Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Friday, February 1, 2013


Where Is The Greatness Of A Buddhist Nation?

By Visakha Tillekeratne - a Buddhist knowing a wee bit of this great philosophy-February 1, 2013 
(Apology to the Mahathma in adapting the saying “The greatness of a nation and its moral progress can be judged by the way its animals are treated” Mahathma Gandhi)
Colombo TelegraphThe greatness of  Buddhism
The 2600 Sambuddhathwa Jayanthi was a landmark for introspection for all who respect “humaneness”.Buddhism should signify the highest qualities of humaneness that accompany this most tolerant practicing philosophy. Buddhism and its great humanist elements are not comparable to any organized religion which denigrates actions of beings to the mundane controls and rituals of institutions.
The 4 Divine Emotions (Sathara Brahma Viharana)
Within such a context, let us examine the greatness of a nation – Sri Lanka, against the 4 Divine Emotions of Metta (loving kindness), Karuna (compassion), Muditha (sympathetic joy) and Upekha (equanimity). These are the four divine emotions by which one is supposed to embrace the world and abide by at all times.
The following is extracted from the discourse THE SHINING – THROUGH THE DIVINE
Metta, karuna, mudita, upekkha provide a reflection: they form a sequence of how to relate to the human realm, to the animal kingdom, and to nature.
Metta
Metta is very much how we should relate to ourselves, too. It’s how to relate to ourselves, with kindness and acceptance rather than with aversion and judgement. Metta is about turning the other cheek!
Metta implies that we accept something that may not be very nice – like if you have physical pain or things that aren’t very nice about your body, or your character.
This is because with metta such things are seen as no longer personal, Metta is having perspective and not creating a problem even about the unfairnesses, injustices, inadequacies and so forth,. With metta there’s always the ability to forgive and start anew and to recognise the way things are and not expect everything to fit the ideals we have regarding how things should be. It doesn’t mean that we fatalistically resign ourselves to mediocrity and tyranny and stupidity, but it means that we aren’t caught in the pattern of ignorance conditioning mind formations. So we can bear with the problems of life with  kindness and acceptance.
Tolerance and Acceptance
How kind and accepting are we of all communities and events of recent history of the country.
Do we, the Sinhala Buddhists really accept the Hindus. Muslims, Christians and any others as our own Sri Lankans and vice versa. Isn’t nation building and uniting for the country based on being kind and accepting of all? How much do we know of each other except a few customs at various festivals celebrated during the year? In our innermost self do we accept all – communities and animal life as being equally important in this great cosmic cycle? Or is there a slight disdain of other religions and communities as being inferior to this superior Sinhala race and puritanical Buddhism that is thought to be practised by the pillars of Buddhism in Sri Lankan Society? As the greater in number in this country, should not the Buddhist extend the olive branch to others?
As a Buddhist, however nominal, I am deeply ashamed of the slogans that are sent around these days on Halal practices, showing the face of a Muslim with that of a dog, requesting boycotts of Muslim businesses. Are we going back to another conflict? Are we going back to a primitive age. This is extremely dangerous.
Take the conflict of the past thirty years. This is a case of tit for tat. Constant comparison of the behavior of a legitimate government and the LTTE. Sorry to say that the behavior of the government has been as bad as that of the LTTE. This is evinced by the last phase of the conflict, where both parties were shooting into the “NO FIRE” zone. If the LTTE alone was guilty, well these are terrorists and one expects no better. But for a government that fought a “humanitarian” conflict this is not good enough. Let it suffice to say that in the spirit of loving  kindness – metta, let bygones be bygones and move forward embracing all. Then what are the triumphalist symbols expending large sums of money such as victory parades, stamping on the very spirit of the community under consideration.
The way animals are treated
Let us turn to animals. As Maneka Gandhi says about some who utter this popular phrase about animal lovers that is “such people care more for animals than children” Mme Gandhi says so what? We must care for animals as much as possible as these are the voiceless. Do we accept all animals?  the ugly, the maimed, the ones with bad skin, the taprobane terriers (the so called mongrel or pariah) with loving kindness? How come we have so many pedigreed dogs in this country when there are enough and more taprobane terriers to go around? Would we have so many street dogs if this was the case?
Stigma, Discrimination and Degradation
On another frontier, Sri Lanka released its stigma index in HIV and AIDS a few years ago. We do not augur favourably in this index. This is just an illustration of where Sri Lanka stands in the way we look at those infected and affected by HIV which is just one of the issues, however minute the incidence of HIV is in Sri Lanka.
Stigmatising and stereotyping ails us all. A woman should look this way, she should behave in this way. If not, well, lots of if nots!. A man must behave like a “man” with a set list of characteristics. Tamils are this way. Burghers are that way. Stigma and discrimination truly is an enemy of Karuna and Upekha both.
Extreme degradation of women is at its worst as can be seen from rates of violence. Two gang rapes within a month in the Western province! What about the other Provinces? No basic Karuna is shown.
Karuna or the lack of it
Turning to the second Brahma Viharana, Sri Lankans were known to be extremely compassionate, showingkaruna to all. There are situations where Sri Lankans have been and are outstandingly compassionate. The self mobilization of communities during the Tsunami is a case in point.
What needs attention and correction are the glaring aberrations of extreme compassion to unimaginable cruelty. Some of these examples are the lack of attention or minimum kindness to the differently abled – sometimes locking away such people, lack of attention and compassion towards domestics, the nation’s almost callous disregard of the plight of migrant workers, the neglect of plantation workers, seeming ignorance of the lot of free trade zone workers and even trying to take way their life savings, increasing incidence of child abuse and neglect, one of the highest percentages of domestic violence in the world and the inhumane slaughter of animals especially cattle and animal sacrifice, the abject cruelty to the elephant population and state terrorism in various forms with the citizens of the country tolerating these acts.
As was said by a British statesman about the Irish conflict – if one were to ignore the situation and carry on one is complicit to the act by ignoring. Should we not, as a nation have a “Sangayana”, admit the problems we have as a nation and cleanse ourselves?
Muditha
The third Brahma Viharana, Muditha or Sympathetic joy is reflected in the ability to be truly happy when another rejoices or to be happy helping another. This is the most difficult of the 4 Brahma Viharanas to be understood and practiced. It is easy to practice at an individual level, but how do we achieve this at  community  or national level?
In the neighbourhood, what is the genuine response to an achievement of a family or household? In the work place how supportive are staff members of one who has the ability to achieve? Is it Muditha that is practiced or is that person as the popular adage goes pulled by the leg in order not to achieve? Do politicians, especially those holding portfolios genuinely have sympathetic joy in the achievement of a fellow politician? Are academics and professionals happy to see the outcomes of good research and the recognition of colleagues? Perhaps we need to evaluate these personally, as communities and as a nation?
STOP being in denial.
If Emperor Asoka could change from bloodshed to Buddhism and as a result Sri Lanka received this sublime gift of Buddhism, why cannot we change?
Upekkha
The last of the Brahma viharanas is Upekkha or equanimity which is treating all beings with no difference in other words equally and with calmness. Arguably none of these ideal behaviours exist in the world. However a nation’s greatness is in achieving at least some semblance of these. Alas Sri Lanka’s method of recruitment to high posts for examples is nepotism. There in lies no equanimity on the part of the state. If you are a friend or relation of the powers that be there is no upekka whatsoever.
On a personal level we have different yardsticks for treating those below and above us. Different values to the gifts we give and the way we entertain people is very different. On a scale of one to ten, in that ten being the best if one is a male and very rich treatment is very grand and if one were a domestic and female especially from an estate treatment is less than one, in fact, it goes into minus.
So what?
There can be a debate on the aforementioned behaviours with the popular phrases of so what? This is the same in many countries and among communities, Sri Lanka has great Sinhala Buddhist values and we are superior – we are a shreshta nation. We have a great culture and a long history Of course we have been and can be great once again.
The key to the Brahma viharanas is tolerance.
Let us seem to and be tolerant. At the moment finding tolerant behaviour is like finding a needle in a haystack. Or at the very least don’t try very hard “JUST DO NOT HARM ANOTHER”
To fellow Buddhists, before going after other religions, seek introspection and let us reform ourselves among the Buddhist community.
If Bodu Bala Sena is going to engage in this introspection, very good. However if Bodu Bala Sena is on a witch hunt of Muslim businesses, examining construction of mosques and declaring sacred Buddhist areas while pushing out churches, kovils and mosques, changing demography by encouraging 5 marraiges for Buddhists, well, a good re-think is necessary.
The communities other than the Buddhists too, should self analyse and cut out the rot. Fundamentalism is rearing its head from all corners. Together we have to build this country. This after all is a land like no other and we love our country.

This is my country, I’ll never leave it – Shirani

logoFRIDAY, 01 FEBRUARY 2013
She has no intention of leaving the country abandoning the masses who risked their lives at the impeachment process emphasizes former Chief Justice Dr. Shirani Bandaranayake.  She emphasized this expressing her views regarding reports on certain media that she had been invited by international community for various posts said a senior lawyer of ‘Lawyers’ Collective’.

Independence Day 2013


Groundviews“The independence of the judiciary has been already murdered. There is nothing left to be destroyed. I didn’t fight the impeachment not only for myself. I fought for the independence of the judiciary. There were many who fought with me resolutely. They too have received death threats now. In such a situation I would not leave the country abandoning others. This is my country and my people,” she had emphasized.
Sri-Lanka-Independence-Day
This Monday President Mahinda Rajapaksa will celebrate Independence Day in Trincomalee, under the theme Prosperous motherland and an affluent tomorrow.
For weeks Trincomalee has been getting a facelift. Roads are being widened, buildings painted, and signs hung. A ‘red alert‘ (Editors note: this link to TamilNet article will not work if accessed in Sri Lanka) was issued by the Secretary of Defense, which has led to a dramatic increase of police and military presence. I’ve been told by a community leader that those with LTTE ties have been detained for the week; remember that in 2002 the LTTE claimed Trincomalee as their capital.  According to business owners, police or military have visited every store in town, telling them to close their shops on Monday.
Schools in the area have been closed so that students could prepare their town, as well as to provide additional space to house military personnel. Buses full of students playing instruments could be heard around town Thursday. The parade on Monday will consist of 3,000 personnel from the tri-forces, and will commence at 9am.  The Culture and Arts Ministry has organised a cultural pageant consisting of 860 performers and several elephants.
On Thursday morning a seemingly endless stream of buses started rolling into Trincomalee via Kandy Road. Allegedly Sinhalese are being paid to come to Trincomalee for the festivities. It has been almost half a century since Sri Lanka’s independence has been officially celebrated in Trincomalee.  The government expects 100,000 people to attend the ceremony, which will take place at Fort Frederick. This will be the third time that the holiday is celebrated in Trincomalee, the first was 1953 and the second was in 1965.

Update – The Case Against Mohan Pieris Misconduct: Pieris Himself Chaired The Bench


Colombo TelegraphBy Mudliyar -January 31, 2013 
According the official record released by the Supreme Court yesterday (See the copy below), the case ( which challenges Mohan Pieris’s conduct was due to come up before a bench headed by Justice Shiranee Thilakawardane. However, it has been altered at the last minute, permitting Mohan Peiris himself to chair the bench as the Chief Justice, to hear the case, where he himself was accused in a major revenue fraud.
Mohan Pieris
However, when it was brought to the notice of the Court that this is a matter challenging his conduct as the AG,Mohan Pieris immediately withdrew from the hearing and the matter was re-fixed for support by the other two judges and the case is now due to come up tomorrow again. As per the case record, including today’s postponement, it is learned that this case has been postponed for 19 times, since filing of this case on 24th September 2010.
After the postponement of the matter and on the way to the Court car park, it is reported that some media men and Counsel  Nagananda Kodituwakku‘s team had observed three people in a red colored Toyota car acting in a suspicious manner. They have tried to obtain some images of those people but before that those people have vanished from the Court premises. However the team has managed to obtain the registration mark of the car and to obtain registered keeper details from the RMV. According to the counsel, he had alerted the police about this incident with the details of the car given, urging the police to inquire to the matter immediately and provide a feedback. Our inquires on the matter reveal that up to the time of writing there is no response from the police yet.

Related posts;


Mass struggle necessary to protect sovereignty of law – J.C. Weliamuna

logoFRIDAY, 01 FEBRUARY 2013
“A more serious situation than the impeachment of the Chief Justice has cropped up now. We have to engage in a struggle to re-establish the independence of the judiciary. I believe it is the primary requirement of the present time.
This situation would not have any bearing on lawyers. It is the people and their legal matters that will be affected. Finally we have to tell the people to be prepared for this reality,” said senior lawyer J.C. Weliamuna.
“The legal community struggled with the masses to prevent the impeachment process. However, we couldn’t stop it. There is no possibility for us to take the struggle to the same level. We have to look beyond the legal community and merge with the masses if we are going for such a struggle again.”
Explaining the situation that has arisen after the removal of Dr. Shirani Bandaranayake from the position of chief justice through impeachment process Mr. Weliamuna further said, “In such a struggle we could bring the necessary awareness. Also, as the legal community we are able to mediate in certain issues.
The whole world knows that the process adapted to remove the Chief Justice was against the Constitution and the law of the country.   Also, a new chief justice has been appointed without considering the directives by the Supreme Court. With this appointment the constitutional crisis has become chaotic. Also, the President, instead of finding solutions for the issues that have sprung up, is making new appointments.”

Manjula Tillekeratne transferred

logo
FRIDAY, 01 FEBRUARY 2013
Mr. Manjula Tillekeratne, who functioned as the Secretary to the Judicial Service Commission, has been transferred as the District Judge of Ratnapura. However, Ratnapura already has a district judge.
Mr. Manjula Tillekeratne was attacked by thugs on 7th October. However, no one has been arrested regarding this incident yet.
Meanwhile, High Court Judge Sisira Ratnayake has been appointed as the new Secretary of the Judicial Service Commission and he is expected to assume duties on 5th February say reports.
Also, it is reported that Gampaha Magistrate Ms. Kemha Swarnadhipathy has been appointed the Additional Secretary to the Judicial Service Commission
Sisira Ratnayake, appointed as Sec. of JSC
The former secretary of the Judicial Service Commission (JSC) Manjula Tilakaratne was appointed as the supernumerary District Judge of Ratnapura, while High Court judge Sisira Ratnayake has been appointed as the secretary of the JSC.


Some Reflections On The Outdated Notion Of Parliamentary Supremacy

Colombo TelegraphBy Jayantha de A. Guneratne -February 1, 2013 
Dr Jayantha de A. Guneratne PC
During the recent controversies on the impeachment of the Chief Justice of Sri Lanka, the view has been taken quite strongly by parliamentarians of both the government and the opposition that the orders of the Supreme Court and the Court of Appeal (S.C.Reference No. 312012/C.A.(Writ) Application No.35812012, 01.01.2013, 07. 01. 2003) issued against the proceedings of the Parliamentary Select Committee which inquired into the impeachment, is an affront to the supremacy of Parliament. This short reflection is an attempt to deal with some of these fundamental misconceptions.
Constitutional culture in the British tradition
It must be said that in England, when the supremacy of Parliament was firmly established at the turn of the 17th century through an alliance of the lawyers and the judiciary, this was done to overcome the authority of the Monarch. An inevitable consequence of that was the entrenchment of the Independence of the Judiciary through the concept of the Separation of Powers. Even in regard to laws passed by Parliament thereafter, a convention that had been built into British Constitutional Law is not that the Judiciary cannot review legislation but that it will not. Such is the constitutional culture that invests the British legal tradition. These are matters that anyone who has even a nodding acquaintance with British constitutional history and law, as revealed by academic authorities such as S. A. de Smith, Hood Philips etc. in their writings, would be aware of.
Sovereign power of the people
In contrast, taking the Parliamentary history of Sri Lanka, after independence under the Soulbury Constitution through 1946 to 1948, parliamentary supremacy had never been established as the predominant characteristic of that Constitution. However, this concept came to be established under the 1972 Constitution when in Article 44, the National State Assembly (Parliament) was made the supreme instrument of state power.
Yet what is important to note is that this reasoning was unequivocally departed from by the present Constitution (1978) through the introduction of the concept of sovereign power of the people (Article 3). This was made a justiciable provision by virtue of Article 83, prompting the Supreme Court in reported cases to note that, unlike under the 1972 Constitution, there were limitations on the powers of Parliament. This meant in brief that the powers of Parliament were confined to the legislative power to pass laws, which clearly goes against an argument that, the predominant characteristic of the present Constitution is “the Supremacy of Parliament” 
The two orders of the courts
Taking this argument further in the practical context of the two orders of the Supreme Court and the Court of Appeal in issue, it must be said that there is nothing to prevent Parliament in the exercise of its legislative power, under Article 75 of the Constitution, to introduce a Bill, conferring power on the Speaker to constitute a Select Committee of Parliament to investigate and report on any alleged misbehavior or incapacity of a Superior Court Judge. This is subject to such a Bill being determined by the Supreme Court as to its constitutionality, having regard necessarily to Article 4(c) of the Constitution. For that reason, the Supreme Court may well hold that a 2/3rd majority in Parliament as well as a referendum of the people would be required.
Relevantly, the Supreme Court in its aforesaid order, determined that, “it is mandatory for the Parliament to provide by law the body competent to conduct the investigation contemplated by Article107 (3) …..” and that, “matters relating to proof being matters of law, also will have to be provided by law…..”
Standing Order 78A deficient in many respects
It must be noted in this context that Article 107(3) of the Constitution itself is silent as to the said body competent to conduct an investigation and report as contemplated by that Article. Therefore, it may be observed that the order of the Supreme Court, stands fully justified within the confines of the constitutional provisions in as much as a Select Committee appointed by the Speaker under a Standing Order (78A) does not measure up to basic conditions.
First, such a Select Committee could not be regarded as such a competent body. Secondly, the said Standing Order (in any event), has not provided for matters of proof for the Select Committee to adopt and act upon rendering the said Standing Order arbitrary, to say the least. Thirdly, (even though the Supreme Court has not explicitly referred to the same) the joint act of the Speaker and the Select Committee are obnoxious to Article 75 read with Article 76(1) of the Constitution.
Supreme Court’s exclusive power to interpret 
Meanwhile, the view has been expressed by speakers on national television in Sri Lanka during the recent month, that, the words “…… or Standing Orders” have been rendered a dead letter by the said order of the Supreme Court. This view ignores not only the fact that, it is the Supreme Court that is constitutionally conferred with power to interpret the Constitution (under Article 125 of the Constitution), but also the fact that the Court has given specific reasons for the interpretation it has handed down.
However the question may legitimately be asked then, have the framers of the Constitution used the words “or Standing Orders” in vain? For the reason that, Article 107(3) refers not only to law but also, in the alternative to Standing Orders as well. To answer that question it is necessary to once again look at the terms of Article 107(3) which decrees that ‘Parliament shall by law or by Standing Orders provide for all matters relating to the presentation of such an address, including the procedure for the passing of such resolution, the investigation and proof of the alleged misbehavior or incapacity and the right of such Judge to appear and to be heard in person or by representative.
Omission of the legislature
As noted initially, Article 107(3) does not refer to and is silent as to the forum to provide “for all matters relating to the presentation …… etc.” Once a proper body competent to conduct the investigation under 107(3) is created, that body may then be in a position to provide for “all matters relating to the presentation ……… etc” That body must necessarily therefore be first established by law (Act of Parliament) which may well be even a Select Committee of Parliament which would then be competent to make Standing Orders in regard to the matters referred to in Article 107(3).
That omission of the legislature in regard to reference to the forum in Article 107(3) of the Constitution has been supplied by the Supreme Court, (as the apex court of the country) under Article 125 in interpreting the Constitution by holding that this must be done by law and not by Standing Orders Thus, the words “…..or Standing Orders’ in Article 107(3) have also not been used in vain.
To recap, what was sought to be done by Parliament, could not have been done by a Standing Order, which in any event does not conform to the terms of Article 107(3) of the Constitution. And Article 107(3) being silent on the body that must be established to investigate and report on a Superior Court judge’s alleged misbehaviour or incapacity, such a body must be established by law and not by Standing Order. Matters relating to proof by such a body must also be provided by law and not by a Standing Order, which in any event, the impugned Standing Order 78(A) itself does not provide for.
Certainly, as practising lawyers, there are judgments that go against us. We may not agree with such judgments wholesale. Yet, we are obliged to advice our clients in pursuance of our forensic duty to say, that nothing more can be done when the apex court determines on some matter.
An unenviable grundnorm for Sri Lanka
The consequent Court of Appeal judgment upon the Supreme Court ruling was that it had no alternative but to issue a writ of certiorari to quash the finding and/or the decision or the Report of the said Select Committee. Rightly, the jurisdiction of the Court of Appeal vested under Article 140 was held not to be subject to express ouster by the Constitution through a reading of the relevant constitutional articles.
In conclusion and reflecting on the unenviable controversies that this country’s law and judicial institutions have been subjected to in recent months, it may be said that though a Constitution is supposed to be the grundnorm (ie; basic norm or order), had Hans Kelsen been asked to comment on the current relevance of that theory, he would have been compelled to concede that he had gone drastically wrong somewhere in propounding his theory, at least in regard to the Sri Lankan situation.
 *Dr Jayantha de A. Guneratne, President’s Counsel
Blow to asylum battle as intelligence links Sri Lankan official to smugglers

The Australian can reveal that Australia's intelligence agencies have identified the official, who has a high profile and is known to be close to President Mahinda Rajapaksa. The agencies believe he is responsible for authorising numerous boats in the past 10 months, fuelling the surge of asylum-seekers from Sri Lanka that has threatened to overwhelm Australia's detention system.

Refugee boat surge to Australia linked to profiteering by Rajapakse ally

[TamilNet, Friday, 01 February 2013, 02:31 GMT]
TamilNetAustralia's Intelligence services linked a senior Sri Lankan government official who is close to Sri Lanka's president Rajapakse as responsible for "authorizing numerous boats in the past 10 months, fuelling the surge of asylum-seekers from Sri Lanka that has threatened to overwhelm Australia's detention system," The Australian reported Friday. While the complicity of this official in people smuggling was widely known at senior levels of the Gillard government, Foreign Minister Bob Carr during his visit to Sri Lanka in December never raised the matter with the Sri Lankan government, the paper pointed out. 

Bob Carr, Minister for Foreign Affairs, Australia
Bob Carr, Minister for Foreign Affairs, Australia
"While official corruption is a common feature of the people-smuggling industry across the world, the involvement of such a senior member of the government would appear to be unprecedented. The assessment inside the Australian government is that the official is "complicit" in people-smuggling, posing a serious obstacle to Australia's attempts to stop the flow of boats from Sri Lanka," the paper said.

Speaking on behalf of the Australian government, a spokesman for Immigration Minister Chris Bowen said the government was working closely with the Sri Lankans to break the smuggling syndicates, but declined to address the allegations against the official directly. "As you know, we do not publicly discuss people-smuggling or national security intelligence," the paper quoted the spokesman as saying.

Colombo's senior envoy to Australia flatly denied the allegations and described the allegations as a "smear campaign against the (official)".

According to Customs and Border Protection, a total of 122 asylum boats left Sri Lanka for Australia last year, with the first arriving in February.

A spokesman for the Australia-based Tamil Refugee Council (TRC), Trevor Grant, said in a press release: “We have suspected this all along. It would be virtually impossible for so many boats to leave such a small island without co-operation from the Sri Lankan Navy, and its Government...Even when the Foreign Minister Bob Carr went to Sri Lanka last December to talk about the increased flow of asylum-seeker boats with high-ranking officials, including the president, he did not mention it. Yet at the same time he offered $45 million of Australian taxpayers’ money to supposedly help stop the boats, knowing full well that there was corruption going on within Government ranks," Mr Grant said.

Julie Bishop, Opposition Deputy Leader
Julie Bishop, Opposition Deputy Leader
Meanwhile, TRC also accused the opposition Foreign Affairs spokesperson, Julie Bishop, for giving a misleading account of her meeting with Tamil representatives during her visit to Sri Lanka, according to a Tamil MP who spoke to her at length. Bishop had told listeners to ABC Radio’s Connect Asia program on Tuesday that she had spoken to Tamil National Alliance MPs, and other Tamil people in the north, where most Tamils live, and had seen or heard no evidence of persecution of Tamils. TRC pointed out that Tamil National Alliance MP Sivagnanam Sritharan contradicted Bishop's assertions in a recent Canadian Tamil Radio interview.

External Links:
AU:Blow to asylum battle as intelligence links Sri Lankan official to smugglers

Australian intelligence links SL official to smugglers


THURSDAY, 31 JANUARY 2013
A senior Sri Lankan government official is suspected by Australian authorities of being personally "complicit" in the people-smuggling trade, directly undermining Canberra's attempts to stop the surge in asylum-seeker boats.
The Australian can reveal that Australia's intelligence agencies have identified the official, who has a high profile and is known to be close to President Mahinda Rajapaksa. The agencies believe he is responsible for authorising numerous boats in the past 10 months, fuelling the surge of asylum-seekers from Sri Lanka that has threatened to overwhelm Australia's detention system.

The intelligence assessments about the figure, whom The Australian has chosen not to identify, are widely known at senior levels of the Gillard government.

It is understood options were canvassed as to how to handle the allegations before Foreign Minister Bob Carr's visit to Sri Lanka in December. Senator Carr never raised the matter with the Sri Lankan government, and Canberra has been pleased with the sharp reduction in boats from the nation in recent weeks.
The allegations against the official drew a flat denial from the Sri Lankan government, with Colombo's senior envoy to Australia, Bandula Jayasekara, describing them yesterday as "unbelievable, ridiculous, and mischievous".

While official corruption is a common feature of the people-smuggling industry across the world, the involvement of such a senior member of the government would appear to be unprecedented. The assessment inside the Australian government is that the official is "complicit" in people-smuggling, posing a serious obstacle to Australia's attempts to stop the flow of boats from Sri Lanka.

Australia's intelligence agencies believe it would be impossible for so many asylum-seeker boats to leave the island's shores without the individual's direct involvement.

However, one senior government source said he had not seen a "smoking gun" that proved it.

Speaking on behalf of the government, a spokesman for Immigration Minister Chris Bowen said the government was working closely with the Sri Lankans to break the smuggling syndicates, but declined to address the allegations against the official directly.

"As you know, we do not publicly discuss people-smuggling or national security intelligence," the spokesman said.

Mr Jayasekara described the allegations as a "smear campaign against the (official)".

"The government of Sri Lanka and the Sri Lankan defence authorities, incurring great expense, have worked overtime to prevent people-smugglers," Mr Jayasekara said.

"I deplore in the strongest terms your attempt to tarnish the image of Sri Lanka and the good name of the (official) by reports which I would not hesitate to call malicious. I would also like to question if there is a hidden agenda or two-legged tiger paws behind your attempt to discredit the (official)."

However, several Australian officials spoken to by The Australian said there was concern within government that the Sri Lankan government's near-total control over the island's maritime domain meant that the official had the power to "turn on the tap" and unleash untold asylum boats.

That presents a diplomatic dilemma for Australia, which must steer a middle course between lobbying Sri Lanka to improve its tainted human rights record while at the same time trying to avoid offending the Sri Lankan government.

According to Customs and Border Protection, a total of 122 asylum boats left Sri Lanka for Australia last year, with the first arriving in February.

The surge provoked confusion and alarm within the government, which had been confident it had broken the back of the Sri Lankan smuggling trade, which flourished briefly in the aftermath of Sri Lanka's 2009 civil war.

But since Senator Carr's visit to Sri Lanka, government sources have expressed optimism about the Sri Lankan problem, as the flow of boats has stopped.

Australian officials credit the reduction in arrivals to several factors, including bad weather and the success of the Gillard government's policy of "screening out" and promptly returning boatpeople who do not raise refugee claims.(The Australian)