Ekneligoda, Sugirtharajan and 24th January

Featured image courtesy Sri Lanka Brief

RUKI FERNANDO-01/24/2018

For several years, the Free Media Movement (FMM) of Sri Lanka and free expression advocates has dubbed January as “Black January”. This was in the context of large number of journalists killed, disappeared, assaulted, as well as attacks on media institutions – all in January.

24^th is one such Black day in January. The Trincomalee based Tamil journalist Subramaniyam Sugirtharajan, was shot dead on 24^th January 2006. The Colombo based Sinhalese cartoonist and journalist Prageeth Ekneligoda disappeared on 24^th January 2010.

The almost forgotten journalist killing: Subramaniyam Sugirtharajan

Sugirtharajan, popularly known as SSR, was a part-time provincial journalist working for the Tamil language daily Sudar Oli. He was a father of two children. He had been staying a few kilometers from the office of the Eastern Province Governor. A journalist and close friend of SSR, took me to the spot SSR was shot. It seemed less than 100 meters from the Governor’s office and about 200 meters from his own house. Another journalistic colleague and friend of SSR told me that before the killing, SSR had been feeling insecure and wanted to find a safer house in a different location. A house had been identified, but he was killed before he could actually move. Everyone I spoke to mentioned that the nearest reason for his killing would have been the photos he took of 5 youth murdered on the beach of Trincomalee on 2^ndJanuary 2006, popularly known now as the “Trinco 5 case”. Another friend of SSR also known to me, told me that on the morning of 3^rd January 2006, SSR had told him that he wanted to get photos of the five youth killed, whose bodies were at the mortuary. Our mutual friend had dropped SSR, armed with a camera, at the hospital. According to him, military was not allowing anyone, even the families of the youth, access to the mortuary to see the bodies. But SSR had persisted. And finally, the photos he took were published on “Sudar Oli” newspaper on 4^thJanuary 2006. They had shown clear gunshot wounds, thus, and disputing version that the youth had not been shot dead. Reporters sans frontières (RSF) had noted that SSR had also detailed the abuses committed by Tamil paramilitary groups including the EPDP in the Trincomalee region, the day before his murder.

One journalist friend of SSR in Trincomalee spoke to me at length about his association with SSR and aftermath of his killings. He said he had spontaneously rushed to the spot of his killing when he heard the news, but later, was too scared to go to the hospital to see the body or even for the funeral. Two days later, he had got a letter, from group called “Force destroying the Enemy”. The letter had accused him of canvassing for Vanni Tigers, that 3 such persons had been identified, verdict had been delivered and implemented on one person (Sugirtharajan) and that he should count his days, as he was going to be the 2^nd.

Disappearance of a journalist: Prageeth Ekneligoda

Like SSR, Prageeth Ekneligoda had also attracted the wrath of persons he had critiqued and exposed through his writings and cartoons. Prageeth also is a father of two boys. Reports by the Criminal Investigation Department (CID) to the Courts indicate that Ekneligoda was abducted from Rajagiriya in the Colombo district by Army Intelligence personnel, and taken to Giritale Army Intelligence camp, where he had been questioned about a book related to family of then President Rajapakse. According to CID investigation reports to courts, the abductors had moved from Akkaraipattu from Giritale from 25^th until the 27^th afternoon, without proper records of their movements and that of vehicles. Both the CID and State Counsel leading the case on behalf of the Attorney General’s (AG) department, had repeatedly told courts of the Army providing false information, denying possession of evidence, delaying production of evidence and misleading investigations and courts. They had also reported lack of cooperation and obstructions towards investigations from the Army, and intimidation towards witnesses. A key witness, who had seen and questioned Ekneligoda in the Giritale camp on 25th January 2015, has complained to the Police about a conspiracy to harm his life from the Giritale camp.

Hostile posters had appeared on public places against Ekneligoda’s wife, Sandya Ekneligoda, the central figure in the campaign for truth and justice in Ekneligoda’s disappearance. She has faithfully gone to courts more than hundred times, often alone, despite hostility of the suspects of Military Intelligence that had been arrested and subsequently released on bail. The suspect’s supporters had also been hostile to Sandya, and she was compelled to complaint to the Police about intimidation from one of these, Galaboda Ethhe Gnanasara Thero, leader of the Bodu Bala Sena. A separate case is progressing in relation to this, after Sandya had insisted in justice through the judicial process instead of “settling” the matter through a mediation board.

Free expression today

I feel this write-up will not be complete without briefly looking at free expression in Sri Lanka today. I will try doing this through some incidents that made strong impressions on me in 2017. In and around Colombo, the house of a vocal campaigner against a prison massacre was shot at, a human rights lawyer got death threats from an unknown caller, another rights lawyer was threatened by the then Minister of Justice for speaking out against violence against religious minorities and a trade union leader was abducted amidst months long worker’s protest. In the former war ravaged North, a protesting wife of a disappeared man was assaulted, a memorial for war dead was stopped and organizers harassed and subjected to investigations, youth were questioned and threatened by Police for posting photo of a government office and journalists were summoned for questioning, stopped from engaging in investigative journalism and reporting issues such as disappearances and militarization etc. Websites have been blocked arbitrarily. There are many more I can add to the list. Clearly, although no journalist was killed or disappeared in Sri Lanka in 2017, it was still a bad year for free expression and fundamental freedoms.

Prospects for justice for Ekneligoda, Sugitharajan and other victims

The courageous, determined and sustained campaign of 8 years by Sandya, significant national and international media attention and investigations by the CID appears to have brought out some truths about the disappearance of Ekneligoda in 2015-2016. But progress appears to have stalled, or even moving backwards last year. Primarily due to lack of cooperation from the Army and key suspects being released on bail few weeks after President publicly questioned their detention. Compared to Ekneligoda, there has been very little national and international interest about Sugirtharajan, murdered four years before Ekneligoda disappeared. Not surprisingly, there is no progress in investigations and no arrests.

It is twelve years since Sugirtharajan was killed. Eight years after Ekneligoda disappeared. And three years since a government that called itself “good governance” came into power, promising accountability for past violations, such as against Sugirtharajan and Ekneligoda. But right now, for both of them, as well as numerous other freedom of expression violations, including in Black January, prospects for truth and justice through prosecutions and convictions appear bleak and a distant dream.

Editor’s Note: Also read “Media Freedom: Perspective from Jaffna” and “Conviviality vs Censorship: On Media Freedom in Sri Lanka“

Sri Lanka needs to deliver on important reforms - EU report

24Jan 2018

The European Commission this month called on the Sri Lankan government to deliver on important reforms, expressing concerns over the failure to repeal the Prevention of Terrorism Act, ongoing reports of routine torture, impunity, hate speech, military occupation of land and the difficulties faced by minorities. 

"The Government has to urgently deliver on a number of important reforms that are of direct relevance for the effective implementation of the human rights conventions listed in the GSP+ Regulation," the European Commission concluded in its report entitled 'The EU Special Incentive Arrangement for Sustainable Development and Good Governance ('GSP+') assessment of Sri Lanka covering the period 2016 - 2017', released on January 19. 

The report follows the EU's decision to grant Sri Lanka the preferential trade tarriff (GSP+) in May 2017, examining development and implementation of pledged reforms. A GSP+ monitoring mission visited Sri Lanka and Jaffna in the North-East in September 2017.  

Read full report here.

Extracts reproduced below: 

The Committee was concerned about reports of hate speech, incitement to violence and violent attacks, including riots, against minority groups and religious communities for which there seemed to be impunity as well as a lack of accountability. 

The Committee was concerned about the difficulties faced by minority groups in freely practising their right to freedom of religion. The Government has established an InterReligious Council to mediate between different religious and belief communities and to promote peaceful relations. The Committee also expressed concerns about the respective situations of Tamils of Indian origin, Adivasi people, internally displaced people, and minority women in war-affected areas, and recommended measures to address the challenges faced by these groups.

Though the situation has shown marked improvement since the end of the civil war, the economy in the affected areas, particularly the Northern Province, has been slow to recover. People living in former conflict areas continue to face difficulties with employment and effective access to public services. The Government has offered tax holidays to investors in these areas, but those incentives have not attracted significant capital investment. Investors report significant bureaucratic challenges in obtaining the necessary business permits.
Problems are also related to the release of land that is still occupied by the military, as well as commercial activities of the military which crowd out local business and livelihood opportunities.

Clarifying the fate of thousands of missing persons, most of whom went missing during and immediately after the end of the civil war, is also an essential element in truth-seeking, reconciliation and accountability. 

There are also reports of incidents of surveillance and harassment of civil society actors and human rights defenders, particularly in the North, including people protesting about land returns and missing persons. 

Land release is a key issue for reconciliation and long-term peacebuilding efforts. The Committee expressed concerns that, although significant areas of land have been released since 2015, the military still controls substantial areas of private and state land in the North and East and continues to engage in commercial activities deriving from control of this land. While the military continues to release land, it is yet to present a release plan with benchmarks and timelines.

The Committee expressed concerns that a comprehensive anti-discrimination law has not yet been adopted and also recommended that Sri Lanka amends the Penal Code with a view to decriminalizing consensual same-sex conduct.

The Committee expressed serious concern about consistent reports indicating that torture is a common practice in normal criminal investigations, as observed by the Special Rapporteur on torture following his visit to Sri Lanka in 2016. The Committee also expressed concern about several instances of deaths in police custody under suspicious circumstances, and the insufficient amount of compensation awarded by the Supreme Court to victims of torture since 2011. 

The Committee expressed serious concern about the failure to carry out an institutional reform of the security sector. The Committee was also deeply concerned that, according to numerous reports from the UN and non-governmental sources, impunity prevails in most cases of torture. The Committee recommended that a body independent of the police hierarchy be established to investigate complaints against law enforcement officers.

The Committee expressed alarm at the preliminary assessment of the Special Rapporteur on torture following his visit to Sri Lanka that the conditions of detention in prisons and detention facilities, in particular those of the Terrorist Investigation Division, could amount to cruel, inhuman and degrading treatment. 

The Government is engaged with the UN system. With the co-sponsorship of UNHRC Resolution 30/1, Sri Lanka has made far-reaching commitments on promoting reconciliation, accountability and human rights. Nevertheless, according to UN reports, relevant reforms have stalled or slowed down considerably. Measures taken so far to fulfil Sri Lanka's transitional justice commitments have brought insufficient progress, including bringing perpetrators of war crimes to justice and resolving longstanding 'emblematic cases'. 

The Government has to urgently deliver on a number of important reforms that are of direct relevance for the effective implementation of the human rights conventions listed in the GSP+ Regulation. The Prevention of Terrorism Act (PTA) must be repealed and if needed replaced by legislation that is fully in line with international human rights law, including CCPR and CAT. The Code of Criminal Procedures Act needs to be amended to ensure fundamental legal safeguards. The Government should ensure that alleged torture by the police and security forces comes to an end, that perpetrators are brought to justice and that its policy of zerotolerance to the use of torture is implemented. This is essential in addressing reports of prevalent impunity in most cases of torture.

The operationalisation of the Office on Missing Persons (OMP) is welcome and should deliver truth and accountability to the families of those that disappeared during and at the end of the armed conflict. The OMP needs to be equiped with the necessary resources and capabilities to fully carry out its functions and mandate. Transposing the Convention on Enforced Disappearances into national law will contribute to this process. Whilst progress has been made in the return of land in the former conflict areas, the Government should speed up this process.

Related Articles: 

23 January 2018 : PTA needs to be repealed - TNA leader tells EU official

18 January 2018 : EU calls on Sri Lanka to ensure 'zero-tolerance' policy to torture

02 November 2017 : EU delegation disappointed over lack of progress on repealing PTA

07 September 2017 : EU monitoring mission for GSP+ meet families of disappeared in Kilinochchi

TNA demands enactment of new constitution and referendum this year

Talks with Singaporean PM

by Shamindra Ferdinando-January 24, 2018, 10:52 pm 

Opposition and Tamil National Alliance (TNA) Leader R. Sampanthan yesterday insisted that the proposed new Constitution be enacted before the end of the year. The announcement was made following talks with visiting Singaporean PM Lee Hsien Loong in Colombo.

Sampanthan, on Tuesday (Jan. 22), told Colombo-based EU official Paul Godfrey that the TNA wanted the government to submit a draft Constitution to parliament immediately after the conclusion of the Feb. 10 local government polls. He reiterated that the proposed Constitution should be placed before the people at a referendum.

Former External Affairs Minister Prof. G.L. Peiris told The Island that undue pressure was being brought to bear on Sri Lanka. The former law professor pointed out that the outgoing Geneva-based human rights commissioner Zeid bin Ra’ad Zeid al-Hussein, too, had called for a new Constitution in June 2016.

Chairman of the Sri Lanka Podujana Peramuna (SLPP) Prof. Peiris said the TNA was exploiting the situation ahead of the local government polls. Feb 10 poll was nothing but a referendum on the Sirisena-Wickremesinghe administration, he added.

A TNA statement quoted Sampanthan as having underscored the importance of both President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe working together to bring the process to a successful end. Sampanthan has told PM Loong that President Sirisena and PM Wickremesinghe should take tangible measures to reassure the Sinhala community regarding the constitution making process. The statement quoted Sampanthan as having said that the two leaders should educate the Sinhala people on the new Constitution and remove the unnecessary fears being spread among them.

Prof. Peiris said the Opposition Leader had turned a blind eye to the rapid deterioration of UNP-SLFP relations over the treasury bond scams.

Sampanthan has told the Singaporean leader that the powers that had been given to the Provincial Councils were inadequate.

The Provincial Council system was introduced in late 1980s following the Indian intervention here.

The TNA leader has told the Singaporean delegation that the Tamil people in the North and the East wanted a solution within a ‘united undivided and indivisible’ Sri Lanka, and the new Constitution should address their long-standing aspirations.

The TNA quoted Sampanthan as having said "we will not accept a deceptive solution, we want genuine power-sharing arrangements where people will be able to exercise powers with regard to matters that are related to them in daily life. The new Constitution must be enacted this year, Sampanthan has insisted adding that "this issue cannot remain unresolved."

The TNA leader has said: "unfortunately as a country we have gone on wrong path, but now it’s time for us to put things in order".

Sampanthan has appealed to Premier Loong to encourage Singaporean investors to invest in Sri Lanka, particularly in the North and East. He added that "the young people in the North and the East are hardworking and dedicated, but unfortunately due to the war they have been deprived of jobs and opportunities to develop their skills. Singapore and its people must help our people to develop their skills and knowledge and also bring in investment that will create more jobs". He has also highlighted the enormous potential that is available in the North and the East, making a special reference to Trincomalee.

Sampanthan has said Singapore must consider investing in Trincomalee as it has got a natural harbour and other resources. "These investments will be a great strength to the achievement of reconciliation in this country".

The TNA said that Sampanthan received as assurance from Singapore Prime Minister that he would discuss with Singapore investors regarding Sampanthan’s request for investment in the North and the East and promised that he would pay a visit to Trincomalee on his next visit. The TNA statement quoted Loong as having said that he was thankful to the Tamil people of Sri Lanka for the contribution they had made towards the development of Singapore. "I wish that all your endeavors be successful in the years to come" he added.

SRI LANKA’S REAFFIRMED COMMITMENT TO TRANSITIONAL JUSTICE PROCESS

24/01/2018

At the recently concluded 21st meeting of the European Union-Sri Lanka Joint Commission  Sri Lanka’s reaffirmed commitment to establishing the remaining mechanisms aimed at truth seeking, reconciliation, reparation, and justice, on which the EU urged for prompt action.

The full text of the Joint Press Release following the 21st meeting of the European Union-Sri Lanka Joint Commission fellows:

Photo: Ms. Paola Pampaloni, Deputy Managing Director for Asia and Pacific of the European External Action Service, and Mr. Prasad Kariyawasam, Secretary to the Ministry of Foreign Affairs of Sri Lanka.

 The 21st meeting of the European Union-Sri Lanka Joint Commission took place in Colombo on 18 January 2018.

 The European Union-Sri Lanka Joint Commission oversees the 1995 EU-Sri Lanka Cooperation Agreement on Partnership and Development. Its tasks include ensuring the implementation of the Agreement; setting mutually agreed priorities; and making constructive recommendations. The Commission accordingly deals with a broad range of bilateral and multilateral issues of mutual interest to the EU and Sri Lanka.

The Working Group on Governance, Rule of Law, and Human Rights, the Working Group on Trade and Economic Cooperation Issues, and the Working Group on Development Cooperation–established under the terms of the Joint Commission–held meetings in the last year. Each Working Group reported back to the Joint Commission on their respective meetings.

 The 21st meeting of the Joint Commission was held in an open and constructive spirit. The EU and Sri Lanka welcomed the formal restoration of the GSP Plus regime to Sri Lanka in May 2017, providing duty free access for more than 80% of Sri Lankan exports to the European Union, the world’s largest economy, and Sri Lanka’s largest export market. Sri Lanka stated that initial indications showed that the restoration of GSP Plus had contributed to a near doubling of export growth. The trade preferences scheme was restored in recognition of the progress made by Sri Lanka in implementing the 27 international conventions listed in the GSP Regulation relating to human rights, labour, good governance and the environment.

 The parties welcomed Sri Lanka’s recent accession to the Optional Protocol to the Convention against Torture, but there was agreement that the Government of Sri Lanka must ensure that the policy of zero-tolerance for the use of torture is implemented and that perpetrators are swiftly brought to justice. The EU re-emphasised its clear and unwavering expectation that urgent action would be taken by the Sri Lankan authorities to repeal the Prevention of Terrorism Act (PTA) and replace it with legislation that is in line with international standards. Plans to resolve as soon as possible the situation of the remaining detainees held under the PTA were discussed.  In addition, there was discussion of the need to amend the Code of Criminal Procedure to ensure fundamental legal safeguards.

The EU and Sri Lanka remain committed to continuing bilateral discussions through the respective Working Groups and the GSP+ monitoring process with a view to further strengthening the implementation of the provisions of the 27 conventions.

 The accession to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, and adoption of a National

 Human Rights Action Plan, as well as the acceptance of the vast majority of recommendations received during the third cycle of its Universal Periodic Review in November 2017, were welcomed by both parties as evidence of Sri Lanka’s continued commitment to reform.

The meeting also provided an opportunity to exchange views on the implementation of the UN Human Rights Council Resolutions of 1 October 2015 and 23 March 2017. The parties noted the progress made with respect to the establishment of the Office on Missing Persons. They also noted Sri Lanka’s reaffirmed commitment to establishing the remaining mechanisms aimed at truth seeking, reconciliation, reparation, and justice, on which the EU urged for prompt action. Progress with regard to the enactment of the International Convention on the Protection of All Persons from Enforced Disappearance Act, unmet expectations of justice in the ’emblematic cases’, the further release of land, and the normalisation of civilian life in the Northern and Eastern Provinces of Sri Lanka, were discussed during the meeting. Sri Lanka also provided updates on the ongoing constitutional reform process, and measures to combat corruption.

Sri Lanka welcomed the EU’s support in rural development and the widening of development cooperation to include support to democratic governance and reconciliation. The EU continues to be one of largest grant donors to Sri Lanka, with an allocation of €210 million (approximately LKR 40 billion) for the period 2014-2020, and last year launched its largest programme of cooperation to improve the lives of poor people living in the rural areas of Central and Uva Provinces. The EU-Sri Lanka Investor Dialogue was recognised as providing a valuable forum for building confidence amongst EU investors in Sri Lanka and facilitating the resolution of issues that deterred further investment.

In light of the lifting of the EU ban on export of fish from Sri Lanka, the participants of the Joint Commission noted the value that increased fishing exports would bring to the economy and the livelihoods of Sri Lankan fishing communities. Sri Lanka reiterated its continued commitment to managing and controlling fisheries in compliance with its international obligations.

 The EU welcomed the participation of Sri Lankan students, scholars and universities in EU higher education and research cooperation programmes. It further encouraged more applications from Sri Lanka in light of the available opportunities.

The parties agreed on a series of follow-up actions ahead of the next Joint Commission meeting in Brussels later in the year.

The meeting was co-chaired by Ms. Paola Pampaloni, Deputy Managing Director for Asia and Pacific of the European External Action Service, and Mr. Prasad Kariyawasam, Secretary to the Ministry of Foreign Affairs of Sri Lanka.

(Joint Press Release following the 21st meeting of the European Union-Sri Lanka Joint Commission)

Girl killed by Sri Lankan navy vehicle in Pungudutivu

24Jan 2018

A nine year old girl was killed in Pungudutivu this week by a Sri Lankan navy vehicle following a collision near the local school. 

The victim, Kesana Thirulangam was killed at the scene. Her uncle, whose motorcycle she was travelling on, has been admitted to hospital with serious injuries. 

The military vehicle involved in the accident was carrying food to the nearby navy base. 

Police officers have been deployed to the area after residents expressed anger at the navy's presence in the region. 

Sri Lanka: Alternative to Failures in ‘Liberal Democracy’ is Social Democracy, Not Authoritarianism

Sri Lanka terribly needs a strong and a mass party on ‘social democratic’ and/or ‘socialist’ lines and not merely a ‘technocratic’ and/or a ‘populist’ leader.

by  Laksiri Fernando-Jan 24, 2018

( January 24, 2018, Sydney, Sri Lanka Guardian) Although the forthcoming local government elections are considered a ‘referendum’ on the Yahapalana administration, it is not clear cut because the SLFP is contesting against the UNP. As the local issues are ‘also’ involved and it is for the first time that the new electoral system is experimented, it is difficult to predict the results.

The most likely scenario however would be for the UNP to prevail in the urban constituencies, the SLFP/UPF and the SLPP to dominate in the rural sector, while the TNA obviously predominating in the North and the East. There will be pockets that the JVP also might win. The overall turnout might be quite low, possibly below 70 percent.

However in terms of total voting, it is quite unlikely that those who have called for a ‘referendum on the government,’ completely distorting the whole purpose of local government elections, and that means the SLPP/JO, would win a majority of votes. Would the referendum advocates be ready to concede such a result as an endorsement of the Yahapalanaadministration?

As the SLFP/UPFA is contesting almost all the 341 local government institutions, it is also likely that they would come neck to neck with the UNP and surpass the SLPP total votes. In terms of local government institutions, the majority might go to the UNP. Therefore, the overall ‘referendum’ result might not be totally different to August 2015. It would come closer to January 2015.

Yahapalana Failures

There are of course so many misgivings about the Yahapalana administration. It can also be called a failure in the ‘model of governance.’ It is at least half empty. While it has initiated a number of political reforms reinstating ‘liberal democracy,’ it has terribly failed in addressing the socio-economic issues of the poor and the majority of the people i.e. social democracy. It has also not progressed much on the reconciliation front.

The latest statistics reveal that over the last decade or so, the gap between the rich and the poor has widened. This period includes the second term of the Rajapaksa administration. The bottom 20 percent is left with only 4.8 percent of the national income while the top 20 percent entertaining 50.8 percent of the whole. This also means the middle 60 percent earning roughly 44 percent only. This ‘lower middle class’ is also below its reasonable share.

There is no point in arguing that the absolute poverty is reduced. The poor are only marginally above, just receiving little over $ 2 per day. The claim is utter hypocrisy. Does this mean that the ‘poor’ have no rights to be well off or live with comforts? Only the rich has the right to do so? It is reported that now there are hotels where Rs. 3.8 million worth desserts are served!

Social democracy does not mean that all should be equal and earn the same income. However, the vast gaps should be reduced. If we use the human rights terminology, in a liberal democratic system, only civil and political rights, and at best the cultural rights, are promoted, but not the economic and social rights of the people and the poor. This is also what is primarily lacking in the Yahapalana glass. That is also why social democracy is necessary instead of liberal democracy or as an alternative to the failures in the liberal democratic system. An authoritarian rule again is not the solution.

Reasons Behind

The main reason that I attribute to the present predicament is not the fact that the present administration is a ‘national unity’ government, but it is dominated by the UNP and its neoliberal ideology. This is what has to be changed and not necessarily the alliance between the two main parties. At least there should be equal participation and contribution in terms of economic policy making and administration.

When the national unity government was first unveiled after August 2015 parliamentary elections, the UNP declared its policy as the ‘social market economy’ without much explanation. Nevertheless, this was a welcome development given its traditional pro-rich policies and anti-welfare orientation, in addition to ‘comprador’ leanings neglecting the national economic development.

However, the social market economy has not been put into practice. Instead, the close advisors of the Prime Minister has interpreted or rather misinterpreted the social market economy in terms of neoliberalism. Razeen Sally has been the main culprit in this endeavour. Neoliberalism here mainly means the liquidation of the national economy on the basis of the Washington Consensus. This is what is clearly expressed in the Vision 2025 in addition to its wishful thinking.

If there is any strength in the UNP economic policies, that is in the sphere of international economics and modernization. But when it comes to strengthening the national economy and the rural sector, or more particularly in addressing the economic issues of the poor and the majority of the people, its policies are conservative, regressive and quite politically suicidal. That is why there has been no apparent progress in the economy during the last three years irrespective of much boast and promises.

This does not mean that the past economic policies of the SLFP were completely correct. Too much nationalism, lack of understanding of international economics, closed or narrow perceptions on national development and the reluctance in modernization traditionally marked the SLFP policies.

Although some of the advisors and policy makers in the Rajapaksa administration managed to breakaway from these traditional policies, the family hierarchy used these opportunities for their own powers schemes and benefits, finally people ousting that regime for a number of political reasons, ‘good governance and anti-corruption’ being some of the main. Many of those progressive people with modern economic policies are now with President Sirisena and the SLFP.

Why a National Unity Government?     

In most liberal democratic countries ‘national unity’ governments are formed only during war times and the usual practice is acrimonious confrontational politics. This is the legacy that Sri Lanka and Sri Lankan people have inherited primarily from the West and the colonial heritage. Perhaps there were local roots as well. This is what I am experiencing even in Australia, and some of the political confrontations between the two main parties are quite unproductive. This is affordable in a way given that Australia is a developed country.

However, Sri Lanka is still a poor country and for particularly developmental purposes, at least broad national consensus are necessary. Acrimonious confrontational politics are suicidal.

There is no doubt that the freedom to form political parties are part and parcel of democracy (liberal or social) and this gives the opportunity for the people to look for alternatives. Therefore, in the case of Sri Lanka, the formation of the SLFP in 1952 was a landmark development and the competition between the two main parties have contributed to the country’s general political development while adverse confrontations have been retarding the country, dividing the people and even promoting political violence. It is also this competition that prevented the country looking for proper solutions to the minority question.

If I were to admire our Eastern traditions, my first pick would be ‘the tradition of consensus building and nonconfrontation.’ This is also about social peace and harmony. This is perhaps what Ranil Wickremesinghe initially meant by Lichchavi tradition, although he was practicing it in the negative most of the time, and recently during the bond debate in Parliament. Although Japan has now largely lost this tradition in politics, during my living in that excellent country as an academic (2005/2006), I have experienced this tradition in society and among the academia.

China is also resurrecting this tradition in a different manner as ‘dialogical’ and ‘deliberative’ democracy, at present focusing on intra-party democracy and peoples’ participation at local government and municipal levels. In China, there is no place for family hierarchies or single leader authoritarian models. The party and the policies are the most important.

Among Western countries, it is no surprise why a country like Germany has at times preferred a national unity and consensual government. The war devastation of the country and development needs were some initial reasons. The socio-political policies of the country have also been more towards ‘social democracy’ and ‘social market economy’ than neoliberalism. Even at present, there are initiatives to form a ‘grand coalition’ between the Christian Democrats and the Social Democratic Party.

Therefore, Sri Lanka is not an exception. Sri Lanka also has a tradition of forming broad based governments through coalitions (MEP, PA, UPFA, UNF etc.) and minority parties joining the majority partners. What has to be avoided is opportunism in forming such coalitions or unity governments for ministerial positions and other perks, and the inefficiency incumbent in such coalition administrations.

Role of Sirisena and the SLFP

It is natural that some UNPers might feel that Maithripala Sirisena ‘pickpocketed’ the Presidency when he came forward at the last moment as the common candidate of the opposition forces. But in my view, this was the most important element in the whole political change in the country which was attributed even as a ‘democratic revolution.’ The ‘hopper story’ is also important as symbolic of Sirisena’s tact, determination and also showing he was acting without personal acrimony. Was he cunning? He must have been.

There are various pronouncements that he has made that I hardly can agree. Some of these are about the capital punishment and apparently women’s issues. These show obviously his conservative side. He also occasionally takes a ‘highhanded moral authority’ giving different signals to different people. Most damaging however has been his referral to the Supreme Court asking for a ‘sixer’ perhaps under ill advice. Apart from those weaknesses, comparatively speaking, he at present is the most trustworthy leader in the country. More important is his reforming party, the SLFP.

Unfortunately, Ranil Wickremesinghe never had such a favourable image and it is irreparably damaged because of the central bank ‘bond scam’ under his official purview and he still goes on defending or shielding the wrong doers. He himself is accountable. If we go by the standards of liberal democracy, he should have resigned by now. At least he should make a frank admission (if not an apology) of his ‘oversights.’

There were/are idealists in the Yahapalana camp, particularly among the civil society groups, who were accusing Sirisena for taking over the leadership of the SLFP and not playing the ‘lame duck’ role (The Economist), largely prescribed in the 19th Amendment. But in my opinion, he did the right thing and the most important thing by taking over the SLFP. If not, the Yahapalana ‘revolution’ would have been completely over by now.

There is still a lot to do reforming the SLFP and cleaning the membership and the party representatives in various official positions. Uva Chief Minister’s outrageous behaviour has been one case in point. If I may use the Chinese President, Xi Jinping’s vocabulary, there are still corrupt ‘Foxes’ and ‘Flies’ in the party, although all the ‘Tigers’ have apparently rallied around the Professor’s LPP.

Such a reform unfortunately has not taken place within the UNP. Ravi Karunanayake is still the Senior Vice President of the UNP!

Conclusion

The SLFP is not merely about Maithripala Sirisena. Chandrika Kumaratunga’s backing to the party and her leadership to national reconciliation are also important whatever her past or present weaknesses. There are a host of, comparatively credible, other leaders like Susil Premajayantha, Anura Priyadarshana Yapa, Nimal Siripala De Silva, Dilan Perera etc. The role of Sarath Amunugama and Mahinda Samarasighe is immensely important in economic policies and management with little more dynamism. Of course some of them can be accused of keeping silent under Rajapaksa regime or complicity in some of the misdeeds of the past.

Most importantly, the role of new/young leaders like Mahinda Amaraweera, Duminda Dissanayake or even Dayasiri Jayasekara is crucial in party building, if they don’t deviate from the principles. There can be many other emerging young leaders unknown to me.

Sri Lanka terribly needs a strong and a mass party on ‘social democratic’ and/or ‘socialist’ lines and not merely a ‘technocratic’ and/or a ‘populist’ leader. Most important in the future would be the development of policies, practices and discipline further in addressing the economic development and democratic needs of the country and the people.

As an academic, if I were to be too ‘idealistic’ or ‘puritan,’ either I could keep quiet or extend support to the JVP. Unfortunately, the JVP has not matured or strong enough to undertake some of the national tasks of the country at present. In certain areas they perhaps could manage the local government institutions like in the past in Mahiyangana. The best they could do is to join the UPFA in the future, in alliance with the SLFP for a national cause.

Given the prevailing circumstances, largely explained in this article, the best option for the country would be to support the SLFP. If their candidates are elected to local government institutions, in alliance with the UNP, the JVP or the TNA, as the case may be after the elections, there is a possibility of beginning a series of reforms and development programmes from bottom upwards. The time will show whether this is just wishful thinking or not.

Liquid democracy – Innovating Sri Lanka

Thursday, 25 January 2018

Democracy is in recession. All over the world, we are losing our precious democracy to totalitarianism, nationalism and populism. We even hear some Lankans talk about the need for a benevolent dictator! But are those the only options we have? They all look for a solution in the past: returning to where we were before democracy was won. But is there a way to look for a solution in the future? A solution that utilises the best of our technological developments to create a better democracy and eliminate the plague of corruption that has taken over it?

Liquid democracy – Innovating Sri Lanka.docx by Thavam on Scribd

Changing The Political Culture Has To Be A Collective Effort

By Javid Yusuf –January 23, 2018

One of the objectives of the regime change that took place on January 8, 2015 was to create a new political culture that would be consistent with a civilized democratic society. It would not be far wrong to say that the Yahapalana Government has taken some steps in this direction.

With the opening up of democratic space  people are not afraid to give expression to their views  and to critique the Government and even the President and the Prime Minister in the strongest terms. The media has shaken off the shackles  of self censorship and  do not hesitate to call  Government to account whenever necessary.

The new Local Government Electoral system has also contributed to reduction of  the violence that has characterized some of the Elections in the recent past. While all this is welcome much more has to be done in order to work towards a more comprehensive and sustainable change in the political culture. While systemic change as in the case of the Local Government Election Reforms can contribute positively it will require attitudinal  changes on the part of all sections of society to ensure that a new political culture can  be forged that will stand the test of time. 

 

The citizenry themselves have a role to play in this regard. While political parties have a duty to put forward candidates of integrity to contest at Elections, the public have an even greater duty to ensure that where political parties slip up and fail to do so the voters s vote against such unsavoury characters and prevent them from being elected to office. The forthcoming Local Government Elections gives the public a golden opportunity to do so because the ward system and the size of the wards enables the voter to easily ascertain  the credentials or otherwise of candidates and to come to an informed decision on the best candidate to elect. This decision of the voter will impact on the future of the country because it will infuse new blood into a decaying and corrupt Local Government system. The simple act of casting the vote wisely can contribute immensely to the future wellbeing of the country because a vibrant Local Government system can be the nursery for future legislators of quality and integrity.

Another area where citizens can play a greater role is by not giving undue importance to politicians. While legislators can be given the respect they deserve for the role they play in the Governance of the country many tend to treat them as super human beings and sometimes even treat them as demi gods. This has at least two negative effects. This attitude of servility (as opposed to respect) to politicians and especially to those holding  positions of authority demeans the members of the publicand greatly diminishes their dignity as human beings.

The other negative fallout of giving undue importance to politicians is the creation of big egos and a feeling of self importance. While not all politicians allow themselves to be ego massaged in this way there are many weaker ones who fall prey to such public servility and arrogate to themselves roles that are not befitting their status as representatives of the sovereign people.

The recent allegations made against the Chief Minister of the Uva Province are a case in point. He has been accused of summoning a lady Principal of a School in Badulla and berating her for not acceding to his request to admit a child to her School and asking her to kneel down and or worship him as a punishment. There were further allegations that the Chief Minister had made racist remarks alluding to her Tamil ethnicity. Although the Chief Minister denied such allegations, the news broadcast on Friday on Hiru TV showed the Principal in tears explaining in detail what happened.

Earlier during the previous regime a Provincial Councillor in Wayamba named Ananda Kumara forced a lady teacher to kneel down as punishment for pulling up his daughter with regard to her school uniform. Yet another instance was the case where former Minister Mervyn Silva order a Samurdhi officer to be tied to a tree for failing to turn up at a dengue eradication program.  A disciplinary committee headed by a lawyer later found the Minister innocent and determined that  the Samurdhi officer had tied himself up to the tree as a former of self punishment ! 

There are many other  instances of such unbecoming action by politicians  which while reflecting  their temperament are greatly fuelled by the servile attitude of the public  and the undue deference paid to politicians by not only members of the public but even  State officials.

 

This is why often politicians talk of coming to power rather than assuming office. However in fairness it must be said that not all politicians fall into this category and many of them do adhere to norms of common decency and do not throw their weight around.

A closer examination of the Uva Chief Minister’s conduct reveal many misunderstandings that exist in the minds of many who assume political office and ignorance of systems and rules of conduct expected of them. The first observation is that the Chief Minister took it as a personal affront that the Principal did not carry out his orders on his mere say so but rather insisted on the proper procedure being  followed which was that the Education Ministry Secretary’s approval be first obtained in order  for her to approve such admission.

The second point at which the Chief Minister blundered was when he took it upon himself to conduct the so called inquiry when it should have been conducted by the appropriate official even if the Chief Minister had a grievance with regard to the matter. The third point is that even if  an inquiry was warranted the Principal should not have been summoned to the Chief Minister’s residence for that purpose. The fact that it was the official residence made no difference. Another point on which the Chief Minister was out of line was that he had no right to demean the Principal by ordering her to kneel and or worship him and of course the unkindest cut was to make racist remarks at her.

Yet another area where changes have to be made with regard to the prevailing  political culture is in the matter of handing over of letters of appointment, handing over of deeds of houses and  lands to individuals etc. It has become common practice when anyone is recruited to the public service whether as teachers, nurses, postmen etc or when land or houses are allocated to members of the public for a public  ceremony to be held at which a politician would hand out such letters of appointments or deeds to fawning recipients some of whom would even fall at the feet of the politician ostensibly as a show of gratitude. This has become so ingrained in the system that  neither the politician concerned or the recipient realize that such selections had been made on merit and such appointments or allotments due to them as of right on the basis of the Government’s declared  scheme of recruitment or allotment and not due to the largesse of the politician concerned. And besides there is nothing as demeaning and degrading of human dignity as having to pay obeisance to another human being for getting what is yours by right.

The better option and more in keeping with human dignity would be to post such letters of appointment or letters of allotment to the recipients.

The strengthening  of systems of Governance will benefit  both politicians and the public while making life better for the people as a whole. Necessary systemic changes would  result in public confidence to rely on working the system rather than depending on and being beholden to individual politicians to get what one is entitled to as a citizen. This will obviate the need for the public to follow the demeaning  practice of spending unproductive hours  hanging around politicians’ houses or offices to get what is their just due. This in turn will take the pressure off politicians and legislators and enable them to devote time on reflecting on how to improve the lot of the sovereign people whom they have been elected to serve. For the politician his ultimate achievement will be that he has contributed to the general well being of the country and the people rather than the momentary satisfaction of seeing someone genuflecting at his or her feet .

Read More

Ranil trying to follow Mahathir Mohamad

Dr. Vickramabahu Karunaratne-2018-01-25

The present regime, in its present form was able to start up the economy which was at a standstill and will end up stabilizing it by showing budget surpluses by 2020, Prime Minister Ranil Wickremesinghe said recently. "We did not take over a stable Government but an economy which was at a standstill just like a power station with broken generators. The generator of the power station, which is called the economy, is development.

This power station was at a standstill when we took over the Government as the country was in a debt trap and as there were no investors. However, we have managed to fuel this power plant with investments and by settling the debts. We will complete what we started and will end up showing a budget surplus by 2020," the Prime Minister said. Ranil is perhaps trying to follow the example set by Mahathir Mohamad of Malaysia.

In Malaysia too there were nationality conflicts, basically between Malays and Chinese. The Constitution grants freedom of religion and makes Malaysia an officially secular State, while establishing Islam as the "religion of the Federation". According to the Population and Housing Census 2010 figures, nationality and religious beliefs correlate highly. Approximately 61.3% of the population practise Islam, 19.8% practise Buddhism, 9.2% Christianity, 6.3% Hinduism and 1.3% practise Confucianism, Taoism and other traditional Chinese religions. 0.7% declared no religion and the remaining 1.4% practised other religions or did not provide any information. Sunni Islam of Shafi'i school of jurisprudence is the dominant branch of Islam in Malaysia, while 18% are non-denominational Muslims.

This strife culminated in the 13 May race riots in 1969. After the riots, the controversial New Economic Policy was launched by Prime Minister Tun Abdul Razak, trying to increase the share of the economy held by the bumiputra. However, under Prime Minister Mahathir Mohamad this nationality problem was controlled by expanding the power of the federation and secular nature of the Constitution. After the conclusion of this process there was a period of rapid economic growth and urbanization beginning in the 1980s. The economy shifted from being agricultural based to one based more on manufacturing and industry. Numerous mega-projects were completed, such as the Petronas Towers, the North–South Expressway, the Multimedia Super Corridor, and the new federal administrative capital of Putrajaya. However, in the late 1990s the Asian financial crisis almost caused the collapse of the currency and the stock and property markets. Federation brought heightened tensions including a conflict with Indonesia as well as continuous conflicts against the Communists in Borneo and the Malayan Peninsula.

Hence, if Ranil wants to follow the Malaysian model he has to expedite the work on the Constituent Council and create a united nation in Sri Lanka. Malaysians improved rapidly the basic knowledge of English and empowered the people. This should be done in Sri Lanka, too, with an islandwide campaign. Ranil said the previous Government borrowed funds and constructed a port without ships and an airport without planes. "This is like mixing water with kerosene. However, when we took over we managed to show an excess in primary accounts by making difficult decisions such as increasing VAT," he said. In addition his cooperation with trade unions has won the support of the Western world workers' movement. On the other hand countries such as China, India and Japan have come to assist Sri Lanka after the Government signed an agreement with the International Monetary Fund (IMF). All these countries will not help Sri Lanka if the agreement with the IMF is abolished.

Ravi thanks MS for absolving him, PM and UNP from bond scam allegations

2018-01-24

UNP MP Ravi Karunanayake in a statement today thanked President Maithripala Sirisena for appointing the Presidential Commission of Inquiry on the bond issue after the formation of the good governance government and through its final report for absolving the UNP, the Prime Minister and especially him from all allegations levelled.

He released the statement to the media after he was denied the opportunity to do so in Parliament.

Ravi thanks MS for absolving him, PM and UNP from bond scam allegations.docx by Thavam on Scribd