Speaker rules out giving post of Opposition Leader to JO

R Sampanthan

By Saman Indrajith-August 10, 2018, 11:30 pm

Speaker Karu Jayasuriya yesterday said the status quo would remain as regards the post of the Opposition Leader in Parliament. It is currently held by TNA Leader R Sampanthan.

Making a special announcement at the commencement of sittings yesterday, the Speaker said that his final decision was that the constitutionality and Parliament tradition did not warrant any change in the post of the Opposition Leader.

Jayasuriya, however, assured that he would allocate more time and grant more space in Parliamentary committees for the Joint Opposition in keeping with the number of MPs within its ranks.

The Speaker’s ruling was in response to the JO’s special written request on August 1 that the post of the Opposition Leader be given to JO Parliamentary Group Leader Dinesh Gunawardena. The JO demanded the post claiming that it has the support of 70 MPs.

The Speaker, in a detailed statement, said he has arrived at that decision, after a careful study of the composition of the current Parliament and the international best practices. He said all arguments made on the floor of the House last Tuesday on the post of Opposition Leader and opinions of experts on Parliamentary democracy has been taken into consideration in arriving at his decision.

The Speaker made it clear that the Opposition Leader post must be held by a person who was not from a political party now in the government. He pointed out the Parliamentary Resolution adopted on September 3, 2015 clearly stated that the UNP and UPFA were partners of the current National Government.

The Speaker pointed out the context in which MP Nimal Siripala de Silva had served as the Opposition Leader during the interim period after January 8, 2015 was different to the present context as there had not been such a Parliamentary Resolution of a National Government then.

He explained that the Parliamentary Group Leader of a recognized political party that did not represent the government and had the highest number of seats should be given the Opposition Leader’s post. He noted that Sri Lankan and UK Parliamentary tradition as well as precedence were clear in that regard.

However, MPs Dinesh Gunwardena, Chandima Weerakkody and Dullas Alahapperuma spoke against the Speaker’s decision, but the Speaker said that his ruling should be considered final and thus it could not be debated.

MP Alahapperuma questioned whether the Speaker would change the decision if the JO MPs left the UPFA and became independent. Leader of the House and Minister Lakshman Kiriella replied that the JO MPs should first become independent for the House to consider such a request.

MMDA: Who Is Blocking Reform Of This Discriminatory Law?

By Ameer Faaiz –

Ameer M. Faaiz

Sri Lanka’s Muslim women are being denied family and other rights available to other women under this country’s constitution. The government committee set up nine years ago to reform the out-dated and discriminatory Muslim Marriage and Divorce Act (MMDA) has finally made its recommendations for change. But six months later, the government has taken no action. Why this urgently needed reform is being blocked is a mystery. Or is it?

The Report of the Justice Saleem Marsoof’s Committee on reforming the MMDA was handed over to the Ministry of Justice on 22ndJanuary 2018. While the Minister of Justice, Thalatha Athukorale, deserves credit for having have persuaded the committee to conclude its deliberations and submit its report, that the Minister herself continued to sit on it without taking the reform forward remains a mystery, and speculations abound. The Ministry of Justice released the report on its website only on the 18thJuly, the day before Justice Marsoof was to explain the recommendations, including their variants, to Muslim MPs, on invitation.

The fact that the overwhelming majority of the recommendations are unanimous were lost on the Minister. Yet differences of opinion amongst the members of the committee remain on some important matters which demand reforms. They are crucial to the rights and equality of Muslim women in our country.

Most of the areas where there is variance also have a direct impact on the constitutionally guaranteed fundamental rights of citizens and the state’s obligation to uphold them. Hence the Minister should have referred the report to the Cabinet of Ministers for necessary follow up action without prevaricating.

The ACJU:  a veiled threat of incitement

Why the delay? What happened at the 19thJuly meeting with the Muslim Ministers and MPs casts light on this mystery.

Minister Rishad Bathiudeen joined the meeting mid-stream and is understood to have prevailed upon the other Muslim Parliamentarians to invite the All Ceylon Jamiyyathul Ulama (ACJU), the self-appointed group of Islamic theologians, to explain their stance. This was totally unnecessary and without any legal basis. Agreeing to this was a typical manifestation of male chauvinism. The signed report contains the ACJU’s recommendations as well. The ACJU has no special or legal status to make any further input in the matter.

Furthermore, the Muslim Parliamentarians including Ministers are duty bound to acknowledge the diversity of views within the Ulamas or theologians. But, most importantly, they must respect the views of the most important stakeholders in the reform process: the women who have been adversely affected by the discrimination and abuse permitted and continuously perpetrated under the MMDA in violation of the spirit of Sri Lanka’s constitution. There are also the other men who hold different opinion to that of the ACJU but well within Shariahand Fiqh (deep understanding).

The MPs would do well to know that the women have met the ACJU on more than one occasion and presented the ground realities and the abuse women are subjected to. Yet the ACJU has completely failed to acknowledge their testimony or to learn anything from the women bearing witness to these injustices. It must be acknowledged unequivocally that, as a private male-only club, the ACJU is neither qualified nor entitled to represent the interests of women and or children.

Had the Muslim MPs applied themselves they would have realised that all the progressive reforms proposed in the Justice Marsoof’s Committee’s Report are within the limits of Islamic law (Shariah). There are examples of many Muslim countries that have reformed their family laws progressively.

Instead, the Muslim MPs, having invited the ACJU to contribute to their deliberations, were then subjected to a veiled threat by the president of the ACJU that his supporters would incite people through the mosques should the ACJU position not be accepted. Maybe this threat instilled the same fear in the mind of the Minister of Justice in relation to Muslim votes.

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PC polls: UNP, TNA, JO express similar views

2018-08-11

The United National Party (UNP), the joint opposition and the Tamil National Alliance (TNA), are of the view that the provincial council elections should be conducted under the previous system if it takes time for the new election laws to be operational.

Prime Minister Ranil Wickremesinghe met representatives of the political parties on Thursday evening to discuss matters relating to the elections. There is a gridlock regarding the new electoral laws which are delaying the provincial councils elections based on a mix of first-past-the post system and proportional representation.

The elections to three provincial councils are long overdue while the term of office of three more councils will expire in October.

TNA MP M.A. Sumanthiran who attended the meeting told Daily Mirror the holding of elections in time was more important than the system which they considered was secondary.

He said the elections should be held under the old system if it takes time to approve the new system. Mr. Sumanthiran said the UNP and the JO were also of the same view.

He said a two-thirds majority could be secured in Parliament to repeal the new law enabling the elections to be held under the previous proportional representation system.

Blurb -- There is a gridlock regarding the new electoral laws which are delaying the provincial councils elections based on a mix of first-past-the post system and proportional representation. (Kelum Bandara)

More about Harakmanis and AnGnanassaras ( yellow robed buffaloes and brainless idiots) - Historic court verdict hereunder

(Lanka e News -11.Aug.2018, 11.45PM) It is a well and widely known fact some years ago it is robed rowdy rascally monk Galagodaathe AnGnanassara the two legged brute who stormed into a women’s maternity clinic in Piliyandala area to violently threaten and stop the birth control tasks carried out in that clinic. This is the same robed rowdy monk who also stormed into the Homagama court to teach the laws he learnt when he was engaged in picking up cinnamon remnants – his previous occupation before wearing the sacred robe and profaning it.

It is a strange coincidence , the laws he was disdaining and disparaging within courts by saying ‘I will not accept the laws of the Suddhas (the British) ’ ,and ‘ effeminate lawyers of the state’ are the very laws under which he was recently sentenced to 19 years rigorous imprisonment (RI) to be served in six years.

While Gnanassara says he is filing an appeal , his foolish lackeys have revealed that they are expecting a pardon from the president whom Gnanassara earlier described as ‘napunsaka (effeminate) president’. These yellow robed moronic lackeys have dashed coconuts at Seenigama Devale today begging the deity to intercede on their behalf to get a presidential pardon.’

Long 19 years sentence …

Strangely , it is the secretary of Gnanassara’s Bodhu Bala Sena , Dilantha Vithanage the despicable moron who made the most stupid utterances….

Even after AnGnanassara the moronic demonic while giving evidence in court admitted he did say the president is a ‘Napunsaka’ , the demonic moron Dilantha Vithanage convening a media briefing following the verdict lied that Gnanassara (AnGananassara) never told that. It is after Dilantha’s much worse subsequent statement , everyone realized how much grey matter this liar possesses while calling himself as an ‘IT great’

While nowhere in the world cameras are allowed to be installed during a court trial , this stupid idiot the self proclaimed IT expert Dilantha said , what the court should do is install cameras in the courts..

He also pointed out like the president’s executive power is trimmed , the powers of the judiciary should also be curtailed. In other words , what this Dilantha is demanding is a judiciary which is not independent and sovereign , meaning that the society shall be lawless. So , the request of this Dilantha the ‘molkantha’(lunatic) is , when a court trial is in progress , other robed scoundrels like Gnanassara too should be allowed to storm into the center of courts and insult the judiciary. If only Dilantha had a tail , cattle thieves would rob and make a sumptuous meal of him. The time has arrived for Dilantha the Molkantha to learn kindergarten lessons at least from his daughter.

The historic court verdict which curbed and controlled the barbarism and hooliganism of AnGnanassara who was picking cinnamon remnants in Galagoda at one time , and his other rowdies draped in yellow robes is hereunder ….

https://s3.lankaenews.com/downloads/Galagodaaththe_Gnanasara_v._Hon_._Attorney_General_.pdf

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by     (2018-08-11 19:20:54)

The Sunday Observer’s Caligula Castration Complex & The Hydra

By Thimibirivela Ranarala –AUGUST 11, 2018

The article “Enter Gota” by the ‘Political Editor’ of the Sunday Observer (hereafter PESO), whoever he/she may be, cruises the Roman circus, and finds Caligula a fitting forebear to the Rajapaksas who, it is concluded, endanger “the liberal project” of the ruling delusionaries.

A lover of empires, PESO insists, Caligula looted Rome’s treasury, expropriated the poor, and liquidated opposition, 2,000 long years ago. PESO finds him resonating strongly with the Rajapaksa term of office of 4 years past.

Does this esteemed editor even know that the myths about Caligula’s cruelty were meant to divert from the same Emperor who killed Jesus Christ, the one who also killed Caligula’s parents? Or that the ‘liberal’ project has its roots in English slavery and a master race?

Now English exorcists have long demanded demons to justify interference. And this Political Editor of the Sunday Observer, a paper still shaking off its colonial shackles, clearly feels it must supply the English their pound of demon.

In 1814, London’s parliament recorded “Our government of Ceylon has made a Proclamation detailing several murders done by people we say are subjects of the King of Kandy. This sort of Proclamation usually precedes a military strike.”

PESO obviously hasn’t read Professor Gananath Obeyesekere’s The Doomed King, which shows how faux such English details were.

Meanwhile Gotabaya Rajapaksa is not even crowned yet, and with the Hitler hit having hurtled long past its hoopla, PESO now peers up the toga of the Roman calendar.

One wonders if Colombo’s anglomaniacs will soon exhaust all ink in exorcising their rising pandemonia – all their devils.

PESO’s brutology of course does not recall the white men who almost emptied entire continents of original people. No Columbuses, John Smiths or Washingtons or Jacksons, Cartiers or MacDonalds, Tasmans or Cooks. No Brownriggs and Torringtons of England’s own torrid past in Lanka. And certainly taboo for PESOs are the Bushes, Blairs, Obamas and Clintons of present day megalomania.

Not knowing our own Yaka past, a deficiency that malignantly degenerates brain cells, such intellectuals feel that citing Greek and Roman history gives them intellectual bulk. They know more about Rome than Ruhuna. More about Caligula than Kegalla. So which Roman kleptocrat would PESO compare with another liberal appointee, Singaporu Arjuna?

PESO’s cankerous scriptures lack the needed perspective and history, and proportionality. The English-backed mass murderer of the 1980s in Lanka is happily elided over with much-adverted accusations of sporadic assassinations. Just like Lake House’s new found journo pals in New York who justify US imperialism, which kills millions and then lament one or two, just to wield their power to brainwash the great unwashed of this world.

But do they even really know Rome’s Caligula?

Apparently Caligula’s greatest crime was that he wished to move the capital of empire from Rome to Alexandria in Egypt. This eerily echoes the oft-repeated obsession that the bumpkins of Hambantota may one day dare take over from merchant-infested Colombo.

So why does Caligula still get bad press? Why has his pastel poison coursed red through the veins of this PESO to drip onto our precious white English pulp?

Deliriously loved by ordinary Romans, was Caligula the worst Emperor ever, as Emperors go? The demonization of Caligula took the heat off the murderers of Jesus Christ and Caligula’s parents, yes, the Emperor Tiberius! A whitewash that even ignores Caligula’s nephew, Nero, who played first fiddle while Rome burned, even as our present misleaders also pull and play strings while we all burn.

Pajeros & White Vans

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People’s Bank lent Rs. 4 bn. to a minister

Ravi slams Central Bank, alleges 

by Saman Indrajith-August 11, 2018, 8:14 pm

Former Finance Minister Ravi Karuna-nayake says that his successor, Minister Mangala Samaraweera, is being misled by a group of ministry and central bank officials.

Participating in the Second reading stage debate on the Value Added Tax (Amendment) Bill in Parliament on Thursday, Karunanayake said that a small group of officials in the finance ministry and the central bank were ruining the economy.

"These officials have become the hindrance to develop the country and its economy. They lead Minister Samaraweera astray. This group of officials should be removed if the economy is to be saved," he said.

People gave power to the UNP and welcomed the national government hoping that it would salvage the economy which was in tatters and provide relief to people, he said.

Continuing the Minister noted: "During the 100-day government we laid the foundation for that and got many areas streamlined to provide relief to the people. We had to introduce VAT because there were no funds sufficient to pay the interest and capital of loans the previous governments had taken. But we managed to increase the salaries of public sector workers, bring down prices of essential items and fuel and gas and to pay compensation to people who had been hit by natural disasters.

"We were taking the country on the correct path towards development. At the time I took the office of Finance Minister, the national income was Rs. 1,220 billion. I was able to increase it to Rs 2,000 billion as at June, 2017 and it was 15.1% of the GDP.

"Even Health Minister Dr. Rajitha Senaratne had noted recently that some officials of the central bank do not support the government projects. Not that all officials are saboteurs, but there is a group comprising 1-2 per cent of officials who throw a spanner in the development works. They hinder the development plans.

"When VAT was introduced, it was our intention to bring the percentage from 15 per cent to 8 – 9 per cent within couple of years. It could have been done by this time had it not for the group of officials sabotaging our government’s work.

"Today revenue coming from the Excise Department has decreased by 35-40 per cent. It is because the department’s work had been placed under the responsibility of officials prone to corruption. When I took the department under my ministry, its revenue was Rs 2 billion per month. But at the time I left office, I was able to increase it to Rs. 12 billion a month. Now, excise revenue has come down to Rs. 8-9 billion rupees per month.

"The case is similar with the Customs Department. We had increased customs revenue but now it has come down. The Inland Revenue Department recorded a growth of revenue collection by 35 – 40 per cent under my watch.  There was a plan to upgrade it in January this year but so far the changes have not been implemented.

"Except for the departments permitted to idle, the Central Bank was filled with some henchmen of former President Chandrika Kumaratunga. They were the officials who had recorded first-ever negative economic growth. They have been put into the top places of the Central Bank. They can never take this country forward; they could only take it backwards"

MP Karunanayake found fault with the supervision unit of the Central Bank for its alleged failure to probe the lending of Rs. 4 billion by the People’s Bank to a Minister. The Central Bank should be questioned on its failure to probe into the lending of such an enormous amount of money to a minister, he said.

Minister Karunanayake further said: "Former Lankaputhra Bank Chairman, Lasantha Gunawardene was sacked for approving a loan of Rs 800,000. Now who is questioning how the People’s Bank gave four billion rupees to a minister. There is another instance of giving Rs 10,800 million to Jehan Amaratunga. The Supervision Unit of the Central Bank has done nothing. I am questioning the Governor of Central Bank and ask him why is he silent on those deals.

"Some officials in the Finance Ministry and the Central Bank are trying to create a rift between the President and the Prime Minister. These officials are incapable. They did nothing to prevent the depreciation of the rupee against the dollar, which was at 137-139 at the time I left and it is now 160.

"Central Bank officials are a bunch of puppets dancing to the tune of IMF dictates. Their predictions are wrong. They predicted a decrease in inflation but it has increased from 2.1 per cent to 5.4 per cent".

Sri Lanka: National Security — Rhetoric or State Policy

The vesting of lands and assets for long periods of time as is now in vogue has been an entirely political decision. This is a subject closely linked to national security, for the agreements being with superpowers offers scope to interfere with national security interests.

by Merril Gunaratne-Aug 12, 2018

( August 12, 2018, Colombo, Sri Lanka Guardian) National security in a simple and straightforward sense can be understood as the protection of the nation against illegal or unconstitutional inroads of internal and external forces. The goals of the perpetrators would be to undermine the unity, sovereignty of the nation, or to overpower and alter the democratically elected government.

I had been closely associated with national security between 1983 and 1989, and also had the opportunity to observe the decisions of policy makers thereafter till 2000, though from a distance. The matter under discussion is how policy making and political decisions of governments have suffered with considerable frequency where national security interests had impinged on such subjects, the reason being the failure or reluctance of policy makers to tap the expertise of those versed in national security. Our history, at least from 1983, has sadly not been a very laudable saga in this respect. A few instances which come to mind from memory are recounted here to illustrate the point, and unfortunately, with rather unfavourable implications.

The Indo – Sri Lanka agreement of 1987, more prominently called the Peace Accord, was signed by the policy makers without consultation with military and national security minds. The Accord though controversial, had benefits as well, but a far reaching step to induct foreign troops should necessarily have been discussed with security officials before arriving at a decision. 1987 can be considered as the beginning of the rupture of Delhi – LTTE cordiality, eventually culminating in the LTTE standing isolated amidst the relentless war launched by the Rajapaksa government. Whatever the benefits, the momentous step of induction should have been discussed with national security experts ahead of the decision.

Even the IPKF departure decreed by President Premadasa, was a unilateral political decision. The defence minister Ranjan Wijeratne was in the dark, prompting him to say, ‘ It was like giving oxygen to a dying patient’. The government of the time also adopted the ill-fated steps of commencing peace talks with the LTTE and supplying them funds, arms and munitions. The LTTE also deceived and won the confidence of the government, even influencing them to order the departure of the IPKF. The LTTE succeeded in these preliminaries by expedience in order to engage in a ruthless and brutal offensive. Even President Premadasa became their unfortunate victim.

Many military, intelligence and security officials including secretary of defence of the time had subsequently stated that when they were belatedly consulted, had advocated caution and restraint, but their advice had been disregarded. It would have been far better if they left proof that they gave such advice, by confirmation with reports they had submitted to the president. I had dealt with this failure of lack of proof to back their advice with written documents, in my book ‘Dilemma of an Island’.

I also recount the minister of national security in 1988 entering into a fake ceasefire agreement with the JVP produced before him with the false signature of Rohana Wijeweera by a pseudo JVPer masquerading as a close associate of the JVP leader. This was one instance where intelligence was consulted. However, the minister refused to agree with intelligence officials that the document was a forgery, and proceeded to be the victim of deception.

The government of President Kumaratunga repeated the same error committed by President Premadasa of inviting the LTTE for peace talks despite the latter’s chronic history of deception and expedience. Evidently, the decision had been taken without consultation with specialists who were conversant with the history of the LTTE. Once again, the military suffered setbacks in addition to large numbers of civilian casualties. This was another instance of the failure to achieve a marriage of political and security minds.

The ceasefire of 2002 with the LTTE was entirely a political decision. Security officials had not been consulted. I served as advisor in the defence ministry, and ascertained that the Prevention of Terrorism Act and the Emergency had already been repealed before my appointment without consulting defence and security officials. Intelligence officials were not summoned for any security conferences, nor those with the Secretariat for Coordinating the Peace Process (SCOPP) . The security components worked in water tight compartments. Scope for offering dispassionate assessments was limited to a mere submission of reports which were invariably not even deliberated.

The vesting of lands and assets for long periods of time as is now in vogue has been an entirely political decision. This is a subject closely linked to national security, for the agreements being with superpowers offers scope to interfere with national security interests. There is also the need to be conscious of the difficulties that could arise concerning enforcement of terms of agreement in respect of time frames of the long leases, since the weight of the super powers could make a tiny country like Sri Lanka uncomfortable.The national interest may therefore have been served better if the advice of security officials had first been solicited. I think this is a requirement at least for future enterprises.

The National Security Council (NSC) is the highest point in the security apparatus of the country. It comprises of service chiefs, secretaries of related ministries, IGP and the intelligence coordinator amongst others. As a body, it meets periodically. Subjects coming up for discussion would require a study of total aspects connected with them, so that the decisions taken can profit national security in the best possible manner. Since the NSC members assemble as a body only periodically, a full understanding of matters for discussion may be inhibited because of limited room for study. I had the benefit of discussions with a knowledgeable foreign official whom the government invited in 2002. We agreed that a proper study of subjects would benefit better if two or three analysts constitute a committee linking the president with the NSC. Subjects arising for discussion would be studied in totality, if necessary with related members of the NSC, position papers prepared and circularised amongst NSC members , so that when the NSC meets, deliberations could be meaningful. This arrangement is practised in a neighbouring land with success. The foreign ministry also requires representation in the committee.

Judging from the omissions in the past, it may be appropriate for policy makers to make a conscious bid in the future to associate the NSC in discussing political subjects and matters which impinge on national security.

Bungling National Olympic Committee Shoots Down Archers

Suresh Subramaniam and Maxwell de Silva | Photo courtesy Daily News

AUGUST 11, 2018

Officials of the National Olympic Committee (NOC) has given and are still giving Sri Lankan archers the runaround and has all but ruined their chances of competing in the Asian Games to be held in Jakarta, Indonesia from August 18 to September 2, Colombo Telegraph reliably learns.

The following is the sequence of events that led to a situation where the Sri Lanka Archery Association (SLAA) and the archers ended up getting short-changed by the NOC:

1. The SLAA held trials as early as April 2018

2. The following five (5) archers achieved qualifying standards and their names were submitted to the NOC by the SLAA: Sajeev De Silva, Nipun Seneviratne, Lakmal Rajasinghe, Chandana Abeygunasekera and Thisari Silva [Note: typically, sports associations submit a ‘long list’ which is duly pruned after trials; the SLAA fulfilled the overall criteria well ahead of all deadlines]

3. The SLAA was informed by the NOC on July 19 that only Sajeev Silva’s name had been approved [Note: Sajeev Silva had recorded the best performance at the trials while Thisari Silva came first among female archers. NOC has not explained the logic of dropping Thisari]

4. The SLAA made representations to the Ministry of Sports, believing that it was a ministry decision

5. The Ministry directed the SLAA to appeal to the National Selection Committee (NSC)

6. The NSC informed the SLAA that it only approves names submitted by the NOC.

7. The SLAA then went to NOC President Suresh Subramaniam who told them that it was too late, that the deadline (June 30) and advised the SLAA to obtain the green light from the Asian Archery Federation (AFF)

8. The AFF, responding to an email from SLAA said that they are unable to resolve the issue since ‘entries should be confirmed/approved by the particular country’s NOC’ and directed the SLAA to the Asian Games Organizing Committee (Archery)

9. The SLAA duly wrote to the Asian Games Organizing Committee (Archery)

10. The Asian Games Organizing Committee (Archery) wrote back intimating that since the ultimate participant of the 18th Asian Games is the NOC, the SLAA could ask NOC (Sri Lanka) to submit manual forms of entry by name and complete signature, stamp and AD number of the athletes

11. When the SLAA followed these instructions, the NOC General Secretary Maxwell de Silva informed the SLAA the Director of Asian Games had told the NOC that the entries had closed and new entries cannot be accommodated [Note: the archers mentioned above were not ‘new entries’ since they were already on the ‘long list’]

12. When the aggrieved archers met with Maxwell De Silva, he had mentioned the note from the Director of Asian Games

13. When it was pointed out to him that these were not ‘new names’ he had advised them to speak with Hemasiri Fernando who is the Vice President of the Asian Olympic Council, pointing out that Fernando could resolve the issue

14. Two archers, along with Faizer Mustapha, met with Hemasiri Fernando who assured everyone that the issue would be resolved

It is unclear why the NOC has been sending the archers around the proverbial mulberry bush. On a previous occasion two archers who met the qualifying standards were denied the opportunity take part in the Asian Games (Incheon, South Korea).

Moreover claim regarding deadlines and ‘new entries’ has been proven to be a lie since the NOC has accommodated an aggrieved athlete from a different sport who made representations to court over being ‘dropped’ in favor of the daughter of an NOC Vice President even though she had not taken part in the trials.

Also, the attitude of Subramaniam and De Silva are at odds with their rhetoric regarding Sri Lanka’s contingent to the Asian Games.

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On Doctors and Kings

An authoritarian wind is sweeping across Sri Lanka

"Oh weep for the free man That is broken here." Seamus Heaney 
(The Cure at Troy)

Tisaranee Gunasekara-August 11, 2018, 

The current yearning for the heavy hand of a strong leader is in tune with the Zeitgeist. Across the globe, people, disillusioned with democracy, are opening their ears to the siren song of authoritarianism. As Barrack Obama pointed out in his Mandela Centenary Lecture, "We now stand at a crossroads – a moment in time at which two very different versions of humanity’s future compete for the hearts and minds of citizens around the world."

In Sri Lanka, the less immoderate, less illiberal government is in a state of semi-paralysis. The extremist and anti-democratic opposition is surging ahead. The myth that democracy is part of ‘The Problem’ (or even ‘The Problem’) rather than the least bad form of governance is ascendant. If democracy is the problem, then the solution, by definition has to be anti-democratic. This is the dangerous place to which Sri Lanka is careening.

It is shocking when a senior monk publicly expresses a yearning for a Lankan Hitler, and most other senior monks either stay silent or try to explain away such an aberrant desire. Shocking but perhaps not very surprising; most monks know little of world history and Sinhala-Buddhist extremists have a soft corner for fellow extremists, up to and including Herr Hitler.

But when the president of the Government Medical Officers Association (more infamous in its acronym, the GMOA) threatens journalists and gets away with it, it is a sign that society itself is sickening from the twin contagions of extremism and intolerance.

Playing with words like traitors and patriots is something one expects from politicians, or religious leaders, not from respected professionals, especially doctors. That makes doubly shocking the words of Dr. Anuruddha Padeniya, the head of the GMOA. "We have created a point scheme," Dr. Padeniya reportedly told a Lake House journalist. "In psychiatry there is a method to identify people who betray the country. We are going to launch this list and keep it online with the materials you publish. So we can display that you are carrying out a contract."

What occasioned Dr. Padeniya’s outburst? According to The Sunday Observer, he was angry about having to admit that "only about half the private practitioners had participated in the token strike." Incidentally Dr. Padeniya knew that his words were being recorded and will be made public. "I know you must be recording this. That is good. Let others in your newspaper also listen to this."ii

So what was the gist of Dr. Padeniya’s outburst?

* The GMOA will make a list of journalists it considers to be traitors.

* The list will be published online for the edification of cyber-bullies, cyber-criminals and potential mobs.

* The list will be made according to abusive psychiatric methods used by authoritarian rulers to confine their opponents in psychiatric facilities by sticking the mentally sick label on them.

In 1977, the World Congress of Psychiatry adopted the Declaration of Hawaii. The purpose of the Declaration is to take a firm stand against the abusive use of psychiatry for political and personal ends: As the Declaration states, "The psychiatrist must never use his professional possibilities to violate the dignity or human rights of any individual or group and should never let inappropriate personal desires, feelings, prejudices or beliefs interfere with the treatment... If a patient or some third party demands actions contrary to scientific knowledge or ethical principles the psychiatrist must refuse to cooperate."iii

According to Dr. Padeniya, the GMOA intends to use the abusive psychiatric practices condemned by the Hawaii Declaration to silence its critics. He is not trying to hide the fact. He is not ashamed of it. He doesn’t think making such a statement will lead to any adverse consequences. He just says it, as if it is the most normal thing in the world.

That is the clearest possible indication of the deadly place we are in today, as a country and as a society.

Children of Mammon

When the news broke out that parliamentarians and ministers are to get a massive pay hike, there was outrage, but little surprise. That is the kind of conduct we, Lankans, have come to expect from our legislators.

Surprisingly, it seems as if most of our legislators are not totally deaf and blind to public anger. Mangala Samaraweera, in his capacity as the Minister of Finance, opposed the pay hike publicly. As condemnation poured from all sides, the UNP, the JVP and the JO distanced themselves from the proposal. Eventually, the President and the PM said that a pay hike will not be permitted. Only three ministers have been so tone-deaf as to speak in favour of a pay hike: Lakshman Kiriella (directly), Champika Ranawaka and Sarath Fonseka (obliquely). For now, the proposal had been placed on the backburner.

There’s little doubt that the pay hike would have gone through, sans public condemnation. But there was public condemnation; and an absolute majority of legislators curbed their cupidity and backed down.

Not so the GMOA.

The GMOA launched a yet another token strike on August 4. A continuous strike is on the cards. Some of the demands demonstrate that the guiding spirit of the GMOA is not Hippocrates of Kos (or even physician-king Buddhadasa of Lanka) but Mammon. Having become doctors at public expense, the GMOA is holding the public as hostage to gain yet more perks and privileges for its members.

For instance, the GMOA demands that all government doctors be paid a monthly transport allowance of Rs. 100,000. The GMOA reportedly has 18,000+ members.

Work the maths.

Another GMOA demand is a monthly allowance of Rs. 30,000 each for all medical administrators.

Then there is the demand that children of GMOA members be guaranteed entrance to top level national schools.

Prof. Colvin Gunaratne called the GMOA a trade union. That is doing injustice to absolute majority of trade unions. A mafia would be a closer analogy.

Sri Lanka is one of the very few countries in the world where medical education is free. Doctors are created at public expense. The public also pay their salaries and benefits. Now the GMOA wants the public to pay even more. That would mean having to impose more taxes on an already overburdened populace.

A key structural anomaly in the Lankan economy is the complete imbalance between direct and indirect taxes – the ratio is 80:20. This grossly disproportionate reliance on indirect taxes works against the poor and most of the middles classes by pushing up prices and living costs. The Sirisena-Wickremesinghe administration promised to redress this imbalance, a promise observed in the breach until Mangala Samaraweera tried his tax reform.

The pluses and minuses of the new tax proposals are open to debate. But the need for a tax system which reduces the burden on poor and middle classes by correcting, even marginally, the gross imbalance between direct and indirect taxes is obvious. That was why the PAYE rate for those earning more than 350,000 a month was increased to 24%.

The people who have the least right to oppose such an increase are those who benefit most from the tax monies, such as doctors, many of whom would have been denied access to medical education had it not been free. Therefore, there’s something particularly noxious about the demand that doctors be exempted from this increase. This and other GMOA demands turn doctors into greater adherents of Mammon than even our politicians – and that is saying a lot.

The fact the GMOA uses the suffering of the poorest of the poor, those who cannot afford to seek private treatment even in a life-and-death situation, as a bargaining chip places it beyond the pale.

It is highly likely that a majority of doctors are not happy about breaking the Hippocratic Oath for private gain. It is highly likely that a majority of doctors go along with the GMOA out of fear. Given Dr. Padeniya’s threat to journalists, it is not hard to imagine what he and fellow GMOA bosses would do to any dissenting doctor.

But the silence of the silent majority is enabling the GMOA to bring disrepute and shame on a venerable profession. When the good play Chinese monkey, the bad can become super villains. The fear of the silent majority is understandable, given the GMOA’s thuggish conduct. But by staying silent, the good and decent doctors are placing in danger the lives of people they have pledged to protect.

Ending Impunity

The day the GMOA launched its latest strike, Prof. Colvin Gunaratne resigned from his post at the head of the Sri Lanka Medical Council (SLMC). Addressing a media briefing, Prof. Gunaratne pointed out the need to change the composition of the SLMC. Of the 25 members of the SLMC, a majority are from two trade unions representing doctors. It is this doctor dominated SLMC which acts as the sole arbiter in public complaints about medical malpractices.

Monk Galagoda-Atte Gnanasara has been sentenced to prison. Ravi Karunanayake lost his ministerial post. Arjuna Mahendran is on the run while his son-in-law is in remand. But not a single doctor has been found guilty of medical malpractices by the SLMC. Prof. Gunaratne pointed out that during the five and a half years he served as a member and chairman of the SLMC, there was at least three complaints of medical malpractices per month; not a single doctor was found guilty by the SLMC; not a single patient received the justice he/she was seeking.

A similar point was made by Dr. Avanti Perera in a book published in 2016 – Medical Negligence Claims in Sri Lanka. As part of her research, Dr. Perera interviewed 40 complainants about medical malpractices. Not a single one received any justice from the SLMC.

Dr. Gunaratne wants the composition of the SLMC changed, to make the institution less biased towards doctors and more able to deliver justice to the public. The GMOA is totally opposed to any such change, understandably. It has reportedly approached the Association of Medical Specialists (AMS) about launching yet another strike in protest. According to media reports, the AMS has refused to engage in strike action. In an even more heartening development, the President of the Sri Lanka Medical Association (SLMA – the umbrella organisation of all doctors) has "asserted that a change of composition of the SLMC was of pivotal importance to ensure the rights of the public."iv

The GMOA may or may not be playing a political game. In the end, it doesn’t matter. What is clear is that the GMOA is marching to the authoritarian drumbeat. The wildcat strike by railway trade unions was a despicable action in the midst of the AL examination. But the constant strikes by the GMOA are even more despicable. No civilised society can approve of poor patients being held hostage by a mafia. No government worthy of the name should permit such outrage.

When it comes to the patriotism of politicians, Ambrose Bierce’s The Devil’s Dictionary is the go to reference. Bierce defines patriotism as ‘as fierce as a fever, pitiless as the grave, blind as a stone and irrational as a headless hen." That perfectly describes the movers and shakers of the GMOA; their greed is as fierce as a fever, they are as pitiless as the grave when it comes to denying treatment to suffering men, women and children and they are as blind as a stone to the pain and harm they are causing. Irrational as a headless hen too, because they are losing the respect of society and bringing into irreparable disrepute a great profession.

i http://www.sundayobserver.lk/2018/08/05/news/gmoa-president-threatens-journalists-%E2%80%98traitors%E2%80%99-list

ii Ibid

iii http://www.codex.vr.se/texts/hawaii.html

iv http://www.island.lk/index.php?page_cat*article-details&page*article-details&code_title*189290