Trinco 5 remembered in Trincomalee

03Jan 2018

The five students summarily executed by Sri Lankan Special Task Force troops 12 years ago were remembered on Tuesday by locals on the Trincomalee beach on which they were killed.

The case – known as the 'Trinco 5' – remains one of the highest profile killings in Sri Lanka to receive international attention, listed in 2014 by the then UN High Commissioner for Human Rights' report on the island as one of four ‘emblematic cases’ of the government's failure to ensure accountability.

The five slain students, who were all 20-years-old when killed, are:

Manoharan Ragihar (22.09.1985)

Yogarajah Hemachchandra (04.03.1985)

Logitharajah Rohan (07.04.1985)

Thangathurai Sivanantha (06.04.1985)

Shanmugarajah Gajendran (16.09.1985)

 

Related Articles: 

02 January 2018 : 12 years on and still no justice - Trinco 5 killings

03 January 2018 : US ambassador says ‘justice delayed is justice denied’ for Trinco 5

We can’t despair, we can’t abandon things, says Sri Lanka’s R. Sampanthan

TNA’s R. Sampanthan   | Photo Credit: Special Arrangement

Sri Lanka’s seniormost politician on the government’s record on the political solution to the Tamil issue

R. Sampanthan, leader of the Opposition in Sri Lanka’s Parliament, is also the country’s seniormost politician, having been in politics for more than six decades. In the January 2015 presidential poll, the Tamil National Alliance (TNA) he leads backed the President Maithripala Sirisena–Prime Minister Ranil Wickremesinghe combine that ousted former President Mahinda Rajapaksa. Three years on, in a conversation at his Colombo residence, the Tamil leader, now 84, weighs in on the government’s performance, particularly on promises made to the Tamils in the aftermath of a brutal civil war. He also reflects on the future of Tamil politics. Excerpts:

It is three years since Sri Lanka’s national unity government came to power with the overwhelming support of ethnic and religious minorities, including the Tamils. How do you reflect on that moment and your decision to support President Sirisena?

Meera Srinivasan







-JANUARY 03, 2018

I have not the slightest doubt that we made the correct decision in backing Mr. Sirisena. We were sick of the Rajapaksa government which had been particularly unjust and unfair to the Tamil civilians.
President Sirisena had been involved with Tamil politics even before he stood for election. He was one of the strongest supporters of a just and reasonable solution to the Tamil question. He supported the constitutional proposals put forward by President Chandrika Bandaranaike, between 1994 and 2000. That, no doubt, influenced our decision. We were also influenced in our decision by the fact that Mr. Sirisena and Prime Minister Wickremesinghe were willing to work together. For the first time, this provided an opportunity for the emergence of a multi-party consensus, particularly between the two main political parties, on the Tamil question.
I have no regrets about the decision we made, though the Tamil people, and consequently those of us who represent them, expected greater performance from the government.

Assessing this government’s record, especially in relation to a political solution to the Tamil question and constitutional reform, what are the substantial gains made by the Tamils?

The Constitution process commenced in 2016 to evolve a reasonable political solution to the national question and considerable work has been done.

The steering committee [appointed with 21 members under the chairmanship of the PM] met regularly for discussions and submitted an interim report, which has been debated in Parliament. After the local authority elections [in February], we expect the Constitution process to move forward more rapidly. The process has been somewhat delayed because of certain positions taken by certain political parties.

The issues that have been of concern to the Tamil civilian population are the release of [civilians’] land held by the armed forces, the question of continued detention of political detenues and missing persons. I will not say that nothing has been done. I would certainly say that much more could have been done.

Some of the lands [previously held by the military] have been released both in the north and east, after we exerted much pressure on the government. Release of land is a continuing phenomenon. It is not easy, but it is happening. Even a few days ago, 133 acres was released at Keppapilavu in Mullaitivu. I worked very assiduously on that.

In regard to persons detained, about 40-50% of them have come out of jail. On the question of missing persons — apparently there have been about 20,000 complaints — it is a very large number. What their families fundamentally require is some information on their missing relatives. Some conclusion about whether that person is alive or not. There must be some solace, reparation, and some forms of assistance that will enable them to come to terms with reality and be able to pick up their lives and proceed.

The government has not yet addressed its commitments on the question of accountability adopted by the UN Human Rights Council, and co-sponsored by the Government of Sri Lanka in 2015. The Tamil civilian population is bitterly disappointed about the delay.

The constitutional reform process that the TNA is supporting, even prioritising it over war crimes accountability mechanisms, has slowed down with the many deadlines set by the government having lapsed. The debate is mostly stuck on abolishing the executive presidency, according Buddhism the foremost place and initiating electoral reforms, and little on devolution itself. Do you feel that the coalition government is letting down the Tamil people?

We are not able to come to any conclusion on what would eventually happen. But if there has been no serious debate on a certain matter, it can also be for the reason that there is not much disagreement on it. I will not go into the nuances of the issue now, for it is well known that the Chief Ministers of all the provinces of this country, particularly those from outside the north and east, have been very strongly supportive of extensive sharing of power between the centre and the provinces. But of course, I will hold my breath until we see the final formulations.

Are you optimistic?

I am not pessimistic. This country needs a political solution to embark on a journey towards genuine development and progress, based on the equality of all its people. In these circumstances, what we can do is to remain steadfast in the pursuit of these processes, towards an early and successful conclusion. We can’t despair, we can’t abandon things.

Those of us entrusted with the responsibility have a duty to continue to repose at least a measure of trust in the process. We have to play a role that is responsible, pragmatic and oriented towards achievement of what is important for the Tamil people, rather than make a noise about everything and be a source of disruption and disturbance.

What is the alternative? Do the people want the return of the Mahinda Rajapaksa government? I am not saying that is a good enough reason for nothing to happen, but one must realise that under this government, the rule of law is maintained, we don’t have the culture of impunity that prevailed earlier, and the independence of the judiciary and civilian institutions has been restored.

When you take an overall picture of the situation, this is an environment conducive to the resolution of the issues pertaining to the Tamil people.

As Leader of the official Opposition, in what ways do you think you have been able to represent the concerns of Sri Lankans of other ethnicities and in other regions?

I have not ignored that aspect completely, but it may be that there is an expectation from some people that I could play a more constructive role. I will not disagree with that view, but at the same time, I think the most critical issue facing the country is the national question. If this country has not been able to get to where it should, it has been largely on account of this failure. I think the role that I am playing in that effort is probably not appreciated sufficiently by persons who think differently.

The country’s ethnic conflict was provoked and intensified by competing nationalisms — though arguably unequal — of the Sinhalese and Tamils. Even today, the dominant discourse of Tamil politics continues to be nationalist and ethnically polarising. How do you see Tamil nationalist politics, often evoking the LTTE and its relevance to the post-war context? Can it speak to the apparent religious intolerance and caste discrimination within Tamil society?

There are no doubts that there are certain fissures within Tamil society. These exist, I suppose, in every society.

The Tamil people need to come out of this sense of them being second class citizens in this country and not equal citizens. They don’t have the same rights that the others in the majority community have. The war was fought for that reason. The fact that the war has ended does not mean that the conflict itself has been resolved.

While I do think that there must be a greater appreciation of the need for balance and a cautious approach to different issues, there is a basic root cause that also needs to be addressed. If the new Constitution is able to provide the Tamil people with some belief in their future, these issues can probably be better addressed at that point of time than now.

The historic Northern Provincial Council (NPC) elections of 2013 gave the TNA its first opportunity in regional government. Despite the known limitations of inadequate power devolution, in what ways has the NPC served the people of the north? There is an accusation that much of the funds allocated remainS under-utilised, with the provincial administration not passing necessary statutes.

From all reports that I received and which I read perhaps the NPC could have done better. The 13th Amendment has its shortcomings, but more could have been done within its framework. Initially, the governor was being difficult, he was a military person, but since 2015 there have been new governors who are quite liberal and progressive. The NPC should have addressed issues pertaining to the people, their daily needs, in a much more constructive way than they have done.

Tensions within the TNA keep surfacing frequently, with some constituents accusing your party, the ITAK (Illankai Tamil Arasu Kachchi), of dominating the alliance. Could you comment on how the imminent local elections may impact Tamil politics and national politics?

Local government elections are held at the lowest level of the society and it is possible that under the new Constitution there will be a list of local government functions, like a list of national functions and a list of provincial subjects. If the provisions contemplated under the new Constitution are adopted, local government institutions can become reasonably important.

At present, I see people raising national issues at the electorate. I would think that a majority of the people would be supportive of the politics of the TNA, as of now comprising the ITAK, the PLOTE (People’s Liberation Organization of Tamil Eelam) and the TELO (Tamil Eelam Liberation Organization). Only the EPRLF (Eelam People’s Revolutionary Liberation Front) has gone out. I am reasonably confident that the people in their wisdom will appreciate the policies being pursued by the TNA.

And nationally?

We don’t know what is going to happen. There are three main players in the south, SLFP (Sri Lanka Freedom Party), the party of the President, the UNF (United National Front) of the Prime Minister and the SLPP (Sri Lanka People’s Front) led by former President Mahinda Rajapaksa. I don’t think one is able to yet discern the trends. We have to wait to see how it turns out.

Have you thought of succession plans for the TNA leadership?

I have not been really planning anything or having any definite focus on anyone or any particular course of action. I think it must play out over a period of time, as early as possible. Let us see what happens as we go along. I cannot be there forever, we need to have someone take over. It is not easy — you have to be cautious, you have to be patient and you need not be answering everybody, that is not possible.

THE IMPACT OF WAR ON WOMEN’S ECONOMIC EMPOWERMENT IN SRI LANKA

Image: Many women have lost husbands or family members due to war, whether by death or disappearance.

Savini Ganhewa.-03/01/2018

In 2009, the 26 years of civil war in Sri Lanka, much of which was fought in the Northern and Eastern Provinces of the country, came to an end. Many women in the war-affected regions have dealt with multiple long-term impacts of the violent conflict such as injuries; loss of lives, property, income sources, and livelihood activities; multiple displacements; and trauma, amongst other impacts, which have placed many households in a precarious situation when trying to rebuild their lives. Various reports have estimated over 500,000 internal and external displacements and a significant increase in war widows and female heads of households during the course of the war.

 While the number of deaths and the economic cost in loss of property, income, and assets is difficult to calculate, these losses have had devastating impacts on communities in the affected regions.
This policy brief will discuss the long-term, direct impacts that the war has had on women’s labour market engagement in the Northern Province of Sri Lanka in the post-war context, emphasizing factors affecting female heads of households. The findings discussed in this brief are based on the quantitative and qualitative research conducted by the International Centre for Ethnic Studies.

Methods

In this research study, two separate research instruments were used, including a quantitative survey and qualitative interviews amongst the Tamil, Muslim, and Sinhala communities in five districts of the Northern Province of Sri Lanka. Survey data was gathered from 4025 households, with 75% of the respondents being female heads of household, in Mannar, Kilinochchi, Mullaitivu, Jaffna, and Vavuniya districts during the period of January to August of 2015. Another 120 qualitative interviews were also conducted: 41 in Jaffna, 23 in Mullaitivu, 20 in Kilinochchi, 16 in Vavuniya, and 20 in Mannar during the period of January 2015 to mid-2016.

“The 26 years of war in Sri Lanka have exacerbated women’s existing structural barriers to engaging in livelihood activities in the Northern Province.”

Key findings
Women have always faced institutional, political, and socio-cultural gender barriers to livelihood engagement and labour force participation. However, the 26 years of war in Sri Lanka have exacerbated women’s existing structural barriers to engaging in livelihood activities in the Northern Province. Many women in the region have experienced loss of lives, property, incomes, and livelihood activities, amongst other losses, due to war and displacement.

Of the women interviewed, 63% of women heading their households had moved to their current location following displacement, compared to 39% of women in male-headed households.

“Many women, between 50-60% of respondents, have lost their homes or have had homes damaged during the war. “

The ownership of land and a house is positively associated with labour force participation as it can enable self-employment activities for women.

However, many women, between 50-60% of respondents, have lost their homes or have had homes damaged during the war. Reconstructing their homes is an added financial burden when rebuilding their lives as housing reconstruction requires significant capital. For women in male-headed households, damage to housing is associated with a 30% increased probability of engaging in market work.

While many women received government- or NGOsponsored assistance for housing, accounting for 24% of interventions in the study, the funds and grants given have been insufficient. As a result, many women are forced to take out loans and sell or pawn valuable jewellery in order to complete their homes. This has caused some women to accumulate high debts and lose important sources of capital.

In other cases, women who are unable to afford the full reconstruction of their homes are unable to develop infrastructure for important resources such as water wells for agricultural and domestic purposes. This limits women from engaging in home-based livelihood activities, which are preferred by many female heads of households who are juggling care responsibilities with the responsibility of being the household’s main income earner. Even whilst owning land, female heads of households who engage in agriculture and cultivation face limitations in accessing manual labour support.

Of the women surveyed, nearly 50% of respondents experienced loss of employment due to war – their own or a family member’s. Women who experience loss of employment during the war are less likely to be employed in the public sector. Instead, they are likely to find employment in the private sector or in self-employment in agriculture, which have low income returns.

Greater education attainment is positively correlated with higher labour force participation and higher wages. For female heads of households, education up to at least GCE A’Levels is correlated with a wage increase of 26%, relative to women with primary level education. However, many women in the region have experienced permanent disruption to their education as a direct result of war and displacement. Such women may find it difficult to access livelihoods which yield better incomes.
Many women have lost husbands or family members due to war, whether by death or disappearance. Of the women interviewed, 17% of female heads of households have lost at least one family member due to war, while 7% have experience with disappearances. On the other hand, 7% of women in male-headed households have lost at least one person to war and 4% have experienced disappearances.

Women who have lost male heads of households due to deaths, disappearances, injuries, or disabilities, have to undertake the new and, at times, unfamiliar responsibility of being the main income earner of their households. Women with children must balance care responsibilities alongside the responsibility of being the main income earner of their household.

However, economic distress drives female heads of households to the labour market despite the burden of balancing their care responsibilities without adequate support.

The study finds that households are more likely to be able to access institutional support through the mediation of the husbands. For women who have lost male heads of household or husbands due to war, not having a spouse may result in limitations in accessing institutional support and services.

The qualitative study finds that women who have experienced disappearances of husbands and/or family members due to war suffer from the uncertainty and ambiguity of that loss, which leads to extreme mental health issues. This is an added burden on women when engaging in livelihood activities.

Policy recommendations

As the research shows that losses due to war including loss of lives and resources have had long-term psychological impacts on war-affected women, provide community-based occupational therapy for women in affected areas including proper counselling facilities in hospitals; and ensure counselling facility staff are adequately trained in providing psychosocial support in war-affected areas. Use community-based, creative initiatives, such as community gardens, arts and crafts circles, and yoga, to address psychological health issues experienced by women.

Many women in the Northern Province have had their education permanently interrupted due to war and displacement. As higher education attainment is correlated with higher wages, increase opportunities for women to re-enter education systems in order to access career paths with higher returns. Provide alternative schooling options for women heading their households, especially those juggling care responsibilities at home.

As educational attainment in the Northern Province appear to be lower than the national average, improve education facilities and services in the region to enhance women’s employability and productivity. Utilize IT-based educational facilities in order to fill gaps in available facilities.

As balancing care work with labour activities is an added barrier for female heads of households who have lost their spouses, recognize care work and multiple roles of women and increase care facilities and support for women through national policy and programmes.

As a lack of institutional support prevents women from accessing necessary resources and livelihood options, increase gender awareness and sensitization training among government, NG0s, private sector, and within households. In parallel, strengthen government social security and social protection programmes for female heads of households.

While many women received land and housing assistance, the interventions provided were at times insufficient leaving many female heads of households with the burden of taking loans or selling jewellery in order to meet their household needs. Therefore, it is important to provide sufficient reparations and compensation for loss of resources due to war for women, especially related to land and productive assets. Furthermore, more information and transparency in the land return and redistribution processes, especially in the case of female heads of households, should be prioritized.

As part of International Development Research Center’s (IDRC) multi-country, multi-donor programme, Growth and Economic Opportunities for Women (GLOW), the International Centre for Ethnic Studies (ICES) carried out the study Identifying Post-War Growth and Economic Opportunities for Women in Sri Lanka from October 2014 to September 2017. This brief presents findings and policy lessons identified in papers prepared by the International Centre for Ethnic Studies through the GLOW initiative.

Brief produced by Savini Ganhewa. Opinions stated in this brief and the paper it draws from, are those of the author’s, and do not necessarily reflect the views of the GLOW programme partners.
– ICES

Stepping into 2018 Shedding differences on the road to Reconciliation

  

One of the primary pledges of the Sirisena -Wickremasinghe Government before and after assuming power was to attain national reconciliation and peace among different entities. Peace and reconciliation are prerequisites to nation building. It has been recurrently pointed out that although Sri Lanka may have achieved negative peace, positive peace is yet a dream. 


2018-01-04

In other words, there is general consensus that although the armed conflict may have ended in 2009, the more deeply rooted ‘national conflict’ is far from being resolved. This requires affirmative action by the Governments laying down an institutional foundation which addresses the root causes of the conflict.    Moving on after a war that concluded almost a decade ago and stepping into 2018 it is essential that we look back and see where we stand on the road to reconciliation. 

The Institute of National Security Studies Sri Lanka (INSSSL) in association with the Ministry of National Integration and Reconciliation conducted a one-day conference on December 12 highlighting the Role of Youth in Reconciliation. The preliminary comments made by several dignitaries, who addressed the gathering at the event, were informative of how far Sri Lanka, as a country has travelled on the path of reconciliation and how far we need to go. 

Young children can be taught and inspired to integrate with children of communities not identified with one’s own and can then influence adults in their respective families by their behaviour and progressive way of thinking

---

“12, 000 ex-combatants rehabilitated socially”

-Sivagnanasothy   
V. Sivagnanasothy, Secretary to the Ministry of National Integration and Reconciliation stressed upon the active role the ministry needs to play in the task of reconciliation. “An integration approach needs to be taken in achieving reconciliation. President Sirisena is very concerned about this during this process.

Many steps have been taken already at the school level and also among religious leaders focusing on how such groups can contribute towards reconciliation. Young children, whose minds are fresh and untainted by prejudices, can be taught and inspired to integrate with children of communities not identified with one’s own and can then influence adults in their respective families by their behaviour and progressive way of thinking,” said Sivagnanasothy.

With the view of clearly indicating commitment on the part of the Government, Sivagnanasothy listed some of the other affirmative initiatives taken towards achieving reconciliation and assured that all issues identified will be translated into action plans in 2018.“By now, over 12, 000 ex-combatants have been rehabilitated socially. However, the Government is yet to empower them economically in order to get them integrated into the community and mainstreamed in society. A housing programme to build 50,000 homes for conflict affected people and a sizable road development project are also in play. The Office on Missing Persons Act was passed last year and its work is in progress,”
he added. 

If everyone practices what their religions teach, then the process of reconciliation and integration will be much easier. There won’t be any war or any differences

Sivagnanasothy also placed emphasis on the role of the media in reconciliation. 
“The media can break or make peace. Media personnel must be cautious in reporting incident related to ethnic issues. They must be socially responsible and accountable,” affirmed Sivagnanasothy. 

“Correct faults and drive country towards peace”

-Fowzie 
State Minister Ministry of National Integration and Reconciliation AHM Fowzie speaking in all three languages drew special attention to the premise on which his Ministry was formed. 

“This ministry was created by the President himself, which goes to show the devotion which both the President and the Prime Minister has towards this endeavor. We have to admit that this state of hatred among different races and religions was created by politicians who only believed in achieving narrow political aims. It is now high time that politicians realize this, correct their faults and drive the country towards the common goal of peace,” he said.   The minister states that it’s now too late to initiate change in the minds of adults who have preconceived notions about each community and carry with them grief of the past. However, he proposed that the youth can spearhead the process of societal change and attitudinal change. 

“If everyone practices what their religions teach, then the process of reconciliation and integration will be much easier. There won’t be any war or any differences. We have all come to this world for a short period. So let’s not have discrepancies and misunderstandings,” he pointed out. 

“Reconciliation is a process which everyone must join”

- Krishnasami
Thurka Krishnasami, a gender and humanitarian activist, who was a panelist at the conference, explored the concept of reconciliation and how it is perceived by
different people. 

“Reconciliation is understood by different people in different ways, which makes it all the more difficult to talk about it to everyone. The general belief is that when there is development, there is reconciliation.

Reconciliation is understood by different people in different ways, which makes it all the more difficult to talk about it to everyone. The general belief is that when there is development, there is reconciliation

We need to shed that kind of narrow thinking and have a common or shared vision when it comes to reconciliation, whether it be within the Government, NGOs or among the general public. Reconciliation is a process which everyone must join. It is an integrated approach that we should be following.   

Remarkable changes in political landscape

Dr. Vickramabahu Karunaratne-2018-01-04

The nomination period for the 2018 Local Government election drew to an end last week with remarkable changes in the political landscape. It is going to be full of clashes but with less bloodshed; lots of hard work and campaigning will continue earnestly in the coming weeks.

Candidates were given a choice so are the people. Political debate is hot though not violent as some people predicted. Of course violence was reported here and there; but Police was in control. It might be so in the coming period of the campaign.

Campaigning has begun in spite of few objections taken to the Supreme Court.

How have the early days of campaigning been for the Sri Lankan people? Good in spite of a few bad incidents, says Inspector General of Police Pujith Jayasundara.

He is ready to deal with any aggression on people's freedom! However, some say that the nomination period was eventful for almost all the parties and there seem to have been clashes between aspirant candidates.

Because of these clashes and disappointments, some candidates have become estranged from their parties. They have either joined other parties or have become neutralized or hostile.

This is unavoidable with seat oriented candidates eager to try their luck with the village or ward community that they were attached to and worked for. As there have been close to 100,000 aspirant candidates and their hardcore supporters have been vying with each other during the nomination campaign; whether their luck and dedication was fruitful. Unlike in the past with Manapa dominating, social and political grassroots-level leaders got more chance with the present system. As there were a lot of hopes riding on this process and so many people were fighting for a limited number of places, it is easy for people to get upset and crossover to a side offering palaces without any demand on financial capability. Of course, politics dominate and the masses who are already politically aligned will not change their minds although some of their leaders have changed their minds. Of course, that means fascistic politics is still alive. They are in an alliance, which includes the SLPP- Sri Lanka Podujana Peramuna at the centre. So apparently others are not under the SLPP but a part of the alliance. 'The powers of this alliance have been distributed evenly, of course with proportionate privileges to those who have the largest segments of political power. 'That means concentration of power in the fascistic leader. Therefore, irrespective of the numbers of nominees each of sub parties can include differ, they are satisfied with the openings that they received from the leader.

Of course the nomination process appears to have been complicated for all parties. But all those democratically oriented had the support of the rank and file to complete the nominations. In particular young people with education and political awareness were very active. Women were active more than ever before but it appears that it has been more trouble for the fascistic SLPP. Over 10 SLPP nomination lists have been rejected, which is a lot more than that of any other party. Why is this? Is it because of negligence, inexperience or internal clashes? For these questions one fascistic leader gave a hilarious answer.

'If the SLPP had some issues in preparing the nomination lists, it was because the SLPP was handling a lot more aspirants for nominations than any other party. There are political parties who had to struggle to find candidates; for those parties things are easy. But because we had so many applications, the selection process was long and complex. When a process is long and complex, the possibility of minor errors happening also increase, I think this is what happened to our nominations.'

Great! The new theory of permanent revolution is- MORE MASS SUPPORT LEADERS HAVE, LESS REVOLUTIONS WILL OCCUR.

Document awaiting action

Thursday, January 4, 2018

The dawn of the New Year saw several crucial political developments occurring this week. As a result of this, battle lines are being clearly demarcated between major political parties, their initial target being the local government elections that have been scheduled for early February.

Arguably the most critical of the events that occurred this week was the handing over of the report of the Presidential Commission of Inquiry into the sale of Central Bank bonds by its commissioners, Supreme Court Justice K T Chithrasiri, Supreme Court Justice Prasanna Jayewardena and Retired Deputy Auditor General Kandasamy Velupillai to President Maithripala Sirisena on Saturday.

The Commission was appointed by President Sirisena to conduct an inquiry into the issuance of Central Bank bonds that took place during the time period of February 1, 2015 to March 31, 2016. The tenure of the Commission was extended several times. Its final extension was until December 31, 2017.

At the time of writing, the voluminous 1400-page report, which incorporates over 100 annexures including evidence given by 70 witnesses, has not been made public but there have been several requests to the President to do so.

Opposition parties

These requests have been made not only by opposition parties such as the Janatha Vimukthi Peramuna (JVP) but also from Sri Lanka Freedom Party (SLFP) ministers within the National Unity government which is a coalition between the SLFP and the United National Party (UNP).

While the President was to make a public statement on the issue yesterday (Wednesday), the most likely outcome was a referral of the report to the Attorney General who could then decide on what actions, if any, need to be taken. In the meantime, the big bone of contention was whether the report would be made public.

Already, the JVP has been in the forefront in making the demand for publication of the report. JVP leader Anura Kumara Dissanayake told a news conference that the President was duty bound to implement the recommendations proposed by the Commission and take action against those implicated by forwarding the report to the Attorney General.

“It is the President’s responsibility to present the report to the people because they have a right to know how so much of public funds had been misappropriated and about those involved,” Dissanayake said and added that the JVP would be making a formal request for a copy of the report under the Right to Information (RTI) Act.

While there is justification in the JVP’s claims, its motives are clear: to gain a political advantage for the upcoming local government election. While they may not say so publicly, several SLFP ministers are known to have suggested to the President that releasing the report would be politically advantageous for the SLFP at the poll, especially given the divisions within the party.

This is because those likely to be involved in the Central Bank bond issue are mostly UNP ministers and parliamentarians. Evidence led before the Commission revealed many of them had telephone conversations with those at the centre of the controversy. It also led to the resignation of high-profile UNPer and former Finance Minister Ravi Karunanayake who admitted to living in an apartment for which the rent was paid for by Arjun Aloysius, a key figure in the alleged scam.

Local government polls

By releasing the report, it is possible for the President to take the moral high ground and state that it was he who unearthed corruption in this government and take credit for this, thereby framing the mainstream SLFP as the cleaner, transparent party in the ruling coalition.

That would of course be detrimental to the UNP but it would also take the wind out of the Joint Opposition (JO)’s sails as they reorganise themselves as the Sri Lanka Podujana Peramuna (SLPP) for the local government polls. The JO is accusing the current government of corruption but many of its own leaders are facing charges of corruption when they were in office during the tenure of Mahinda Rajapaksa’s Presidency.

While the prospect is tempting for President Sirisena, it will come at a price: a potential deterioration of relations with the UNP. The two major parties in Sri Lankan politics have never cohabited in government prior to 2015 and when they are in coalition as they are now, a turbulent relationship is only to be expected. Indeed, this has been the case.

In this context, another noteworthy deadline elapsed last week: December 31, 2017 saw the end of the period which bound the UNP and the SLFP to a Memorandum of Understanding (MOU) for the purpose of forming a National Unity government. The original MOU was due to end in September 2017 but was extended until the end of the year.

Both parties are playing their cards close to their chest on the MOU but it is very clear that neither is in a hurry to tear up the agreement either. They have also indicated that any evaluation of the future of the MOU will be after the conclusion of the local government elections in February.

Education Minister and UNPer Akila Viraj Kariyawasam was to say that the MOU will be revisited after the elections, a sentiment echoed by Agriculture Minister and SLFP General Secretary Duminda Dissanayake. “We will convene the SLFP Central Committee no sooner the local government poll is over to make a decision on extending the MOU as we have done previously. We will have talks with the UNP once the election is over,” Dissanayake explained.

However, it was also evident that there are differences of opinion on this issue within the SLFP. Minister Susil Premajayantha publicly castigated former President Chandrika Kumaratunga for allegedly suggesting that the MOU should be extended. However, it transpired that Kumaratunga had made no such suggestion. In any event, Premajayantha is viewed by the mainstream SLFP as having strong loyalties to the dissident SLPP faction.

Ironically, a strong showing by the mainstream SLFP at the local government elections would consolidate President Sirisena’s leadership and enable him to take the initiative to extend the term of the National Unity government by extending the MOU with the UNP.

SLFP and the JO factions

Conversely, if the mainstream SLFP performs less than optimally and the SLPP is able to demonstrate its strength, there would be pressure on President Sirisena to unite the mainstream party with its dissident faction, possibly under terms dictated to by the SLPP. That would pose an interesting conundrum for President Sirisena because, even if the SLFP and the JO factions unite in Parliament, they still wouldn’t have a simple majority.

Meanwhile, the SLPP is sparing no effort to make a lasting impression on the voter, knowing that this election would make or break its prospects- and that of the Rajapaksas. It formally launched its local government campaign at the Sugathadasa Indoor Stadium on Tuesday where the focus of attention was former President Mahinda Rajapaksa.

Rajapaksa made a grand entrance with raised arms, surrounded by a bevy of dancing girls and the launch had all the hallmarks of a tamasha at the height of the Rajapaksa Presidency. If anything, the SLPP demonstrated that it has the funds and the organisational capability of putting up a big show.

Whether that will translate into votes at the election- given the dubious track record of the SLPP hierarchy- remains to be seen. Yet, it is on this issue that the political direction of the country- at least for the next few years- will be determined.  

No Maithri for ‘Bond Brigade’

• President Sirisena in televised address to the nation bares highlights of reports of Presidential Commission of Inquiry into the controversial Treasury bond issuance and Presidential Commission of Inquiry to investigate and inquire into Serious Acts of Fraud, Corruption and Abuse of Power, State Resources and Privileges
• Back all key recommendations, seeks support of all for their implementation 
• Bond Commission faults Minister Ravi K, former CB Chief Mahendran, son-in-law Perpetual Treasuries’ Arjun Aloysius, Kasun Palisena and others for multiple criminal and civil offenses including bribery and insider dealing
• President directs Attorney General and Bribery Commission and other authorities to take follow-up action
• Commission faults PM for being misled by Mahendran and for not taking action
• PTL profit of Rs. 11 billion from secondary market within five months was largely the loss of EPF, Mahapola Scholarship Fund, NSB and Insurance Corp.
• State sector losses to be recouped from offenders via quicker Parliament approved new legislation
• CB ordered to carry out forensic audits; probe alleged irregularities in bond issues under former President Rajapaksa regime too
• Governor and Monetary Board members must be appointed by Constitutional Council; host of other recommendations made to improve regulation, public debt anagement and EPF 
• 68 reports by PRECIFAC to be referred to AG for necessary action
• Fraud, corruption, abuse of power and state resources are due to appointment of unqualified personnel in public sector
• President says his non-partisan action reaffirms no cover-up of wrongdoings and promotes transparency and accountability 
• Says people and country can be happy over independent and impartial judiciary

Thursday, 4 January 2018

President Maithripala Sirisena yesterday revealed to the public recent incidents of corruption and bribery over the issuance of Treasury Bonds as well as serious acts of fraud and abuse of power and state resources, backing key recommendations from specialists tasked with an independent probe.

In a much-awaited prerecorded televised address to the nation, the President detailed the incidents, several of which were criminal in nature, and named the culprits, among whom were the former Finance Minister Ravi Karunanayake, the Central Bank Governor Arjuna Mahendran and his son-in-law Arjun Aloysius along with other officials and private sector personnel.  The presidential action followed the submission and study of final reports from the Presidential Commission of Inquiry into the controversial Treasury bond issuance (PCoI) and Presidential Commission of Inquiry to investigate and inquire into Serious Acts of Fraud, Corruption and Abuse of Power, State Resources and Privileges (PRECIFAC).

After revealing the various incidents and acts of bribery, corruption and insider dealing, abuse of power and state resources, the President ordered follow-up action by the Attorney General, the Bribery Commission, the Central Bank and other authorities as well as Parliament and civil society. 

Referring to the probe on the controversial Treasury bond issuance, the President said the Commission had discovered found fraud and corrupt practices and legal action should be taken. He said the biggest losers were state sector institutions which had lost Rs. 8.5 billion as the primary dealer Perpetual Treasuries (PTL) of Arjuna Aloysius,  had profiteered Rs. 11 billion within five months of the Treasury bond auction. It was revealed that PTL earned profits through means that were illegal with the involvement of the then Central Bank Governor Mahendran, bank officials and some external parties. 

The Commission also refers to the allegation against former Finance Minister Ravi Karunanayake regarding the payment of rent for the penthouse by Walk and Raw Company, owned and controlled by the Aloysius family. “Mr. Karunanayake was responsible for that and [the Commission] recommended that the Government should take necessary action under the section of bribery and corruption and further legal action should be taken under the Penal Code for giving false evidence at the Commission,” President Sirisena told the nation.

He said that although the Commission found the appointment of Mahendran as Governor by Prime Minister to be proper, the statement made in Parliament by the Premier was based on facts presented by Mahendran and Samarasiri. “The report also says that the Prime Minister should not have done that. The Commission stated that, moreover, these facts were before the COPE Committee and the Prime Minister had not stated that because of that he had not taken proper action against Mr. Mahendran,” the President said in his statement.


Sirisena’s and the Commission’s wrath was not confined to bond issuances of the current regime. The Commission was of the opinion that irregularities have taken place even in 2008 and hence has recommended that the Central Bank should first conduct a forensic audit with regard to alleged fraud and corrupt practices from 2008 to 2015 and based on such findings, legal action should be taken after an investigation.

The President also cited the Commission’s expose of the misuse of funds of the Employees’ Provident Fund (EPF), weaknesses of the systems and procedures at the Central Bank, the Public Debt Department as well as shortcomings in the Monetary Law Act, etc.

The Commission has made a host of recommendations including that the Governor and Monetary Board must be appointed by the Constitutional Council, an introduction of a code of conduct and that the EPF be restructured.

Noting that funds lost by state institutions which bought or traded bonds with PTL must be recovered from offenders, the President said that the Commission has recommended parliamentary legislation could be passed to expedite the recovery process instead of time-consuming civil legal action.

“I have already submitted a copy of the commission report to the Attorney General and he will identify the persons against whom the legal action must be taken and initiate necessary criminal or civil legal action to implement the recommendations of the Commission,” President Sirisena said.

The Secretary to the President has been told to hold monthly review meetings on the progress of follow-up action.

The President also said that the final report would be presented to Parliament and made public.

Commenting on PRECIFAC, he said 68 submitted reports would be referred to the Attorney General for necessary action. Sirisena said that PRECIFAC had found that fraud, corruption and abuse of power and state resources were due to the appointment of unqualified personnel in the public sector as well as several other reasons.

Denying various allegations levelled against him, the President said his apolitical action reaffirms that there is no cover-up of wrongdoings on his part and promotes transparency and accountability. He also said the people and country could be happy over the independent and impartial Judiciary.

See full statement of the President on Page 4.

New laws to recover massive losses

Presidential statement on bond probe commission report

* PTL profits in secondary market exceed Rs.11 bn

* Cases against Ravi over penthouse recommended besides criminal action for false evidence

* Mahendran responsible for leaking information, interference with bond auction

* Civil and criminal action against Arjun Aloysius, Kasun Palisena et al

January 3, 2018, 12:00 pm 

President Maithripala Sirisena yesterday endorsed a key recommendation, by the Presidential Commission of Inquiry which probed bond scams, that losses caused by Perpetual Treasuries Pvt. Ltd. (PTL) be recovered. "The recovery could be done by following the normal legal procedure, but, since it would take a longer time, the commission has suggested to present a special bill to Parliament to bring about laws for the speedy recovery of the loss," the President said, making a special statement, last evening.

The President said he had already referred a copy of the final report of the the Presidential Commission of Inquiry (PCoI) to the Attorney General for further action.

The report has revealed that PTL has earned a profit of at least Rs. 688 million from the bond auction held on Feb 27, 2015. As per the PCoI, PTL has earned a profit of Rs. 11.545 billion from its secondary market deals and the losses caused to the Employees Provident Fund (EPF) and state institutions amount to more than Rs 8,529 million (Rs 8.5 billion).

The PCoI report has said Central Bank officials were rendered inactive before former Central Bank Governor Mahendran. It has revealed that Mahendran interfered in bond auctions and is responsible for leaking information and wrongful decisions.

Prime Minister had done nothing irregular in appointing Mahendran to the post of Governor Central Bank, the Commission has said in its report, noting that PM’s statements to Parliament indicated that he had reposed his trust in Mahendran and Samarasiri. The report said that the Prime Minister should not have done so.

The Commission has recommended that cases be filed against Ravi Karunanayake over the Penthouse issue under the provisions of the Bribery and Corruption Act and action be taken against him under the provisions of the Penal Code for giving false evidence before a Presidential Commission.

The report reveals that there has been misappropriation of funds in the Employees Provident Fund and recommends a Forensic Audit Examination to ascertain the exact amount of loss.

The report has identified Perpetual Treasuries, Arjun Alloysius, Kasun Palisena as those responsible and recommended civils and criminal action against all those responsnble for losses caused to the EPF.

The President said that the PCoI had pointed out that there was a need to amend certain provisions of the Commission to Investigate Allegations of Bribery or Corruption Act and action had lready been taken to obtain the services of the officials of the Legal Draftsman’s Department to draft the new bill.

"Strengthening the CIABOC should have been a long time back and we have already initiated the much delayed process.

"Maintaining secrecy, systematicity and auditing in the Central Bank has been very weak. There had been no practice of telephone recording and CCTV recording in the Central Bank. The incumbent Governor of the Central Bank has already taken action to remedy the situation.

"The Governor of the Central Bank has informed that he had already suspended services of some Central Bank employees and disciplinary action had been initiated against them.

"I expect that the Governor of the Central Bank would make a statement of changes that he would effect in the Central Bank following the findings of the PCoI report.

"I call upon the Attorney General and the Ministry of Justice to present three urgent bills to Parliament seeking its approval as per the recommendations of the PCoI to prevent similar frauds and irregularities in the Central Bank.

"I would like to record here that I have instructed my Secretary to hold monthly meeting to review the progress in filing cases against those responsible for the loss and to implement the recommendations of the PCoI.

"I would specially mention here that I would not hesitate to recover the loss amounting to more than Rs 11,545 million and to take legal action against those who are responsible for the loss.

The losses caused at the Employees Trust Fund, Mahapola Scholarship Trust Fund, National Savings Bank’s Fund and Sri Lanka Insurance Corporation amounted to Rs 8,529 million or Rs 8.5 billion, according tot the Commission report. The PTL earned a profit of Rs. 11,545 million and the balance had come from the private sector.

"It has also been recorded that the Perpetual Treasuries company earned the aforementioned profit during a period of short times such as five months.

President Sirisena assured that the action would be taken in respect of the report on treasury bond scams in accordance with the Attorney General’s instructions and to present it to parliament and, thereby. make it available to the public.

The President said that he had received final report of the Presidential Commission of Inquiry to Investigate and Inquire into Serious Acts of Fraud, Corruption and Abuse of Power, State Resources and Privileges (PRECIFAC). "This commission has served about two and a half years and I take this opportunity to thank judges, the Secretary and other staff of PRECIFAC and also appreciate the support extended by other institutions to PRECIFAC."

"I have received 34 reports from PRECIFAC. In addition to them, I have recently received 17 reports. I have received 17 reports earlier. The 17 reports that I have received were handed over to the Attorney general. The Commission to Investigate Allegations of Corruption and Bribery, the police and other agencies have already moved court in respect of reports handed over to the Attorney General. The report that had been received two days ago will be soon handed over to the Attorney General. Action will be taken in respect of these reports."

"PRECIFAC has made several major recommendations and it’ll be the responsibility of the government to implement them."

PRECIFAC has pointed out that the need to provide required training to personnel to enable them to handle investigations into corruption and irregularities due to severe dearth of such officers.

The PRECIFAC has stressed the need to appoint qualified persons to head state sector enterprises while pointing out the appointment of unsuitable persons to key positions.

President said that the PRECIFAC had informed him that it had earned much more funds to the state than the government spent thereon. The PRECIFAC has proposed the setting up of provincial courts system to hear bribery cases as those summoned to give evidence face hardships due to cases only being heard in Colombo High Court.

President said that they could be happy about the way the commissions carried out their mandates.

Responding to allegations directed at him by some political elements, the President denied commissions had been especially appointed targeting political parties. The President said that members of the both major political parties had been made accused in the cases moved in court on the basis of findings and recommendations made by the commissions.

Assuring that no political party would be targeted, the President expressed satisfaction that the judiciary and commissions had been impartial and independent.

Sri Lanka: Presidential Appointed Commision Recommended Legal Actions against Bond Plunders

The Bond Commission has clearly stated the structure of the Central Bank, Public Debt Department, direct issuance of bonds and the pros and cons of the system of bond issues and bond auctions.

(Januarry 3, 2018, Colombo, Sri Lanka Guardian)  President Maithripala Sirisena, quoting the final report of the Treasury Bond Commission, on Wednesday made strong strictures against former Central Bank Governor Arjuna Mahendran, his son in law –Arjun Aloysious and said action was being contemplated against those involved in the multi-million bond scam. It was also stated that action should be taken against former Finance Minister Ravi Karunanayake who was provided an apartment by Arjun Aloysius, one of the key suspects in the bond scam..

He made these comments in a lengthy statement on television a while ago. The President’s full statement which is available on the President’s website is as follows:

Watch Here;

Sri Lanka Presidential Appointed Commision Recommended Legal Actions against Bond Plunders.docx by Thavam on Scribd

Pakistan undertakes policy reversal to address fertilizer issue in Sri Lanka

  

Not only did the fertilizer crisis create effects in local politics but it also involved the decision making process in Pakistan as a country exporting such agriculture inputs. Apart from the apparent absence of a contingency plan for the import of fertilizer, the decision by the Pakistani government also resulted in a shortage in local supply.   


2018-01-04

The major shortage of Urea fertilizer for paddy farming led to consternation among cultivators here. Disappointed with non-availability of fertilizer for their tender paddy plants, these farmers in the key agricultural districts took on politicians from the ruling parties - the UNP and the SLFP - to task when they called in at their doorsteps these days for canvassing votes for the local government polls to be conducted on February 10, 2018.

• Farmers took on politicians over fertiliser shortage
• Pak. Govt. agreed to freight 75000 MT of Urea to SL

Farmers remain with despondency as their paddy fields have started wilting and yellowing due to the non-application of fertilizer at the right time and scarcity of rains. Against this backdrop, the Cabinet of Ministers had its inaugural meeting for the New Year on Tuesday with President Maithripala Sirisena chairing it as usual.

Agriculture Minister Duminda Dissanayake had to take the brunt of criticism from his Cabinet colleagues in the aftermath of the dawn of the New Year.

The Ministers berated him for not having a contingency plan to replenish stocks of fertilizer to be disposed in time when and where necessary during the season. His inefficiency, the ministers said, would cost the government dearly at the upcoming local government elections in the paddy cultivating districts.

Pak govt. managed to grant an exception of the ban to Sri Lanka. So, it will send 75,000 tonnes of urea

In Sri Lanka, Anuradhapura, Polonnaruwa, Ampara, Hambantota and Kurunegala are considered the leading districts cultivating rice for domestic consumption in main. Besides, paddy is cultivated in great proportion in some districts of the northern and eastern provinces. So, the two-main parties in the unity government are naturally fearsome of political implications arising from the fertilizer crisis. 
Housing and Construction Minister Sajith Premadasa, who represents Hambantota, appeared to have felt the pinch in this regard. As such, he was more vocal in his criticism at the Cabinet.

“Today, people question us whenever we go to meet them. They see us as part of a government which is incapable of distributing fertilizer even,” he told the Cabinet.

Minister Dissanayake cited the delay in the international supply chain caused the shortage in the local market. So, for the resolution of the issue, apart from measures to root out local inefficiency, international engagement was needed to get the ban imposed by Pakistan lifted.


Pakistan, as a leading supplier of Urea to the global market, banned the export from December 31, last year onwards. However, President Sirisena contacted the Pakistani Prime Minister Shahid Khan Abbassi and asked for the immediate dispatch of 75,000 tonnes of urea. Pakistan banned the export of urea to all countries by the time.

So, for the reversal of this decision in respect of one country, at a personal request from its Head of State, the Pakistani Premier had to convene a meeting of the Economic Coordination Committee (ECC). The Committee, chaired by the Premier himself, is an institution taking decisions on vital matters related to economic and geo-politics. Afterwards, the Pakistani PM, according to sources, even contacted the Federal Ministers.

Finally, the Pakistani government managed to grant an exception of the ban to Sri Lanka. So, it will send 75,000 tonnes of urea to Sri Lanka. The exception, granted here, is seen as a gesture of friendship towards the island nation.

In that manner, there were involvements for decision-making; both in Sri Lanka and Pakistan, to address the fertilizer shortage here.

The stocks are yet to arrive in Sri Lanka, though.

Here, the farmers have been suffering from crop failures for three consecutive seasons due to adverse weather conditions. As a result of which, the need to fertilize for cultivation in this season is felt even more severely than in the past.

Farmers remain with despondency as their paddy fields have started wilting and yellowing due to the non-application of fertilizer at the right time and scarcity of rains

Disaster Management Minister Anura Priyadarshana Yapa asked the government to issue fertilizer free of charge to farmers this time to straighten out their difficulties.