Thursday, November 2, 2017

“I HAVE THE GENUINE FEAR, IF THE NATIONAL QUESTION IS NOT RESOLVED …” SAMPANTHAN’S SPEECH ON CONSTITUTIONALREFOR M

02/11/2017

Rajavarothiam Sampanthan – Leader of the Opposition.

Thank you, Mr. Chairman. We are debating the Interim Report submitted to the Constitutional Assembly by the Steering Committee appointed by the Constitutional Assembly in regard to the framing of a new Constitution for our country. This is a very important debate, Sir, a historic debate.

“I HAVE THE GENUINE FEAR, IF THE NATIONAL QUESTION IS NOT RESOLVED …” SAMPANTHAN’S SPEECH ON CONSTITUTIONAL... by Thavam on Scribd

Behind the protest - Families of the disappeared: Selvan

Artwork courtesy of Sagi Thilipkumar (@saygi)

30Oct 2017

For months relatives of the forcibly disappeared have been protesting on the streets across the North-East, demanding to know the whereabouts of their loved ones. Despite years, sometimes decades, of various government mechanisms and pledges, their search for answers continues.

In this series of interviews conducted since May 2017, Tamil Guardian goes behind the protest to the individual stories that make up this unyielding movement of Tamil families of the disappeared.

Selvan

During the closing weeks of the armed conflict in 2009, Sinthanaiselvan had fallen ill. Amongst the hundreds of thousands of Tamil civilians holed up in the final conflict zone, his health had sharply deteriorated as disease spread amongst the displaced. Though he normally carries a large frame and big build, he had begun to lose a lot of weight.

“There was no food or water,” says his mother Sarojini. She is part of a group of mothers searching for her disappeared child.

“He would stay in the bunker and our relatives would give him food when they could, but he lost lots of weight and could not walk.”

“At this point, there were also shells being dropped and we could not run,” she adds. The Sri Lankan military was in the midst of a massive military offensive. Thousands had already been killed by the widespread aerial bombardment. Many more would be slaughtered in the weeks to come.

Selvan, as he was known at home, had contracted shingles says Sarojini. The disease is infectious, caused by the same virus that gives children chickenpox, spreading easily and rapidly through close contact. Usually it is self-limiting and leaves a mild itchy rash that clears up in a week or two. In adults however, shingles can have serious complications, causing painful blisters and searing fevers.

As his health worsened, he was forcibly displaced alongside hundreds of thousands of others as they dodged Sri Lankan artillery fire. “I held on to his arm and was fleeing the area but on the way he fainted because of the lack of food,” Sarojini continues.

During those final few weeks UNICEF spoke out at the “extreme conditions” the Tamil civilians were trapped in, “including scarcity of safe water, sanitation, insufficient health care and medicines as well as scarcity of food”. “Witness testimonies and other documentation refer to many dying of starvation, exhaustion or lack of medical care in addition to those killed by shelling and shooting,” said the UN Report of the OHCHR Investigation on Sri Lanka (OISL). “It remains to be investigated how many people - particularly the most vulnerable such as the elderly and children - died as a result of lack of access to food and medical care.”

With the government embargo on food and medicine tightening, Selvan had become too weak to flee any further. It was clear that he needed immediate medical attention. “Once he fainted our relatives took him to the army at the Vattuvakal Bridge,” recalls Sarojini. “This is where my son was put in army custody.”

It was May 16th 2009. From that day onwards, she has been in a desperate search to find her son.

Selvan was taken by the Sri Lankan army and transferred to an undisclosed location. Though he required urgent medical treatment, the military did not tell Sarojini where he was being held. “We went to many hospitals with my son’s picture,” she says.

The first placed they searched was Vavuniya Hospital. The government had barred international humanitarian organisations from entering the conflict zone, but had granted limited access to a few groups to operate from Vavuniya, such as the International Committee of the Red Cross (ICRC) and Médecins Sans Frontières (MSF). Thousands of patients had been treated and operated on there, many for blast injuries.

“At that time there were people from our villages employed by the ICRC,” says Sarojini. “There was a girl who said, ‘We saw Anna (older brother), he came here and received treatment. I am not sure if he is in the ward or if they have taken him.’”

”Once she told me, I immediately searched all of Vavuniya Hospital’s wards,” she continues. “He was not there.”

Vavuniya Hospital in 2009. Photograph: MSF.

Her search for Selvan became frantic. Armed with a picture of her son Sarojini travelled across the whole island, searching hospitals for news of him. From Vavuniya she travelled to Mannar. From Mannar to Colombo. From Colombo to Angoda. She enquired about him at every single stop. “When we asked at each hospital or camp they said they did not know,” she says. At Angoda, hospital staff told her to try looking in Kandy.

It was there that she finally discovered more news of his whereabouts. “A nurse there saw my son’s picture and said, ’We treated him here’”. The nurse reported that Selvan was said to be an LTTE doctor and there were two Sri Lankan army guards constantly watching over his bed.

Sarojini also spoke to another patient at the hospital, who confirmed that Selvan had been admitted there. “Since he was ill, he had grown a beard,” she states. In the laminated photograph she holds in her hands, Selvan sports a neatly shaved moustache and crisp short-sleeved shirt. “You can imagine how it must be living in a bunker,” she says gripping the edges of his picture. “Even if they don’t shave for one or two weeks, they look different.”

“So he had grown a beard and his face was different. The chicken pox had caused his blisters on his face and his tongue had swollen.” Despite his change in appearance, the other patient was sure it was him. “When the doctor was checking him, he asked for my son’s name and at that time he could not speak because of the sores on his tongue,” she continues. “So he wrote out his name – Selvan.”

The nurse at Kandy checked their records and confirmed that Selvan had been admitted from June 1st 2009 until the 5th. He was a patient on ward number 28. Hospital documents showed that on discharge, he was taken to Padaviya.

“The doctors and nurses there were very helpful,” says Sarojini tearfully. “We cried there.”

She travelled on to Padaviya, hundreds of miles away to the north of Kandy. With confirmation that Selvan was transferred to the army camp in the town, Sarojini was determined to find him. The Sri Lankan security forces however, refused to co-operate. “When I went there and showed them the picture and cried calling my son’s name, they said there was no one like that there,” she weeps. “They did not even let us in; we just stood at the gate.”

"There were lots of children inside,” she says. “If they were not doing anything wrong they could have let us in to see. We could have seen our children that way if they let us. But they did not show us.” She still has not been inside the Padaviya camp.

In the years since that encounter, Sarojini and her husband have been agonising over the fate of their son. In December 2012, the family received an anonymous phone call telling them that once “investigations are over” Selvan would be allowed to return home. “When we tried to call the number back it did not work,” she says. Since then, no more calls have come and officials have always denied knowledge of his whereabouts. They have no further information on where their son is.

“After that, till now, we have not received any messages and so we have continued to protest like this." She sits on a tarpaulin sheet outside the Murugan temple in Kilinochchi as part of a demonstration calling for action over enforced disappearances. It had already been 150 days. “I have become ill now,” she laments. “My husband is 63 years old and he is still the one earning and feeding us. We are living a state where if he does not go to work for one day, we will not have food at home.”

Selvan is her oldest child and she worries about his wellbeing. “He has nothing except the clothes that he was wearing that day - a saram and shirt.” She is convinced the Sri Lankan state knows where he is. “They are keeping my son somewhere here. Wherever he is… whether he is in a refugee camp or a secret camp.”

“Wherever they are, in whichever way possible, you need to find our children,” she pleads.

01/11/2017

Rights of persons with disabilities (PwDs)

FACTS
Although Sri Lanka boasts of a diverse populace, there is virtually no recognition of PwDs as a part of the diversity. Census carried out by the Department of Census and Statistics (DCS) in 2012 records 8.7% of the total population as PwDs but concerns remain regarding the definition and criteria for identifying PwDs. (LSD 2016) Regular statistical collections by the government and other national bodies produce conflicting data and therefore there is no reliable official figure on disability and many other issues. (UNESCAP 2003)
RECCOMENDATION

Take appropriate measures to collect reliable and segregated data on PwDs in Sri Lanka in order to facilitate policy formulation.

FACTS
In practice, persons with intellectual disabilities, paraplegics and those with severe disabilities are frequently denied accommodation in enjoyment of their most fundamental human rights and participation in society.
Economic, geographic, ethnic and gender related barriers as well as severe delays^[1] pose heightened challenges for PwDs’ accessing justice. Additionally, physical inaccessibility of courts and communication barriers caused by the lack of sign language interpreters, for example, result in further denial of access to justice. (LSD 2016)
RECOMMENDATION

Take steps to prepare a white paper on enforcing rights of PwDs including the right to justice.

FACTS
Prevailing culture and attitudes, which perceive disability as a penance for past sins and a burden, influence the dominant charity-based discourse on matters relating to PwDs. The attitudinal barriers play a major role in stagnation of policies and regulations. Marginalization of the PwDs is aggravated where intersectionalities operate, namely gender, ethnicity, geographical location, social and economic status. (LSD 2016)
RECOMMENDATION

Launch a multi–pronged awareness campaign on respecting and accepting PwDs as equal human beings and consider including relent educational material in school curriculum.

FACTS
The three-decade old war that ended in 2009 contributed significantly to the increase in the number of PwDs in Sri Lanka. Combatants as well as civilians suffered disability. While the soldiers with disabilities in the military are generally viewed as heroes, LTTE ex-combatants are viewed with suspicion and their daily activities are subjected to military surveillance. Discrimination and abuse is multiplied in the case of female ex-combatants. (LSD 2016)
RECOMMENDATION

Treat war victim PwDs equally in providing government social services and have a special focus on female ex-combatants who are living with disabilities.

FACTS
Women with disabilities (WwD) face additional barriers in accessing education, vocational training, and judicial services. In addition to the discrimination, the overprotective attitudes of their families often amount to oppression. WwD, especially intellectual and psychiatric disabilities, are also vulnerable to experiencing higher rates of domestic violence (which often goes unreported) and desertion by their husbands. Social prejudices and spousal domination are also instrumental in hampering sexual and reproductive rights of WwD. (LSD 2016)
RECOMMENDATIONS

Establish a special unit/committee in collaboration with Social Services and Women’s Affairs Ministries to formulate comprehensive programme to enhance rights of the WwD.
Include WwD representative in the National Women’s Committee under CEDAW.

FACTS
Accessibility standards for PwDs are not implemented even in state institutions and state-run buildings in violation of a Supreme Court ruling. Public transport systems, including train stations, train compartments and buses in Sri Lanka do not support accessibility for PwDs. (DOFJ 2017)
RECOMMENDATION

Draw up a proper plan for gradual and steady transformation of all public institutions and public transport systems in Sri Lanka making them accessible for PwDs while introducing temporary measures to ease the problem.

FACTS
70.93% of PwDs are not economically active. Lack of physical accessibility, communicational and social barriers affect economic activeness of the PwDs. The employment ratio of PwDs is 41.1%, with an immediately visible difference between employment of males (61.6%) and females (24.4%). (LSD 2016). When filing vacancies PwDs are not considered although there is 3% quota for them in the state sector. (DOFJ 2017)
RECOMMENDATIONS

As an initial step take measures to strictly implement the 3% quota policy for PwDs employments and raise the quota to 5%.
Take steps to recruit more WwD when filing existing vacancies.

Sri Lanka BRIEF/ UPR Papers – 04/2017 Read as a PDF SLB UPR papers No 04 2017 Rights of persons with disabilities (PwDs)

House under water

Thursday, 2 November 2017

There were a few things that would get us island folk in a flap in days gone by. Cricket, coconut spirits, cost of living – these about cut it then. Today you can add constitutional reform to the heady mix that has us islanders ready to get our sarongs in a twist or hitch them up to here in readiness for a brawl. Last but by no means least add a dash of the bitter argot that is the jargon of jingoists, a twist of the saliva inducing lime of ethno nationalistic chauvinism, and you’ve shaken and stirred a potent cocktail to be drained at one gulp… or poured down the sink…

House under water.docx by Thavam on Scribd

Will not sign new Constitution if harmful to nation -Speake

I was embarrassed at the way amendments were brought to the PC Elections Act
We cannot have legislations passed in this manner in the future
I am hopeful that there won’t be repetition of it in the future
Awaiting to see what the court ruling on the Act is
Speaker’s job is a thankless job
If there is a unity government, there must be principle agreements on policy matters
Currently, there is unfounded fear on the new Constitution

2017-10-31

Speaker Karu Jayasuriya, in an interview with the Daily Mirror, speaks out his stand on the constitution making process and the enactment of the Provincial Councils Elections Act. Excerpts:

QThere is a lot of criticism about the enactment of the Provincial Councils Elections Act with amendments starkly different to the contents in the original draft of the Bill. As the Speaker, what is your view?

It is the responsibility of the Government to bring forward Bills. They brought forward this Bill. Finally it was approved with 159 votes to 39. My role, as the Speaker, is to ensure that all the legal procedures are followed. As far as Parliament is concerned, we have acted within the existing rules, regulations and Standing Orders. The amendments passed have been duly approved by the Attorney General. We have acted within the prevailing regulations.

Of course, I too was embarrassed because the amendments were rushed in a manner so that there was not enough time for discussion. I conveyed this point at that time when the party leaders met. The Government was in a hurry to do this. Especially with the passage of the Local Government Bill, we did our duty as Parliament. The whole country was looking for elections.

Then, they will have to go to the people eventually. People themselves have to decide eventually at a referendum. Therefore, one does not need to have unfounded fear.

Of course, there were certain accusations to say that Parliament deliberately delayed the passing of the Bill, enabling the Government to get the required two-thirds. That is completely incorrect. As far as Parliament was concerned, the amendments were not ready. I was in touch with the Parliamentary Secretariat. After the amendments were cleared by the Attorney General and the Secretariat, I summoned Parliament.

QThe Original draft Bill sought to increase women’s quota in nomination lists. But, the amendments were about the change of the electoral system. It is argued that the general public did not have the chance to know about it in advance even and challenge its constitutionality. What is your view?

From the beginning I said, we cannot have legislations passed in the future in such a hush, hush manner. We have Oversight Committees. We have transparency. Sri Lanka Parliament is looked upon as a model. So, it has to follow all the good practices. I have spoken to the Prime Minister and the Leader of the House, and all concerned. I am quite hopeful that, in the future, there won’t be a repetition of this nature. It is, of course, embarrassing to the Speaker and the Secretariat.

Now it is over. Having said, that I must also state, that the entire country is looking forward for a change in the election system. I remember in 2002, it was I who proposed that we should bring about electoral reforms. It was the UNP Government. We though it should be chaired by an Opposition member. That is how we appointed MP Dinesh Gunawardane to head the Committee assigned to work out electoral reforms. He, along with me, came up with various proposals. It was the 70-30 formula that was agreed upon. All of us wanted the new system. A mandate was given at the last election for electoral reforms. Bringing this 50-50 formula is a political decision. I have no control over it.

There is a public opinion. Even the Tamil National Alliance (TNA) has recognised the importance of giving Buddhism the Foremost Place. That does not mean that we can harm other religions. Certainly, there were privileges that were enjoyed in the past.

QWhat do you think of introducing the new system at the cost of postponing elections?

I was always against the postponement of elections. It is a Fundamental Right in a democracy to have due elections. Now, the Government has accepted the fact that the elections should be held. On the floor of the House itself, the Prime Minister gave the assurance that the Local Government elections would be conducted in January, and the Provincial Council Elections in March. I have no reason to believe that those promises will not be fulfilled. If these promises are not fulfilled, it will be bad for the Government.

QYou, as the Speaker, have already certified the Bill. The enactment process has been challenged in the Supreme Court. What is your view?

This is a democratic country. Everybody has a right to go to court. We have a competent, independent Judiciary. Let us see what it will be!

QDo you subscribe to the view that the Speaker’s ruling prevails finally?

Those are the ideas we have got to study. I can still maintain the fact that, in the past, we had various allegations against the Judiciary. Politicisation of the Judiciary and interference in Judiciary do not take place any longer. Let us see what the judgement is!

QAs the Speaker, how do you find your job during the last two years?

Well, I did not want to be a Speaker. But, of course, I was unanimously appointed by all the 225 MPs. Actually, I was looking for a quiet life. The party and a lot of people felt that I still need to make a contribution. I was behind Ven. Maduluwawe Sobhitha Thera’s movement. What we wanted is democratic governance and transparency. After the Parliamentary Elections in 2015, everybody felt that some of those democratic reforms were needed to be brought in. In fact, I was the Minister in charge of democratic reforms, that I should be the Speaker. I took up the challenge. I am very happy when looking back. We were able to bring a large number of democratic reforms promised at that time- the Right to Information Act, the setting up of Independent Commissions. All the commissions are now functioning.

There is an educated set of people in Parliament. I do not think they will take any wrong decision. At the moment, I think there is unnecessary, unfounded fear on the Constitution.

We have a completely independent administration. Political interference is minimal. Now, a police officer can work without being subjected to political interference. A public servant can also do the same.

QHow do you find your job specially in maintaining the decorum in the House?

It is not an easy task. The Speaker’s job is a thankless job. You cannot satisfy everybody. There have been instances where my decisions were agreed upon by one section, and opposed by another. I am criticised by both sides. I do what I think is right. For the first time in history, we are going through a new political culture in this country. The two main political parties have come together. The UNP is more to the right of centre and the SLFP more to the left of centre. There are occasions of disagreements. People gave a mandate that the two main parties should get together. None of the parties got a working majority. This is the only way we can restore this country. It is not a love marriage. It is a marriage of convenience. There are occasional hiccoughs. We have to live together, though.

Various proposals will come forward. Some people ask for federalism, some other people for something else. These are ideas. It is up to Parliament to decide what the best is.

QSome people believe that there is a stalemate in the country with the decision making process hampered. What is your response to them?

There are ideological differences. These have to be sorted out. It has to be sorted out inside. That is a very important factor. The two leaders are determined to work together. If there is a Unity Government, there must be agreement on policies. I think there is more dialogue between the two main parties. I am apolitical.

QAt a recent function, you said you would not certify the new Constitution into law if it were against the interests of the country. When you say the interests of the country, what does it mean?

A lot of people are now talking about ‘Aekiya Raajya, the special place accorded to Buddhism, rights of people, the protection of other religions. If there is anything harmful to the nation, I will not sign. Having said that, I must tell that there is an educated set of people in Parliament. I do not think they will take any wrong decision. At the moment, I think there is unnecessary, unfounded fear on the Constitution. On March 9, the Constitutional Assembly met for the first time, and unanimously agreed that we should go ahead with these reforms. Various proposals will come forward. Some people ask for federalism, some other people for something else. These are ideas. It is up to Parliament to decide what the best is. I have told both the President and the Prime Minister that they should go before the religious leaders to get their blessings. Then, they will have to go to the people eventually. People themselves have to decide eventually at a referendum. Therefore, one does not need to have unfounded fear.

Then, they will have to go to the people eventually. People themselves have to decide eventually at a referendum. Therefore, one does not need to have unfounded fear.

The country is gaining a lot of international respect as a country that is democratic, and values human rights. There is transparency and good governance. Parliament should be used.

QWhen you say ‘Aekiya Raajya’ does it mean the unitary character of the Constitution?

I would rather leave it to the Constitutional Assembly to come out with it. There are various meanings being discussed. The Government is consulting various experts, including people like Suri Ratnapala. I would rather wait for what eventually comes out. As the Speaker, I cannot comment on what is coming out.

The country is gaining a lot of international respect as a country that is democratic, and values human rights. There is transparency and good governance. Parliament should be used.

QWhat is your view on the status of Buddhism granted in the present Constitution?

There is a public opinion. Even the Tamil National Alliance (TNA) has recognised the importance of giving Buddhism the Foremost Place. That does not mean that we can harm other religions. Certainly, there were privileges that were enjoyed in the past.

QNow, you say you act according to what you feel is correct. In fact, you supported the war on terrorism. You defied your party in this case. Will you take such a stand if you feel that the new Constitution is harmful to the country?

For that, I must see what is coming out. I cannot talk of something unborn. At the beginning, I said I would not sign anything harmful to the nation. Parliament consists of educated, mature people. They will not take a decision harmful to the nation.

A lot of people are now talking about ‘Aekiya Raajya, the special place accorded to Buddhism, rights of people, the protection of other religions. If there is anything harmful to the nation, I will not sign

I have told both the President and the Prime Minister that they should go before the religious leaders to get their blessings

Mahinda Rajapaksa, Give Peace A Chance !

By Ratna Bala –NOVEMBER 2, 2017

Dr Ratna Bala

An Appeal to Honourable MP Mr. Mahinda Rajapaksa, Give peace a chance and help people live with dignity and respect.

Few years ago in the midst of the war I have made an appeal to you on behalf of tamil Diaspora to have courage and vision to move the country forward. I have humbly requested you to do the right things to unite the people by making them all feel they are proud Sri Lankan citizens. For some reason by the end of war you choose the wrong path, very wrong path to engulf the nation in corruption and destroy the harmony and unity of Sri Lankan people belong to different ethnic culture and history. Although repeatedly promised, couldn’t demonstrate your genuine commitment to resolve ethnic problem. 13A plus, APRC report and LLRC report all went down the drain silently. You have paved the way for international players to achieve their objective and exploit our nation. Although you have taken a long journey in the wrong direction still it’s not late for you to acknowledge your mistakes and co-operate with the new government to help Sri Lankan people find their country in peace and live their lives with Buddhist values of compassion and coexistence with respect, dignity and equality. Here I reproduce my appeal as it is still very relevant at this juncture.

His Excellency Mr Mahinda Rajapaksa,

Thank you for this opportunity. I am speaking on behalf of certain sections of the Tamil Diaspora. This obviously would not reflect the opinions of entire tamil Diaspora community

Mr. President we do not have any reason not to believe that you and your government have every intention and motivation to establish conditions conducive to preservation, expression and development of ethnic identity of minorities in Sri Lanka and treat every citizen as equals regardless of their religion language and culture. We also don’t under estimate the enormous pressure on your shoulders and the hard work lies ahead to find a settlement to this ethnic conflict.

Since independence several proposals have been put forward to resolve the difference between ethnic communities. So far they have failed to produce any constructive results.

We are not experts on settling ethnic conflicts. They say the devil is the detail and we are not aware of every detail of the issues involved. Best ways of settling these issues with the approval of majority of people definitely need every possible help of the experts. We believe you will get all the help available in the world to solve this conflict without much delay.

We could say that Sri Lankan government shifting very hesitantly from politics of control to politics of recognition of its ethnic minorities. Unless this transformation takes place soon with substantial devolution of powers, maintaining unity with all its diversity and having peace will remain a distant illusion.

FMM CALLS FOR A PRESIDENTIAL COMMISSION TO DELIVER THE JUSTICE FOR CRIMES AGAINST MEDIA IN SRI LANKA.

02/11/2017

Issuing a statement to mark the International Day to End Impunity for Crimes against Journalists which fell on 02 November 2017 The Free Media Movement of Sri Lanka has called for a presidential commission with a comprehensive mandate is necessary to deliver the justice for crimes against media in Sri Lanka.

Full text of the statement fellows:

While regret to emphasize the fact that no justice has been delivered for the deliberate crimes against journalists in Sri Lanka, Free Media Movement urges the President of Sri Lanka to appoint a Presidential Commission of Inquiry with a comprehensive mandate of investigation. FMM has been campaigning for this for the last 25 years, including lobbying at the meeting with government officials and by issuing media statements. However, no justice has been delivered to the deliberate crimes against journalists and media institutions that launched in order to suppress the freedom of expression and right to information.

Murder, attempted murder, disappearances, abductions and torture of journalists as well as attacks against media institutions have been reported in Sri Lanka. We emphasize that the responsibility lies within the Government of Sri Lanka for the investigation and punishing the perpetrators.

The United Nations have nominated the 02^nd November as the day to end impunity for crimes against journalists, due to this worldwide trend of impunity. Therefore, Free Media Movement urges the President Maithreepala Sirisena to appoint a presidential commission with comprehensive mandate in order to complete the ongoing investigations and to expedite the process of litigation.

C. Dodawatta

Convener

Dileesha Abeysundara

Secretary

NPC commences Maaveerar Naal remembrance with tree-planting

01Nov 2017

Commemorations leading up to Maaveerar Naal have commenced in the Tamil homeland, starting with the planting of trees in Mannar.

Launched last year by the Northern Provincial Council to the honour those who died fighting in the Tamil struggle, the initiative began with special prayers at Thiruketheeswaram Kovil.

This year’s tree planting was inaugurated by NPC agriculture minister K. Sivanesan in the Sivapuram village of Thiruketheeswaram.

South Asian and African experts call for strengthening RTI enforcement

2017-11-02
Experts from South Asia and Africa meeting in Dhaka called for strengthening processes to ensure the right to information of all persons, and for ensuring integrity of Information Commissions and recognition of Governments as key stakeholders. Members and staff of Information Commissions, along with lawyers, journalists and civil society members from 6 countries - Bangladesh, India, Nepal and Sri Lanka in South Asia and Kenya and South Africa met in Dhaka on October 26-27, 2017. The Social Architects (TSA), Research Initiative Bangladesh (RIB) and Bangladesh Legal Aid and Services Trust (BLAST) hosted the meeting.

Discussions during the conference sessions focused on procedures for seeking information and performance of governments and public authorities in bedding down the transparency regime, appeal and complaint procedures before Information Commissions, the role of the courts in relation to RTI proactive and routine information disclosure, including both low tech and high tech solutions.

Panellists discussed the selection process of Information Commissions, ensuring transparency in the process and guaranteeing insulation from political interests. They highlighted the need for capacity building of RTI service providers/officers. Panellists urged governments and Information Commissions to put in place accessible and disabled friendly access to information, digitalization of public records and information management. Based on the urgency in matters relating to information about the life and liberty of an individual under threat, they called for a RTI Commissions in the region to prioritize the queries of information pursuers.

Social media can be an ally in the promotion of people’s access to truthful and reliable information on the working of public authorities in the age of “post-truth” and “alternative facts”. Participants also urged government bodies and NGOs to collaborate in spreading awareness among the people about RTI laws.

In order to encourage public authorities and civil servants to implement the law effectively, a scheme to incentivise performance, should be instituted along the South African model. Panellists also addressed exemptions to RTI including privacy/data protection – and the role of Information Commissions, Governments, civil society and the media in promoting awareness of RTI.

Participants shared best practices, with a particular focus on the provision of new remedies to protect fundamental rights, and on ensuring accountability of both public and private authorities. The regional meeting made an overall assessment of the status of implementation of the RTI legislation, examining the use of RTI in country specific contexts in the context of civil and political and economic and social rights, mapped out challenges and evaluating successes.

Enough is enough.! Don’t expect feathers of good governance from an overturned Maithripala tortoise ! Identify the faceless, policy less, power crazy creature !

By Wimal Dheerasekera

(Lanka-e-News - 02.Nov.2017, 6.30AM) It is a well and widely known fact it is after garnering views of all the parties in parliament and the people’s opinions in pursuance of a long process , an official methodology was evolved after two long years to introduce a new constitution for the country , and the Constitution formulating steering committee tabled an interim report on the new constitution in parliament. Unbelievably it is while this interim report has been tabled , the president Maithripala is resorting to dubious and devious moves to delay it unheeding his promises and pledges .

That is , by claiming fresh proposals shall be sought in regard to the interim report of the constitution formulation steering committee , president Maithripala has announced three conferences shall be convened with the participation of all religions , another with the participation of all parties and the third with representatives of the country’s intelligentsia.

The president made this announcement when addressing the National dialogue for co existence and government’s languages ministry’s national convention held at the Sugathadasa Indoor stadium on 30 th.

It is significant to note the Constitution formulation steering committee forwarded its interim report only after discussions with all the parties , all religious organizations , all Civil Organizations as well as the people across the country which included the intelligentsia, and securing their opinions. The views of the intelligentsia were also gathered along with those of the people.

In the interim report tabled in parliament, all these are clearly mentioned. Therefore talking about holding conferences of all parties and all religions to resolve the national issue by Sirisena in the same way as from the period of Late J.R. Jayawardena is absolute lunacy , absurdity and folly. It is like putting into the mud what was cleansed , over and over again.

In the circumstances , it is very evident president Maithripala is seeking to take the masses for a ride by impeding the introduction of the new constitution which aims at abolishing the executive presidency. To bear out this accusation there are cogent and copious evidence . Some of those are hereunder…

Betrayal of a most despicable and disgraceful order..

The interim report of the constitution formulation steering Committee was held back so long because of the delays caused by the SLFP (whose president is none other than Maithripala Sirisena ) to make its proposals ..It was only after a deadline was set that before 30 th August the proposals shall be handed over , the SLFP submitted the proposals.

It is a matter for deep regret the SLFP wantonly dilly dallied for 6 long months with such an important national issue. What was even more astonishing and sinister : in those proposals which were inordinately delayed it was stated the executive presidency shall be retained . It is well to recall the SLFP since 1978 , the time Late J.R Jayawardena introduced the executive presidency, has been vehemently opposing the executive presidency. But strangely the present SLFP proposal is for continuance of the executive presidency .

President Maithripala nevertheless continues to tell every leader of Civil Organizations , those proposals are not his and are of the committee headed by Nimal Siripala appointed by the SLFP . In any case to those leaders he says his promise to abolish the executive presidency is still tenable though it is very evident even to the most obtuse those are clearly double tongued utterances of his to pull the wool over the eyes of those leaders .

We make this justifiable allegation because the SLFP committee forwarded its proposals to president Maithripala to take the final decision – that is ,he was given the opportunity to change those . Yet what was submitted to the Constitution steering committee was the list of proposals of Nimal Siripala headed SLFP proposals without changes , meaning that it is no less a person than Maithripala the president of the country himself and none else who wants the executive presidency to be perpetuated.

This despicable and deplorable turnaround of Maithripala is clearly contradicting his solemn and categorical cardinal promise made by him on 2015-01-08 to the masses that he would abolish the executive presidency . This sly and hypocritical move of the president is tantamount to shamelessly not only betraying but even scorning the people on whose votes he came to power.

Needless to say , all the Civil Organizations and political parties got together with Sirisena prior to 2015-01-08 to make him the common presidential candidate based on one and only one condition – that the executive presidency shall be abolished by him within 100 days of his coming to power.

All leaders of political parties and civil organizations who agreed and those who even did not concur in it would bear witness to this . Hence , the sole purpose of electing the common candidate as president was with that end in view – abolition of executive presidency. While all the other matters like Independent Commissions came under the purview of the Parliament , the sole and whole task of the president , the common candidate was to abolish the executive presidency to which he consented , and to ensure its abolition. The other parties to the agreement had no interest or intention to become presidents through Maithripala nor did they agree to such a thing.

The rude shock however came , when the first dubious and diabolic move was made by Maithripala Sirisena after becoming the president, that is ‍dodging the solemnly promised task of abolition of the executive presidency within 100 days. Colluding with the JHU discards, and the crooks who joined the SLFP Maithri group , he gave mischievous twists to the meaning of ‘abolition of executive presidency’ , by saying ‘ it is not abolition of executive presidency but abolition of executive powers.’ While pointing that out , the clauses pertaining to undertakings given to the people in the manifesto were also distorted by Mathripala, and through the 19 th amendment he ensured the executive presidency shall be continued.

By taking cover behind his party and using that as a defense , president himself is now proposing that the executive presidency shall be continued without abolishing it thereby brazenly dishonoring his pledges and promises made to the people on 2015-01-08. This is most despicable, disgraceful , traitorous, treacherous and isn’t this tantamount to duping the people wholesale ?

1. Interestingly ,President Maithripala was so guilty of his gross betrayals and double speaks , that after selecting 11 th October to meet with the representatives of the 48 civil organizations which extended support to him on 2015-01-08 , he finally cancelled the meeting , obviously because the president knew he will not be able to answer the questions that will be posed by them .

Lackeys and lickspittles of Maithri who are obstructing the new constitution….

2. President Maithripala who has realized the wonderful taste of the corrupt executive power is aware if the new constitution is introduced , the executive presidency will be abolished undoubtedly , in which event the current illicit amassment of wealth by his son in law and daughter would have to stop . Therefore what he did was made ‘procrastination the thief of time’ his friend and not foe to delay the new constitution to serve his selfish interests to the detriment of most paramount national interests .

After the interim report was tabled in parliament ,his first move was , getting around the Anunayaka Theras, and inducing them to make a statement ‘a new constitution is unnecessary at this juncture’. Behind this manipulation was none other than the president himself, and it was he who was behind the front page publicity in that regard given via the newspapers. The writer is revealing these based on concrete evidence . It was the media personnel of the relevant newspapers covering the president’s events who gave those instructions. Of course they carry out whatever orders issued by the president.

Further evidence testifying to this is , the announcement made by Athureliya Rathane , advisor to the president . Athureliya said in the second round ,‘ at this moment a new constitution is not needed’ . It is common knowledge Maithripala and Rathane are inseparable like the corroded bolt and nut .

The only vital question that can be asked from this evil duo is ’ if this is not the time when will it be ?’ ‘ Is it after another war ?’

Bomb attack on parliament …

3. The statement made by Wimal Weerawansa in the second round that if the constitution is adopted the parliament should be bombed is also most pertinent and ominous. It cannot be forgotten Weerawansa made this statement after his meeting with president Maithri .

Keheliya Rambukwella who was all these days silent without making any controversial statements , following Weerawansa’s portentous announcement said , ‘not one , a hundred bombs must be hurled at the parliament.’

Keheliya helped Maithri on the sly during the last presidential elections to make him president , and raised 50 million rupees which was given to Maithri. As a reciprocal gesture , Maithri took steps to suppress the fraud and corruption charges against Rambukwella. The FCID and CID officers must be aware which are those cases. Who is behind Keheliya’s sudden loquacity after being silent this long is also no secret. What is most irksome and worrisome is the president despite being the highest in the hierarchy remaining deaf ,dumb, blind and heedless to the ominous threats made by two UPFA members Weerawansa and Rambukwella that the parliament shall be bombed.

Collusion with Racist Medagoda

4. In the midst of all these muddling up and mischief making , Maithripala Sirisena attended the pinkama of an inveterate hardcore racist Medagoda Abayatissa. The president tried to portray this was a strategy to control Abayatissa ,but in fact that was an absolute unalloyed pretense. Leaders who are anti racial will not attend conventions along with racists, because racism can be fought and conquered . On 2015-01-08 , the masses clearly proved even the racists possessing State power, wealth and media backing can be defeated . When that is the stark truth , why should the victors wielding State power , wealth and media backing today attend the conventions of defeated, deflated and discarded racists ? This is obviously a ploy to obstruct the new constitution and perpetuate the executive presidency using the racists and to continue enjoying the taste of obnoxious and corrupt executive powers.

All party conferences are a camouflage

5. The president making a sudden announcement as though he had fallen from the sky and speaking about conferences of all parties , all religions and the intelligentsia is his latest subterfuge .

The proposals of all religions have been received pertaining to the new constitution. The proposals of the intelligentsia have also been already received .Not only the all party proposals but even the proposals of the people are also stated in writing in the interim report . In the circumstances , there is no necessity at all to further procrastinate and waste time. When all the proposals have been submitted to the Constitution formulation steering committee , why hold some more all party conferences ? Surely the president cannot say he is afflicted with scabies at a naughty spot and therefore the incurable persistent itch is affecting his mental equilibrium .

It is the consensus what ought to be done now is , debate the subject in parliament and prepare the draft bill with a view to hold a people’s referendum to seek a two third majority . Towards that a powerful publicity program shall be put in place so that the people will be enlightened on it.

Instead of that by convening an all party conference based on guiles and guises , it is not only the parliamentary proceedings which will be overturned , but the people are also being confused whereby the introduction of the new constitution is being decelerated and further delayed.

Like how the SAITM issue which could have been resolved by courts , was driven into a pickle by the president holding ad hoc discussions, the new constitution too which can be resolved smoothly and lawfully via the parliament and a referendum is without any trace of doubt being befouled by the president by convening all party conferences which have no official status or common feature .

The time has arrived to those who are laboring under the delusion that Maithripala Sirisena is the president of good governance government since 2015-01-08, to divest themselves of that foolish self deceiving notion, for by now it is manifest he is a confirmed rascally rogue who excels in double speaks , double crossing and double deals. He is one who knows nothing about good and bad , let alone good governance.

Now that his faceless, policy less and unscrupulous nature is crystal clear , the time is now opportune to take direct measures to remove his mask ,and defeat his evil manipulations and sinister aspirations . The pro good governance masses of the victorious rainbow revolution of 2015 -01-08 must gear up to mete out the same treatment to him and Mahinda Rajapakse whom he portrays as an evil apparition . This is most imperative because Maithripala is so unscrupulous and evil personified that at a not so distant date , if only he can protect his position and perpetuate his obnoxious power he would join hands even with the worst lethal ,virulent anti national forces to sacrifice the nation and the country at the altar of his selfish rapacious power greedy aims and devilish ambitions. A cursory glance at his political antecedence clearly bear testimony to that .

If any politician is to think Maithripala Sirisena who had no sense of shame to do a villainous turnaround and contest elections under the nominations list of the racist forces by July 2015 just seven months after January 8th 2015 , will not repeat that after three years , he /she must be a two legged political ass.