Courtesy Adaderana

September 17, 2022   07:28 pm

Three institutions that were under the purview of the Ministry of Finance, Economic Stabilization and National Policies have been brought under the Ministry of Investment Promotion, through an Amended Gazette Extraordinary.

Accordingly, the Board of Investment (BOI), the Export Development Board (EDB) and the Port City Commission which were under the Ministry of Finance have been placed under the Ministry of Investment Promotion.

The relevant gazette notification has been issued on Friday (16) by President Ranil Wickramasinghe, who is the Minister of Finance, Economic Stabilization and National Policies.

The Ministry of Investment Promotion continues to remain under the purview of President Wickremesinghe as no cabinet minister has been appointed for that portfolio.

Meanwhile Dilum Amunugama, who serves as the State Minister of Investment Promotion, has been appointed as the Acting Minister of Investment Promotion until the President returns to the country following his visit to the UK to attend Queen Elizabeth II’s funeral. 

Courtesy Adaderana

The Acting Registrar of Pesticides, Mr. Lasantha Ratnaweera, says that the news published in two Sunday newspapers claiming that poisonous rice was imported to Sri Lanka, is completely false and baseless. 

He said that no such research as claimed in the news article has been conducted by the Office of the Registrar of Pesticides since January this year.

Mr. Ratnaweera said that the relevant newspapers have prepared the news using a report related to a research conducted in 2017, but even so, the contents are also flawed. The Acting Registrar of Pesticides further stated that publication of such false news could lead to public unrest. 

Therefore, he said it is prudent to verify such news from the relevant parties when reporting such sensitive matters.

Expressing his views in this regard, Mr. Ratnaweera further said that the results of a report mentioned in the article is that of research done in 2017 on 68 samples from the Kandy area. However, he pointed out that the research information has also been wrongly reported, as heavy metals usually exist in small quantities, they are measured in tenths of a thousandths. But these newspapers have reported that the amounts are in percentages, he said.

The Acting Registrar of Pesticides said that there is no way to find a method of measuring heavy metals in percentages anywhere in the world and it is not practical. He noted that the research report has been reported without proper study and this can lead to public unrest by highlighting wrong and false information.

He also said that if this does not apply to the rice tested from January 2022, there is no basis for such reporting.

Meanwhile the Secretary to the Ministry of Trade, Commerce and Food Security Mr. Sisira Kodikara said that measures will be taken to file a complaint with the Criminal Investigation Department (CID) regarding this incident and the newspaper report which contained wrong sources to mislead the public.

Source: PMD

Sugath Kulatunga

Take then thy bond, take thou thy pound of flesh- This bond doth give thee here no jot of blood;” Merchant of Venice -Shakespeare.

India came to support Sri Lanka in our moment of utter despair ravaged by a unprecedented economic and social crisis when no other nation responded to our plight, for which SL will be ever grateful to India. But it is unfortunate that India has come out with a statement at the current sessions of the UNHRC inimical to SL which is obviously to please a domestic constituency. The Indian delegate has stated that the Indian delegation notes with concern the lack of measurable progress by the Government of Sri Lanka on their commitments of a political solution to the ethnic issue – through full implementation of the 13th Amendment of the Constitution, delegation of powers to Provincial Councils and holding of Provincial Council elections at the earliest,”

The primary objective of the 13^th Amendment was to establish Provincial Councils with devolved power. The way it was done was obnoxious, the scope of powers delegated was unacceptable and the implementation of the Provincial Council system flawed & problematic.

13^th Amendment to the Constitution of Sri Lanka was forced on the political leadership of the country as a consequence of the Indo- Sri Lanka Accord of 1987. The bona fides of the Indian Government in the naked intervention in the domestic politics of Sri Lanka have been widely questioned. A solution to the issue of power sharing in Sri Lanka was not the primary objective of the Indian intervention. The Accord was a convenient entry to impose outrageous conditions on Sri Lanka, which was done through the Exchange of Letters” to coerce a small country to submit to the strategic objectives of India. It was an unwarranted intrusion aimed at imposing Indian hegemony in South Asia. The Indian opposition political parties criticized the interference as an effort to divert the growing hostility to the Congress party in the domestic sphere. Most of the conditions, which were to prevent US influence in Sri Lanka, have no relevance today. India is now a most favored nation of USA and is a member of the US inspired QUAD. The Accord itself became a dead letter when India failed to make the LTTE accept it. Most importantly, it was also not an agreement between the Tamil community and the Government of Sri Lanka. Today even India does not refer to the infamous Accord as they realize it is a dead letter but mentions of only political commitments”

The Book by former High Commissioner of India J. N. Dixit titled ‘Assignment Colombo’ reveals the pressures, threats and the coercion used to get President Jayawardhane to accept the Agreement and its byproduct, the 13^th Amendment. Dixit, who was also a prime mover in this despicable intervention, records the almost unanimous and intense opposition to the Indian proposals by the Cabinet of Ministers. Dixit recounts how the final draft of the Accord was hatched at the India House (Residence of the Indian High Commissioner) between himself and one minister of the Jayawardhane cabinet. When the draft was discussed with the rest of the Cabinet, the Cabinet members raised their strong doubts and vehement objections, which were haughtily dismissed by Dixit. He describes with glee how he bludgeoned the Sri Lankan Ministers to submission. He reveals that there was no approval of the Cabinet, which left the decision on it solely to the President. What can be concluded from the references by Dixit to the discussions with the Cabinet and the individual Ministers is that they had been totally one sided, where he (Dixit) was not agreeable to effecting even minor changes to the Indian proposals.

A few days after the signing of the Accord, in the first public statement made by Prabhakaran on August 4, 1987, he stated very clearly This agreement did not concern only the problems of the Tamils. This is primarily concerned with Indo-Sri Lankan relations. It also contains within itself the principles; the requirements for making Sri Lanka accede to India’s strategic sphere of influence. It works out a way for preventing the disruptionist and hostile foreign forces from gaining footholds in Sri Lanka. This is why the Indian government showed such an extraordinary keenness in concluding this agreement.”

The13^th Amendment did not prevent the separatist war which continued until May 2009 despite the intervention of the Indian Army.

Rodney Tasker: Far Eastern Economic Review, Hong Kong, August 13, 1987, pp.8-9, under the caption Rajiv’s gunboat peace”, reported that” Jayewardene has allowed Gandhi to extend Indian hegemony beyond its shores. In an exchange of letters between the two leaders attached to the accord, Jayewardene has granted New Delhi the right to vet his country’s strategic stance – including any foreign military presence on the island.”

 The opposition to the Rajiv – Jayewardene Accord came from all corners of the Sinhalese polity long before the LTTE weighed in against it. Because this Accord, in the words of the opposition SLFP’s critique, hatched under a veil of secrecy and signed in haste under a nationwide curfew followed by tight press censorship, a ban on meetings and a military presence which prevented people affected by it from expressing their views publicly.” [Far Eastern Economic Review, Aug.13, 1987].

The legitimate question people ask at this juncture is, where is the morality and the justification of continuing with the Accord and its derivative the 13^th Amendment. It is noted that the Accord was, thereafter, approved by the Parliament, which was itself not one elected by a popular vote but continued in power through the device of a highly questionable referendum.

The following record of a press interview held immediately after the signing of the Accord quoted in Chapter 34 of the online publication titled Sri Lanka: The Untold Story” reveals the intense pressure brought on Parliament and the warning of dire consequence if the passage of the legislation relating to the accord was be blocked by Parliament.

President: Well, when I bring legislation to Parliament and Parliament does not pass it, then I’ll dissolve Parliament.

President: Well, everybody is free to oppose. When it comes to the stage of opposing to the extent of defeating those in authority, either those in authority must go or others must go.”

The public opposition to the Accord and the 13^th Amendment was violent and widespread. It is estimated that over 40,000 young lives were lost in the government efforts to control the violence in the ensuing years. It cannot be over-stressed here that the LTTE and the major Tamil political parties rejected it outright.

When the 13^th Amendment was challenged in the Supreme Court four out of nine Judges of the Supreme Court, held that the provisions of the 13th amendment were inconsistent with Articles 2, 3, 4 or 9 of the Constitution.

The statement by the former CJ Sarath N Silva confirms the problems of hastily grafting certain provisions in an alien Constitution into a totally different local situation.   The 13th amendment is not a document that was formulated with much thought. It is one that was put together in haste to go with the Indo-Lanka accord. This amendment compiled by taking parts of the Indian constitution doesn’t suit Sri Lanka at all. As India is a large county, they must decentralize power. However, practically, it is not possible in our country. Specially, devolving police and land powers is not practical at all.”

On the statement of the former CJ on the size of India, It must be noted that the average population and the average geographical area of a State of India are more than 18 times the population and the physical area of a Province in Sri Lanka!  

There is no doubt that the inspiration for the 13^th Amendment was derived from the Indian Constitution and under the unequivocal auspices of the Indian government. There is no gainsaying that the text of most Articles and the Schedules so transposed, are identical with those found in the Indian Constitution. According to Dixit (Page 181-‘Assignment Colombo’) the authors of the proposals in the 13^th Amendment were the Indian Ministers Natwar Singh and Chidambaram. It would appear from Dixit’s book that the proposals for the devolution of powers and the related constitutional procedures called the 19^{th of} December Proposals” had been discussed by the two Indian Ministers with President Jayewardene and the Cabinet at least 6 months before the Accord was finally signed. of these proposals. As stipulated in Article 2.15 of the Indo Sri Lanka Accord, the Agreement was made conditional to an acceptance of these proposals finalized by December 1986. Residual matters not finalized had to be resolved between India and Sri Lanka within a period of six weeks of signing the Agreement. Here again the conclusion can only be that the India had a predetermined ‘made in India package’ and was bent on ramming it down the throat of a distraught government of Sri Lanka.

Legal luminaries like H.L.de Silva and R. S. Wanasundera have pointed out that it violates the unitary status of the Constitution. Although Tamil parties consider that the 13^th Amendment does not meet Tamil aspirations for self-government it is on record that Rajiv Gandhi, who was the chief architect of the Indo- Sri Lank Accord, had given an assurance to Prabhakaran that ‘the newly created North-Eastern Province for Tamils will enjoy as much powers as Tamil Nadu enjoys in India.” (Triumph of Truth: The Rajiv Gandhi Assassination-Investigation by Kaarthikeyan and Radhavinod Raju Karthikeyan)

The current public debate on the 13^th Amendment is focused on the following issues.

1. Implementation of the 13^th Amendment less powers on Police and Land…
2. Implementation of the 13^th Amendment in in full.
3. To go beyond the 13^th Amendment – 13^th Amendment Plus.
4. In a holistic approach re-examine the devolution of power on the internationally accepted principle of subsidiarity and devolve power to the district which is the lowest level with the capacity to implement devolved power.

There has been a vigorous debate on Items 1, 2 and 3. Discourse on Item 4 is yet to come. This essay focuses on Item 3, and is an attempt to show that the ‘13^th Amendment already is Indian Constitution ‘PLUS’ drawing attention to the following:

1. Some important provisions of the Indian Constitution relating to central government power have been omitted in the 13^th Amendment to the Constitution of Sri Lanka.
2. The key provisions of the Indian Constitution on the Center- State relations have been watered down in favor of the Provinces in Sri Lanka.
3. There is more power devolved to the Provinces in Sri Lanka than the power enjoyed by the States of India.

The sequence of the comparisons is based on the order of the Articles in the Indian Constitution.  

1. In terms of Article 3 of Indian Constitution the Parliament of India may

(a) Form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State;

(b) increase the area of any State;

(c) diminish the area of any State;

(d) alter the boundaries of any State;

(e) alter the name of any State:

This can be done with a simple majority of votes in the Parliament provided that the President seeks the views of the States on the proposal.

In the case of Article 154(A) of the 13^th Amendment it is obligatory on Sri Lanka to establish a Provincial Council for every Province. The Parliament of Sri Lanka can join one or more Provinces but cannot resort to other options as provided for in the Indian Constitution. For example boundaries of a Province cannot be altered even with the concurrence of the Provinces affected.

(Eastern Province has already been separated from the Northern Province in a determination of the Supreme Court of Sri Lanka and cannot be changed by executive or legislative order.)

2.  Article 44 of the Indian Constitution requires the (Indian) State to endeavor to secure for the citizens a uniform civil code throughout the territory of India. The 13^th Amendment to the Sri Lanka Constitution has no such requirement, the absence of which could lead to many legal tangles.

3. Article 76 (3) of the Indian Constitution gives the Attorney General of India, the right of audience in the performance of his duties in all courts of India. The 13^th Amendment has no such provision.

4. Article 136 of the Indian Constitution enables the Supreme Court, in its discretion, to grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India. In the 13^th Amendment (Article 154 P (6) the right of appeal is to the Court of Appeal.

5. Article 139 A of the Indian Constitution empowers the Supreme Court, in cases where questions of substantial and general importance are involved to withdraw cases pending before High Courts and dispose of the cases by itself.

The Supreme Court may, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.

13^th Amendment does not have any such provisions.

6. Article 141 of the Indian Constitution stipulates that the law declared by the Supreme Court shall be binding on all courts within the territory of India.

 There is no parallel provision in the 13^th Amendment.

Article 141 (1) of the Indian Constitution enables the Supreme Court to pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India.

There is no parallel provision in the 13th Amendment to the Constitution of Sri Lanka.

7. Power of the Central Government under the Constitutions of both India and Sri Lanka are vested in the post of Governor and exercised by him where necessary in consultation with the President.

As per Article 156. (1) of the Indian Constitution, the Governor appointed to an Indian State shall hold office during the pleasure of the President.

Under Article 154B (4) (a) in the 13th Amendment, a Provincial Council, with the approval of a two thirds majority of the members of the Council, may present an address to the President advising the removal of the Governor on the ground that the Governor

(I) Has intentionally violated the provisions of the Constitution.

(ii) is guilty of misconduct or corruption involving the abuse of the powers of his office; or

(iii) is guilty of bribery of an offence involving moral turpitude.

This power vested with a Provincial Council is not conducive to independent action by the Governor, particularly as an offence of misconduct and abuse of power are subject to wide interpretation. 

Sarkaria Commission on Centre State Relations, appointed by the Government of India, chaired by Justice R. S. Sarkaria, published in the year 1988, states that . while discharging his role as a constitutional sentinel and a vital link between the Union and the State, the Governor may have incurred the displeasure of the political executive in the State. Therefore, the removal of a Governor through the process of impeachment by the State Legislature or in pursuance of a written request from the Chief Minister, following a resolution of the Legislative Assembly, may not ensure objectivity and impartiality”.

8. Article 165. (1) of the Indian Constitution requires that the Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State.

(2) In the Indian Constitution it shall be the duty of the Advocate-General to give advice to the Government of the State upon legal matters. Article 177 empowers the Advocate-General for a State the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly of the State.

There is no parallel provision in the 13th Amendment to the Constitution of Sri Lanka.

9. By Article 192 (1) of the Indian Constitution the Governor is vested with the power of deciding on whether a member of a House of the Legislature of a State has become subject to any disqualifications mentioned in clause (1) of article 191 and his decision on the matter shall be final.

There is no parallel provision in the 13th Amendment to the Constitution of Sri Lanka.

10. Reference Article 203 (3) of the Indian Constitution a Legislative Assembly in a Province cannot demand a money grant except on the recommendation of the Governor.

There is no such role for the Governor in a Province in the 13th Amendment to the Constitution of Sri Lanka but has been introduced by Article 26 (3) of the Provincial Council Act No 42 of 1987.

11. Article 205 of the Indian Constitution requires that the Governor present Supplementary Budgets to the Legislative Assembly.

There is no parallel provision in the 13th Amendment to the Constitution of Sri Lanka, but has been introduced by Article 26 (3) of the Provincial Council Act No 42 of 1987.

.

12.  Reference Article 207 of the Indian Constitution a Money Bill cannot be introduced in a Legislative Assembly without the recommendation of the Governor.

The 13th Amendment to the Constitution of Sri Lanka does not give such a power to the Governor but has been introduced by Article 26 (3) of the Provincial Council Act No 42 of 1987.

13. Reference Article 211 of the Indian Constitution, no discussion shall take place in the Legislature of a State with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties.

There is no such provision in the 13^th Amendment.

14. Reference Article 213 of the Indian Constitution the Governor, under certain circumstances is empowered to promulgate ordinances.

There is no parallel provision in the 13th Amendment to the Constitution of Sri Lanka.

15. Under Article 222 of the Indian Constitution 222 it is the President who may, after consultation with the Chief Justice of India, transfer a Judge from one High Court to any other High Court.

Reference Article 154P (2) of the 13^th Amendment the transfer of Judges is vested in the Chief Justice.

16. Article 6[239AA of the Indian Constitution provides for the creation of a Capital Territory which does not come under any State.

There is no parallel provision in the 13th Amendment to the Constitution of Sri Lanka.

17. Reference Article 243 of the Indian Constitution, a number of institutions for the empowerment of the people at sub State level shall be constituted in every State. These are

i). Panchayats at the village, intermediate and district levels.

ii) Finance Commission to review the financial position of the Panchayats and Municipalities,

iii) Nagar Panchayats

iv) Wards Committees, within Municipalities.

v) District Planning Committee to consolidate the plans prepared by the Panchayats and Municipalities.

Under the Indian constitution it is a mandatory requirement that the States establish the village level Panchayats for people’s participation in governance. The Indian Constitution devotes a whole chapter to the subject of Panchayats. In the 13^th Amendment it is relegated to a mere subject in the Provincial Council List, thus vitiating the very rationale of empowerment of the people.

In the 13^th Amendment, there is provision in Item 4.4 in the List of Subjects in the Provincial Council List, for the establishment of Gramodaya Mandalayas, with the powers vested in them under existing law. It will be open to a Provincial Council to confer additional powers on Gramodaya Mandalayas.

There is no constitutional compulsion on the Provincial Councils to implement even the current dubious Gramodaya Mandala Scheme.

The wording of Item 4.4 does not allow any change in the form and the structure of the village level institution. It is on record that no Gramodaya Mandala in the country is active at present even in the Northern Province.. 

18. Residual Powers

Reference Article 248 (1) of the Indian Constitution, Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List and such power shall include the power of making any law imposing a tax not mentioned in either of those Lists.

The 13th Amendment to the Constitution of Sri Lanka has the following vague provision.

154 G (10) Nothing in this Article shall be read or construed as derogating from the powers conferred on Parliament by the Constitution to make laws, in accordance with the Provisions of the Constitution (inclusive of this Chapter), with respect to any matter, for the whole of Sri Lanka or any part thereof.

19. Under Article 249 (1) of the Indian Constitution 249. (1) if the Council of States has declared by resolution supported by not less than two thirds of the members present, that in the national interest it is necessary that Parliament should make laws with respect to any matter in the State List it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter, while the resolution remains in force and shall remain in force for such period not exceeding one year as may be specified therein:

20. In terms of Article 154 G (2) of the 13^th Amendment even if one Provincial Council does not (b) agree to an amendment or repeal of the provisions of the 13^th Amendment or the Ninth Schedule (Provincial Council List) such a Bill has to be passed in Parliament by the special majority required by Article 82 of the Constitution.

21. Article 250. (1 of the Indian Constitution) vests the power in the Parliament, while a Proclamation of Emergency is in operation, to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List. Such law would be valid for a period of six months after the Proclamation has ceased to operate and any law made by a State repugnant to the extent to the law made by Parliament shall be inoperative.

There is no provision in the 13th Amendment on vesting in the Parliament the power to make laws on matters in the State List when a Proclamation is made under the Public Security Ordinance.

 However, during the continuance in force of a Proclamation issued in the event of Failure of administrative machinery under paragraph (1) of Article 154L of the 13^th Amendment, laws can be made by Parliament, or the President or other authority referred to in sub-paragraph (a) of paragraph (1) of, Article 154 M (2) but they can be amended or repealed by the Provincial Council without a time bar.

22. Article 254 of the Indian Constitution empowers the Parliament to enact at any time any law with respect to a law made by a State on the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State.

In terms of 154G(5)(a) of the 13^th Amendment, Parliament may make laws with respect to any matter set out in “the Concurrent List”) only after such consultation with all Provincial Councils as Parliament may consider appropriate in the circumstances of each case. In the case of India there is no requirement for consultation with the States.

23. Under Article 257 of the Indian Constitution, the executive power of the Union shall also extend to the giving of directions to a State as to the construction and maintenance of means of communication declared in the direction to be of national or military importance:

There is no parallel provision in the 13th Amendment to the Constitution of Sri Lanka.

24. Under Article 258 (1) of the Indian Constitution the President may, with the consent of the Government of a State, entrust either to that Government or to its officers, functions to which the executive power of the Union extends.

Neither the President nor the Parliament of Sri Lanka has parallel powers under the 13th Amendment to the Constitution of Sri Lanka.

25. Under Article 258 A of the Indian Constitution the Governor of a State may, with the consent of the Government of India, entrust to that Government or to its officers functions to which the executive power of the State extends.]

The Governor of a Province in Sri Lanka has no parallel power.

26. Reference Article 263 of the Indian Constitution, the President may establish a Council to inquire into and advise upon disputes between States and also recommend better co-ordination of policy and action in respect to that subject,

There is no parallel provision in the 13th Amendment to the Constitution of Sri Lanka.

27. Under Article 280 (2) of the Indian Constitution it is left to the Parliament to determine by law the qualifications which shall be requisite for appointment as members of the Finance Commission and the manner in which they shall be selected.

28. Under Article 154 R of the 13th Amendment there is the requirement that the three unofficial members should represent the three major communities.

29. Reference Article 302 of the Indian Constitution, Parliament may impose such restrictions on the freedom of trade, commerce, or intercourse between one State and another or within any part of the territory of India as may be required in the public interest.

In the 13th Amendment, inter Province Trade and Commerce is a Subject in the Reserved List, but no specific power is given to impose restrictions on the freedom trade within any part of Sri Lanka. For example, the Center may not impose restrictions on inter District trade or commerce within a Province.

30. Under Article 312 of the Indian Constitution, Parliament may create all India services [(including an all-India judicial service)] common to the Union and the States.

At present the All-India Services are the Judicial Service, Indian Administrative Service, Indian Police Service and the Indian Forest Service. The officers of the All India Services are recruited and trained by the Union Government (“the Centre”).

There is no parallel provision in the 13th Amendment to the Constitution of Sri Lanka.

The objective of the framers of the Indian Constitution in providing for the Scheme of All India Services was:

1. facilitating liaison between the Union and the States,
2. ensuring a certain uniformity in administration,
3. enabling the administrative machinery at the Union level to keep in touch with the realities at the field in the States,
4. helping the State administrative machinery to acquire a wide outlook and obtain the best possible training and experience for its senior post holders. Ensuring that political considerations either in recruitment or in discipline and control are reduced to the minimum, if not eliminated altogether. (Sarkaria Commission Report Part I-page 219, section 8.9.07)

With reference to the All-India Services, the Administrative Reforms Commission of India, (1969), confirmed that:

1. All India recruitment makes possible minimum and uniform standards of administration throughout the country. It enables the induction of the best available talent to these services.
2. With personnel drawn form different States, each State cadre gets a leavening of senior officers from outside, whose vision and outlook transcend local horizons.
3. Systemic deputation from the State to the Union broadens the vision of the officers so deputed and brings to the Union an experience of closeness to actual realities.

In response to requests by a few States to do away with the All-India Services, the Sarkaria Commission observed that it would be retrograde step for a State to opt out of the All-India Service Scheme and it will be harmful to the larger interest of the country. Such a step is sure to encourage parochial tendencies and undermine the integrity, cohesion, efficiency, and coordination of the country as a whole”.

31. Under Article 315 (4) of the Indian Constitution, the Public Service Commission for the Union, if requested to do so by the Governor of a State, may, with the approval of the President, agree to serve all or any of the needs of the State.

32 Reference Article 315 (1) of the Indian Constitution there shall be a Public Service Commission for the Union and a Public Service Commission for each State.

There is no provision in the 13th Amendment for the establishment of Provincial Public Service Commissions. However under Article 33 of the Provincial Act No 47 of 1987 there is the following provision.

(1) There shall be a Provincial Public Service Commission for each Province which shall consist of not less than three persons appointed by the Governor of that Province. The Governor shall nominate one of the members of the Commission to be the Chairman.

Moreover, unlike in the Indian Constitution there is no stipulation on the qualifications of the members of the Commission.

Under Article 315 (4) of the Indian Constitution the Public Service Commission for the Union, if requested so to do by the Governor of a State, may, with the approval of the President, agree to serve all or any of the needs of the State.

There is no parallel provision even in the Provincial Act of 1987.

33. Article 316. (1) of the Indian Constitution stipulates that one-half of the members of every Public Service Commission shall be persons who should, at the dates of their respective appointments held office for at least ten years either under the Government of India or under the Government of a State.

The Provincial Act of 1987 does not specify such a qualification for members of Provincial Councils.

34. Under Article 345 of the Indian Constitution Legislature of a State may by law adopt any one or more of the languages in use in the State or Hindi as the language or languages to be used for all or any of the official purposes of that State: and in terms of Article  347,on a demand being made in that behalf the President may, if he is satisfied that a substantial proportion of the population of a State desire the use of any language spoken by them to be recognized by that State, direct that such language shall also be officially recognized throughout that State or any part thereof for such purpose as he may specify.

But in terms of the Indo- Sri Lanka Accord, Article 18 of the Constitution was amended to make Tamil also an official language for the whole of the Island.

 35.  Under Emergency Provisions, Article 352 of the Indian Constitution, the President is empowered to make a Proclamation which remains valid for one month unless before the expiration of that period, it has been approved by resolutions of both Houses of Parliament:

Under Article 154 L (3) of the 13th Amendment to the Constitution of Sri Lanka such a Proclamation under the Public Security Act will cease to operate at the expiration of fourteen days, unless before the expiration of that period it has been approved by a resolution of Parliament:

36. Under Article 356 of the Indian Constitution, in a situation where the Government of a State cannot be carried on in accordance with the provisions of this Constitution, The President may (a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State;

(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament.

(c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part, the operation of any provisions of this Constitution relating to any body or authority in the State:

Under 154(L) in the 13th Amendment of the SL Constitution under a similar situation the President may by Proclamation –

(a) assume to himself all or any of the functions of the administration of the province and all or any of the powers vested in, or exercisable by, the Governor or any body or authority in the Province other than the Provincial Council;

(b) declare that the powers of the Provincial Council shall be exercisable by, or under the authority of Parliament.

But the 13^th Amendment does not empower the President to suspend the operation of provisions of the Constitution relating to any body or authority in the State, which the President of India can do under Article 356 sub section (1c) quoted above.

Moreover, a Proclamation made by the President of Sri Lanka unless approved by the Parliament is valid only for 14 days whereas, such a Proclamation made by the President of India is valid for two months before it is submitted to Parliament. 

While adopting verbatim certain relevant Articles of the Indian Constitution the authors of the 13^th Amendment have ignored not only the non compatibility of the scales of the population and physical areas between the peripheral units of the sub continent and the island, but also ignored the fundamental differences in the structure of government in India and Sri Lanka.

The effort of the ghost writers of the13th Amendment was to provide self government in the areas of historical habitation of Sri Lankan Tamil speaking peoples” and not for the devolving of power to the people of the whole of Sri Lanka.

The fact that Sri Lanka has an Executive President elected by the popular vote of all citizens of the land has not been considered in the imposition of these extraneous constitutional provisions. While the President of Sri Lanka can dissolve the Parliament after one year, without adducing reasons he cannot dissolve a Provincial Council! It can be done by the Governor of the Province and only on the advice of the Chief Minister of the Province. This is a clear derogation of the powers of the Sri Lanka President vis a vis the powers enjoyed by the Indian President under that Constitution.

The bicameral structure of the Legislature of the Indian State provides a desirable check on hasty legislation and promotes good governance. In the absence of a second chamber, a Provincial Council becomes the sole governing power in the Province.    

Parties which advocate the case for more powers than now enjoyed under the 13^th Amendment to Provincial Councils, especially to the North and East, argue that the Tamil Community has agitated for self government for a prolonged period and made immense sacrifices including thousands of lives. The same argument multiplied several fold, can be adduced by the majority community which was immensely traumatized during three decades of brutal terrorism, which needlessly crippled the economic and social development of the country as a whole for an extended period of time.

 The pertinent and valid question that is being posed by concerned citizens at this critical juncture is the rationale for devolving more power to the provinces when the powers now enjoyed by them transcend by far the powers given to the States in India under the Indian Constitution. The pressing need is to re-examine the whole issue of power sharing in the context of the current radically changed social and political environment of the country, focusing on empowering the people of the entirety of Sri Lanka on the basis of principles of subsidiarity, rather than succumbing to importunate external pressures promoting fantastic mythical claims to territorial exclusivity and hegemonic governance.

The 13^th Amendment was an Indian knee jerk solution intended to appease the LTTE and Tamil Nādu. India was not concerned of the consolidation of the separatist project and the security apprehensions of around 50 percent of the Tamil community living in harmony outside the Northeast block. As stated by Dixit it addressed the security concerns of India and to suppress the revival of Tamil secessionism in India. Dixit admits that India was also concerned with the LTTE ideology of Greater Eelam” including Tamil Nadu, of which India had documentary evidence (Page 335, Assignment -Colombo).

The Indian solution was riveted on the issues of the North and the East. The unit of devolution was made the province and a combined Northeast Province was created to correspond to the ‘traditional homeland”. From the time of British rule when the number of Provinces was increased and thereafter when the functions of Provincial Administration were redistributed to Districts, and when the number of Districts was increased there was a progressive commitment to make the district the unit of decentralized administration. Key institutions such as the District Coordination Committee, District Agriculture Committee were based at the district as the focal point. The concept of Provincial Councils smuggled into the country through the Accord was not based on the principals of subsidiarity, nor with a view to catalyze development. The only purpose was to justify the homeland concept.   

The impact of its application island wide was not considered and today the Provincial Council system has become a white elephant. It has not brought democracy closer to the people. There is no further need to explain the utter disillusion of the people with the Provincial Councils when they do not even fully utilize funds allocated to them by the Central government. Finding a lasting solution to the national problem should not be beyond the ingenuity of the Sri Lankan nation, which amply displayed an incomparable leadership, resourcefulness, and determination to win the war against the brutal terrorism, which held the nation to ransom for over three decades.

Such a ‘homegrown solution’ needs to avoid the stereotyped solutions oversold by conflict resolution” experts. It should also not be a short- term knee-jerk response like the Indian solution. It should be based on a long -term vision, have legitimacy and meet the aspirations of all Sri Lankans and ensure nation building and be geared to transform the Sri Lanka State to deal with the contemporary challenges of rapid social and economic development.

India must accept that taking the pound of flesh will lead to death by bleeding.

Sugath Kulatunga

(This essay is based on notes on the issue made in 2000. Therefore, amendments made since then to the Constitutions of both Sri Lanka and India may not be reflected here)

Sudath Gunasekara  Mahanuwara 17.9.2022.

Your serious attention is drawn to the following revelation by Dilrook Kannangara and thereafter my protest notes, that follows.

I also wish that this issue be taken up immediately, by all Sinhala MPP in Parliament irrespective of their political alignments. No Sinhala MP who cannot do that should also immediately resign his or her seat in Parliament and go home

Copied for attention of Mr Sarath Weerasekara and  Minister Vidura Wickramananayka.

WFP Creates Selective Hunger in Sri Lanka

Posted on September 16th, 2022

Dilrook Kannangara

Sri Lanka has an estimated 6.3 million individuals suffering hunger. World Food Program (WFP) distributes money to a selected crowd, mostly based on ethnicity. The north, east and Nuwara Eliya districts are the biggest recipients of WFP’s food aid. However, these areas have only a small population of hungry people. Other areas have a far larger population of needly people. This is a racist policy aimed at starving needy people while feeding a selected ethnic community.

WFP is not distributing food items. Instead, it gives 15,000 rupees to selected families. Total food supply does not increase as a result. The quantity of available food is the same. People receiving WFP funds will be able to buy their food out of this limited pool at the expense of others. They will grab available food leaving nothing for other hungry people. This worsens overall hunger in the island, selectively.

The government doesn’t seem to care as it brings foreign currency into the island. But the adverse impact of this discriminatory policy will further worsen Sri Lanka’s economic crisis.

This discriminatory and racist policy is in addition to government subsidized flour, rice and lentils distributed in the north, east and Nuwara Eliya district. Others are paying for this and suffering acute discrimination, higher indirect taxes and hunger as a result.

These two racist and discriminatory practices must end forthwith. They worsen the hunger problem instead of resolving it.

People in other areas must demand a fair and equitable share. If it is not happening, these two discriminatory policies must be disrupted.

Disgrace on the Government, the WFP and the Government officials who, allowed WFP to carry out this selective, illegal and discriminatory treatment for one community, the Tamils only, in the North, East and Nuwaraeliya.

Disgrace on the Government and the WFP and the Government officials who, allowed this selective treatment for one community, the Tamils only, in this land of the Sinhala people. Both the Government, the public officials responsible for this racial discrimination as well as the WFP officials should be severely dealt with for this criminal discrimination. The Government tender an open apology first and hold a full inquiry immediately in to this blunder and punish the public officials who supported the WFP to carry out this discriminatory dole.

The WFP should have channeled this through the public official, without making the Tamil minorities in the North, East and the Hill country to feel that there is no government in this country who care for them, as far as they are concerned.

 I wish at least one MP in parliament will raise this question and punish the wrongdoers immediately and deport the WFP Officials who carried out this selective discrimination and report them for carrying in anti- government conspiracies within this country.

Senaka Weeraratna

I wish the British were as kind to the Kings of other countries that they conquered in South Asia as they are to their current Monarch today. 

We lost our King Sri Wickrama Rajasinghe, the last King of the Kingdom of Kandy in Ceylon because the British captured him and exiled him to India, thereby bringing to an end a long line of mainly Sinhala Kings and Queens that had lasted for about 2, 400 years. 

The British Empire did the same thing in India. They captured the last King of the Moghul Empire Bahadur Shah II after the so called Indian Mutiny in 1857 and sent this old King to a British prison in Burma where he died in exile. But he did not die unsung. He left a thought provoking verse that finds a chorus even today. His sadness at his remains after his death not  being able to find 6 feet of ground for his burial in his own beloved country India can still move people to tears. 

The British scored another truimph when they crossed the line over to Burma and using Indian Sepoys and coolies as soldiers the British captured Upper Burma in 1826 and lower Burma in 1886. The proud Burmese Dynasty that gave leadership to South East Asia and beyond in the form of the Bagan line of Kings and Pagan civilization, was overthrown. They were exiled to a foreign country and then simply disappeared from world history. 

A Buddhist monk has left a moving verse lamenting the fall of the King of Kandy in 1815, by saying after observing a procession of ants when he was sweeping the garden of his Malwatte Temple in Kandy, as follows:

” Oh ants, even you have a King; alas we don’t, that’s why we lament” 

Groaning in agony the proud Kandyan Sinhalese people who had fiercely fought and defended the Kingdom of Kandy from invasion and conquest by European Conquistadors (1693 – 1815), lost their cultivable land when British settlers grabbed their land for planting Coffee and Tea.  The Kandyans were overnight made landless and destitute. Some families died out of starvation due to lack of food as they were denied land to grow food by Chena Cultivation.

What people in Sri Lanka need now and very urgently are not hollow lectures on Human Rights but a sincere commitment to accountability for Colonial Crimes and payment of Reparations. Wrongdoers must also engage in a Catharsis. 

The British killed over 10,00O wild elephants to clear the Hill country for planting Coffee and Tea. That was truly a Holocaust of Elephants and other animals. These animals in the wilderness had got so used to centuries of peaceful co – existence between humans and animals in ancient Sri Lanka under the rule of benevolent Buddhist Kings, that they were shocked when humans I e. European Trophy Hunters, Professional Hunters for Reward and European Settlers appeared from nowhere to shoot them and claim a bounty from a colonial authority. A practice unheard of pre – colonial Sri Lanka. 

Finally,  I wish the British Empire had left the Kings of South Asia alive to enable us today to join the good people of Britain and jointly  sing ” God save the King’ on a universal footing. 

Senaka Weeraratna

Ruwan M Jayatunge

I am a poor wayfaring soldier

I fought in many battles

I am wounded and tired

Wasted and have no hope

I killed many people

I saw death and dying

I saw burning villages

Weeping widows and children

I saw dark clouds over me

I was not sure of my fate

I was an instrument

I had to follow orders

All I knew was to kill and destroy

In the end, I deserted

I had enough of my share

I wanted to leave the battlefield

I started drifting everywhere

I wanted to go home

I want to see my family

I wanted to be a civilian

But I was far away from my expectations

Ruwan M Jayatunge

Dilrook Kannangara

Sri Lanka has an estimated 6.3 million individuals suffering hunger. World Food Program (WFP) distributes money to a selected crowd, mostly based on ethnicity. The north, east and Nuwara Eliya districts are the biggest recipients of WFP’s food aid. However, these areas have only a small population of hungry people. Other areas have a far larger population of needly people. This is a racist policy aimed at starving needy people while feeding a selected ethnic community.

WFP is not distributing food items. Instead, it gives 15,000 rupees to selected families. Total food supply does not increase as a result. The quantity of available food is the same. People receiving WFP funds will be able to buy their food out of this limited pool at the expense of others. They will grab available food leaving nothing for other hungry people. This worsens overall hunger in the island, selectively.

The government doesn’t seem to care as it brings foreign currency into the island. But the adverse impact of this discriminatory policy will further worsen Sri Lanka’s economic crisis.

This discriminatory and racist policy is in addition to government subsidized flour, rice and lentils distributed in the north, east and Nuwara Eliya district. Others are paying for this and suffering acute discrimination, higher indirect taxes and hunger as a result.

These two racist and discriminatory practices must end forthwith. They worsen the hunger problem instead of resolving it.

People in other areas must demand a fair and equitable share. If it is not happening, these two discriminatory policies must be disrupted.

Courtesy NewsIn.Asia

Colombo, September 16: Addressing the 51st session of the UN Human Rights Council, the Sri Lankan Minister of Foreign Affairs Ali Sabry stated that, notwithstanding severe constraints and challenges in the current economic situation, Sri Lanka remains firmly committed to pursuing tangible progress in the protection of human rights and reconciliation through independent domestic institutions.

The Minister addressed the Council at the Interactive Dialogue on Sri Lanka following the presentation of the report by the Acting High Commissioner for Human Rights Nada Al-Nashif at the Palais des Nations in Geneva, on Monday 12 September, 2022.

The Foreign Minister spoke of the continued support provided to the Office on Missing Persons (OMP), the Office for Reparations (OR), the Office for National Unity and Reconciliation (ONUR) and the Human Rights Commission of Sri Lanka (HRCSL), to strengthen the functioning of these independent institutions.

ADVERTISEMENT

The Minister stated that the Government would endeavor to establish a credible truth seeking mechanism within the framework of the Constitution and that the contours of such a model that would suit the particular conditions of Sri Lanka are under discussion. 

Recalling the indivisibility of human rights, the Minister reiterated that while an immediate concern of the Government is economic recovery, the advancement of the human rights of the people of Sri Lanka is of equal priority.  He apprised the Council of the urgent and immediate steps taken by the Government to ensure the wellbeing of the people in the current economic situation, including the protection of the most vulnerable.

Reference was made to the expansion of dialogue with and outreach to the overseas Sri Lankan community through the establishment of an Office for Overseas Sri Lankans.

The Foreign Minister also updated the Council on the substantive amendments made to the Prevention of Terrorism Act (PTA), as well as on the Government’s intention to replace the PTA with a more comprehensive national security legislation, in keeping with international best practices.

The Foreign Minister noted that notwithstanding Sri Lanka’s categorical rejection of resolution 46/1 and any follow-up measures and related recommendations contained in the report of the High Commissioner, Sri Lanka remains firmly committed to engaging with the Council in a spirit of cooperation and dialogue towards protecting the human rights of its people.

The Minister emphasized that measures aimed at promoting reconciliation and human rights must be based on cooperation with the country concerned and consonant with its legal framework.

The Minister apprised the Council of the proposed 22nd Amendment to the Constitution which would introduce salient changes to strengthen democratic governance and independent oversight of key institutions, and to combat corruption, including through the UN Convention against Corruption (UNCAC).

The Minister observed that the extensive reference to ‘economic crimes’ in the report of the High Commissioner, apart from the ambiguity of the term, exceeds the mandate of the OHCHR. In this regard, he recalled the paramount importance of adhering to the founding principles of the Council.

It was noted that the recent significant changes that have taken place in the country bear testimony to the Government’s continued commitment to upholding the nation’s longstanding democratic principles and norms. In this regard, the Minister observed that the constitutional rights to freedom of peaceful assembly and expression of the people as guaranteed by the Constitution have been upheld.

While acknowledging the present challenges, the Minister looked forward to receiving the support and understanding of the Council as Sri Lanka proceeds on the path to economic recovery, while attaching equal priority to the advancement of the human rights of the people.

Actg. High Commissioner Cooperative

The Acting High Commissioner Nada Al-Nashif in her remarks welcomed the tone set” by President Ranil Wickremesinghe in his inaugural address to Parliament recognizing the diversity of the Sri Lankan nation.  She further stated that she was pleased to discuss potential areas of cooperation with Sri Lanka, including policy reform, reconciliation and the strengthening of institutions. 

Wide Support

At the interactive dialogue, Sri Lanka received overwhelming cross-regional support from a broad spectrum of countries from all regional groups in the Council, namely the Asia Pacific, Eastern and Western Europe, Latin America and the Caribbean, Africa and others.

Countries commended Sri Lanka on progress made, as well as the initiatives undertaken in further advancing reconciliation and human rights, including through the current proposals for policy reform. They welcomed Sri Lanka’s positive and constructive engagement with the United Nations system including the Office of the High Commissioner for Human Rights, including facilitating and providing unimpeded access for two OHCHR visits this year. They urged the international community to support Sri Lanka during the current challenging period.

Cooperation with the country concerned and adherence to the Council’s founding principles were also highlighted as important requirements for promoting and protecting human rights.

Thirty eight (38) countries spoke in support of Sri Lanka inclusive of 11 members of the Council. The statement of support delivered by Saudi Arabia was on behalf of the Gulf Cooperation Council. (GCC).

The Foreign Minister met the Acting High Commissioner for Human Rights Nada Al-Nashif, and the President of the Human Rights Council Ambassador Federico Villegas on the sidelines of the 51st session of the HRC, among other senior interlocutors, and apprised them on further action taken by the Government in pursuit of the domestic reconciliation process, in upholding human rights and in further strengthening institutions related to governance and democracy.

The Actg. High Commissioner welcomed the Government’s proposals to further strengthen independent domestic institutions, the substantive reforms envisaged through the proposed 22nd amendment to the Constitution, and the interactions and engagement with the UN Special Procedures and civil society.

Minister of Justice, Prison Affairs and Constitutional Reforms, Wijeyadasa Rajapakshe, Permanent Representative of Sri Lanka to the UN in Geneva, C.A. Chandraprema and senior officials of the Ministry of Foreign Affairs, the Attorney General’s Department and the Permanent Mission of Sri Lanka to the United Nations in Geneva were associated with the visit.

The statement delivered by the Minister of Foreign Affairs is attached on September 12, 2022 is attached .

Mr. President,                                                                                                                               

Madam Acting High Commissioner,

Excellencies,

At the outset, on behalf of our Government, I reiterate our unwavering commitment towards advancing, securing and protecting the human rights of our people, and continuing our engagement with the Council in a spirit of cooperation and dialogue. In keeping with our commitment, notwithstanding our categorical rejection of resolution 46/1, we have submitted Sri Lanka’s detailed written response to the High Commissioner’s Report. We have requested that Sri Lanka’s Comments be placed as an Addendum to the Report, to accord with best practices.

Mr. President,

We remain cognizant of and acutely sensitive to the events that have taken place in the recent past. The severe economic crisis emanating from factors both internal and external offer many lessons for all of us. We recall in this context the indivisibility of human rights, as enshrined in the Vienna Declaration and Programme of Action. The Government is extremely sensitive to the socio-economic hardships faced by our people, and has initiated immediate multi-pronged measures to address the challenges and to ensure their wellbeing through the provision of supplies essential to the life of the community. A staff level agreement has been reached with the International Monetary Fund, and discussions on debt restructuring are in progress. The Government is in dialogue with UN agencies as well as bilateral partners to protect the most vulnerable from the adverse impacts of the crisis. In spite of multiple challenges, Sri Lanka would endeavour to remain on course in meeting the goals of the 2030 Agenda for Sustainable Development.

The recent changes that have taken place bear testimony to our continued commitment to upholding our longstanding democratic principles and norms. The constitutional rights to peaceful assembly and expression guaranteed the democratic space for our people to exercise their rights. In this regard, transgressions of the law resulting in criminal and unlawful activity were addressed in accord with the law and the Constitution, in circumstances where such freedoms were abused by elements with vested interests to achieve undemocratic political ends.

Mr. President,

Notwithstanding the severe constraints and challenges, Sri Lanka remains firmly committed to pursuing tangible progress in the protection of human rights and reconcilation through independent domestic institutions.

Sri Lanka along with several Members of this Council have opposed resolution 46/1, fundamentally disagreeing with its legitimacy and objectives. We have consistently highlighted that the content of the resolution, its operative paragraph 06 in particular, violates the sovereignty of the people of Sri Lanka and the principles of the UN Charter. Once again, we are compelled to categorically reject any follow-up measures to the resolution, as well as the related recommendations and conclusions by the High Commissioner.

Mr. President,

It is observed that the High Commissioner’s report makes extensive reference to economic crimes”. Apart from the ambiguity of the term, it is a matter of concern that such reference exceeds the mandate of the OHCHR. In this context, we recall the paramount importance of adhering to UNGA resolutions 60/251, 48/141 and the IB package.

Notwithstanding, Sri Lanka has continued to brief the Council on the comprehensive legal framework that is being established to further strengthen governance and combat corruption. The proposed 22nd Amendment to the Constitution introduces several salient changes which would strengthen democratic governance and independent oversight of key institutions, as well as public scrutiny, participation in governance, and combating corruption including the constitutional recognition of the United Nations Convention Against Corruption (UNCAC). This will include, inter alia, the composition of the Constitutional Council, and the reintroduction of the National Procurement Commission and the Audit Service Commission. The proposed legal framework will also strengthen the asset declaration system, protect the rights of whistle blowers, and increase the independence of the Commission to Investigate Allegations of Bribery or Corruption.  A proposal to establish a system similar to an Inspector General tasked with overseeing government expenses by detecting and preventing fraud, waste and abuse in public institutions, is under consideration.

Mr. President,

Measures aimed at promoting domestic reconciliation and human rights, if they are to be meaningful and sustainable, must be based on cooperation with the country concerned, be compatible with the aspirations of its people, and be consonant with its basic legal framework. The international community is aware that unconstitutional and intrusive external initiatives have repeatedly failed to yield meaningful results on the ground, and are in effect an unproductive drain on member state resources.

The Government would endeavour to establish a credible truth-seeking mechanism within the framework of the Constitution. The contours of such a model that would suit the particular conditions of Sri Lanka are under discussion.

The recommendations of the Presidential Commission of Inquiry on Appraisal of the Findings of Previous Commissions and Committees and the Way Forward” have, inter alia, resulted in the establishment of an Advisory Board under the Prevention of Terrorism Act (PTA), progressive amendments to the PTA, and the release of detainees. Further recommendations are awaited.

As we delivered on the onerous task of review and reform of the PTA this year, to further enhance human rights, we will replace the PTA with a more comprehensive national security legislation in accordance with international best practices.

The recent delisting of groups and individuals will provide further impetus for constructive dialogue.

The independent statutory bodies established to advance the rights of victims and their families, and to provide reparations, continue to vigourously execute their respective mandates.

The Office on Missing Persons (OMP) has commenced the process of inquiry and verification, set up separate units on Tracing and Victim and Family Support, and acts as an Observer on relevant judicial proceedings.

Despite economic constraints, the Office for Reparations (OR) continues to deliver on its mandate, and the recently adopted National Reparations Policy and Guidelines have expanded the work of the Office beyond monetary compensation, to other forms of support.

The necessary support and resources to strengthen the functioning of the Office for National Unity and Reconciliation (ONUR) and the Human Rights Commission of Sri Lanka (HRCSL), continue to be provided. 

The outreach to overseas Sri Lankans encompassing all communities and generations will be expanded through the establishment of an Office for Overseas Sri Lankans, thus facilitating more vigourous engagement.

Mr. President,

As recognized in the Universal Declaration, human rights are interdependent, interrelated and indivisible. In upholding human rights, we have benefitted from the considerable expertise available with other countries as well as the United Nations. We will seek further advice and support on best practices as we proceed, and as deemed necessary.

We will continue our cooperation with the Human Rights Council and its mechanisms. Sri Lanka is party to the 9 core Human Rights Conventions, and has maintained regular and constructive engagement with the UN Treaty Bodies. We have extended a standing invitation to all UN thematic Special Procedures mandate holders to visit Sri Lanka, and facilitated a high number of visits in the recent past. We look forward to constructive engagement with the Council through the Universal Periodic Review process. We have delivered on our commitments at the UPR, and will proactively engage in the upcoming UPR fourth cycle.

We have facilitated two visits by the Office of the High Commissioner to Sri Lanka in May and August this year, and provided unimpeded access. The visits provided the officials of the OHCHR with the opportunity to engage with a range of stakeholders, and witness progress.

Mr. President,

It is 13 years since the end of the conflict in Sri Lanka, and since then a new generation has emerged with their own aspirations. While issues of reconciliation and accountability are being comprehensively addressed through a domestic process, it is time to reflect realistically on the trajectory of this resolution which has continued on the agenda of the Council for over a decade, and undertake a realistic assessment on whether it has benefited the people of Sri Lanka. There is a need to acknowledge actual progress on the ground and support Sri Lanka.

The current challenges, though formidable, have provided us with a unique opportunity to work towards institutional change for the betterment of our people. Sri Lanka appreciates the solidarity and support extended by our friends and partners during this challenging time. In a message of unity and reconciliation, President Ranil Wickremesinghe in his inaugural address to Parliament said if we come together, we will be able to invigorate the nation”.

Mr. President,

Through many a challenge, the people of Sri Lanka have remained steadfast and resilient while upholding their democratic values as one of Asia’s oldest democracies. We are not hesitant to acknowledge our challenges and forge ahead with renewed vigour. While our immediate concern is economic recovery, advancing the human rights of our people is of equal priority. We look to the genuine support and understanding of this Council, as we proceed on this path.

By Shamindra Ferdinando Courtesy The Island

The National Freedom Front (NFF) has urged the government and the Opposition to resist a move by the United Nations Human Rights Council (UNHRC) to haul up the war winning Sri Lankan military before foreign judges.NFF leader and former Minister Wimal Weerawansa also raised the issue of India reiterating its demand for the full implementation of the 13th Amendment to the Constitution, forced upon the country by Delhi in 1987 and now its full implementation at the ongoing 51 regular session of the UNHRC.

Weerawansa questioned the legitimacy in a member state exerting pressure on another to amend its Constitution. He the Indian move was not only contrary to the Vienna Convention but exceeded the mandate of the UNHRC.Strongly condemning the UNHRC move against the Sri Lankan military and India playing politics at Geneva session, MP Weerawansa said that all local stakeholders should condemn these moves in the strongest terms.

Lawmaker Weerawansa said that the government delegation at Geneva hadn’t countered the measures that had been proposed against the Sri Lankan military. Foreign Minister Ali Sabry, PC, leads the delegation. Justice Minister Dr. Wijeyadasa Rajapakse, PC, and Sri Lanka’s Permanent Representative in Geneva C.A. Chandraprema are included in the delegation.

Responding to a query raised by The Island, MP Weerawansa said that Sri Lanka should have asked for an opportunity to counter accusations after having denounced the unsubstantiated allegations.Sri Lanka co-sponsored Geneva Resolution 30/1 in Oct 2015 during Maithripala Sirisena presidency.

The former minister said that successive governments hadn’t properly countered war crimes allegations though over the years authorities received information by way of studies undertaken by the government, Lord Naseby’s disclosures and WikiLeaks revelations.MP Weerawansa asked whether Geneva was only interested in Sri Lanka’s accountability.Having sponsored terrorism here, India was pursuing a strategy inimical to Sri Lanka, the former minister said.

Courtesy The Daily Mirror

Former Chairman of the Elections Commission, Mahinda Deshapriya said that he opposed the campaign slogan that called to reject all 225 politicians. 

“Everybody knows how I supported the Aragalaya and I even held a placard on my own. But they attacked houses of politicians on May 9 and they even came to attack my house,” Deshapriya said.

“Therefore the youth should learn how to do an aragalaya first,” he added.

Courtesy The Daily Mirror

Colombo Fort Magistrate’s Court today issued notices directing former President Maithripala Sirisena to appear in court  on October 14 over a private plaint relating to Easter Sunday attack.

Magistrate Thilina Gamage further decided to name former President Maithripala Sirisena as a suspect of the private plaint.

Rev. Fr. Cyril Gamini Fernando and Jesuraj Ganeshan, a victim of Easter Sunday attack had filed a private plaint urging to take legal action against former President under section 298 of Penal Code for causing death
by negligence.

President’s Counsel Rienzie Arsekularatne with counsel Thejitha Koralage, Udara Muhandiramge and Thilina punchihewa appeared for the complainants.(Lakmal Sooriyagoda)

Courtesy Adaderana

The Colombo Lotus Tower, which was officially declared open to the public last afternoon, has reportedly earned an income exceeding one million rupees through ticket sales within yesterday (Sep 15).

The Chief Executive Officer of Colombo Lotus Tower Pvt. Ltd., Major General (Rtd) Prasad Samarasinghe pointed out that the first day’s income was close to Rs. 1.5 million.

Meanwhile, a total of 2, 612 persons had visited the Lotus Tower within yesterday (Sep 15) while this includes 21 foreigners, he added.

The members of the public are now allowed to visit the tower by purchasing a ticket for Rs. 500 or Rs. 2,000. For a foreign national, the ticket is priced at USD 20.

Accordingly, the public has the opportunity to visit the Lotus Tower from 2 pm to 11 pm on weekdays and from 12 noon to 12 pm on weekends.

Courtesy Adaderana

Building on the USAID Administrator Samantha Powers’s recent visit, US Ambassador to Sri Lanka Julie Chung announced today that the United States, through USAID, will provide an additional estimated $65 million (more than 23 billion Sri Lankan rupees) in assistance to Sri Lanka over a five-year period. 

The assistance falls under the Development Objectives Assistance Agreement (DOAG) signed by Mr. Gabriel Grau, Mission Director for USAID Sri Lanka and Maldives and Mr. Mahinda Siriwardena, Secretary, Ministry of Finance, Economic Stabilization and National Policies.

This funding is in addition to over $60 million (21 billion Sri Lankan rupees) of new humanitarian and fertilizer assistance that Administrator Power announced last week in response to the current economic and political crises in Sri Lanka, the US Embassy said in a statement.

In celebration of the start of this new bilateral agreement, Ambassador Julie Chung remarked, The United States and the American people are proud of our enduring and robust partnership with the people and government of Sri Lanka. We remain fully committed to supporting locally led initiatives to advance a stable, prosperous, and peaceful Sri Lanka – critical to promote a free and open Indo-Pacific in which all nations are connected, prosperous, resilient, and secure,”

The U.S., through the U.S. Agency for International Development (USAID), is committed to supporting Sri Lanka to advance market-driven growth, environmental sustainability and resilience, and good governance. All USAID funding for Sri Lanka is provided as gifts or grants and is implemented by local and international organizations that adhere to strict monitoring standards.

The U.S. has provided more than $2 billion (approximately 720 billion Sri Lankan rupees) in development assistance to Sri Lanka since 1956.

Courtesy Adaderana

The Secretary General of Parliament Dhammika Dasanayake said that steps will be taken to establish a separate budget office in Parliament to monitor the financial affairs by directly obtaining accurate information related to the government’s financial control including income and expenditure.

The Secretary General said this at a special public service program jointly organized by the Parliament’s Communications Department and the Sri Lanka Press Institute (SLPI) under the sponsorship of the National Democratic Institute (NDI) in line with the International Day of Democracy on September 15.

A group of young social activists representing all the districts of the island participated in this program organized under the theme Democracy and the Role of the Youth Community”.

The Secretary General explained the steps taken to further strengthen the Parliament, including the establishment of several new committees like the Committee on Ways and Means, the Committee on Banking and Financial Services, and the Committee on Economic Stabilization, as in the developed democratic countries.

Chief of Staff and Deputy Secretary General of  Parliament Mrs. Kushani Rohanadeera, Sergeant at Arms Mr. Narendra Fernando, Administrative Director of the Parliament Ms. G. Thatchanarany , Chief Hansard Editor Ms. Nayani Lokukodikara, Director of Legislative Services and Director of Communications (Acting) Mr. Janakantha Silva, Director of Information Systems and Management Mr. Mahesh Perera and Chief Research Officer Mrs. Ayesha Godagama contributed as resource persons.

Thus, there were programs to educate the youth in several areas including democracy and the role of the youth community, Parliamentary affairs including legislation, standing orders and the role of the member of parliament. The program was conducted in both Sinhala and Tamil languages.

Courtesy Adaderana

The Government of Japan has decided to extend additional Emergency Grant Aid of USD 3.5 million for Sri Lanka in response to the deterioration of the humanitarian situation.

This Emergency Grant Aid will allow implementing humanitarian assistance activities delivering food worth USD 2 million through the World Food Programme (WFP), food, nutrition, health, sanitation worth USD 1 million through the International Federation of Red Cross and Red Crescent Societies (IFRC), and nutrition worth USD 0.5 million through the United Nations Children’s Fund (UNICEF) for the people of Sri Lanka affected by the deteriorating humanitarian situation.

With the implementation of earlier assistance worth USD 3 million announced on May 20, this builds Japan’s support in response to the current situation up to USD 6.5 million in total. 

Japan hopes that this assistance will contribute to overcoming the hardship faced by the people of Sri Lanka, with whom Japan has long-standing and amicable relations,” the statement said.

Courtesi Hiru News

The song titled Manike is the official Hindi remix of the viral song Manike Maga Hithe by Sri Lankan singer Yohani the Bollywood film.

The song has crossed 3 million views within 6 hours of being uploaded to YouTube.

The makers of Ajay Devgn and Sidharth Malhotra’s film ‘Thank God’ have released its first song.

The song titled Manike is the official Hindi remix of the viral song Manike Maga Hithe by Sri Lankan singer Yohani Diloka.

In the over-three-minute long video, Nora Fatehi and Sidharth Malhotra can be seen dancing together most romantically. The video begins with Ajay Devgn’s Chitragupt testing Sidharth’s character’s restraint.

With Ajay’s magic, Nora begins to dance around Sidharth Malhotra, who too can be seen joining her. A few frames later, Sidharth and Nora can be seen dancing on a bed of roses.

The song is sung by Yohani Diloka, Jubin Nautiyal and Surya Ragunnathan. Rashmi Viraj and Dulan ARX have written the song’s lyrics, while Tanishk Bagchi and Chamath Sangeeth have given the music.

Thank God, directed by Indra Kumar, stars Ajay Devgn, Sidharth Malhotra and Rakul Preet Singh in the lead roles. The film, which is touted to be a fantasy comedy is scheduled to release on October 25.

Thank God will mark the first collaboration between actors Ajay Devgn and Sidharth Malhotra. Whereas, this will be Rakul Preet Singh’s third collaboration with Ajay Devgn after the 2019 film De De Pyaar De and 2022 film Runway 37. Sidharth and Rakul have previously worked in the 2018 film Aiyaary and the 2019 film Marjaavaan.

Thank God will also be Sidharth’s first big screen film after Marjaavaan in 2019.

Shenali D Waduge

The US has been delivering democracy, liberating people, fighting for freedoms, carrying out coloured revolutions & regime change for centuries. What if, back home they have been ignoring their own problems. We have watched American envoys at UN promote self-determination, separate homeland & rights of people – what if black Americans decide to take America’s own advice & demanded self-determination on account of the discriminations they suffer. How would America react if 47million Black Americans sought internal self-determination in US? What if Black Americans also ran Genocide” campaigns on the lines of what Tamils are doing how would US Govt react? What if Blacks start going to Geneva annually presenting a case for self-determination too? It would be interesting to see if EU would rally on behalf of the Blacks of America!

There was no United States of America until the name was first used in 1776.

What is USA today was occupied some 12,000 years ago by Native Indians living on the land some 12,000 years ago.

White Europeans only arrived in the 16^th century. The first documented arrival of Europeans were the Spanish, then the French & then came the British.

The first English settlement was in 1607 in Jamestown.

The next settlements came after trafficking African slaves.

The British set up 13 colonies on the East Coast. These were administered as British overseas dependencies. These 13 colonies are said to have had a population of over 2.1m by 1770 a third of whom were British. The colonies waged war against taxation & eventually the Declaration of Independence on 4 July 1776 created a Confederation of States which fell apart in 1789 (15 years) This showcased the short term results of a confederation as it exists only on the united cooperation of states and not on any legally binding principles as found in a unitary state. George Washington became the 1^st President.

By 1848 almost 10% of US land was taken over by European settlers via Homestead Acts.

Civil War prevailed in US (not Sri Lanka) This lasted 4 years (1861-65) more than 50,000 civilians are said to have died. Abraham Lincoln was assassinated on 14 April 1865.

Jim Crow racial discrimination laws – rights of blacks disenfranchised, blacks faced racial segregation, they experienced vigilante violence including lynching.

The US that forces itself upon nations flagging red cards about racism, discrimination, freedoms, liberties and whatnot may first like to look back home.

Racism was a major part of policy & life in the US which culminated in the Civil Right Act of 1968

• White Americans make up 57.8%
• Latino /Hispanic 18.7%
• African Americans 12.1%

How white Americans treated Blacks in 1950-60s  

While 1957 Official Language Act in Sri Lanka is being unfairly flogged, little attention is paid to the racial discriminations blacks were subject to in America.

1868 via 14^th Amendment the US Constitution claimed to have given Blacks equal protection under the law but did such equal status prevail?

In 1870, the 15^th Amendment granted blacks the right to vote, but did they?

What about the Jim Crow laws that denied blacks to use public facilities alongside whites. Where blacks couldn’t marry whites, blacks could not vote or even seek education.

Blacks could not buy houses in white areas, blacks were discriminated even at work, some states even passed laws denying voting rights to blacks.

Blacks could only secure low-wage jobs. Blacks were even not recruited to the military. Defense jobs for Blacks came only in 1941 via Executive Order 8802 signed by President Roosevelt. Even while serving for the nation during World War 2, Blacks were subject to segregation & discrimination. Ironically America entered war to defend freedom & democracy across the world but where discriminating Blacks at home. Another Executive Order 9981 was issued in 1948 to end discrimination in the military by President Truman. However, discriminations persisted but camouflaged.

The treatment to Blacks travelling in public buses emerged when in 1955 Rosa Parks who was seated in the section for blacks was asked to get up & give to a white woman. Rosa Parks refused & was arrested.

Black children suffered till US Supreme Court had to rule segregation as illegal in public schools in 1954. However when 9 Black students arrived to begin classes in 1957 they were chased off by mobs. Incidentally, it was in 1957 that SWRD Bandaranaike passed the Social Disabilities Act & Tamil political leaders sailed all the way to UK to plead to annul the Act that gave low caste Tamil children the opportunity to enter schools to study. Eventually, these children had to sit on the floor & study. Today, these political leaders are pretending to speak for Tamil rights!

Even with Blacks given right to vote, the whites adopted ugly tactics to prevent them – blacks had to take literacy tests that were misleading and were made impossible to pass. US even had to set up a commission to investigate voter fraud!

Discrimination was such in US that even in 1960, black college students were not even served lunch. Even by 1968 Blacks could not buy homes because of their colour.

The denial of blacks eventually led to many protests and marches the most famous being the I have a dream” by Martin Luther King. He was assassinated eventually on 4 April 1968 while on 21 February 1965 Malcolm X was assassinated at a rally.

How many white George Floyds have met their waterloo?

https://www.pewresearch.org/race-ethnicity/2022/08/30/black-americans-have-a-clear-vision-for-reducing-racism-but-little-hope-it-will-happen/

The racial divides prevail, whatever media presents otherwise to the global community. Blacks are often stopped by police for no reason & often arrested. Surveys prove this. Black school children are subject to numerous racial bullying. Blacks are not only arrested more than whites but are convicted & serve longer terms than whites convicted for same crime. Blacks are often paid less than whites. Social stigma against Blacks has made Blacks turn to violent responses as they have seen no signs of change in the system.

Tamils in Sri Lanka or even Tamils in Tamil Nadu should ask themselves if they have suffered the type of racism & segregation that blacks in America suffered even in 1960s and in many states they continue to do so.

The answer is not to reverse and give minorities bigger rights over the majority as has become a new norm. The elites that rule the world have found it easier to deal with the minorities than with the majority. This is why all over the world the new gameplan is to pitch the minorities against the majority – we see this happening in the US, in UK, even in EU.

Equality can’t be ascertained via Acts & pieces of paper as it is those that implement who have the last say. If a judge is racial and prejudiced, no person will get justice. This is relevant to prejudice against minority or majority by a member of the minority or majority.

The mentality of racism was rooted during colonial rule. It is like an octopus now, its tentacles have reached far & wide. No one can accuse majority of racism nor minorities of racism. Racism has got embedded into the system.

In such a scenario, when countries that are helping separate countries using terms they have coined for their geopolitical purposes, should also wonder what will happen if the chickens come home to roost.

What if the 47million blacks in America sought internal self-determination within an united states of America & ran campaigns similar to those that LTTE Diaspora are doing – they may even outsource the campaigns to them & add to their kitty!

Shenali D Waduge

උපුටා ගැන්ම  හිරු පුවත්

ලිට්‍රෝ සමාගම ගෑස් මිල දී ගැනීමේ දී, OQ සමාගමෙන් ගෑස් මිල දී ගන්නේ රුපියල් 105.40කට බවත්, සියෑම් ගෑස් සමාගමින් ගෑස් මිල දී ගන්නේ නම් ඒ සඳහා රුපියල් 112ක මිලක් එම සමාගමට ගෙවිය යුතුව තිබුණු බවත් එබැවින් වඩා වාසිදායක තේරීම ලෙස OQ සමාගමේ ගෑස් මිල දී ගත් බවත් ලිට්‍රෝ සභාපති මුදිත පීරිස් පවසනවා.

ඔහු ඒ බව කියා සිටියේ, ගෑස් මිල දී ගැනීමේ දී OQ සමාගමට වඩා සියෑම් සමාගමේ ගෑස් මිල දී ගත්තේ නම් වඩා ලාභදායක යැයි පාර්ලිමේන්තු මන්ත්‍රී චරිත හේරත් විසින් කරන ලද ප්‍රකාශයකට පිළිතුරු වශයෙන්.

එහි දී ලිට්‍රෝ සභාපති කියා සිටියේ, ජූනි මාසයේ දී ගෑස් මෙට්‍රික් ටොන් 6975ක් මෙරටට ගෙනැවිත් බෙදා හැර ඇති බවත්, මන්ත්‍රීවරයා විසින් කරුණු හරි හැටි නො දැන කරන ලද ප්‍රකාශයක් බවයි ලිට්‍රෝ සභාපති කියා සිටියේ.

මේ හා සම්බන්ධ බිල්පත් සහ අදාල ලියකිවිලි තම ආයතනය සතු බවත්, ඒවා මාධ්‍ය වෙත මුදා හැරිය හැකි බවත් ලිට්‍රෝ සභාපතිවරයා කියා සිටියා.”ලිට්‍රෝ ඇවිලෙයි – මේක කීර්ති නාමයට හානියක්

KAMALIKA PIERIS

The university rag carried out by the JVP contained a strong element of sexual harassment, sadism and torture.The ragging was described as ‘inhuman’. There was cruel, inhumane ragging amounting to torture and verging on sadism, said commentators. The university ragging has a sadistic streak, they added. There was gratification of sadistic tendencies.  It was reported that plastic tubes were inserted into the rectums of four students.

These ragging activities of the JVP are now in the public domain.  Angry, indignant undergrads have gone on television to report the matter. The information given in this essay including explicit words used, are taken from discussions which took place on television, You Tube and newspapers.

Daily Mirror said that it has shown the extent of the physical, sexual, mental and verbal ragging prevalent in State universities, through accounts we received from lecturers, parents and students of the Colombo University, Sabaragamuwa University, Ruhuna University and the Rajarata University.” 

In the case of male entrants the ragging was of a strongly sexual nature. Even the nicknames given to the male students, in their ‘Card’ were of a sexual nature. Male undergrads stated that they had to listen to obscene words related to sex organs.    They were forced to watch pornographic material. They were forced to expose private parts of the body   and carry out degrading, obscene sexual acts.

The male undergrads who went public all complained about nudity. At Rajarata a male fresher complained that he was stopped on the road when he was walking back from university and asked to undress, which he had refused to do.    They had to do pushups, half squat, crawl, while naked.  We were asked to strip naked and bathe with dirty water brought in buckets. A student has been stripped naked and bathed with mud on his birthday. They force us to appear nude and perform inhuman activities, undergrads said.

There was sexual harassment of the male freshers. All male undergrads who went public   emphasized this and gave explicit details. They said that male freshers were subject to serious physical ragging of a sexual nature. They were subject to forced sexual acts without consent said complainants.  They were subject to unpleasant sexual experiences.  The raggers were well organized   and the ragging was systematic, they said. 

It is the custom to bring us, clad in sarongs, in the night to a room in the hostel. On entering the room we are forced to remove the sarongs. In order to drown the noise made by the students                               regarding this, loud music was played. Later it became mandatory that we came naked to this room. The seniors as well as students in our group begin examining our genitals and forced us to masturbate in their presence. Refusal means you are subjected to severe assaulting. There is no fan in this room and students sweat throughout these acts, said victimized undergrads, when interviewed by Daily Mirror.

Undergraduate Darsha Udayanga spoke to the media in 2019. Here is an incident that happened in Room no. 114 at the Meddawatte Hostel at Ruhuna University, Darsha said. They were asleep, 10 of them on four beds. Late in the night a group of raggers came calling us ‘malliye’ in a weird tone. I was asleep and when I woke up none of my roommates were there. .” (https://www.dailymirror.lk/news-features/University-ragging-intensifies-)

The raggers had woken him up. They had carried him out of the room, like carrying a ‘mini pettiya’, stripped him and squeezed his private parts. I was helpless and I was so scared that I couldn’t even scream. Then they put us on a bed and one of them got on to my backside and later only I realized what they had done. They had taken a condom, put it on a pole and pressed it onto my butt. Then they put that condom into our mouths as well. They told us this later.

We were then put into a common room which held the others who had been subject to the same treatment earlier.  There were 35 or 40 of us, all shocked and scared, seated on benches. All of us were naked. This group had been yelling, and it was to muffle this that they had been calling “Malli Mali.  Later on, Ruhunu University announced that the authorities had found 2 buckets of used condoms. How did they get all these condoms, asked undergrads.

The sexual ragging consists of several rituals. These are given Sinhala names.    They are all related to the penis, said undergrads. One is ‘Bonchi kadeema’ where two males have to stand facing each other, naked and touch each other’s sexual organs. We have to put it up and down until they ask us to stop. . The penis cannot rise. If it does they assault. Darsha Udayanga showed a photograph of one of the organizers of the rag and said that this individual had openly enjoyed watching bonchi kadana rag.

Another rag was called ‘puk kapu allanawa’ where we have to do something like catching bugs with our private parts. In ‘Puk meeyo allanawa’ you had to go where they tell you and try to catch mosquitoes with the private parts.

In ‘Rajasinghe amudey’ our private parts are dressed as in an amude. We then have to repeat a verse containing utter obscenities,  thanikara kunu harupa”. We had to repeat it word for word. Can’t get even one word wrong. If we miss a word they would hit us. I had to say it about 20 twenty times, said one undergrad. We have to repeat a load of shit on Rajasinha  without making a single mistake, said another  undergrad. We  also had to listen as the others spoke their lines. The ritual took about 3 or 4 hours for all to finish.

In another rag our eyes were bound with other peoples sarongs, not our own. I could not bear the smell of those sarongs, said an undergrad. We were otherwise naked. The raggers stroked us with a leaf, then they started to hit us. ( https://youtu.be/ve_eGcf67ac)

The  extreme  sexual ragging took place mainly in the hostels.  Undergrads  complained publicly  that they were stripped and   subject to inhuman torture , in the hostel from 10 p.m. to dawn, nonstop. From 10 pm  to  dawn, we are nude, they said. A new lot came  to rag us, at dawn.

At Rajarata the seniors came to the boys’ dormitory at 12 a.m. and ragged them till 3 a.m. in one instance they had been asked to act as if they were in blue films. One person had to play music while another pretends to be videoing it,’  Elsewhere freshers were shown  a photo of a woman and made to masturbate .

There was also torture. At University of Ruhuna the Students Union which had control of the canteen had built  a torture chamber above it  with iron doors which were kept locked. No academic  visited the canteen. The raggers had seen to that. They made academics feel uncomfortable  when they came in for a cup of tea and stopped them from using the canteen. Authorities had not  gone near it for 15  years  either. Students were taken to this chamber and sexually abused. In 2019,  Ruhuna University Vice Chancellor Prof Sujeewa Amarasena had taken action to  open  up the torture chamber and terminate the ragging there. This received much publicity and great applause.

Female students did not escape sexual harassment. There has been a limited sexual harassment of female students. There were strong women raggers. During ragging we are forbidden to wear brassieres. Senior female students examine us  said female freshers..   

 One undergrad spoke of Dasakala Abhisehkaya’ which is done inside a room where the walls are decorated with drawings of male and female figures. They insist that we perform some acts with the male figures on the walls.

After the canteen rag, I went to the wash room, said a  female undergrad.  A group of raggers saw me going and started yelling at me for no reason. Since, I was wearing a T-shirt instead of a blouse with my skirt, a ragger came up to me and said that he could see everything underneath my shirt. I truly felt disgusted. After I came out from the wash room, he once again reminded me that he could see everything underneath my clearly opaque shirt. We cannot even go to the washroom in peace. ( Continued)

KAMALIKA PIERIS

In Sri Lanka, sexual harassment is a criminal offence under Section 345 of the Penal Code. Ragging is a non-bailable offense leading to a prison term. Torture chambers are clearly criminal and have no place in a university. However, the university authorities and the police have been reluctant to squash such serious criminal activity inside the universities.

 Students who have been ragged are scared to complain as they find that neither the University authorities nor the police wish to listen to them. But there was one exception. Ruhuna university undergrad Darsha Udayanga made a police complaint in 2019 regarding the ragging he had been subject to.

 Darsha has made this complaint entirely on his own. Darsha was not the usual   sort of captive student the IUSF had in mind. Darsha’s home was in Gampaha. Gampaha was highly urban and very close to Colombo. Darsha’s mother and brother were both graduates and Darsha himself had entered university at the first attempt.  His mother and brother had met the VC regarding Darsha’ ragging and Darsha had been offered another university which Darsha refused. Darsha was confident and savvy.

 Darsha was very angry about the way he was treated by the raggers. He said he did not come to university to experience any of this and he was not prepared to meekly tolerate the ragging Also he was neither impressed nor frightened of the IUSF at Ruhuna. He appeared in a You Tube clip, showing photos of each of the leaders who had ragged him, naming them and stating the role each had played in the sexual harassment.

Darsha had first approached the VC about the sexual harassment, who told him, Go to the police. I can’t handle this.” Darsha went to the police and managed to get the police to listen to him. Eventually after some delay, the Matara Police took 19 suspects into custody. (https://youtu.be/kpQ6WiInSQQ) .

 This appears to have been a landmark event. It received publicity and helped expose the criminal ragging going on in the local universities. It led to many discussions on television and You Tube regarding sexual harassment in the university.  Led by the articulate Darsha first, and then picked up by other students who had also experienced ragging.

Daily Mirror reported the event. 19 senior students of Ruhuna University were remanded after being arrested over an incident where a new student from Gampaha, Darsha Udayanga, had been inhumanly tortured during ragging, said Daily Mirror. They had been arrested after the victim student; seemingly a courageous boy had published the nightmare he had to undergo in social media and had held a media conference in   August 2019 to explain the grisly experience that he had faced.  

JVP hit back. IUSF Ruhuna had sent two Student Union members to Gampaha to investigate Darsha, to Darsha’s utter disgust. This IUSF pair then announced that Darsha had been sexually molested long before he came to University.  A weak argument, which Darsha vigorously and contemptuously denied.

The IUSF then used You Tube to present its case. it gave an interview which came on You Tube hosted by SL Today in August 2019 under the title  ලංකාවම කැළඹූ රුහුණ විශ්වවිද්‍යාලයේ නවකවද සිදුවීමේ ඇත්ත හෙලිවේ. (see  https://youtu.be/iAwv3ZVD4TI )

The preamble to the video clip said රුහුණේ නවකවදය දීපු අයියල සෙට් එක මෙන්න. පසුගිය දිනක රුහුණ විශ්වවිද්‍යාලයේ ශිෂ්‍යයෙකු විසින් මාධ්‍ය හමුවක් සිදුකරමින් විශ්වවිද්‍යාල අභ්‍යන්තරයේ සිදුවන නවක වදය සම්බන්ධයෙන් හෙලිදරව්වක් සිදුකරන ලදී. එම හෙලිදරව්වට පිළිතුරු වශයෙන් රුහුණ විශ්වවිද්‍යාලයේ ශිෂ්‍ය ක්‍රියාකාරී කමිටුව විසින් අද දින මාධ්‍යය හමුවක් පවත්වමින් කියා සිටියේ විශ්වවිද්‍යාල අභ්‍යන්තරයේ කිසිදු නවකවදයක් සිදුනොවන බවත්, මෙම පැමිණිල්ල සාවද්‍ය බවත්ය. එමෙන්ම වැඩිදුරටත් ඔවුන් සඳහන් කලේ උපකුලපතිවරයා මෙහෙයවීමෙන් අදාල ශිෂ්‍යයා සාවද්‍යය පැමිණිල්ලක් සිදුකර ඇති බවයි. එයට සාක්ෂි ලෙස හඬපටයක්ද අද දින මාධ්‍ය වෙත ඉදිරිපත් කරනු ලැබුවා.

In this You Tube clip the speaker denied Darsha’s complaint that sexual ragging had taken place in Ruhuna. There is absolutely no sexual harassment taking place in Ruhuna University, the speaker said. This was     a charge invented by the private universities to get more students.

The speaker said that Darsha’s complaint to the police was false. The Vice Chancellor was behind this. The VC had influenced Darsha to put forward a false complaint. No such rag has ever taken place. 

There are 200 hostellers in Meddawatte hostel.  They have not complained, said the speaker. Darsha was not staying in the Medawatte hostel, either. His name is not n the hostel list. What the speaker did not say was that Darsha had left the hostel after the ragging,    and boarded elsewhere.

The IUSF speaker gave helpful statistics on the number engaged in criminal ragging in Ruhuna. He did so by giving us statistics of raggers who had been caught and punished by the university. A total of 135 students had been charged, he said, of which 19 were presently imprisoned, 11 banned from studies for life, and 37 expelled from hostel. Disciplinary inquires were   pending against 42.

He also provided a breakdown by faculty. There were 19 currently arrested from Arts faculty. Leading officials of the Student Union are in this list. One is banned for life from University studies. Disciplinary inquires have started for five others. These students have been arrested on bogus charges, said the speaker.  

In the Faculty of Management 9 were barred from University for life, disciplinary action taken against 23.  In Faculty of Science 23 were charged.  In Faculty of Technology 8 disciplinary inquires and one banned from University studies for life. In Medical faculty, disciplinary inquiry on 6. In Faculty of Health science 3 were banned from hostels.  In engineering faculty, 8 were forbidden hostel facilities.

This video clip by the IUSF representative got 593 Comments. Not one comment agreed with the IUSF.  Commentators wished instead to show their utter contempt of the IUSF activities and their firm belief that inhuman ragging and sexual harassment had definitely taken place at Ruhuna. Some comments are unprintable.

Here is a selection of the comments.

• Mee කියන්නේ බොරු mee ළමයි campus වලින් එළියට යවන්න
• thopi කරපු බලු වැඩ වලට දඩුවම් ලැබෙයි..ඉගෙන ගන්න ආවනම් ඒක කරගනියවු.මානසික ලෙඩ්ඩු වගේ වැඩ නොකර.අම්මලගෙ බඩේ හැදිල එලියට ආපු එවුන් නෙවෙයිද තො
• ubalawa campus yauwe aragala kara kara innada yako
• හෙනම ගහපියවු අහින්සක ජිවිතත් එක්ක සෙල්ලමි කරල ආතල් ගන්න තිරිසන්නුන්ට
• තොපිට හෙන ගහනවා ! 
• බොරු දෙසාබාන්ඩ එපා යකෝ මාධ්‍ය සාකච්ඡා තියල.කරපු ජරා වැඩ ඔක්කොම එලිවෙලා තියද්දි.දැන් තමයි නියම කොන්ද පන තියන උපකුලපති කෙනෙක් හම්බවෙලා තියෙන්නෙ. 
• මනස විකෘති වූ උඹලා වගෙ කෲර හැතිකරෙව මර්ධනය ‌නොවෙයි ‌මරළා පාර අයිනෙ ‌ගොඩ ගහන්න ඔනෑ.
• ඹ විදවන්නෙ සමහරවිට මේ ආත්මෙ නෙවෙයි.. ඒත් මේ ආත්මෙ උඹලා වදදෙන උං උඹලගෙ පිටිපස්සෙන් එයි දවසක..
• අනේ කාලකණ්නි බල්ලො තොපිල කරන දේ හරිද අවජාතක බල්ලො නවකවදය කාපු ලමයි සියදිවි නසාගත්ත මාධ්‍ය හරහා වීඩියෝස් දැම්ම ඒව බොරුද බල්ලො තොපිට හෙන ගහනව
• අපිත් university තමයි….අපි දන්නව ඇතුලෙ කරන දේවල්…උබල කියන්නෙ වාර්තා වෙලා නෑ කියලනේ..ඔව් තොපි වාර්තා කරන්න දෙන්නෑ…කරත් ගහල අයින් කරවනවා..
• මේ පකුන් අහිංසකයින්ට නවක වද දීලා දැන් ලැජ්ජ නැතුව කතාකරනවා
• Campus ආවනම් ඉගෙනගන්න ..ඔයගොල්ලො වගේ අසහනකාරයො තමයි සමාජගත වුනහමත් මේ රට විනාශ කරන්නෙ….
• පර බල්ලො අර අහිංසක කෙල්ලො ටිකක් කතා කරගන්න වත් බැරි විදිහට දීල තියෙන වදහිංසා උබ දකින්නෙ මොන විදිහටද තොට අම්ම අක්ක. නංගිල නැද්ද අවජාතක පාදඩයො…
• මු කියන බොරු
• තෝව අල්ලලා මරන්න තරම් කෙන්ත්යි
• Ane nikam hitapan pacha kelinne nathuwa.
• අනේ කොහොමද ඔයාලා ඔහොම කතා කරන්නෙ.. අපිත් campus ඉන්න ළමයි.අපි හොදට අහලා තියෙනවා ඔයි වගේ ගොන් කතා..සොහොදරවරුනි කිය කිය කියන්නෙම බොරු..ඔයාල හිතන් ඉන්නෙ campu ගිහිල්ලා අන්තරේට ගිහාම picket වල උගුර වේලෙනකන් කෑ ගැහුවම ඔයාල රටේ ජනාධිපති කියලද..කොන්දක් තියෙනවද ඔයාලට.අහිංසකයොන්ට වද දීලා වද දීලා ඔහොම බොරු කියන්න..මෙයාලට කොහොමත් හොද පුරුද්දක් තියෙනවා කොච්චර වැරදි කරත් මුකුත් නොදන්න බබාලා වගේ කතා කරන්න..ඒවට තමයි මෙයාලට degree තියෙන්නෙ..subject repeat වෙවී මේවා තමයි කරන්නෙ
• තොපේ මූනු වලින්ම පේනව තොපි ජඩ මැරයො කියල .අර ගැහැණු ළමයින්ට කරපු දේ .. ? අරයල ඇවිල්ල බේර ගත්තෙ නැත්නම් .
• පර බල්ලො.උප කුලපතිගෙ වැඩපිළිවෙළ හරියටම හරි.
• මුන් එකෙක් දෙකෙක් මරලම දැම්ම නම් ඉවරයි.
• Mekath owata sambanda da danna na

Youtube clips seen by me for    Pt 8Lg and  Pt 8Lh are  listed below.

• Campus Rag episodes 1-3. starting with  https://youtu.be/xwgadgBUr80
• https://youtu.be/6KZAsu1s3cw
• https://youtu.be/xwgadgBUr80
• https://youtu.be/jDizY7W5wPM
• https://youtu.be/02x3t9zFeNw 

clips featuring Darsha Udyanga are:

• https://youtu.be/ve_eGcf67ac
• https://youtu.be/buS3eKmSvcQ
• https://youtu.be/8YboWyYT6VI 
• https://youtu.be/FvwMJKHQjFA
• https://youtu.be/UO1lVoSbZY0

Sarath Wijesinghe, President’s Counsel. 

Through the years Sri Lanka has being a strong prime source of trainable, reliable and loyal and above all cost effective supply of manpower to number of countries and industries majority finding employment in the Middle East sector and other regions for both skilled and unskilled.    

The liberalization of trading with an open economic principles led by the government encouraged youths of this country to learn and develop more industrial skills with use of modern technology and training methods. The sector has supported to step up the standards in numerous ways to face challenges and develop positive work attitude, behavior pattern and confidence in workers. However, having said that there is still room for enhancement in this sector with measures that could be taken by the Labor ministry in support of the foreign employment sector. If G to G negotiations are made with (government to government) apt concord, there would be less seeking to sneak across to some of these countries in search of work.

In sustaining and providing necessary back up for the middle and low income youths of the country, training and offering apprentice programs is essential in preparation to gain more experience. There is vastly room for improvement by the government of Sri Lanka to develop this area.  On the other hand, few of the private sectors have identified the need and some of the institutes have extended their services in support of this industry.  Some of these private institutes have contributed immensely in elevating needed skills in carrying out successful employment in foreign land.

Let us first understand what employment and recruitment is. It is working for an Organization or a company and receiving wages in exchange to the services one renders. On the other hand, recruitment is hiring people accordingly based on a employees skills and qualifications and past experiences. Foreign workers contribute to a large part of the employment window across many countries in the world. There are many significant benefits associated with it. Most people are not born with silver spoons in their mouths or carry wealth from forefathers therefore to maintain life-long employment is to ensure self-wellbeing and that of their families. Satisfied employment is of great importance. Employment is also knowledge, and knowledge is power.  The more you gain knowledge in a specific field the more one can demand in terms of suitable placement and remuneration. Human resources on the other hand are an asset and along with skills and ability of manpower are imperative. These two goes hand in hand for successful employment segment.

Employment falls into two different categories and that is local and foreign recruitment. The latter is what we are mainly focused in. Foreign employment opportunities are huge for Sri Lankans and considering our literacy rate statistics for 2020 was 92.38%, a 0.13% increase from 2019. Therefore, there is hardly any reason why the majority of our population shouldn’t be engaged in skilled migration or overseas placement to better their prospects. If we consider the adult literacy rate of 91.71% male rate falls to 92.77% and female literacy is 90.8% leaving hardly a deficit between the genders. Which therefore implies the skilled capacity is equally high and both genders should be given equal opportunities to work in suitable environment benefiting same remuneration.

The present crisis in the country has led to many seeking foreign employment. Likewise several job agencies has stepped forward in providing these services in meeting with demand of many seeking better financial stability. However as an organizations point of view the lower income category no more needs to settle for less if they can be tutored for most demanding professions in the world, and that does not require very high literacy but more dedication and that should come along with a personal commitment. There is usually a high possibility of local workers in lacking certain skill sets. Therefore it is best if hirers identify relevant talents to work with for corresponding job roles and training and upgrading these categories and develop them to suit both the local and foreign job markets.

The world needs man power in every sense of the word and therefore it is best identified what is the need of the hour and some of the categories such as health care and care giving has hit the top on the list with present global health crisis.

Foreign employment usually occurs when job opportunities are limited in the local market or dissatisfied employees mainly looking to better their prospects. There are pros and cons in foreign placement due to risk of brain drain. However there is more in the positive such as lowering unemployment and country receiving foreign remittances. Which is a necessitate in the country right now. This in turn can create more local employment opportunities to the country with more and more entrepreneurs sprouting.

If we analyze some of the reasons for labor migration it is mainly due to high rise of cost of living whereby people start reacting to primarily what they earn is never enough, followed by several other factors such as limited employment opportunities in the market, or deteriorating standard of living due to inflation. If there is no political stability in the country then there is an issue in the common market which affects everyone and wages and working conditions falls below the line causing greater instability. One main reason for labor migration is inflation.

Sri Lankans are capable of working hard, if they apply themselves in any field across the board. Whether it is finance, IT related, and labor class. There has to be a certain amount of commitment and dedication in these workers with desire to do what you do with a great enthusiasm. It comes with how one is rewarded in return to your yield therefore happy employee turns out to be a successful workplace. Beneficial for both employer and the workers.

Countries that fairly known for cheaper labor are usually South Asians and Philippines, Indonesians who have managed to top the list in terms of engaging, followed by Sri Lankans, Indians, Bangladesh etc.

THE NEED OF THE HOUR-

The Pandemic that took the world by storm was never prepared for this magnitude of sick and fatality. The elderly population was worst affected with many lives lost. This unprecedented global health crisis in the name of ‘Corvid 19, affected most of the economic activities globally. No country was prepared for this devastating virus. What started as an outbreak of a virus in Wuhun China stealthily crept in to the earth planet. It challenged the norm of the most normal’ in aspect of life.

 The world was not prepared for nursing and care giving to this magnitude therefore there was an inadequacy of experiences staff everywhere, not only in our country but to the western world.  There was also lack of knowledge and impecuniousness of health workers with basic knowledge in special care giving therefore the worst affected were the senior citizens who lost their lives in hundreds  and thousands  due to lack of attendance and proper nursing care. The world literally stood still. The pandemic situation halted almost all economic activities of Sri Lanka; it equally impacted several other industries including the labor market where no new recruitments were taking place and in fact those already in overseas employment were sent back home in huge numbers  due to consequences of the recession.

Sri Lanka was able to contain the first wave of the pandemic successfully but there was a negative impact to the economy and this was not only to our country but tilting the world economy.  Slowly but surely it entered into the labor markets stability. The world was faced with a challenging requirement of professional health care givers. Health sector worldwide needed profound changes in how health systems were designed.

At the nucleus of such systems was the need for health care professionals without whom the whole of the health sectors redesign could not be possible. Preparing health care professionals to take on such task required a common vision and that is first and foremost meeting patients’ needs and this can be only achieved through experience, practice, quality improvement approaches and training.        All health centers and hospitals globally should possess core competencies but there was a lag due to unskilled workers and the world was never prepared by this unprecedented crisis throughout globally the world needed to meet the 21^st century health care systems.

Our country is known to be at the top 5 of cheap labor market mainly to the Middle East market. Many laborers were known to have found jobs in UAE, Qatar, Kuwait and Saudi, some even has to work in harsh conditions. Certain workers were never prepared for these conditions therefore there whole life changing journey was futile. However care giving and health sector was not so much in the demand list then.  Pre pandemic only few nations such as Singapore, Israel, Canada that needed caregivers due cheap labor from developing nations. This is due to low percentage of their own willing to care for their ageing community. Therefore there were no facilities providing proper training prior departure for these workers. Our country never saw the demand coming.

CAREGIVERS ARE MOST DEMANDING JOB PRESENTLY

 By 2030, there is likely going to be a shortage of more than 100,000 caregivers for the elderly and nursing homes. Research has it by 2050, over one in five adults will be 60 or older, and eighty percent of those people will live in low and middle income countries. It clearly reflects that caregivers and nursing is not just for the western world but soon developing countries will also have to brace for this requisite.

Caregiver’s job can be extremely gratifying for the right type of person, whether it is the young or the young at heart if you have the heart and soul for wellbeing of another, however it shouldn’t be also looked as merely a lucrative business but more a service and a commitment that can be offered to global necessitate of the caregivers sector. For many institutes, employers and agencies the biggest issue was that they were faced with lack of good workers to find during this surge of need for caregivers and while skilled workers were even harder to find.

It is a fact that elderly care giving are in great demand and there is lot of opportunities for this job, yet there was a huge void in this profession and it became a pressing priority in most communities, nursing homes, hospitals and adult care centers globally.

Experienced Care givers are currently sought after. Care giving should be identified properly. It’s caring for patients, identifying the differences, values, and preferences and expresses needs, relieve pain and minimizing the suffering of a patient is a necessity.  Therefore  traits of good communication with the patient is also of significance and all these areas needed proper training which the sector was never prepared.

There are clinics, hospitals and Care giving centers in highly developed nations that has healthcare professional s who can guide you through treatment options and chronic conditions that has to be carefully managed, but these comes with a huge cost to the patient and family especially in the western world, hence the reason more and more country’s are reaching out to the developing and under developed countries for cheaper labor market, yet there is a lag in the proper nursing/ care giving industry as no one was prepared for this incursion of  need  of caregivers until the pandemic  thumped  the world.

SURADO CAMPUS

A campus that rose to its occasion and became a part of the one of the world’s strongest and fastest growing professions and that is under health, care givers program.  Surado campus did not suddenly sprout but it is an institute that identified the necessity of today’s youths for successful accomplishment of their career paths and fulfilling exactly their ambitions. The institute commenced with language proficiency and moved to various other vocational studies moving with times to develop the educational sector supporting youths in every step of the way. Surado campus’s timely introduction of the caregivers program maintains its forefront in care giving business to global standards in the industry. Gained its position as one of the top market leaders presently.

The campus an initiate of a humble young entrepreneur with a vibrant nature, a charisma of an influencer in every sense of the word makes no loss in time motivating his students at lectures. Many may want to fit in his shoes no doubt will see him as a successful entrepreneur. Surado campus strikes a well balance of entrenurship and serving humanity not only in the health sector but contributes to the country’s job market locally and internationally. Being a member of the Ambassador forum he has a vision for the futuristic youths of this country through the international arena.

Stepping out of the box, he strategically emerged with the timely solution and that was the need for proper training and educating the young in preparation for the foreign demand of caregivers mostly European countries and now followed by other countries where the demand is rising with aged and the lack of attendance for sickly in most developed countries.  This has also resulted in giving opportunity for the foreign employment sector giving many deserving youths of today to travel.  Caregivers can now work overseas and they are successfully recruited through agencies and one such agency is Surado campus, who has taken pride in sending numerous workers in the reason past.

Surado Campus initially kicked off as privately led vocational training institute for foreign employment. It later diversified to other languages followed by various other aspects of vocational studies. Established in 2012 this campus saw its growth and it gradually led to not only education but employment both local and foreign placement. Facing challenges of the pandemic overcoming its hurdles one by one it eventually slotted into the most demanding subject and that is a care givers program that has reaped results of all its hard work. Today Surado campus is one of the leading institutes that conduct various academic courses to vocational giving equal opportunity for everyone to build up a career. It is affiliated with several foreign universities giving the opportunity to the futuristic to set their journey beyond and accomplishing their dreams.

Surado campus not only supports the country’s employment sector but it also plays a huge role in country’s present foreign exchange earnings. The country’s dire need is foreign exchange reserves which plummeted an astonishing 99% since 2019, bringing down the capacity to purchase imports inciting up domestic prices for goods. Sri Lanka’s present economic and political crisis, in recent times defaulting on its debt payments ignited a mass protest across the island bringing the country virtually to a standstill

Foreign employment very especially health and care givers sector therefore is driving a wave of a market boom with new global opportunities, whereby it contributes in foreign exchange earnings. Surado campus offering these programs topped the market in the country with very few competitors in the game. Once equipped with knowledge it is easy to find job satisfaction and contentment, stated the chairman P. S. R Buddika he further vehemently believes a well trained employee who is able to deliver to the expectation of his employer essentially builds a good employer- employee relationship.

Sri Lankans are intelligent by nature; warm and known to be friendly therefore are quick to grasp any job requirements if trained properly. Some of the key areas given above are of huge advantage to the worker in terms of carrying out their care givers job.  SrI Lankan’s are also usually known to be benevolent towards elderly parents or sick. This may come from the culture and religion where teaching of Lord Buddha towards aging.( Ahimsa spirit) it is in the Dharma, fragile and infirm bodies and minds are sacred and worthy of great kindness and care. To respect aging at every stage is the greatest kindness we can offer to ourselves and those we love.

Surado campus has carefully sort after this area of care giving and nursing and students are trained under expertise with high-tech facilities enabling smooth transition of foreign placement standards.

Some of the key areas covered

• Introduction to care giving.
• Introduction of human body.
• Sterilization, Disinfection, PPE, Barrier Nursing care.
• Hand Washing Techniques.
• Medication Administration.
• Therapeutic Communication Process.
• Dementia Care.
• Human Rights/Medication Rights.
• Diabetes Mellitus.
• Sexually Transmitted Diseases.
• Nutrient and Diet Plan Preparation.
• Basic Medical Investigations.
• Decubitus Ulcer.
• Turning and Moving a Patient on the bed.
• Bed arrangements.
• Maintaining Personal Hygiene- Oral Care.
• Maintaining Personal Hygiene- Bed Bath and Back Care.
• Maintaining Personal Hygiene- Hair care and head wash.
• Assessment of Vital Signs.
• Administration oral Medication.
• Naso-Gastric Feeding.
• Care for Diabetic Patient.
• Nebulization & Tepid Sponging.
• Moving and Handling of the client.
• Catheter care/ Perineal Care.
• Palliative Care.
• Care Home Visit (Clinical Training).

Surado Campus can proudly say they are contributors towards providing a substantial cushion to the present crisis whereby these workers send home remittances. Therefore, we can comfortably say most recruits from Surado campus plays a key pillar towards current foreign exchange earnings. Foreign employment and the private sector equally looks forward to the support of the government by establishing more foreign ties whereby our workers are not faced with impediment in seeking jobs overseas.

By Dr. Tilak S. Fernando Courtesy Ceylon Today

I received this information on the metamorphosis of ‘Colombo cinemas’ sent by a friend based in London. It was a text by a historian, Asiff Hussein. Hussein gives a historical account going back to the ‘tent’ days when the ‘silent’ English movies were shown. He deals with the history of the Colombo cinema, its evolution, and the development of cinema halls in Colombo, Sri Lanka. 

According to Asiff Hussein, an Englishman named Warwick Major was the first person to show silent English films in a ‘tent’ at the site of the old Regal theatre grounds. In the early1900s, the movies were called bioscopes. The American Consul for Ceylon, Stillman Eells, wrote to American Motion Pictures in1931 explaining how a touring ‘Electric Bioscope’ was screened. Those films were shown in various venues in town-halls at regular intervals, with an average number of four hundred spectators. The older folks, Asiff Hussein, says revealed a man nicknamed the ‘Bioscope Man’ used to push his cart to various venues to show silent movies like in a cinema.

Bioscope Man

This ‘Bioscope man’ was a Muslim guy who used to push his handcart along the roads of Slave Island in the 1950s and 1960s. He managed to gather a few cinemagoers and rolled the films with a handle, aided by light to magnify images. The films were protected by a black box. During this era, cinema was made up of monochrome silent films, and the ‘bioscope man’ used to give a running commentary of the movie in Tamil so that the majority of Muslims in Slave Island could understand the description uttered by the bioscope man on films.

Modern cinema came into existence during the World War I and II. In 1931, The American Consul wrote to American motion pictures about the three ‘picture halls’ or ‘theatres’ in Ceylon, namely the Empire, Regal and Majestic in Colombo. The Empire and Regal were equipped with fading lights and exhaust fans. Gramophone records were played half an hour before the opening of the show at each terminal. Newsreels or comedy films were synchronised, and movies shown in all three halls were changed fortnightly.

All films at the three film halls screened American films while British and German productions were in the mixture. Hussein’s remarked about the popularity of films with dialogues that were ‘pretty popular’ in Ceylon among the cinemagoers, even though many did not understand English. Every sophisticated cinema hall in Ceylon performed two shows fortnightly: one at 6p.m. and the other at 9:30 p.m. At the 6 p.m. performances, the cheaper class of seats were permanently occupied, although many did not understand English. The English-speaking Ceylonese and the Europeans had almost forgotten silent films when films with dialogues were replaced. When movies were synchronised, adverse comments were heard from the audience. Therefore, it seemed that those films that contained discussions became extremely popular in Ceylon.

Then came the revolution of air-conditioning of cinema halls, which was considered a very comfortable experience. The Rio cinema at Slave Island became the most family-friendly cinema hall during that period. The impact on the nation island in July 1983 riots; the nation became a victim of the torching of properties and racial riots. Many Tamils became victims of the riots and opened the door for refugees to other countries, especially the West. By the time the riots subsided, the quality of the films miserably faded. The July incident became ‘the Black July’ internationally.

Rio Cine

The Rio (Kumaran Ratnam Road), Slave Island came much later, in 1965. It was set up by Appa Wellai Navaratnam. In the olden days, it had an open area opposite the cinema which served as a parking lot for cinema patrons. The section between it and the roadway was adorned with cut-outs of the film running at the time. The early films shown at Rio were mainly Twentieth Century productions and musicals such as South Pacific, Sound of Music, Can Can and West Side Story; All films like Alamo and humorous adventure films like Those Magnificent Men in their Flying Machines.

After the riots, the Rio Cinema at ‘Slave Island, Colombo 2, came up with an impressive fascia with ‘neon’ lights at night with red lighting running through the name of the cinema as Rio Cinema, and blue lighting throughout the side of the building, which gave it a sophisticated appearance. Before the July riots, the cinema hall exterior had been covered with ‘Gintota Plywood and Satin and ‘kirihambiliya facing. Cinema seats were equipped comfortably and upholstered with foam rubber in creamy beige rexine (a kind of artificial leather used in upholstery) and satinwood arms to afford an unobstructed view of the main screen, which was over forty-feet wide and nearly forty-feet high.

Rio’s generous lounge was open to cinemagoers with snacks, including Chinese Rolls, Patties, Sandwiches and Hamburgers from the Nippon Hotel across the road. The ‘Sweet Bar’ comprised amply stocked with Icy Chocs, Soft Drinks, Cashew nuts and Peanuts.

A few of the old cinemas had usherettes. For example, Rio had in their early years’ usherettes dressed in grey and with ‘Air Force’ caps with a white stripe running through a whitish and bluish grey jacket and a skirt.  Usherettes were mainly from the Burgher community. They carried trays strapped to their shoulders to sell refreshments such as icy chocks, patties, sandwiches and hamburgers. It was the same with the Savoy cinema. The Savoy, too, had in the 1960s‘Burgher women’ usherettes. They wore white frocks and red and white dotted cravats and carried torches to show people their appropriate seats. During the intervals, they would make another appearance, carrying trays filled with sweets and ice chocs for sale.

Other cinema theatres in Colombo

The Regal at Parsons Road (Sir Chittampalam Gardiner Mawatha) was set up in 1930 by Ceylon Theatres Company. It accommodated nine hundred seats equipped by an American company. At that time, it was one of only three good theatres in Colombo, the other two being the Empire and the Majestic.

The Majestic Cinema at Galle Road Bambalapitiya was initially established by the Parsi-owned Madan Theatres during the world war years. It was later purchased by Ceylon Theatres, owned by Chittampalam Gardiner. It was known as the ‘Majestic Talkies,’ but it was akin to the Savoy cinema.

In the 1930s, great American movies were shown, Metro Goldwyn Mayer movies like Scapegoat, Green Helmet, and Tarzan, the Ape-man.  The ‘Secret of Monte Cristo’ also attracted large crowds. In the 1980s, the old cinema was demolished by its owners and replaced by Majestic City, the commercial mall.

Liberty Cinema

The Liberty Cinema at Turret Road, Colpetty (Dharmapala Mawatha), was built by Jabir A. Cader in the 1950s. It screened films by both Paramount Pictures and Universal Pictures. One of the first films shown at the Liberty cinema was ‘A White Christmas’. Later it released comedies starring Gerry Lewis and Dean Martin, Danny Kaye’s Knock-on Wood; musicals like Cliff Richard’s Summer Holiday and My Fair Lady, along with thrillers like Towering Inferno and Cassandra Crossing; Horrors like Alfred Hitchcock’s Vertigo and Psycho and Robert Aldrich’s Whatever Happened to Baby Jane.

Savoy Cinema

The Savoy Cinema at Galle Road, Wellawatte, was also built in the fifties. It may have chosen its name from the more famous Savoy theatre in London. It was owned by a person named CV De Silva, who is believed to have started life providing entertainment for overseas troops stationed during World War II. It was built by Jason Fernando. In the late fifties, there was a ‘hullabaloo’(1956) when the musical Rock Around the Clock featured Bill Haley and the Comets. Few Burgher youths created a fury and they started dancing inside the cinema and behaved boisterously, which became a nuisance and the Police had to be summoned to bring the situation under control.

Popular Cinema

Many famous films in the 1960s were Gun Fever, Lady Chatterley’s Lover and The Case Against Brooklyn, James Bond Movies Dr No, From Russia with Love, Goldfinger and Thunder Ball.

In the 1960s, cinema tickets cost from fifty-cents to three-Rupees, maximum. The ‘Gallery’ usually cost fifty-cents, Second Class, one-rupee, First Class, two-rupees and the Balcony three-rupees.

tilakfernando@gamail.com

By Dr. Tilak S. Fernando

Courtesy NewsIn.Asia

Colombo, September 15: In his address to the first batch of graduates of Sri Lanka’s National Defense College here on Wednesday, President Ranil Wickremesinghe made significant points: Firstly, Sri Lanka has unfortunately become a punching bag” because of Hambantota port although that port is only one of the 17 Chinese ports in this region and is only a commercial port. Secondly, he assured New Delhi that Sri Lanka will not compromise on India’s security interests and will always work together with it to ensure the security of the region.   

Fuss Over Hambantota

The geopolitics of the Indian Ocean has unfortunately made us the punching bag for Hambantota. Actually, there are about 17 ports that are operated by the Chinese in the Indian Ocean. Different companies. There are some more ports that are operated by Dubai World ports. Now, all the ports are commercial ports. So is Hambantota. It is not a military port,” the President stressed.

If there is security significance, it is in the port of Darwin in Australia where you have, as they say, Chinese ports are operating side by side in the area which the Australian and the US forces use for training. We don’t have that. We don’t allow anyone to come and train here, but we do have our southern command of the navy. We have a divisional headquarters of the army and we have a detachment of the Air Force. They only ensure that this is a commercial port.”

So though we are a commercial port, it shows our strategic importance that many people come to conclusions which are unwarranted. And I hope the next agreement we come to with China, will not cause such speculation. It is only about debt reduction for Sri Lanka,” Wickremesinghe assured.

Plight of a Small Nation   

First and foremost, in this region, the biggest tension does not come from the sea. It comes from the Himalayas, where, two new nuclear powers, face each other. Secondly, it comes from the Horn of Africa and the Red Sea where bases are being established and militarization is going on. In fact, all those who are militarizing the Horn of Africa, point to us who have not militarized anything, and they say we are the ones who are doing it. So this is the irony of life and the irony of being a small nation.”

Nevertheless, we do not want the tension in the Pacific to flow over here. It’s not only us. ASEAN doesn’t want it. They don’t want it to come beyond the South China Sea. So, we are with ASEAN on that. We certainly do not want the problems of the Pacific coming into the Indian Ocean.”

So let us look at how we can maintain our stability. We do this because we want the Indian Ocean to be stable and to be open to all. That’s why we have asked for a code of conduct for the Indian Ocean and freedom of navigation to apply and also the freedom of undersea cables. That is important for commerce to carry on.”

We have to remember that the bulk of the petroleum supply, energy supply to the world goes through the Indian Ocean. A large amount of shipping goes through the Indian Ocean. We don’t want this to be an area of conflict and area of war. And this is one of the reasons that worry me, because I am in total agreement with the Prime Minister of Singapore and the Deputy Prime Minister who refer to the fact that you can have an unwarranted war.”

We don’t want that. We want peace and harmony. We don’t want to see big power rivalry in the ocean, because that big power rivalry gets reflected everywhere. We don’t say that the Indian Ocean should be locked out for others. In 1977, we said that the Indian Ocean Peace Zone did not prevent the American fleet from being present there. Subsequently, we have seen the Japanese maritime defense forces here. Certainly, we are not against it. We like to see them here. And then you have seen the People’s Liberation Army, navy here. Its not only here. Many other European navies are now coming here. So these are developments. If the navies want to come, we have no problem. They helped in the anti-piracy operations. But we don’t want a level of rivalry which will affect the security and the peace of our area.”

Will Not Take Sides

We will not join any big power or take sides, we will stay out of it. And that’s why we want to ensure that the big powers and their rivalry doesn’t lead to conflict in the Indian Ocean. That’s one thing we can’t afford.”

We are faced with so many problems, non-military problems. Look at the questions today. We are facing a shortage of food, of economic development, of global climate change. Those are more than sufficient for us to focus on. We don’t want our attention taken away by others.”

Security Commitment to India

When it comes to the security of Sri Lanka, we are of the view that in looking after the security of Sri Lanka we must also ensure that nothing adverse happens to the security of India. That we have been committed to, and we will go ahead with it. There will be no movement out of it. And certainly, our security. That’s why we work with India on the Colombo conclave, on the trilateral security arrangements and many other fields, especially outside the military field of piracy, of human trafficking, of drugs. All those are useful ways in which we cooperate with India and the other island states.”

 lanka C news

හිටපු ජනාධිපති ගෝඨාභය රාජපක්ෂ මහතාගේ සුරතලා විදුලිබල මන්ඩලයේ කෝටි ගණන් විනාශ කළ බව සුර්ය බල ඉදිකිරීම් සංගමය චෝදනා කරයි.

එහි සභාපති වෛද්‍ය සම්පත් ශ්‍යාම් පතිරාජ මහතා මේ බව කියා සිටියේ අන්තර්ජාල නාලිකාවක සාකච්චාවකට එක්වෙමිනි.

අදානි සමූහයේ ගිවිසුමට සුනිත්‍ය බලශක්ති අධිකාරියේ නිලධාරීන් අකමැති නිසා ගෙදර එවූ බවත් පැවසූ ඔහු සූර්ය බලශක්ති ව්‍යාපෘති වලට වැඩියෙන්ම අකුරු අකමැති වන්නේ විදුලිබල මණ්ඩලයේ ඉංජිනේරුවන් බවද කියා සිටියේය.

සූර්ය පැනල සවි කරගෙන සිටින සාමාන්‍ය ජනතාවට මුදල් නොගෙවුවද ඩීසල් බලාගාර වල මුදල් නියම දිනයටම ගෙවන බවත් පැවසූ ඔහු පාඩු පෙන්වමින් විදුලි බිල වැඩි කලේ පොඩි මිනිහාගේ සල්ලි වලින් මණ්ඩලය ලොක්කන් හොරකම් කරපුවා වහගන්න යයිද පැවසීය.

Courtesy The Daily Mirror

Former minister Wimal Weerawansa said that most stupid politicians think that the Geneva Human Rights Council is the place that serves justice to human rights issues. 

“This is another tool by US’s imperialist forces. They try to trap those who evade their mechanisms. Since Sri Lanka defeated separatism they are adding pressure on us,” Weerawansa said.

Courtesy Adaderana

China and other big creditors have a responsibility to prevent the debt problems facing emerging market and low-income countries from exploding, International Monetary Fund (IMF) Managing Director Kristalina Georgieva said.

Georgieva, speaking at an event hosted by the Center for Global Development, said 25% of emerging market and 60% of low-income countries were in or near debt distress.

My message to the large creditors, to China, the private sectors is that the larger your share is, the bigger your responsibility,” she said. It is in your interest as creditors to prevent a problem from exploding.”

Specifically, Georgieva said she hopes to see Sri Lanka’s public creditors quickly engaged and then bringing private creditors on board for debt negotiations.

Earlier on Tuesday the Sri Lankan government said financial advisory group Lazard started talks with India, China and Japan on restructuring Sri Lanka’s debt.

Source: Reuters

–Agencies

Courtesy Hiru News

India does not plan to provide fresh financial support to Sri Lanka on top of the nearly $4 billion it has extended this year, two sources told Reuters, as the island’s battered economy starts to stabilise after a preliminary loan agreement with the IMF.

India has been the biggest provider of aid this year to its southern neighbour, which is fighting its worst economic crisis in more than seven decades and struggling to pay for imports, although the situation now is less severe than it was between May and July.

“We have already given $3.8 billion worth of assistance. Now it’s all about the IMF,” an Indian government source with direct knowledge of discussions with Sri Lanka told Reuters. “Countries can’t keep giving assistance.”

A Sri Lankan government source said India’s decision was not a surprise and that New Delhi had “signalled” to them a few months ago that there would be little further large-scale support forthcoming.

The source, however, said that India would be invited to a donor conference that Sri Lanka was planning to hold with Japan, China and possibly, South Korea, later this year.

Another Sri Lankan government source said that talks between India and Sri Lanka for a $1 billion swap arrangement and its request for a second $500 million credit line to purchase fuel, made in May, had made little headway.

The sources declined to be named, since they were not authorised to speak to media.<br /><br />India’s finance ministry, and Sri Lanka’s finance ministry and its central bank did not immediately respond to requests for comment.

Sri Lanka and the IMF reached a preliminary agreement in early September for a loan of about $2.9 billion, which is contingent on the country receiving financing assurances from official creditors and negotiations with private creditors. read more
“Our focus is more on taking forward the IMF programme and getting ourselves out of this mess on our own,” said one of the Sri Lankan sources.

Sri Lanka has worked to use its limited foreign exchange reserves to meet fuel imports and reallocate funding from multilateral agencies for other critical imports, including fertiliser, cooking gas and medicine, said the other Sri Lankan source.

The country of 22 million people has been battling shortages of essentials, including fuel, food and medicines, for months after its foreign exchange reserves dropped to record lows, stalling imports and stoking unprecedented public unrest.

source: Reuters

Shenali D Waduge

Given that UN-US-India & other nations including the Church are asking for Truth & Accountability, are they prepared to own up to some hard truths? The citizens of Sri Lanka all know these facts. No country that had anything to do with LTTE or helped LTTE can be allowed to determine Sri Lanka’s post-conflict development. These countries & other bodies helped terror not peace. They were indirectly responsible for enabling LTTE to prevail for 3 decades. UN did not prevent LTTE terror or prevent Tamil men, women & children become combatants for terror or stop countries & others supporting LTTE terror – therefore UN has no right to dictate to Sri Lanka after Sri Lanka took action against LTTE when UN’s & foreign govt ‘theories and talks and ceasefires failed to stop LTTE killing people. The truth is that the very countries that present solutions today were indirect participants of the terror pre-2009. All these should be named & shamed as they have no right to be dictating post-conflict agendas as they sided with the terrorists. If aiding & abetting is a criminal offence how can those that aided & abetted terror dictate Sri Lanka’s post-terrorism peace & development.

• Which country took Tamil youth including Prabakaran & trained them in camps across India?

• Which Indian state provided logistics support to Tamil militant groups?

• Which Indian chief minister gave money to Prabakaran?

• Which Indian state allowed LTTE to set up offices in its state?

• What did India do when LTTE bomb, killed 30 Indians in India in the 1980s?

• What did India do when LTTE assassinated its own Prime Minister on Indian soil?

• Who trained, armed & financed LTTE initially & thereafter?

• Why did India threaten Sri Lanka when it was about to capture Prabakaran in 1987? If this had happened how many lives would have been saved!

• How many Christian/Catholic NGOs were located in North & East Sri Lanka when LTTE reigned? How many of them tried to stop LTTE kidnapping of children to turn into child soldiers?

• How many Church fathers & sisters were linked to LTTE but the Church took no action against them?

• How many Church fathers ran LTTE child soldier ‘orphanages’ inside thick jungles?

• How many Church fathers transported ammunition for LTTE in their vehicles

• How many NGOs helped LTTE with material support?

• What are the foreign governments linked to LTTE fronts? Even after banning these fronts, what have the countries done to investigate their links to terrorism?

Any country that has been linked to LTTE or terrorism cannot be shoving resolutions down Sri Lanka & accusing Sri Lanka without being accountable first.

The UN was set up to prevent wars after 1945 – how many countries do not have some form of conflict nowadays?

How many of these countries have a conflict because a handful of countries sell arms & start conflicts to sell arms to both sides? Isn’t this the crux of the problem all over the world? Conflicts are a business. Ukraine situation proves this well.

The conflict resolutionists themselves are all funded by the very countries that orchestrate conflicts together with the NGOs that they fund via programs launched discretely. The colored revolutions showcase the manner foreign countries via their agencies (intel & civil society/NGOs work with local NGOs and other outlets to start trouble enabling the foreign countries to interfere.

These players are the global mischief makers & they are also the key players giving sensationalized presentations in the halls of the UN. All of them are not people’s representatives but representatives paid to work for an objective. Their livelihood is to help create trouble & for that they are paid. As such they have no right to claim to represent anyone or anything in Sri Lanka or in the UN/UNHRC. So long as their funding is from overseas their programs are in line with overseas objectives.

What is ironical & hypocritical is that the very countries raising flags on human rights are those that committed glaring and horrendous human rights violations throughout 500 years of colonial rule & continue to do so under neocolonial imperial warfare. The UN was created by them to be another victor’s tribunal – where they decide who is guilty and who is not.

Those that do not tow their line are often slapped with sanctions & economic arm-twisting showcasing their dishonesty and cussedness.

Countries fund terror for global dominance or geopolitical bullying. Such countries that side with terrorists & terrorism cannot be allowed to determine what happens during peace.

Every country, every INGO/NGO, every civil society organizations & even individuals that sided with terror against peace have no right to determine how peace is to be enjoyed.

Sri Lanka endured the advice of those that helped terror & terrorists. It was after enduring 3 decades of their advice that Sri Lanka took the bull by the horns & ended the terror. It was Sri Lanka who ended terror not the countries presenting resolutions or the UN/UNHRC allowing it. Sri Lanka was helped by countries like China, Pakistan, Russia.

No countries, no entities, no organizations or individuals that were linked to LTTE, aided & abetted LTTE & its terrorism has any right to make any demands from Sri Lanka or dictate how peace & development should be.

Shenali D Waduge

By Sena Thoradeniya

1.  A Repetition of History

In an article published in an English daily on June 9, I brought to the attention of local and international supporters, sympathisers and theorists of Galle Face Protesters an impending catastrophe that would have sent shock waves through their nerves. Instead of making a detailed description of the approaching events I just pointed out the imminent Warning Shadows”.

Old timers may remember the 1971 insurrection launched by the unemployed, disgruntled, petti-bourgeois rural and urban youth and destruction of property and mass killings seventeen years later, during 1988-1989 respectively. I questioned whether in 2022, twenty-four years later have we come to the verge of observing a repetition of history, a 3-G catastrophe.”

I have categorically stated that the Galle Face Protest was no more a peaceful”, non-partisan” agitation of angry young men and women”. Even at that time it was led by activists and front organisations of JVP and FSP. IUSF and JVP Kalakarayas had become its formidable force. Soon a banner at the protest site appeared as Sarvapakshika Aragalakaruwo” or All-party Protesters”. A JVP MP had admitted in a TV talk show that the protest had become a Sarvapakshika” and Bahupakshika” (multi-party) struggle and it had a political leadership.

2. 1971, The First Attempt

In 1971, JVP launched a one-day armed insurrection to capture state power overnight. Wijeweera was inspired by his contemporary at Moscow Hanga, who captured power of the tiny island of Zanzibar in the west coast of Africa in one night along with his comrade Karume.  Zanzibar,called the Venice of the Indian Ocean was famous for its spices. It is of the size of Colombo city, governed by a Sultan, which did not have its own army. Before an imperialist onslaught Zanzibar amalgamated itself with the then Tanganyika (present Tanzania). JVP tried to transplant this ‘‘One Day Revolution” in Sri Lanka (then Ceylon).  Wijeweera said that one day, the Lankans would go to sleep under an old government and on the following day awake under a new government! They were so sure of capturing state power in one night and did not have an alternative plan if the insurrection failed. All subsequent plans were mapped out by the retreating men and women in combat fatigue themselves as a means of survival. Kudos for their ingenuity, bravery and endurance.

3. 1988-1989, The Second Attempt

1988-1889 attacks took a different shape, beginning with the very crude and unrefined slogan in Sinhala JR Maramu” (Let’s kill JR).” Unidentified gunmen” started the killing spree. Learning from their past mistakes we observed that the JVP and its ally FSP were adopting a different strategy and tactics in 2022.

We warned the supporters and sympathisers of Galle Face Protesters and those who provided theories to this Protest and Colombo glitterati how the JVP/DJV in 1988/1989 eliminated former JVP stalwarts such as Nandana Marasinghe, Deva Bandara Senaratne, T.B.Wijesuriya, Jamis Ethugala et al. The Protesters do not read what these theorists write in English and violence will come to their doorstep too.

4. Preparing for the Third Upheaval

In no time the JVP and FSP had succeeded in becoming the leading force at Galle Face and other protest sites. These two rival factions had forged an alliance and admitted in public that their youth activists were already working together at Galle Face protest site. This was no more than a marriage between a populist group engaged in Populism and a group paying lip service to Marxism; what type of a Marxism they uphold we do not know.

JVP General Secretary said that, our party had been there right from the beginning; we have our youth, cultural, students’ and women’s wings at Galle Face”. He defended the jeering at and shoving of opposition leader on May 09: People hate to see politicians travelling in luxury vehicles with security contingents. People detest politicians trying to stay above them. The opposition leader went there in a luxury vehicle with the security guards and his henchmen; So, he had to face the wrath of the people”. Who were his people”? It was a JVP soap opera actor who shoved the Leader of the Opposition.

We observed that their third upheaval” acquiring a protracted nature. But it is an affront to Chairman Mao’s theory of Protracted War which emancipated millions of workers and peasants in China, if someone calls it a Protracted War” or a Peoples’ War”.

General Secretary of the FSP in a press interview (published on June 1) had told that the current public agitation should be sustained in the long run, that it should not be confined to Galle Face alone and spread across the country. This was something similar to creating multiple fronts inthe onslaught in a Peoples’ War. Expansion. But the protesters in the final analysis failed either to consolidate in one place or expand to new areas and organising the masses.   

Lal Kantha, the JVP bigwig addressing a meeting at Thambuththegama (reported on 01 June), threatened to lay siege to Parliament until the present Parliament was dissolved. He said that his party had discussions with many other parties, trade unions, religious and civil society leaders, artists, intellectuals and lawyers to decide the place of the struggle. He further stated that the date that ends the on-going struggle will soon be announced. It will be a day of Parliamentary sittings, he said.

His plan was to besiege the Parliament, closing down all roads and demanding that all MPs passing a motion to dissolve the current Parliament; that MPs would not be allowed to come out from the Parliament without voting for a motion to dissolve the Parliament. He also asked the Protesters to shift the venue of the protest site from Galle Face to Diyawannawa. No proof was necessary to show that these two groups had become the decisive force behind the Galle Face Protest. A protest site at Polduwa Junction was established and another at Diyatha Uyana; slogans changed to Aragalaya Diyawannawen Obbata” (Beyond Diyawannawa).

It was very clear that their aim was reenacting a Guatemalan type struggle in Sri Lanka. Anura Kumara Dissanayake’s drama at the Sri Lanka Foundation Institute, presenting of set of files as documentary evidence of corruption of Rajapaksas and some other politicians, already exposed in detail by political commentators of Sunday newspapers many years ago, and their own Dooshana Virodhee Peramuna” during Yahapalana regime was part of that stratagem. Similar anti-graft activities preceded protests that took place outside the Presidential Palace in Guatemala too.

Vijitha Herath, JVP MP, addressing a meeting at Nugegoda said that they had made Mahinda Sulanga” (Mahinda Wind the first meeting of MR after his defeat in 2015 held at Nugegoda), a ‘‘Mahinda Kunatuwa” (Mahinda Hurricane”) to throw away all Rajapaksas. Repeating the same at a meeting at Matara he said that they would dethrone the entire Rajapaksa clan (all names mentioned) as happened in Guatemala.  

A 22-minute video shared among Samakaami” (peaceful) and Nirpakshika” (non-partisan) Galle Face Protesters drew parallels between Guatemalan rulers and Rajapaksas in Sri Lanka. The narrator in Sinhala said that the peaceful protest should go beyond – aiming violent overthrow of the corrupt rulers. The narrator with the aid of a visual portrayed the present struggle as the tip of the iceberg, its massive mass underneath waiting for the Titanic.

5. May 09: The Dress Rehearsal

On May 09 WhatsApp groups sent registration numbers of busses that had transported Pohottuwa supporters to Temple Trees meeting and exact locations of the houses of other Pohottuwa MPs to their Helmet Brigades”.  Within a few minutes the island was turned into an inferno. It was not a spontaneous response to the goon attack as the Colombo socialites had written. New technology was used to locate the houses. 

This time arson took place with the aid of drones and Molotov cocktails. Ordinary farmers who demanded fertiliser, housewives who demanded cooking gas, milk powder and essential food items, motorists who clamoured for petrol and diesel did not have these items in their shopping lists.

Lal Kantha, the JVP stalwart in a YouTube interview said on May 09 he called all trade union leaders to Galle Face and telephoned all his senior cadres in every important city and advised his local party leaders in the districts to launch protests in their areas  against the goon attack on the Galle Face Protesters, to take revenge for destroying tents and other( illegal) structures of the Galle Face Protesters. Those who do not support the protest movement were not citizens (puravesiyo”), he defamed. JVP’s trade union leader called for a General Strike. As the unidentified gunmen” in 1988-1989, there emerged members of the unidentified helmet brigade” who carried out island wide arson and destruction, whose affiliation to a political party was not revealed, but the connections were evident.  

In the night of May 09, the protesters tried to breach into Temple Trees; Molotov cocktails were hurled; who is capable of making such devices? Only those who blasted claymore mines in the South during the height of insurgency. Their aim was to lynch MR. Protesters gathered in front of Trincomalee naval base, demanding MR to come out when MR found temporary refuge there. It was unthinkable that this had happened in an area liberated from the clutches of LTTE by the same person who by now had become the hunted.     

One-time JVP MP Handunnetti, soon after May 09 addressing a meeting at Matale said that, violence must be encountered with violence; thus, he justified the arson and destruction that took place on May 09. This was no more than vulgarisation of a dictum of revolutionaries; but he should be reminded that revolution is not arson and plunder. British colonialists unleashing a massive wave of violence, burnt houses, paddy fields and barns, destroyed irrigation works and homesteads, slaughtered cattle of the people of Uva, Wellassa and Dumbara in 1818.  Does Handunnetti say that this was correct, how the colonialists reacted to peoples’ uprising with violence?  

While revisiting May 09 attacks, arson and killings, we reluctantly ask whether this was a miscalculation as happened on 04 April, 1971, attacking Wellawaya police station one day prior to the fixed date? 

JVP had advised their front organisation, Ethera Api” (We Are Overseas”) not to send remittances to Sri Lanka, strangling the economy further. JVP publicist Sunil Handunnetti had twittered commenting on the grow more food campaign”, Wavanna Pera Peralanna” (Oust them before you grow”). The Aeroflot incident was only a part of this grand conspiracy aimed at suspension of Russian tourists and tea exports to Russia. The attorney-at-law who was in the midst of this highhanded act went scot free. BASL washed its hands under the pretext that they did not get a complain about this misdemeanor. Did it get an invitation to form human chains” to protect protesters, chant slogans in front of courthouses and applaud when arsonists/vandals/criminals in the guise of protesters were bailed out?

We warned that the third upheaval will be different from the first two. It can be a forcible occupation of TV stations and Parliament, abrogating the existing constitution and declaring a new government. Events of 1988-1989 Bheeshanaya” (Reign of Terror) would have unfolded in an unprecedented scale. We also asked not to be fooled if this happens; that it will bring socialism to Sri Lanka. It will be a Sri Lankan version of Talibanism. Nothing else.

6. Wrong Singles from Time to Time

It is well-known that the JVP leadership true to its formula says something today and another some other day. When Sajith Premadasa called for a Parliamentary election sometime back it asked him to get his head examined. Later Lal Kantha said that their cadres were ready to engage in election duties voluntarily if an election will be held. This showed that they did not have even a rudimentary knowledge of conducting a General Election, that an election cannot be conducted easily as distributing handbills to railway commuters. His proposal reminded us how a train load of UNP thugs transported from NWP, conducted” the Jaffna District Development Council Elections under JRJ and burning of Jaffna library thereafter.

Another day the JVP said that they could resolve the present crisis provided that they will be given power; but they did not accept what was offered to them by GR. A few weeks later it said that it was willing to join an all-party government set up for a specific period of time under certain conditions. These pronouncements  compelled Editorialists of English dailies to comment in mid-June, Reality Mellows Reds”. But true to its nature JVP along with SJB decided to boycott Parliamentary sessions, reminding us JVP’s cohabitation with the Yahapalana government.

Galle Face Protesters applauded the SJB-JVP move. This was the time that Nirpakshika Aragalakaruwo” (Non-partisan protesters) metamorphosised into Sarvapakshika Aragalakaruwo” (All-party protesters).  They cried in unison that the second wave was coming soon”.This should not be confused with the Two-stage Revolution, New Democratic Revolution and Socialist Revolution. Its only parallel was LTTE’s unceasing waves.”

Ironically JVP having only three parliamentary seats contested for the Presidency after the resignation of GR. Now they castigate that the incumbent President elected by the Parliament has no mandate from the people; if that election was illegal and has no mandate from the people why did they field their candidate in the first place instead of rejecting the whole process, lock, stock and barrel? It was comical to see that the man who proposed AKD’s name, acting as his Counting Agent” too.

We still remember how the JVP managed the affairs of the four key Ministries assigned to them by CBK. These key Ministries , Agriculture (Anura Kumara Dissanayake), Fisheries (Piyasiri Wijenayake),  Rural Industries (Lal Kantha) and Culture and National Heritages (Vijitha Herath) taken together were like the heart and soul of the peasantry, fishermen, rural artificers and craftsmen and cultural activists respectively, good enough to capture power waging an ideological campaign as the above stakeholders consisted of more than 90% of the total population of Sri Lanka. In a time of plain sailing in tranquil waters, undisturbed by any natural calamity, all four ministers failed miserably without keeping any lasting footprint. Enough for their future governance.

7. What the Protesters Wanted?

At the time the JVP leadership said that they were willing to join an all-party government, Kerner, a leading member of Galle Face Protesters called for an uprising” and threatened those who were not in favour with them to face the Janatha Adhikaranaya” (in other words their kangaroo courts). He threatened certain media institutions also that if they do not fall in line the same treatment will be accorded to them. Colombo-based Youtubers said that the Gona” ( the elk: denoting GR) had been caught in the snare and the time had come to skin it! Colombo academics, bourgeois intellectuals and retirees still valorise illusory peaceful” protesters not knowing these ground realities. They do a bigger damage than the vandals.

JVP leader addressing a rally at Matara had said that the people must take to the streets, that they will announce a day and call upon people to suspend all their work and come to the streets to join the final push” or the second wave” to send rulers out of power: saying so the JVP also like the other peaceful” protesters indirectly accepted responsibility for May 09 incidents. 

Trade Union action by anti-government trade unions, releasing of water stored for the generation of electricity from the Randenigala and Rantembe hydro power reservoirs by some CEB personnel on June 08 ( closing of Mavil  Aru anicut by LTTE, depriving  irrigation water only for a few hundred of peasants, was the immediate cause for the beginning of the final thrust against the LTTE), sporadic unrest and disturbances at petrol filling stations, clashes with the law enforcement officers, blocking roads,  and a few arson incidents heralded this final push”. Nearly 200 such incidents were reported island-wide.

Some SJB grandees also warned of a looming insurrection.

8. Who is Kerner? 

Do the Colombo glitterati know that Pathum Kerner, another peaceful” protester warned the people to get ready for the 2.0 stage of their struggle?  Simply 2.0 means a superior or more advanced version of an original concept, product or a service; a new and improved version, something new, something different and totally revamped from the old 1.0 (in this situation more advanced” than May 09). It is simple math that 2.0 is twice of 1.0. This is applicable to politics also. With this call these innocent”, peaceful”, non-partisan” protesters took responsibility for the May 09 arson and looting and asked the people to prepare for a totally revamped version of May 09, for the Second Tsunami” in their words.

Kerner who was nurtured, breastfed and trained in UK, has his roots embedded to colonial plantation   clique. He led a group of Protesters to Derana, and forced them to transmit a live programme of the Protesters on July 09. It was a pathetic sight because it was a Derana anchor, who idolised this man inviting him for a talk show. Thus, this anchor and Derana were humiliated by this ungrateful person who was running after personal glory and publicity.

As we have predicted, a group of protesters led by a Muslim, raided the Sri Lanka Rupavahini Corporation (SLRC) and forced them to suspend all Poya Day programmes. Similarly, government owned Independent Television Network (ITN) had to suspended its transmissions.

Later Kerner was charged and arrested by police for snatching a firearm from a security personnel.

Kerner claimed that he was the inventor of the hashtag of the protesters, said in an interview that he had planned this campaign in August last year and the hashtag was designed in 2021 December. He said that what they were doing was creative destruction” using technology. He admitted that the protest was not accidental or a chance reaction, but a planned one.

He was the founder and leader of Kalu Hamudawa ‘(or Black Army) since December 2019. We do not know what sort of an army he commanded and the types of attacks his army conducted. He had contested the 2019 General Elections from Gampaha District.

A respected senior lawyer told the writer that he had met a would-be conspirator, one and a half years ago and that he had told him that they would topple GR’s government soon.

THIS AMPLY DEMONSTRATES THAT GALLE FACE PROTEST WAS NOT A SPONTANEOUS REACTION TO GAS AND FUEL SHORTAGES AND OTHER ECONOMIC HARDSHIPS PEOPLE HAD TO UNDERGO. SHORTAGES AND ECONOMIC HARDSHIPS HAD CAUSED SOME ORDINARY UNSUSPECTING PEOPLE TO JOIN THE PROTESTERS.

Against this backdrop how do we assess Vajira Abeywardene’s forecast made several months before the commencement of the protest, that RW, who was rejected even by Columbian elites at the 2020 General Elections, who later entered the Parliament through the national list as UNP’s sole representative, becoming the President?  UNP loyalists who took roots at the Galle Face site such as Asu Marasinghe (as Presidential Advisor), Sudharsana Gunawardena (as Chairman, ITN) and Sunil Ratnapriya (as Trade Union Director) were among the first few beneficiaries who were elevated to high positions under the new dispensation.

Why did Kerner, who accompanied his spouse proceeding to England on a government scholarship to do post-graduate medical studies, return to Sri Lanka immediately after Mirihana and Rambukkana incidents?  According to him his plan was to wage the struggle in May 2022; but against his wishes it erupted on 31 March. 

Before July 09, a group of protesters headed by Kerner threatened to hang those who would not resign and he did it symbolically at Jaela hanging an effigy of GR in a lamppost.

9. Protest and the Security Forces

This part needs to be dealt as a separate article.

All protesters had assumed that the security forces would play a passive role as on May 09 allowing them a free rein. Police and armed forces were mere onlookers when arson took place on May 09, when marauders searching vehicles on the approach roads to Katunayake International Airport. At Mirihana when an army bus was torched security forces did not take any action. At Rambukkana the police were forced to fire to protect an oil bowser from blowing up and killing hundreds of people. A senior police officer and a few constables were arrested forcing the police not to use lethal force thereafter.  Western Embassies and High Commissions, INGOs, NGOs, BASL and the Black Coats” were carefully watching every moment. The protesters threatened that they knew where the IGP and other senior police officers live. Major instruments of State Power including the judiciary were threatened. 

During this period Imran Khan repeated that the US had orchestrated his ouster.  

What was the reason for the Ministry of Defense unable to take measures to safeguard Presidential Secretariat, Presidential House, Temple Trees and Prime Minister’s Office being overrun and thwart the protesters occupying these public institutions? July 09- Ratama Colmbata” (All roads lead to Colombo) call was disseminated and shared several days prior to July 09.On July 09 morning TV channels telecast trainloads of protesters coming to Colombo commandeering trains from Kandy and Matara. It was revealed later that for the entire trainload of protesters who came from Kandy a former UNP MP had paid the train fare.

My article titled, Operation 2.0: Repetition of History” sent on 06 July 2022 (never published) foresaw what was going to happen on July 09.

I wrote that the unified protest planned for July 09, was the final push” and JVP and IUSF could bring their cadres and undergraduates respectively from all corners of the country to Colombo. The newest campaign of Galle Face Protesters Aragalaya Diyawannawata” was named Anthima Satana” or the final battle.  Placards appeared as Tsunamiya Itha Bayanakai” (Tsunami is more dangerous), Second wave will come soon”. The protesters warned that the rulers have only a few hours. Last 24 hours”. A video was shared proclaiming that the heartbeat of Nandasena would stop”.  

When the JVP/FSP/Protesters called people to Colombo they may have had a plan what to do on July 09, to storm the Presidential Secretariat, Presidential House and the Parliament and occupy these institutions. Convener of the IUSF had said that there is no struggle without its involvement.

10. Wrong Signals Again

We thought that Wimal Weerawans’s call to form an all-party government inclusive of JVP and SJB, reported on June 29 was to thwart the impending events. But his judgement that the JVP no longer demanded GR’s resignation , became erroneous within a few days. JVP women’s wing called the people to leave the queues and join to overthrow the government, saying that anyone who props up Gota-Ranil Government was an enemy of the people. A provincial leader of JVP had asserted that the ninth day of previous two months gave marching orders to two Rajapaksasas (MR and Basil) and inevitable would happen on July 09, i.e. ouster of GR. Anura Kumara asked the people to take to the streets to chase away the government.

JVP leader had met with TNA leaders and addressed a meeting at Jaffna attended also by leaders of former armed groups. Why? To garner support? US Ambassador Julie Chung met with AKD just two days before the July 09 rampage and she spoke glowingly” of JVP. The good Ambassador paying AKD a glowing tribute said that he (AKD) resonates well with the public”. JVP Youtubers hailed AKD meeting US Ambassador Julie Chung: World’s superpower talks to AKD and blesses him”.

SAMANTHA POWER, THE USAID CHIEF WHO WAS ON A SHORT VISIT TO SRI LANKA, ALONG WITH JULIE CHUNG MET WITH A DELEGATION” CONSISTING OF JVP’S NATIONAL LIST MP, HARINI AMARASURIYA. SAJITH PREMADASA (SJB), DAYASIRI JAYASEKERA(SLFP(M) – (not in his usual political” attire), RISHARD BATHIUDDIN (SLNC), ABRAHAM SUMANTHIRAN (TNA), RAUF HAKEEM(SLMC) AND MANO GANESHAN (TPF) WERE THE OTHERS WHO WERE IN THE DELEGATION, POSING FOR AN HISTORIC PHOTOGRAPH WITH POWER AND CHUNG. POWER AND CHUNG HAD GIVEN INDICATIONS OF A FUTURE ALL-PARTY GOVERNMENT WHICH RANIL FAILED TO FORM. WE CAN BE REST ASSURED THAT A GRAND ALLIANCE IS IN FORMATION TO RESCUE” OUR NATION AT THE BEHEST OF US!  TWO NOTABLE ABSENTEES WERE REPRESENTATIVES OF ALAHAPPERUMA’ S NIDAHASA” (BORN AGAIN?) GROUP AND CBK’S NAVA SRI LANKA PARTY.

Julie Chung re-twittered on 12 September,” Leaders and representatives of opposition parties in Sri Lanka shared their views on how the Government must enact long overdue reforms to protect human rights and govern with transparency and accountability. Grateful for their perspectives”.

Their meeting coincided with the 51 st sessions of UNHRC, no wonder.

Anura Kumara had said that the JVP had organised a series of public protests throughout the country and urged the people to join the protesters to throw out the government. JVP rallies were held at Anuradhapura, Kurunegala, Matara, Kalutara and a few other places prior to July 09. All were set for the D-Day.

Lal Kantha called to bring Parliament under their control. He said that victory over the Rajapaksa dictatorship” would not be completed without seizing the Parliament.

Convener of IUSF convening a press conference said that they will continue to occupy Presidential Secretariat, Presidential House and Prime Minister’s Office until the entire government resigns and announced that they would take over of the Parliament.

11. How Did Their Final Battle”, The Occupation of Parliament Fail?

One reason was that in the final battle” JVP was isolated, although they had forged an alliance with the FSP. FSP controlled IUSF and the majority of Galle Face Protesters did not support the JVP’s move. The latter did not support them not because they had become saints as painted by Colombians. They were happy with the occupation of Presidential House and Presidential Secretariat and enjoying pleasures in a Presidential House.  Only some individuals like Kerner who became a deviant” and chased out by the Galle Face fraternity was at Polduwa Junction.

JVP firebrands including Lal Kantha (the demagogue), Handunnetti and Ratnayake(the two smiling” fomenters) and Samarasinghe, (the JVP labour aristocrat”) were seen inciting occupiers and giving voice-cuts, but at the crucial moment when military crackdown began, they slipped away.

This is the JVP’s modus operandi from the days Wijeweera commenced his political activities from mid-1965. 

As an eye witness I recall,  Wijeweera addressing a mass gathering at Hyde Park esplanade on the eve of 1971 insurrection declaring that, let Gajabahu (the only naval vessel of the Royal Ceylon Navy) be our Aurora and Achillan  Square (then Army Headquarters) be our Petrograd garrison (Warship Aurora’s thunder ushered a new era, the era of the Great October Revolution).  But Wijeweera, the founding father of JVP at the Criminal Justice Commission (CJC) said that the JVP was not responsible for the attacks that took place in April 1971; according to him the insurrection was executed by a killer gang led by Loku Athula (Nimalasiri Jayasinghe, a key suspect in the Maha Naduwa).

During the latter part of 1988-1989 Wijeweera led a comfortable life in a tea estate at Ulapane. Hundreds of students, men and women village folk who were mobilised to demonstrate in front of security personnel perished. People of Mahawatta-Kundasale still remember the massacres that took place afterwards. Billas or Goni Billas” survived, (cowards or betrayers) to escape arrest, torture and death, either to live as rehabilitated” insurgents or to come back to the political arena later. Some actually did.

During the Mau Mau Movement in Kenya, similar spies dressed in huge hoods with eye-holes, who became known as Little Sacks” or Gahunia” were used by the British Special Branch to identify Mau Mau activists and those who took the Mau Mau Oath.

Protesters tried to storm the Parliamentary complex as well as the Speaker’s official residence. Attacking Speaker’s official   residence was the first step in their outburst. They destroyed police barricades using heavy machinery. Dozens of army personnel sustained injuries. Clubs, iron rods, stones and helmets were used to attack armed forces. Protesters snatched army helmets, two T-56 weapons and a few rounds of ammunition.

Kerner’s call for besieging the Parliament was not supported by the other protesters. This is how informal groups behave; as the number of informal groups increases more problems erupt and there is more tendency towards disintegration; there was no cohesion as we have explained earlier writing about Group Formation of the Protesters.

JVP attempt to storm the Parliament was thwarted by the armed forces; the same police and armed forces which did not take any action when protesters were storming the Presidential Secretariat, Presidential House, Prime Minister’s Office and later vandalysing RW’s private residence. Earlier we saw policemen seated on fine colonial age vintage chairs, armchairs and sofas at the occupied buildings, taking selfies and playing piano music as a segment of the vandalysing mob!

If the JVP and other protesters did not withdraw from Diyawannawa, it would have been a repetition of 1988-1989.

12. Conclusion

In 2022, the JVP had a unique opportunity to further their political ambitions, which they did not have either in 1971 or 1988. Since the peoples’ sufferings increased due to economic meltdown, a fertile field was ready to sow seeds of struggle, concrete conditions were ripe enough to wage a protracted struggle which they failed to capitalise.

Reasons were many:

i. Although the JVP and FSP were able to dominate, they failed to do any political work among the other protesters and harness their support for their course of action even after four months of shared living” with the rest of the protesters; it was not an easy task to deal with tech-savvy millennials for the IUSF herdsmen, as they did with university freshers, ragging, intimidating, coercing and  taking them into their flock; JVP or FSP was ill-equipped to transact with such a vast crowd;

ii. They did not have a definite strategy about the next phase of the protest;

iii. Power, if by any chance had fallen into their hands, they did not have any plan to hold that power and encounter the economic meltdown, winning the support of the local populace and harnessing international support; this was demonstrated by the JVP when there was an opportunity for them to form a government, after the resignation of MR;

iv. They failed to mobilise the people, actual people who were suffering due to economic hardships; there was no peoples’ participation in their protests; all their protests and rallies were attended by their cadres or sympathisers;

v. Economic hardships were not something unfamiliar to people; real economic problems of the people were not those highlighted by the protesters; people knew that the protest will not give solutions to their perpetual and endless problems; people were unaware that the protesters were protesting for them; every economic struggle should be combined with a political and a cultural struggle; we saw that Galle Face perpetuated a low” culture;

vi. Very soon the people understood that the actual nature of the protest; that it was a joyful event; a money spinner for some;

vii. They understood that it paved the way for Ranil and his UNP to re-emerge; many UNPers were given key positions and appointed as advisors; it is very interesting to draw attention to a banner displayed covering the entire front portion of Sirikotha”, the UNP headquarters soon after Ranil was appointed as the Prime Minister; it borrowed two lines from a poem from the ancient  poetry book ”Subhashithaya”: Kalala gilunu matha varanidu goda ganutha – Thumula balethi gijindeku misa un kewatha”  ( only a King Elephant with extraordinary power can rescue a King Elephant drowned in a swamp). 

Although Subhashithaya” does not tell us what happened to the two King Elephants afterwards, we may add that the rescuer had cut the two majestic tusks of the drowned King Elephant!     

viii. FINALLY, THE PROTEST AND THE OPERATION 2.0” ENDED, SUBDUING THE MASS OPPOSITION TO THE GOVERNMENT! 

Sugath Kulatunga

She was a pawn of Ban Ki Moon who was the main conspirator against Sri Lanka. Moon misinterpreted a routine statement made jointly with the President of SL and went along to appoint an illegal Panel which made a report based on hearsay and unchallenged evidence which are hidden for 20 years.

Darusman report is an illegal report based on uncontested evidence.  At the time of the appointment of the expert panel Moon said that their report was for his information but presented it to the UNHRC.

Ban Ki Moon had no authority to appoint a Panel of investigation against a member country of the UN. Article 1 of the United Nations Charter states that nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state.

The UN General Assembly resolution 60/251 establishing the Human Rights Council has laid down unequivocal principles of ‚cooperation‚ with member countries. They are non interventionist and have the objective of strengthening the capacity of member countries to comply with their human rights. They are not intended to hold member nations accountable. Following are a few relevant extracts.

Recognizing also the importance of ensuring universality, objectivity, and non-selectivity in the consideration of human rights issues, and the elimination of double standards and politicization,

Recognizing further that the promotion and protection of human rights should be based on the principles of cooperation and genuine dialogue and aimed at strengthening the capacity of Member States to comply with their human rights obligations for the benefit of all human beings”.

The Secretay General Ban Ki Moon had no authority to appoint the Darusman/Sooka report which is repeatedly quoted by the UNHRC. It is an illegal document on which all High Commissioners depended for support.

According to Article 97 of the UN Charter,‚ the Secretary-General shall be appointed by the General Assembly upon the recommendation of the Security Council. As stipulated in Article 98 the SG’s primary function is that of the Chief Administrative Officer of the Secretariat and any other function has to be entrusted to him by the organs mentioned in the Article. The appointment of the Darusman panel the SG had not been approved by any organ of the UN. According to Article 99 ‚The Secretary-General may bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security‚ The terms of reference of the Darusman panel had no relevance to international peace or security.

All allegations against SL are based on Darusman/ Sooka fiction which is the mother of all unverified allegations and on various Special reports of Rapporteurs. Special Reports are made by so called voluntary experts, who spend only a couple of weeks in a country and base their findings mainly on information fed to them by biased NGOs and journalists.

The main plank of accusations by Ms. Bachelet‚ was that there was militarization of Civilian Government and reduction of space for civil society and and independent media. Recently she has been alleging war crimes by our military. Other charges are primarily on noncompliance of previous requests by HRC and assurances by GOSL.

The stress placed by Bachelet has to be viewed from her own background and experience. Her father Air Force Gen. Alberto Bachelet died after torture in the public prison of Santiago six months after the military coup. https://www.hrw.org/legacy/backgrounder/americas/chile/chile0903-6.htm

After the loss of her father in 1974, she and her mother also suffered torture when they were detained as political prisoners.

Michelle Bachelet was detained in 1975, tortured together with her mother at the infamous Villa Grimaldi political prison, and then exiled for four years.

she had taken courses at the Inter-American Defense College in the United States, and later received a master‚s degree from the Chilean Army War College.

https://clas.berkeley.edu/research/human-rights-michelle-bachelet-%E2%80%93-inspiration

It is obvious that she suspected that Sri Lanka was moving towards a military dictatorship which makes her traumatic experience under the military regimes in Chile influences her thinking, which is natural and justifiable. She should have realized that Sri Lanka is the first country in Asia to adopt a Parliamentary system of government which the country has steadfastly retained under many stresses and strains.

She had been elected twice as President of Chile and had made progressive changes in governance in Chile. From an ideological standpoint, Bachelet had consistently supported the fiscally conservative policies of Andres Velasco, a US trained economist and once a Professor at the Harvard University, thereby signaling her commitment to the market model..

Even in her imputations in her last report against SL are matters within the domestic jurisdiction of a sovereign state and under the UN Charter cannot be intervened by the UN and moreover by a subordinate agency of the UN. Making wild allegations against the SL military which fought an internationally condemned terrorist organization is unacceptable and brings down the dignity of the UNHRC. When a charge is made the charge must tell the time, date and place that the war crime allegedly took place, the alleged involvement of the accused, and the details of the crime itself. Her recent report only indicated credibly alleged to have been responsible for gross violations”. Only positive aspects of the report is the action urged on economic crimes and easter bombings. For her the storming of the Presidents house and the Presidential Secretariat are peaceful demonstrations of university students. She should read what is happening now in USA on the storming of the Capitol. In that case the trioters were in the Capitol only for a few hours, but in SL they occupied both the house and the secretariat for days.

The only time she had the courage to speak the truth about China US has pounced on her and she was compelled to resign. Bachelet is not in the same league as Sooks who is a mercenary but was pathologically anti-military.