardene. JR as he was popularly known was steeped in historical knowledge being an avid reader of history books. He had the uncanny ability at times to predict the future course of events in International relations. JR was concerned about the position of Sri Lanka (then Ceylon) vis-a-vis India ( pre-partition) after the British granted independence. The writing was on the wall for the British Empire even as the second World War was raging.

Jayewardene foresaw a potential threat from India after both countries attained freedom from the British.

JR Jayewardene along with Dudley Senanayake had been elected Joint Secretaries of the Ceylon National Congress in 1940. In this capacity JR interacted with several leaders of the Indian National Congress. One of them was Jawaharlal Nehru who went on to become Independent India’s first Prime Minister in 1947. Nehru who served as Premier till 1964 was the father of Indira Gandhi, Grandfather of Rajiv Gandhi and Great -grandfather of Rahul Gandhi.

On July 20, 1940, JR Jayewardene wrote to Jawaharlal Nehru: Events are moving with such rapidity in the world today that a slave India and Ceylon may be free tomorrow, without a struggle. What of Ceylon? If nothing else happens, is it possible that she may be bartered away by a peace treaty? This is a question that is troubling many of us in Ceylon.”

Nehru replied on August 1, 1940: 
Ceylon is too small a political and economic unit to stand by itself in the future world. I quite agree with you that there might be danger ahead for Ceylon under these circumstances. It will therefore be highly desirable to discuss the future relations of India and Ceylon, so that our minds may be clear and we should know what we are aiming at.”

 


‘Monroe Doctrine’ of USA in the Indian Ocean

Even if JR’s worries may have been laid to rest by Nehru’s reply at that time, post – independence course of events evoked fresh doubts and misgivings. In 1954 JR was Minister for Agriculture and Food in the Govt. of Prime minister Sir John Kotelawela. The South Asian Prime Ministers’ Conference was held in Colombo that year. On March 19, 1954 Jayewardene sent a memorandum to his Prime Minister. In that he alluded to the Monroe doctrine of the USA and emphasised that India should not be allowed to play a similar role in the Indian Ocean region.
JR wrote: 
If we look again at the American scene, we see that the U.S.A. so long ago as 1823 enunciated the Monroe Doctrine and exercised supervision over the entirety of the American Continents, both North and South. It is therefore necessary to see that the states in this region are not cut off from the rest of the world from economic or military aid, such as Pakistan has recently secured from America. India should not be permitted to proclaim a Monroe Doctrine” in the Indian Ocean where she will play the role that the U.S.A. plays in the Atlantic.”

Yet, through a quirk of fate the very same JR Jayewardene, who foresaw the potential danger of Indian domination decades ago and was keen on preventing it, happened to be the Sri Lankan leader who bowed down to New Delhi and accepted Indian overlord-ship by way of the accord and annexures in 1987.

Tamil National Alliance (TNA) Spokesperson and Jaffna District parliamentarian M. A. Sumanthiran in a recent article in The Hindu” observes thus –

The Indo-Sri Lanka Accord itself was unique in that it was a bilateral international agreement between two sovereign nations, where one promised the other that an internal political rearrangement would be made in order to solve the Tamil national question. It was indeed ironic that a President (Jayewardene) who popularised and deified the concept of unity, sovereignty and territorial integrity of Sri Lanka” assured the neighbour as to how he would solve an internal” political question and then invited the Indian Army into Sri Lanka to help implement the accord”.

What then led to this perceived downfall” on the part of Junius Richard Jayewardene? Why did the man who as a Cabinet Minister wanted to resist Indian supremacy in 1954 do an about turn in 1987 as Executive President and cave into Indian demands?
The course of events that led to this transition or transformation is a remarkable political tale by itself.

Intermestic” Term Coined by Henry Kissinger
The Tamil issue” is for Sri Lanka and India is an intermestic” issue. The term Intermestic” was first coined and used by Henry Kissinger to explain international issues having domestic economic implications like for instance the middle-eastern situation abroad impacting on the price of gas in the US. The term coined by Kissinger took the inter” from International and mestic” from Domestic.
It was however veteran Journalist and foreign affairs expert Mervyn de Silva who popularised the term in Sri Lanka.

The fundamental difference in New Delhi policy towards Pakistan in 1971 and Sri Lanka in 1987 was that in the case of the former it suited Indian interests to fracture Pakistan and create Bangladesh while in the case of the latter, Indian interests were better served by preventing dismemberment of Sri Lanka and unifying the Island by preventing the creation of Tamil Eelam”.

Mervyn was then editing the Lanka Guardian” fortnightly and writing a weekly column for Sunday Island”.
Mervyn applied the term to all issues crossing the boundaries between the International and the domestic and belonged to both spheres thereby necessitating this sub-category.
According to Mervyn, Sri Lanka’s Tamil issue was for Sri Lanka a domestic issue with an international spillover and for India it was an international issue with a domestic spillover. Hence for both Colombo and New Delhi it should be regarded as INTERMESTIC, i.e. at the interface of the international and the domestic”.
Generally countries act in their own self – interest but often attribute lofty motives for such actions .Indian involvement in the affairs of its neighbours has been described as benign intervention by Indian academics and analysts.

The undermining of the Rana family and empowerment of the Shah dynasty in Nepal, the dismemberment of Pakistan and creation of Bangladesh, the Indo-Lanka accord and induction of the Indian Army as a peace-keeping force in Sri Lanka and the quick action in Maldives to crush a coup d’etat aided by Sri Lankan Tamil militants of the PLOTE (Peoples Liberation Organization of Tamil Eelam ) are some instances of Indian benign intervention.
Benign Interventions” Served India’s Interests
Needless to say all these cases of benign intervention” also served India’s interests in the region. But such is the nature of international relations. All countries have their own interests at heart and smaller entities identifying common interests with larger interests and harmonising accordingly have greater chances of bettering the prospects for themselves.

In the case of Sri Lanka the twin tenets of basic Indian policy was preserving the unity and territorial integrity of Sri Lanka on the one hand and ensuring the rights of the minorities particularly the Sri Lankan Tamils on the other. This framework in essence was conditioned by the intermestic factor.
The 1983 July anti-Tamil pogrom saw more than 100,000 Tamils fleeing to Tamil Nadu as refugees. The presence of Tamil refugees on Indian soil was the locus standi” for India to seek a greater role in Sri Lanka. Instead of reaching out to the affected victims of the July 1983 pogrom and alleviating their hardship the JR Jayewardene regime was hell bent on appeasing the majority. Blaming the Victim syndrome was seen at its best then.

The Govt. introduced the Sixth Amendment to the Constitution disavowing separatism. All MPs were required to take an oath to that effect to retain Parliamentary membership. The Tamil United Liberation Front (TULF) with sixteen MPs in Parliament refused to take the oath on a matter of principle.

As a result they forfeited their seats. The Sri Lankan Tamil voice was effectively driven away from Parliament.

Ex- TULF MP’s Took Up Residence in Tamil Nadu
Several ex-TULF MP’s including Opposition leader Appapillai Amirthalingam took up residence in Tamil Nadu. With more than a hundred thousand refugees on its soil providing a ‘locus standi’, New Delhi offered its good offices to mediate and bring about a negotiated political settlement.

There was an imperative need for India to intervene at that stage. The Sri Lankan Tamil issue was a crucial emotional issue for Tamil Nadu at that time. There was a fear that the mood may turn volatile and result in a law and order crisis. Also there had been a flourishing secessionist movement in Tamil Nadu at one time. It had been checked and transformed democratically. The former Tamil separatists were well integrated into the Indian fabric.

Now there was apprehension that the fabric may be torn and separatist tendencies revived because of the Sri Lankan Tamil crisis impacting on Tamil Nadu.

If secession was encouraged in Sri Lanka that could have a demonstration effect on other states including Tamil Nadu in India. If the Tamils were allowed to be continually victimised in Sri Lanka that too could radicalise Tamil Nadu in the long term . These parameters necessitated in India fashioning policy ensuring both the unity of Sri Lanka as well as Tamil rights.

Creating Bangla Desh and Preventing Tamil Eelam”.
The fundamental difference in New Delhi policy towards Pakistan in 1971 and Sri Lanka in 1987 was that in the case of the former it suited Indian interests to fracture Pakistan and create Bangladesh while in the case of the latter, Indian interests were better served by preventing dismemberment of Sri Lanka and unifying the Island by preventing the creation of Tamil Eelam”.

The intermestic nature of the issue had two additional aspects too. One was that New Delhi at that time feared an arc of encirclement by hostile” forces. India feared a Washington-Tel Aviv- Islamabad axis. The Jayewardene Govt was seen as a Western puppet and lackey (after all JR had been nicknamed Yankee Dickie” at one time).

It was necessary therefore to win over Colombo and bring Sri Lanka within the Indian orbit. The Tamil issue provided an opportunity to de-stabilise Sri Lanka and pressure Jayewardene into submitting to Delhi diktat.

In short there were three basic reasons for Indian intervention in Sri Lanka then.
Firstly the Jayewardene Govt was spurning non – alignment” and taking Sri Lanka into a pro – Western orbit. Under prevailing conditions of the day New Delhi feared a Washington – Tel Aviv – Islamabad axis. India needed to bring Sri Lanka to heel” and keep out undesirable elements out of the region.

Secondly there was the domestic imperative. There was much concern in Tamil Nadu for the plight of Tamils in Sri Lanka. Tamil Nadu was once home to a flourishing separatist movement. India was concerned about the fall – out from Sri Lanka on Tamil Nadu if the conflict escalated here.
The third was the unacknowledged personality factor. It is a fact that basic policy is formulated by the bureaucracy in India and that the political executive is guided by it. Individual leaders by force of their personality may effect a change in the style of implementation but cannot effectively change the substance of policy.

What happened here was that Indian Prime Minister Indira Gandhi was not very fond then of President Jayewardene or Prime Minister Premadasa.

Allusion of Cow and Calf to Indira-Sanjay and Sirima-Anura
Indira Gandhi declared emergency in 1975 and imposed iron rule in India. She jailed her political opponents.  Indira and her son Sanjay Gandhi were accused of being virtual dictators. When elections were held in March 1977 the Congress party that had ruled India from 1947 lost for the first time in 30 years. Both Indira and Sanjay lost in their constituencies of Raebareli and Amethi respectively. In July 1977 elections were held in Sri Lanka. The incumbent Sri Lanka Freedom Party (SLFP) Prime Minister and her son Anura Bandaranaike contested in the electorates of Attanagalle and Nuwara-eliya-Maskeliya respectively. The irrepressible Ranasinghe Premadasa made a comparison between India and Sri Lanka at election meetings. He repeated on numerous occasions that just as the cow and calf were booted out by the Indian people, the Sri Lankan voters too would reject the cow and calf here.

The allusion of cow and calf were to Indira-Sanjay and Sirima-Anura.
Just as the Congress lost in India, the SLFP lost in Sri Lanka but unlike in India the cow and calf won in Lanka.

Once a viable solution was arrived at, the Tamil armed struggle was expected to end. But the Tamils were not to be abandoned entirely. 

Indira, however had got to know of Premadasa’s allusions and was not amused. In fact she was angry. Proctor S. Sivasubramaniam, the father of former Kopay MP S. Kathiravetpillai, was a family friend of the Nehru-Gandhi family. In conversation with Mr. Sivasubramaniam, Indira Gandhi expressed her resentment at the UNP and its perceived proximity to Morarji Desai’s Govt.

On the other hand the TULF by remaining fiercely loyal to Indira during her days of defeat had become closer to her. According to reputed Indian analysts, such as A. G. Noorani  Indira personalised her foreign policy. Her favourites were Sirimavo Bandaranaike, Sheikh Hasina and Benazir Bhutto. Her bete noires were Zia, the King of Nepal and JR Jayewardene.

Triple Factor Confluence in Indo-Lanka Relations
This triple factor confluence in Indo – Lanka relations during the Indira-JR period deemed it necessary that India made a benign” intervention in Sri Lanka after Indira Gandhi was premier again in 1980. There was little love lost between the JR and Indira led Govts. The Brahmins of South Block were for an intervention in Sri Lanka for two objectives.

1) To help resolve the ethnic conflict within a united Sri Lanka but in a manner acceptable to Tamils,
2) Make Colombo accept New Delhi’s hegemony over the region and appreciate Indian security concerns and teach the Jayewardene regime a lesson while rewarding the TULF.

It was at this point that the July 1983 pogrom occurred. Thousands of Tamils fled as refugees to India. Indian interests in Sri Lanka were harmed. This provided a locus standi” for India to intervene in Sri Lanka. Jayewardene then played into India’s hands by bringing in the 6th Amendment disavowing separatism.

This effectively disenfranchised the Tamil representatives in Parliament. JR also refused to talk directly to the TULF. This created an opportunity for India to step in and offer its good offices” to bring about ethnic reconciliation.
India Followed Two-track Sri Lanka Policy
So, Gopalaswamy Parthasarathy became India’s official emissary tasked with evolving political rapprochement. But India followed a two – track policy. Tamil militant groups were trained and armed and housed on Indian soil. They were allowed to run political cum propaganda offices in Tamil Nadu publicly.

India’s objectives were clear. New Delhi wanted to use the Tamil militants as a cutting edge to destabilise the Jayewardene regime and also exert pressure on Colombo to deliver a political settlement.

Once a viable solution was arrived at, the Tamil armed struggle was expected to end. But the Tamils were not to be abandoned entirely. India would underwrite a political solution and maintain a physical armed presence in North – East Sri Lanka to protect the Tamils and help implement the political solution.

In such a situation the Indian State trained and armed Tamil militants into guerrilla organizations. The idea was to fight and destabilise the North-Eastern Provinces to a great extent.

Thereafter the Colombo Govt. would be compelled to turn to Delhi for assistance. That moment would be seized. Tamil Eelam was never on the cards. All this while New Delhi was offering its good offices” to bring about a negotiated settlement. In the exercise of this two-track policy, Indian envoys would engage with Lankan leaders and Tamil politicians on the one hand while India backed Tamil militant groups such as the LTTE engaged in violence against the Sri Lankan state on the other.

Meanwhile, Indira Gandhi was assassinated in 1984 and her son Rajiv Gandhi succeeded her. Rajiv’s ascendancy saw the veteran Gopalaswamy Parthasarathy being ousted as India’s special envoy to Sri Lanka on the Tamil issue.

Foreign Secretary Romesh Bhandari functioned as emissary. He was followed by others such as P. Chidambaram, K. Natwar Singh and Rajah Dinesh Singh.

Foreign Secretaries too changed from Bhandari to Venkateswaran and then K.P. S. Menon. Despite these changes the basic continuity in Indian policy towards Sri Lanka remained.

Dixit Warned Jayewardene of Unpredictable Consequences”.
There were many twists and turns but India’s strategy worked to a great extent for some time. But after the military operation in Vadamaratchy in May 1987 it appeared that Colombo was on the verge of wiping out the LTTE. At that point India demonstrated very clearly to Colombo that it would not be allowed to crush Tamil militancy. Indian High Commissioner J. N. Dixit met President Jayewardene and warned him of unpredictable consequences”. Dixit writes about the meeting in his Assignment Colombo” book in the following manner-

In one of my meetings with President Jayewardene late in May 1987, I protested against the blockade of Jaffna and the impact of Sri Lankan military operations on Tamil civilians of the area. I informed Jayewardene of my discussions with Lalith Athulathmudali wherein I had conveyed the message that India would not countenance the fall of Jaffna to Sri Lankan forces when India was still engaged in mediation efforts. I reminded Jayewardene that Rajiv Gandhi’s messages to him were a clear indication that India would be compelled to take action to protect Tamil civilians. Jayewardene was quite upset and he described my remarks as interference in the domestic affairs. ……………
Jayewardene was not going to allow matters to rest in such obfuscations!
He said:

Dixit, be precise. Tell me what you personally think will happen when you talk about unpredictable consequences”.” I said: You will forgive me for saying this Mr. President, the unpredictable consequences may be LTTE asking operational support from Tamil Nadu and it might end up with the break-up of Sri Lanka. Sri Lanka may not remain a united country.”

Jayewardene looked at me in his typical droopy-eyed irritation and said: Mr Dixit, we are a small country, but I want you to know that I will not succumb to terrorist violence regardless of what you are saying. And please also note that this violence has been and is being supported by your Government and your country.”

Mr Dixit, we are a small country, but I want you to know that I will not succumb to terrorist violence regardless of what you are saying.

Shock and Awe” Operation to Intimidate Sri Lanka
Despite the bullying by Dixit, President Jayewardene continued to remain defiant but New Delhi performed a shock and Awe” operation to intimidate Sri Lanka and its President further.

On June 4, 1987 India informed Sri Lanka of its decision to drop relief supplies over Jaffna. Bernard Tilekaratna, Sri Lanka’s High Commissioner to India at that time, recalled his personal experience in an article in The Island of December 10, 1997. Tilekaratna wrote as follows – The President had offered to send Foreign Minister Hameed to discuss the developing crisis but India had already decided to send its Air Force planes not only five Antonov-22 transport planes but also four Mirage-2000 fighter planes, to escort them.”

I had enough contacts in New Delhi to know that this move was planned some days in advance even though it was done in complete secrecy and no details were known. My information was that this would take place by air or through Indian warships and I had conveyed this to the President himself. When I was summoned to the Ministry of External Affairs by the then Minister of State for External Affairs, Natwar Singh, who was also a personal friend, and told rather grimly at 2.30 p.m. on 4 June that the aircraft would leave Bangalore in half an hour. My reaction was one of both anguish and sadness. I informed Natwar Singh that surely the proposed air-drop was a blatant violation of our territorial integrity and interference in our internal affairs and I was saddened by the fact that this step would bring Indo-Sri Lanka relations to the lowest level ever in the long history of its close and cordial relationship”.

Bernard Tilekaratna Hands Over Letter of Protest
As regards conveying the message to the President, I told Natwar Singh the planes might as well leave as scheduled as it would take me half an hour to reach the Chancery and try to send the message. It was at this point that Natwar Singh offered me his personal hotline through to the Foreign Minister and his surprise was so great that it was my impression that this news was received for the first time. In fact I was asked to immediately hand over a letter of protest which I did in the Minister’s office itself before I returned to the Chancery.”

What Bernard Tilekaratna refers to is of course the infamous air drop operation by India over Jaffna . On June 4th 1987 the Indian Air Force conducted Operation Poomalai”  by which food parcels were dropped over Jaffna in what was described as a humanitarian exercise. It was a blatant violation of Sri Lankan air space. This was in the aftermath of Operation Liberation” in Vadamaratchy and India claimed overt concern then about starvation in Jaffna. Actually no one was starving in Jaffna then. The whole exercise, beneath the humanitarian facade, was a power projection, intended to drive home a lesson to Colombo.

JR and the Lakshmana Rekha” Drawn by India
The real situation in Jaffna was distorted to convey an impression that there was starvation warranting the drastic action of violating Lankan air space. So, food parcels were dropped in what was essentially a demonstration effect” device. President JR Jayewardene realised what was in store if he failed to toe the Lakshmana Rekha” being drawn by India. So he ‘bowed” to the big neighbour.
The immediate consequence was the accord. Yet, later events proved that JR had only stooped to conquer”.

Next week the column wiil discuss how JR Jayewardene had the last laugh

D.B.S.Jeyaraj can be reached at dbsjeyaraj@yahoo.com

Attack by thugs and drug addicts on oil workers and related political comments

July 28th, 2017

By : A.A.M.NIZAM – MATARA.

This is to provide a roundup of news items and comments on the State sponsored attacks carried out by a group of goons on striking worker of the Petroleum Corporation on Wednesday.

State sponsored Thugs attacked Ceypetco Trade unionists in front of inactive Police

The National Freedom Front vehemently condemn the brutal Police and State sponsored thug attacks, alleged to be carried out by Marikkar’s thugs on the oil sector workers.

Given below is translation of the communiqué issued in this regard by the National Freedom Front.

Bogus discussions on one side and Thug Attacks on the other side

All clothes of Yahapalana removed.

We in the National Freedom Front vehemently condemn the shameless acts carried out by the government to suppress the strike launched by the oil sector workers against handing oer of the Oil Tank Farm in Tincomalee to India and the Oil Tank Farm in Hambantota to China.

When there was an agreement between the oil sector Trade Union leaders and high ranking officers of the tri-forces at the time the tri-forces personnel came to undertake distribution of fuel following the fuel distribution as an essential service, in respect of supplying fuel to essential services including hospitals and tri-forces, the government deploying the Police pulled out those Trade Union employeeswho went into the Petroleum Corporation prmises to assist the armed forces.  After that the workers who were pulled out by the Police were brutally attacked by gang of thugs belonging to thug named ‘Marikkar’.

When this was happening, Minister Duminda Dissanayake, as the representative of the President held a discussion with the oil sector Trade Union leaders. What the Trade Union leaders who came out from this bogus discussion saw was Police inhumanly attacking the striking workers with high pressured water cannons and a group of thugs belonging to a thug named ‘Marikkar’ armed with  iron rods, clubs, wooden poles and swords attacking the male and female workers in violation all agreements reached at the aforementioned discussions.

What happened to the Trade Union leaders who attempted to explain to the Police about the decisions arrived at the discussions with the Minister who held discussions with them as the representative of the President? Assaulting them severely, after forcibly herding them into Police vehicles, and when they were taken to the Welikada Police Station.

These workers who launched a strike acting against the sale of the resourccs of the country received bugus discussions from the yahapalana President and thug attacks from the side of the Prime Minister.  The final outcome of this incident was the yahapalana becoming fully naked by getting all its attires removed.

Mohamed Muszammil

Propagaanda Secretary

National Freedom Front.

A complaint should have been made to arrest thugs who assaulted oil sector workers – Police Media Spokesman

The pro-UNP Police Media Spokesman Ruwan Gunasekera who is notorious for making highly politicized statements has said that in order to arrest the thugs who are alleged to have assaulted oil sector worked there should have been a complaint made to the Police  He has made this comment at a media conference held at the Police Headquarters. (niz)

Oil workers have stopped work when the country is facing a critical situation – Ranil

The plutocratic Ranil Wickremasinghe who has no sympathy for working masses and who is suspected to be the brain behind the thug attack on oil workers blamed the oil workers for having a work stoppage when the country was making efforts to curb the spread of dengue. Addressing the Parliament he said that several important services such as the health service including the transport of hospital staff, operation of ambulances, power generation, and public transport will be disrupted if the fuel distribution comes to a standstill. Issuing a warning to oil workers he said that the government is committed towards safeguarding democracy and upholding human rights and it is not prepared to surrender to mischievous elements who are out to disrupt peace and destroy democratic values.

No oil worker has been assaulted – I surfed Websites till 1.00 a.m. – Kiriella.

The Leader of the House (the notorious and shameless guy who said that any bull can fight a war and ridiculed our war heroes) the Minister of Highways and Higher Education Mr. Lakshman Kiriella in response to a question raised by the leader of the National Freedom Front in the Parliament said that he surfaced websites till 1,00 a.m. in the morning and none of the websites reported that oil sector workers have been attacked by thugs.

I do not have thugs, thieves or drug addicts and my hands are clean –  Marikkar.

Parliamentarian Marikkar who has been branded as Kolonnawa Thug Marikkar” following the assault of oil workers by a group of thugs and drug addicts at Kolonnawa rejecting allegations saying that it was his thugs who attacked the oil workers in Kolonnawa has told the parliament that he has been attacked because his opponents are jealous about the developments that are being carried out in Kolonnawa.

He has said that if it is flooded, if the garbage mountain collapsed, or if the oil workers stage strikes they talk about Marikkar but they did not talk about Marikkar when he provided flood assistance to 27,000 affected families.  He has said that there were a lot of people to shed tears when the garbage mountain collapsed but they all went away and it was only him who remained to get compensation and assistance for the victims.

Speaking further he has said that when the government is having a yahapalaanaya after establishing democracy those who were indulged in thuggery in the past were shedding crocodile tears, and it was not from the front side they have to laugh about it.  There is a political programme to destabilise the government by holding demonstrations and strikes. There had been more than 1100 demonstrations and strikes after this government came into power and those activities hindered the development of the country.

It is because they cannot digest the development activities being carried out in Kolonnawa they brand him as a thug, but the people of Kolonnawa know very well what is being done by Marikkar.  He said that his hands are clean and he does not have thugs, thieves, or drug addicts with him and their political journey is always through democracy.

Oil workers were attacked only by general public  – Harin Fernano

Speaking in the Parliament Minister Harin Fernando has said that the government is acting democratically and it is not cowardice to act in this manner and the oil workers were assaulted not by thugs but by the general public.

Island Editorial

Meanwhile the Island editorial (28th July) upholding the media ethics of writing without fear and favour has urged to arrest the goons.  It says that the present day leaders in the run up to the last presidential election promised a new political order but two and half years on pro-government thugs are operating openly in full view of the Police assaulting protesters with absolute impunity and accuses that the Police shamelessly shielded the goons by its inaction.

The editorial adds that many civil society outfits, trade unions etc, threw their weight behind the yahapalanaa campaign promising to restore rule of Law and democratic rights and asks where are those ardent champions of democracy and states that their silence is deafening.

In conclusion it states that the goons can easily be identified and they must be arrested for their serious offence and th government must ensure that the Police acts without delay and calls upon all civil society organizations, human rights groups, and trade unions to crank up pressure on the government to do so.  It also reminds the opposition of the need to act as a counter weight to the government which signals left and turns right.

Also appended below are some comments made by veteran journalists and politicians on this strike and were published in ‘The Island’ dated 28th July, 2017.

 

  • Government’s new strong arm approach –  In view of the CPC strike the army and the STF were deployed at the Kolonnawa and Muthuraawela oil storage facilities on Wednesday,   Many persons armed with clubs etc were seen threatening and attacking the strikers at Kolonnawa.  Veteran Journalist C.A.Chandraprema.
  • More trade unions to join agitations against goon attacks on CPC workers – The Ceylon Teachers’ Union (CTU), Free Trade Zones and General Services Employees Union (FTZGSU) and several other associations are currently discussing action to be taken against the suppression of workers’ rights
  • Strikers were assaulted by angry public – Joker of the three idiots gang Cabinet spokesman Dayasiri Jayasekera who has earned the opprobrium as ‘Rilasiri’ due to somersaulting from party to party
  • TNA endorses government action on public sector strikes. MP Sumanthiran said that workers should exercise their trade union action in a very responsible and constructive manner.

 

STRIKES, DEMONSTRATIONS AND YAHAPALANA Part 1

July 28th, 2017

KAMALIKA  PIERIS

Revised 9.9.19

The first thing that happened once the so-called CIA inspired ‘regime change’ took place and the Yahapalana government came into power was protests, demonstrations, and strikes. The media observed that in September 2015 alone, 24 street protests were held in Colombo. And dozens of others have been held elsewhere. There were 49 demonstrations in the Colombo city In January and February 2017,   by various organizations over various demands.  

Not a day goes by without a major demonstration, said’ Political Watch’ in December 2016.  At times two demonstrations are seen on the same road at the same time. Last week there were university students and Samurdhi Niladhari demonstrating.  In the past several weeks ‘virtually every segment of society has taken to the streets.’ Doctors, labor, Customs, Excise, Internal revenue department, Samurdhi Niladhari, and students.  

However, the Yahapalana government is completely undisturbed by these demonstrations. When the demonstrators reach Presidents House or Parliament, the barriers are drawn up and the police are waiting.  When they try to storm the police barriers, they are repulsed by water and tear gas.  Yahapalana would have been told by its western masters to expect such demonstrations. Yahapalana has therefore decided to name two places in Colombo, where people could gather and protest. Yahapalana will also mark out an area around Parliament for protesters. 

The Yahapalana government faced strike after strike, in its first year of rule. These strikes were provoked by deliberate government action. Labor officers struck because the government did not give the new service minute promised, instead they recruited under the old one. The paramedics staged a protest march demanding their promotions which they claimed were overdue and nine other demands organized by the Trade Union Alliance of Paramedics. The protestors marched from the National Hospital to the Health Ministry.

Sri Lanka Air Traffic Controllers Association had a work to rule campaign about the payment anomalies that had taken place in 2015. The Pulmonary Therapists Association went on strike, asking, inter alia, for several allowances and because of this, heart surgeries were postponed. Postal workers went on strike on June 2016. Since the promised demands were not given, they struck work again from December 19 to 21. The demands related to recruitment, vacancies, promotions,  salary disparities, and allowances.  When postal strikers went to President House,  they found a police barricade.

An all-island strike of Lottery ticket sellers took place in January 2017, over increasing the cost of a lottery ticket from Rs. 20 to Rs 30. Lottery ticket prices went up,  but the commitment to the lottery seller did not. Lottery ticket sellers threatened to withdraw from sales. Minister of Finance, Ravi Karunanayake said they could do so, there are plenty of others waiting to take over. Lottery talks ended in failure. 

However, the strike ended with an assurance from President Sirisena. The earlier price was restored.  TV news on 14.3.17 showed three lottery tickets priced Rs 20,  Rs. 30, and the third with no price. The Lottery price had been increased because the Lottery was an important cash cow for the government.

Disabled army personnel protested in February 2017 because their retirement benefit had been reduced, deductions were between Rs.  3700 and 9500.  Magistrate, Colombo Fort issued an order preventing disabled army personnel from engaging in a protest outside the Presidential Secretariat in a manner that would obstruct pedestrians who use the street. But said the protestors could engage in peaceful protest.  The police armed with batons were seen at the demonstration.

The disabled army personnel also went to the Pensions Department on 23.3.17  asking for the pensions cut to be restored. They tried to storm the Department and there was an ugly scene, shown on TV news, where they engaged in fisticuffs with the police.

Those who had lost their sons in the Eelam War and were affected by the reduction in pension also  demonstrated on 15.3.17. TV cameras showed the demonstrators crying, holding photos of their missing sons.   The demonstrators went to President’s House and  met the usual yellow barricade and rows of police standing behind it. The demonstrators said that if this continued, they would have to look for a  leader ‘who loves the country.’

There were violent and widespread estate demonstrations demanding wage increases. Estate laborers in Ratnapura had broken into the Ratnapura labor office, demanding higher wages and work for 26 days in the month.  One such strike was settled with an increase of pay, but less than what they asked. The strikers said ‘wait till the next election comes’.

Here is a select list of other strikes and demonstrations which are  linked to employee demands.  One of the first to start agitation was the Ceylon Teachers Union. The CTU and other teachers’ unions held a protest on September 2016, demanding solutions to a series of issues faced by the teacher and principals. These included delayed promotions, delayed payments, and the appointment of ‘henchmen’ as school principals. The teacher trade unions supporting the government were silent.

Government Valuers Association held a street protest, objecting to an ‘underhand’ amendment to recruitment. Certain Valuers had held discussions with the Treasury without the knowledge of Chief Valuer and the Association, and a new cadre had been approved amending the earlier cadre, which has been approved by the Association.

Labour Department officers struck work in September 2016 and then planned a countrywide strike and an indefinite Satyagraha in October 2016, because the government had not kept its promise. The government had promised to introduce a new service minute, instead, they have recruited under the old one. The October strikers found that the September strikers will not be paid for the days they were on strike.

In August 2016, The Government  Technical Officers Association threatened to strike work as their demands had not been given.  Over 5000 workers in 159 public sector organizations belonged to this Association and all development work such as road construction, irrigation and also crematoriums will stop, they said.

Federation of University Teachers Associations, FUTA, had planned to stage a token strike on March 2017, saying that they would go for an all-out strike thereafter if the government did not respond to their initial trade union action positively. FUTA demanded the withdrawal of a salary circular issued by the University Grants Commission, which they assert, has erroneously provided for deductions from their salaries.

This was a circular issued to all public service employees, but it has affected university teachers badly as their allowances are higher than their basic salaries. Salary deductions made by the recent circulars brought university lecturers to the same level as other administrative officers,” he said. There were also anomalies as regards vehicle permits, communication allowances, and other privileges as well.

FUTA said that that they had held several rounds of discussions with the University Grants Commission (UGC) as well as Higher Education Ministry to resolve the matter before resorting to trade union action. The Ministry and UGC had accepted that injustice had been caused to university teachers, but they did not take any action to rectify the error.

FUTA suspended their trade action following an assurance from the University Grants Commission to solve their problems. They gave the UGC two weeks to sort out the issues arising out of a circular on their salaries. If the government fails to find an acceptable solution to the problem by March 27, 2017, it will launch a countrywide strike indefinitely.

 The Non-academic staff of universities, numbering around 14,000 had a continuous strike from   August to September 2015.  They wanted an increase in their monthly compensatory allowances. Authorities promised to release a circular increasing the monthly arrears payment to them.  So they had suspended their strike. But nothing happened so they planned a one day strike in February 2017. They won their demands and the strike was called off. 

The Public Service United Nurses Union (PSUNU) launched a 48-hour sick note campaign on March 2017, in protest against the government’s failure to rectify their demands. These included salary anomalies, interim overtime allowance approved by the Treasury with effect from 2015, an annual uniform allowance of Rs. 25,000 and an interim payment of Rs. 5,000 for each nurse and the commencement of the Community Health Service programs.

The PSUNU had, on several occasions, informed the relevant authorities of the difficulties its members were faced with, ‘but in vain’.  The Union said its strike had been successful, but the authorities said that 620 nurses out of 820 rostered for yesterday’s morning shift had reported to duty in Colombo. The situation was the same at the Kurunegala, Kandy, Karapitiya teaching hospitals and the Kegalle, Ratnapura, Matara hospitals where there had been over a 70 percent attendance of the nursing staff,

Veterinary surgeons engaged in trade union action in August 2016. They had been asking for an amendment to the Health Service Act and to that of livestock production. They wanted first-class positions created in the provincial veterinary sector, and all vacant appointments made first-class appointments. There are 300 vacancies for veterinary surgeons but only 175 appointments have been made. Though the Minster promised solutions whenever the union went to him, nothing was ever done. 

A  work–to–rule campaign was launched by the Engineering Diplomates Association (EDA) of the National Water Supply and Drainage Board,  in March 2017. In February they had withdrawn from overtime work, maintenance and weekend maintenance activities since the government had failed to solve the problems created by Circular 6/2006.

Water supply in several areas in the country, including Export Processing Zones, had been disrupted from February. There was low water storage in water reservoirs. They had not attended to maintenance work either.  Meter readers had also joined the work to rule,  which meant that the issuing of water bills would be delayed. The EDA had demonstrated opposite the NWSDB head office at the Golumadama Junction in Ratmalana for the third time on 9.3.2017 and the authorities had had discussions with them thereafter.

Employees of the Ceylon Electricity Board (CEB) launched a token strike by calling in ‘sick’  in March 2017. The CEB union said they had planned trade union action in October 2015, but held back as management promised to attend to their grievances. The National Electricity Workers’ Association (NEWA) had also threatened to go on a 24-hour strike then, this would cause serious power outages in the country. 

The  CEB union complained that the government had increased the salaries of CEB management by 70% to 125% with effect from 1 January 2015 with no corresponding increase to other workers at the CEB.  Employees of the lower level had got only a 30% salary increase in 2015. According to the CEB rules, the salary ratio should be 1:6″. It was now 1:9 following the 2015 salary increase. Although authorities had promised to increase the salaries of lower-level workers so as to keep the gap between the management level staff and lower-level staff salaries at a reasonable level they had so far failed to do so. 

The CEB management had asked for one year to rectify the salary anomalies. The CEB had decided to go for a unified service grade for all employees in the CEB and thus different grades were identified with specific salary scales. The Technical and Financial grades have had their salary scales decided on but others grades are yet to do so.The Engineers grades were approved and when they were submitted to the CEB board, the Board asked that the other grades too be finalized. So a committee was appointed to look into and review all categories and ‘we are expecting their report to be submitted to the Board soon.’

CEB workers had struck work from midnight of April 05 to midnight April 06, 2017, 90% of workers had participated in it despite threats from the management. The government had not heeded their request for a discussion. Instead, the management had denied overtime to them and issued warning letters.

Since the government had ignored the April strike, representatives from 32 CEB trade unions including UNP affiliated Jathika Sewaka Sangamaya and SLFP’s Sri Lanka Nidahas Sewaka Sangamaya decided to again stage an all-out strike, demanding rectification of their salary anomalies. They had given the CEB one and a half years to solve the problem, ‘but in vain.’ Their members were being harassed by the CEB management following their strike and they had no option but to go for an all-out strike to win their demands. They would give the government two weeks to solve their problems.

Insiders, however, said without the participation of its powerful Engineers’ Union it would be very difficult for all other unions to cripple the power supply. Ceylon Electricity Board employees who had not been made permanent in CEB also launched a protest in January 2017.  

Railway Department contemplated a 24-hour token strike on December 2016, because the Yahapalana government had abolished, or was going to abolish, the railway pension scheme,  had engaged in improper recruitments and planned to convert the railway department to an authority. They were also against government handing over railway land to the private sector. President Sirisena intervened and the strike was called off. In January 2017, Railway engine drivers resorted to working to rule since talks had been unsuccessful.  There was also a strike by Railway Crossing Guards Union in January 2017, against irregularities in monthly wage payments.  They said the government had not taken any action.

An all-island private bus 24-hour token strike took place in December 2016.     27 private bus associations were on strike. 20,000 private buses were withdrawn.  Interprovincial long distances private buses, provincial-level private buses, school vans, three-wheelers, lorries, bowsers, and containers participated.  They were striking over the proposed Rs 25,000 fine for traffic offenses.   The money will go into the hands of the traffic police, they said. 

 The government faced the challenge. The SLTB employed its full fleet of 6000 buses canceling all leave. But this was not enough and the navy was called in to drive the buses. The strikers objected and the protest took a violent turn.  SLTB buses were pelted with stones.  20 SLTB buses islandwide were attacked, including Trincomalee to Tangalle and Trincomalee to Colombo buses.

Trishaws had a massive 1000 strong protest at Lotus Road, Colombo.  They complained that now they are not allowed to overtake on either the right or the left. Colombo-Negombo road was blocked by trishaws and buses. Trishaw operators blocked the railway crossing at the Galakanda area in Negombo.  Police fired tear gas to clear them. The train service from Chilaw to Colombo was stopped. The train service to the Puttalam line was also disrupted. Later, Police arrested over 30 persons for disrupting the train service at Negombo. Two UPFA Western Province councilors were also arrested over violation of a court order.

There has never been a road transport stoppage in this country over the matter of a fine, said Chandraprema. Those who run this country must ask whether people can really pay these fines. Rs 25,000 exceeds the fines paid for assault or the possession of heroin. If they impose this, the person may end up permanently in prison due to an inability to pay the fine.  In this context, a traffic fine of Rs 25,000 is nothing short of insanity.   You cannot impose first world fines on the third world. This particular fine is too much even for Australia.

How this government regularly dreams up ever more ingenious ways of making the lives of ordinary people a living hell is truly remarkable and the way they doggedly stick to these harebrained schemes despite mass protests is even more remarkable, concluded Chandraprema.

Federation of Traders Association called a meeting of all traders, island-wide in July 2016, to oppose the new VAT. The VAT will make it impossible for small and medium businessmen to survive and they would have to wind up their operations. Traders of the North and east were prepared to close their shops, on the same day as the Sinhala shops. A businessman said that he been in business for nearly      20 years and had never seen the business community united in their opposition to the government in this manner.    The traders closed their shops for a day on 15.7.2016.

There was a second category of strikes, which took place out of concern for the country. These strikes were related to major national issues. The Ports Protection Union Front (PPUF) planned a demonstration on February 1st  in front of the Presidential Secretariat, with the participation of all progressive forces, other trade unions, and Ports employees, protesting the sale of the Eastern Terminal of the Colombo Port by the Government.

Customs rarely engage in trade union work, they are well placed and well looked after, observed Chandraprema.  However, Customs officers ‘walked out ‘on February 2016, to protest certain new Acts which were in the pipeline. These Acts were intended to control four major government institutions including the Customs. The new Customs Act was for the benefit of racketeers. Customs trade unions vehemently condemned Finance Minister Ravi Karunanayake’s statement that he would implement the new Customs Ordinance at any cost.

Customs officers also said the government was planning to appoint a regulatory body to control high income generating government departments such as Customs, Excise, Valuation and Inland Revenue. They condemned the government for acting in a dictatorial manner. Customs trade unions would complain to the authorities about ‘draft laws which were inimical to the interest of the country’.

 Customs officers said the government had already set up an illegal unit called’ Revenue efficiency and investment unit’ at a cost of Rs 10 million taken out of the state coffers.  They wanted this removed as there were already mechanisms in place for malpractices. 

Thereafter, Customs officers sent sick leave notices for one day in September 2016. They disagreed with the proposed Customs Act.  They want the present Act amended.  Finance Minister Ravi Karunanayake had not given them an appointment to discuss the matter, despite three requests.

Government Medical Officers Association has strongly opposed the government on economic issues such as the budget, and the ECTA. They have antagonized the government. GMOA said the government has cut down vehicle permits and did not grant good schools to their children when they received the transfer and or returned from abroad.

There was also a problem with Grade One admission. GMOA said that only     20 out of 138 children had got good schools. When the doctors went to Isurupaya they were made to wait for hours, air condition was switched off and their car tyres deflated.   The TV   news showed the fans come on the minute they left Isurupaya. An order had been obtained Magistrate’s court and they had to leave the premises.

GMOA    embarked on a series of strikes. GMOA started, I think, with its token strike of 30.11.2016  in which they were joined by the Government Dental Surgeons Association and Government Ayurveda Medical Officers Association.  They were striking for many reasons, including Yahapalana’s health policy, removing the facility of a pension for new recruits to the government sector, taxing public servants, exposing job market to foreigners and the budget proposals which the government was not interested in discussing with them.

This strike was successful, but patients were furious.  The government said that they would give the disturbance, availability and transport allowances and will increase the other allowances. GMOA had another strike on 5.5.2017

In April 2017, seven trade unions attached to the Ceylon Petroleum Corporation (CPC) including Petroleum Joint Union Alliance and CPC Sri Lanka Freedom Workers Union threatened to strike over three national issues. The three issues were Yahapalana’s decision to sign a pact with India on the Trincomalee oil tanks, the renovation of the Sapugaskanda oil refinery and abandoning plans for Hambantota oil refinery. They said that their struggle is for the country, not themselves.

The Petroleum Joint Union Alliance said it opposed the proposal to transfer operational rights of oil tanks to India since the agreement would benefit only the Indian companies and will help the Indian Oil company to expand further in the island. The Unions also wanted the government to shelve plans to build a new oil refinery with Chinese assistance at Hambantota and immediately begin repairing the existing refinery near Colombo.

Several Ceylon Petroleum Corporation (CPC) trade unions launched an island-wide strike from midnight on 23. April 2017, against an alleged decision by the government to sign an agreement with India regarding the oil tanks in Trincomalee. The cabinet has approved the lease of the entire tank farm to India, they said. If Prime Minister Ranil Wickremasinghe gives in to Indian demands and decides to lease it to them, the unions will take action. The unions called off the strike the next day following an assurance given by Prime Minister Ranil Wickremesinghe that he would not enter into an agreement with India on the Trincomalee Oil Tank Farm. The other demands they made were, of course, the renovation of the Sapugaskanda oil refinery and bringing Hambantota oil refinery under the CPC.

Then the unions heard on April 28 an MOU is to be signed with India. if any such thing takes place, CPC workers will occupy their workplaces, and if that does not put a stop to the matter, there will be a work stoppage they will for a few days ensuring that there is no disruption of hospitals and air travel. The refinery will also be kept going for a couple of days, but if Prime Minister  Wickremasinghe still gives in to Indian pressure, they will stop work at the refinery and disrupt fuel supplies to aircraft as well.

They went on strike, eventually on 25.7.17. The government promptly declared Petroleum distribution an essential service, sent in the army and squashed the strike. Television news showed the union leaders, about seven of them at least, bundled into vans and taken away by the police and then the cameras showed attackers with poles going at the rest.

This matter is now escalating. There was a rumpus In Parliament.  MPs charged that the Yahapalana government had employed thugs to attack the strikers and the police had looked the other way.  Island editorial of 28.7.17  said Armed to the teeth and in full battle gear, hundreds of soldiers launched their Entebbe-style offensive, with zero resistance from unarmed oil workers, helped bring the CPC facilities under military control in next to no time! The troops were backed by the STF in the task. After the army and the STF had secured the ‘enemy territories’ a group of club-wielding Yahapalana goons swung into action to carry out mopping-up operations around the Kolonnawa oil installation. They can be seen in the photographs we have published. The goons who set upon the CPC workers can be easily identified. none of the goons who assaulted the CPC workers had been arrested”.

Political parties and civil organizations opposed to the handover of the Hambantota and Trincomalee oil tank farms to China and India respectively are organizing a series of demonstrations. A mass demonstration organized by the JVP will be held in Ambalantota on 28.8.17.  Trade unions are also getting worked up. The Ceylon Teachers’ Union (CTU), Free Trade Zones and General Services Employees Union (FTZGSU) and several other associations are currently discussing what action they should take.. CTU condemned the goon attacks on the CPC workers. It remains to be seen whether a general strike will develop from the Petroleum strike of July 2017.

The port and petroleum unions are determined to pursue the Hambantota matter. Petroleum trade unions remain confident. They say that after discussion with the President,  they have suspended their strike till August 1  These two sets of unions have given the government one week to reverse its decision to lease out the Hambantota Port to a Chinese company with the petroleum oil tanks.

The one-day token strike by All Ceylon General Ports Employees Union (ACGPEU) scheduled to be held on the 28.7.17 had been postponed till August 1 to allow the government more time to reconsider the matter. The   Union said that Hambantota Port could have generated a higher revenue if it had commenced bunkering operations in partnership with the Ceylon Petroleum Corporation (CPC) and Sri Lanka Ports Authority (SLPA).

The Union noted that even though the revised agreement had increased Sri Lanka’s share to 30 percent from 20 percent, it was not acceptable as the two companies in which Sri Lanka was given the majority shares would basically provide services to the port and be without control over the main operations of the port. If a foreign company got hold of the Hambantota, it would, with superior technology and ability to invest, make huge profits and deprive the Colombo Port of its income.

It is now very clear, observed Chandraprema that the country is moving towards a massive general strike. Chandraprema looked back at the GMOA strike of May 2017. This strike, which was mainly anti-SAITM token strike, kicked off with unions from the transport, energy, and education sectors joining in. This was just a trial run, said the unions, to show the government what to expect. Some unions did not actually go on strike but held demonstrations during lunchtime to express solidarity with the strikers.  

The strike was entirely on policy matters without any inclusion of wage or working conditions issues. This is a new development that has to be taken note of by the government, continued Chandraprema. The Ceylon Petroleum Corporation strike some days ago was on the three demands of shelving the plan to lease the Trincomalee oil tank farm to India, the modernization of the Sapugaskanda oil refinery and the handing over of the Hambantota port bunkering facility to the CPC.  GMOA strike was based on the three demands of nationalizing the medical course at SAITM, shelving the proposed ETCA with India and halting the privatization or ‘foreignization’ of state-owned assets.

The strike was successful in the medical sector, with mixed results in the education and transport sectors. That there was major disruption in the education and transport sectors, especially the railways, was undeniable. What was most significant was the wide range of sectors that expressed support for the anti-SAITM strike. Port workers, CEB unions and postal workers staged demonstrations in support of the strike concluded Chandraprema. 

Yahapalana has not hesitated to repress the strikes and demonstrations.  Soon after the anti-VAT hartal in August 2016  shops of three traders in Pettah who had taken part in the anti Vat Hartal were sealed by the customs. ‘Asian trader’, ‘Anglo shirt’ and ‘Romax ‘of Keyzer Street, these were small establishments.

Prasad textiles’ in Piliyandala, belonging to the President of the Federation of Traders associations, ‘India Dress Point’ in Anuradhapura, belonging to the Secretary of the Federation of Traders Association and ‘Hemara Rich look’ in Galle had been sealed. ‘Colombo shirts’ in Pettah also sealed. Yahapalana was using intimidation to stifle dissent ahead of reintroducing the  Vat Bill.

Yahapalana did not care that the Anuradhapura owner was the principal financier of Maithripala Sirisena in Anuradhapura. ‘Prasad’ and ‘Hemara’ owners had also played a leading role in financing the UNP campaign in their areas.   ‘These traders said they would complain to the Human Rights Commission, and present Fundamental rights petitions in the Supreme court against the repression launched by the government and also inform the public and the international community about ‘this harassment’. 

The Cinnamon Gardens police informed the Colombo Chief Magistrate’s Court on March 2017  that they intended to file charges against National Freedom Front (NFF) Leader and Parliamentarian Wimal Weerawansa and six other party activists for allegedly providing leadership to a protest which blocked the main roads at Bauddhaloka Mawatha, causing disturbance to the people and the normal flow of traffic.

On February 6, 2016, the NFF staged a protest march against the visit of United Nations High Commissioner for Human Rights, Zeid Ra’ad Al Hussein. Police informed Court that the suspects who organized the procession had failed to obtain the prior permission from the police to organize the march. They further alleged that the organizers had also used loudspeakers without a valid license.

Five civil activists, including Gunadasa Amarasekera who had supported the disabled soldier strike, were noticed to appear in court for allegedly organizing a protest in Colombo Fort, causing disturbance to public peace and disrupting traffic.

Yahapalana has used force to break up strikes and demonstrations. In February 2017, the police used force to disperse JVP led port workers’ demonstration, which demanded that the Yahapalana government abandon plans to privatize Colombo, Trincomalee and Hambantota harbors.  They refused to call of the protest and the police fired tear gas. A member of the police anti-riot squad was shown grappling with a Buddhist monk at the Lotus Junction, Colombo before using tear gas and water cannon to disperse a protest march organized by the Inter-University Bhikkus Federation (IUBF) in April 2017. The Federation was demanding an immediate increase of the university intake this year.

University students, doctors, and SAITM parents had conducted several agitations regarding the private medical college, South Asian Institute Technology and Medicine, at Malabe Government used tear gas and water cannon on both the parents and the students to disperse them in March 2017. The police said that several main roads including the Galle Road, Kollupitiya Junction, Lotus Roundabout, Ceramic Junction, Olcott Mawatha, Lake House Roundabout, Lipton Circus, Parliament Roundabout had to be closed owing to protests.   Strong water cannon was used to crush the student protest at Lipton Circus on 23.7.17. This was shown very clearly on TV news.

Patali Champika Ranawaka warned that there should be a limit to public protest and anti-democratic detonations.  The government will not tolerate an attempt to wreak havoc, he said. Tissa Vitarana said the LSSP rejected his statement. People have the right to protest and express their objection to issues. Ven. Muruththettuwe Ananda,  also said that the government was planning to suppress people’s right to express dissent. Severe action would be taken by all trade unions against the government’s plan to limit public protests in the city, he declared. The government has begun its dictatorial journey. It is crushing trade union action and students struggle continuously, said Ryp van Winkle. 

Appendix.

The Department of Posts and Telecommunications faced several strikes in 2018. There was an indefinite strike launched on May 11. 2018 by 24 Postal Trade Unions consisting of more than 26,000 employees. This ‘caused Chaos Island wide’. The strike was called off when the government promised to look into their grievances.

The government did not do so. The postal trade unions thereafter started a 16-day strike action from 11th June 2018. 21,000 postal workers affiliated to 30 trade unions struck work.  3,410 Sub Post Offices and 653 Post Offices remain closed. Mail trains stopped operating.

The unions wanted the Postal Service converted to a ‘Closed Service”.  They wanted a suitable new recruitment policy and job security for acting postmasters. The government was planning to recruit outsiders as postmasters when there were acting postmasters who had served the department for 7-10 years.” There were salary issues and the unions wanted the officer who had ‘brought about these issues,” removed.

3,000 of the striking postal workers assembled opposite the Fort Railway station, obstructing traffic, before marching towards the Presidential Secretariat. The police halted the march using barricades and allowed some trade union leaders to enter the Presidential Secretariat for the scheduled talks. The government said that the leave of postal workers had been canceled and those who did not report for duty would be deemed to have vacated post.

When the strike went into the 2nd week, the Government took countermeasures. Motorists were directed to pay traffic fines at District or Divisional Secretariats. Court documents, mainly summons, with regard to civil cases, usually sent via registered post, would be sent through a fiscal, or Grama Niladhari. The Examinations Department told candidates sitting State exams, to go for the exams, even if they have not received their Admission forms.

In January 2018 Ceylon Electricity Board (CEB) employees had a sit-in strike in the headquarters building.  they took the Chairman hostage. The police went in with batons to rescue the CEO and chase the strikers out. There was strong resistance and the operation took 5 hours. it was chaos with employees screaming Television news showed the event. (https://www.youtube.com/watch?v=yDXTvbPtzJk)

The Government Medical Officers Association (GMOA) said doctors of the western province would stop the private practice on 29.11.16 against the budget proposal to tax government employees in private practice. The previous day they staged a lunch hour protest demanding that the government solve several issues relating to them, arising from the Budget 2017. 

GMOA threatened to strike on July 2018. Citing a series of demands the government had failed to meet. The chief demand of theirs, an increase in the Disturbance, Availability, and Transport (DAT) allowance had been delayed for over a month now. The DAT allowance is calculated based on a formula and is increased from time to time. Both the Salaries and Cadres Commission and the Health Ministry recommended an increase but the Treasury had not yet made an official announcement,” 

The Joint Council of Health Professionals (JCHP) issued a warning on 16.11.17 that trade unions in the health sector would resort to a token strike to pressure the government to rectify salary anomalies caused by a new salary structure introduced to the Railway Department. Sixteen health sector trade unions including Government Registered and Assistant Medical Officers (SRAMO), Government Nursing Officers Association (GNOA), ProfessionsSupplementary to medicines (PSM) and Paramedic trade unions would join the strike. “We are not against salaries being increased for railway workers, but the government should also increase the salaries of the health services employees. Approximately 50,000 health sector employees would strike, affecting OPD services, clinics, ward services, and laboratory testing services in government hospitals.

The media reported that Sri Lanka Immigration and Emigration Officers’ Association (SLIEOA) announced that it will commence a work-to-rule campaign from midnight of May 18, 2018, at all port and airports of the country, until their grievances are addressed. The SLIEOA says it has been urging the government to address several long-standing concerns, including the introduction of a service minute, attaching Immigration officers to foreign missions and re-establishment of the Departmental Prosecution Unit. The Airport & Aviation Services (Sri Lanka) Limited had promised them an Rs 10,000 increase in 2015 but this increase has not been paid for the last three years, they complained.

“We don’t want to tarnish the image of the country by giving a negative impression to foreigners. That is why we delayed trade union action for so long. We waited till March to distribute leaflets to raise public awareness of our grievances. We will hold a silent banner protest opposite the BIA, the union said.” 

During the strike, Airport Sri Lanka Freedom Party Union (ASFPU) members had blocked all three entrances to the Airport using backhoes and other vehicles. The Police, Special Task Force (STF) and anti-riot squads had been called in. The aviation sector, however, was operational and security and air traffic controllers continued to function during the strike. the strike was called off when authorities agreed to t pay the allowances.

There was a spate of railway strikes, in 2017, 2018, and 2019. These were given much publicity in the press and television. The public was furious over these strikes and said so when interviewed on television.

 railway unions decided in November 2017 to launch a strike at midnight demanding the rectification of salary anomalies. Railway Trade Union Alliance said the government had failed to place them on suitable salary scales and had been dragging its feet on rectifying anomalies. The strike will be joined by the drivers, guards and station masters.

There was a train strike again on 7 December 2017. There was an indefinite strike of engine drivers, guards and workers, and several other categories, in August 2018. Television news showed the staff using the time to clean the stations and repair the rail tracks.

Railway unions launched a two-day strike on June 2019. ” they will conduct a strike each Friday if the government does not address their grievances the Locomotive Engineering Operators’ Union said.”If the government does not solve the issues we face, we will strike from 27 midnight to 28 midnight in June. All railway unions will take part.

they launched an indefinite strike at midnight on 3rd July against Transport and Civil Aviation Ministry Secretary’s refusal to interdict a trade union leader Bandara on recommendations made by the General Manager Railways. .GMR had recommended disciplinary action against the trade union leader who had been allegedly found drunk while on duty.  The GMR had handed in his resignation, saying that he couldn’t serve unless the errant worker was appropriately dealt with.

Around 15,000 non-academic staff members from 15 state universities launched an indefinite strike on February 28. 2018. 15 universities including the Open University of Sri Lanka were affected and all examinations and academic calendar had to be postponed.

“We suspended our strike which commences on August 27, 2016, following the government’s promise to increase payments from January 2017,” this was not forthcoming, and they struck work in February 2017. the University Grants Commission’s (UGC) promised to grant their demands after talks with the Finance Ministry, but that promise was not honored though one year had elapsed. . we will not tolerate step-motherly treatment anymore. we were cheated by the government repeatedly for the last 10 years. Universities cannot run without us, said the union. “

The demands include salary increments, implementing the agreements reached in 2016 to grant them allowances,    amending the recruitment policy in practice since 2006 and the resumption of payment of the language proficiency allowance, suspended from 2011.

As the strike dragged on, into April, the strikers threatened to withdraw from the voluntary services they were carrying out. University Trade Union Joint Committee said that despite the strike, their members had provided voluntary services for certain facilities. They had continued to look after the animals in agriculture faculties and zoological research facilities, maintain services at the chemistry laboratories in medical and science faculties provide water and electricity for universities and hostels and other daily mandatory services. “If our members withdraw from such essential services, the university authorities will have to bear an enormous cost to maintain them.

Members of the University Executive Officers’ Association decided to withdraw from extra duties in solidarity with nonacademic staff. They had written to Minister of Higher Education and the Chairman of the University Grants Commission (UGC) requesting them to address the grievances of nonacademic staff members.

The employees of the National Water Supply and Drainage Board (NWS&DB engaged in strike action from February 2, 2018. the strike was called off after officials from the Board agreed to their demands for a salary increase of 25%.  What they have asked for is not unfair. They are usually given a salary increment of 25% to 30% once in three years,” the General Manager said. We have accepted their demands and are willing to give them a 25% salary increase,”

The administrative officers in the service sector are planning to strike reported the media in July 2018. All-Island Service Executive Officers Joint Committee said the union would strike if it does not obtain a formal response from the government regarding their complaints. They were unhappy over the government’s decision to raise only the salary of workers in the legal profession. A total of 20,000 members of this union reported sick on July 11 as part of union action, and a number of them staged a demonstration outside the Presidential secretariat before handing over a letter for the President’s Secretary.

There were other strikes too. Ceylon Petroleum Corporation was on long term strike starting on 25.7.17. Accountants,  nurses, container drivers and tipper drivers engaged in strikes. Minor health employees of Wellawaya base hospital struck work as they were not paid OT, deprived them of their leave and various other demands.  Disabled military personnel and family member staged a protest at Lotus rod demanding that they are paid their dues.

Fisheries Minister Mahinda Amaraweera told Parliament that a pressing need had arisen to name a particular place for the protest to be held. The Minister said that a new trend of people of various walks of life holding demonstrations and protests had been noticed in the recent past. Those protests and demonstrations placed other people in great difficulty, the minister said, adding that protests had become one of the main reasons for traffic congestions. The government should designate a place for protests. That place should be accessible to media, too, he said, but added that if the media stopped showing protests on TV for four consecutive days then the protesters would stop taking to the streets.

The government did not hesitate to take repressive action. Police arrested over 30 persons for disrupting the train service at Negombo during the transport strike of December, 2016. Labor department officers found that the earlier strikers will not be paid for the days they were on strike. When postal strikers went to President House, a police barricade was put up, Police used water cannot and tear gas to disperse protesting unemployed graduates as they tried to approach the Presidents House. (to be continued)

Democracy sans elections – PC elections too postponed – The Dengue Fine should be imposed on President. Udaya Gammanpila

July 28th, 2017

Translated by A.A.M.NIZAM – MATARA

The Provincial Councils Election (Revised) Act draft bill published by a gazette notification on 10th July is to be presented in the Parliament this week.  The objective of this draft bill is to introduce a Law stating that the female representations in the Provincial Councils should at least be a minimum o 30%.  We totally agree for that we do not mind even if it was made a minimum of 50%.  But we have a suspicion whether this government is in a spurious attempt to postpone Provincial Council elections similar to the postponement of Local Government elections?

This was stated by Parliamentarian Mr. Udaya Gammanpila, the leader of the Pivithuru Hela Urumaya addressing a media conference at held at his party headquarters.

Earlier there was rule that 40% of the candidates for Local Government Elections should be youths.  Accordingly the subject Minister should notify through a gazette the number of candidates and the number of youth candidates to be included in a nomination list. But in this Act there is no ruling as such.  It has not even being mentioned the number of female representatives who should from each district.  It should be counted as 30% of the total number of candidates.  As per the Act if there were decimals it should be counted as the closest full number.  For example if the number was 6.5 should it be taken as 6 or should it be taken as 7 because 6.5 is closest to both numbers 6 and 7.  The Alliance will put 6 candidates in their list and the JVP will put 7 candidates in their list.  As per the new Act if there is no 30% minimum the nomination list should be rejected.   In such an instance the JVP will raise objections saying that since the female representation in the Alliance nomination is not proper that list should be rejected.  But the alliance will say that the female representation of 6 candidates is correct.  Now what figure will be accepted by Election Commission – whether it is 6 or 7?

After getting this Act approved the Election Commission will say that the ICC has not formulated the rules properly and until it formulates the rules that they cannot perform the umpire’s job. Or else they would say that the pitch has not been made properly and until the pitch is made properly they will not allow to play the match.  Finally what will happen is the indefinite postponement of the Provincial Council Election also similar to the postponement of the Local Government Elections.

Therefore, an amendment should be brought to this if people’s sovereign right of casting their votes is to be protected without allowing to interfere in it.  To avoid the female representation becoming a strategy for postponing elections, an amendment should be incorporated in the Act stipulating that the Election should announce the female representation required for each district by a gazette notification on the very day of announcing the date of holding the elections.  Otherwise the disease that affected the mini election could get afflicted to the Provincial Council Election as well.

Meanwhile, the government has announced that the constitution would be amended with a view to holding all Provincial Council Elections on the same day. It has said that he current method of holding elections in different regions on different days had resulted in the waste of resourc, inconvenience to the public, violence associated with polls activities, electoral fraud and misuse of state-owned properties. The cabinet has approved a proposal by Prime Minister Ranil Wickremasinghe to amend the Provincial Council Election Act ti ensure that elections to all provinces should be held on the same day.

Addressing another PHU media conference MP Udaya Gammanpila said that due to the inefficiency of the inept government the official number of dengue patients has exceeded one lakh and the dengue death toll has exceeded 300.  The real situation is more dangerous than this. Today the hospitals are overflowed with dengue patients and you find dengue patients sleeping not only in hospital beds but also sleeping on tables, underneath the beds, on steps to upper floors and on corridors. Under this situation the patients are even compelled to obtain treatment by remaining in their houses.  Details of these patients are not included in government reports. Yet, even after 3 months the government has not been able to control the dengue mega epidemic situation.  Therefore we request the government to announce a dengue medical emergency situation.

What the government has to do initially is to postpone non emergency operations for one month. If there was a temporary control on patients with non critical operation requirements and endurable conditions getting admitted to hospitals the beds required by them could be allocated to dengue patients. Similarly if there was a temporary control on patients getting admitted to hospitals for non-emergency tests the beds required by them also could be allocated to dengue patients

More than all this the indigenous treatment methods are very important.  There is no treatment method or medicinal treatment for dengue under western medical science.  What is being done under the western treatment methods is the control of complicated situations arising due to the illness. But under the indigenous treatment system there are numerous treatment methods to cure this disease.  I am personally aware of incidents of curing dengue patients who were about to die through indigenous treatment.   But there is no recognition for those doctors by the government. Patients continue to die and get subjected to complicated situations but there is no government programme to direct these patients to indigenous doctors.  Therefore we request the government to focus its attention on indigenous treatment methods.  Unfortunately a nation that eliminated the cruel terrorist tiger is struggling without being able to eliminate the tiny dengue mosquito.

The government now file cases and impose fines for people having places that contain dengue mosquito larvae.  If these larvae were found in a house, the head of the household gets fined.  If they were found in a factory or in an industry the owner of the factory or the industry will get fined.  If they were found in a school the Principle of that school will get fined. Then who should be fined for prevailing dengue mosquito larvae in the country for several months? The government may take concrete action to control dengue only if the President was imposed a fine on a daily basis. (niz)

ණය ගෙවන්න වරාය විකිණීමේ බොරුව සහ ඇත්ත

July 28th, 2017

ශ්‍රී ලංකා වරාය අධිකාරියේ ඉංජිනේරු සහ විධායක නිලධාරී සංගමය

ණය ගෙවන්න වරාය විකිණීමේ බොරුව සහ ඇත්ත යථාර්තය..!!!

2016 වසරේ ශ්‍රී ලංකා වරාය අධිකාරිය උපයන සමස්ථ ආදායම රුපියල් බිලියන 44 කි.. ඒ ආදායමෙන් මෙහෙයුම් වියදම්, පරිපාලන වියදම්, ”ණය පොලිය” සහ වෙනත් වියදම් අඩු කිරීමෙන් පසුව පසුගිය 2016 වසරේ ශ්‍රී ලංකා වරාය අධිකාරියේ ශුද්ධ ලාභය රුපියල් බිලියන 11 කි (රුපියල් මිලියන 11,000).. එය 2015 වසරට සාපේක්ෂව රුපියල් බිලියන 5ක වැඩි වීමක්..

ශ්‍රී ලංකා වරාය අධිකාරිය එම වසරේදී ගෙවූ සම්පූර්ණ ණය සහ පොලී මුදල රුපියල් මිලියන 16, 700 කි.. එයට රුපියල් මිලියන 7, 100 වූ 2016 වර්ෂයේ හම්බන්තොට වරායේ ණය පොලී වාරිකයද ඇතුලත්..

ණය ගෙවීම සදහා වරාය විකිණීම අනිවාර්යයෙන් කල යුතු යැයි යහපාලන ආණ්ඩුව උදේ හවා බොරු බේගල් ඇද බාමින් සිටින්නේ මෙවැනි තත්වයක් තුලය..

වරාය අධිකාරිය මේ ආදායම මූලිකව වාර්ථා කරන්නේ මීටර් 14.25ක් පමණක් ගැබුරු කොළඹ වරායේ ජය බහාළුම් පර්යන්තය (Jaya Container Terminal – JCT) සහ හම්බන්තොට වරායේ වාහන රැගෙන එන නෞකා මෙහෙයවීමෙනි.. ජය බහාළුම් පර්යන්තයේ නොගැඹුර නිසා 2015 වසරේ පමණක් වරාය අධිකාරියට අහිමි වී චීන සමාගමකට වැඩි කොටස හිමි CICT (Colombo International Container Terminal) පර්යන්තයට ගිය ‘විශාල නෞකා’ සංඛ්‍යාව 194 කි..

මීට විසඳුමක් ලෙස වරාය ආදායම කිහිප ගුණයකින් ඉහළ දැමීමේ හැකියාව ඇති වරාය අධිකාරිය සතු මීටර් 17 කට වඩා ගැඹුරු කොළඹ වරායේ නැගෙනහිර පර්යන්තය (SLPA’s Eastern Container Terminal – ECT) සහ මීටර් 17 කට වඩා ගැඹුරු හම්බන්තොට වරායේ නවතම බහාළුම් පර්යන්ත සම්පූරණ කොට මෙහෙයුම් කටයුතු සදහා යොදා ගැනීම කල හැකි වූවත් මේ යහපාලන ආණ්ඩුව එවැනි සංවර්ධනයකට යොමු වීමට අදහසක්වත් නොපෙන්වයි..

ඉදිවෙමින් පවතින මේ වරායේ ප්‍රථම අධියරේ බහාළුම් පර්යන්ත මේ වන විට ඉදිකිරීම් අවසන් කර ඇති අතර බහාළුම් මෙහෙයුම් දොඹකර ඇතුළු උපකරණ සවි කිරීමෙන් පසු නුඳුරු අනාගතයේ බහාළුම් මෙහෙයවීම් පහසුවෙන් සිදුකල හැකිය.. හම්බන්තොට වරායේ ‘සල්ලි ගස සොලවන්නට හැක්කේ’ මෙම බහාළුම් නෞකා මෙහෙයවීම් ඇරඹුණු පසුය..

එසේ බහාළුම් මෙහෙයුම් නොමැතිව තිබිදී පවා හම්බන්තොට වරායේ ආදායම ඉහළ ගිය හැටි මෙසේ සරලව දැක්විය හැක..

2011 වසරේ රුපියල් මිලියන 11
2012 වසරේ රුපියල් මිලියන 135
2013 වසරේ රුපියල් මිලියන 565
2014 වසරේ රුපියල් මිලියන 1277
2015 වසරේ රුපියල් මිලියන 2145

සත්‍යය පැහැදිළි කරනවා වෙනුවට අසත්‍යයම පවසමින් රටේ ජනතාව නොමඟ යවමින් තම පටු ලාභ හොයන ආණ්ඩුව මේ වරාය ක්ශ්‍රේත්‍රයට කරමින් සිටින හානිය සුළුපටු නොවේ.. ජාතික සම්පත් විකුණා දමා රට මංකොල්ල කෑමට එරෙහි වීම මෙරට සියළු පුරවැසියන් සතු යුතුකමක් නොව වගකීමකි..

මේ පිළිබඳව විස්තර කෙරෙන ශ්‍රී ලංකා වරාය අධිකාරියේ ඉංජිනේරු සහ විධායක නිලධාරී සංගම් 4ක් ඒකාබද්ධව නිකුත්කල මාධ්‍ය නිවේදනයක් මෙතැනින්..

https://drive.google.com/…/0B-EzJso25PxqSGFwbG9yWF9QYU0/view

O Zorro, Zorro, wherefore art thou Zorro?

July 28th, 2017

BY MALINDA SENEVIRATNE

There’s a singular vacancy in this country, according to some.  Ranil Amirtthiah of the popular local band ‘Black,’ whenever he speaks and in whatever forum he chooses to do so, is often poetic but sometimes he flushes subtlety down the tube.  He says it straight from the heart, always.  This is clearly evident in a vacancy ad he posted a few hours ago.  
 
Post: Sri Lankan ZORRO. Area of work: Colombo and suburbs. Job description: to terrorize those “selfish Essential service blackmailers”, whip them and show them the righteous path of service to the nation. Salary:the entire nations gratitude.
For those who may not be familiar with the name and legend, here’s a wiki-intro:  
Zorro (Spanish for “fox”) is the secret identity of Don Diego de la Vega, a fictional character created in 1919 by pulp writer Johnston McCulley. He is a Californian nobleman living in Los Angeles during the era of Mexican rule (between 1821 and 1846),[1] although some movie adaptations of Zorro’s story have placed him during the earlier Spanish rule.  The character has undergone changes through the years, but the typical image of him is a dashing black-clad masked outlaw who defends the commoners and indigenous peoples of the land against tyrannical officials and other villains. Not only is he too cunning and foxlike for the bumbling authorities to catch, but he also delights in publicly humiliating them.
Ranil was of course referring to the current strike by Ceylon Petroleum Corporation workers which is inconveniencing a lot of people, especially those who own vehicles.  ‘Throw them out,’ is a call that has gathered momentum with respect to striking workers.  It is a call that has found some currency in certain circles with respect to striking doctors as well.  
Not all the objectors to strikes are regime-defenders, let us acknowledge this first up.  It is about inconvenience and it is about outrage; anger about services considered to be ‘essential’.  Let us also remember that many of those who are today saluting the Government for ‘sending in the Army’ were chest-beating moral-high-horse objectors when the previous regime opted for such strategies.  One might bet that should the petroleum workers resist and resistance was met with force leading to two or three or more being killed, the very same people who cried with horror over the Rathupaswala killings would say ‘the hooligans deserved it!’  
 
Yes, it is a story about political loyalties and the moralizing doesn’t quite hide the fact.  The more honest among the advocates of force have demonstrated some nostalgia for the preferred opposition-quelling methods of the previous regime (sans white vans, the advocates hastily add).  That tells a story. 
Let’s ignore the political colour of all this.  Let us focus on the scenario sans loyalty.  It boils down to hope or versions of the same hope: a (benevolent) dictator.  Not too many people are stopping in their tracks to ask themselves, ‘wait a minute, wasn’t yahapalanaya (good governance) about better systems and not about personalities?’  
Ranil has not spelled out ‘dictator’.  He has instead called for a hero who will dash in, whip the pants off the rascals, offer infinite relief to long-suffering citizens and dash out. Just like that! 
Now one could argue that this ‘Zorro-Option’ need not be unleashed only on striking workers but on all those who err including politicians and everyone benefiting from or supporting a system that is flawed, makes for the making of dictators and containing all kinds of loopholes for theft and the escape of thieves.   The problem is that is focuses on individuals and not systems.  
 
If our hero, as he rides into the proverbial sunset, deigns to look back, he will no doubt find a flawed system more or less intact.   
Here’s another FB post that gives perspective: 1) No petrol in the sheds, 2) Doctors on strike, 3) When they are not on strike there is still a dearth of medicines, 4) People are dying daily from Dengue, 5) There is no proper solid waste disposal system, 6) The forests are being cut down but the President proudly says the Environmental Ministry is under him, 7) There is cocaine instead of regular retail goods in SATHOSA containers, 8) When a politician is found guilty of wrongdoing he is fined Rs 2000.00, 9) The failed Uma Oya Project is rendering people homeless, 10) The Parliament approves leasing of Hambantota Harbor to China.  So much more can be added to this.  For example, the ‘logic’ of lumping lotteries with foreign affairs, and of course the hilarious case of the continued pampering of those implicated in the Central Bank bond issue scam.  The question is, can one Zorro clean it all up?  How many Zorros would we need, to put it another way?
A better leader or better leadership would go a long way in curing the country of at least some of these ills, one could argue.  This is why there are some who call not for a Zorro but for a Gota (that’s Gotabhaya Rajapaksa).  Yes, the term ‘benevolent dictator’ is often used when this ‘option’ is discussed.  It’s a hope, obviously and as is typical not a hope that can be obtained from track-record.  However, we have to recognize the fact that one individual is not a front.  
 
One Zorro might make for cheers and some relief, but adventurers, Robin Hoods, brigands and troubadours, romantic as they obviously are, have seldom changed systems or altered the course of history. 
 
At best they offer or make a name or a political moment respectively to a process of system-change already in motion.  In the terms of the political scientist, they give a name to a moment when objective preconditions mature to the point of significant social upheaval.  
This is why we need to debate individual heroes versus collective effort.  Bertold Brecht in Leben des Galilei” (Life of Galileo) elaborated on this ‘Zorror Wish.’  Andrea Sarti tells the would-be Zorro, i.e. Galileo Galilei, Unhappy is the land that has no hero.” And Galileo Zorro, if you will, responds, No, Andrea; unhappy is the land that needs a hero.” 
Of course we can call for ‘Zorro.’ We might even get ‘Zorro.’  We will cheer when Zorro dashes in, but the Zorros in real life don’t ride off into the sunset, they transform into quite un-Zorro-like entities.  No cheering then.  For those who doubt, I invite them to reflect on the Zorros of the past: e.g. Mahinda Rajapaksa, Sarath Fonseka, Velupillai Prabhakaran, SWRD Bandaranaike, JR Jayewardena, Maithripala Sirisena, Chandrika Kumaratunga, Rohana Wijeweera, Ranil Wickremesinghe and (how could we forget?) Yahapalanaya! 

මා විසින් ලියන ලද නවතම පොත

July 28th, 2017

වෛද්‍ය රුවන් එම් ජයතුංග

මා විසින් ලියන ලද නවතම පොත ” Essays on Psychology ” ලියා අවසන් කරා. මෙම පොතේ මනෝ විද්‍යා මාතෘකා ගනනාවක් පිලිබඳව ලිපි අඩංගුයි. මෙම පොත සඳහා මනෝ වෛද්‍ය මහාචාර්‍ය දයා සෝමසුන්දරම් , මනෝ වෛද්‍ය උපාලි පීරිස් , මනෝ වෛද්‍ය ලෝරන්ට් කරීලා (ප්‍රංශය​) , මනෝ වෛද්‍ය රාමි ලලීල් ( ලෙබනනය​) , ආචාර්‍ය ඇමී වචෝල්ට්ස් (ඇමරිකාව​) , අචාර්‍ය මොන්ඩේ ඉග්වේ (නයිජීරියාව​) යන විද්වතුන් සමග මා විසින් ලියන ලද ලිපිද අඩංගු වෙනවා. මේ පොතට පෙරවදන සපයන ලද්දේ පශ්චාත් ව්‍යසන ක්ලමථ අක්‍රමතාවය (PTSD ) පිලිබඳ ලෝ ප්‍රකට විද්වතෙකු වන මහාචාර්‍ය මයිකල් ලින්ඩෙන් විසින්. එම පෙරවදන පහත දැක්වේ.

” Essays on Psychology ” ග්‍රන්ථය ඉදිරි කාලයේදී පාඨයන් අතට පත් කිරීම සඳහා කටයුතු යොදා තිබේ.

Foreword

The book Essays on Psychology”, by Ruwan M Jayatunge M.D., is written for psychology undergrads and also people who are interested in psychology. As the title states this a compilation of essays” on a very heterogeneous spectrum of topics. There are short texts on selected mental disorders like OCD, PTSD, pain, substance abuse, or schizophrenia. There are others on treatments like EMDR, DBT, meditation, or cannabis. There are several texts on psychodynamic therapy. You can find also pathographias of Gogol, Hemingway and others. Finally there are also essays on cultural or philosophical questions. There are many topics one would not find in other psychology books, from nymphomania to matricide. More important is that the essays regularly refer to Asian concepts of mental illness and treatment, which are often unfamiliar to western readers. The book is no textbook but a stimulating book which covers new topics or gives new perspectives on well known topics. It is stimulating and can therefore be recommended if you want to widen your own horizon and if you are happy to read thoughts different from what you may read otherwise.
Prof. Dr. Michael Linden
Charité University Medicine Berlin

“Ravi’s penthouse bought from funds without origin”

July 28th, 2017

Courtesy The Daily Mirror

The Rs.145 million used in making the initial payment of Rs.16.5 million and thereafter to pay the monthly loan installment of Rs.11 million for the controversial purchase of the Monarch Residency Penthouse in Colombo by a company owned by Minister Ravi Karunanayake’s family, has no origin nor has it been accounted for according to what was revealed at the PCoI today.

Testifying at the inquiry, Chief Financial Officer of the Global Transportation and Logistics Pvt Ltd (GTLPL), Mr B.R. Chinnaiya explained the manner in which the Monarch Residencies Penthouse had been purchased.

The witness, who has 36 years of experience in the banking field had been also appointed to the Board of Directors of the BOC in 2015 by the then Finance Minister Ravi Karunanayake for a period of one year.

* ASG Yasantha Kodagoda hints at money laundering

* Rs.145 million unaccounted money in GTLPL Chairman Lakshmi Kanthan’s safe

* GTLPL Chief Financial officer B.R. Chinnaiya makes startling revelation at inquiry

It was earlier revealed that Minister Karunanayake and his family occupied a Penthouse at the Monarch Residencies for eight months on a lease basis and the monthly lease rental of Rs.1.45 million was paid by Arjun Aloysius.

Subsequently the penthouse had been purchased for Rs.165 million by GTLPL, in which Minister Karunanayake’s wife Mela and daughter Onella were directors.

According to the witness, the GTLPL has two major share holders, 30% acquired by a foreign company headed by the GTLPL Chairman and 70% owned by a company known as OSM Holdings, in which Ms. Karunanayake and their daughter Onella are directors.

The witness said he was instructed by these two directors to obtain a loan and purchase the Penthouse in July 2016 for the use of the Chairman and the family or to be uses when foreign guests are required to be accommodated.

The witness said he then negotiated with the Seylan Bank for the loan but had no negotiations with the price at which the GTLPL would buy the apartment.

It was told that there was an advance payment of Rs.16.5 million had to be paid to the owner of the Penthouse.

However, it was revealed during the evidence that the GTLPL did not have that much money in there account at the time.

He said directors Ms Karunanayake and daughter Onella, instructed him to get the Rs.16.5 million from the Chairman’s safe at the company and pay the initial payment as they had obtained his permission to do so. Mr. Chinnaiya said there was Rs.25 million in the Chairman’s safe.

Later, a loan of Rs.150 million had been granted by the bank on a mortgage to buy the Penthouse.

It was also revealed that the witness had told the bank that the Company wished to buy the Penthouse to rent it out and the rental payment would be directly allocated into the repayment, though it never happened.

The GTLPL agreed with the bank to repay the loan in 15 installments of Rs.11 million each.

The witness said nine installments had been paid so far using the liquid cash available at the Chairman’s safe at the GTLPL.

In a shocking revelation, when he was questioned about the origin of the money, the witness said Chairman ‘Lakshmi Kanthan’ who resides in Britain had arrived at the Company on two occasions in February 2016 and 2017 and dumped cash amounting to Rs.145 million in the Chairman’s safe.

The witness said that the Chairman had handed him Rs.70 million to be kept in the safe in February 2016 and later another Rs.75 million had been given in February 2017.

It was revealed that the witness had accepted the cash on the two occasions and it had not been supported by any documentation or receipt issued to Mr. Kanthan neither were there any entries in the GTLPL accounts books regarding these two cash inflows.

It seemed that the Commission and the Additional Solicitor General Yasantha Kodagoda who led the evidence were shocked with the comment of the witness and continued to question him about the origin of the money.

The witness said he never questioned his Chairman Kanthan over how the money was generated.

Justice Prasanna Jayawardena and Justice KT Chithrasiri asked the witness on what basis, being a prudent banker himself, had accepted the money by not verifying its origin. And the Commission also questioned the possibility of the practice that such a large amount of money being kept in a safe without allocating it to the business.

ASG Kodagoda was also of the view that there could be criminal aspects, such as money laundering, deriving through such practices.

On being questioned by the ASG, the witness said the Chairman’s safe was of medium size and that he had brought the money in two parcels to be placed in the safe.

Adding some amusement to the query, ASG Kodagoda commented, the chairman’s safe is like a Perpetual Treasure Box”.

Refering to the statement of accounts presented by the witness of the GTLPL, Justice Jayawardena also questioned the witness relating to the Rs.145 million given by the chairman. The witness was unable to find such an entry in the company’s statement of accounts.

The ASG finally explained to the commission that the initial payment of Rs.16.5 million and the installment of Rs.11 million for nine months had been paid from the money (Rs.145 million) placed in the chairman’s safe by Mr. Kanthan himself, while the origin of that money was not reflected in any documentation. (Shehan Chamika Silva)

The Perpetual Penthouse Delight

July 28th, 2017

By Lucien Rajakarunanayake Courtesy Courtesy The Island

From what we know about a penthouse leased by the former Minister of Finance, there is a very easy way for the Treasury to cut down on the huge amount of money spent on ministerial housing.

It will certainly be very simple for the Cabinet to take a decision on the new plan to meet the cost of such official ministerial housing, with no cost whatever to the citizen – whether taxpayer of not.

All it has to do is decide that the costs of the housing of Cabinet

Ministers will be met by the companies, private institutions or business persons that have business dealings with the relevant ministries, or ministers. Whether it is a two or three storey building, fully furnished, with all other necessary facilities or a penthouse, or whatever other luxury premises will be left to the minister’s pleasure. All that is needed is for the company or person that is engaged in business with the ministry or minister or carrying out business facilitated by the relevant ministry, to sign the lease agreement for the premises.

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Just imagine what a huge saving this would be to the country. With the Cabinet having 44 members – other than the President and Prime Minister – there would be 44 such lease agreements, drawn by key business people, or those who are not very well known in business but do have profitable dealings with the concerned ministries/ministers, paying the best prices in the market – always running into several millions of rupees per month.

With the well-known generosity of the business class, there is no need to restrict this expenditure cut down for the Treasury to be limited to the lease for the premises. The same business house or person, or others who would like to chip in to be of service to a Cabinet minister, could also meet the monthly expenses such as fuel (for vehicles, too), electricity, and even water and gas, as well as the upkeep of the premises, and the salaries of staff, too.

With the President having to call for a delay of Supplementary Estimates in Parliament for the import of luxury duty free vehicles for ministers, due to the expenditure on floods and landslides, that problem could also be easily removed. All that is required is for business houses or persons to make downright payments, with duty paid too, if necessary, for the luxury vehicles imported for ministers. I’ve no doubt there will be a queue lined up to make the down payments for such vehicle imports.

I can’t imagine why we had to wait almost 70 years since gaining independence, and even forty years since the free trade economy of 1977, to realize the possibility of such a system of supplying the housing and other facilities of ministers in good governance.

With it not being secret that ministers, especially the Cabinet type, having more than one residence and several vehicles; the system could be expanded to cover the suppliers of goods to the various departments, corporations and other institutions under a minister/ministry, to chip in to meet these costs.

One such area is the supply of drugs to the hospitals in the country – drugs that must have the official approval. How wonderful it would be to see the importers of drugs calling for tenders or carrying out some other bidding process to decide on who would get the chance to lease out a second residence, or the second, third or fourth vehicles of a minister, and not too far down the line for the spouse of the minister too. Of course, there will be some ministers who will ask that a person who is not one’s spouse, but very close to him or her, should also be considered for such ministerial benefits, and who would refuse that, when it is the stuff of good governance today.

What the former Finance Minister has shown is a huge gift to the nation. It flows from all those millions that may have gone to the wrong persons, places, pockets or banks, from the Central Bank Bonds. Never before has any Cabinet Minister shown the country such a way of saving valuable Treasury funds, other than this Perpetual Beneficiary Minister.

With so much money being saved through this Perpetual Leasing Gambit, there is no need for those in lesser ministerial ranks to be worried out their own facilities, homes, and vehicles etc. This system could very easily be extended to the State and Deputy types too. But the size of the lease will depend on how much the lease-payers benefit from their work. It looks like this will also depend on the business or capital success of the Cabinet Minister they serve under. It is all part of a crooked political – business connection.

We have gone beyond the threshold of a Perpetual Luxury Bargain for Cabinet Ministers. It stands out as a great national promise to all politicians who will hold office. This is the Perpetual Penthouse Delight.

GSLF takes on Tamil Diaspora TNA responsible for LTTE atrocities – Premaratna

July 28th, 2017

BY PANCHAMEE HEWAVISSENTI Courtesy Ceylon Today

Global Sri Lankan Forum (GSLF) was formed in 2016 by Sri Lankan citizens living abroad, with the intention of representing the country in the international arena. Ajantha Premaratna, Project Coordinator for GSLF in an interview with Ceylon Today said that with the eradication of terrorism in 2009, many movements in support of the LTTE emerged in the international arena and they have been engaging in tarnishing the image of the country by producing false facts on Sri Lanka to the international community.

“Many pro-LTTE movements such as the Global Tamil Forum, British Tamil Forum, the Canadian Tamil Forum and the Overseas Tamil Government emerged but there was not a single nationalist movement to counter their false agendas and present the true facts in the international arena” added, Premaratna.

He added that such movements nurtured the Eelam concept outside of Sri Lanka.

“Although, many anti-patriotic movements emerged outside of Sri Lanka, we lacked a true Sri Lankan movement to combat the chauvinist Tamil Diaspora in a bid to restore the lost reputation of the country. That is the main objective of forming the GSLF,” he said.

He also said the aforementioned movements were restricted to a particular ethnicity which projected the idea of racism, but the GSLF is an exception. “We are true Sri Lankans beyond any racial or religious constraints. The chief objective of the GSLF is to restore the fallen reputation of the country in the international arena which was caused by the Tamil Diaspora.

The GSLF which is headquartered in Italy held their maiden conference in September 2016, and representatives from eight countries participated in it. These eight countries are the United Kingdom, Ireland, France, Switzerland, Germany, Italy, Canada, Australia, Israel, Japan and the United Arab Emirates (UAE). Co-Chairpersons and Co-Vice Chairmen are appointed from each country and the Co- Chairman is responsible for coordinating the activities pertaining to the GSLF in that country.

“If the Tamil Diaspora can make a strong presence in the international arena to drag the country into unpleasant situations, why can’t we patriots get together to preserve the sovereignty of the country?” Premaratna asked.

Excerpts

? Could you enlighten us on the significant accomplishments of the GSLF since its inception in September 2016 in restoring the fallen image of Sri Lanka?

A: Well, I can mention many significant accomplishments of our forum. The United Nation’s Human Rights Council levelled false accusations at Sri Lanka and presented false reports. Neither the government nor any statutory body has provided a proper response to these false allegations. There are three reports that have been prepared to accuse Sri Lanka of false war crimes. We thoroughly studied those three reports and retaliated to the allegations. We handed over our reports to the UNHRC last March. We are happy to say that they accepted our dossiers. Our reports are currently under study.

So, I would mention this as a great achievement as we could present the true facts with regard to the war crimes that are said to have been committed by the Sri Lankan Armed Forces.

Our forum was also able to hold a conference in the UN Secretariat along with members of the Tamil Diaspora and other international representatives in June this year and this marked the first-ever conference held by a Sri Lankan organization in the UN. During the conference, we conveyed the message that no war crimes took place in Sri Lanka by the Armed Forces and vehemently emphasized the impartiality of Sri Lanka’s judiciary system and the necessity of implementing a local Court system to inquire into war crimes that are said to have been committed by the Sri Lanka Armed Forces.

We also refuted the allegations by UN representative Monica Pinto in her report on Sri Lanka’s war crimes. She has stated in that report that Sri Lanka’s judiciary system and the judges are not impartial and will not deliver an equitable judgment. The motive of the report prepared and presented by the UN representative was to propose the necessity of a Hybrid Court.

We examined each and every point which was mentioned in the report and furnished the true facts. We managed to portray a true picture of Sri Lanka’s judiciary system’s impartiality.

? What role does Rear Admiral Sarath Weerasekera play in the GSLF?

A: The ulterior motive of those forces and movements in the international arena including the Tamil Diaspora is to charge Sri Lanka’s Armed Forces of alleged war crimes and thus to tarnish the country’s image. Hence, we required a person who can represent Sri Lanka’s Armed Forces in an effective manner in the international stage to expose the ground realities of the war.

Rear Admiral Sarath Weerasekera accepted the challenge and represented the country by undauntedly refuting baseless war crimes allegations levelled by the Tamil Diaspora and some international movements.

So, we requested Rear Admiral Weerasekera to represent Sri Lanka at the UNHRC sessions that took place in March this year.

During the UNHRC sessions, Rear Admiral pointed out that the Armed Forces did not commit war crimes and was engaged in a humanitarian mission of rescuing innocent civilians of about three hundred thousand from the clutches of LTTE terrorists who kept them as a human shield.

? What are the long-term objectives of the GSLF

A: Our objective is a Unitary State. We are prepared to do the needful to preserve it. We also hope to work against the forces that attempt to induce harm to that. We are planning to retaliate against the damaging acts of the Global Tamil Forum and also some NGOs operating in Sri Lanka who act in accordance with the whims and fancies of the harmful global forces that are on a mission to destabilize the country.

We have also investigated the new Constitution that is being drafted. We perceive that the new Constitution would damage the sovereignty of the country and this small country will be broken into pieces. If the new Constitution is implemented, several federal governments will emerge as a result.

Sri Lanka has a small population and for a country of this nature, federal States are not at all appropriate. If the new Constitution is introduced, that will lead to federalism and separatism. That will pave the way for people to be divided than living in one country and in harmony. That will intensify racial disharmony.

? How does the GSLF differ from the Tamil Diaspora because this too consists of members of a Diaspora?

A: The GSLF is steadfast to the country and works towards preserving the sovereignty of the country. Whereas the Tamil Diaspora works to achieve an Eelam State, which will be detrimental to the sovereignty of the country and the co-existence of the ethnic groups.

During the recent UNHRC sessions, a number of members of the Tamil Diaspora presented their cases. They presented fabricated facts before the UNHRC. Their reports say that the Sri Lanka Army is still sexually assaulting Tamil women in the war-affected areas.

One report said that 75 per cent of the student population at the Jaffna University is Sinhalese. These are deceitful. By presenting these types of false information to the international authorities, they attempt to portray that discriminations against Tamils are still going on in Sri Lanka. They are on a mission to obtain sympathy for the Tamil community in Sri Lanka and they do not consider how damaging it is to the country when they tread on a wrong path to achieve that goal.

Those who represented the GSLF at the UNHRC sessions were able to refute those false accusations to a certain extent. Although, the strength of the Tamil Diaspora is comparatively larger than the GSLF, we managed to convey the truth to the international arena. The Tamil Diaspora maintains a strong presence in the UNHRC as a result of being there for a longer period.

I am proud to state the GSLF is the only Sri Lankan organization who made its presence at the UNHRC.

We countered and refuted the false allegations levelled by the Tamil Diaspora that are done to tarnish the image of Sri Lanka.

Based on the true facts that we furnished it is highly likely that the false allegations levelled by the Tamil Diaspora will be discarded by the UNHRC.

? What is the GSLFs notion on implementing a Hybrid Court system in Sri Lanka to probe the war crimes that are said to have been committed by the Sri Lankan Armed Forces?

A: First of all we flatly reject the allegations that Sri Lanka’s Armed Forces committed war crimes.

If any of the soldiers is found guilty of war crimes, the Sri Lankan judiciary system is equipped with the provisions to punish him.

Sri Lanka’s judiciary system works well and the citizens have no doubt over it. It is impartial and capable of delivering the accurate verdicts. Sri Lanka is not in need of a foreign or a Hybrid Court system to examine the matters pertaining to internal conflicts. I perceive that if a Hybrid Court system would be implemented to probe the so-called war crimes committed in the country, it would deliver verdicts in favour of the Tamil Diaspora.

The Sri Lankan Government is already engaged in executing punishments to those who have been found guilty of war crimes. Investigations are being carried out and the accused are being punished. So, Sri Lanka’s Court works impartially and it has been proven.

? The LTTE attempted to obtain Tamil Eelam by means of terrorism. When the armed struggle to win federalism failed the Tamil Diaspora and the extremist Tamil politicians joined hands to diplomatically achieve a federal State by way of constitutional changes. Any comment?

A: I agree. The politically motivated Tamil extremists have a policy that “little now and more later”. They have been fighting for Eelam, which means a federal State. They are shrewd and know how to play the game. When the change of governments takes place, they play the games accordingly to achieve federalism. We shouldn’t forget the fact that their ultimate goal is Eelam.

The TNA clearly mentioned this once. The Party said that the target of achieving Eelam is still in operation. They have only changed the game plan. They know that winning federalism or setting up of Eelam cannot be achieved by terrorism and the only way to get there is through the constitutional change. So, they are on a mission to portray a bad image of Sri Lanka and to obtain the international support to win federalism.

? During the sessions of UNHRC, one member of the Tamil Diaspora vehemently alleged that Rear Admiral Sarath Weerasekera is a war criminal and he should be apprehended immediately. Rear Admiral Weerasekera is the representative of the GSLF in the UNHRC and is there any risk of him being arrested?

A: That particular person to whom you are referring not only called for the arrest of Rear Admiral Sarath Weerasekera, he also lodged a complaint at the Geneva Police against Admiral Weerasekera. Although, the Tamil Diaspora is attempting to apprehend him, it is not as easy as they think. There is no evidence against Admiral Weerasekera to prove that he has committed war crimes.

? Sri Lankas Armed Forces are accused of having committed war crimes and the present government is made responsible for that by the UNHRC. If that is the case, who should be made responsible for the crimes committed by the LTTE?

A: The TNA should be held responsible for the war crimes committed by the LTTE. The TNA was the representative of LTTE in Parliament. So, they should be prosecuted for war crimes that were committed by the LTTE. They also declared on several occasions that they are the representative of the LTTE.

SIRISENA – FIGHTING THE ENEMY WITHIN

July 28th, 2017

WINSTON DE VALLIERE Courtesy Ceylon Today

It’s obvious that neither Premier Ranil Wickremesinghe nor President Maithripala Sirisena ever gave a thought to sustainability of a unity government when the numerous forces which engineered Sirisena’s common candidature for the presidency came together in a desperate attempt to bring an end to a run-away de facto dictatorship that was run with a rubber stamp Cabinet of Ministers.

The desperation was born of the need to swiftly end the spate of abductions and killings of politicians and journalists as well as sundry dissenters…and as we know from latest probes, the fanning out of that State-impunity assured Military- Navy-Police apparatus into abductions of a no-political nature such as those of the 11 students, Tamil, Muslim and Sinhala, for the express objective of ransom. That this last slew of abductions were also swept under the carpet by the Rajapaksa regime is proof…if proof was ever wanted…of the open-cheque impunity under which the hands of lawlessness showed signs of reaching out from beyond political parameters into the ordinary lives of our citizens, so horrendously beginning with the unspeakably heinous abduction of children from wealthy homes, for ransom. That this was also afforded State impunity was seen by those forces which promoted the candidacy of Sirisena as the point at which something drastic had to be done with utmost urgency. There was no time then to look at wider issues such as sustainability or to even consider how men in desperation will seek to destabilize the unity government that was born of that presidential candidacy. The need of the moment was to end that frightening swathe of impunity that was to kill far too many good politicians and men of integrity in the media. As we know from evidence led in cases before Courts of Law, all those crimes were committed by Armed Forces men, including the Police.

They are all still at large, with Courts amazingly deciding to acquit and discharge most of the victims. They are all moving about freely in society, still available to do their masters’ bidding. This of course defies any rationale if only because of the huge security threat they pose to anyone that their masters even today feel inclined to take out!

Sycophants of that regime are in today’s Cabinet of Ministers, as I’ve said a dozen times before, moles intent on socio-political and economic destabilization. In addition is the all-powerful Maha Sangha that has effectively thwarted any effort to introduce constitutional changes either by amendment or by a new Constitution, to facilitate a reasonable package of power devolution to the Tamils and thus emasculate the powers exercised by the TGTE and the LTTE rump within the Tamil Diaspora over the TNA and the wider Tamil populace in the North.

Additionally, perhaps the PM and their backers here and abroad also had not time to consider the extent to which trade unions of professional and non-professional bodies would be used to destabilize and derail the government from day one of its formation. That’s because of the external regional geo-political threats perceived to their economic and security interests by India and the US and the wider dimensions of the Rajapaksa pro-China foreign policy choices which also imbued Japan and other nations in the Indo-Asia-Pacific region with similar fears.

A long-term military foothold

In this cauldron of fear relating to huge security fears entertained by these countries, there naturally would have been more pressure on those behind the promotion of the Sirisena presidency candidature from the diplomatic missions of those countries in Colombo. Hence, lest China gets a long-term military foothold in key coastal areas around the country – in the North, Colombo and the South – haste was of the essence in the immediate months preceding the presidential election, with India and the USA specifically seeking Rajapaksa’s ouster and installing a regime in Colombo that could hopefully hold its own and ensure the Rajapaksa brothers and sons and their sycophants are safely behind bars on sundry murder and other criminal charges.

But they reckoned, without the fact that such a unity government had to necessarily include Rajapaksa loyalists whose votes would be needed in Parliament to push through a package of constitutional reforms.

In January 2010, the then President Mahinda Rajapaksa, proposed to make changes, to the Constitution, via an urgent Bill. The changes, known as the 18th Amendment to the Constitution, sought to remove the two term limit on being elected to the office of the President and the Constitutional Council under the 17th Amendment. As required under the Constitution, the President referred the urgent Bill to the Supreme Court which heard the Government’s arguments and the arguments of six intervening petitioners on Tuesday 1 September 2010. These changes were not discussed in the public domain and they were sought to be made in secret.

It is important to note that even at the Supreme Court hearing the intervening petitioners were only given copies of the proposed changes after the government started making its submissions.

The men of the SLFP in today’s Cabinet of Ministers were whole-heartedly ardent supporters of that Bill. They never had any intention of trading away their loyalties to Rajapaksa in exchange for a portfolio. Sirisena now realizes that. Against this backdrop it’s not hard to understand why the various commissions of inquiry into murders and bribery and corruption have been apparently dragging their feet on getting these cases to Court and pressing for prosecutions and punitive long term sentences against the culprits. The simple answer to that quiz is that such prosecutions will see Sirisena risking the loss of more than just a dozen or so Deputy Ministers and State Ministers. It is with the objective of freezing those cases that we had these minor ministers threatening to quit the government by end of September….as well as to pressure Sirisena into holding the long delayed LG elections. Health Minister Rajitha Senaratne admitted as much when he said last Wednesday that the GMOA, CPC strikes etcetera were staged in desperation to topple the government because it was on the verge of bringing the Rajapaksa era crooks to justice.

The public of course will not believe that until they see it accomplished for the simple reason that one stops believing in justice when criminals behind bars are suddenly set free and murder and corruption cases keep dragging on endlessly.

Pulse of the nation

TALK IS CHEAP AND EASY. If the President and Premier have their eyes wide open and are feeling the pulse of the nation, they will know that the groundswell of support that elected them to office has now dissipated …which is perhaps why the LG elections continue to be postponed over one reason or another. The rationale is perhaps that the longer they are delayed the longer they can delay their fears of losing control of LG bodies coming true…and hence preventing Rajapaksa’s JO candidates using that as a launch pad to ride to victory at the next Presidential and general elections. Essentially then, the delays in LG elections is now all about preempting the beginning of a pro-Rajapaksa swing that began when the Central Bank Bond scam scandal was blown open and now threatens to overwhelm the Unity Government with indications of evidence surfacing of Minister Ravi Karunanayake having a politically compromising relationship with former head of Perpetual Treasuries Arjun Aloysius, with the Joint Opposition claiming that this perhaps suggests there is a basis for presuming the former Finance Minister was not without knowledge that the scam was being committed when he held that portfolio.

It would now appear that President Sirisena could well be ruing the day on which he appointed the Bond Scam Commission.

The Joint Opposition is learn to be preparing cases to be brought before this same commission as well as Court, relating to alleged scams aggregating to Rs 131 billion by ten top men in this government.

The impact of the CB Bond Scam has been such that even a wild suggestion such as this from the Joint Opposition is now not so readily dismissed by dozens of people of some importance that I’ve been speaking to. The bond scandal has in other words done more to seriously dent the public trust in…and goodwill for… this Government, than its less than perfunctory lip service to address and prosecute meaningfully the crimes of the former regime.

After the dust has settled on this massive scandal, unless the government has been able to find a scapegoat, I’m afraid it’s the UNP that will be burnt in effigy long before it is rejected at the next general election.

I would on the basis of what’s known to date, suggest that the UNP’s second string of leaders such as Sajith Premadasa brace themselves for a huge polls backlash and pick up the pieces to reawaken the former ethics and principles, the integrity and honesty which were hallmarks of that once proud Party.

As Louis Mencken put it succinctly, “Honour is simply the morality of superior men”.

If the regime under Rajapaksa fell far, far short of that ideal, it must be sadly recorded that the Unity Government has failed in its honour. One fails to see anyone in it, perhaps excepting the President, who falls into that category of ‘superior men’.

If I am financially or otherwise indebted to a man of inferior moral and ethical standing, I can hardly lay claim to being a superior man, and hence am devoid of that quality of personal honour born of an inner spirit of morality in all things. If I am counted as being among the friends of a thief, I can hardly lay claim to honour.

President Sirisena, it would seem, lacks the support of honourable men. He hence cannot win against similar forces without when within there’s corruption of the same depth.

CPC UNIONS STIRKE AGAINST PRIVATIZATION OF  HAMBANTOTA .TRINCOMALEE AND DEMAND TO DEVELOP SAPUGASKANDA REFINERY NEWS ITEM

July 28th, 2017

Dr Sarath Obeysekera

Few years back I myself took some investors from UAE and Germany to then SLPA chairman with a proposal to manage bunkering operation in Hambantota following a tender .Then SLPA chairman was so rude to the investor and almost kicked us out .He claimed that SLPA wants to do their own bunkering because some politicians were planning to get involved in buying oil for the bunkering tank farm .It  was dragged so long and CPC never even bothered to ask for the right of operation  as SLPA owned  the tanks .

Why didn’t they strike at that time ?

Refinery for Trinco and other shipyard proposals were planned but  then government did not want to proceed because they had their own plans ,Almost 100  yearsold  tank farm is idling and Indians do not even allow anyone to go in .Government at that time just kept quite

Why didn’t the  CPC union strike at that time ?

Sapugaskande Refinery upgrading was to be done with Iranian funding under SOREM program Much money was spent and many  studies were done I assume that land was also acquired ,But the government never wanted do anything .

Why didn’t the  CPC union strike at that time ?

CPC was run by a General under the patronage of the defence secretary who knew his onions, No one dared to cross his path.

As I said before Yahapalanya Pudding is being eaten by all and yet claim that it is stale !

I agree with TNA .We should keep Service to supply fuel as essential service indefinitely

Dr Sarath Obeysekera

Has “Dengue” infected Good Governance?

July 28th, 2017

I. P.C. Mendis Courtesy The Island

Some of the older folks would remember the famous parlour game intended to trace a culprit where the questioning goes ad nauseam in the following manner – Who Sir? You Sir, Not I Sir, who then Sir? You Sir, Not I Sir – and so it goes on with the ball being passed here and there. In the case of the “Dengue” epidemic too, the finger is unfailingly pointed at the people only. There is no ‘mea culpa’ plea on the part of any government institution responsible for garbage disposal. The government is absolutely deaf to the accusation that the non-functioning of local bodies and the mal-administration of some Provincial Councils are directly responsible for the malady. The “kokatath thailaya” – the Rajapaksa balm is being consistently applied to soothe the delirious effect as if it is of any consolation. It is counter-productive.

The Minister of Health draws inspiration and consolation from statistics of the final death toll comparing it with other countries. He pats himself on the back with his improvement of laboratory facilities in hospitals, which cost less now to patients. (Definitely poor consolation for those who have no hope of getting a free airlift and all-expenses paid stay at Queen Elizabeth). Residents have been increasingly threatened with the rigors of court attendance. The Chief Minister, Western Province has dared to impose a 2% tax on abandoned property, notwithstanding absence of Parliamentary approval. The up-shot of it all is – like the gun being.finally convicted of murder, the “lunch sheet” has been sent to the gallows! Smart diversion !!

Lakes, canals, drains are clogged with waste. Most lakes and canals are silted and the water does no flow. In other areas, weeds and “japan dabara” reign supreme with permanent blockade. Do these pontificaters care a damn ? Officials, Special Commissioners and politicians go scot free ! Is it their position that these are not breeding grounds? The latest decision is to prosecute Pincipals and Heads of government institutions. Is this not a clear case for a Fundamental Rights petition? No funds or iniitiative or priority for them, but plenty when it comes to personal comfort and luxury. Make a list of all those politicians who had gone abroad over the years to study garbage disposal elsewhere. What purpose did they serve.? Have there been any reports?

Out of sheer panic, long-term solutions are being introduced immediately. The electronic media showed recently some waste bags already loaded into vans being unloaded and people being asked to separate them in terms of instructions. Surely the people are not yet sufficiently educated or ready. This type of panic and people unfriendly attitudes do not augur well for any government. It is tantamount to harassment to cover sheer ineptitude! Power has to be used cautiously and understandingly. Confrontation does not pay!

I. P.C. Mendis

අනාගතය සුබ නැහැ

July 28th, 2017

නලින් ද සිල්වා

බැඳුම්කර වංචාව පිළිබඳ ව බොහෝ දෙනා කතා නොකරපු කාලෙ, ඩිව් ගුණසේකර කෝප් කමිටු සභාපති කාලෙ ඉඳල ම ඒ ගැන කතා කරපු එයට විරුද්ධව නඩු කියපු අයකු ලෙස මට බැඳුම්කර කොමිසමේ වැඩ කටයුතු ගැන යම් සතුටක් ඇති වුවත් එහි අවසානය කෙසේ වේවි ද යන්න පිළිබඳ සැකයක් ඇති වෙනවා. ඒ කොමිසම ගැන තියෙන අවිශ්වාසයක් නිසා නො වෙයි. රනිල් හා රවි කෙසේ ක්‍රියා කරාවි ද යන්න ප්‍රශ්නයක් නිසා. රවි බදාදා කොමිසම හමුවට පැමිණියත් නැතත් කොමිසම කෙසේ කෙළවර වේවි ද? මෛත්‍රිපාලට රවි අස් කරන්න පුළුවන් ද? අප පටන් ගන්න දේ අප අයින් කර ඒ තමන්ගේ කර ගනිමින්  අසාර්ථක ව අවසන් කිරීමේ දක්‍ෂයන් මෙරට ඉන්නවා.

මෛත්‍රිපාල හා රනිල් අතර ගැටුම් ඇති බව පැහැදිලියි. මෛත්‍රිපාල බැඳුම්කර කොමිසමේ කාලය තවත් මාස තුනකින් දීර්ඝ කරලා. ඒත් මෛත්‍රිපාලට රනිල්ට විරුද්ධ ව කළ හැක්කේ කුමක් ද? මෛත්‍රිපාලගේ දුර්වලකම උතුරු මැද පළාත් සභා අවුලෙන් පැහැදිලි වුණා. ඒ දුර්වල කමේ මුල ඇත්තේ මෛත්‍රිපාලගේ මහින්ද හා බැසිල් විරෝධයයි. මහින්දට හා බැසිල්ටත් මෛත්‍රිපාලට එවැනි ම වූ විරෝධයක් තියෙනවා. උතුරු මැද පළාත් සභාවේ මහින්ද කණ්ඩායමට විරුද්ධව මෛත්‍රිපාලට  එ ජා ප කණ්ඩායමේ ආධාර ලබා ගැනීමට සිදුවුණා. මෛත්‍රිපාල මහින්දට විරුද්ධ වන තාක් ඔහු රනිල්ගේ සිරකරුවෙක්. ඔහුට එයින් ගැලවීමක් නැහැ. අනෙක් අතට මහින්දගේ කණ්ඩායම මෛත්‍රිපාල සමග යම් එකඟත්වයකට පැමිණෙන තාක් මේ ආණ්ඩුව පළවා හරින්නත් බැහැ. මේ සියල්ල මැද රනිල් රවි කණ්ඩායම ඔවනොවුන් අතර මොන මතභේද තිබුණත් බලයේ රැඳී සිටීවි.

මහින්ද මේ රට බේරාගත් වීරයායි. ඔහුට ගෝඨාභයගෙන් අනගි සහායක් ලැබුණා. සරත් ෆොන්සේකා අවසන් මොහොතේ දී සුදු කොඩි කතාවක් කියා රාජපක්‍ෂලාට හා රටට ද්‍රෝහි වුණා. එහෙත් මෛත්‍රිපාල හා තවත් අය මහින්දට ද්‍රෝහි වුණේ වෙනත් රාජපක්‍ෂලාගේ ක්‍රියාකාරකම් නිසයි. මේ ගැටුම අවසන් වන පාටක් නැහැ. එයින් වැටහෙන්නේ දෙපිරිස ම අවසාන විග්‍රහයේ දී රටට ජාතියට නොව තම තමන්ට ඇලුම් කරන බවයි. රනිල් අගමැති කමෙන් ඉවත් නොකර රටට ගැලවුමක් නැහැ. නීත්‍යානුකුල ව එය කළ හැක්කේ මෛත්‍රිපාලටයි. එහෙත් ඔහු ඒ සඳහා මහින්ද කණ්ඩායමේ සහාය ලබා ගත යුතුයි. ඔහු ඒ ලබා ගන්නේවත්, මහින්ද ඒ ලබා දෙන්නේවත් නැහැ.  රනිල් දිගට ම බලයේ ඉන්නවා.

අද ඇතැමුන් සිතා සිටින්නේ වෘත්තීය සමිති ක්‍රියා මාර්ගවලින් ආණ්ඩුව පළවා හැරීමටයි. එහෙත් අද වෘත්තීය සමිති නායකයන් දේශපාලනඥයන් වගේ ම එදාට වඩා වෙනස්. වෘත්තීය සමිති නායකයන් අතර එ ජා ප හිතවතුන් ද ඉන්නවා. ඔවුන් වෘත්තීය සමිති ව්‍යාජ ආණ්ඩු විරෝධී අරගලවලට ඇදගෙන යනවා. ඒකාබද්ධ විපක්‍ෂය හා ඔවුන්ගේ හිතවතුන් හිතනවා නම් වෘත්තීය සමිති අරගල මගින් ආණ්ඩුව පෙරලන්න එය මිරිඟුවක් පමණයි.

ඊනියා වාමාංශික වෘත්තීය සමිති තාමත් ඉන්නේ තිස්ගණන්වල. තාමත් කම්කරු පංති විප්ලවය ගැන සිහින දකින්නන් ඉන්නවා. කම්කරු පංතිය කියන එක මාක්ස්ගෙ හිතළුවක්, පට්ටපල් බොරුවක් පමණයි. ලෙනින් එය යුක්තියුක්ත කරන්න ගොස් පංති විඥානයක් පිටින් ගෙන ආ යුතු ය කියමින් තවත් අවුල් කළා. පුටින්ගෙන් අහල බලන්න කම්කරු පංතිය රුසියාවෙ කෙළේ මොකක් ද කියලා. බටහිරයන් මේ සියල්ල අධ්‍යයනය කරලා ලංකාවෙ වෘත්තීය සමිති මෙහෙයවනවා.

සයිටම් නැත්නම් වෙනත් අයිටම් කියලා අප කිවවා. සයිටම් වර්ජන නැති ප්‍රශ්නයක් මුල් කරගෙන ඇතැම් ජනමාධ්‍ය ද යොදා ගෙන කළ ව්‍යාජ වෘත්තීය සමිති අරගල. වෛද්‍යවරුන්ට තවදුරටත් ඊනියා අඛණ්ඩ වර්ජන කරන්න බැහැ. ඕන නම් ක්වොන්ටම් භෞතිකය පිළිබඳ ඊනියා ප්‍රාමාණික උගතකු වූ පුබුදු ජාගොඩ කෙකරගාමීන් බිල්ලට දේවි. ජාගොඩ අර කුමාර් ගුණරත්නම්ට කුමක් කෙළේ ද? ගුණරත්නම්ට දැන් ඕස්ත්‍රේලියාවත් නැහැ, ලංකාවත් නැහැ. ජ වි පෙ තමන්ට නැති වුණු තැන ලබාගන්න සයිටම් යොදා ගන්න බැලුවා. ජ වි පරමුණටවත් කෙකරගාමීන්ටවත් දේශපාලන අනාගතයක් නැහැ. ජනමාධ්‍ය සඳහා වේදිකා දෙවනත් කරන්න නම් පුළුවන්.

රටේ සම්පත් විකුණන එකට විරුද්ධ වෙන්න ඕන. ඒත් තෙල් සංස්ථා සේවකයන් කරන්නේ කුමක් ද? ඔවුන්ගේ නායකයන් අද පොලිස් අත් අඩංගුවේ. ඒ අතර සේවකයන් මැරයන්ගෙන් ගුටි කනවා. නායකයන්ට පොලිස් ආරක්‍ෂාව ලැබෙනවා ද? අප මතුපිටින් පෙනෙන දෙයින් නිගමනවලට පැමිණෙන එක සුදුසු නැහැ. රට විකිණීම ගැන සියලු දේශපාලනඥයන් වග කියන්න ඕන. තෙල් වැඩ වර්ජනවලින් හම්බන්තොට බේරාගත හැකි ද? සෙනසුරාදා ගිවිසුම අත්සන් කරනවා. මේ සම්බන්ධයෙන් ඒකාබද්ධ විපක්‍ෂය මාධ්‍ය ප්‍රකාශ (වොයිස් කට්) කරනවා. ඔවුන්ට වෙනත් යමක් කරන්න බැහැ. ඔවුනුත් යම් ආකාරයකට මෙයට හවුල් බව පෙනී යනවා.

ආණ්ඩුවට බලයේ ඉන්න භීෂණය, හදිසි නීතිය, අත්‍යාවශ්‍ය සේවා නියෝග, මැර ප්‍රහාර හා තවත් දේ අවශ්‍යයි. ඔවුන් දැන් දන්නවා ඒ සියල්ලත් තවත් දේත් නීත්‍යානුකූල” ව  කරන්න. පළාත් සභා ඡන්ද නීත්‍යානුකූල ව 2019 දක්වා කල් දමාවි. පළාත් පාලන ඡන්දත් අර පනත මේ පනත කියමින් නීත්‍යානුකූල ව කල් දමාවි. මැර බලයත් නීත්‍යානුකූල ව යොදා ගනීවි. වෛද්‍යවරුන්ගේ නායකයන්, තෙල් සේවක නායකයන්  වෘත්තීය සමිති අරගල කුරුවළු කරලා, ආණ්ඩුවට අවශ්‍ය දේ සෘජුව හෝ වක්‍රව හෝ කරනවා. රනිල් රවි ආදීන් මෛත්‍රිපාල සිරකරුවකු කරගෙන ආණ්ඩුව ගෙන යාවි. ආණ්ඩුව ඊනියා වෘත්තීය සමිති අරගල තම පැවැත්ම සඳහා ම යොදා ගනීවි. බැඳුම්කර පිළිබඳ තීන්දුව දීමට එතෙක් කොමිසම තිබේවි ද යන්න ගැන සැකයක් තියෙනවා. තීන්දුවට කලින් කොමිසම විසුරුවා හැරීමට හෝ එහි කාලය ඉකුත්වීමට හෝ ඉඩ තියෙනවා. දේශපාලන සිරකරුවකු වූ මෛත්‍රිපාල අවසානයේ දී රනිල් හා චන්ද්‍රිකා කියන දේ කරනවා.

 

නලින් ද සිල්වා

2017 ජූලි 27

 

Maha Sangha – above the state

July 28th, 2017

Rear Admiral (Dr.) Sarath Weerasekera VSV, RWP, USP  

An article appeared in The Island” on 10/7/2017 titled ‘Is there a Sangha State” behind the state?’, written by Laksiri Fernando ( LF). LF says that the Maha Sangha of the three Nikayas (Sangha) has given notice” to the government not to introduce a new constitution and expresses concern as to whether the government would succumb to that shadow” state. LF who questions the expertise/knowledge of the Sangha on the constitution”, says that the opposition to a new constitution at the moment, even without waiting for a draft, appears to be an extreme political mission and not a religious mission. For him, the objection by the Sangha to the Bill to implement the International Convention for the Protection of All Persons from Enforced Disappearance (ICPAPED), without knowing what it contained, was mooted on behalf of another party to the controversy; and the objection was baseless as the government already has become a signatory to it in 2015.

Referring to the statement of the Asgiriya chapter, LF says that its comment on the threat to our motherland…” was largely imaginary, prompted by political motives and he continues to state that the above statement is full of references to our motherland”, Sinhala nation” , Buddha Sasana” etc. but nothing about Buddha Dhamma”. What he implied, in no uncertain terms, was that the Maha Sangha should mind their own business without advising the rulers on political” matters.

It is an accepted fact that every citizen has an obligation to serve his/her motherland in whatever form. That is why the country of one’s birth is called Motherland” as s/he is supposed to love/respect/protect it just like s/he would his/her own mother. The History of a country is one of the main factors, which generates that feeling”. One’s view of the history shapes the way he observes the present. Through the study of history, people are better able to understand how the present came to be. We are a nation with a proud history of over 2500 years and as far as the Sangha is concerned, anyone who has an understanding of that history, will never try to belittle them when they raise their voice on matters concerning both social work and politics in the country.

Before I comment on the knowledge of the Sangha on the constitution/ICPAPED let me state the following. In Sri Lanka, the Theravada Buddha Dhamma is protected and proffesed by the Arya Sangha. The Sangha is maintained with deep respect by the Sinhalese, who are aware that their only home/homeland is Sri Lanka (earlier called Sinhale). So whenever the country is under threat or in danger, the monks consider it is appropriate to come forward to protect the nation as otherwise it would ultimately endanger the very existence of the Dhamma. Theravada Buddhism in Sri Lanka is preserved in its pristine purity because of the commitment of the Sangha. In doing so, on some occasions monks had to sacrifice their own lives. One of the main reasons why the former Buddhist countries such as the Maldives, Malaysia, Indonesia, Afghanistan etc. are now purged of Buddhists was the absence of such brave/selfless monks at the crucial periods in the history of those countries.

Although monks renounce worldliness they, from time immemorial, maintained close relationships with the community, society and the government. The Buddha himself advised kings and their ministers and sometimes delivered Suttas with a political content. The Buddha was also the first religious teacher on record to have gone to the battlefield personally to prevent the outbreak of a war. This was between the Sakyan and the Koliya clans. In Chakkavaththi Sihanada and Kutadantha Sutra, the Buddha explained how violence raises its head when the economy of a country is at a low ebb, the destitute are neglected and how, as a consequence, the incidence of crime increases. There would be a gradual loss of values due to economic instability. To say this very simply, people would take to stealing rather than perish. Thus it is clear that even the Buddha himself had not confined himself only to preaching the Dhamma.

History including the contemporary history has it that there is throughout a close relationship between ‘Church and State’ (here Church clearly means the predominant religion.) The Constitution of England, largely unwritten, gives the foremost place to the Church of England. The Act of Settlement of 1700 ordains that none but a person belonging to the Church of England can be King or Queen of England. It is the Archbishop of Canterbury who places the Crown upon the head of the King or the Queen. In the USA, Obama, (say an ‘ethnic Muslim’) would have been totally unacceptable had he not been a Christian. It was upon the Bible that he took his oaths as President. Although the US is considered by many to be a secular state, The Dollar Note carries the words ‘In God We Trust’. In Sweden the Lutheran Church is the official religion. In terms of Article IV of the law relating to kingship, the King shall be a person belonging to the Swedish Lutheran Church. The law requires that the children be brought up in conformity with this religious tradition. In Norway the Evangelist Lutheran Church is the official religion of Norway. In Pakistan, Iran & other Islamic countries in the Middle East, the Constitutions state that their law & administration are based on Islamist teachings. In Thailand (Article 7 of Chapter 11) the King is a Buddhist and is the protector of the religion. Countries including Russia, except during the Communist Rule, considered Orthodox Christianity as the most important institution in their identity.(Courtesy All Ceylon Buddhist Congress (ACBC). See Chapter 4 in particular on ‘Secular States Concept and Buddhist Identity of Sri Lanka’ of the ACBC ‘Report of the Commission Appointed to Inquire and Report on The Conversion of Buddhists in Sri Lanka to Other Religions by Immoral and Fraudulent Means.) However, there is barely a country where every single citizen is exclusively of a singular ethnicity and religion. It is therefore quite insensible to say of Sri Lanka exclusively is a multi-religious, multi-ethnic and multi-lingual country. Sri Lanka is a country of the Sinhala Nation with Buddhism as its predominant religion. My perception is that on the whole, Sinhala Catholics/Christians are as much Sinhalese and as much patriotic, as Sinhala Buddhists.

In Sri Lanka, well before expressions such as the relationship between the ‘Church and State’ surfaced, it was customary for kings of the past to consult Bikkhus on all important occasions and on vital problems. According to an inscription of King Mahinda IV (956 -972 AC) the approval of the monks was necessary for a man to be crowned King of Sri Lanka. After the death of King Saddhatissa (77- 59 BC) Prince Lajji Tissa was to become the king but the assembly of monks who gathered at Thuparama selected Thullanatha as king. King Kashyapa had killed his father. Hence the monks unanimously refused to accept him as the King. Instead his brother Mugalan was enthroned.

 

It was the Sangha who settled the hazardous political turmoil /civil combat between King Gajabahu II and King Parakramabahu and restored peace in the country. The inscription regarding this peace treaty can be seen even today at Sangamuva Vihara in the Kurunegala District. King Parakramabahu (1236 – 1271 AC) consulted the Bhikkus and obtained their advice in the matter of selecting his most suitable successor, out of his six princes. Thus anyone who knows the basic history of our land would appreciate the role of the Sangha in politics in the country.

Buddhism and the State were interlinked to such an extent that there was a tradition amongst the ancient kings to consecrate the State of Sri Lanka to the Buddha Sasana. It was King Devanampiyatissa who first offered the State of Sri Lanka to the Sri Maha Bodhi. King Dutugemunu offered the State of Sri Lanka to the Buddha Sasana on five occasions. Having listened to a sermon delivered by Kalabuddharakhita Thero, King Saddhatissa offered the state of Sri Lanka to the Thera. King Sri Meghavanna and King Kasyapa 1 were two other monarchs who offered the State of Sri Lanka to the Buddha Sasana. That is why the concept of Sri Lanka is the Land of the Buddha” should be accepted without any reservation (Ibid page 67 Paragraph 151) Thus did the Sasana/Sangha protect the State.”

In the same token, the State protected the Sangha not merely by seeking and accepting their advice but also by intervening when necessary by applying rules governing the discipline and conduct of the Bhikkhus, in consultation with the Sangha. This was by means of Kathkavath or ‘ecclesiastical edicts’. An example is the Edict found ”in a rock inscription of 1165 CE by King Parakramabahu 1 (1153-1156)”. This was when, due to the degeneration of the Sangha, Royalty (the State) had to intervene to cause a reconciliation of three discordant schools of monks, Mahavihara, Abhayagiri and Jetavana.” The Council for the purification of the Sangha was of course held under a monk not the King, who but facilitated the reconciliation. The monk was the Venerable Dimbulagala Kasyapa. A Code of Discipline and Rules was promulgated and scripted on rock. (Ibid page 21.)

In more modern times a Gazette Notification was issued on 7th July 2004 by the Ministry of Buddha Sasana, to provide for the registration of Katikavat.

‘This system of governance changed greatly under the period of colonization and the British took away the special status that Buddhism had, as our national religion, and established a new administrative structure. Thus the historical bond between the rulers and the Sangha became weaker.’ As a result of this unacceptable situation, a public declaration was issued in 1946, by the Vidyalankara Pirivena titled Bhikkhus and Politics” and it clearly stated that it was nothing, but. fitting for Bikkhus to identify themselves with activities conducive to the welfare of the people , whether such activities are labeled politics or not, as long as this activity did not impede the religious life of a monk.

It is considered pertinent to mention an interesting observation made by Dr. Chandre Dharmawardana. ….. it must be emphasized that this is not in conflict with any monk who may decide to follow the path of full renunciation. People who talk of pure Buddhism, usually proceed to argue that Bikkhus should not concern themselves with social and political matters. However if one is entirely centered on oneself, then there is no room for compassion!!”

What is important to mention here is that there is a great deal of historical evidence in Sri Lanka to prove that whenever occasion arose for monks to contribute their share, for the protection of the country, nation and religion, they have risen valiantly to such occasion to meet the need of the hour. In keeping with that tradition, now, the Maha Nayaka Theros have issued their statement on a constitution” which is struggling to be born and which is condemned by people like LF. Apart from criticizing the role of the Sangha one of main argument is that it is premature, as a draft bill on the constitution is not yet submitted by the government.

Do we have to wait for a draft bill before commenting on the making of the present constitution? This government turned the entire parliament into a constituent assembly”, then appointed the Lal Wijenayaka committee to obtain the views of the public, thereafter, the six sub committees made their recommendations public. Anyone who has monitored the above process would know that the draft bill will have to be prepared based on those recommendations and nothing else.

The main Sub Committee of the above constitution-making process was the Centre Periphery Relations Sub Committee” and it was headed by former PLOTE member, MP Dharmalingam Siddharthan. He starts his report stating that the unitary” status of the country is a great impediment for the smooth functioning of the Provincial Councils and obviously all the recommendations that follow are measures to erase the Unitary” status of the country.

Although our country became somewhat federal” after the 13th Amendment, the unitary” status is being preserved mainly through the Governor and the concurrent” list.  The Governor is above the Chief Minister and exercises powers of the President; and the Province and the Centre both have to concur” before a law is passed on any one of the 36 subjects in the Concurrent list. For example, in case the Chief Minister of the Northern Province, Wigneshwaran, tries to pass a law prohibiting the erection and maintenance of Buddha statues in the North, the Governor can intervene and reject it by exercising the powers of the President. If the Chief Minister of the Eastern Province wants to pass a law allowing Muslims to marry girls under the age of 12, then the Central government can stop it as the subject of marriages and births falls within the concurrent list. The two main recommendations of the Centre Periphery Relations Sub Committee are to strip the Governor of all the powers and to cancel the concurrent list. No brilliant brain is required to understand what would happen to the country if those recommendations are implemented.

At present, the NPC Chief Minister Wigneshwaran openly says that Sinhalese have no right to live in the North. He has prohibited the erection of a Buddha statue at Nagadeepa and participates in protest marches at Kilinochchi demanding the removal of Buddha statues in the North. What would happen if such a person is given all the powers recommended by the above Sub Committee? Also, the Provinces would be largely independent without any control from the Centre thus compromising the unitary” character of the country. The LTTE leader Prabhakaran tried to destroy the unitary status of the country for 30 years using terror and 29,000 of our soldiers were killed and 14,000 critically wounded trying to prevent it. Now what Prabakaran could not achieve through terror, this government tries to serve on a platter to the separatist Tamil politicians. Under such circumstances, it is the duty of all patriotic citizens in the country to raise their voice against it and when the Maha Sangha has taken the initiative we find people like LF trying to condemn that effort. Only the people who are completely ignorant of the constitution-making process or the ones who are absolutely not concerned about the Motherland would criticize the Sangha for calling upon the government to stop this treacherous act.

LF may not know that we are a dualist country and just because we sign an international convention it doesn’t become law unless it is passed through a bill in Parliament. The Enforced Disappearance Bill (EDB) if approved, would put all the war winning military and political leadership in danger. If an officer/soldier is found guilty by the Office planned to be established by the OMP bill, he has to be extradited as per the provisions of the EDB, if anyone files a case against that officer/soldier in any one of the countries which have ratified the relevant international convention. The Sangha had come forward to protect the war heroes who defeated the most ruthless terrorist organization in the world and LF says that move” was mooted on behalf of another party to the controversy! It should also be stated that out of 193 countries only 52 countries have signed the above convention and except Sri Lanka, (under the present government), none of the South Asian countries has signed it. Hence, it is clear by the above explanation that those who criticize the Sangha on this issue are either clueless on the subject or do that with dubious motives.

Finally, LF says that he is a Buddhist but not a Sinhala Buddhist. He doesn’t have to say that because it is clearly so, judging by his article. To the Sinhalese, Buddhism is like the bark unto the tree. They were the Sinhalese who protected Buddhism throughout history. King Dutugemunu declared that he waged war against Elara not for the purpose of acquiring the legendary pleasures associated with Royalty, but to protect the Sasana. There are many people in many countries, like LF in Sri Lanka, who are ‘simply’ Buddhists. They do not come forward to protect the Buddha Sasana when it is in danger. Only the Sinhala Buddhists who are prepared to sacrifice their lives to protect Buddhism could foresee the danger looming large. Only the Sinhalese, like their ancestors, would volunteer to protect the Unitary character of the country. Sinhala Buddhists, in addition, would go hammer and tongs to oppose Federalism as it would endanger Buddhism and remove it from the pedestal that it has justly been placed in our culture and tradition. So obviously, Laksiri Fernando, not only on his own admission but also absolutely in fact, is not a Sinhala Buddhist!  

Rear Admiral (Dr.) Sarath Weerasekera VSV, RWP, USP

Has the Church Inquisition come to Sri Lanka in the form of the Missing Persons Office to execute Buddhist soldiers?

July 27th, 2017

Shenali D Waduge

The Medieval Inquisition in 1184 became the first of many Inquisitions (Spanish, Portuguese & Roman followed). What is relevant to this argument is that ALL executions were against non-Catholics & based on heresay, nothing more than finger pointing and allegations with absolutely no evidence or facts presented or even investigated. Fast forward to the UNHRC Resolutions against Sri Lanka the similarities cannot be ignored. These same Western countries are continuing their finger pointing & unsubstantiated allegations which are now directed against our soldiers who defeated the LTTE terrorists.

The Catholic church broke away from the Orthodox church (Holy Catholic and Apostolic Church) around 1054 as they wanted to have a Pope which the Orthodox Church doesn’t have! The death estimates from the 4 Inquisitions run into millions with some claiming over 50mililon people being tortured and put to death simply because they were not part of the Roman Catholic faith.

The 4 Inquisitions were directed against ALL non-Christians. The Inquisitions have now turned to present day Tribunals all of which are determined by the same Western Christian nations. All of which are based on heresay, all of which have no supporting evidence and all of which the conclusions are predetermined! False denunciations were frequent and often based on personal jealousies as well. No different to the scenarios presently.

Though the Vatican’s Congregation of the Inquisition was formally abolished in 1908 it was only renamed as Congregation for the Doctrine of the Faith. The set up looks no different to the UNHRC.

Inquisitions meant torture regulated by the Church with guidelines. The Tribunals had 2 inquisitors. One in charge of presenting the accusation, interrogating the witnesses using physical and mental torture. There were Consultants too advising the type of questions to ask while 3 secretaries recorded the testimonies. There were also lay collaborators (the present day anonymous ‘witnesses’). The Inquisition was totally financed from confiscating goods of those they were sentencing (the seizure of Gaddafi’s wealth comes to mind)!

The similarities of the Inquisition and the present day UNHRC Resolutions & War Crimes Tribunal comes in the manner that both entities simply accepted the DENUNCIATION which resulted in DETENTION lasting even two years before the case was taken. A detention meant the persons property was confiscated and the money was used to pay for the expenses of his trial & until such time they were kept in isolation! No cares for the family living off the property! Months often years passed before the accused was informed why he had been imprisoned! (this sounds a replica of the accusations now being hurled against our armed forces)

The Trial allows defendant a testimony but only after torture methods have been adopted! Torture was applied without distinction of sex or age and included children & the old. Victims were hung from the ceiling by the wrists with weights tied to the ankles sometimes resulting in dislocations. Some of the punishments included burning at the stake, public execution. Other victims had cloth stuck to the mouth forced to ingest water spilled from a jar. Fast forward to the waterboarding and other CIA torture techniques now in use. Is this any different to the present day torture techniques being used in Guantanamo Bay & Abu Ghraib prisons of which ‘waterboarding’ is one.  Inquisitors also used waterboarding as a torture technique!

Rarely were defendants found NOT GUILTY and acquitted. So we know what to expect from these war crimes tribunals. Rare exception was Milosevic who was acquitted after his death!

Here’s the best part the defendant could be RECONCILED with the Catholic Church and evade severe punishment. In other words, the soldiers would be required to pin blame on those the Tribunal are really targeting which would pave the way for their release.

Often cases were judged in absentia. Between 1540 to 1700 according to the National Historical Archive of Spain 44,674 judgements.

The present efforts to directly attack the nerve centres of Buddhist philosophy and Buddhist followers is nothing that cannot be ignored. The Inquisitions ordered any text or beliefs that ran contrary to the Church to be destroyed and sealed.

The Inquisition was meant to enforce only the Church view violently upon anyone who were not in agreement to it. The UN is today being used by these same countries to carry out that same objective.

Please note a study has recently declared that the UN is heavily influenced by the Church/Christianity. ‘The majority of NGOs operating and who are registered with the UN are Western-funded Christian NGOs.

The Inquisition institutionalized persecution. The Tribunals that the UN is today approving are all against countries that the Christian bloc of Nations deem their enemy. The unanswered question still remains why when the world is preaching Equality conveniently ignoring that the Roman Catholic faith has been given status of a State and accepted as a UN member! This means diplomatically the Vatican can exert tremendous influence on behalf of the Roman Catholic faith which is not enjoyed by other religions older than Catholicism.

At the same time, we cannot ignore the role played by the Church, the Church fathers/nuns in assisting LTTE terrorism over 3 decades. One of the recently deproscribed LTTE fronts is headed by a Catholic Father who compares terrorist Leader Prabakaran to Jesus! None of these Church-LTTE links have been investigated for providing material support to a terrorist movement. Just a few days back a EU court ruled to remove LTTE from EU’s terror list fully aware that LTTE cadres are involved in sporadic cases of extremism.

Nevertheless, the crux of the argument is that the Tribunals of the Church were all based on heresay, with no evidence, evidence was not even sought and non-Christians were tortured, killed or had to bow down to the dictates of the accusers. We find ourselves in the 21st century and the same justice system is being dished out through the UN by the same Western countries that clearly say ‘either you are with us or you face extermination’ isn’t this what happened to Saddam, Gaddafi, Milosevic and the countless regime change that the West indulges in? The core of the issue is also the efforts to distance people from the dharmic faiths and the promotion of One Religon (Catholicism) through the UN and the promotion of Shared Values that are well funded to annihilate compassionate values and cultures of the Dharmic philosophies like Buddhism. Alienating people from their heritage roots is the gameplan in place.

The present Missing Persons Office takes the form of the Inquisition in its composition and the conclusion is already determined and the Office is merely to officially legalize the lies. Should we simply close our eyes and accept the illegalities?

Shenali D Waduge

https://www.bibliotecapleyades.net/vatican/esp_vatican29.htm

රනිල් වික්‍රමසිංහ මහතාගේ වසර 40ක දේශපාලන දිවියට අපගේ ශුභ පැතුම්ද එක්කරමු.

July 27th, 2017

චන්ද්‍රසේන පණ්ඩිතගේ

ජිවිත රගමඩලේ රගනා ශ්‍රී ලාංකීය නළුවන් අතරේ ඉතා වැදගත් කැපී පෙනෙන චරිතයක් රගපාන නළුවෙකි, අග්‍රාමාත්‍ය රනිල් වික්‍රමසිංහ. අප ඔහුව හදුනන්නේ ඔහුගේ දේශපාලන භූමිකාව තුලිනි. මේ වනවිට ඔහුගේ දේශපාලන දිවියට වසර 40ක් සම්පුර්ණව ඇත. අප මේ සම්බන්ධව එතුමාට මේ අවස්ථාවේදී අපගේ ශුභ පැතුම් එක් කරන අතර මේ අවස්ථාවේදීම  මේ ඉතිහාසගත සුවීශේෂී චරිතය සම්බන්ධව සාකච්චාවක්ද  ආරම්භ කරමු. මේ දේශපාලන රංගන වේදිකාවේ, අප සිත්ගත් චරිත මෙන්ම අප සිත් නොගත් චරිතද ඇති අතර, රනිල් වික්‍රමසිංහ චරිතය අප සිත් නොගන්නාවූ දේශපාලන චරිතයකි. මෙතන වැදගත් වන්නේ අපගේ සිත් ගත්තාද නොගත්තාද යන්න නොව, එතුමාට ලබාදී ඇති චරිතයට සාධාරණයක් එතුමා ඉටු කලාද නැද්ද යන්නයි.

මාරයා යනු බුදු දහමේ ඇති ඉතා වටිනා සංකල්පයකි. බෞද්ධයින්, ඉතා අකමැති චරිතයක් වන මාරයාට බුදුදහම තුල ඉතා වැදගත් ස්ථානයක් හිමිවේ. බෞද්ධයින් කොතෙක් අකමැති වුවද, මාරයා ඔවුන් සමගම ගැවසෙන්නා සේම, ශ්‍රී ලාංකීය ජනතාව කුමන ආකාරයෙන් ප්‍රතික්ෂේප කලද, රනිල් වික්‍රමසිංහ මහතාගේ බලපෑම මෙරට සිටින සැම සියලු ජන කොට්ඨාශයකටම බලපායි. ඒ එතුමා විසින් එතුමාට බාරදී ඇති චරිතයට ලබාදී ඇති විශිෂ්ඨ දායකත්වය හේතුවෙනි. අපි බුදු දහම සම්බන්ධව ඉතා ගැබුරින් හදාරන නමුත්, කිසිදාක මාරයාගේ දර්ශණයවත්, ඔහුගේ උපාය උපක්‍රම සම්බන්ධවත් හැදෑරීමට උත්සුක වන්නෝ නොවෙමු. එය අප විසින් සිදු කරන බලවත් වරදකි. එබැවින් අපත් අප සමාජයත් නිතරම වගේ, මාර උගුල් වල ඇලි, ගැලී, දැවටී,පැටලී ගිලි සිටි.

මුළු මහත් ලෝකයේ මෙන්ම, අප රට තුලද අඛණ්ඩව පවතින්නේ,හොද හා නරක අතර නොනවතින අරගලයකි. එය තවත් ආකාරයකින් පවසනවා නම් යුක්තිය හා අයුක්තිය අතර පවතින අරගලයකි. මේ අරගලය විසින් මුළු මහත් සමාජයම ඉදිරියට ගමන් කරවන බැවින්, සමාජයට හොද මෙන්ම නරකද අත්‍යවශ්‍ය දෙයක බවට පත්ව තිබේ. ඒ අනුව අයුක්තිය අසාධාරණය රජ කරවන පිලේ නායකත්වයේ චරිතය මේ වනවිට පණ පොවන්නේ රනිල් වික්‍රමසිංහ මහතා වන අතර, එතුමා, එම පිල වෙනුවෙන් විශිෂ්ඨ කර්තව්‍යක් ඉටු කරන දිදුලන නායකයකු වශයෙන් කැපී පෙනෙන ආකාරයේ කටයුතු සමුදායක් මේ වනවිට නිම කොට හමාරය. එතුමා සිය චරිතය කොතරම් ඉහලින් ඉටුකරනවාද යත්, මේ වනවිට මෙරට තුල යුක්තිය හා සාධාරණත්වය  වෙනුවෙන් ඔහු හා සටන් වැදීමට තරම් ප්‍රබල චරිතයක් ගොඩ නැගී නැත. ඉතිහාසයේ මේ බිහිව ඇති චරිතය සම්බන්ධව නිසි අධ්‍යනයක් නොකොට, යුක්තිය හා සාධාරණත්වය අපේක්ෂාවෙන්  සිදු කරන්නාවූ සියලුම කාර්යයන්ට ඇත්තේ ඉතා කෙටි කාලින පැවැත්මක් බව අප දැනගත යුතුය. මේ එතිහාසික චරිතය නිකම්ම නිකම් චරිතයක් නොව ප්‍රභල චරිතයක් බැවින්,අප සියලු දෙනාම එක්ව අග්‍රාමාත්‍ය රනිල් වික්‍රමසිංහ මහතාව කියවිය යුතුමය.

රනිල් වික්‍රමසිංහ මහතා යනු, රටක රාජ්‍ය නායකත්වය දැරිමට මනාව සුදුසුකම් සහිත.පදනමකින් යුත් පවුලකින් පැවත එන්නෙකි. සිංහලකම බෞද්ධකමද මිශ්‍රිත පවුලකින් පැවත එන එතුමාට, ඉතා පහසුවෙන්
 යුක්තිය හා සාධාරණත්වයේ පිල වෙනුවෙන් නායකත්වය දීමට මනා හැකියාවක්ද ඇති අයෙකි. නමුත් ඔහු සිය පියා ඇතුළු පවුලේ දේශපාලන ස්ථාවරත්වයමත සිටගෙන. එතුමාගේ පියාණන් විසින් ගමන් කල අඩි පාරේම නොබියව ගමන් කරන දේශපාලඥයකු බව කිව යුතුමය.. එදා හොද සහා යුක්තිය හා සාධාරණත්වයට මනා නායකත්වයක් සැපයු, සග, වේද, ගුරු, ගොවි,කම්කරු, පංච මහා බලවේගයන්ට නායකත්වය ලබාදුන්  එස්. ඩබ්ලිව්. ආර්. ඩි. බණ්ඩාරනායක මහතාගේ, දේශපාලයට එරෙහිව, බලවත්ව සටන් කල සිය පියාගේම අඩිපාරේ යමින්, මේ වනවිටත්  එම කටයුතු ඉදිරියට මෙහෙයවමින් සිටි.

වර්ෂ 1977දි පාර්ලිමේන්තුවට පිවිසි ඒ මහතා, වයස 28ක් තරම් ලාබාල අවදියේදීම පාර්ලිමේන්තුවට පිවිසීමට වරම් ලැබීමම, තමන් පෙර බවයකදී සිදු කරන ලද මහා පුණ්‍ය කර්මයක හේතුවෙන් ලද මහා භාගයක් ලෙස සැලකිය හැකි වුවද, ඒ සමගම අත්වැල් බැදගත් තවත් මහා ජන සමුහයකගේ පෙර භාවන්හිදී ඔවුන් විසින්  සිදු කරන ලද පාප කර්මයන්ද මේ චරිතයේ, බල ව්‍යාප්තියට බලපා ඇති බව වැටහෙන්නේ  ඔහුගේ පීඩනයන්ට යටත්වූ තරුණ තරුණියන් සම්බන්ධව සිතන විටය. කුමන තත්වයක් යටතේ වුවද, මේ සැලසුම් සහගත චරිතය පක්ෂය තුල සිදු කරන ලද මහා බල අරගලයක ප්‍රතිපලය වුයේ, එතුමා එක්සත් ජාතික පක්ෂයේ නායකත්වය දක්වා ගමන් කිරීමට හැකිවීමයි. රනිල් වික්‍රමසිංහ මහතා එක්සත් ජාතික පක්ෂ නායකත්වයට ලගා වුයේ, රන්ජන් විජේරත්න, ආර්.ප්‍රේමදාස, ලලිත් ඇතුලත්මුදලි, ගාමිණි දිසානායක, වැනි බලවත් චරිත සමුහය, කොටි ත්‍රස්තවාදීන් විසින් ඝාතනය කර, එම දේශපාලන භුමිය මනාව සකස් කරදීමෙන් පසුවය. මේ සිදුවීම් මාලාවම ඉතිහාසය තුල සිදුවූ සරදම් මාලාවක් සේ ඉතිහාසයේ, සංචාරය කරන්නන්ට දැනේ.
 
ජාතියේ විසංවර්ධනය උදෙසාම දායකත්ව සපයන කණ්ඩායමේ, නායකත්වය දරන එතුමාගේ දේශපාලන භූමිකාව තුලදී, එතුමා තුලවුයේ, මෙරට දේශපාලනයේ, යෙදෙන කිසිවෙකු තුල නොමැති  එතුමාටම සුවිශේෂීවුද, එතුමාටම ආවේනිකවූ චරිතාංගයන්ය. දැඩි ස්ථාවරත්වය, නොනැමෙන සුලුභාවට. එතුමාටම අවැසි ඉලක්කය කරා යාම, අන් කිසිවෙකුගේ මතයට හිස නොනැමිම මේ අතරවේ, රට ජාතිය, ආගම ඇත්තේ රැකීමට නොව තම අරමුණු කරා යාමට බව හැගෙවන චරිතයක් ඔහුට උරුමව තිබිණි. වර්ෂ 1994 සිට මේ රටතුල දේශපාලන තරගබිමේ, තරග කලේ එකම හිමිකරුවෙකුට අයත් අශ්වයකු හා වෙලබක් වන අතර, හිමිකරුවා එකම  වුවද, රනිල් හා චන්ද්‍රිකා අතර එදා තරගයක් නිර්මාණය කර තිබුණි. එක්කෙනෙක් ව්‍යාවස්ථාමය ක්‍රියාදාමයක් තුලින් ද්‍රවිඩ ඊළම ලබාදීමට උත්සාහ කල අතර, අනෙකා යුධමය ක්‍රියාදාමයක් තුලින් කොටින්  විසින්ම සටන් කොට ඊළම ලබා ගැනීමේ  ක්‍රියාදාමයට උපකාර කිරීමේ මෙහෙයවුමට  පන පෙවිය. නමුත් ඒ සටනද හිමිකරුවාගේ පාලනය යටතේම  සිදුවිණි. ඕනෑම අවස්ථාවකදී බිද වට්ටවන්නට හැකියාව තිබු චන්ද්‍රිකාගේ වැඩි චන්ද එකේ බලයකින් යුතුවූ ආණ්‌ඩුව බිද නොදමා සුරැකිව පවත්වාගෙන යන ලද්දේ සැබෑ හිමිකරුවාගේ උවමනාව මතය. මෙය රනිල් වික්‍රමසිංහ නම්වූ බලවත් චරිතයට ඔරොත්තු නොදෙන්නක් වුවද එතුමා ඉතා ඉවසිලිවන්තව  චන්ද්‍රිකා කුමාරතුංග මහත්මියට ඇයගේ ගමන් මාර්ගයේම යන්නට ඉඩදී ගමන් කිරීමට ඉඩදී බලා සිටියහ. නමුත් චන්ද්‍රිකා කුමාරතුංග මැතිනියගේ ව්‍යාවස්ථාමය  කාර්යය තුලින් ද්‍රවිඩ ඊළම ලබාදීමේ ක්‍රියාවලිය යථාර්තයක් වීමට  ඉඩ නොදීමට කල හැකි සෑම ක්‍රියාමාර්ගයක්ම එතුමා මනාව ඉටු කලේ, මේ රටේ බහුතරයද සතුටු වෙන ආකාරයටය. චන්ද්‍රික  කුමාරතුංග මැතිනියගේ රජය විසින් ඉදිරිපත් කරන ලද  ව්‍යවස්ථාව  නිකම්ම නිකම් විහිළුවක් බවට පත් කරන ලද්දේ, රනිල් වික්‍රමසිංහ මහතාගේ මේ ඉතිහාසගත දේශපාලන ක්‍රියාදාමය නිසාය. එදා රනිල් වික්‍රමසිංහ මහතා විසින් නවතා දමන ලද්දේ, අද රනිල් වික්‍රමසිංහ මහතා සිදු කරන්නට වෙරදරන නව ව්‍යවස්ථා සම්පාදන කාර්යභාරයමය.

කොටි සංවිධානයේ, ස්වර්ණමය යුගය වශයෙන් නම් කල හැක්කේ, 1994 සිට 2005 නොවැම්බර් මස 18 වෙනිදා දක්වා වූ කාල පරිච්චේදයයි. ඒ අවුරුදු 11ක් පමණවූ කාලයකට සිමා වී ඇත. මේ යුගය තුලදී එදා චන්ද්‍රිකා කුමාරතුංග මැතිනිය විසින්, ව්‍යවස්ථාමය කාර්ය තුලින්, උතුරේ හා නැගෙනහිර බලය, ප්‍රභාකරන්ට ලබාදුන්නේ නම්, මේ වනවිට, බලවත්,ප්‍රභාකරන් කෙනෙක්, උතුර හා නැගෙනහිර පාලනය කරමින්, දකුණේ දේශපාලනයට දැඩි බලපෑම් කරමින් සිටිනු දක්නට ලැබීමට තිබුණු අවස්ථාව, නැති කරනු ලැබුවේ, රනිල් වික්‍රමසිංහ නම්වූ චරිතයයි. ඔහු විසින් විනාශ කරනු ලැබුවේ, ඔහු අපේක්ෂා කල කාර්යය නොවේ. ඔහු අපේක්ෂා කලේ යුධමය වශයෙන් බෙලහීන කරනු ලැබූ ශ්‍රී ලංකාවක උතුර හා නැගෙනහිර පාලනය කරන ප්‍රභාකරන් කෙනෙකු දැකීමයි. ඒ අපේක්ෂාව පෙරදැරි කරගෙන ඉදිරියට ගිය එතුමා, නැවත අගමැති බවට පත් වී සාම  ගිවිසුමක් අත්සන් කර,උතුරු නැගෙනහිර පාලනය, කොටි සංවිධානයට භාර කලේ, චන්ද්‍රිකා කුමාරතුංග මහත්මිය, ජනාධිපතිනිය  හා  රාජ්‍ය ආරක්ෂක පදවිය ව්‍යාවස්ථා වෙන්ම  ලබාදී තිබෙන තත්වයක් තුලදිය. එතුමා ඉදිරියේ, සැම ජනාධිපතිවරයකුම නිල නොවන ජනාධිපතිවරයකු බවට පත්වන්නේ, එතුමා තුල ඇති විශේෂිත හේතු සමුදායක් නිසාය.

අප සිතන පරාජය, එතුමා පරාජයක් සේ නොසලකන අතර, පක්ෂය තුලත්, රට තුලත්, ජාත්‍යන්තරය තුලත් එතුමාට එරෙහිව ඇති බලවේගයන් ඉදිරියේ නොසෙල්වී, සිය ඉලක්කය කරා ඇදෙන ආකාරය මෙරට තුල සිටි කිසිදු දේශපාලන නායකයකු තුලින් විද්‍යමාන නොවේ. එදා මෙතුමාගේ දේශපාලන පීඩනය දරාගත නොහැකිව සිටි, චන්ද්‍රිකා කුමාරතුංග  මහත්මිය, තමන් ලද ප්‍රථම අවස්ථාවෙන්ම උපරිම ප්‍රයෝජනය ගෙන, රනිල් වික්‍රමසිංහ රජය විසුරුවා දමා මැතිවරණක් තුලින් එතුමාව පරාජය කරනු ලැබුවද, ඒ පරාජයන්ට එතුමාව විනාශ කිරීමේ හැකියාවක් නම් නොතිබිණි.

 ඒ මහා මැතිවරණ පරාජයට අමතරව, 2005 ජනාධිපති මැතිවරණයේදී, තනි තුරග හිමිකරුගේ අශ්ව රේස් එක නිමා කරමින්, මහින්ද රාජපක්ෂ මහතා ජනාධිපති බවට පත්විය. ඒ 2005 නොවැම්බර් මස 18 වෙනිදායි. එදා සිට 2015 ජනවාරි මස 8 වෙනිදා දක්වාවූ වසර නවයක කාලය තුලදී, රනිල් වික්‍රමසිංහ නම්වූ චරිතයට පක්ෂය තුලද, රට තුලද, ජාත්‍යන්තරය තුලද මහා පීඩන සම්භාරයකට මුහුණ දෙන්නට සිදුවිය. මේ සමපිඩිත තත්වයන් තුලදී, ඉතා උපක්‍රමශීලිව, පක්ෂ නායකත්වය තමා අතම රදවා ගනිමින්, සතුරු බලවේගයන් හා සටන් වදිමින් ගමන් කල දේශපාලන ගමන් මගේ, නවක දේශපාලඥයින්ට ඉගෙනීමට ඇති දෙ අති විශාලය.

1.විශේෂිතම සිද්ධීන් වන්නේ,තමන් රටේ ඇති බලවත්ම දේශපාලන පක්ෂයේ නායකයාව සිටියදීම, කිසිදා දේශපාලනය නොකළ, තමන් ආශිර්වාද කල කොටි සංවිධානය  විනාශ කල, යුධ සෙන්පතියාට, ජනාධිපතිවරණයට තරග වැදීමට ඉඩදීමයි.
2., කාලාන්තරයක් තමන්ට එරෙහි පිලේ සිටි ප්‍රබලයකුට ජනාධිපතිවීමට ඉඩ කඩ ලබාදීමයි.
3. පරාජිත ජනාධිපති තුමා තමන් අරලිය ගහ මැදුරින් යන උදෑසන  රටේ එවකට සිටි අගමැතිතුමාට නොව, විපක්ෂ නායකව සිටි මෙතුමා කැදවා. සියල්ල බාරදී පිටව යාමයි.

දැන් මෙතුමා මෙරට අගමැතිතුමාය, පෙර මෙන්ම දැන්ද  මෙතුමා බලවත්ය, මෙතුමා ඉදිරියේ, ව්‍යාවස්ථාව එතුමාට දණ්ඩනමස්කාර කර වදින අතර, එතුමා ඉදිරියේ නිතිය දියෙන් ගොඩදැමූ මාලුවෙක් සේ දගලයි. එදා මෙතුමාගේ රජය විසුරුවා හැරී එදා ජනාධිපතිනිය මෙතුමා සමගය, එදා මෙතුමාට එරෙහිව සිටි ජනතා විමුක්ති පෙරමුණද මෙතුමා සමගය. අපි අගමැතිතුමාගේ, දේශපාලන දිවියට වසර හතළියේ,වට්ස්හ පුර්ණයට සුභ පතන්නෙමු.

Justice Minister suggests BOI shutdown……….News Item

July 27th, 2017

Dr Sarath Obeysekera

BOI is supposed to be one stop shop for investors .People pay money to get registered as a BOI company and keep paying annual fee for it’s upkeep .BOI is also top-heavy agency occupying prime location in the World Trade Centre.

.During JR ‘s time when it was started it was doing a yeoman service to the country by promoting investments and then facilitating speedy approvals .During R Premadasa’s time all Garment Factories were built under BOI flag and investment was booming.

Can anyone identify a single Industry started during the last few years? Highly paid officers globetrotting ,spending public  money holding road shows ,do not contribute to the development .

As suggested ,BOI should be fully shutdown and form an agency under the President and call it the  Investment Support Agency . so that HE the President can personally monitor investments like R Premadasa

 

Confusion prevailing in respect of Reconciliation, Constitutional Changes and UNHRC Resolution

July 27th, 2017

Mahinda Gunasekera, 84 Tambrook Drive, Agincourt, Ontario, Canada  M1W 3L9
July 26, 2017

His Excellency, Maithripala Sirisena
President of Sri Lanka, Colombo 1, Sri Lanka

Copy to: Hon. Ranil Wickremasinghe, Prime Minister

Your Excellency, Honourable Prime Minister, Cabinet Ministers and Elected MPs,

Confusion prevailing in respect of Reconciliation, Constitutional Changes and UNHRC Resolution

The messages coming from leading members of your government tend to be confusing as they often contradict each other, and usually lack any form of consultation with the general public who will be affected by such policies. If there has been any consultation at all, it is with select individuals representing foreign funded NGOs or other special interest groups closely linked to the ruling political hierarchy.

  1. Reconciliation: While the Tamil IDPs have been systematically resettled in the north and east, no such action is being taken to resettle the Sinhalese and Muslim people who were evicted from these regions by the LTTE and other Tamil militant groups that carried on armed warfare to establish a separate state for Tamils encompassing the north and the east. All persons affected by the violence who were displaced from their original places of residence have an inherent right to return to their prior place of residence or alternate acceptable place with state assistance after restoration of normalcy. Even after the elapsing of 8 years since the elimination of LTTE terrorism, there has been a total lack of action as regards the resettlement of affected Sinhalese and Muslim IDPs, although the government keeps harping on reconciliation which requires the equitable treatment of all concerned not withstanding their ethnicity. As a consequence of the lopsided policies being adopted by the state, the north is becoming a mono-ethnic region which will give rise to separatist tendencies leading to yet another violent confrontation in the future that would seriously disturb the peace within the island.

 

  1. Constitutional Changes:   The main areas of concern to the public were the 13th Amendment establishing Provincial Councils imposed on Sri Lanka by the Indian Government which militarily intervened in 1987 contrary to the Bandung and international principles to which they subscribed, to save the Indian trained and funded Tamil separatist terror groups unleashed by India to destabilize the country who were on the verge of elimination at the time. The enabling legislation was consequently passed by parliament through unethical and coercive means compelling the ruling party’s caucus to vote for it under threat of tabling undated ‘letters of resignation’ surreptitiously obtained by the then President . The other areas of concern to the public were the extent of powers wielded by the Executive President in times of peace and normalcy within the country, the maximum term the incumbent Executive President may hold office, and the need for truly independent Commissions to manage key areas such as the police, judiciary, bribery and corruption, public service, human rights, elections, finance, etc.

 

In fact, the present government campaigned on a platform of good governance, elimination of bribery and corruption, investigation and punishment of corrupt activities on the part of previous political leaders and officials, restoration of democracy, rule of law, media freedom and the establishment of independent commissions. They have fallen far short of their commitment with serious charges of new corruption such as the ‘Central Bank Bond Scam’ costing the nation immense amounts by way of higher interest charges for the next three decades including the stifling of the flow of FDIs, and politically motivated actions that have eroded the confidence in the new regime. There were proposals to reduce the powers of the executive presidency to which the present president wholeheartedly agreed, but there was no proposal to revise the existing constitution in its entirety including the pride of place given to the Buddha Sasana in order to give expression to a civilizational pillar which goes into the very root of our existence and history of the nation.  While primacy of place is given to Buddhism which is the philosophy that nourished the nation for over the past 2300 years and gave us the humane values, culture and traditions, space has been provided for the practice all other faiths freely both in private and public without any bars whatsoever.

 

Sri Lankans resident in the homeland and overseas have earlier jointly made proposals to revoke the 13th Amendment imposed by India with the aim of restoring stability and removing any risk of the break-up of the unitary state of Sri Lanka. This involves switching from Provincial Councils to District Councils at the periphery, and scaling back excessive powers devolved to provinces and replacing same with adequate decentralized powers needed by districts to administer local subjects directly concerning the resident community. The District Secretariat already functioning could be easily adapted to serve the New District Councils.  This move could be accompanied by sharing more powers at the Centre to compensate for withdrawal of provincial powers granted at the present time, while at the same time enhancing powers to gramiya (village) units at the grass roots as in the case of India’s Panchayat system.  In addition, share some powers at the Centre by co-opting the elected members and qualified experts within the minority communities to Advisory Bodies to be set up for key Ministries where they would have input in the development of policy, plan implementation and monitoring process giving them an opportunity to have a say in the day to day governance of the nation.  This is a proposal that would win the favour of a majority of the people as it would save an enormous amount of funds wasted by provinces in virtually running a weaker parallel administration to that of the centre.  As an interim measure, steps should be taken on an urgent basis to amend 13A by deleting Police powers, restoring rights over land matters by transferring the related powers to the Central Government, and revoking the right of two or more Provincial Councils from amalgamating to form a unified Provincial Council, pending the holding of a National Referendum to determine the abrogation of the problematic 13th Amendment.

It has been reported in the media that part of the reasons for drafting a new constitution was to give effect to the presence of a multi-ethnic, multi-linguistic and multi-religious society in present day Sri Lanka, and to attempt to heal the divisions and differences and bring about a greater degree of reconciliation amongst the resident populace.  Such thinking is flawed as people of different backgrounds lived in harmony in the earlier historical Kingdom of Sinhale pledging their loyalty to the state and in return receiving equal protection from the crown. The problems that we face today is due to foreign colonial powers having exploited the underlying differences in order to divide and rule the people and create hostilities between different communities thereby destroying the communal harmony and peace within the society. The solution does not lie in highlighting such differences and transforming the society into strict ethnic, cultural, linguistic and religious compartments, which will continue to pull the nation apart in different directions, but drawing strength from the past and building on the commonalities based on our shared values generating trust free of external divisive influences. The people of SINHALE always welcomed persons of different ethnic backgrounds that arrived later in the island to settle freely, making them an equal part of the nation of SINHALE with freedom to observe their cultures and religious beliefs so long as these did not threaten the peaceful co-existence of the resident populace.

 

Certain Tamil leaders and some foreign powers including India have said that a meaningful power sharing arrangement which gives the Tamils a due place must be put on the table, in order to create the stage for reconciliation to take place between the majority Sinhalese community and the minority Tamils who enjoy the same rights as the rest of the citizens.  The Tamils who today number around 8 percent of the total population following the large scale migration of over a million Tamils to the west and other developed countries, have moved out of the north and east with almost 54 percent now living in the rest of the country with a high percentage in and around the capital city of Colombo, in mixed ethnic surroundings.  Whilst the voluntary relocation of the Tamils is welcome, it is best to similarly arrange for other communities to be settled amongst the Tamils of the north and east in order to form similar multi-ethnic societies that will live side by side as in the more densely populated areas of the south to build better human relations leading to peaceful co-existence of the various ethnicities.

Tamil cooperation with the majority community following the grant of independence from Britain was short lived, as a section of the Tamils led by Mr. S.J.V. Chelvanayakam broke away from the Tamil Congress as early as 1949 to form what they called the ‘Ilankai Thamil Arasu Kadchi’’ (Lanka Tamil State Party) where they conjured up a Tamil Nation, but disguised it in English as the Federal Party which would stay within the Sri Lanka state, masking their hidden agenda of establishing a separate state for the Tamils. The ITAK replaced the word ‘Shamasthi’ with ‘innaipatchchi’ in 2008? If Shamasthi meant federal what does Innaipatchchi mean? We can conclude that innaipatchchi does not mean federal but confederal and that explains why ITAK/TNA leaders inclusive of the NPC Chief Minister are making demands that align with a confederal system. In 2008 ITAK not only amended its constitution but included a clause that completely endorsed the 1976 Vaddukoddai Resolution where they decided to form a separate state by all means including armed warfare. In so doing, ITAK & TNA officially puts to paper that its aims & objectives are for a separate state.  Further, political parties should be barred from carrying names with ethnic or religious labels as they tend to heighten racial, ethnic and religious divides and disrupt peaceful co-existence.

Scale down the level of politicization and resultant political rivalry which unduly pits one against the other within society, by at least allowing for election of members of local government bodies based on individual qualifications instead of on party lines for each ward or electorate. This will eliminate confrontational party politics within each ward or electorate and it will greatly reduce excessive rivalry and hostilities at the local level. Adopt each electorate as the unit which elects representatives to the main parliament as well. It will attract better candidates at the general elections to the main parliament, as the need to canvass within a whole district can be avoided by seeking popular support within a single electorate with a smaller budget.

 

A Truth Commission like in South Africa is meaningless with the elimination of the LTTE leadership and them not being present to admit to their wrongdoing.  Regurgitating the unsavory aspects may open up new wounds instead of healing the heavy hearts which is required at the moment.  It is not a good guys versus bad guys issue, but acceptance of the fact that decisions made from time to time are not necessarily perfect and meeting the aspirations of all competing sectors.  The nation has to adopt a forgiving and tolerant attitude to seek well balanced policies in attempting to rectify any shortcomings while ensuring that all citizens are secure from harm and treated justly.

 

A Plan of Action For Reconciliation:  In order that the desired harmony and reconciliation may be achieved, we must refuse to recognize political parties with ethnic or religious labels, and furthermore give positive effect to the fundamental right of ‘Freedom of Movement’ where citizens are free to move to any part of the island which is their common homeland, and settle in wherever they may engage in lawful pursuits to support themselves and their families.  This right of Freedom of Movement is currently not being upheld equally, as the internally displaced Sinhalese and Muslims are not being given equal treatment in the resettlement plans as Tamil IDPs are being given the highest priority.  While in the early 1970’s there were as much as 27,000 Sinhalese and around 75,000 Muslims living in the Northern Province, their natural increases over time too should be taken into account in determining resettlement plans .  Only about 57 Sinhalese families have been permitted to resettle in the Navattakuli area, with no statistics of resettled Muslims being available in the public domain. The few Sinhalese allowed to resettle too have not been provided the same level of assistance extended to the Tamil IDPs, even though they too were displaced owing to violence directed against them by extremist Tamil separatist terror groups.

 

The Sinhalese and Muslims of the eastern province too were attacked by the LTTE and other Tamil separatist terror groups in the 1980’s and 1990’s as they sought this region for their proposed mono-ethnic separate state of Tamil Eelam, forcing many thousands to flee the area thereby depriving themselves of their properties and livelihoods to seek safety elsewhere.  They too have a similar right to be resettled in their places of origin with similar assistance as that  given to Tamil IDPs.  This policy of step-motherly treatment being extended to the Sinhalese and Muslim IDPs is paving the way for Tamil mono-ethnic regions that would tend to drift towards separatism rather than reconciling with the rest in forming a united nation.

 

Reconciliation between people of different backgrounds could take place mainly through interaction in day to day living, by fostering the sharing of space instead of compartmentalizing of different communities to different regions.  The northern province which is predominantly Tamil following the historical events of ethnic cleansing during the time of Sankili, and policies subsequently adopted by our former European colonial masters and the more recent forced evacuations of non-Tamils by Tamil forces seeking a separate state, have led the region to become a mono-ethnic enclave with underlying separatist tendencies given voice to by prominent members of the Tamil community.  While the road and rail links have helped somewhat for the meeting and mixing of communities within and outside the region, more needs to be done to encourage non-Tamils to move to the region just as a large percentage of Tamils have been welcomed by the Sinhalese and Muslims living elsewhere in the country. I would suggest as a policy measure, that the state formally decide to select new settlers in land development projects island-wide on the basis of National Ethnic Ratios, so that new communities will reflect the nation’s make up.  Even the private sector too should be encouraged to follow a similar policy subject to their finding the necessary skills, so that multicultural communities will come into being everywhere.  This will permit more non-Tamils to settle amongst the Tamils in the north and for more Tamils to settle in other areas leading to more interaction and shared community life that will help to establish inter-communal harmony and true reconciliation

 

Flawed UNHRC Process On Sri Lanka:   The UNHRC adopted Resolution A/HRC/25/1 at its sessions held in March 2014 granting the High Commissioner an investigative mandate in violation of HRC Resolution 60/251 and the IB package, which is in direct conflict with the limits of authority of the HC. The High Commissioner, Ms. Navi Pillay has on her own extended the period of the investigation originally fixed from February 21, 2002 to May 19, 2009, to cover the additional period up to November 15, 2011, in direct variance with the enabling Resolution adopted at the March 2014 session of the UNHRC. The Resolution should have called for the investigation of the entire period of the armed conflict which commenced in 1983 and ended on May 19, 2009, as it now leaves out a major portion of the atrocities committed by the Liberation Tigers of Tamil Eelam prior to February 2002 and IPKF operations from 1987 to 1990 against Tamil armed groups in the north and east with reported HR violations.  The UNHRC Resolution is based on the unofficial report commissioned by the Secretary General on his own accord without the authority of the UNGA, UNSC or the UNHRC, where he appointed a three member panel of so called experts from outside the UN system on issues of accountability in Sri Lanka, that looked into the last stages of the conflict covering the period from January 1, 2009 to May 19, 2009. The UNSG most likely influenced by the western funded rights groups, western powers and the remnants of the LTTE rump domiciled in western countries decided to take this course of action against Sri Lanka.

Navi Pillay, the High Commissioner for Human Rights who is a South African of Indian Tamil descent comes from a South African community which has raised funds for the Tamil Tigers and even operated military training camps, which were ordered to be dismantled by President Nelson Mandela at the request of Sri Lanka’s Minister of Foreign Affairs, the Late Hon. Lakshman Kadirgamar.  Her actions tend to be influenced by the views of major western powers which still selectively follow their ‘divide and conquer’ agendas that exploit ethnic, religious and other differences to weaken or even break up nations in the guise of extending democratic freedoms and human rights. In the case of Sri Lanka, her bias is apparently linked to her Indian Tamil roots that induced her community in South Africa to fund the Tamil Tiger terrorists and even arrange secret military camps to throw in their lot to fight alongside the LTTE in pursuit of a separate state of Tamil Eelam” to be carved out of Lanka’s sovereign territory. As an official of an international body reviewing aspects of a conflict involving Sri Lanka and the militant Tamils designated as a terrorist movement by the UN Security Council, she should have been wise enough to recuse herself to avoid criticism of her highly assertive and biased role.

The UN Secretary General Ban ki-Moon selected persons who had publicly declared their antipathy to Sri Lanka such as Marzuki Darussman, Steven Ratner and Yasmin Sooka a close associate of Navi Pillay for his panel.  The panel gathered information mainly from pro-Tamil Tiger supporters, just one side of the conflict which is obviously a prejudiced source, and comes up with what they term as credible allegations” of violations of International Humanitarian Law and International Human Rights Law on the part of the Sri Lankan armed forces. The panel also arrived at guesstimates of civilian deaths repeating the fibs of Gordon Weiss and the ICG of tens of thousands said to be the highly inflated number of around 40,000 without any logical basis, even ignoring the UN Resident Representative’s count of 7,721 from August 2008 to May 13, 2009 without distinguishing between combatants and civilians. The panel which conducted its hearings in New York stated that none of the allegations have been proven, and also that their report does not meet the high standards of a UN report, and further goes on to lock away the evidence presented to them for the next 20 years.  To add insult to injury, Ban ki-Moon causes the panel’s report to be leaked, although it was intended purely for his own guidance in dealing with similar situations in the future, and not meant for worldwide publication or any related UN action.  The SG not only violated the spirit of the Joint Statement with Sri Lanka but acted in an interventionist role outside the limits of his authority to single out Sri Lanka for arbitrary treatment. The SG’s actions are in direct violation of Article 2 (7) of the UN Charter which prohibits intervention in matters which are essentially within the domestic jurisdiction of any state.

Furthermore, these actions on the part of the SG are in contravention of the decision taken by the UNHRC of June 2009, where the issues of human rights and international humanitarian laws were discussed resulting in a resounding vote upholding Sri Lanka’s sovereign right to defend her security using every possible means within her power. It is relevant to quote from the Op Ed column which appeared in ‘The Hindu’ newspaper of June 25, 2010, which stated as followsSri Lanka is a sovereign, independent country, having the indisputable right under the UN Charter itself, to act in its best judgment on issues relating to its internal affairs, especially where maintenance of peace and security is concerned”. Sri Lanka not only eliminated terrorism, but also restored the ‘Right to Life’ of all her citizens who were constantly targeted by the Tamil Tigers, whilst at the same time rescuing 300,000 Tamil IDPs who were being used as a human shield by the cowardly terrorists since resettled, but also rehabilitated and released nearly 12,000 former LTTE fighting cadres with new life skills to society.

 

Two Presidential Commissions have studied this subject of ‘Missing Persons’ and a wealth of material has been gathered after meeting with the affected people. The second commission led by Justice Maxwell Paranagama had the benefit of renowned legal experts from the UK and the USA led by Sir Desmond de Silva, QC, UK, Professor Sir Geoffrey Nice, QC, and Professor David Crane from the USA , who are all highly recognized legal luminaries both internationally and in their respective countries, in an advisory capacity. They are similarly acknowledged by the UN authorities which retained their services in the ICC and other tribunals where leaders of several countries were tried for violation of international humanitarian laws and war crimes in past conflicts. The Paranagama Commission also had a leading military personality in Major General (Rtd.) Sir John Holmes, former leader of the British SAS, who had the experience and background to analyse and study the battle situations faced by the Sri Lanka Army (SLA) in facing the armed LTTE terrorists who forcibly used the Tamil civilian population as a pool of auxiliary forces to be conscripted for battle,( exploited for their labour in building defensive berms, etc., or as a human shield or sandbags), was firmly of the opinion that the SLA took necessary precautions to minimize casualties and assessed proportionality in pursuing their military objectives. Based on the latest information gathered by the Justice Paranagama Commission, they were presented with a total of 19,000 complaints relating to missing persons of whom 14,000 were from Tamil residents of the north many of whom have most likely left Sri Lanka’s shores and even taken different identities,  and 5,000 from family members of security forces personnel who are missing in action during the period from 1983 to 2009.

The report of the Commission had been duly presented to the Government by August 15, 2015, along with the detailed explanatory notes provided by the legal experts in support, wherein paragraph 49, a strong rebuttal of the grave allegations made in the UNSG’s PoE report and the OISL had been provided. Strangely, for some unknown reason, the current government failed to use this valuable report to defend Sri Lanka’s good name at the subsequent sessions of the UNHRC, which is a gross dereliction of duty for which no answer has been received up to now. It has also failed to provide the contents of these reports affecting the country in the national languages for the wider understanding of the general public. The government has failed to represent the people and nation of Sri Lanka by disregarding these expert opinions by bowing to foreign sources with questionable agendas. It is indeed laughable to have the United Nations Human Rights Commissioner, Prince Zeid, call on Sri Lanka to disband the Sri Lanka Missing Persons Commission and assign its work to a more credible body, notwithstanding the fact that we are a sovereign country and an equal member of both the UN and UNHRC of which he is only a paid employee.

The Office of Missing Persons Act No: 14 of 2016 as amended by the Office on Missing Persons (Amendment) Act, No. 9 of 2017, which were hurriedly passed without proper public consultations and just made operative, is not merely an office but a tribunal with a vast array of powers to conduct investigations and even accept evidence disregarding provisions in the Evidence Ordinance. Yet another anomaly is the empowerment of the OMP to receive funds from any source local or foreign which could lead to undue influence in its proceedings. Furthermore, all officers of the OMP have been granted complete immunity from civil and criminal liability for any act or omission on their part or the contents of any report they may publish with the ability to withhold information, even when their actions are reviewed by the Supreme Court overriding articles 126 and 140 of the constitution.  This certainly leaves room for unfair practices and excesses on the part of the OMP to escape public scrutiny giving rise to a great deal of public concern.

It is shocking to say the least to have the leadership of the present government decide to co-sponsor  a resolution drawn up by western countries, INGO and the rump of the LTTE based overseas against Sri Lanka. More damage was done by deliberately shelving the valued legal and military opinions gathered from world renowned experts on the conduct of Sri Lanka’s Security Forces in the armed conflict concluded on May 19, 2009.  The western powers which adopt policies of regime change, engage in military intervention with limitless collateral damage, death and displacement, have as their primary objective not the much publicized democratization of societies or upholding of human rights, but destabilization and the division of countries to enable exploitation of resources, establishing military bases and benefiting otherwise. Due to the lack of foresight on the part of the present national leaders who would do deals to gain power and control the financial and economic levers of the nation, we have opened ourselves to further intrusions by the same western powers who are only focussed on their hegemonic interests and domination over their former colonies.  It is time the public becomes aware of the dangerous waters in which the ship of state is sailing and take measures to steady the course and get a capable captain and crew from amongst the educated and proven leaders in their midst.

Yours sincerely,

Mahinda Gunasekera

Arrest those goons!

July 27th, 2017

Editorial Courtesy The Island

We thought the practice of deploying goons to operate alongside the riot police to crush public protests would end with the 2015 regime change. The present-day leaders, in the run-up to the last presidential election, promised a clean break from the past and a new political culture. But, two-and-a-half years on, we see pro-government thugs operate openly in full view of the police, assaulting as they do protesters, with absolute impunity. They were first sighted in Hambantota, where they pelted stones at a group of Opposition activists protesting against the signing of a controversial port deal with China about seven months ago. Police shamelessly shielded the rock throwing thugs.

On Wednesday, the yahapalana regime laid bare its true face once again. It unleashed its goons on the Ceylon Petroleum Corporation (CPC) workers engaged in a strike against a government decision to hand over the state-owned oil storage facilities to China and India. The military may not want to fight another war for fear of being hauled up before war crimes tribunals. But, the army and the navy go flat out, at the drop of a hat, to crush protests because the UNHRC and the so-called international community don’t care two hoots about workers’ or students’ rights here.

Armed to the teeth and in full battle gear, hundreds of soldiers launched what may be considered the biggest operation since the conclusion of the war in 2009 on Wednesday. Their Entebbe-style offensive, with zero resistance from unarmed oil workers, helped bring the CPC facilities under military control in next to no time! The troops were backed by the STF in the task. After the army and the STF had secured the ‘enemy territories’ a group of club-wielding yahapalana goons swung into action to carry out mopping-up operations around the Kolonnawa oil installation. They can be seen in the photographs we have published including the one on this page today.

Police valiantly descend on even drunkards who micturate in public. They also round up schoolboys who misbehave near girls’ schools during the big match season. But, none of the goons who assaulted the CPC workers had been arrested until this edition went to press.

Various excuses are being trotted out for police inaction. The Police Spokesman has apparently gone missing. What takes the cake is Sports Minister Dayasiri Jayasekera’s explanation. He has, true to form, put his foot in the mouth once again. He doesn’t seem to have learnt anything from his disastrous encounters with Susie and Malinga. He has, in answer to a question posed by this newspaper, claimed that the CPC protesters were attacked by members of the public who were angered by the strike. We are reminded of one of the many goon attacks on protesters under the Rajapaksa government. UPFA thugs were once seen carrying sticks among the riot police personnel in Colombo. Subsequently, asked why police had not taken any action against the thugs, the then Police Spokesman audaciously claimed they may have been carrying sticks to ward off stray dogs!

Many civil society outfits, trade unions etc, threw their weight behind the yahapalana campaign, condemning the Rajapaksa government and promising to restore the rule of law and democratic rights. Where are those ardent champions of democracy? Their silence is deafening.

The goons who set upon the CPC workers can be easily identified. They must be arrested for that serious offence. The yahapalana government must ensure that police act without further delay. Let all civil society organisations, human rights groups and trade unions be urged to crank up pressure on the government to do so. It is no use asking the Joint Opposition to take up cudgels for the people whose rights are being blatantly violated. It, too, has chosen to play softball with the yahapalana government. Its bark is worse than its bite! There is a pressing need for a robust Opposition to act as a counterweight to the present administration which signals left and turns right.

Elevation of Shiran Guneratne to the Court of Appeal

July 27th, 2017

By Hemantha Warnakulasuriya Courtesy The Island


I was happy to receive the news that Shiran Guneratne had been nominated by Chief Justice Priyasath Dep to fill one of the 03 vacancies in the Court of Appeal. But, I was also deeply concerned that the evil forces, conspiring to destabilise the independence of the judiciary, would work overtime to prevent the Constitutional Council from approving the recommendations of the Chief Justice. These evil forces shouted themselves hoarse, in a most despicable manner, against the most Senior High Court Judge, Manilal Waidyathilake being appointed to the Court of Appeal. Waidyathilake is the most Senior High Court Judge; he was transferred from Kandy to take the position of the most Senior High Court Judge and sit in the Colombo High Court’s Court No. 1 in the Western Province. It has been the practice that before a Judge is elevated to the Court of Appeal, he is enabled to act as the most Senior High Court Judge in Court No. 1, Colombo.

Rumors are spreading at Hulftsdorp about the manner in which the evil forces conspire to have their favourites appointed to the judiciary. They insult the judges who have not found favour with them; they hound such judges by accusing them of being corrupt or branding them as loyalists of the previous government or making some other unsubstantiated allegations. The sinister elements who did not get favourable judgments rallied round to prevent Manilal Waidyathilake being promoted. If such a thing had happened during the time of President Mahinda Rajapaksa, the Bar Association of Sri Lanka (BASL), and its head would have asked for the intervention of the executive to prevent such sordid manipulation of the judiciary and to stop that unwarranted interference. But now the Bar is silent.

We all rallied behind BASL President Upul Jayasuriya, who spoke out against the Executive for overlooking Sriskandarajah when the President of the Court of Appeal, which was responsible for squashing the Select Committee Report on Shiranee Bandaranayake, was appointed. Jayasuriya, after the untimely death of Sriskandarajah, said, “From this day his vision would move away from our sight, but his mission, though uncompleted, would linger in our hearts and memories. Until such time he would not have died in vain”.

A similar fate befell justice Guneratne for dismissing a Select Committee Report as regards former Chief Justice Shiranee Bandaranayake. But, justice prevailed and he is one of the most loved Justices of the Supreme Court.

We are thankful to the present Chief Justice for having recommended Gunerathne to fill one of the vacancies in the Court of Appeal, and silencing the web mafia.

Government’s new strong-arm approach

July 27th, 2017

By C. A. Chandraprema Courtesy The Island


In view of the CPC strike the army and the STF were deployed at the Kolonnawa and the Muthurajawela oil storage facilities on Wednesday. Many persons armed with clubs etc were seen threatening and attacking the strikers at Kolonnawa. (File photo)

Last Wednesday, for the first time in living memory, the military was deployed to distribute fuel in the wake of the Ceylon Petroleum Corporation strike. My generation has seen many things in our lifetimes, civil war, terrorism, suicide bombings, World War II scale military debacles, piles of dead bodies – the whole works, and we thought we had seen it all and that in the interval between now and our death, we would not see anything that we had not seen earlier and that life would be at the very worst, seeing a repetition of what we had seen earlier. But the present government has proved us wrong. They have shown us many things that we never thought we would see in our lifetimes. A Chief Justice sacked with just a chit from the Presidential secretariat, the majority group in parliament which votes against the budget and holds separate political rallies, denied the leadership of the opposition on the basis that they are a part of one of the governing parties and other strange and new things.

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It was also the first time that we had seen the military deployed to distribute fuel in the wake of a strike. We had seen the military deployed to run the passenger transport on the roads in the wake of the forced CTB strike that the JVP induced in 1989. But that was not a strike by legitimate trade unions, but a strike that was enforced by terrorists at the point of a gun. What we saw on Wednesday was however normal trade union action. This is not to say that trade unions cannot be unreasonable. We have seen some very unreasonable strikes in the past. During the Chandrika Kumaratunga government, there was a month long postal strike demanding the removal of the head of the Department. During the Rajapaksa government we have seen strikes by midwives in opposition to nurses and vice versa. Then there was that strike by university teachers in 2012 demanding that 6% of the GDP be allocated to education.

So there has been no shortage of unreasonable trade union action. However, the CPC strike last Tuesday was based on three demands – not leasing the Trincomalee oil tank farm to India, handing over the Hambantota bunkering facility to the CPC and the modernisation of the Sapugaskanda refinery. None of these were based on parochial interests which often motivate trade unions. For example, even though the 2012 university teacher’s strike was sold to the public as a demand for more money to be allocated for education, the actual reason why the university teachers engaged in the strike was to win more personal perks which included an allowance to educate children of university teachers in private schools. However there were no such hidden demands in the CPC strike last Tuesday.

It was all over a matter of policy. The CPC in particular has been watching bits and pieces of their institution being sold off over the years. The lubricants division was sold off to a private company. Some of the filling stations were sold off to the Indian Oil Company. One of their demands was that the Hambantota port bunkering facility be handed over to the CPC – which given the potential it has, was a reasonable demand especially view of the fact that the CPC has been depleted of income earning assets over the years especially under the previous UNP government of 2001-2004. The way the government met the CPC strike was to send the military in to forcibly enter the CPC premises and to take over the distributive functions. Striking workers were arrested by the police and bundled into trucks to be taken away to the hoosegow.

They were granted police bail later in the night but the arrested workers had complained to visiting opposition parliamentarians that they had been assaulted by the police and by pro-government thugs as well. There is, in fact, video footage and newspaper pictures of thugs armed with clubs chasing after workers. This strong arm approach to strikes does not come in isolation. At the same cabinet meeting that decided to approve the 99 year lease of the Hambantota port, the other important decision that was made was that all Provincial Council elections will be held on the same day. For all practical purposes, that will be a way of heading off the elections to the three PC elections in the NCP, Sabaragamuwa and the East which will stand automatically dissolved in early October this year. If these elections were held and the government either lost or came close to losing, that would have sealed their fate. A defeat at any election at any level – whether local government, provincial or national will effectively end the government’s ability to govern.

The fact that Cabinet has taken a decision that all PC elections will be held on the same day does not necessarily mean that the elections will be postponed. A cabinet decision cannot postpone a PC election – the Constitution itself will have to be changed for that. Article 154E of the Constitution states: “A Provincial Council shall, unless sooner dissolved, continue for a period of five years from the date appointed for its first meeting and the expiration of the said period of five years shall operate as a dissolution of the Council.” According to this provision, the Sabaragamuwa, North Central and eastern PCs will cease to exist after early October. Unless the Constitution is changed, there is no way that the terms of the existing councils in those three provinces can be extended.

The government has a two-thirds majority in Parliament so they can amend the Constitution. However, the sticking point is that if they try to Amend Article 154E of the constitution so as to extend the original term for which the PC was elected, there is the possibility that the Supreme Court may interpret it as an infringement of Article 3 of the Constitution, which speaks of the franchise. Article 3 is an entrenched provision on our constitution which cannot be amended without a referendum in addition to the two thirds majority in parliament. Any move that impinges in any way with the right to vote is interpreted as an infringement of Article 3 and hence necessitating a referendum. This is also why the government has not been able to abolish the executive presidency. Turning the elected president into a non-elected president will be interpreted as a impinging on Article 3 and therefore needing a referendum.

If not for this Article 3, which keeps popping up in the most inconvenient fashion, any provision relating to the president in the constitution can be amended with only a two thirds majority in parliament because none of those provisions are entrenched. Now, if the government in its eagerness to put off the impending provincial council elections seeks an interpretation from the Supreme Court that such postponement does not impinge on the franchise, that may have a knock on effect on the provisions relating to the executive presidency as well and place President Sirisena’s job in jeopardy.

According to Section 10 of the Provincial Councils Elections Act, No. 2 of 1988, once the dissolution of a provincial council takes place under Article 154E of the Constitution, the provincial Councils elections law kicks in and within a week of such dissolution, the Commissioner shall publish a notice of his intention to hold an election to such Council and call for nominations. After the nominations proceedings are over, according to Sections 20 and 22 of the Provincial Councils Elections Act, the district returning officers will fix the date of the poll. One way for the government to postpone holding the PC elections would be to suitably amend the provisions of the PC Elections Act instead of the constitution. The need of the government is avoid holding an election, not to extend the terms of the existing PCs.

The only way to extend the term of a PC is to amend the Constitution but by fiddling about a little with the PC elections law No 2 of 1988, it will be possible to postpone holding elections to a council that has been dissolved. This in fact seems to be the likelier scenario. Thus we may be in for a period when PCs stand dissolved when their five years is up in accordance with the constitution, and then there will be no provincial councils in those three provinces, just as there are no local government institutions. In fact, the government does have an excuse for putting off elections to the PCs, too, because they are planning to bring in a new Constitution, and can claim that it will make more sense to hold elections to the PCs once the constitutional reforms are in place. Thus, we will become the only nation on earth to have good governance without elections.

ජනමතවිචාරණය දිනවන්න ලෑස්ති වෙන්නැයි අගමැති NGO ලොක්කන්ට දන්වයි !

July 27th, 2017

නව ව්‍යවස්ථාවේ මූලික කෙටුම්පත් ලබන අගෝස්තු මස පාර්ලිමේන්තුවට ඉදිරිපත් කරන බවත්, නව ව්‍යවස්තාව ජනමතවිචාරණයකින් සම්මත කරගැනීම සදහා සූදානම් වන ලෙසත් අග්‍රාමාත්‍රනිල් වික්‍රමසිංහ මහතා ‘පුරවැසි බලය‘ ඇතුළු රාජ්‍නොවන සංවිධාන ප්‍රධානීන්ට දන්වා ඇත.

වත්මන් ආණ්ඩුව බලයට පත් කිරිම සදහා කැපවූ රාජ්‍නොවන සංවිධාන ප්‍රධානීන් පිරිසක් සමග පසුගිය ජූලි 21 වනදා අරලියගහ මන්දිරයේදී පැවති සාකච්ඡාවකදි අගමැතිවරයා මේ බව දැනුම් දුන්නේය.

මූලික කෙටුම්පත පාර්ලිමේන්තුවට ඉදිරිපත් කිරීමෙන් අනතුරුව පිළිබද රටේ සාකච්ඡාවකට භාජනය කර අවසන් කෙටුම්පත පාර්ලිමේන්තුවේ තුනෙන් දෙකක අනුමැතියෙන් පසු ජනමතවිචාරණයකට යොමුකර බවත් සදහන් කළ අගමැතිවරයා ජනමතවිචාරණය ජය ගැනීම සදහා සූදානම් වන්නැයිද ප්‍රකාශ කර තිබේ.

විවිධ පාර්ශව වලින් එන විරෝධතා එතරම් ගණන් නොගත යුතු බව ප්‍රකාශ කර ඇති අගමැතිවරයා ආණ්ඩුව බලයට පත් කිරීමට කැප වූ පුරවැසි බලය ඇතුළු සංවිධාන වෙනුවෙන් තමන් නිරතුරුවම පෙනී සිටින බවද සහතික වී ඇත.

මෙම සාකච්ඡාව සදහා, දඹර අමිල හිමි, ආචාර්ය වික්‍රමබාහු කරුණාරත්න, ගාමිණී වියන්ගොඩ, සමන් රත්නප්‍රිය, ධර්මසිරි බණ්ඩාරනායක, නිමල්කා ප්‍රනාන්දු, කේ.ඩබ්. ජනරංජන ඇතුළු රාජ්‍නොවන සංවිධාන ක්‍රියාකාරීන් 20 දෙනෙකු පමණ සහභාගී වී ඇත.

නව ව්‍යවස්ථාවට ජනාතා කැමැත්ත ලබා ගැනීම සදහා ‘පුරවැසි බලය‘ විසින් මේ වන විටත් රට පුරා සම්මන්ත්‍රණ මාළාවක් ආරම්භ කර ඇති අතර, සදහා දෙමළ බෙදුම්වාදය වෙනුවෙන් පෙනී සිටන, ආරක්ෂක හමුදාවට යුධ අපරාධ චෝදනා එල්ල කිරීම සදහා දෙමළ ඩයස්පොරාව සමග එක්ව කටයුතු කරන පිරිස්ද පෙරමුණ ගෙන කටයුතු කිරීම විශේෂිතය.

Sri Lanka agrees on port deal with China

July 27th, 2017

Courtesy Port Strategy

27 Jul 2017
 The cabinet of Sri Lanka has cleared a revised deal for its Chinese-built port of Hambantota following public anger towards terms of the first pact.

According to Reuters, under the new agreement cleared on July 25, the Sri Lankan government has limited China’s role in the port to the running of commercial operations, while Sri Lanka maintains oversight of broader security.

The port has been the subject of controversy following Chinese state-run China Merchants Port Holdings’ signature of an agreement granting them an 80% stake in the facility.

Chinese control of Hambantota, part of its modern-day “Silk Route”, as well as a plan to acquire 15,000 acres to develop an industrial zone next door, had sparked concerns, primarily in India but also in the US and Japan, that Chinese naval vessels could use the port.

The first deal’s terms also sparked street protests by Sri Lankans, who were concerned they would lose their land, while politicians said that such large-scale transfer of land to China encroached on Sri Lanka’s sovereignty.

According to Reuters, the document says that two companies are being established to split operations at the port and alleviate concerns about the port being used for military purposes.

China Merchants Port Holdings will hold an 85% stake in Hambantota International Port Group – which will run the port and its terminals – with the remaining shares being taken by the Sri Lanka Ports Authority.

A second firm, Hambantota International Port Group Services Co., will be created to oversee security operations, with Sri Lanka holding a 50.7% stake and China holding 49.3%.

China has been creating what military officials call a “String of Pearls”, or a network of friendly ports where the country’s warships can refuel, through its building of ports in Pakistan, Sri Lanka, Bangladesh and smaller island nations.

According to Reuters, Ports Minister Mahinda Samarasinghe said that a number of foreign missions had sought clarification about whether the Chinese navy would be using Hambantota port.

“We told China that we can’t allow the port for military use and that 100 percent responsibility of security matters should be with the Sri Lankan government,” he reportedly said.

Reuters also said that China Merchants Port Holdings had also agreed, in the document, to reduce its share in the Sri Lankan joint venture running the port’s commercial operations to 65% after 10 years.

According to the news agency, one source commented on the new agreement: “They [Sri Lanka] emphasized that they wanted to maintain balanced relations with other countries.

“But the deal is still beneficial for China in terms of revenue.”

http://www.portstrategy.com/news101/world/asia/sri-lanka-agrees-on-port-deal-with-china

Former LTTE cadre sentenced to life imprisonment for abducting and recruiting children to fight during war

July 27th, 2017

Vavuniya High Court on July 26 sentenced K. Dasan, a former cadre of Liberation Tigers of Tamil Eelam (LTTE) for abducting and recruiting children to fight during the war, to life imprisonment, reports Colombo Page. In 2008, complaints have been lodged with the Police that the suspect had abducted children on several occasions. However, the Police at the time were not able to arrest him since he was with the terrorist organization. After the end of the war, the suspect has surrendered to the security forces and was rehabilitated. Following his return to his home in Kilinochchi, the Police had taken him into custody on a complaint made by his family and produced him in court for trial.

Meanwhile, the European Court of Justice in Brussels on July 26 removed LTTE from its terrorism blacklist, reports Colombo Page. In 2006, the Council of the European Union placed on the list the LTTE, a movement which opposed the Government of Sri Lanka in a violent confrontation that resulted in the LTTE’s defeat in 2009. The Council has maintained the LTTE on the list ever since. By the judgment the Court of Justice reaffirming its case-law, said the European Union had not provided any evidence showing that the LTTE was a risk after their military defeat in 2009.

STF security for HC Judge Ilancheliyan

July 27th, 2017

Courtesy Ceylon Today

The Special Task Force (STF) will, on a directive issued by President Maithripala Sirisena, provide security to Jaffna High Court Judge M. Ilancheliyan, informed sources said.

An eight-member STF team, led by a Sub Inspector, will provide security to Judge Ilancheliyan’s residence and his convoy.

On the directions of President Maithripala Sirisena, Inspector General of Police Pujith Jayasundara, in coordination with STF Commandant and the Deputy Inspector General of Police for Jaffna, had worked out the security plan for the High Court Judge, informed sources said.

Judge Ilancheliyan even stressed on the need to strengthen his security soon after his bodyguard, Sub Inspector Sarath Premachandra was gunned down, by a man who was believed to be under the influence of alcohol, on the Southern street of historic Nallur Kanthaswamy temple in Jaffna, last Saturday(22).

Lawyers, from all five districts in the Northern Province, along with several civil society organizations have been staging demonstrations in the North to condemn the attack carried out on the High Court Judge’s convoy while expressing their condolences on the death of Sub Inspector Sarath Premachandra.

Meanwhile, Sarath Premachandra’s funeral in his home town Chilaw was held with full Police honours yesterday. The dead Sergeant was posthumously elevated to the rank of Sub Inspector. (PA)


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