උපුටා ගැන්ම  හිරු පුවත්

එක්සත් ජාතික පක්ෂය ප්‍රමුඛ සන්ධානය සම්බන්ධයෙන් මතුව ඇති අර්බුදය පිළිබඳව  අදත් පක්ෂ විපක්ෂ දේශපාලනඥයින් මෙලෙස අදහස් පළ කළා.

උපුටා ගැන්ම  හිරු පුවත්

පාර්ලිමේන්තුව විසුරුවා හැරීමට අදාළ ගැසට් පත්‍රය නිකුත් කර තිබෙනවා.

එම ගැසට් නිවේදනයට අනුව අද මධ්‍යම රාත්‍රී සිට පාර්ලිමේන්තුව විසුරුවා හැරෙනු ඇති.

පාර්ලිමේන්තු මැතිවරණයේ ඡන්ද විමසීම සඳහා දින නියම කර ඇත්තේ අප්‍රේල් 25 වනදාට බව රජයේ ආරංචි මාර්ග තහවුරු කළා.

2015 අගෝස්තු මස 17 වැනිදා මහ මැතිවරණය පැවැත්වීමෙන් අනතුරුව පිහිටවූ 8 වන පාර්ලිමේන්තුව පළමු වරට රැස්වුණේ  එම වසරේ සැප්තැම්බර් පළමුවැනිදායි.

ඒ අනුව වර්තමාන පාර්ලිමේන්තුවේ වසර හතරක් සහ මාස 6  කාලය ඊයේ මධ්‍යම රාත්‍රියේදී සම්පූර්ණ වුණා.

ආණ්ඩුක්‍රම ව්‍යවස්ථාවේ 70 (1) ව්‍යවස්ථාව අනුව නිල කාලය වසර හතරහාමාර ඉක්මවීමෙන් පසු පාර්ලිමේන්තුව විසුරුවා හැරීමට විධායක ජනාධිපතිවරයාට ඇති බලතල ප්‍රකාරව ගෝඨාභය රාජපක්ෂ මහතා විසින් පාර්ලිමේන්තුව විසුරුවා හැරීමේ අති විශේෂ ගැසට් නිවේදනය නිකුත් කර තිබෙනවා.

9 වන පාර්ලිමේන්තුව සඳහා මන්ත්‍රීවරු තෝරා පත් කර ගැනීමේ ඡන්ද විමසීම පැවැත්වීමට දින නියම කර ඇත්තේ අප්‍රේල් මස 25 වනදාට බව දේශපාලන ආරංචි මාර්ග පවසනවා.

ඒ අනුව මාර්තු 12 වනදා සිට 19 වනදා දක්වා කාලය තුළ නාමයෝජනා භාරගැනීම සිදු වනු ඇති.

9 වන පාර්ලිමේන්තුවේ පළමු රැස්වීම මැයි මස 14 වනදා පැවැත්වෙනු ඇති බව රජයේ ආරංචි මාර්ග සඳහන් කළා

BY MALINDA SENEVIRATNE

A year ago, UN Human Rights Commissioner Michelle Bachelet made the following observation in her report on Sri Lanka (tabled on March 8, 2019):

‘On 29 May 2018, human skeletal remains were discovered at a construction site in Mannar (Northern Province). Excavations, concluded with the support of the Office on Missing Persons, revealed a mass grave from which more than 300 skeletons were recovered. It was the second mass grave found in Mannar following the discovery of a site in 2014. Given that other mass graves might be expected to be found in the future, systematic access to grave sites by the Office as an observer is crucial for it to fully discharge its mandate, particularly with regard to the investigation and identification of remains.’

Pointing out that the said mass grave has been dated back to 1499-1719 CE, as per tests done by Beta Analytic Institute, Florida, USA, I made the following observation:

‘Bechelet may have not known (which indicates sloth) or knew very well (which indicates she’s toxic) when she tabled that report. Those who were ecstatic when these graves were discovered and may have uttered equivalents of ‘Pay dirt, baby!’ are playing ostrich right now.’

There’s been no apologies or explanations. Not then, not since. Not about the mass grave nor about the blatant lies and tendentious claims she dished out in her report, clearly refuted by then Minister of Foreign Affairs, Tilak Marapana.

A year later, Bachelet revisits. No mention of mass graves. Instead she offers a whine. Read on:

A contributing factor to a lack of delays in implementing human rights reform appears to be a lack of common vision among the country’s highest leadership, deadlock on important issues is an addition and an avoidable problem with damaging impact on victims currently from all ethnic and religious groups and society as a whole.

Wordy, much.

What does she mean by ‘common vision’? Before we answer that, there are a couple of things we need to deal with. First, ‘leadership’. Contrary to her claim, there doesn’t seem to be disunity. The Yahapalana regime was brought with division. There was a maverick Minister of Foreign Affairs (before Marapana) who was like a law unto himself, bullishly co-sponsoring an anti-Sri Lanka resolution (30/1) on behalf of a Government led by two individuals in a coalition of two parties that had been going hammer and tongs for more than half a century and was too busy with petty political fights to figure out what he was up to. Indeed THAT Government, at THAT time, had all but lost its mandate, having been routed in the local government elections a year before. In stark contrast, the current regime does not seem to be suffering from any vision impairment on account of disunity with regard to these issues. ‘One Voice’ is what we have now. We can tell her something like this: There’s no deadlock miss; ask the UNP’s Presidential candidate Sajith Premadasa what his views are on Resolution 30/1.’

The disunity we see comes from differences among different political parties/coalitions. That’s natural. That’s why there’s ‘government’ and there’s ‘opposition’. It’s about having power and wanting power. However, today, the main Opposition United National Party (UNP) doesn’t seem to have any issues with the position that the ruling party, the SLPP (Sri Lanka Podujana Peramuna) has taken vis-a-vis Resolution 30/1.

So when Bachelet talks of ‘common vision’ we need to unpack ‘vision’. Whose vision? Is she dismayed because a nation appears to be unwilling to inhabit her version of its reality? Probably. But what’s her vision and what is it based on?

In her elaboration on Sri Lanka, Bachelet says, ‘the recent appointment to a senior position in the SL army of Major General Shavindra Silva implicated in alleged serious violations of national humanitarian rights law is a worrying development.’ Key word: ‘alleged’. Then she laments ‘lack of progress’ in ‘setting up special judicial mechanism to deal with the worst crimes committed in the 2009 conflict.’ That’s not allegation, it’s conclusion and condemnation. A quick shift, that.

She’s also mentioned ‘an important next step’: ‘legislation and the establishment of an independent truth and reconciliation commission.’ Aha! So we need to legislate. This seems to be an acknowledgment of the frivolous and pernicious nature of Resolution 30/1 where Sri Lanka (well, Mangala Samaraweera, actually) pledges to violate her own Constitution! Naturally, new laws would have to be made. Now that promise was made without any mandate for constitution-violation. Today, Bachelet says ‘legislate!’

There has been minimal progress on accountability, she says. True. Of the UNHRC, sections of the UNP, the Tamil National Alliance and various I/NGOs with absolutely no standing in civil society but whose word has been taken as biblical truth by UN agencies, the USA and the UK. They lied. The lies were picked up and agreed upon by the charlatans commissioned by former UN Secretary General, Ban-ki Moon to advise him on Sri Lanka. Lies were agreed upon. Based on these very same lines, ‘vision’ was produced. Now that the whole edifice is askew on account of a weak foundation, people like Bachelet wail, ‘there’s no unity among leaders in Sri Lanka!’ They use ‘allegation’ and treat it as ‘guilt’. They talk of ‘damaging impact on victims,’ interestingly ‘from ALL ethnic and religious groups and society as a whole.’

Wow!

Has Bachelet done a survey of some sort? And who are these ‘victims’? Yes, all ethnic and religious groups suffered. ‘Society as a whole’ suffered too. Happens when a rabid terrorist outfit holds country and community hostage for decades. The victims are those who suffered have been all but discounted by the UNHRC and people like Bachelet. Resolution 30/1 kicks them in the teeth, so to speak simply because it infringes upon their sovereignty, makes light of their suffering and attempts to force them to submit to someone else’s version of what they’ve suffered.

So when Bachelet talks of ‘deadlock,’ it is essentially disagreement between the people of Sri Lanka and the UNHRC’s (or should I say ‘Uncle Sam’s’) notions of Sri Lanka’s past, present and future.

Since she talks of ‘all ethnic and religious groups and society as a whole,’ she needs to understand that Resolution 30/1 panders to the pernicious designs of a small minority of a single ethnic group that has been whipping communalism for decades. That’s what legislation a la Bachelet would do.

When I said Michelle Bachelet needs a tutor it was tongue-in-cheek. She knows stuff. She knows stuff and knows her job. Upholding human rights is her official job, but the United Nations being a creature of North America and Europe, that job is framed, more or less, by the interests of the relevant nations. Sure, the USA has called it a ‘cess pool of bias’. That’s correct. Bias in favour of the global political formations mentioned above. Sure, the USA quit the UNHRC, but no one’s fooling anyone. The US can operate (read, ‘arm-twist’) directly or through proxies. And Bachelet seems to be playing her part in that game.

This must end. Soon. Sri Lanka has been hauled over the coals by countries that have the worst human rights records and their apologists. Sri Lanka should not be held to ransom on account of the stupidity of an inept government utterly servile to the designs of the USA. Sri Lanka and Sri Lankans should not be held to ransom just because a maverick Minister suffers from a postcolonial condition that makes victim hate him/herself and believes fervently in the ‘curative power’ of vilifying and destroying his/her community.

Enough. We need closure on this. Bachelet, we must not forget, is someone who refused an audience to the victims of the US-sponsored coup that ousted the democratically elected government of Salvadore Allende during two separate terms as President of Chile. She can’t pretend to shed victim-tears for tears she did not have to shed for victims in her own country.

We need closure on spin. No tutors required for that.

malindasenevi@gmail.com. www.malindawords.blogspot.com

H. L. D. MAHINDAPALA

With incontrovertible evidence gleaned from unimpeachable international sources Daya Gamage, by far the most knowledgeable analyst of America’s role in Sri Lanka – he once worked in the American Embassy acquiring detailed insights into the operations of the mission – has revealed that the decision to place a travel ban on Lt. Gen. Shavendra Silva originated from the Embassy in Colombo though the American Ambassador Alaina B. Teplitz, playing the role of Pontius Pilate, pretended at the meeting with the Foreign Minister, Dinesh Gunawardena, that the decision came down from Washington. Simultaneously he revealed, quoting internal documents of the State Department, that the American Embassy in Colombo is run by Americans who are guided by their introverted biases that reject the ground realities. It is the innate inability of the American diplomats to grasp the internal dynamics of the countries to which they are posted that turns them into misguided missiles. American diplomats who arrogantly assume that they know the right prescription to cure the ills of the world have failed, time and again, leaving the world in a twisted mess that was not there when they began their provocative and counter-productive interventions. Example: Iran.

Of course, there are times when they are pushed to defend the miscalculated politics of their leaders like planting the American embassy in Jerusalem. But more often they rush blindly, on their own initiatives, into places where angels fear to tread. They have a penchant for creating problems where none existed. The latest is the travel restrictions placed on Lt. Gen. Shavendra Silva. This decision does not reflect her impressive academic and professional credentials. It looks more like an act of an irrational and vindictive Kali Amma – the Hindu goddess of death and doomsday. It is a provocative act that will not serve Lanka-American relations, peace or human rights. Her theoretical knowledge acquired from academia and her hands-on experience derived from serving in war-torn zones in Asia (she also served in Kabul) should have informed her to be more cautious.

The massive backlash against her counter-productive decision should teach her in the future to make mature and balanced decisions taking into consideration not only the American practices of ending its horrendous wars but also the inevitable exigencies of the battlefield. If, for instance, in her moral conscience she had remembered the images of the Nobel Peace prize winning President Barak Obama watching with anxious intensity his Navy Seals raiding the den of Osama Bin Laden and massacring the millionaire terrorist, his wife and his son she would never have had the arrogance to pass her provocative judgment on Gen. Silva. If she had bothered to remember how the Americans hunted the driver of Osama Bin Laden and tortured him at Guantanamo Bay while giving permanent residency to Prabhakaran’s lawyer, Rudrakumaran, who was a partner in the crimes of the Tamil terrorist leader, she would have had second thoughts about rushing to impose a travel ban.

Would Teplitz ever issue a visa to Osama bin Laden’s lawyer from Kabul? So on what moral basis does America permit Rudrakumaran to live in America and, in the same breath, refuse to give even a visa to Gen. Silva? But then the chicken memories of insensitive and half-baked American diplomats are geared to serve only their perverse objectives of creating unnecessary trouble where none exists. Diplomats are supposed to pour oil over troubled waters not to set fire.

Above all, any judgment on the conduct of the war must take into consideration the objectives achieved by ending the war. Since human rights have become the prime concern of the political moralists it is only fair to assess the conduct of Gen. Silva’s offensive in terms of how it related to human rights. The first question that has to be asked is: Did his offensive which ended the war put an end to the violations of human rights perpetuated by the war? If so on what side should morality fall? In this instance the ends justify the means because there isn’t a higher objective in a battlefield than saving human lives and human rights. By ending the war swiftly without letting it drag on Gen. Silva did serve human rights. His successful strategy to end the war also ended the perpetuation of the violations of human rights that had plagued the nation for 33 years (between 1976 when the Tamil leadership declared war in Vadukoddai and 2009).

Teplitz’s judgment to selectively target Gen. Silva indicates that she has brushed aside the higher moral value of saving and serving human rights by ending a needless war that would have only perpetuated the violations of human rights. She has gone overboard to impose her arbitrary judgment which will neither serve human rights nor set an example to other generals engaged in battles to end fascism and terrorism. There are limits to compliance with human rights in the battlefield. It should not tie the hands of those fighting to save human rights from the enemies of human rights.

However desirable and moral it may be to observe the decent rules of engagement in the battlefield the generals will be pushed at times, particularly when facing fascist terrorists, to the ends of their wits to be within the prescribed norms. If they happen to violate the norms within tolerable limits then they should not be condemned if they had achieved the higher goal of ending the violations of human rights by ending the war.

Her knowledge of the history of wars should have also informed her that the best means of ending violations of human rights in conflict zones is by ending wars. Appeasing an intransigent and ruthless enemy, or postponing the inevitable end of eliminating the blood-thirsty enemy is not an acceptable moral or viable answer. Those hoping to save victims of violence cannot depend on moral theories to eradicate violators of human rights. It has never worked. For instance, she should know, with all her academic background, that World War II was not ended by observing the highest principles of human rights but by bombing the hell out of Hiroshima, Nagasaki and Dresden in Germany. The ultimate command responsibility was with Truman and Churchill. Which one of them was tried in Nuremberg for war crimes?

The Sri Lankan generals fighting the world’s deadliest terrorist” were faced with a greater moral dilemma: How do you end the war in its last stages and save human lives and human rights in a battlefield where the intransigent and ruthless enemy was waging a war behind a human shield? The immorality of throwing his own people as cannon fodder to stave off an advancing force is not only cowardly but inhuman. This is the ultimate dignity given by the Tamil hero to the Tamil people. He was forcing his people to fight his futile war hoping to gain military and propaganda advantages. He was a barbaric coward who was hoping to live by sacrificing the lives of other Tamil people. In the battlefield how was any general to know the difference between Tamil Tiger terrorists and the innocent Tamil victims forced to stand as a human shield?

The issue before the Sri Lankan generals was simple: It was either to end the war with the minimum of casualties which is what happened according to the statistical evidence available at the British Foreign office. Or to stop waging war altogether hoping that it would end violations of human rights by Prabhakaran, the ”pathological killer” (James Jupp, ANU, Australia,) who had killed more Tamils than all the others put together, as stated by Tamil leaders.

This was never going to happen because Prabhakaran could survive only as a leader of war and not as a democratic leader of peace. Faced with dwindling cadres in his own ranks, his last defence line was to create a human shield for his survival. Besides, throwing human shields to the frontline was a deliberate tactic used to mobilise international opinion against the Sri Lankan government to stop the war and save Prabhakaran. Using immoral tactics to create moral dilemmas for policy-makers should be rejected as a justifiable moral base for passing judgment on the victims of the Machiavellian tactics. The justifiable sympathy should go to the victims of the immoral tactics that led to the violations of human rights and not to the criminal originators who deliberately planned the violations of human rights to gain political mileage out of their tactics. To pass judgment on the victims of immoral tacticians is to exonerate and justify the criminals who deliberately planned strategies to cause violations of human rights. Any moral law should recognise first the responsibility of those who consciously abandon the non-violent democratic mainstream and chooses the violent path to achieve political goals.

History is not without alternatives. Non-violent paths are always open for those who have the courage to take that path. The Tamil leadership chose the violent path. It was the Tamil leadership that declared war against the rest of the nation in their notorious Vadukoddai Resolution of 1976. It was they who mobilised the local and global forces to wage their war. It was they who financed the war from Western bases.

It was they who weaponised local politics to justify their Vadukoddai violence. It was they who urged the Tamil youth to take up arms against the Sinhala state”. It was they who justified the forcible recruitment of under aged Tamil children to fight their futile war. It was the Tamil leadership that rejected national and international peace deals that could have ended violence and human rights violations much earlier than 2009. It was the Tamil leadership that broke all international agreements, including the UN agreement not to recruit children and accept peace deals like the Indo-Sri Lanka Agreement. It was the Tamil leadership that threw a human shield to prolong and perpetuate violence and violations of human rights. The first victim of the declaration of war in the Vadukoddai Resolution was human rights. The criminal history of the Tamil elite to suppress and deny their own people even the right to walk in God-given daylight was not prevalent either in the Bible belt of America or in S. Africa. She puts a ban on the general who put an end to all these crimes with his military strategies.

If any violations took place it was not as a result of a deliberate policy of the state or the forces to target civilians. However, if she was finicky about the minutest violations of human rights why has she not taken up the issue of the IPKF forces that rushed into the Jaffna Teaching Hospital and massacred doctors, nurses, patients and even children? Before rushing hastily to pass judgment on those who fought to end this evil war and restore human rights, justice and peace it was her moral and professional duty to have acquainted herself with a sufficient degree of the ground realities. Her unfair and arbitrary judgment passed on Gen. Silva reveals only her incapacity to balance the hard facts with the logic that leads to a credible and fair morality. If she knew about these historical factors would she have passed judgment on those who ended the violations of human rights by ending the war? Her first priority should have been to reward those who saved lives by ending the perpetuation of the violations of human rights. Instead she sits like Madame Defarge knitting her yarns about human rights while those who were operating the guillotine were exonerated by her silent patronage. It was easy for her to pontificate and pass judgment. But the people of Sri Lanka – including the Tamils – were not saved by American pontificators. They were saved by the generals who fought, risking their lives, to restore peace, liberty, democracy and human rights.

Most of all, if she is the moralist that she pretends to be why does she selectively turn a blind eye to the moral precedents set by her revered leaders who had ended their wars by using excessive force knowing that the enemies (Germans and Japanese) were beaten to their knees? Why does she embrace the tactic of annihilating the enemy at any cost as moral when it is used by her leaders and in the same breath reject it as immoral when it is used by Sri Lanka generals with the minimum of force?

What is her valid argument to impose her holier-than-thou morality to punish Sri Lankan generals who had saved liberty, dignity and human rights of the Tamils kept under the boots of a Tamil tyrannical fascist? In no way could the Sri Lankan forces / government prevented the violations of human rights as long as Prabhakaran lived to fight another day. In punishing Gen. Silva she is guilty of endorsing the brutal practices of Prabhakaran to perpetuate his inhuman and irrational war that did not take the Tamil people into depths of despair and suffering. If Teplitz has a better moral way of saving human rights than the strategy adopted by Gen. Silva she should first state that before condemning him.

There were two forces battling for supremacy for 33 years in Sri Lanka. I unhesitatingly back the Sri Lankan forces, with some remorse of course, because they served the higher morality of liberating the Tamils from the tyranny of a Tamil megalomaniac who had killed more Tamils than all the other forces put together, as stated by Tamil leaders. It was also a great battle between a democracy and a fascist tyranny. With all its imperfections Sri Lanka fought Tamil fascism within a democratic framework, even providing protection to the most slavish agents of Prabhakaran in the TNA. As opposed to this Teplitz should consider how her nation treated the domiciled Japanese as enemies.

She must be quite au fait with the concentration camps erected to imprison innocent Japanese civilians in World War II because Tojo had bombed the American base in Pearl Harbour. The American–Japanese were imprisoned simply because they were Japanese and not because they were guilty of complicity with the Japanese government. Shouldn’t Teplitz place the GOSL on the highest moral plane because they did not follow the unjust and inhumane example of incarcerating the Tamils in concentration camps in times of war?

Last but not the least, Teplitz should answer one question: If in the name of human rights Gen. Silva ceased his operations and allowed Prabhakaran to pursue his violent politics what would have been the fate of human rights? The chances are that she would come back and blame the GOSL for not making concessions to Prabhakaran to end the war. In other words, she would have preferred Prabhakaran to run his fascist Eelam the way he wanted in the name of human rights.

Does she believe that human rights would be served in the last resort by the rule of Prabhakaran or by victories of Sri Lankan generals? She has enough sense to know that it is the victories of the Sri Lankan generals that had saved and served human rights at its optimum level. If so why has she rushed to impose travel bans on Gen. Silva? America has produced several female geniuses. Among them are my favourites Emily Dickinson, Eleanor Roosevelt and the Nobel laureate Toni Morrison

BY H. L. D. MAHINDAPALA

Of all the community leaders in Sri Lanka only the Tamil leadership has officially declared war against another community (i.e., the Sinhalese) and led their people to commit the crime against peace. On May 14, 1976 they collectively passed the Vadukoddai Resolution urging the Tamil youth to take up arms and never cease until they achieve Eelam. They unleashed the longest war in Sri Lanka which has led to the violation of human rights on an unprecedented scale. Having laid the foundation for the violations of human rights and perpetuated the violations through a brutal war which the Tamil leadership never wanted to end for 33 years, despite several peace offers, the Tamil leadership go around the world claiming to be the victims of the violations of human rights by the ‘Sinhala State.’ Sri Lankan politics is full of ironies and this one beats them all.

When the Tamil leadership adopted the Vadukoddai Resolution they abandoned the non-violent democratic mainstream and opted deliberately for violence which inevitably leads to violations of human rights. In endorsing Vadukoddai violence the Tamil leadership abandoned the higher principle of upholding, defending and protecting the human rights of others as well as their own Tamil people. Aggressive wars pursuing territorial gains are not launched to protect human rights. In international law, it is considered to be a crime against peace. Such war will grind its way invariably violating human rights. Only counter wars launched to end wars that violate human rights have the moral right to pursue violence in defence of human rights.

The contradiction in declaring war against a neighbour and then proceeding to parade as the victims of the counter violence organized to end the violations of human rights is obvious. It is also hypocritical and hilarious, to say the least. The Tamil leadership committed themselves to war knowing very well that it leads to the violations of human rights. But they refuse to categorize their violence as war crimes, or violations of human rights. They assume that their violence has a superior moral purity / force that elevates their brutalities above the level of crimes against humanity or war crimes. They assume that there is nothing higher than Tamil rights and everyone else must surrender their rights to enthrone Tamil rights as the ultimate human right. In fact, in their political equation they believe that Tamil political rights equals human rights. And that any other counter force — moral or military – should be condemned as violations of human rights.

This was demonstrated amply by Pakiasothy Saravanamuttu, the foreign-funded multi-millionaire circulating in the American cocktail circuit with a glass of whiskey in hand. In the dying days of the Tamil Tiger terrorists he jumped from Western city to city posing as the great champion of human rights engaged in saving the Tamils from the advancing Security Forces who were on the verge of ending the war. His self-appointed mission then was to mobilise international opinion to halt the Security Forces advancing to end the war – the only means of saving human rights from the merciless brutalities of ‘the world’s deadliest terrorist’ (FBI). He argued that the advance of the Security Forces would lead to a great humanitarian disaster. It didn’t. On the contrary, it released 290,00 Tamils held forcibly by Prabhakaran to impress the world that the Tamil people were with him. While the Tamil people were marching out of Prabhakaran’s prison camp into the arms of the Security Forces Saravanamuttu was doing his damnedest to stop the advance of the Security Forces bleating that stopping the war (meaning: saving Prabhakaran) was the only way to save a humanitarian disaster. He was operating on the premise that Prabhakaran had the moral right to wage his war until his demands were granted and the Sri Lankan Forces had no right to end his violence.

This cock-and-bull story of Saravanamuttu was rejected by the triumphant events that ended the Vadukoddai War on the banks of Nandikadal. The commonly accepted wisdom of the day too concluded that removing Prabhakaran from the prevailing political equation was the only way to regain peace. Keeping Prabhakaran alive for another day would have meant the perpetuation of the violations of human rights. Knowing this Saravanamuttu kept on chanting his mantra which like all other NGO mantras only aided and abetted Prabhakaran to ruthlessly perpetuate violations of human rights. Under the cover of protecting human rights Saravanamuttu’s hidden agenda was to save Prabhakaran from annihilation. He had tacitly accepted Prabhakaran as the defender of the Tamil rights which he had equated with the human rights of the Tamils.

His efforts in Western capitals was to keep Prabhakaran alive and kicking. It was the humiliating defeat of Prabhakaran that was hawked by Saravanamuttu as ‘triumphalism’ of the Sinhala-Buddhist forces. Saravanamuttu’s theories, strategies and policies were smashed to smithereens by the Security Forces who restored peace, human rights and the dignity of the Tamils. After Nandikadal Saravanamuttu was forced to live on a diet of sour grapes.

In his political calculations the ‘Sinhala State’ was on the wrong side of human rights even though it saved the Tamils from the Tamil Pol Pot and restored their dignity to live as free individuals. But Prabhakaran’s one-man state was categorised to be on the right side of human rights even though he fought his futile war by recruiting under-aged children and liquidating Tamil dissidents and those who posed a threat to his claim to be ‘the sole representative of the Tamils’. Even the American policy-makers kicked into this debate. Their kind of human rights led them to grant full citizenship to Prabhakaran’s lawyer, V. Rudrakumaran, who was a committed and willing partner in the war crimes and the crimes against humanity committed by his leader while denying even a visa to Lt. Gen. Silva – the General whose military strategies led to the triumph of democracy and the restoration of peace in Jaffna.

Even in the last stages the NGO millionaires refused to accept that Tamil violence had reached intolerable levels under Prabhakaran – the firstborn child of the Vadukoddai Resolution. It was a time when the best of Tamil intellectuals could not defend his brutalities. Unable to defend the inhuman violence of Prabhakaran they argued that he was created by the Sinhalese. If this is a valid argument Prabhakaran should have then targeted only the Sinhalese to get even with the violence of the Sinhalese. But he began his violence by targeting the Tamil leadership. What had Alfred Duraiyappah done to the Tamils to be slaughtered by ‘Surya Devan’ (Sun God of the Tamils)? What had Appapillai Amirthalingam and Neelan Tiruchelvam done to the Tamils to be assassinated by the Tamil hero? Then he targeted the Muslims. What had the Muslims done to harm the Tamils? So was Prabhakaran made by the Sinhalese or by the internal dynamics of Jaffna which had a political culture of unmitigated violence?

It is universally accepted that wars indiscriminately lead to violations of human rights from both sides. The moral victory, however, should go in the end to those who can end the violations of human rights swiftly, using the least violence. Obviously, what is acceptable / tolerable is the side that can successfully end violence, either through non-violent negotiations, or through the application of minimum of violence. The side that refuses to accept negotiations and insists on perpetuating violence to achieve its goals, particularly when they are facing defeat, cannot be treated / accepted / trusted as defenders of human rights. They forfeit the rights that flow from the fundamental principles of human rights because in war human rights can be protected only by ending the war. The Tamil leadership went the other way. They ripped apart peace deals repeatedly insisting on grabbing what they called their rights (mainly territory) at the expense of the others. Mulish intransigence of the Tamil leadership had never served the goals of saving human rights.

Incorrigible war criminals who insist on pursuing their self-serving goals should be condemned as the enemies of human rights. In the Vadukoddai War the Tamil tactic has been either to disregard or underplay the violations of human rights generated by Tamil violence or, simultaneously, to go under the cover of Tamil rights to pursue their violence. They believe morality is on their side even when they violate it to pursue their political goals. Morality that goes along with this double standard will lose its credibility and viability. War-mongering criminals can’t have it both ways. They can’t declare war and in the same breath claim to be victims of those fighting back to end the violations of human rights. The rights of those waging a war to end the violations of human rights are superior to those violating human rights to pursue their self-serving, narrow political ends. The highest morality must necessarily serve to end the violations of human rights. It cannot serve to perpetuate the violations of human rights. That is immoral.

It is the failure of the Tamil leadership to stand up for the human rights of their own people unequivocally that turn them into absolute political Judases. They condemn the Security Forces that restored their right to walk this earth with dignity, honour and respect. But they hero-worshipped and went on their bended knees before their ‘Surya Devan’ (Sun God) who suppressed their rights to exercise their basic rights. Tamil leadership must also take full responsibility for the violence they unleashed in Vadukoddai. In passing the Vadukoddai Resolution they not only legitimized Tamil violence as a political tool to achieve their separatist goals but also became partners, subsequently, in the crimes committed by the children of the Vadukoddai Resolution. Prabhakaran and his criminal gang were the ‘boys’ who came out of the Vadukoddai Resolution. They were urged to take up arms against the Sinhala south by the fathers who drafted and passed the Vadukoddai Resolution.

Rajavarothiam Sampanthan, who is now shedding crocodile tears for his people, not only was a founding father of the Vadukoddai Resolution but went along with Prabhakaranism without a murmur of protest. He gave his full backing to the horrendous violence unleashed by the Vadukoddai Resolution. So what right has he and his side-kick, Abraham Sumanthiram, to speak of the human rights of the Tamil people when they went on their bended knees to hero worship their ‘Suriya Devan’ (Sun God) –the political criminal who killed more Tamils than all the others put together? In every national and international forum they never failed to point a finger at the ‘Sinhala State.They never raised a voice against Prabhakaran. Accusing the Sinhalese was their theme song to divert attention from the violations of human rights committed by the Tamil leadership. Besides, they feared the loss of political sympathy from the international community if they revealed that Prabhakaran was a Tamil Pol Pot.

Their failure to resist the subhuman racist violence of Prabhakaran make them complicit partners in the crimes against humanity and the war crimes. They have no right to point an accusing finger at the generals who restored their right to walk this earth with dignity, respect and honour. They have survived on their myths of victimology long enough. The most privileged community in Sri Lanka, with the highest quality of life index, pretending to be the victims of the majority community, is a joke. They enjoyed the best of both worlds – the north and the south. As the old saying goes, the son shone in Colombo while the father reaped the harvest in Jaffna. The undeniable historical fact is that the Sinhalese had never treated the Tamils in the inhuman way the Tamil leadership treated their own people from the time they set foot in Jaffna.

It was their misguided politics that led the Tamil people to their miserable end in Nandikadal. In short, the Tamil leadership played the hideous role of the Pied Piper of Hamelin and lured their people all the way to drown in Nandikadal. The total responsibility for the failure of Tamil violence, Tamil politics and the subsequent violations of human rights rests solely on the war-mongering Tamil leadership.

Dilrook Kannangara

Quoting UK’s defence attache to Sri Lanka in 2009 Anton Gash, Lord Naseby presented a case to the British parliament on the absurdity of war crimes allegations against Sri Lanka. His reports were comprehensive and clearly annul allegations of war crimes leveled against Sri Lanka’s military. Their usefulness was harped by various patriotic groups from 2015 until 2019. Unfortunately, none of that was presented at the 2020 UNHRC sessions attended by the Minister of Foreign Affairs. This is a very disappointing development as it leaves room for UN members to vilify Sri Lanka with war crimes allegations.

Another notable deficiency at the UNHRC this year is the absence of patriotic groups that made the trip in the past few years. This brings into question their true motive. If they truly intended to promote Sri Lanka’s interests, they must have made a showdown this year as well.

Sri Lanka’s proposed resolution which intends to replace 30/1 and 40/1 does not challenge the war crimes allegation. Instead, it proposes an alternative method to arrive at the same outcome intended by 30/1 and 40/1.

BY EDWARD THEOPHILUS

It is surprising to Sri Lankans living in the country and overseas that Mr. Dinesh Gunawardena handled the withdrawal from the Co-Sponsorship of UNHCR resolution.  It seemed that many countries respected the views expressed by Minister Gunawardena who showed the nature of real Sri Lankan and educated personnel. There were different types of foreign ministers in Sri Lanka from Mr.J.R. Jayewardene to Mr. Gunawardena. I feel that Mr. Gunawardena has excellent knowledge and stewardship skills to handle the ministry and complicated affairs in modern international relations. Many cataplana supporters in the country and overseas thought that the government has no people capable of handling foreign affairs with a good command in English and Mr. Gunawardena showed he is excellent in both languages Sinhala and English, which is needed to give priority in education.

The promoting accountability and protecting human rights within the constitutional framework are the responsibility of any government elected to the office and there is no evidence that any government elected after the independence breach this responsibility.  The UNHRC resolution was sponsored by the USA without proper investigation in Sri Lanka and it was bias towards certain groups.

I heard Mr. Gunawardena studied foreign trade at the tertiary level and he showed the nature of an educated practical person.  I saw many Sri Lanka’s born people saying they don’t know Sinhala but the truth is they neither know Sinhala nor English.  Mr. Gunawardena is the best model to those people.  

Mr. Gunawardena demonstrated stewardship handling the Swiss Embassy case too.  He is a good strength to Mr. Gotabaya Rajapaksa.

There is no doubt that Mr. Gunawardena was supported by Dr. Ravinath Ariyasinghe and his team.

Courtesy Hindustan Times

Mathews claimed four wickets and denied West Indies 13 runs in the last over, restricting the tourists to 301 for nine in their chase of 308 in Pallekele.

Angelo Mathews held his nerve with the ball to help Sri Lanka clinch a tense six-run win over West Indies in the third one-day international and sweep the series 3-0 on Sunday.

Mathews claimed four wickets and denied West Indies 13 runs in the last over, restricting the tourists to 301 for nine in their chase of 308 in Pallekele.

Fabian Allen smashed 37 off 15 balls to close in on the West Indies target but fell to Mathews while going for a six in the second ball of the 50th over.

Mathews, who completed his quota of 10 overs after pace spearhead Nuwan Pradeep left the field injured midway into his spell, returned figures of 4-59 with his medium pace.

Angelo put his hand up in the absence of Pradeep. He used his experience which is what I was expecting,” skipper Dimuth Karunaratne said of his 32-year-old veteran allrounder.

Beating West Indies 3-0 is not easy. We did small things right. Bowlers, batters, fielders put their hands up.”

Kusal Mendis top-scored with 55 in Sri Lanka’s 307 all out after electing to bat first and then took a crucial catch at deep mid-wicket to send back Allen.

Valiant knocks from Shai Hope (72), Sunil Ambris (60), Nicholas Pooran (50) and skipper Kieron Pollard (49) also kept West Indies in the hunt till the last over.

Earlier West Indies paceman Alzarri Joseph claimed four wickets as Sri Lanka were bowled out in 50 overs.

Avishka Fernando and Karunaratne gave the hosts a brisk start with a 60-run opening stand before the West Indies struck.

Joseph got Fernando caught behind for 29, and spinner Roston Chase caught and bowled Karunaratne for 44.

Kusal Perera, who made 44, and Mendis then rebuilt the innings during their 89-run stand to take the attack to the opposition.

The in-form Mendis, who hit a century in his team’s 161-run thrashing of West Indies on Wednesday, completed his 17th ODI fifty before falling to Joseph.

Fast bowler Sheldon Cottrell bowled Mathews for 12, but the rest of the batsmen kept up the charge.

Dhananjaya De Silva, who completed his fifty in just 45 balls with a boundary off Jason Holder, and Thisara Perera put on 64 runs for the sixth wicket.

Joseph broke the stand with the wicket of De Silva and sent Perera back to the pavilion for 38, but the damage had already been done.

It’s always disappointing to lose. We fell short a bit in the field, we could’ve restricted them to 280-290, but the way the guys went out to chase a 300-plus total, it was brilliant,” said Pollard.

We look forward to playing the T20s. We have a couple of guys come back into the team, guys who’ve been around the world playing T20 cricket. Hopefully we come out on top.”

The two sides will now play two Twenty20 internationals on Wednesday and Friday in Pallekele.

Courtesy Mail online

Gotabaya Rajapaksa won a landslide at November presidential polls and appointed his older brother and former president Mahinda as prime minister in a move that saw the family consolidate their hold on power

Sri Lanka’s new president is set to dissolve parliament shortly and call snap a legislative election six months ahead of schedule, a state-run newspaper said Sunday.

Gotabaya Rajapaksa is expected to exercise his constitutional power to sack the assembly when it completes four-and-a-half out of its five-year term on Sunday night, the Sunday Observer said.

Rajapaksa, 70, won a landslide at November presidential polls and appointed his older brother and former president Mahinda as prime minister in a move that saw the family consolidate their hold on power.

“The Gazette Extraordinary will be issued announcing the dissolution of the present parliament at the end of the completion of four-and-a-half years in terms of the provisions of the 19th Amendment to the Constitution,” the Observer said quoting its sources at Rajapaksa’s office.

Official sources told AFP that a general election was most likely in the final week of April if the 225-member national assembly is dissolved by Monday as widely expected.

Mahinda, who had been president twice and prime minister thrice, is expected to lead the Sri Lanka Podujana Peramuna (SLPP, or People’s Front) party to a comfortable victory.

Political commentators have said it would be a formidable challenge for the opposition to prevent Rajapaksa securing a two-thirds majority which will allow him sweeping powers to govern the nation of 21 million people.

The United National Party (UNP) of former prime minister Ranil Wickremesinghe has been plagued by a debilitating internal power struggle.

The Rajapaksas are adored by the Sinhala-Buddhist majority — but loathed among minority Tamils — for spearheading the defeat of separatist militants in 2009 to end the island’s 37-year ethnic war.

Prime Minister Rajapaksa announced last month that the country was withdrawing from a UN resolution investigating alleged war crimes in 2009, a move that was seen as boosting his popularity with the Sinhalese majority.

Mahinda was president when Sri Lankan troops defeated Tamil Tiger guerrillas in 2009, but rights groups accused the army of killing at least 40,000 Tamil civilians in the final months of the conflict, a charge Colombo has denied.

Courtesy Adaderana

The 22 university students arrested for protesting in front of the University Grants Commission (UGC) have been remanded until tomorrow (March 02).

The order was issued by the Colombo Additional Magistrate when the group of students was produced before the court.

Twenty-two university students including 2 monks have been arrested for protesting in front of the University Grants Commission (UGC) violating a court order obtained by the Police over acts of obstruction of the public.

The Inter-University Students Federation (IUSF) commenced a satyagraha in front of the UGC on Thursday (February 27) demanding the removal of the Vice-Chancellor of the University of Ruhuna.

The police have told the students to leave the area immediately as the act of protest disturbs the public.

However, if they continue to protest in the area, legal action will be taken against them, stated Deputy Inspector General of Police (DIG) Ajith Rohana when he arrived at the scene yesterday (February 29).

IUSF Convener Ratkarawwe Jinaratana Thero has also been arrested along with the students.

Courtesy Adaderana

If the parliament of Sri Lanka is dissolved at midnight tomorrow (02) as planned, 64 parliamentarians will lose out on their pensions.

A Member of Parliament must complete a five-year tenure to receive pension rights.

Accordingly, the United National Party (UNP) parliamentarians will lose the most pension rights, with 36 MPs in total who might lose the right.

Additionally, 21 United People’s Freedom Alliance (UPFA) MPs, 6 Tamil National Alliance (TNA) MPs, and one JVP MP lose their pension rights.

The Gazette Extraordinary pertaining to the dissolution of the parliament is set to be published at midnight tomorrow, government sources told Ada Derana.

Courtesy Adaderana

The majority of the United National Party (UNP) Working Committee has agreed to contest the upcoming general election under the election symbol ‘Elephant’.

However, the Sajith Premadasa faction has not agreed to the decision, sources told Ada Derana.

A special meeting of the UNP Working Committee was held at Sirikotha –UNP Headquarters, today (01), to arrive at a final decision on the party’s election symbol.

The meeting was chaired by Party Leader Ranil Wickremesinghe and Opposition Leader Sajith Premadasa.

Courtesy Adaderana

The Gazette Extraordinary pertaining to the dissolution of the parliament is set to be published at midnight tomorrow (02), government sources told Ada Derana.

This is under the power vested in the President by the 19th Amendment to dissolve the parliament after four and a half years of the sitting of Parliament.

The five-year term of the 8th Parliament, which began on September 1, 2015 – including elected members of the parliamentary elections held on August 17, 2015 – is due to expire in August this year.

However, according to the 19th Amendment to the Constitution, the President has the power to dissolve the Parliament after four and a half years.

Accordingly, the President can dissolve Parliament at any given moment after 12 midnight today (01).

Further, the date of the general election should also be announced at the dissolution of Parliament. The General Election will be held on the 25th of April, according to trusted government sources.

උපුටා ගැන්ම  හිරු පුවත්

එක්සත් ජාතික පක්ෂයේ මතුව ඇති අර්බුදය සම්බන්ධයෙන් පක්ෂ විපක්ෂ දේශපාලනඥයින් අදත් විවිධ අදහස් පළ කලා.

උපුටා ගැන්ම  හිරු පුවත්

සමඟි ජන බලවේගය, එජාපයේ අලියා ලකුණින් තරඟ කළ යුතු බවට, එක්සත් ජාතික පක්ෂ කෘත්‍යාධිකාරී මණ්ඩලය තීරණය කර තිබෙනවා.

කෙසේ වෙතත් සජිත් පාර්ශවය ඊට එකඟ නොවී ඇති බවයි දේශපාලන ආරංචිමාර්ග ප්‍රකාශ කළේ

Lahiru Mudalige

https://youtu.be/yofDxEIOmus

By Aurelius

Under-reported and nearly unnoticed was Gotabaya’s keynote address at the 2020 National Law Conference, held in Negombo on 14^th February this year.

The address began with Gotabaya paying banal courtesies to the Judiciary, making that inevitable reference to Laws delays and pontificating about ‘Separation of Powers’.

It was then that Gotabaya dropped a bomb!                                                          

Many at the gathering were caught unawares when, throwing caution to the wind, Gotabaya cast aside his velvet gloves and menacingly bared to everyone present a deadly iron fist.

Threatening the Judiciary, Gotabaya hissed, Considerable harm could be caused to democracy by the judiciary needlessly interfering in the functioning of the executive and legislative branches of the government.  It is therefore important that the judiciary does not obstruct the development efforts undertaken by the executive to ensure the well-being and prosperity of the people.”

These are the classic words of tinpot dictators who have blotched the global stage of history, time and time again. Gotabaya had the impudence to utter these words in the precincts of the legal fraternity. 

Who is coaching Gotabaya to mouth such drivel? Is it Moragoda and his pack of Weeratunges, Goonetillekes and Colambages, whom the Americans have unleashed to keep Gotabaya in line?

 It was the Americans who portrayed Gotabe as a dictator.

And now, are the Americans setting Gotabaya up to make such statements, making him believe, that by making such statements, he projects himself as a fearless leader?

Does Gotabaya not realise that by making such statements he is augmenting the image the Americans have created for him?

Does Gotabaya not realise that such conduct makes him extremely unpopular with the people and that he is being manoeuvered into a dangerous collision course with the Judiciary and the people?

The legal fraternity in the audience appeared shell-shocked.

The politicians present at the event, including front seaters like Wickramasinghe, Karu and Siripala, seemed unfazed; indeed, visual images of the event gave the impression that they were pleased as punch to hear what they were hearing.

The question being asked by many is, Why is Gotabaya being led by the nose and doing exactly what the Americans want him to do?” 

Is it that they have some ‘dirt’ on him and he is being blackmailed to do their bidding or is he, as increasing number of people describe him, a crypto-American, working in tandem with the Americans on the MCC plan?  

Contrary to what Gotabaya suggested by innuendo, Sri Lanka boasts of a Judiciary which works within the framework of the Constitution; the judiciary and the legal fraternity have, time and time again, saved the territorial integrity of Sri Lanka and safeguarded the fundamental Rights of the people.

However, that space is fast shrinking.

Members of the legal fraternity who had the will, inclination and the skill to present in Courts, arguments against the MCC, have got prestigious appointments in the Government sector. Consequently, many of them do not have now, the time or inclination to pursue action against the MCC.

It is in the context of the MCC threat to the integrity and sovereignty of Sri Lanka  that Gotabaya’s threat to the judiciary and the legal profession, has to be viewed. 

 Considerable harm could be caused to democracy by the judiciary needlessly interfering in the functioning of the executive and legislative branches of the government.”   – G Rajapakse

From Sri Lanka’s experience, the instances of the Judiciary interfering with the instruments of the Executive and the Administration has been, if not never, very rare.

The corollary however is true where the Executive and the Administration have both attempted to interfere with the workings of the Judiciary and the Legal system

The threat issued by Gotabaya is a clear example of the Executive attempting to interfere with the Judiciary. As Gotabaya himself has pointed out when one arm of Government interferes with another arm of Government, Democracy is imperiled.

There is a NEED for the Judiciary to intervene when the Constitution is violated, when the people are being robbed of their sovereignty and when the fundamental rights of the people are under attack.

What does Gotabaya mean by ‘Needless’ interference? The judiciary is there to interpret the law when called upon by the people to do so. There is nothing needless about it; interpreting the law is their business.

There is ample and conclusive evidence to successfully argue in a Court of law the many pitfalls in the draft MCC Agreement, some of which are given hereunder.

• The draft MCC Compact is Unconstitutional.
• The draft MCC Compact contravenes the laws of the country.
•  The draft MCC Compact surrenders the country’s sovereignty
• The draft MCC Compact is incompatible with International Law.
• The draft MCC Compact physically divides the country into two.
• The draft MCC Compact is the strategical plan of the US to establish a ‘beachhead’ in Sri Lanka.
• The draft MCC Compact is a trojan Horse.
• The clear nexus between the draft MCC Compact, ACSA, SOFA, the US Indo-pacific strategy, the militarisation of the Bay of Bengal, the ‘Pivot-to-Asia’ policy of the US and the takeover of the country by the US.
• The draft MCC Compact will result in
  • Degradation of the environment without any degradation assessment plan or degradation impact-plan.
  • A robbery of our mineral resources without any knowledge on our part of what is being made available to the robbers.
  • Wiping out of historical and religious sites without maintaining any record of what is being erased forever.
  • Approximately 4 million people being made landless and homeless.
  • The establishment of a terrorist caliphate in the Eastern Province which has the potential to destabilise the littoral states and shipping, in the Bay of Bengal
  • Large areas of Sri Lanka being taken over and owned by US and US allied countries.
  • Laws within Sri Lanka being replaced by foreign law.
  • Sri Lankan Courts being replaced by foreign Courts
  • Sri Lankan lawyers, judges and professionals being replaced by foreign, lawyers, judges and professionals
  • A private company, set up by the MCC, replacing Parliament in the control of State Funds      
  • And many more that will reduce the country to a colony.
    
    
    

Gotabaya is aware that the Judiciary is Sri Lanka’s only hope that could possibly save her from the MCC menace. The draft MCC Agreement would never see the light of day if taken to Courts.

Gotabaya’s plan was simple; crudely attack the Judiciary and the Legal profession.

After his tirade, would the Judiciary continue to have the same courage and resolve to act independently? Would there be lawyers available to argue cases against the MCC?

 
Speaking to this writer, Saman, a run-of-the-mill tut-tut driver said, There is no place for the MCC in Sri Lanka. The judges and the lawyers need not worry; a 6.9 million people are a one-hundred percent behind them. The lawyers who have been given ‘positions’ by the Government must resign as a mark of protest”.

 
The reason for Gotabaya’s outburst is clear. The only way forward for the MCC is by attempting to influence the Courts and the lawyers.
 
And, Gotabaya did exactly that.  

Did  Gotabaya’s conduct  that day in Negombo border on criminality?

It is therefore important that the judiciary does not obstruct the development efforts undertaken by the executive to ensure the well-being and prosperity of the people.” – G Rajapakse

 What is Gotabaya attempting to convey to the Judiciary? Is he saying,  ‘Do not give an opportunity to the people to challenge the MCC draft Agreement in Court?’ Or, is he implying, ‘Misinterpret the Law and allow him to implement the MCC programme of the US, unchallenged?’

This coercion is being applied by one arm of the Government – the Executive – to another arm of the Government – the Judiciary -.

In the Republic of Sri Lanka Sovereignty lies with the people and this sovereignty includes the powers of Government.

In the context of the Executive Power of the people, it is exercised by the President; in the context of the Legislative Power of the people, it is exercised by the Legislature; in the context of the Judicial Power of the people, it is exercised by the Judiciary.

The Powers thus delegated to the Executive, the Legislature and the Judiciary remain the Executive, Legislative and Judicial Powers of the people.   

It is highly preposterous for one arm of the Government, ‘The Executive’ in this instance, to advice/threaten another arm of Government, ‘The judiciary’, about what they should or should not do. Each of the three arms of Government has got its power from the people and each arm of Government is responsible to the people and not to each other.

It is the people who have all the right to challenge the workings of the three arms of Government, to whom they have delegated their power. The President has no such authority; indeed, if Gotabaya does attempt to do so, he is culpable of abusing his power and much more.

As the temporary custodian of the Executive power of the people, a President is required to do, during his period of office, what the people required him to do and what he promised the people, he would do.

Any Economic plan the President, may wish to execute on behalf of the people has to be within the framework of the Constitution and within the framework of Sri Lanka’s laws. If such economic plan does not conform to the Constitution or the laws of the Country, he has no right to tell the judiciary ‘to look the other way’ or ‘do not interfere unnecessarily’.

If these so-called Economic plans transgress the Constitution and the Country’s laws the people have delegated authority to the Judiciary to use their power and NOT permit the Executive to execute these Unconstitutional and illegal plans.

These checks and balances are written into our Constitution to safeguard the rights of the people.

If the Executive has threatened the Judiciary, it is a matter of grave concern; by so doing, he has threatened the people and the necessary judicial measures laid out in the Constitution need to be taken against the Executive. 

Gotabaya would do well to remember that he is only a temporary Caretaker and Protector of the Rights, Privileges and Assets of the People. He is required, on behalf of the people to uphold and protect the Constitution which guarantees the security of our unitary State.

A President may not therefore do anything which falls short of that guarantee.

A President is NOT empowered to act in a manner which exceeds the mandate given him by the people; if he breaks faith with the sovereignty of the people, he makes himself culpable for a range of issues. His dictatorial tendencies pose a threat to Democracy.

To expand on Alice Wells’ allegory that Sri Lanka is a piece of real estate in the Indian Ocean, Gotabaya could be described as being  employed by the owners of the estate as the ‘hewarala’ or watcher of this estate. The previous watcher was dishonest and sacked when it was found that he was trying to sell the estate.

The owners were surprised when they found that the new watcher too is dishonest; they discovered that he too is trying to sell-off the estate to the same buyer, and vanish.

 Caught red handed, the hewarala is now threatening the owner. And, there are indications that he is ganging up with the watcher who was sacked.

-Justice Bullied is Democracy Buried –

Dr. Sudath Gunasekara (SLAS) Retired Permanent Secretary to Prime Minister Sirimavo Bandaranayaka,

This is a desperate plea made by me, to all concerned, as the man who started the Sri Lanka HADABIMA Authority in 1991 to Save the HADABIMA of Sri Lanka” (The Geographical Heartland of this country) using the lessons learnt from my 5 years’ experience as the Director of the then NADSA, from 1986 to 1991 with the fivefold objectives of,

Scientific 1 Watershed Management, 2 Settlement Development, 3 Agricultural Diversification and 4  Ameliorating acute Landlessness and chronic poverty among the Kandyan peasants and  5 Addressing the dragging and pestering Indian Estate Tamil labour problem, with lasting socio-ethnic integration through a mixed settlement programme under the provisions of the Nehru/Kotalawala Agreement of 1954.

I am making this open plea to President Gothbhaya Rajapaksa, the Prime Minister and the Minister of Agriculture, in particular, to protect this important national Project from unscrupulous and self-centered opportunists job seekers who have no clue at all on its lofty objectives but are only concerned with making some money and enjoy the benefits of office for which I laid the foundation in 1991, after resurrecting it from demise with a 12.5 Million aid package from the WFP. None of the 15 Chairmen who held Office from its inception in 1978 and more so are the last 12 including the present Chairman (list attached) knew the ABCD of the Project objectives or had any concern for the country or the people without which one is not qualified to Head this important national Project, that holds the key to the survival of the entire life system and the civilization in this country. Therefore I appeal to the President to immediately appoint a professional, as he has promised in his Election Manifesto, who can understand the basic objectives of this Project and carry them out to their logical conclusion with dedication and commitment to make the lofty objectives of this Project a reality.

 I am giving you here the story of the HADABIMA Project as the man who conceived it in 1991 so that you will get a comprehensive idea about this all important Development Project and its objectives.

The origin of the Hadabima Authority of Sri Lanka

The Hadabima Authority of Sri Lanka (Haritha Danav Bim Sanvardhana Madyama Adhikariya) was founded by me in 1991 to implement a major national development Project within the three badly neglected Provinces of Central, Uva and Sabaragamuwa, covering the entire hilly areas within these three Provinces consisting nearly 1/3 the area of the country and an approximate rural population of nearly Six Hundred Thousand. The Project idea was  an extension of the former NADSA (National Agricultural Development and settlement Authority) concept started in 1978 to address three important objectives namely, a) Watershed management, b) Agricultural Diversification and c) Settlement Development, that was set up to develop the area between 300-900 m MS of the hill country in the two Districts of Kandy and Kegalla within the 4 electorates of Gampola and Nawalapitiya (Kandy) and Mawanella and Yatiyantota (Kegalla) which was, in my opinion one of the best Development Projects, If not the best, ever conceived in the post Independent era in this country. However due to political and management blunders the then government was compelled to close it down by end of 1986 as  a failed Project after the World Bank  withdrew its funding component of 4.5 million US$ after black listing it.

HADABIMA Development concept was first conceived by me in late 1986 after I was appointed to preside over the last rituals of NADSA by Minnister Gamani Jayasuriya in April 1986.The new development plan was proposed by me in 1989, with a view to replicate the NADSA experience of a successful period of 3 years as a pilot Project to address the above objectives. I conceived within a broader national perspective to address, the alarming deforestation, soil erosion, land degradation, drying up of all the rivers in the entire Central Hill Country and its fringe land around it and the acute landlessness prevailing particularly among the Kandyan peasants, focusing on the five major objectives namely,

a) Watershed conservation

b) Settlement Development

c) Agricultural Diversification

d) Ameliorating acute Landlessness among the Kandyan peasants and

e) Addressing the dragging Indian Estate Tamil labour problem with lasting socio-ethnic integration through a mixed settlement programme under the provisions of the Nehru/Kotalawala Agreement of 1954

A brief history of the NADSA (now called HADABIMA project) for those who do not know whether it is chicken or fish.

Background for NADSA

 In the wake of the newly emerged worldwide development euphoria in the early 1970s based on environmental protection, land reforms and equitable distribution of wealth and to achieve social justice advocated by people like Gunnar Myrdal in his classic Asian Drama and the  thought provoking concept of appropriate technology (enunciated by Schumacher the Father of that Technology) as an alternative for modern technology to face the challenges of sustainable development and the need for increased production to avoid worldwide hunger and the dangers of blanket application of Modern Technology to the so-called Third World countries, the attention of the then Government (1970-1977) was drawn to the  following problems at Home.

1 Serious soil erosion and land degradation in the hill Country and silting of the Islands rivers in the lowlands and recurrent floods in downstream areas due to large scale deforestation started by the British in 1830s and still continuing un-arrested due to poor land management and inappropriate cultivation practices followed by an utterly ineffective and inefficient plantation sector.

2 The problem of serious landlessness and poverty and social injustice, particularly in the Kandayn provinces due to loss of their ancestral land to the British and non- implementation of the recommendations of the Kandyan Peasantry Commission of 1951 and lack of income generating opportunities among the peasant population in the region.

3 The crying need to diversify the plantation sector with a package of diversified crops like pepper, Cloves and Coffee combined with other native home garden crops like coconut, Arica, vegetable and fruits and animal husbandry to reduce dependency on few mono crops like Tea and Rubber and also to avoid the vagaries of recurrent price fluctuation in the world market to face balance of payment problems

4 The need to revisit the Kandyan Forest Garden concept that is as good as the natural forest for environmental protection and to control soil erosion (with an annual soil loss rate of 0.1mt/ha/year) with a modified mixed farm version to generate more income than from a traditional Kandyan Forest Gardens. (Recent studies by Guido Kuchelmeister (1987) and Mahaweli Authority of Sri Lanka (1995) have found the Kandyan Forest Garden model to be the best ecosystem for this type of hilly terrain as it possess both ecological and environmental characteristics that are ideal for such situations in a tropical country- only second to the natural forests)

Subsequently on a request by the Government, World Bank carried out a comprehensive study on all these aspects and finally they produced 97 excellent research documents that remains a gold mine guideline for any development in this region of the country for  a long time.

The First Phase

Based on the findings of these studies the next UNP Government that came to power in 1977 set up the National Agricultural Diversification and Settlement Development Authority (NADSA) in August 1978 to implement a pilot Project in six selected river basins in the Kandy (Gampola and Nawalapitiya) and Kegalla (Mawanella and Yatiyantota) Districts to be replicated in other hill country areas with similar problems after the trial period. These Projects were confined to the mid country (300-900m MSL).The new Government started with a bang contributing 2.5m US$ as GOSL component and the World Bank providing 4.5m US$. The Minister of Agriculture E L Senanayaka vested few LRC marginal and neglected Tea and Rubber lands from the two   of Kandy and Kegalla and established the NADSA in August 1978 and as usual packed it with their political stooges who knew nothing next to the objectives of the Project. They had no proper plan of development either. They also had no vision or a mission on the implementation of this Project, other than finding some lucrative employment for their supports. The Minister toured the area by helicopter with WB Chairman. Kapila Wimaladharma Pathirana (SLAS) the General Manager was the only professional attached to this Project. But before long the Minister chased him out as he had refused to carry out some of the Ministers mad orders and put one of his supporters in that place from Kandy a retired kachcheri, surveyor by the name Wikramasuriya.  In no time the World Bank got disgusted with mismanagement and poor Project performance and decided to withdraw from the Project with the 4.5 Million Grant. They discarded and blacklisted it as a failed Project.

Subsequently on a Report by Ranjan Wijeratna, the then Secretary to the Ministry of Agriculture, who knew only about Tea planting, the government decided to close down the project in  1986. Thus conceptually one of the best development projects ever conceived in the post Independent era in this country, finally the Government decided to close it down by end of 1986, on his report. Thereafter productive estates and good Bungalows were appropriated by politicians and sometimes even by the officials. For example Kelli Estate with its Bungalow was given to Deputy Minister Agriculture Imbulana. Part of Ovel Estate and its manager’s bungalow in Gampola to a relation of Gamini Disanayaka and Wariyagala Bungalow with few acres of Tea was appropriated by the successor to Kapila as Director and part of the same state was given to the Administrative Officer of NADSA, who was a Son-in-law of a UNP stalwart Gunasena Mudalali of Matale.. Meanwhile all the Tea factories were given for a song to one Karunaratna from Colombo a close friend of JR. who dismantled them and made a fortune of it.  Immediately after I took over the Project in Aril 1986, I stopped all such nefarious activities and the assets were used for development within the Project

The second phase

The second phase that opened a new lease of life to the NADSA Project (later named by me as HADABIMA Project) under my administration was set in motion from the date I took it over.

On April 2^nd 1986 I took over a Project that was to be closed down by end of the year. In fact Minister Gamani Jayasuriya sent me there to preside over the last rituals of NADSA, until he takes me as his Additional Secretary on Janu.1. 1987.

This appointment came at a time when I was getting ready to leave public service in disgust, to take up a Commonwealth Assignment as an Expert in Handicrafts in New Guinea, as my appointment as Government Matale twice and Kandy once had been blocked thrice and even as the Registrar of Peradeniya University in spite of the fact that I had come first at the Interview by the then UNP Government. On the day I met Minister Gamani Jayasuriya in this backdrop in the company of Mahanaayaka Thero of Asgiriya, after going through my Bio-data he said he will take me immediately as his Additional Secretary and moreover there is no point in going to NADSA as it will be closed down by the end of the year. Had I accepted his offer I could have been the Secretary Ministry of Agriculture in no time since by that time I had completed more than six years in Class1 and 21 years in SLAS. It also would have been a very big promotion in my carrier. But since I opted to be in Kandy for personal reasons till end of year he put me on this job on condition that I will come to the Ministry of Agriculture as his Additional Secretary in Jan 1987.

In spite of objections by the Chief CP Minister Disanayaka for my appointment, I assumed duties on 3^2nd  of April 1985 on the directions of the Minister.

In my attempt to get an idea about the Project the first document was a comprehensive evaluation report of the Project made by Kapila, the first Director that gave me a bird’s eye view of the Project? This was followed by few visits to the field in trying to understand the ground situation by meeting the people to see the actual situation and trying to understand the problems faced by the farmers. I met the Minister on Monday the next and told him how I have understood the project by going through the reports and seeing things on ground on the landscape as a student of Geography. I told him that, in my opinion, NADSA is one of the best development concepts, if not the best, as I see, that had ever been proposed in the post Independent era in this country by any Government and therefore it should never be closed down as long as this country exists on earth.” He looked at me sharply and said. ”Sudath all the other fellows say just the opposite of what you say, either all of them are mad or you are mad.’ He posed for a while and continued but having listened to you, I too think there is lot of truth in what you say”

From next day I started my mission by my country and the neglected Kandyan peasants with full drive, determination and commitment to make this the best small farm development Project in this country by the end of the year and to replicate it to all areas with identical problems within three years as a model Agricultural Settlement Development Programme in South East Asia at least, if not the whole world.

But there were serious limitations to achieving my goals such as

1 Lack of adequate staff both in the Office as well as in the field

2 Lack of sufficient funds, materials and equipment

3 An utterly depressed and demotivated set of settlers

4 And above all obstructions from the local politicians on personal grounds

For example the office staff was limited to an Administrative officer, an Accountant (both retired from public service), few clerks and 2 peons, three drivers and two labourers. In the field there were about 6 Field officers to look after 15 settlements in two Districts. The rest had been discontinued pending the closure of the project in December 1986. The vehicle flight consisted of 1 hacked Pajero jeep. 3 rackety small Daihatsu Jeeps, one Box model Mitsubishi Lancer old car, 2 old Lorries, all that escaped the hammer.  All development activities had come to a standstill by that time.

 As such I realized giving a new lease of life to this Project was an uphill task. But considering the location of the Project and its objectives I was determined to take up the challenge. The next day I had a staff meeting and briefed them about the situation and my proposed future plans in the backdrop of my understanding and what the Minister indicated to me for my proposal to resurrect the Project and sought their support for my future plans.

The first step in this process was to motivate the staff and the settlers with new hopes and then to find sufficient funds to continue. My first approach was the Treasury. But point blank it said no as the Government has already taken a decision to close down by the year end. As an alternative with my experience in problems of rural development as a DRO, I met the WFP Country Director Mr Hersy in Colombo with a modest Project proposal for 2.5 million US $ request. But he said the WFP will never agree to reopen this Project as it was a Project rejected by the WB as a failed project already withdrawn and it was blacklisted. I insisted saying that I will give a guarantee that I can resurrect the project since it is one of the best development concepts ever conceived in this country since Independence. He again said WFP will never agree to come back. However as I insisted he finally agreed to take my proposal to Rome the following week when he goes there saying just to try your luck”.

To my surprise on his return he rang me up to congratulate me saying that Rome has agreed to reopen the Project under the new management as they were highly convinced on my reasoning and he wanted me to make it 5 Million as he as the country Director can recommend up to 5 Million US $. In few seconds he rang me up again and said ‘Don’t worry Mr Gunasekara, I myself will adjust the figures and as from today onwards I will treat it as one of my own Projects. That is the way I was able to convince the WFP Country Director at that time.

 Subsequently I was invited to Rome for a discussion on my request and I must record it here with gratitude the support given by Mahinda Katugaha the then Procurement Manager of the WFP in   negotiating this aid package and accommodating me in his apartment for the two days I had to stay in Rome.

In two months’ time came a Project appraisal mission to appraise it along with another proposal for Kotmale requested by Minister Gamini Disanayaka. I did my homework got an evaluative study done by Prof J.M. Gunadasa of the Peradeniya University supporting my arguments on the economic viability in the Project proposal. I submitted it to the appraisal team. I also got a 35 minute video film done ( where I wrote the Script) on the importance of the objectives of this Project and its future potentials in nation building by Dharmasena Pathiraja, a reputed cinema artist, called’ Haritha Danavva” (Green Habitat) to be shown to them on a script by me. (This film was later awarded a merit certificate at the International Film festival held that year on eco Film International Festival held in Ostrava Praha-Checholovakia on Environment) in May 1991.

 By the time the appraisal team arrived I had got the settlers to clean up their farmsteads and roads on Shramadana basis and also got them to start on a vigorous programme of Development activities including planting, putting up stone hedges for soil conservation and even giving a new outlook to their temporary huts. Meanwhile I also provided pipe born water services where ever possible. For all these activities I gave them only 50% of the cost including material likes s-lon pipes. I organized the settlers in to groups of 25 families called Pasvisi Sabaha’ where they took all decisions and the officials playing the role of facilitators onl, using the participatory management technique in developent. (Incidentally one person did a study on the success story of this first Highland Farmer Organization in Sri Lanka and got a PhD from a USA University).

When the Appraisal team came, each member was given a docket with reading material along with a copy of the Evaluative Study followed by screening the video film Haritha Dannvva. By this time I also got the Board of Directors reconstituted with the Directors of the Departments of Agriculture, Minor Export Crops and the two Government Agents of Kandy and Kegalla with senior representatives from the Ministry of Agriculture and the Treasury. I also had an advisory body formed with eminent men like Ray Wijewardhana and Dr Waidyanatha of the University Peradeniya who were experts on appropriate technology and planting and Kapila the first General Manager and Director and also Prof J.M Gunadasa who compiled the Evaluative study. The quality of my team composed of experts in Agriculture, Settlement development and rural Sociology and Provincial Administration impressed the appraisal team and they were convinced that I had a technically competent team to implement a Project of this nature. I also got my team to participate in field visits as facilitators to the Appraisal team. I got the farmers to welcome the visitors with traditional Bulath hurulu and in some places even by putting up traditional pandoles with local materials which they procured from their own farms.

At the end of the three day field visit I hosted the Appraisal Team for lunch at the Kegalla Rest House. While thanking them for visiting to appraise my Project I told them that I am fully convinced that it is a Herculean task to take this Project uphill. I also told them that when I think of the constrains b efore me  and difficulties of taking it uphill it reminds me the famous Dover mail story that comes in Tales of Two Cities of Charles Dickens. I also told them that there were two horses to pull the Dover mail where as there is only one little horse here to pull the NADSA mail; the two horses there had eight legs whereas this horse here has only two legs; the mud on the Dover hill was only natural whereas here it is not only natural but also political, administrative, financial and even psychological in which I am already buried to the neck. However, I told them, I am determined to forge ahead uphill nonstop until I reach the top, even if I don’t get an ounce of American flour or a grain of rice or an ounce of sugar, dhal or Dry fish from WFP. Team leader Arora got up and this is what he said in reply.

Mr Gunasekara this is my fifth visit to this Project. What I have seen this time is something entirely different from what I have seen in my all previous visits. I do not know what magic you have done to make this change and the brimming enthusiasm and hearty laughs seen on the faces of the settlers. You should not have any doubts about your goal. You are already at the top of the NADSA hill and I declare on behalf of the whole team that last night we have unanimously decided to approve your Project Proposal and more over it is not 5 million as you have requested but double that amount”.

At the end instead of 5 Million for five years I requested, they gave 12.5.million for six years after their second visit having seen my video film ‘The Miracle Basket” a short film made by me showing what a Great Change’ the food basket has brought about. At the end of that year my project was hailed as the best Small farm Development Project in Asia funded by the WFP. By end of 1991 the assets of the project went up by millions and the staff increased by hundreds as well as quality of service they did to the people. The vehicle fleet rose up to about 50 including, 6 tractors, a mini bus to transport settles for training in different places  and 48 motor cycles for field officers,.

Incidentally to everybody’s surprise the request for WFP assistance for Kotmale made by Minister Gamini Disanayaka, whose Ministry got 40% of the national budget at that time and who was acclaimed as the Yuva Raja” of the JRJ Government was rejected by the WFP, in spite of the fact that it was heavily supported by the Minister, Secretary of the Mahaweli Ministry and the Chairman of the Mahaweli Authority who was also the Chairman of the ruling UNP.

The Third Phase   

Encouraged by this success I moved on to the next step of my Dream, that is expanding the Project to all the three Provinces around the hill country, Central, Uva and Sabaragamuwa, under the New name Sri Lanka Harita Danau Bim Sanwardhana Madyama Adikariya” (Sri Lanka Hadabima Adikariya) by Gazette 687/15 of 91. Nov.7). The three Provinces together formed one physiographic unit and also correspond with the area covered by the Kandyan Peasantry Commission Report of 1951.

I visualized this expansion with a holistic perspective of development within a broader geographical area covering the entire CP, UVA and the Sabargamuwa Provinces, covering about 1/3 the area of this Island, with an approximate population of 600 000 with the three objectives of,

Firstly, to protect the Central Hill Country, the nation’s mother watershed which I named as the The Geographical Heartland of Sri Lanka” or   Bhuugoliya HADABIMA” of Sinhale to save the entire life system in this country from its extinction and

Secondly, to rectify the historical injustices done to the Kandyan peasants both by the Colonial British and the politicians of the post Independent period by addressing their acute problems like landlessness more fully identified by the Kandyan Peasantry Commission Report of 1951

Thirdly, to solve their economic problems with a Diversified Agricultural Development programme

Fourthly to end the Estate Indian Tamil Problem in this country by opening up mixed Sinhala Tamil settlements in the Project area on land between1000-3500 ft MSL as a model of ethnic reconciliation in this country and

Finally, to retain this land as the LAND of the SINHALA NATION as long as the sun and moon shall last on this planet.

President Premadasa lauds the HADABIMA Programme

Meanwhile President Premadasa summoned me for a meeting at the Presidential Secretariat along with the Minister, Deputy and the Chairman. At that meeting he asked me 3 questions. a) The present position of the Project b) What I propose to do next and c) The assistance I need to implement the programme. My answers to his 3 questions were preceded by a brief description of NADSA at the time of my taking over in April 1986. After listening to my briefing he asked me Why are these Gampola side people so angry with you,” probably referring to the regular objections by the Chief Minister CP Dissanayaka.

Thereafter he explained the importance of this project to those present as I had outlined in my concept paper I had given to him earlier on The geographical heartland of the country” where he quoted my statement that as much as the beat of the heart decides the fate of the man similarly the physical stability of the central hill Country decides the entire life system and the civilization in the entire Island”.  And finally he said gentlemen, as Sudath says this is a very good Project and that is why I have decided to support it.

This was followed by another meeting in the Ministry of Agriculture at Peradeniya presided over by him and attended by the Prime Minister, Minister of Agriculture, Governors of the three Provinces and all the MPP and the GAA of the new Project area. At that meeting after my briefing, I requested 40 million for the expansion programme. After consulting Paskaralingam who was also present he okayed 40 million over the counter, after I told him that I am planning to settle 250 000 families under the proposed new Project area at completion in all three Provinces covered by the Kandyan Peasantry Commission. He then said ‘Sudath I have given you all what you have asked for. Now I want you to start a very vigorous publicity programme”All this happened within 6 years between April 1986 to July 1992.

Alarming bells for local politicians

This rang up alarming bells for the politicians of the area of the ruling UNP. They immediately started their war against me perhaps fearing that I would be a political threat to them as they always thought I was a SLFP man. The Chief Minister Dissanayaka CP rekindled his torch as he had been gunning at me from the day I was appointed, as Director of this Project and soon the doom phase of the Project began to raise its ugly head.

 In no time I was taken by surprise when I found that I had been transferred to the pool with immediate effect within a week after the famous Peradeniya meeting where the President gave me 40 million over the counter for the expansion I proposed without a blink.

This decision of Premadasa not only put an end to the golden period of the HADABIMA Project but it also drew the curtain over the beginning of the dawn of a new era of physical stability, watershed management and a Model Settlement Development programme for the HAERTLAND and a new chapter in socio-economic prosperity, meaningful social integration and human contention and political stability for the whole country.

(But having realized perhaps his mistake, within a month President Premadasa appointed me as the State Secretary to the Ministry of Health after I got him convinced of the dangers of a proposal before the Cabinet for the amalgamation of the Divisional Secretariats and Pradesiyasabha, as the President of the SLAS held at the BMCH in December 1992.  On behalf of the general membership of the SLAS I wanted the President to withdraw the Cabinet paper to be taken up next day proposing to amalgamate the DSS and DCC and to appoint Divisional GAA as Secretaries to the Pradesiya Sabha Chairmen. He also agreed not to appoint anyone outside the SLAS as Divisional GAA as it was proposed to appoint All Island Class 1 Officers as Divisional GAA by his Government.

As I sat down on his left after my speech he turned towards me and said Sudath my congratulations; you made and excellent speech” Next day he appointed me as the State Secretary to the Ministry of Health over the phone. Those SLAS Officers who were there would remember how profusely he thanked me for pointing out the dangers of the proposal and he agreed to withdraw that death warrant on the SLAS. I hope all will agree with me that if not for that timely intervention by me there would have been no SLAS thereafter in this country, thanks to Jolly Somasundaram the architect of that Cabinet paper. That is a different story altogether.

The doomsday of HADABIMA dawned after July 1992

To revert to the original subject of HADABIMA story I will now give you how politicians again killed a golden hen that would have laid not only golden eggs  but even Diamond EGGS for this nation and created a new chapter in Scientific Watershed Management, Water Resource Development, Settlement Development, economic and socio cultural renaissance and finally, brought about lasting political stability to this Island nation by solving the canker that is The Indian Estate Tamil Problem” forever in this country, had my proposal been carried out to its logical conclusion.

The doom day of the HADABIMA project dawned after I left in July 1992. Dharmadasa Banda and Wasantha Udayaratna, the duo, played DR Jekyll and Hyde until D.M. Jayaratna took over as the Minister in 1994.

D M Jayaratna the then Minister of Agriculture appointed one of his close relations H .M Godamunna a grocery shop owner from Gampola at the Doluwa junction wef 1994. 9. 15. This political goon Chairman functioned as the Chairman for 6 long years up to 2002.12. 31. Meanwhile Jayaratna  got the President to appoint a one man Presidential Commission under G.L M De Silva on 1994 Nov 7 to find fault with my period. But to his dismay he found none. On the contrary the Commission Chairman in his long Report hailed the achievements during my period 1986- 1992. Which has gone down as the golden period of HADABIMA Project and also as the only period during which the objectives of the Project were addressed to and even surpassing the original objectives by opening vistas of new development both objectives and development approaches and finally converting it to an internationally acclaimed major small farmer development national project   covering 1/3 of the Island comprising three Provinces   Central, Uva and Ratnapura including 3 Divisional Secretaries Divisions from Ampare District as well, by end of 1992 (Se G.L.M De Silva Report 1995)

Twenty eight years after I left it, today sadly only the name HADABIMA I gave is left. None of the objectives of the original fathers of either the NADSA as envisaged in early 1970s or that broad national vision I conceived and perceived in late 1980s on the enormous potentialities of this important Project for nation building are active there now. Just like most other Government Projects, It also has got reduced to another semi-Government Institution that provides lucrative and remunerative political jobs to satisfy those who pretend to have helped the ruling party at elections to come to power. All this is done at public expense with no contribution at all to national development. The politicians who always put politics first without any concern for nation building, in my opinion are mainly responsible for this tragedy. No wonder the richest country next to Japan in Asia in 1948 has today fallen even below Afghanistan. When are we going to rescue this country from this political mess?

Even after I left in 1992 this Authority functioned under the Ministry of Agriculture up to 2016 but sadly again it went back to the pre-1986 situation and became a heaven for politicians and their unscrupulous henchmen to find employment and enjoy benefits although they had no clue of the basic objectives or the values of this all important national project. They were only concerned in making a fast bug and reaping the harvest of what I had planted enjoying the benefits of their official positions like big salaries and remunerations, official vehicles  with drivers and petrol to attend to all their personal needs, doing nothing for the Project  or the people who pay their salaries. 

It was assigned to the Ministry of Regional Development from 18th March 2016. That enabled Minister Fonseka’s relation and henchman Lalindra Nagahtenna to function from Colombo as Chairman, for whom Fonseka created a new office in Colombo, as the Head office of HADABIMA. Now it has been converted to an all Island Project by the Gazette notification No. 2026/45 published on 07th July 2017. This was done firstly, to cover up financial misappropriation committed by its Chairmen, Board members and even officials in travelling all over the island, outside its area of authority between 1992 and 2017. Because as we know you can’t spend public funds for any work or travelling outside the area of its legitimate operation unless one has the approval of the Secretary of the Ministry concerned to travel or do any special business outside the area of its legitimate authority. Doesn’t this display the scale of corruption and abuse of authority by all those who have handled this Project ever since 1992? These haphazard changes clearly evince the inability to understand the basic objectives of the Project for which it was established in 1978 as NADSA. Political objectives getting precedence over development and creating unproductive jobs for their men and providing more facilities like vehicles and enhanced travelling appear to have overtaken the development objectives of the Project.

They also created a post of Deputy Chairman and allowed him to function from Hambantota as he happened to be a person from that area. That is how they have abused political power and misappropriated public funds and ruined this Project over the past 28 years. Of the 15 Chairmen from 1992 to date there wasn’t a single professional man who knew the job and who had contributed a penny worth of service to the people or the country that has spent billions out of public funds. Of the post 1992 Chairmen one was a grocery shop keeper. Another, a VC chairman and all other political goons either family members of the Ministers at the time or henchmen who carry firewood and water for them, who made the hay while the sun shines. One among them was a defeated politician, a JVP man turned SLFP who held the post of Chairman for ten years enjoying the fruits of my labour and who had done nothing to take forward the vision and mission I introduced in 1991.

Gazette notification No. 2026/45 published on 07th   July 2017 enabling its functions to cover the whole island has brutally killed its original objectives designed to serve a specific geographical area and a specific purpose for very good reasons.

 I have narrated this appalling and sad story to the country in order to bring this to the notice of the President and the Prime Minister and the general public so that they will take suitable measures at least now, before it is completely ruined by unscrupulous political appointees for which the final responsibility will come on the President and the Minister of Agriculture.

 In its long history from 1978 to date it had been run by 15 Chairmen and more than 20 Directors. All the Chairmen were political appointees with no qualification to old such responsible positions and in two occasions defeated at elections with no job. I challenge any one to pick one Chairman out of the whole lot who knew the ABCD of this Project or has planted a single manioc bush for all the privileges and benefits they have enjoyed as Pin Chairmen at enormous public costs. During my whole period of 6 years from 2.4.1986 to July 17 1992, though there were two Chairmen (N.V.K.K Weragoda; Ministry Secretary and Wasantha Udayaratna a defeated politician) it was I who ran the show single handed  with no contribution from them but the support of a very competent professional Board of Directors selected by me consisting of GAA, Heads of Departments, a senior Treasury rep and another Senior Ministry rep and Experts in relevant fields sans any political cogs and converted it to a world class Small Farmer Development Project in Sri Lanka recognized as the best among such in Asia by the WFP in 1991. But to my great disappointment, besides President Premadasa and Lalith Atulatmudali none has recognized the contribution I made to this Project, up to date.

The degree of International recognition of my achievements was further marked with invitations to present two papers on the success story of NADSA in Laos and Bangkok in February 1991 and April in 1993.

The only contribution, rather the service, the Chairmen did during my 6 years was to sign the monthly Board minutes. Other than that they only physically presided over the Board meeting, enjoyed the tea in addition to collecting their Board payments, salaries and other stipends of office. Regarding the Directors I really do not know how they worked with these illiterate political goons. But one thing I know very well is none of them have been able to at least maintain the levels to which I had brought this Project apart from doing anything creative and beneficial to the settlers or the country. I now understand the present Government has appointed another political pick who has no understanding of the Project. It is strange that this was the man who was appointed as Chairman for I year term (2004-205) by Anura kumara Disanayaka of the JVP.

However I must make it very clear here that I am not asking for a job by pointing out these blunders.  I am only requesting the President to rescind the 2017 gazette on HADABIMA and confine its activities to the project area defined by the 1991 gazette and appoint someone who can understand the ABCD of this Project. In the process, if the President cannot find a suitable person I am prepared to take over HADABIMA as it’s Head as the founding father of this wonderful Project. In the event the President wants my services, I shall work WITHOUT a SALARY with full commitment, dedication and determination until I put it back on its wheels as I  had dreamt in late 1980s within 2 or 3 years the most and I shall make it the best development Project in this country and a model public enterprise by paving the way to realize the following objectives within five years, after training a likeminded team of true public servants in the sphere of District and Divisional Administration within the Project area with maximum public participation in development and make history in the development annals of post independent era of this country in people centered development, for everyone to see as to how a public institution should be run under Sinhala Buddhist ethos and perception for the benefit of the many and for the happiness of the many.

1 Get all the land above 5000 ft. declared as a strictly prohibited National Forest Reserve, a Thahanchi kele as it was done by our ancient Kings

2 Get the HADABIMA (> 1000 ft. MSL) protected as the Nations Heart to guarantee that the life system and Civilization in this country is not endangered and it will last as the sun and moon shall rise over this land.

3 Get 250 000 self-sustained farmer families settled within the Project area on 2 ½ acre model farm lots

4 Obtain WFP Food assistance for 6 years, under the motto, Food for Development” to sustain these farm families, (as I did from 1991-1992) until they are on their own feet

5 Draw up a programme to cover the entire HADAMIMA with natural forest and Agro forests (Kandyan Forest gardens below 3500 ft) to arrest soil erosion and land degradation endangering biodiversity and to make all streams perennial

6 Once again restore the Central Hill Country as the nation’s biggest natural reservoir”, and the best hideout in the country and make all the 103 rivers starting on these hills perennial, increase water flow in all the rivers and minimize flood and silting in downstream areas and make at least the major rivers like Kelani (up to Yatiyantota rapids as it had been before 1815) and Mahaweli and Kalu ganga as in ancient times

7 Make Sri Lanka self-sufficient in Hydro Electricity, minimizing dependency on thermal power and if possible make it a Hydro Power exporting country.

8 Make Sri Lanka a water exporting country in future as I have stated in my paper on Vision and Mission on Water Management” in Sri Lanka. (in the Island 17th Monday 2018)

9 Rectify all the historical injustices done to over 600 000 Kandyan peasants by the British and all Governments since the so-called Independence in 1948

10 End the all- important pestering Indian Tamil problem in the hill country by establishing Sinhala-Tamil mixed settlement schemes below 3500 ft. MSL with the final goal of integrating all of them under the Nehru/Kotalawala Agreement of 1954 with the main stream, as full citizens of this country and stop an Indian Tamil Malayadu being formed on the nations geographical Heartland.

11 Get a band of 1000 youth male and female organized to implement this programme voluntarily over a period of 6 years until its completion.

12 Persuade the Government to enact laws to implement this programme effectively and severely punish those who violate them.

 As the man who resurrected a once dead and buried project (NADSA) between 1986-1992  that was rejected, discarded, blacklisted and money withdrawn in early 1980s by the World Bank and decided to close it down by end of 1986 for political and management failures, I am deeply concerned and agitated by the present sad plight it has fallen in to. After resurrecting it from its abysmal depths and scratches during a short period  of 3 years, I gave it a new lease of life, even before the golden period of this Project emerged between 1989-1992 with WFP assistance. Lalith Atulathmudalai the then Minister of Agriculture on his first visit in Dec 1991 to this Project described it as the best small farm project in Sri Lanka at that time, incidentally which he described as the best example in the whole world where the poor is made poorer’ just one month before that date at a Heads of Departments meeting held at the ARTI. The WFP followed suit by naming it as the best small farm project in Asia in 1992.

Having resurrected this dead Project from its grave by awakening a set of utterly disappointed and dejected 35,000 farmers to a highly motivated group of farmers with new hopes, I got 12.5 US$ million grant from the WFP and fed them three meals a day for six years, (that is 2.5 billion meals) from 1991—1992, with the slogan Food for development”. Coupled with a vigorous development plan I uplifted the standard of living of these men and women amidst immense political obstruction from the ruling UNP and got its area of authority expanded to cover the entire CP, UVA  and the Sabaragamuva provinces in 1992, in spite of the objections by the Minister Dharmadasa Banda.

As the first man who pointed out the crucial dependence of the Island’s entire life system and its civilization on the physical stability of the Central Hill Country, as its ‘GEOGRAPHICAL HEARTLAND, and proposed a foolproof proposal to save the HADBIMA with the lessons learnt from large scale deforestation done by the British and subsequent destructions done by our own politician since the so-called Independence, I am deeply grieved the way this Project had been destroyed and vandalized by native politicians and their stooges from 1992 to date for political expediencies.

 None of them had brain to understand the crucial role of the HADABIMA for the survival of a nation and the need to protect it for the next generation. None of the Chairmen under both UNP and SLFP regimes during this period (1992-2020) also had the capacity to understand the real value of this important Project and none has done a penny worth thing to protect it. All of them are either defeated politicians or political bats who change their party affiliations with every election and creep  in to these positions just to collect the money they spend on candidates and rob these institutions. They all have only enjoyed the benefits of office inherited from my perilous effort for six years. Beside mismanaging it and enjoying the benefits at public expense they have killed a hen laying golden eggs and also made it unmanageable and unrealistic by expanding its activities to areas outside its legal operational area of the three Provinces set by the Sri Lanka Hadabima Authority Act of 1991, which I got passed in spite of Minister of Agriculture Dharmadasabanda objecting to it openly. Most of the Chairmen with the exception of one or two have robbed and destroyed the project proving the famous Sinhala saying Uran kekeuna talapuwama Hamban kukulanta magul”

This illegal expansion they did by Gazette notification No. 2026/45 published on 07th July 2017 firstly, to cover up their gross financial misappropriations done for 25 years since 1992 to 2017, running about all over the country like Hambantota in the extreme South and Vavuniya in the North, outside its legal area of operation and secondly, to justify new recruitments loaded to the cadre for political favoritism.

One last appeal to the President

In this appalling backdrop I earnestly appeal to the present President

First to appoint a professional, keeping with his election promises, who can understand the lofty objectives of this Project and who can carry them to their logical conclusion and

Secondly, to appoint a Presidential Commission to inquire in to the misdeeds of all Chairmen of this Project from its inception in 1978 to date to at least learn a lesson, if he does not want to punish the rogues, as to how a public Institution should be run profitably for the benefit of the nation and what type of people should be appointed to Head them. So that   the findings could be used,

Firstly, to use it as a case study as to find out what really ails all public Corporations and Authorities in this country and why almost all of them have failed to fulfill the original purpose of creating them in order to reduce delays or circumvent bureaucratic barriers like ARR and FRR as the vocal politician envisaged when they were created in early 1960s.

Secondly, to find out as to how a public Corporation/Institution could and should function to serve the people

Thirdly how could they be run profitably so that they want be a burden to the national economy and how could they be converted to be engines of growth.

Finally, why all these public Corporations and Statutory Bodies have failed to fulfill their targets and what remedial measures the Government must take to rectify these deficiencies and convert them to lay golden eggs.

(I suggest this paper could be used as the first presentation at the opening session of  the proposed Presidential Commission)

Dr. Sudath Gunasekara (SLAS) Retired Permanent Secretary to Prime Minister Sirimavo Bandaranayaka, President Sri Lanka Administrative Services Association (1991-1994) and President Mahanuwara Sinhala Bauddha Jesta Puravesiyange Sanvidhanaya.

Dr. Sudath Gunasekara (SLAS) retired Permanent Secretary to Prime Minister Sirimavo Bandaranayaka,  President Sri Lanka Administrative Services Association (1991-1994) and President Mahanuwara Sinhala Bauddha Jesta Puravesiyange Sanvidhanaya.

Stop the wanton destruction and devastation of the HADABIMA (Central Hill Country) of the Motherland immediately and get every man, woman and child to protect it as  his or her own heart and also  observe the concept as a RELIGION” in this country to save the Sinhala nation and the country’s unique civilization.

Abstract

This paper deals with the crying need to save the nation’s HADABIMA from the ongoing haphazard and wanton destruction and devastation carried out there in the name of development and reconciliation, to save this country from virtual extinction, both as a nation and an island suitable for life.

It is discussed under the following headings to make it easy for the readers to comprehend. 1 What is the concept of HADABIMA (the Central Hill Country) and what is its critical role in sustaining the entire life system and the civilization in this country. 2 The wanton destruction and devastation done there in history and at present in the name of development and ethnic reconciliation. 3 The serious consequences it will have on the country’s water resources, quality of land, climate, entire life system and civilization in the Island in the long run. 4 What should be done to arrest this criminal devastation and finally 5 An appeal to the Government and the whole nation to protect it as your own heart and observe the concept as a religion?

1 What is the concept of HADABIMA (the Central Hill Country) and what is its critical role in sustaining the entire life system and the civilization in this country? 

 I use the word HADABIMA in this paper to call the Central Hill Country of Sri Lanka as I have named it in 1991, which I have explained below. All land above 1000 ft above MSL in this country is called the HADABIMA of the country for the purpose of this discussion.

The origin of the HADABIMA concept and why I call the Central Hill Country The Hadabima (Heart Land) of the Nation”.

I named this as the HADABIMA of Sri Lanka in 1991 on three counts when I was the Executive Director of NADASA project. Firstly, its physiography, that resembles a heart flanked by two lungs on either sides, as shown in the diagram given below. Second, it’s geographical location right at the centre of the Island and third, its functional correlation with that of a blood circulatory system in a human and the Hydrological cycle as shown in Fig 2  

This perception first occurred to me with my familiarity with the peculiar physiography of the Hill country and its relationship to the general lay out of the Islands landscape and the unique radial drainage pattern that has a commanding grip over the entire Island and its critical role in the story of sustainability of the entire life system in the country as a student of Geography. My baccalaureate training in Geography at the University helped me to first visualize the analogy between the broad physiography of the central hill country with its two outliers, the Knuckles ranges on the North East and Rakwana Hills on the South West. Actually one day this happened by accident as

                                                Fig 1

Source: Sudath Gunasekara 1991

I turned the physiographic map of the central hill country 15 degrees clock vice. After that I superimposed a drawing of the heart flanked by the two lungs on it and thereafter looking at the blood circulatory system in a human with that of the hydrological cycle (Fig 2) I found a jig saw fit between the two diagrams and the circulatory processes that enabled me to draw a close analogy between the overall morphology of the central hill country and its functions with that of a blood circulation system. Further insight in to the functions of a human heart to the physical functions of the Central Highlands revealed me a close correlation between the two.

Thereafter I visualized the Islands river system as the arteries that perform the function of blood circulation in a living organism. In this case I visualize the river system as the arteries that keep the hydrological cycle going as I have pointed out in my original concept paper on this subject that was published in the Island paper and Lankaweb Dec. 2. 2017. with full details. As I have sated there, in closer examination ”as much as the beat of the heart decides the fate of a man, similarly, the physical stability (beat) of the central hill country decides the fate of the entire life system and the civilization of this country”. Therefore, the crying needs to protect the Sri Lanka’s geographical Heartland at any cost to sustain the entire life system and the civilization in this country.

All 103 rivers of the Island that provide water to sustain the entire life system on this land, agriculture, industry and hydro power and human civilization have their sources on these hills, supported by the forest cover that protects their physical stability. If the forests are not there, there want be any rain and the rivers will cease to flow. If the rivers go dry at their sources they will go dry in their entirety and the whole country will end up as an uninhabitable sterile desert. As much as the man dies when the heart stops, similarly on the day the physical stability of the central hills is gone the entire life system of the

                       (Map 1)

Source: Hydrological Survey Department

Island will disappear from its surface. It is in this context I argued for the crying need to protect the central hill country like the heart of our nation as this is the only watershed that provides water for the whole Island. This is a unique situation in the whole world. Therefore the need to protect it as the nation’s heart, you will agree, is a matter between life and death and survival for this nation.

The Central Hill Country also provides the source for all the rivers in the Island. Out of a total of 103 rivers, nearly forty have their sources directly on these high watersheds. Even the other streams in the Island owe their origin and the courses to the broader foundation of land forms set by the underlying geological structure of the central high lands (Map 2). Draining down the hills and the coastal lowlands all around sculpturing the landscape and feeding the whole country with their bountiful water resources, the rivers form the live ‘veins and arteries’ that keep the Islands entire life system alive. 

         (Map2)

Source Sudath Gunasekara 1991

The rivers transport the excess water that falls from the heavens together with the water released by the sub-surface in to the high seas. The forest cover and the sub-surface absorb part of the rainfall. The forest cover and the water bodies also transfer a part of the rainfall received by them back to the atmosphere by way of evapo-transpiration. Together with what is evaporated from the ocean the same rain water that falls from the heavens thus returns as rain through the process of evaporation and precipitation activated by solar radiation and atmospheric circulation. Once again the excess water is transported back to the seas by the rivers. This we call the hydrological cycle (Map 3).

               Map  3

Source Sudath Gunasekara 1991

As I have already pointed out in my concept paper discussed in more detail referred to on page 2 above as much as the beat of the heart decides the fate of the man the physical stability (the beat) of the central hill country decides the fate of the entire life system in this country and finally the sustainability of its civilization”   This danger calls for the immediate arrest of this devastation of the HADABIMA of the nation by human intervention.

This is why I say that the importance of the HADABIMA (Central Hill Country of this Island) in maintaining the survival of the entire life system and the civilization of this Island nation and the protection of which should be observed as a RELIGION” in this country and that it also should be inculcated to every man, woman and child in this country and taught in all schools and Universities in this country, throughout its history

It is with this broad national objective of protecting this cyclic natural phenomena, I call upon the nation to give top priority to protect the physical stability of the land above 5000 ft MSL as a strictly declared reserved and protected forest and limit all human settlement strictly to land below 3500 ft as it was done in the ancient times. If you take a look at Kotmale, Welimanda and Mandaramnuwara settlements you will see the wisdom of our ancient Kings. They never allowed any settlement above this level.

In the days of the Sinhala Kings all lands above 3500 ft MSL and even the Udawatta Kele behind the Senkadagala pura (that is only about 1000-1050 ft above msl), were declared as Thahanchi kele (strictly reserved and prohibited forest) by Royal decree, where any felling, collecting timber or forest produce or even firewood, digging, mining, hunting, encroaching or settlements were strictly prohibited, violation of which entailed serious punishment. There were only 3 isolated settlements on record in ancient times that reached even 3500 ft elevation as stated above. They were Kotmale (the oldest BC), Welimanda (early medieval period (7thC AD to 13^th C AD) and Mandaram Nuwara a small settlement opened up during the Kotte period to temporally settle King Rajasinha’s band of Hindu priests. That was how the ancient native patriotic Kings who knew their history and geography of the land and who loved their motherland (in contrast to the present day unpatriotic and self–centered and vote hunting rulers elected by the people called politicians), jealously protected the nations prime watersheds. That is how they guaranteed the all-important physical stability of the central hill country that acted as the biggest natural reservoir of the nation and the main life giving agent of the whole country and that provided the source for the country’s entire network of rivers and made them perennial and guaranteed the un-interrupted supply of water resources for a bountiful agrarian society throughout history, unlike the present day politicians, who are a direct product of the colonial rulers and who are only carrying out the colonial agenda for their masters in England.  

2 The wanton destruction and devastation a) done there in history and b) at present in the name of development and ethnic reconciliation.

The devastations done in history

Large scale unlawful criminal devastation and wanton destruction of the millennia old forest cover and the environmental harmony in the hill country was first started by the Colonial British planters in mid-19th century after taking over all reserved forest and our ancestral lands by force under the Land Encroachment Ordinance No 40 of 1840, the Temple Land Ordinance of 1853 and finally the Waste Land Ordinance No 1 of 1897. Opening up of the central highlands by removing the forest cover amounting to about 600 000 acres of virgin forest going up to 8000 ft above sea  level was the first crime they did. The land so opened up for coffee and tea includes not only farmsteads and paddy fields of peasants but also temples and Devala lands. Coffee and Tea plantations was started under these colonial invasion to enrich their coffers in Britain at the peril of our motherland, while the displaced ancestral legal owners of these lands were desperately looking up helplessly from the valley bottoms as to how the invaders were destroying their reserved forest and farms and hena lands and how they are being converted to coffee and later to Tea plantations sprawling all over these highlands. (Read the writings by Moire, (1889) Le Mesurier, Samuvel Baker (!885), F.D. Vincent, PM Lushington, and Kelani Valley Railway Commission Report (1894) for more details)

This devastation was followed by construction of roads and railway lines cutting across mountains all over the highlands and constructing factories and buildings to house the million odd Indian slaves they brought from South India to work on the plantations, who have today apparently become the de facto owners of these lands mainly due to the fault of the politicians who were supposed to have ruled this country since Independence up to date. The fact that the proposed Act for the Kanda Udarata Urumaya Surakime Authority has made it compulsory to obtain the concurrence of the Minister in charge of the Subject of Hill Country Village and Infrastructure Development (who is always an Estate Tamil)  further proves this point.

 Nationalization of Sterling Estates with land reforms in early 1970s followed up by the neglect of most of those estates dawned a welcome period of returning most of these lands in to natural forest as predicted by  John Still, a planter and an antiquarian (1930).  But that hope and the dream are now gone forever in the light of the ongoing land alienations and the settlement projects implemented by the Hill Country Village Settlements and Infrastructure Development programme started by the last Government under the Hill Country Village and Infrastructure Development Ministry (created only for Estate Tamils) with huge Indian and other foreign aid packages even going up to almost 8000 feet above Sea level. If we fail to arrest this Indian neo-colonial invasion on the heartland of the motherland of the Sinhale immediately, that will speed up the swan song of a once glorious Sinhala nation and the country as a whole.

b) The haphazard and wanton devastations done at present

The Yahapalanaya Government started a large scale housing program on this land under a Ministry called The Hill Country New Village and Infra structure Development Ministry” under the direction of the Indian Government funded by India and other foreign agencies like the Asian Development Bank. This process include house building and providing other infra- structure facilities like  land, roads , water  supply schemes and other facilities like schools, hospitals and  community centers.

All these activities involve removing the existing vegetation, (tea and forests) and digging and disturbing these  highlands and exposing such open land to elements of weather resulting in heavy soil erosion and serious land degradation, landslides and gully erosion on these fragile and steep lands and heavy floods and river silting in the downstream lowlands leading to human misery there.

In this backdrop, Just imagine the scale of the danger and the crime of Building 63,000 houses, as it is being done today, on this HEARTLAND of the nation on the fragile steep slopes going up to 7700 ft MSL haphazardly and settling an army of Indian Tamils who consider India as their motherland and have both their hearts and minds firmly rooted in India, with no love what so ever for this country and are scheming to build up a Malayanadu on the HEARTLAND OF THE SINHALA NATION”, right at the center of this country. The latest report in the press is the decision to hand over 300 acres to squatters in the Pidurutalagala reserve.

The following news item also further highlights this criminal devastation that is going on in the nation’s heartland

Indian invasion

India hands over 155 houses in Bridwell, Bogawantalawa, Hatton

25 February 2019 00:00

In a special ceremony held on 24 February, at Bridwell Estate in Bogawantalawa, Hatton, 155 houses built under the Indian Housing Project were handed over to the beneficiaries jointly by Prime Minister of Sri Lanka Ranil Wickremesinghe and High Commissioner of India to Sri Lanka Taranjit Singh Sandhu in the presence of Minister for Hill country New Villages, Infrastructure and Community Development Palani Digambaram.

The information given below further shows the numerous agencies established for the benefit of the plantation sector

The Plantation Human Development Trust (PHDT) was first established on 18th September 1992 as the Plantation Housing & Social Welfare Trust (PHSWT) and incorporated in Sri Lanka under the Companies Act No 17th of 1982. The Organization was later re-named as the PHDT on 10th Oct. 2002.

The PHDT is a Tripartite Organization consisting of the Government of Sri Lanka (GOSL), Regional Plantation Companies (RPCs) and Plantation Trade Unions (TU) formed by the GOSL to implement social development programmes to enhance the quality of life of the one million Plantation Community in the Estates managed by the RPCs.

The PHDT functions under a Board of Directors comprised of representatives from the GOSL, RPCs and TUs spearheaded by the Director General who is supported by Internal Directors, Heads of Divisions, Management and the staff attached to the Main Office in Battaramulla. The Main Office team is strengthened by seven (7) Regional Offices located in the Plantation areas with Regional Directors, Management and staff in every office to implement the many initiatives undertaken by the PHDT to improve the quality of life of the Estate worker.

Our Vision Our Mission Values Quality Policy

 Our Vision

To be the leading human development Organization trusted for excellence, providing sustainable development programs to continuously improve the quality of life in the plantations”       

Our Mission

To improve;

* Integrated services beneficial to plantation sector and its environs

* Social economic and spiritual well being

* Knowledge and self-confidence

* Occupational health and safety dimensions

* Talents and capabilities of the beneficiaries by bench marking against the best practices

* Productivity of the sector”

Values

We will adopt an open door policy

We will ensure equity and fairness to our stakeholders

We will make people feel valued and demonstrate integrity

We will promote our team work through dedication and active listening

We will work and achieve our objectives as one family

We will ensure the stakeholder satisfaction through our dedicated activities

Quality Policy

We as an organization facilitating services to the Plantation sector are committed to;

Ensure that our organization be customer oriented in providing a quality service and enhance the quality of life in the plantations while adhering to the applicable guidelines and regulations.

Motivate our staff by developing their skills and competencies whilst promoting teamwork.

Use ISO 9001:2008 standard as our guideline to continuously improve all our activities and function

Available information on some of the housing projects is given in the table above. You will notice that some of these houses are built on land above 7700 feet msl. Also notice how houses are built in clusters like urban ghettoes where enormous social problems are bound to arise in the future.                                                                                                                                                                 

Looking at the way how haphazardly these projects are carried out by India under the directions of Indian High  Commissioner, completely disregarding the long term environmental disasters that are bound to arise both in the hill country and the lowlands and ignoring the authority of the Government of the country one wonder whether the central hill country has already been vested in the Indian Government by the Sri Lankan Government? The Indian Government in collaboration with the Tamil politicians representing the plantation areas decides what land to be taken over and where the houses are to be put up and where the roads are to be constructed. Only after the completion is over the local politicians including the President, Prime Minister and the Minister of lands and sometimes even the Finance Minister and local Government Officials like the GAA and DSS are invited just to witness how the Heartland of the nation is ‘vested in the Indians” and are being vandalized and destroyed by these Indian elements. Looking at this crazy drama I begin to wonder whether the Central Hill Country and its surroundings have already been handed over to India by the Sri Lankan Government? Also I begin to wonder whether there is a Government in this country at all concerned with the future of this Island nation. No one seems to be least concerned no politician or national leader and not even the press about the impending ominous dangers and the disaster looming before the nation.

I am also greatly surprised as to why none the NGOO so vociferously campaigning for Wlpattuwa in the coastal low lands speak a word about this wanton devastation that decides the survival of the entire life system and the destiny of the civilization of the whole Island, going on for decades on the nation’s HADABIMA right at the center of the Island. I kindly invite the immediate attention of people like Rev Pahiyangala Ananda Sagara and national papers like Divayina and Mavbima to draw their immediate attention on this most important tragedy. As for me I consider this issue as the top most crisis our country is facing today.

3 The serious consequences of this ongoing wanton destruction will have on the physical stability of the country’s HADABIMA its forest cover, water resources, quality of land, climate, entire life system and the civilization in the Island in the long run.

The serious consequences it will have on the country and it’s entire life system in the long run, its climate, water resources, quality of land, life system and civilization are disastrous This aspect seems to have been completely ignored by the government in the name of a political day dream of ethnic reconciliation for their illusive votes.

4 What should be done to arrest this criminal devastation and finally an Appeal to the Government and the whole nation to protect it?

What should be done to arrest this criminal devastation?

 Assuming the latitudinal position of this Island and the global climatic conditions will remain unchanged and therefore the annual rainfall pattern will also remain constant and the present weather pattern will remain unchanged the above changes taking place on the hills of this country has to be seriously noted as a very big threat not only to its future survival as a nation in future but also to its immediate effects on political, social and economic spheres arising from droughts, landslides, floods, ethnic conflits and social tention.

4 What should be done to arrest this criminal national devastation?

I propose the following steps are taken immediately to arrest this national devastation

1 Stop the all ongoing land alienation, housing Projects and all infra -structure development activities in the hill country in land above 3500 ft MSL immediately

2 Disband the Ministry of Hill Country Village and Infra structure development Ministry (A Ministry set up only for estate Tamils, a gross discrimination against the native Sinhalese and a violation of their fundamental rights and Human rights as well) forthwith and all other agencies such as The Plantation Human Development Trust (PHDT) as they are set up to confer special privileges to Plantation sector people of Indian origin as it constitutes a blatant discrimination  against the fundamental rights of the native Sinhalese bhoomiputras.

3 Declare all land above 5000 ft as strictly reserved and protected Forests and remove all settlements above this elevation (may be except the Nuwara Eliya Town)

4 Also remove all settlement above 3500 ft MSL and prohibit any human settlements above this limit, except the Tea factories and allied buildings. The land between 3500 ft and 5000 ft msl may be confined to large scale plantations managed by State agencies such as STPC and JEDB

5 Settle all displaced Tamils who get qualified to be citizens of this country only under the Nehru/Koyalawala Agreement of 1954 and landless Kandyan peasants in mixed settlement schemes of 2 ½ acre farm lots on land between 1000-3500 msl  (all other  Enactments regarding Citizenship to these people  must be repealed forthwith)

5 An appeal to the Government and the whole nation to protect the HADABIMA as your heart and observe the concept of HADABIMA as a Religion and include it as a subject in school curriculum from Grade 1 in school to University final Degree level.

In the name of the motherland and the Sinhala nation, I earnestly request the government and all those in authority to inculcate this message to every man; woman and child born in this country as a top priority, lest the Heartland of the nation is converted in to a sterile barren desert with no trees, no rivers, no water, no soil, making the whole Island a barren sterile desert without any life.

The concept and the subject of the HADABIMA” and its critical role in sustaining the entire life system in this country and its civilization should also be included in school curriculum as a compulsory subject from kindergartens to University Degree levels in order to build up a strong nation that fully realizes the critical importance of protecting the Central Hill Country for the future survival of the entire life system and it’s civilization of the country for posterity. This should be followed by a nationwide vigorous publicity campaign to create a lasting awareness among its people on the crying need to protect it at any cost.

That in essence is the importance I assign to the need to protect the HADABIMA of Sri Lanka, the Geographical Heartland of the nation, lest it is completely destroyed beyond recovery by vote hunting self-centered and unpatriotic Sinhala politicians and communal minded Estate Indian Tamils who are dreaming an Indian Malayanadu right at the center of this country and therefore the need to protect it as you protect your own heart.

I must very clearly state that this clarion call for the nation has no ethnic, religious, racial, linguistic or political overtones. Its prime aim is to stop this gift of Nature to humanity being converted to another sterile hot desert like in Africa or some Middle East countries and finally to stop the extinction of civilization on this legendary land.

This open letter calls all patriotic people to launch a vigorous nationwide agitation campaign to make this dream a reality in the name of posterity. This appeal is made in the backdrop of the alarming manner in which the Central hill country (THE HADABIMA) of this Island nation is been parceled out and destroyed by a group of both Tamil and Sinhala shortsighted politicians who love their votes than they love their country and also who have no understanding of the geography and the history of this Island nation.

This destruction programme is carried out with explicit vicious International involvements headed by India through the ongoing programme of housing and land alienation for estate Tamil labour, started by the previous Government and continued by the present as well. Under this programme both marginal and productive tea lands going up to almost 8000 feet above sea level on highly critical and environmentally sensitive area are being currently destroyed haphazardly in large scale by disturbing the mother earth to  build mono-Indian Tamil villages on fragile and steep slopes without any approval from the CEA or the NBRO.   Few examples are given below for the readers to understand the scale and magnitude of this destruction right at the Heartland of the nation.

 I also learn that neither the Government Agents nor the Divisional Secretaries of these regions, who are supposed to have legal authority over crown lands within their Districts and Divisions have any say beside having any control, over these land alienations and house construction programmes carried out, disregarding the law of the land. Watching this criminal devastation one begins to wonder whether the nemesis of this Island nation is already come to our door steps. In addition to the dangers paused to the physical stability of the heartland such as exposing the critical lands to serious soil erosion, land degradation and landslides on the upper reaches and other eminent calamities like silting of the rivers and recurrent flood havocs in the downstream areas causing human misery have never been evaluated..

In my opinion the importance of the protection of the Heartland should be inculcated , I repeat, to every man and woman starting from the President of the Republic to every school going child in this country if we want to preserve this beautiful land for posterity. In that context the message of the value of this Project and its objectives should be passed down to every man, woman and child. I strongly believe the protection of the Hill Country, the geographical HEARTLAND of the nation, is the golden key to our future survival and prosperity of this Island nation. It should be taught to everybody in schools and universities to be observed as a RELIGION”, in this country, I demand.

As you will agree, more trees on the Hill country means more rain, more water, less erosion and less land degradation and better soil, better physical stability with their anchoring root systems, more waterfalls, more hydroelectricity, more industries and more agriculture, more bio diversity, more flourishing paddy fields, more food,  more people and more prosperity.

In the event the Government does not take immediate action to Protect the Island’s HADABIMA as I have suggested, I predict all the devastation I have outlined in this paper will begin to appear before the passage of another ten years.

My Dreams  

I had three dreams in my youth. They were

1To become a DRO – conceived at 10+10 months years

2 To marry my first love Ira conceived at 15+3 months

3 To develop my village with a trans-basin irrigation canal to Meemure oya from  Naranatte Ela on the other side of the hills (I conceived when I climbed the Kalupana peak (5341) in August 1959 and stayed night on its top)  – the Head stream of Kaluganga  on the other side of the Kalupana-Lakegala ridge,  building two reservoirs at 1) Dalukgolla  and 2) Wekade and two irrigation canals from Dalukgolla (R&L banks) and  a motorable  road to my village- conceived at 21 years and finally

The fourth conceived at the age of 48 years as the Director of NADSA  

4 To protect the HADABIMA (The Central Hill Country of the Motherland) to save the entire life system and the civilization of my Motherland.  

By now the first two have come true and the other two, still dreaming but I am, determined to be done at least before I die.

References

1.            Professor Kularatnam K. (1954) The Face of Ceylon’ 9th Association of the Ceylon Advancement of Science

2.            Mackinder, H.J. Democratic Ideals and Reality. Washington DC. National Defense University Press 1996 Pp175-194.

3.            Wikipedia, The True Encyclopedia-Jump to Navigation Search

4.            Huntington Samuel, Clash of Civilization and the Remaking of the World Order 1997.

5.            Gunasekara Sudath. The Central Hill Country; Geographical Heartland of Sri Lanka. Concept        Paper. 1991

6.            Gunasekara Sudath Indigenous Technology and Sustainability of Peasant Agriculture in Sri Lanka                                                 my        PhD Thesis

7           Maddumabanda,  C.M. ( 1984) ‘Mahaweliya Saha Sinhale Hadabima’  Vol.1 Mahaweli Vansaya

Courtesy The Island

February 29, 2020, 12:00 pm

Foreign Relations Minister, Dinesh Gunawardena said that notwithstanding Sri Lanka’s withdrawal from the co-sponsorship of the UNHRC resolution, the government is committed to achieving accountability and human rights within the framework of the Constitution towards sustainable peace and reconciliation through the appointment of a domestic Commission of Inquiry.

During a meeting with UN High Commissioner for Human Rights, Michelle Bachelet in Geneva on Friday, the Minister, who led the Sri Lanka delegation to the 43rd Session of the UN Human Rights Council (UNHRC), assured that Sri Lanka will implement policies rooted in the government’s commitments to operationalize the Sustainable Development Goals (SDGs), and by continuing to work with the assistance of the UN and its agencies.

He noted that the existing reconciliation mechanisms established by Acts of Parliament such as the Office on Missing Persons and the Office for Reparations will be continued, with appropriate adaptation in line with the government policy framework.

High Commissioner Bachelet thanked Minister Gunawardena for his participation in the High-Level Segment of the UNHRC. Regretting Sri Lanka’s withdrawal as a co-sponsor of the HRC Resolution on Sri Lanka, she appreciated the government’s assurance to the UNHRC of its continued cooperation with the Office of the High Commissioner and UN bodies, and the observations on the Office on Missing Persons and the Office for Reparations.

Minister Gunawardena reiterated the government of Sri Lanka’s decision to withdraw from co-sponsorship of resolution 40/1 and the basis for doing so. He recalled that, one year ago, his predecessor, the former Minister of Foreign Affairs, had also pointed out a number of areas in the resolution that were undeliverable.

The Sri Lanka delegation shared its perspective on a number of areas, including the need for closure, adequate funding to reconciliation measures, shortcomings in the former Counter Terrorism Bill and the government’s intention to undertake a review of the Prevention of Terrorism Act (PTA) with a view to proposing necessary amendments to its provisions.

The High Commissioner also engaged the Minister and delegation on the challenges faced in dealing with the interface between freedom of expression and the prevalence of hate speech and abuse of social media, technology and human rights and environment and human rights.

State Minister of Public Administration and Home Affairs Mahinda Samarasinghe, Foreign Secretary Ravinatha Aryasinha, Additional Secretary to the President Admiral (Retd) Jayanath Colombage, Senior Deputy Solicitor General Nerin Pulle, and Acting Permanent Representative to the UN in Geneva Dayani Mendis were associated with Minister Gunawardena at the meeting.

Director General of the UN and Human Rights Division of the Ministry of Foreign Relations M. R. K. Lenagala, Senior State Counsel Kanishka Balapatabendi, Brigadier E. S. Jayasinghe from the Ministry of Defence and Coordinating Secretary to the Minister of Foreign Relations Subash Sri Wijethunga were also part of the Sri Lanka delegation to the 43rd session of the HRC.

Courtesy The Daily Mirror

A statement is being recorded from Criminal Investigation Department’s (CID) former ASP B.S.Thisera over the previous investigation into Dr. Shafi Shiyabdeen, police said. It was reported that the ASP had returned a harddrive, which was taken to custody, to Dr. Shiyabdeen. It has been later found out that the content of the harddrive had been deleted when a new investigation was launched into the incident.

By Piyumi Fonseka Courtesy The Daily Mirror

Mushrooming of apartments, buttressed by corruption, creating infrastructure nightmare for Colombo

Colombo’s skyline is rapidly changing with apartment constructions that cost millions of dollars. But, are they complying with planning and construction regulations? An investigation by Eye has revealed violations in planning and construction of apartments in the Colombo District, which have become far too commonplace.   

Outdated legislations and policy guidelines, we discovered, are the main reason for this alarming trend. The situation has also led to corruption creeping into the system, increasing negative social impacts and safety risks to the community.   

Violations of rules and regulations

Eye is in possession of an audit report inspecting a total of 37 apartment complexes in the Kotte-Sri Jayawardanepura area, compiled by the Urban Development Authority (UDA) in 2017.   

According to the report,

The audit report exposed a number of projects which have violated building by-laws. When Eye inquired, it was found that neither the UDA nor the Kotte Municipal Council has done any follow up to pressurize certain developers to pay the penalty and resort to regularization.   

With no central authority to review construction, the result is the creation of the densest urban sprawls with structures facing one another only a few feet apart mainly in Dehiwala – Mount Lavinia and Kotte-Sri Jayawardenapura areas. Let’s take a look at a few major cases that took place recently.   

Rajagiriya

A group of residents living off Buthgamuwa Road, Welikada, Rajagiriya, are raising voices of dissent, against an Indian luxury apartment project. The residents claim that the construction site of which they said the approval and clearance process had several hitches, has posed severe threats to their safety and welfare. They demand to know whether this is the ‘price’ they have to pay in exchange for development.    

Following a RTI filed by residents, it was discovered that a private road was converted to a public road in order to give access to the luxury condominium under construction. They also complained that they were greatly disturbed by deafening construction work which continued into late night. A host of other issues were revealed about the construction site, including the illegal filling of a marsh and building an unauthorised bridge as the main access road to the project.   

Retired Col. Vikum Siriwardana, one of the affected residents said, We demand that development is carried out according to the law and in a manner that doesn’t hinder residents. We urge the government to put an end to these illegal practices and to carry out development initiatives in a planned manner.”   

Mount Lavinia 

Residents in many coastal roads in Mount Lavinia including Lilian Avenue, Mount Avenue, Simon Abeywickrama Avenue and Hotel Road speaking to Eye said that they were experiencing problems due to apartments spouting next to their residences. Their problems included lack of water supply, natural sunlight, ventillation, noise pollution, issues in garbage collection, lack of maintenance of drainage systems, prevalence of dengue menace and traffic congestion. They also question how the UDA gave the nod to such constructions which are destroying lives of neighbouring communities.    

Thilak de Alwis, a resident of Simon Abeywickreme Avenue said; These roads, especially Abeywickreme Avenue, Hotel Road and the adjacent roads, are by-lanes which are less than 15 feet. The traffic congestion we have with the three schools, namely St. Thomas’s, Girls’ High School and Buddhist Ladies College has worsened now. In an emergency, an ambulance can’t reach the destination.”   

If a fire breaks, the fire brigade cannot reach. If there is a building which is 35 to 40 perches land, the mobility for a fire engine is not possible. In that case, we are in danger,” Thilak said.   

There was an amendment to the fire regulations in Sri Lanka last year with more advanced fire precautionary methods. However, experts in fire safety are of the opinion that even with the new regulations, it is difficult and almost impractical to make structural changes to existing buildings.   

Another resident in Mount Lavinia Amal Wijayamuni said they have complained many times to UDA, the Police and many other government authorities responsible for regulation of high-rise buildings, but nothing has happened. Development is not just building. Each city has to have a plan. It’s not about 24 perch areas where you build a high rise. Please don’t make Sri Lanka like Dhaka in Bangladesh. Plan it and do it properly,” that was his request.   

It is easy to detect obvious non-compliances such as the encroachment of road reserve by builders and inconsistent planning of fire protection passages between properties. Many buildings in Mount Lavinia, Dehiwala and Wellawatte do not even have proper driveway entry profiles.   

Major loopholes

The Planning and Building regulations contain several building specifications with regard to minimum extent of land, maximum number of floors, minimum road width, minimum width of plots and plot coverage ratio, etc. Issuance of preliminary clearance, approval of plans for constructions are done by the UDA while the constructions below the said specifications are handled by the Municipality.   

When studying all the cases and complaints of the residents from various parts of the Western province who are affected by the mushrooming apartment constructions, it was highlighted that in many instances;  

• Local authorities such as Municipal Councils (MC), Urban Development Authority (UDA) not abiding by the laws and regulations   
• Central Environmental Authority (CEA) is not doing its job   
• A legal officer from UDA is taking the side of the developers and blamed the residents, adding that they should not commit any sins by opposing high-rise constructions. (Paw weda karanna epa)   
• Former Chairman of the UDA Mr. Jagath Munasinghe has allegedly worked as the consultant architect of an apartment developer    
• It was alleged by the general public that the public officials were being bribed by the developers   

Meanwhile, Eye interviewed a small scale property developer from Maradana who shared his experience of dealing with local government officials in obtaining approvals for his previous construction projects.   

As the owner, I met all the criteria which were laid down by the municipality. When we applied for the Certificate of Conformity (COC), they said we had violated the street line requirement. We had a loan to be paid. We invested all what we had. But, we couldn’t rent it on time because the COC was not given to us. It was a terrific time we had. Finally we paid these officers who were involved in giving the green light. We paid them Rs. 150,000, which was their request. When we paid the money, there was no objection. Everything was alright and we got the COC. This is only one experience I had. I have enough experiences. Anything illegal, what they say, will become legal and legitimate once you pay them out. That is the story of this country,” he said.   

Taking the issues to court

The residents of Layard’s Road, Thimbirigasyaya, Attapattu Mawatha and Longden Place, Colombo who have also faced severe problems due to apartment constructions in their neighbourhoods have sought legal actions against the developers.    

With the support of the Transparency International, a case was filed at Court of Appeal Writ No 43/2019 on March, 2019. The residents seek to direct the relevant authorities to implement the laws pertaining to construction, take action against the illegal constructions, investigate corruption and address gaps in regulations. The case also advocates for both policy and institutional reforms as it has some major concerns as follows.​   

• Writ of Prohibition- Directing UDA, MCs/UCs/PSs issuing permits which are violating the laws and regulations of the country ​   
• Writ of Mandamus- Directing UDA to strictly follow UDA Law no 41 of 1978 and amendments, strictly follow the Zoning Plan ​   
• Writ of Certiorari – Calling and quashing development permits issues under extraordinary Gazette 2054/45 dated 18/01/2018 which permits additional parking floors, etc.   

The Petitioners state that in the most arbitrary manner, former Minister of Megapolis and Western Development, Patali Champika Ranawaka, had published the above Extraordinary Gazette, amending the 2008 Amendment of the Colombo City Development Plan, which purports to permit additional parking floors to be discounted not only when calculating the Floor Area Ratio but also from the calculation of the permissible number of floors, dangerously allowing monstrous and gigantic high rise constructions to come up.

---

The need of a Building Code

Unfortunately, residents often have limited knowledge about the hidden structural defects, usage limitations and regulatory compliance requirements that should be fulfilled during the construction phase and also during the lifespan of the building. This knowledge is important to ensure consumer health and safety, to obtain a fair return on investment and to facilitate building functionality, sustainability and comfort, said Janaka Seneviratne, a Chartered Professional Engineer and an International Professional Engineer of Institution of Engineers, Sri Lanka and Australia.

He believes that Sri Lanka has the worst possible regulatory and compliance mechanisms. Builders ‘run the show’ according to their whims and fancies while regulatory authorities rely on builders’ recommendations as many professionals employed at approval authorities are not fully-trained or technically skilled enough to handle a holistic and practical development approval process. The authorized officers lack a proper understanding of building compliance aspects, Mr. Seneviratne explained.   

It is unfortunate that many consulting engineers have become just document collectors and coordinators without any technical input or control over the development process,” he said.   

He also shed light on the government’s duty in the matter. We don’t have a good public sector certifying system due to the unavailability of a Consolidated Building Regulation Act and a National Building Code. We only act after a disaster.”    

The expert claimed that Sri Lankan ministers have no clue about the need to develop a proper Building Regulatory System which is why there is a need of a clear leadership from the Executive level of the government.   

Decisions on development activities in Sri Lanka are made at Pradeshiya Sabhas, Urban, Municipal and Provincial councils and Ministries. In the above set-up, there are overlaps of authority, conflicts of instructions, contradictory regulations and compliance loopholes supported by corruption and bribery.

However, in case of an emergency, such as a fire or collapse, which authority will accept responsibility? The question remains.    

If you know any issues that deserve to be investigated and reported on Eye, which would otherwise go unreported, write to our team dmeyelk@gmail.com or Deputy Editor – Investigations, Dailymirror, Wijeya Newspapers, No. 8, Hunupitiya Cross Road, Colombo 02, Sri Lanka.

Ada Derana

Courtesy Adaderana

Two Sri Lankans who had returned to the island from Italy and admitted to the Infectious Disease Hospital (IDH) on suspicion of being infected with COIVD-19 have been tested negative for the virus.

According to reports, the two individuals were receiving treatment at the Teaching Hospitals in Sri Jayewardenepura and Ragama prior to being transferred to the IDH.

These two males were initially hospitalized to get treated for cold and fever, however, they were later transferred to the IDH for further medical examination.

Director of the IDH Dr. Hasitha Attanayake has stated blood and saliva samples of the two individuals were sent over to the Medical Research Institute in Colombo for testing.

However, despite being tested negative for the virus,, these two individuals will continue to receive treatment at the IDH, Dr. Attanayake stated.

In the meantime, the latest figures of the World Health Organization (WHO) indicated more than 82,000 people were infected, over 2,800 deaths in China. In addition 31 deaths were reported in Iran, 21 in Italy, 16 in South Korea, 10 in Japan, 2 each in Hong Kong and France and 1 each in the Philippines and Taiwan.

උපුටා ගැන්ම  හිරු පුවත්

විල්පත්තුව ජාතික වනෝද්‍යානයේ ප්‍රේරණ කලාපය ආශ්‍රිතව කෝමාරිකා වගාවක් සදහා අනවසරයෙන් වැවක් කැපීම සම්බන්ධයෙන් ප්‍රසිද්ධ විවාදයකට පැමිණෙන ලෙස සුරකිමු ශ්‍රී ලංකා ජාතික ව්‍යාපාරයේ සභාපති පුජ්‍ය පාහියංගල ආනන්ද සාගර හිමියන් වනජීවී අමාත්‍යවරයාට අභියෝග කරනවා.

අද පැවති ප්‍රවෘත්ති සාකච්ඡාවකට එක්වෙමින් උන්වහන්සේ මෙම අභියෝගය සිදුකළා.

සමාජ මාධ්‍ය ඔස්සේ පැතිර යන පරිදි විල්පත්තුව වනෝද්‍යානය විනාශ කරමින් පෞද්ගලික සමාගමක් විසින් කෝමාරිකා වගාවක් සිදුකරන්නේ දැයි සොයා බැලීමට අප ඊයේ පරිසර සංවිධාන සමග එම ප්‍රදේශයේ සංචාරයක නිරත වුණා.

එහිදී අනාවරණය වුනේ කෝමාරිකා වගාව සදහා යොදාගෙන ඇති භූමිය විල්පත්තුව ප්‍රේරණ කලාපයෙන් බැහැරව පවතින භූමියක් බවයි.

එහෙත් එම වගාව සදහා ජලය ලබාගැනීමට විශාල වැවක් හා ඇල මාර්ගයක් ඉදිවන අතර ඒ සම්බන්ධයෙන් අනුමැතියක් ලබාගෙන නොමැති බව එහිදී හෙළි  වුණා.

පරිසර සංවිධාන මේ පිළිබද පෙන්වාදීමත් සමග කෝමාරිකා ව්‍යාපෘති ආයෝජක නන්දික විරාජ් මහතා වැව ඉදිකිරීමේ කටයුතු තාවකාලිකව නතර කර තිබුනා.

එම ඉදිකිරීම් නතර කිරීමත් සමග ගම්වාසීන් පිරිසක් අනුරාධපුර – පුත්තලම ප්‍රධාන මාර්ගය රාජාංගනය නගර මධ්‍යයෙන් අවහිර කරමින් විරෝධතාවක නිරත වුණා.

පැය දෙකකට ආසන්න කාලයක් පැවති විරෝධතාව අවසන් වුයේ ව්‍යාපෘති ආයෝජකයා පැමිණ උද්ඝෝෂකයින්ට කරුණු පැහැදිලි කිරීමෙන් අනතුරුවයි.

එම ආයෝජකයා විසින් කෝමාරිකා වගා ව්‍යාපෘතිය පිළිබඳ අද දිනයේ ද ගොවීන් දැනුවත් කිරීමේ වැඩසටහනක් ක්‍රියාත්මක කර තිබුනා.

මෙම කෝමාරිකා ව්‍යාපෘතිය සම්බන්ධයෙන් ජනතා විමුක්ති පෙරමුණ නියෝජිතයන් පළ කලේ මෙවන් අදහසක්.

උපුටා ගැන්ම  හිරු පුවත්

පාස්කු ඉරිදා දින ප්‍රහාරයක් එල්ල වන්නේ යැයි ප්‍රහාරය එල්ල වූ දින ලැබුණු පණිවුඩයේ දින වෙනස් කිරීමට සිය ඉහළ නිලධාරියා ලෙස කටයුතු කළ කොළඹ – උතුර කොට්ඨාස භාර පොලිස් අධිකාරීවරයා බලපෑම් කළ බව එවක ග්‍රෑන්ඩ්පාස් පොලිසියේ ස්ථානාධිපතිවරයා අද අනාවරණයක් සිදුකළා.

ඒ පාස්කු ප්‍රහාරය සම්බන්ධයෙන් සොයාබැලීමට පත්කළ ජනාධිපති පරීක්ෂණ කොමිෂන් සභාව හමුවේ සාක්ෂි ලබා දෙමින්.

එම කොමිසම හමුවේ සාක්ෂි ලබාදීම සඳහා අද කැඳවා තිබුණේ පාස්කු ප්‍රහාරය සිදුවූ සමයේ ග්‍රෑන්ඩ්පාස් පොලිසියේ ස්ථානාධිපති වශයෙන් කටයුතු කළ ප්‍රධාන පොලිස් පරීක්ෂක ප්‍රියන්ත ඒකනායක මහතායි.

සහරාන් නම් පුද්ගලයකු ප්‍රහාරයක් එල්ල කරන බවට සිය පොලිස් ස්ථානයට VPN පණිවුඩ හුවමාරු ක්‍රමය හරහා පණිවඩයක් මුල්වරට ලැබුණේ ප්‍රහාරය එල්ල වූ අප්‍රේල් 21 වැනිදා දිවා කාලයේදී බව ඔහු එහීදී ප්‍රකාශ කළා.

ස්ථානාධිපතිවරයාගෙන් එහිදී ප්‍රශ්න විමසීම සිදුකළේ ප්‍රහාරය සිදූවූ සමයේ ඔහුගේ ඉහළ නිලධාරියා ලෙස කටයුතු කළ කොළඹ – උතුර කොට්ඨාසය භාර පොලිස් අධිකාරී සංජීව බණ්ඩාර මහතා වෙනුවෙන් පෙනී සිටි නීතිඥවරියයි.

ප්‍රහාරයක් එල්ලවන බවට ලැබුණු තොරතුර පහළ නිලධාරීන්ට ලබා නොදීම සම්බන්ධයෙන් මීට පෙර කොමිසමේදී පොලිස් අධිකාරී සංජීව බණ්ඩාර මහතා චෝදනා එල්ල වුණා.

ඔහුගේ නීතිඥවරිය එහිදී ප්‍රශ්න කළේ ප්‍රහාරය සම්බන්ධයෙන් ලැබුණු පණිවුඩය ප්‍රහාරයට පෙර ලැබුණා යැයි දිනය වෙනස් කිරීමට උපදෙස් දුන්නේ කවුරුන්ද යන්නයි.

අවස්ථා කිහිපයකදීම පොලිස් අධිකාරී සංජීව බණ්ඩාර මහතා දුරකථනයෙන් සහ පොලිස් ස්ථානයට පැමිණ දිනය වෙනස් කිරීම සඳහා උපදෙස් දුන් බව ස්ථානාධිපතිවරයා එහිදී සඳහන් කළා.

අනතුරුව නිතීඥවරිය විමසා සිටියේ මීට පෙර පොලිස් විශේෂ විමර්ශන ඒකකයට සාක්ෂි දෙමින් අදාළ පණිවුඩය අප්‍රේල් 13 වැනි දින ලැබුණේ යැයි ප්‍රකාශ කළේ ඇයිද යන්නයි.

ඊට පිළිතුරු දුන් ස්ථානාධිපතිවරයා සඳහන් කළේ තමන් පළමු අවස්ථාවේදී එවැන්නක් කියූ බවත් එය අසත්‍යයක් බව තමන් පිළිගන්නා බවයි.

පොලිස් අධිකාරී සංජීව බණ්ඩාර මහතාගේ බලපෑම මත එම ප්‍රකාශය කළ බවත්, පොලිස් විශේෂ විමර්ශන ඒකකය හමුවේ පෙනී සිටීමට පෙරද, සිය ඉහළ නිලධාරියා තමන්ගෙන් ඒ පිළිබඳ විමසිම් කළ බව ස්ථානාධිපතිවරයා එහිදී සඳහන් කළා.

එවිට නීතිඥවරිය විමසා සිටියේ සිය ඉහළ නිලධාරියාගෙන් එවැනි බලපෑමක් එල්ල වුණේදැයි පොලිස් ස්ථානයේ සටහන් පොතේ සටහනක් තැබුවේද යන්නයි.

සිය ඉහළ නිලධාරියා පිළිබඳ මෙවන් සාක්ෂියක් දීමට වේ යැයි නොසිතූ නිසා අදාළ උපදෙස ක්‍රියාත්මක කළ බවත්ල ඔහුට ප්‍රශ්නයක් වේයැයි සිතා තමා එය ක්‍රියාත්මක කළ බවත්, ස්ථානාධිපතිවරයා කොමිසම හමුවේ සංවේදී වෙමින් පැවසුවා.

නීතිඥවරිය යලි විමසා සිටියේ ඉහළ නිලධාරීන්ගෙන් බලපෑම් තිබුණේ නම් ඒ පිළිබඳ සටහනක් නොතැබුවේ ඇයිද යන්නයි.

ස්ථානාධිපතිවරයා එහිදී හැඟීම්බර වෙමින් කොමිසම ඉදිරියේ රැඳී සිටි සිය උසස් නිලධාරියා වන ජ්‍යෙෂ්ඨ පොලිස් අධිකාරී සංජීව බණ්ඩාර මහතා දෙසට හැරී සමාවෙන්න සංජීව සර් ඔබ මේ විදියට කටයුතු කරනවා කියා දන්නවානම් මා මේ පිළීබඳ සියලු සටහන් තබා ගන්නා බවත්, දුරකථන ඇමතුම් පටිගත කරගන්නා බවත්, ඉහළ නිලධාරීන්ගේ උපදෙස් පිළිපැදීමට ගොස් තමාට දැන් අංගුලිමාලට සිදුවූ දේ වී ඇති බවත් ප්‍රකාශ කළා.

ඔහු වැඩිදුරටත් පැවසුවේ තමා කළ දේ වැරදි බවත්, තමන් යටතේ සිටිනා නිලධාරීන් කිසිවකුත් මේ අකාරයෙන් අමාරුවේ දැමීමට තමා කටයුතු කර නොමැති බවයි.

කොටහේන පොලිසියේ ස්ථානාධිපති ප්‍රධාන පොලිස් පරීක්ෂක මහින්ද කරුණාරත්න මහතා අනතුරුව සාක්ෂි ලබාදීම සඳහා කොමිසම හමුවට කැඳවා තිබුණා.

ඔහුටද ප්‍රහාරය සම්බන්ධයෙන් පණිවුඩය ප්‍රහාරය සිදුවූ දිනයේ ලැබී තිබූ අතර එම පණිවුඩයේ දිනය වෙනස් කිරීම සම්බන්ධයෙන් චෝදනා එල්ල වී තිබෙනවා.

නීතිඥවරිය ඔහුගෙන් විමසා සිටියේ ඔබට සිදුවූ බලපෑම් පිළිබඳව පොලිස්පතිවරයා, ජ්‍යෙෂ්ඨ නියෝජ්‍ය පොලිස්පතිවරයා වැනි ඉහළ නිලධාරීන් දැනුවත් නොකළේ ඇයිද යන්නයි.

ඉහළ නිලධාරීන්ට එවැන්නක් පවසනවානම් දින වෙන්කර ගැනීමක් කළ යුතු බවත්, එසේ පැවසීමට යාමේදීම ඒ පිළිබඳ තොරතුර ප්‍රචාරය වී අවසන් වන බවත්, ඒ අනුව තමාට වෙන්න අවශ්‍ය දේ වී අවසන් වන බවත් ස්ථානාධිපතිවරයා කොමිසම ඉදිරියේ සඳහන් කළා.

ඔහු වැඩිදුරටත් ප්‍රකාශ කළේ පොලිස් දෙපාර්තමේන්තුව යනු නිලධාරීවාදය හොඳින්ම ක්‍රියාත්මක වන තැනක් බවයි.

මේ අතර ඊයේ දිනයේදී ජනාධිපිත විමර්ශන කොමිෂන් සභාව හමුවේ සාක්ෂි ලබාදුන් හිටපු අධිකරණ අමාත්‍ය ආචාර්ය විජේදාස රාජපක්ෂ මහතා සිදුකළ ප්‍රකාශ කිහිපයක් පිළිබඳව පාර්ලිමේන්තු මන්ත්‍රී මුජිබර් රහුමාන් මහතා අදහස් පළ කළා.

මේ අතර, ඊයේ දිනයේදී ජනාධිපති විමර්ශන කොමිසම හමුවේ සාක්ෂී ලබාදුන් හිටපු අධිකරණ අමාත්‍ය ආචාර්ය විජේදාස රාජපක්ෂ මහතා විසින් කොමිසම හමුවේ සිදුකළ බවට මාධ්‍ය වාර්තාකල ප්‍රකාශ දෙකක් සංශෝධනය විය යුතු බව මන්ත්‍රීවරයා හිරු ප්‍රවෘත්ති වෙත සඳහන් කළා.

ඔහු පැවසුවේ පාස්කු ප්‍රහාරයට සම්බන්ධවූ දෙමටගොඩ ප්‍රදේශයේ පදිංචි ඊබ්‍රාහිම් පවුල සමීප සබඳතා පැවැතුවූයේ එක්සත් ජාතික පක්ෂ පාර්ලිමේන්තු මන්ත්‍රී මුජිබර් රහුමාන් මහතා නොව රිෂාඩ් බදියුදීන් මහතා ලෙස නිවැරදි විය යුතු බවයි.

ඊට අමරතව, එවක ශ්‍රී ලංකාවේ ක්‍රියාත්මක වූ ජමෙයිතුල් උලමා සංවිධානය පියවර 4ක් ඔස්සේ ශ්‍රී ලංකාව මුස්ලිම් රාජ්‍යයක් කිරීමට සැලසුම් සකසා තිබූ බවට පළවූ මාධ්‍ය වාර්තාවල ශ්‍රී ලංකාව පියවර 4කින් මුස්ලිම් රාජ්‍යයක් බවට පත් කිරීමට කටයුතු කළ පුද්ගලයින් පසුව ජමෙයිතුල් උලමා සංවිධානයටද ඇතුළත් වී සිටි බවට නිවැරදි විය යුතු බව මන්ත්‍රීවරයා සඳහන් කළා.

උපුටා ගැන්ම  හිරු පුවත්

පාස්කු ඉරිදා ත්‍රස්ත ප්‍රහාරය සම්බන්ධයෙන් පරීක්ෂණ පවත්වන ජනාධිපති කොමිසම හමුවේ දැනට හෙළි වූ කරුණු මත සැකකරුවන් ලෙස නම්කළ හැකි පුද්ගලයින්ට එරෙහිව නීතිය ක්‍රියාත්මක කළ යුතු බව පූජ්‍ය මාගල්කන්දේ සුදත්ත හිමියන් පවසනවා.

උන්වහන්සේ මේ බව සඳහන් කළේ අද පැවති ප්‍රවෘත්ති සාකච්ඡාවකදී.

By M D P DISSANAYAKE

President Gotabaya Rajapakse and his team will be campaigning to obtain 2/3^rd parliamentary majority for the abolition of the 19th amendment.  The opposition, Tamil Diaspora and the like-minded international forces will be resorting to maximum false propaganda to prevent such a majority. 

In the event the government failing to obtain 2/3 majority, cross-overs from the opposition will be become the only solution to obtain the passage of the required legislation.

Therefore, the government now has an opportunity to submit proposals for the abolition of 13 and 19 amendments to a referendum at the general election. This will undoubtedly further erode the vote base of minorities for the government, but an increase in Sinhala votes could be expected.

Attempting to abolish both 13 and 19 simultaneously might be difficult and dangerous, but as a minimum referendum proposal relating to 19 amendments could be a practical alternative.   The proposed new constitution can be framed to do away with the 13 amendment.

RANJITH SOYSA

UNHRC High Commissioner as expected has rejected the Hon Dinesh Gunawardane’s disapproval of Resolution 30/3 co -sponsored by the UNP Government. She has opted to sit with the critics of Sri Lanka and questioned that Sri Lanka has not addressed impunity for past violations and nor undertaken security sector reforms . She firmly

believes in the numbers killed as churned out by the Darusman report and other pro-LTTE fronts. These figures vary from 40,000 to 200,000 making the war against the Tamil Tiger terrorism almost a genocide, a term used by the political arm of the LTTE. Can the High Commissioner

Bachelet re-examine the words impunity and the security sector reforms used by and vouch that her words are based on facts or fantasy created by the interested parties as Bachelet knows who, what, where etc. She has completely ignored the UN Colombo report, Lord Naseby’s comments, Col Gas’s observations, Paranagama Commission report and Census carried out by the Government of Sri Lanka. Hence, Sri Lankan government position that Resolution 30 /3 is misleading can stand the test and if UNHRC is aware of its powers that it cannot force any solutions that impinge on the country’s sovereignty and is interested in a productive dialogue, the High Commissioner should reconsider to grasp the ground realities.

The High Commissioner had regretted the change in the approach to the issues by the new government compared to the ‘commitments previously made’. She should realize that the present Sri Lankan government is determined to extricate the country from the bogus reports based on disinformation, and taking steps in keeping with the mandate received at the recent Presidential elections in which the baseless UNHRC resolution received a lot of attention. The High Commissioner should understand that the previous Government’s foreign minister did not have the approval of the Parliament and the President for him to have made a commitment on behalf of the country.

She further commented critically about the present Sri Lankan government’s stand on the Constitutional reforms carried out by the previous government. Such statements are further proof of the fact that the UNHRC’s  resolve to intervene in the affairs of the sovereign Sri Lanka whereas there are many countries who consider UNHRC as a dead duck.

Courtesy NewsIn.Asia

Will cooperate with UNHRC within the framework set by the November 2019 Presidential election

Geneva, February 27 (newsin.asia): The Sri Lankan Foreign Minister Dinesh Gunawardena told the UN Human Rights Council (UNHRC) here on Thursday that the Lanka government will set up a new Commission of Inquiry to go into allegations of human rights violations during the war.

Reacting to the update on Sri Lanka given by the High Commissioner of Human Rights, the Lankan Foreign Minister said: A Commission of Inquiry (COI), headed by a Justice of the Supreme Court, will be appointed to review the reports of previous Sri Lankan COIs which investigated alleged violations of Human Rights and International Humanitarian Law (IHL), to assess the status of implementation of their recommendations, and to propose deliverable measures to implement them keeping in line with the new Government’s policy.”

He further said: National law enforcement systems will continue to investigate and prosecute cases on all allegations of torture and other human rights violations that are currently before the judicial processes.”

We hope the Council would appreciate this approach of focusing on deliverable measures of reconciliation that are in line with the interest of Sri Lanka and its people, instead of the practice of taking on a host of undeliverable commitments with the intention of never implementing them.”

Within the above parameters, we look forward to continuing our engagement with the Office of the UN High Commissioner for Human Rights, UN Human Rights mechanisms and procedures, and to continue to work in close cooperation with the international community through capacity building and technical assistance in mutually agreed areas, in keeping with domestic priorities and policies.”

Under Parameters Set By Presidential Election

Gunawardena made it clear that while Sri Lanka remains committed to engaging with the UNHRC in achieving sustainable development, peace and reconciliation, it will do so only within the national framework overwhelmingly approved by the people of Sri Lanka during the Presidential Election last November, where President Gotabaya Rajapaksa was elected with an overwhelming majority.”

Yesterday, the Government of Sri Lanka, at the High Level Segment made clear it’s position with regard to HRC Resolution 30/1, particularly, its decision to withdraw from co-sponsorship of Resolution 40/1 of March 2019, which also incorporates and builds on preceding Resolutions 30/1 of October 2015 and 34/1 of March 2017.”

Notwithstanding withdrawing from co-sponsorship of this Resolution, we emphasized our commitment to achieving accountability and human rights within the framework of our Constitution, towards sustainable peace and reconciliation – through the appointment of a domestic Commission of Inquiry, by implementing policies rooted in the Government’s commitments to operationalize the Sustainable Development Goals (SDGs), and by continuing to work with the assistance of the UN and its agencies.”

To those who have expressed disappointment on Sri Lanka’s decision to withdraw from co-sponsorship of Resolution 40/1, despite the Government’s re-assurance to this Council of our commitment to achieving the goals set on accountability and human rights, towards sustainable pace and reconciliation, it is clear that they are privileging a superficial façade” which has failed to deliver for four and half years, over the genuine possibility of reconciliation, underpinned by a people’s mandate.”

In keeping with our consistent policy of continued engagement with the Human Rights Council, Sri Lanka wishes to respond to the current Report of the High Commissioner and engage in a constructive discussion with this august assembly today, with the sincere hope that this Council would recognize the realities on the ground.”

We do so conscious of the fact that, of the period of 1 year since the adoption of Resolution 40/1, and 4 ½ years since the adoption of the initial Resolution 30/1, our government has been in power for only a little over 100 days out of the said period.”

I wish to recall that, during the 40th Session of this Council, almost one year ago, the Government of Sri Lanka (GoSL) was represented by a delegation headed by my predecessor, the former Minister of Foreign Affairs, who, in Sri Lanka’s statement, explained at length the constitutional, legal and socio-political challenges involved in ‘fully implementing’ HRC Resolution 30/1.”

In this context, we consider that the High Commissioner’s insistence in the current Report on the ‘full implementation of the demands made on Sri Lanka in Resolution 30/1 indicates that the OHCHR fails to recognize the rational and legitimate concerns voiced by States that are seeking, in good faith, to address issues.”

Baseless Allegations

As highlighted before this Council on several occasions, Sri Lanka has consistently refuted the credibility of the false and unsubstantiated allegations leveled against Lieutenant General Shavendra Silva, the present Commander of Sri Lanka Army and Actg. Chief of Defence Staff (CDS). Sri Lanka considers that the continued arbitrary accusations made against Lt. Gen. Silva in OHCHR Reports and other statements made in this Council and unilateral actions by certain countries, are unacceptable and a violation of the principles of natural justice.”

We also stress that there are no proven allegations against individuals on war crimes or crimes against humanity in the OISL report or in any subsequent official document. It is an injustice to deprive any serving or retired officer of the Sri Lankan security forces or the police of their due rights.”

With regard to alleged intimidating visits”, surveillance”, complaints of harassment” and reprisals” referred to in the High Commissioner’s Report, The Government has already publicly refuted these allegations, and is committed to protecting and promoting freedom of expression and civil society space, and ensure that complaints received on alleged attacks against journalists, human rights defenders and civil society are investigated and prosecuted.”

Devolution of Power

With respect to references in the report to the Thirteenth Amendment to the Constitution that established Provincial Councils, it must be noted that, soon after the end of the conflict, the citizens in the Northern Province were able to use their franchise at a Provincial Council election after a lapse of 25 years. However, the near two year delay in holding Provincial Council elections in any part of the country, by the previous Government which co-sponsored Resolution 30/1, with the active support of Members of Parliament representing the North and East, has hampered the operationalization of devolution of power as mandated by the constitution of Sri Lanka.”

The new Government, is committed to holding the Provincial Council elections at the earliest possible opportunity, upon suitable amendments being made to the requirements that are needed to conduct the provincial council elections in terms of the law.”

We wish to reiterate to the Council Sri Lanka’s commitment expressed during the High-Level Segment to achieve sustainable peace through an inclusive, domestically designed and executed reconciliation and accountability process.”

The existing reconciliation mechanisms established by an Act of Parliament such as the Office on Mission Persons (OMP) and the Office of Reparations (OR) will be continued, with appropriate adaptation in line with Government policy framework.”

With regard to the issues on missing persons, steps would be taken, after necessary investigations, to issue death certificates or certificates of absence, while also providing livelihood and other assistance to affected families.”

Within the above parameters, we look forward to continuing our engagement with the Office of the UN High Commissioner for Human Rights, UN Human Rights mechanisms and procedures, and to continue to work in close cooperation with the international community through capacity building and technical assistance in mutually agreed areas, in keeping with domestic priorities and policies,” Gunawardena said.