OMP recommendations, a timely requirement

Thursday, October 11, 2018

“The challenges faced by the OMP are many and need to be balanced with the urgency of the needs of families of victims enduring years of physical and mental suffering. The OMP recognises the multiple needs and positions of various families and the importance of securing their trust.” - The OMP suggests recommendations after it had several consultations with the affected people and communities. The OMP had six public consultations within the six months. The OMP, which travels across the country to get to know the needs of the people, has reached the first step of the success by correctly identifying the pressing needs of the affected people, which is a crucial part of any transitional justice mechanism.

We, Sri Lankans have passed a dark part of our history. However, we are fortunate to have made a new change in 2015 and move from the dark past. We have been able to alleviate the fears of “white vans” and “unlawful arrests”. However, still we can hear sundry voices highlighting existing problems and incurable pain and trauma. We cannot be deaf to those agonizing voices.

As Sri Lankans, as the children of one mother, we all have a moral duty to ease the existing problems and heal the wounds. Thus, the recommendations set out in the interim report of the Office of Missing Persons, submitted to the President and Prime Minister on September 5, can be the good initiatives to achieve the reconciliation and heal the wounded communities.

The lack of communications and awareness establish the basement for each and every problem. When we hear something, we need to spend few minutes of our valuable time to realize what it is, to analyze whether it is good or not. Now, it is the time to ask from ourselves what OMP has recommended; why the recommendations are important; why it should be considered in the current context.

Amendment of PTA

OMP proposed the legal amendments including the amendment of the Prevention of Terrorism Act (PTA). PTA is a draconian Act which had been used as a tool to stage human rights violations in the past. It was enacted as a temporary legislation in 1979 and made permanent in 1982. The PTA was enacted to regulate the emergency situations, but unfortunately PTA fails to comply with International Human Rights Standards.

PTA facilitates arbitrary arrest, detention without charge for up to 18 months without a judicial and torture. Under the ordinary criminal law, confession made by the suspect cannot be considered as an evidence against him. However, PTA allows the confessions made to the police officers above the rank of Assistant Superintendent of Police (ASP) to be used as an evidence against the suspect. The confession is not admissible only on the ground of involuntary nature of the confession. However, under the PTA, the burden of proof vests on Accused, that he should prove the confession was made involuntarily. The arbitrary and unchecked detention powers and the admissibility of the confession contravene the international human rights standards and the legal obligations of Sri Lanka.

The provisions of the PTA contradict with Article 12 and 13 of the Constitution, the Supreme Law of the country. In addition, the PTA disregards the provisions of the international conventions such as International Covenant on Civil and Political Rights (ICCPR), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Convention on the Elimination of All Forms of Racial Discrimination which are ratified by Sri Lanka.

Good governance, heard the voices of the aggrieved people and the recommendations made by several local and international institutions including the OMP, has decided to repeal the draconian PTA and replace it with a Counter Terrorism Act which complies with the international human rights standards. Though, there are few concerns raised regarding the released draft on Counter Terrorism Act, space is there to make amendments to the Bill and make it compliant with human rights standards. As citizens of Sri Lanka, it is our duty to put forward our suggestions and inputs on the initiatives of the government.

A debt relief programme

Identifying accurately, the OMP suggests to have a debt relief programme prioritizing the families of the disappeared persons. Baby Nona, an old mother of this country lost all three of her sons, the breadwinners within a night. What she would have done for the basic needs following the disappearances? There was no body to give a hand to her. She was suffering throughout her life. Baby Nona is just one example of many. What other option remains for such helpless single mothers apart from debt, which subsequently destroys their lives? They are compelled to apply for debts from microfinance as they have lost all their assets, livelihood opportunities and the breadwinners during the course of insurgencies and war.

Women who have obtained microfinance and are unable to pay the monthly installments have been subject to sexual harassments by the loan officers. Sometimes they had to sell their kidney or commit suicide as they do not have other options.

It can be noted that the target group of the microfinance lenders is the poor, war affected women. We can’t let our valuable women die or sell their kidney or be subjected to sexual harassments.

The State is obliged to give them relief as it is responsible for their loss. Therefore, the recommendation made by the OMP to introduce a debt relief programme which gives priority to the families of the missing is a timely requirement in Sri Lanka. We, as citizens of Sri Lanka will support the government to save our mothers from the debt trap.

175 skeletons unearthed at Mannar mass grave to date

11Oct 2018

The total number of skeletons unearthed at a mass grave in Mannar has now reached 175, with excavation commencing over three months ago.

Judicial Medical Officer S Rajapaksa told media that as of Wednesday 175 skeletons had been unearthed.

Previous reports confirmed at least a dozen children among the skeletons as well as that many of the skeletons exhibited deep and unusual cuts.

Related Articles: 

03 September 2018 : Bodies of at least 12 children excavated from Mannar mass grave

28 August 2018 : Excavations continue at Mannar mass grave with over 100 bodies unearthed

05 August 2018 : OMP to fund Mannar mass grave excavation despite concerns over independence

28 July 2018 : ‘Deep and unusual’ cuts found on Mannar mass grave skeletons

When cat is away ‘Gamey’ rat is at play ! Why UNP govt. still procrastinating despite Gamarala’s conspiracies and treasons ?

Wimal Dheerasekera

(Lanka e News - 10.Oct.2018, 8.10PM) It is now confirmed that president Pallewatte Gamaralalage Maithripala Yapa Sirisena the leader of the cabinet of ministers and the state leader had conspired to scuttle the government with a view to bring it to its knees while the prime minister (P.M.) is not in the country.

This is following the media revelations that the rudderless policy less president has hatched a conspiracy to bring down his own government , and since the president has still not issued an official communiqué contradicting that report. This conspiracy is plotted jointly with Machiavellian mendacious faceless Percy Mahinda Rajapakse M.P.who is not the opposition leader but the leader of the unofficial parliamentary group calling itself as the Alliance which sabotages the government at every possible turn .

The president who is the leader of the cabinet has hatched this conspiracy without the knowledge of the cabinet at the residence of S.B. Dissanayake M.P. while the P.M. was abroad , which details had already been exposed by the media. Notorious S. .B.Dissanayake is one who lost his ministerial portfolio when he engaged in double games and backdoor politics supporting an impeachment motion against the P.M. some time ago.

According to media reports , the president at the discussions had conspired with the aforementioned unofficial group to form a new government citing the ‘economic morass’ the country is facing as an excuse.

It is the moral obligation of a state leader cum leader of the cabinet to first and foremost have discussions with the government of which he is the leader, and the cabinet overtly if there exists an economic crisis. In case ,following those discussions , if a solution could not be found , and if he is a true state leader of rectitude and scruples , he must first try to ally with the leader of the opposition with a view to run the government without resorting to hole and corner methods.

Sadly , President Pallewatte Gamarala however had not held such overt discussions . He had neither discussed the economic morass at the cabinet meeting nor has he inquired about what is the solution available for it. He has not even discussed with the official opposition.

In the circumstances, the discussion the president had with Percy Mahendra Rajapakse at Dissanayake’s residence is absolutely anti government as well as traitorous . That is the only inference that can be drawn , and is the only interpretation that can be given to his underhand move.

Obviously this dastardly action of the president is a most dangerous and diabolic conspiracy not only against the state but also against the people’s mandate which was responsible to enthrone him as the president. It is significant to note he was made president defeating the very same Percy Mahendra Rajapakse whom he is now trailing behind and was discarded by the masses. It is therefore a stark unassailable truth that president has no mandate to form a government with rejected Mahinda Rajapakse who was thrown out lock ,stock and barrel.

Therefore he is a president who turned his back on the mandate of the people not just now. He became an infamous cut throat and betrayer on that account as far back as over three years ago – within 48 hours of his taking oaths as the president despite his so many solemn promises that he would not renege on his promises.

Prior to 2015-01-08 throughout the run up to the elections his promise orally and in writing was he would be non partisan and act sans party affiliations after becoming president . Yet even before 48 hours had elapsed , he took over the leadership of the SLFP which he strived hard to defeat at the elections , without anybody’s knowledge .After that historic betrayal , since that point of time he became a byword for countless betrayals and double deals .

This is also the ignominious shameless president who gobbled hoppers with Rajapakses the night before his crossing over and betrayed them . . After that betrayal even before 48 hours had elapsed following his presidential appointment he made another historic betrayal – he took over the leadership of the SLFP grossly betraying all the people’ s forces and the voters that installed him in power. What’s more ! he had secret discussions with murderous , criminal and corrupt Gotabaya Rajapakse in the nights after extinguishing the lights , and now Gamarala has created an environment that militates against the enforcement of the law even today against brutal corrupt Gota .

It is a common saying , ‘man is a wolf to man’. Though this is a saying which perfectly describes Gamarala, let this two legged ‘wolf’ be enlightened on the fact that this saying is truly a libel on the wolf for wolves are very much kind to each other unlike humans of Gamarala’s breed and birth.

Gamarala who bites the hand that feeds is still hurling criticisms against the civil organizations and the NGO’s that propelled him to power .He has even proscribed Lanka e News which single handedly made a huge contribution to make him the president . Now he has made it a habit to level accusations against the UNP leader who shielded , safeguarded , dispelled all his fears and provided all the encouragement to address the final presidential elections rally when Gamarala was in mortal fear for his life. It is against that same UNP leader , this ungrateful unscrupulous Gamarala brought a no confidence motion recently to chase him out. His latest in the series of villainies and betrayals is the accusation made by him against the UNP leader of conspiring to assassinate him , using an employee, a most unscrupulous informant receiving salary under Gamarala .

It is a matter for deep regret , president Gamarala had now hatched the traitorous conspiracy in Dissanayake’s house at a time when the P.M. is out of the country , and in the grim backdrop of this series of cruel betrayals, back street politics and throat slitting.

This betrayal of the president is high treason against the state and cannot be treated lightly .Even if all the groups he is trying to muster are taken together the total number of MPs is 96. Based on the mandate received by the UNF at the last elections, it has 106 MPs. Hence , if president Gamarala is hoping to form a new government in this scenario , that cannot be democratically accomplished. It can only be with the backing of his presidential powers coupled with his villainy and conspiracy he is hatching .

Finally what can be said is , since betrayer cum cut- throat Gamarala has become an enemy of the people’s mandate , the forces that put him on the pedestal and the voters who elected him to power , he has now proved beyond any trace of doubt he is an out and out traitor .In the circumstances the UNF pro good governance group should without any demur bring forth an impeachment motion against Gamarala so that the masses can heave a sigh of relief and say in one voice, GROBR (good riddance of bad rubbish !)

There is no doubt it is an opposition president who is at the helm currently. This must be clearly understood by the UNF government though it is the latter which made him the president. The chiefs in the government must make up their minds to annihilate traitors. It is the duty of responsible and truthful media personnel like us to ensure against the nation being sacrificed merely to satiate the power greed of any son or daughter of any bitch or bas…..rd .

Wimal Dheerasekera

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by     (2018-10-10 14:50:02)

Lankan stock market needs serious State intervention

Friday, 12 October 2018

The ASPI decreased eight points or 0.14% to 5,872 on Wednesday 10 October from 5,880 in the previous trading session and on Thursday down to 5,840. Historically, the Sri Lanka stock market (CSE All Share) reached an all-time high of 7,811.82 in February of 2011 and a record low of 4,258.80 in June of 2010.

According to analysts, net foreign selling of Sri Lanka’s stocks and bonds is nearing $ 500 million dollars for 2018. The outflows have been one of the key significant factor in the devaluation of Sri Lanka’s currency and also the declining foreign reserves.

Based on CSE data year-to-date in 2018, net foreign selling of Sri Lanka’s stocks and Government securities stands at Rs. 83 billion ($ 486 m). A net Rs. 77 billion has come out of Government bonds, while Rs. 6 billion has come out of the Colombo stock market
Current situation 
Many of the emerging markets have been hit recently by external shocks, as outflows from emerging markets have caused those countries’ respective currencies and capital markets to weaken very badly. The Sri Lanka Rupee (LKR) sits at an all-time low of Rs. 171 to the dollar, while the local stock market has been in the doldrums for the last six months, partially due to the sins of the past.

Foreign reserves in Sri Lanka have declined in Sri Lanka from close to $ 8.6 b at the end of August to near $ 7.2 b by the end of September. The major stock market indices in the country, the ASPI and the S&P SL 20, are down close to 10% and 20% respectively for 2018. Trading volumes at the Colombo Stock Exchange have reduced significantly, in addition to the stock price declines, with most days registering just a few million dollars’ worth of transactions. The Government needs to intervene and manage this situation like yesterday.

The declining foreign reserves and currency value have so far been combatted mainly with credit and import controls. There have been limited interventions in the currency markets. The Government needs to be proactive in addressing these challenges by engaging with the private sector and listening to them and taking action.

US interest rates on US treasuries are set to get to 3.5%. Also US interest rates are very likely to cause further turbulence in emerging markets and with oil prices set to hit new price levels, Sri Lanka needs to think radically differently to get over this crisis
Way forward 
A successful event was held this week at the London Stock Exchange which saw over 100 funds and investors participating and holding a host of one-on-one meetings with Lankan listed companies. This was followed by the symbolic opening of trading of the LSE by Prime Minister Ranil Wickremesinghe.

Having stocks in free-fall in Colombo would sort of put a damper on these efforts and therefore brokers and investors say State intervention through State institutions could help to create a “positive market environment” and could ease out once volatility and the continuing decline stops.

For example, when China›s stock market started crashing earlier this summer, its Government responded, in part, by having a giant State-backed financial institution buy shares and support prices. Suffice to say, this is not how markets are typically managed in advanced economic powers. But Sri Lanka is an emerging market that needs State handholding when in a crisis.

However, fighting to prop up equities prices may not be a good thing for the State if once again the prices promptly tank again. That is why Sri Lanka needs brilliant technocrats who can pioneer a new form of hybrid, State-private sector oriented capitalism.

The country’s growth slowdown and market chaos has very quickly dampened that grand image we had three years ago as a top emerging nation, and now the running theory seems to be that the Government is run by a bunch of clueless incompetents who are about to crash the economy and the currency. Neither characterisation has been true or fair.

The current Government is well-suited for industrialising and creating an export power out of the resources and location advantages we currently have; however, if Sri Lanka ever wants to become a truly advanced economy with thriving markets and attract FDI, we need to have sensible leaders who are willing to bite the bullet and do things very differently and thereby forge ahead courageously.

(The writer is a thought leader.)

Mis-Use Of Public Funds By State Officials

By Gamini Jayaweera –OCTOBER 11, 2018

Gamini Jayaweera

The appeal petitions filed by the former Presidential Secretary Mr. Lalith Weeratunge and the former Telecommunications Regulatory Commission Director General Mr. Anusha Palpita, challenging the Colombo High Court judgement of three years imprisonment in the “Sil-Redi” case is fixed for consideration on 12 October. The judgement of the “Sil-Redi” case and the announcements by the Hon. President and the Auditor General of unprecedented bribery and corruption in the public sector organisations, I feel that the time is right for us to refresh our memories about the “Sil-Redi” case and discuss the strange position that has been taken up by the government about this “cancer” which is killing our society. 

President and The Auditor General’s Accusation

The Hon. President Mr. Maithreepala Sirisena addressing a public meeting of police and anti-corruption activists held in Colombo in December 2016 said that he was regretted to inform the nation that more than 50% of Sri Lanka’s public procurement contracts were tainted by bribery and corruption. He further stated that he knew the people who were involved in this dirty business, but he was unable to reveal the names because of organised strikes by the corruptors. Strange Decision!

After nearly two years of the Hon. President’s statement about bribery and corruption by state officials, the Auditor General, Mr.Gamini Wijesinghe addressing a workshop organized by the Committee on Public Accounts (COPA) in June 2018, stated that more than half the state officials would be in jail if they were dealt in the way former Presidential Secretary, Mr. Lalith Weeratunge was dealt with and sentenced to prison on charges of misusing state funds because most of them spent funds without the approval of their superiors. It implies that no charges against the culprits. Hair-Raising Decision!

It appears that no valid reasons have been given for not taking appropriate actions against the culprits. If the Hon. President and the Auditor General have enough evidence to press charges against the alleged officials, then there is only one genuine possible explanation for not taking appropriate action by the government. It could be that in most cases the government has no intention of punishing the culprits because it may reveal the names of their close political colleagues and supporters who are involved in this dirty business. However, after nearly two years of the Hon. President’s accusation of bribery and corruption in the public sector, the Auditor General’s recent statement confirms that hardly any progress has been made to curtail the mis-use of public funds by the state officials.   

Let us examine briefly the role of the public administrators and the legal ingredients that are required to prove beyond reasonable doubt that the state officials are involved in unlawful activities knowing that their actions are deliberate breach of public duties and abuse of public trust.  

Professional Administrators

Sri Lanka Administrative Service (SLAS) consists of professional administrators who have undergone extensive training in all aspects of processes and procedures of the administrative activities of the Sri Lanka government. These experienced skilful public officers work very closely with the President, Prime Minister, and the Ministers to develop and implement policies of the government in power. The SLAS officers should be politically neutral and provide their impartial service to the government of the day, maintaining the professional integrity of the SLAS. As I understand, the Secretary to the President is the de facto head of the SLAS and all other Secretaries and officials in the service must comply with his lawful orders. It is also true to say that the Secretary to the President has a duty to comply with the lawful orders given by the President. 

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Politics, a game of numbers

Thursday, October 11, 2018

The political grapevine is abuzz once more with talk of changes in the National Unity government, brought about by a series of discussions between the leaders of mainstream Sri Lanka Freedom Party (SLFP) and its breakaway faction, the Sri Lanka Podujana Peramuna (SLPP) loyal to former President Mahinda Rajapaksa.

That there have been differences of opinion between the two partners in the government, the SLFP and the United National Party (UNP) is no secret. That their two leaders, President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe do not see eye to eye on some issues is also self-evident. This is what the SLPP and its parliamentary group, the Joint Opposition (JO) has been focusing on.

Differences over key appointments have contributed to the strained relations between the UNP and the mainstream SLFP. For instance, when a Deputy Inspector General of Police was implicated in an alleged plot to assassinate the President and former Defence Secretary Gotabhaya Rajapaksa, sections of the SLFP wanted Inspector General of Police (IGP) Pujith Jayasundera removed from office.

This however, is easier said than done. The IGP cannot be summarily dismissed unless he resigns and Jayasundera showed no inclination to do so. The SLFP faction complains that Jayasundera is favouring the UNP. This is probably why bribery allegations against Jayasundera, dating back to 2006, suddenly surfaced. The UNP meanwhile maintains that action could be taken against the accused DIG or even IGP only when charges against them have been properly investigated.

Another conflict that appears to be looming is the appointment of a successor to Chief Justice Priyasath Dep who retires this week. It has been reported that the UNP faction prefers the elevation of Attorney General Jayantha Jayasuriya to head the highest court while President Sirisena has indicated he would nominate sitting Supreme Court Justice Eva Wanasundera.

Legal and political circles

Again, the appointment process is complicated. While President Sirisena may make a nomination for the position of Chief Justice, it is subject to approval by the Constitutional Council. The Council itself is in a state of flux at present with several existing vacancies. Therefore, legal and political circles are eagerly observing developments in this regard.

It is against such a backdrop of heightened tensions between the UNP and the mainstream SLFP that the JO is seeking to be opportunistic. Given the SLFP’s lacklustre performance at the local government elections earlier this year, some SLFP parliamentarians loyal to President Sirisena are also backing moves to unite the two factions of the party, if only to secure their political futures.

The thrust of their strategy, conceived with the active participation of stalwarts such as S. B. Dissanayake is to push for a SLFP-JO coalition, instead of the current SLFP-UNP alliance. While this is indeed a better fit in terms of political ideology, there are many hurdles that need to be overcome before such an objective can become a reality.

The professed claim of those agitating for a SLFP-JO coalition is that they need to intervene to offer relief to Sri Lankans in the face of the spiralling cost of living and a nosediving rupee, but few are fooled by such lofty ideals. The aim is to create an ideal environment from which national elections in 2020 could be contested as a single political alliance opposing the UNP.

The proposed regime change envisaged by S. B. Dissanayake and likeminded others is one where Mahinda Rajapaksa is installed as Prime Minister with the formation of a SLFP-JO government. Of course, in the unlikely event that this would eventuate, there would be no need for a separate SLPP, as it could ‘return to the fold’ and coalesce with the parent party, the SLFP, in much the same way as the Democratic United National Front morphed with the UNP after President Ranasinghe Premadasa’s assassination.

Presidential election

Current discussions however focus on a coalition until the election on the premise that the SLFP and the SLPP will contest general elections separately. However, this would be a meaningless exercise and would only lend an advantage to the UNP. The real issue at stake though is not the general election but the presidential elections which are due earlier than the general elections.

For President Sirisena to acquiesce to any kind of arrangement with the SLPP, the latter would have to agree to support the President for a second term of office, arguably in return for Mahinda Rajapaksa being his Prime Ministerial nominee.

President Sirisena has run into difficulties with his more liberal minded Premier Wickremesinghe and how he would govern in tandem with Rajapaksa, who has a more authoritarian approach to power is a significant question. Similarly, whether Rajapaksa would want to be Prime Minister under a President who, under the terms of the Constitution, still wields considerable power is also worthy of discussion.

Such potential personality clashes aside, the other major issue is whether any plan that is devised by those brokering a rapprochement between the two factions, have the numbers to pull it off. All the groups of the United Peoples’ Freedom Alliance, namely, the Sirisena faction, the Rajapaksa faction and the so-called ‘rebel’ group who voted for a vote of no-confidence against Prime Minister Wickremesinghe together command only 95 seats in Parliament. Therein lies a major obstacle.

For Parliament to install a SLFP-JO government and appoint Mahinda Rajapaksa as Prime Minister, it would need the support of at least a simple majority in the House, or 113 seats. With only 95 MPs in its own ranks, there is a shortfall of 18 MPs. It is also extremely unlikely that either the Janatha Vimukthi Peramuna (6 seats in Parliament) or the Tamil National Alliance (16 seats) will support this move. Thus, the success of the plan depends entirely on defections from the UNP itself.

It will be recalled that, in the lead up to the motion of no-confidence which was also sponsored by the same individuals now promoting a SLFP-JO alliance, there was an expectation that it would receive the support of disgruntled UNPers. That never materialised and not a single UNPer voted against the Prime Minister. In the end, it cost President Sirisena dearly as it was untenable for those SLFPers who voted for the motion to remain in government and many of them left Cabinet rank reluctantly.

It must also be noted that the motion of no-confidence targeted Prime Minister Wickremesinghe whereas the current moves threaten the power bases of all UNPers. Therefore, there is no reason for UNP parliamentarians, even for those with issues with the party’s leadership, to forego sitting in government and join an exercise, the outcome of which is at best uncertain.

In the end, politics is a game of numbers and in this instance, the UNP does have the numbers to trump moves by the opposition to oust it from government, unless there is a mass scale defection from the party for which there is no reason at this stage. Publicly, the UNP has been buoyant with Deputy Leader Sajith Premadasa openly declaring that he does not expect President Sirisena to join hands with the authoritarian forces he helped oust in 2015.

Matters will come to a head at the vote on the Budget next month. It provides the perfect opportunity for both the JO and the UNP test their support in Parliament and prevailing opinion in political circles is that the JO and the SLPP would be better off focusing on the next national elections instead of being in an indecent hurry to grab power before the polls are held.

PM visit to UK: Four arrested during protest in Oxford

2018-10-11

Four men were arrested under the Terrorism Act while protesting against the Sri Lankan Prime Minister's visit to Oxford.

The men, aged 28, 34, 50 and 54 were arrested on Monday during Ranil Wickremesinghe’s visit to talk at the Oxford Union off St Michael's Street.

They were held on suspicion of being members of and displaying an article of a proscribed organisation under section 11 and 13 of the Terrorism Act 2000.

The Sri Lankan leader joined other speakers at the Union this week including Jo Malone and the former president of Botswana.

Oxford Union wrote online: “Prime Minister Wickremesinghe is one of Sri Lanka’s most decorated politicians.

Thames Valley Police said the arrests were made at 11.16 pm on Monday by officers from the force.
They have since been released under investigation and no further information by police can be given whilst the investigation is continuing.

Section 11 explains that a person commits an offence if they belong to a prohibited group.


Section 13 states that an offence is made if a person wears an item of clothing, or carries and displays items that arouse suspicion that they are part of a forbidden organisation. (Oxfordshire)

SRI LANKA: OFFICE FOR REPARATIONS BILL NARROWLY PASSED

Image courtesy of the Sunday Observer.

11/10/2018

The Office for Reparations Bill was passed in Parliament with a narrow margin on 10th Oct 2018. It received 59 votes in favour and 43 votes against in a parliament which has 225 members. The national socialist JVP absconded, reports the Island.

The full news report fellows:

The Office for Reparations Bill was passed in Parliament yesterday with a majority of 16 votes.

It received 59 votes in favour and 43 votes against following a division called by the Joint Opposition. The UNP, SLFP members in the government and TNA voted in favour of the Bill. The JVP MPs were absent. The Joint Opposition together with the ‘SLFP Group of 15’ voted against the bill.

The bill was moved for the debate by Prime Minister Ranil Wickremesinghe. Foreign Affairs Minister Thilak Marapana moved at the end of the debate. The definition of “aggrieved persons” in the Bill was amended in conformity with the Supreme Court determination.

The Office for Reparations will be the second official mechanism to be set up to deal with missing persons issue and post-war allegations.

The Bill enables the provision of individual and collective reparations for aggrieved persons. As per the Bill, “aggrieved persons” mean persons who have suffered a violation of human rights or humanitarian law, their relatives and missing persons.

The scope of legislation applies to the conflict in the North and the East, as well as “any political unrest or civil disturbance, systematic gross violations of the rights of individuals, groups or communities of people of Sri Lanka, and enforced disappearances”.

Under the “individual reparations”, the bill facilitates any monetary payment or material benefit provided to an aggrieved person, micro-finance and concessionary loans, educational programmes, training, and skills development programmes, administrative assistance, and welfare services including psycho-social support provided to an aggrieved person, measures of restitution, including the provision of land and housing, and other appropriate measures identified by the Office for Reparations.

Under the “Collective reparations”, the bill facilitates remembrance of the deceased persons, including memorials, development of infrastructure, educational programmes, training, and skills development programmes, community development programmes or services, and other appropriate programmes as identified by the Office of Reparations in consultation with affected communities.
The Rehabilitation of Persons, Properties and Industries Authority Act No. 29 of 1987 will be repealed by the new Bill.
The Island

President’s book of self-aggrandizement in the drains of New York ! Rs 6 million down the drain !! Complains to CID

(Lanka e News – 10.Oct.2018, 8.00PM) President Gamarala who took his entire brood including his family and families of his family ( family of his prospective daughter in law) to New York for mirth and merriment at state expense , addressing the first public rally following his return from the junket after spending over Rs. 250 million of public funds said , wasting of country’ s funds and corruption should be halted immediately .

Gamarala whose bragging and boasting is never ending has during his New York tour distributed a book which is full of eulogies about him .This book containing 67 pages is eight and half inches long and 6 inches broad, printed on thick glossy expensive paper and in color does not mention the name of the author or the publisher. It is mentioned in tiny alphabets in a corner ‘ printed by ANCL’ (Associated newspapers of Ceylon Ltd.) . A number of copies of this book with an unknown author were taken from here to New York conference for distribution among the foreigners who attended the conference.

Full 37 pages of the book of 67 pages carry color photographs of Gamarala. The book which gives details about president’s life and his so called accomplishments until he became president is all flatulence and no substance.

A large number of copies of this Gamarala’s book exclusively glorifying and aggrandizing him were taken to New York. According to reports , no other state leader who attended the conference had been this megalomaniacal . None of them had brought such printed books of self glorification and self aggrandizement for distribution. Even our own state leaders in the past who attended the conference have not stooped to this cheap megalomaniac conduct – distributing books to glorify themselves.

Although the self aggrandizing book about Gamarala was printed at high cost , a large number of these books in bundles were found just thrown about everywhere cheaply in the vehicles, and at all odd places the delegation to New York visited. At least a 1000 books were printed and the cost of each book is Rs. 5000.00 to Rs. 7000.00 which means the entire cost is in the region of Rs. 6 million. (Lake House which printed them owes an explanation to the people in this regard).

This is how our simple president simply wastes amply while speaking against corruption , frauds , and profligacy each time he opens his mouth. Bundles of these books were found in the drains of New York allowing the elements to take care–vide video footage herein.

Complaint made to CID against his own delegation

After the people were made known about the most corrupt profligate New York junket of the president, and the exposures made with photographs by Lanka e News which is always first with the news and best with the views , Gamarala had gone raving mad. Gamarala who is suffering form acute paranoia has jumped to the conclusion that it is ‘RAW organization that has provided the photos and details to Lanka e News. He had thereafter become suspicious of every Indian guest in the hotels where Gamarala and his jumbo brood were staying.

Sirisena and his family were so paranoid they had even stopped their conversations whenever and wherever they saw an Indian national. No sooner they returned to the country than they made a complaint to the CID suspecting the members of the delegation. We have already broken that news under the caption ‘CID entrusted with the task of probing into how Lanka e News received information about the merry making junket.’ The CID had also already begun questioning various officers who went with the president to New York.

A news website belonging to media secretary of a minister which stoops to any lowliest level to do the sordid biddings of the president reported , the CID had interrogated those who passed ‘sensitive information’ regarding the president to Lanka e News. The harebrained secretaries who reported that , should explain to the nation , how could the news report , taking president’s prospective daughter in law who is to marry president’s ‘tablet junkie ’ on the merry making junket become ‘sensitive news .

If the selfie taken within the airport published by Lanka e News is an issue , the CID must question not the outsiders but the son in law , prospective daughter in law and others in the selfie who captured that.

It had been alleged, by Lanka e news disclosing the room No. of the hotel in New York where president Gamarala stayed , the Tigers who are in the city of New York have come to know of it , meaning that president’s security was compromised.

It is an incontrovertible fact , the world’s best security blanket is provided only to the state leaders who attend the UN conference. Hence the world leaders learning of the room number of a moronic leader like Gamarala has no impact and is of no consequence . If any harm is to befall , it can only be through wheeler dealers who visited Gamarala’s room there. Besides ,it is to be noted , no Tamil national raised protests against Gamarala’s arrival in New York.

Under what penal code does publication of photographs of president’s delegation become a crime ? Gamarala instead of giving an answer to that , just suspecting the members of his delegation of his to New York, and tipping off the CID against them , one after another is most deplorable and despicable. No leader before him of this country had ever resorted to this type of obnoxious actions.

By a special correspondent

Video footage of president Gamarala’s ‘wasteful book’ is hereunder 

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by     (2018-10-10 14:41:00)

Is Radhika Coomaraswamy Eligible To Hold Positions Of Public Accountability?

By Amrit Muttukumaru –OCTOBER 11, 2018

Amrit Muttukumaru

Radhika Coomaraswamy is no ordinary person. The public perception is that she is a person of high integrity and competence in her field of expertise. This leads to the further perception that she is suitable to hold any high office locally or globally in her field of expertise. She has at various times been (i) Executive Director of the International Centre for Ethnic Studies from 1984 to 2006 (ii) Chairperson of Human Rights Commission of Sri Lanka from 2003 to 2006 (iii) Member of the Constitutional Council of Sri Lanka from 2015 to 2018 (iv) UN Under Secretary General and Special Representative for Children in Armed Conflict from 2006 to 2012 (v) UN Special Rapporteur on Violence against Women  from 1994 to 2003 (vi) Presently a member of the investigation team appointed by the UN Human Rights Council to probe the alleged abuse of Rohingya Muslims by Myanmar security forces. It is seen she is much sought after globally and in Sri Lanka to hold high positions of public accountability. 

The Constitutional Council of Sri Lanka was purportedly set up to depoliticize key public service appointments such as inter alia the appointment of Supreme Court and Appeal Court judges. Could not one question whether it was appropriate for Radhika Coomaraswamy to be a civil society nominee in a 10 member Constitutional Council made farcical due to 7 members being Members of Parliament?

She has now moved into unchartered territory for her by being appointed as an ‘Independent Non-Executive Director’ of John Keells Holdings PLC (JKH) with effect from 1 October 2018. JKH is arguably the country’s most diversified conglomerate with top tier market capitalization.

This writer in not suggesting or implying any wrongdoing by Radhika Coomaraswamy.  

This article is written in good faith in the global and Sri Lanka public interest to seek Radhika Coomaraswamy’s clarification on the damning allegations given below:

“Simply Signed Anything”

Subsequent to the media report of the dismissal of Dr. Rama Mani from the position of Executive Director of International Centre for Ethnic Studies (ICES) for alleged “financial problems”, a “Police entry” for the alleged “removal of documents” was also reported. The need for a “thorough examination of ICES finances over the last five years” was also mentioned.  

The appointment of Dr. Rama Mani was due to Radhika Coomaraswamy who was Executive Director of ICES of from 1984 to 2006 having to resign prior to her UN appointment. It was reported that it was Coomaraswamy who “was responsible for introducing Dr. Mani to ICES”.

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Alleged receipt of funds by Minister:-Malik calls for CID probe

Thursday, October 11, 2018

Development Strategies and International Trade Minister Malik Samarawickrema has asked the Criminal Investigation Department (CID) to start a full scale investigation into any Cabinet Minister who has allegedly received a fund of Rs.150 million to be credited to his or her bank account.

Samarawickrama responding to the media reports that Rs. 150 milion had been received to be credited to his bank account and the Central Bank had frozen the funds, yesterday urged the CID to investigate this matter at its earliest and take action against any Cabinet Minister if such funds have been received.

He said that he had already written to the DIG of the Criminal Investigation Department regarding this matter.

He called on the Speaker to take necessary steps to prevent Members of Parliament being insulted and defamed through irresponsible media reporting.

“If not, no decent person will want to enter Parliament,” the Minister said.

Making a Ministerial statement, he said there was a sinister social media and electronic media effort by certain parties to tarnish his reputation and discredit him.

“While I was in Germany about 10 days ago, I was made to understand that a Director of the Ceylon High Speed Railway Limited, a company who had sent a proposal to the Board of Investment (BOI) to produce and export high speed trains, had accused the State Minister and myself of requesting for a commission of US $ 25 million to have the project proposal approved. This is a totally false allegation. In fact, I have never met this party, nor have I spoken to them or even seen the colour of them,” he said.

 

However, he did not want to delve into details of the process through which the BOI and the Single Window Investment Approval Committee approves the investments proposals submitted to the BOI.
“The BOI officials have given a detailed description of how the proposals are evaluated and approved. At no stage do the ministers get involved in the approval process. However, I have requested for and received a report of this proposal from the BOI,” he said tabling the said report.
Minister Samarawickrama noted that last week the same media institutions had published reports that Rs.150 million had been received to be credited to his bank account and the Central Bank had frozen the funds.

“This is a totally false allegation. I have checked with the Central Bank and I am informed that no such funds had been received to be credited to any of the accounts of Cabinet Ministers,” he added.
However, the Minister said that he had written to the DIG and CID to investigate this matter at this earliest and take necessary action against any Cabinet Minister if such funds have been received.
Expressing his dissatisfaction over certain news reports he asked, “Is this the media freedom that we wanted? This is nothing but freedom of the wild ass,” the Minister said.

Gnanasara Thera’s comet-like progression from obscurity to infamy to prison

By C. A. Chandraprema-October 11, 2018, 8:59 pm 

Last week the Supreme Court turned down the leave to appeal application made by Galagodaatte Gnanasara Thera against the Court of Appeal judgment that found him guilty of contempt of court owing to his behaviour in the Homagama Magistrate’s Court on January 25, 2016. The Supreme Court perhaps had no option because this monk is a serial offender having made a public spectacle of himself more times than one can keep account of. Earlier, he had been sentenced to six-months Rigorous Imprisonment by the Homagama Magistrate for threatening and intimidating Sandhya Eknaligoda, the wife of the missing political activist Prageeth Eknaligoda. Given his previous conduct and the nature of the charges against him, even reducing the sentence may not have been an option. If the Supreme Court had granted leave to appeal and given Gnanasara thera bail, he would have been out again going about his business as usual.

There were four charges against him in the Appeal Court which were as follows. 1) that on 25 January 2016, he conducted himself in a manner prejudicial to the power and authority of Court, challenged the authority of Court, disrespected the authority of the Court and addressed the Magistrate's Court of Homagama, without having any lawful connection to any proceedings before that Court. 2) He deliberately and intentionally stated in open Court, that he would not accept the orders of the Court, and that the law of the country should not be followed. 3) He deliberately and intentionally stated, without any lawful permission, in open Court, in the form of a direction, that the Court must grant bail to the suspects in the case that was being heard. 4) He deliberately and intentionally, insulted in open Court, the Senior State Counsel who appeared for the prosecution Mr. Dileepa Pieris, calling him an impotent state officer (napunsaka rajya niladhariya).

Gnanasara Thera was sentenced to four-years-RI for the first count. Four-years- RI for the second count and six-years and five-years RI in respect of third and fourth counts. His BBS colleagues had been asking for a Presidential pardon even before applying to the Supreme Court for leave to appeal against the sentence which shows they were not expecting any leniency from the SC. Now the ball is firmly in President Sirisena’s court. Minister Dr. Rajitha Senaratne has told this writer that Gnanasara Thera should be given an award for having destabilised the Rajapaksa government and paved the way for Maithripala Sirisena to win the Presidential election. This is the moment that that IOU needs to be called. Gnanasara Thera was quite close to the Sirisena camp after the change of government. Readers will recall the manner in which he had charges against him watered down so that he could get bail following the sudden flare up of anti-Muslim violence in 2017. A Buddhist monk who is an advisor to President Sirisena was the master of ceremonies in that operation.

The problem about having volatile allies on your side is that there can be a contradiction between your interests and the stock in trade of those allies – which is what caused the embarrassment of 2017. The Sirisena camp appears to have hit upon an idea of keeping Gnanasara Thera otherwise occupied and there was a massive pooja of robes for monks that was being planned with the help of the Agriculture Ministry. Readers will recall that Minister Duminda Dissanayake went to see Gnanasara Thera when he was imprisoned for the first time for threatening Sandya Ekneligoda and he said he had gone to discuss this planned pinkama. Given this proximity, there is the possibility that Gnanasara thera will get a pardon.

From obscurity to notoriety

It took all of six years for Gnanasara Thera to progress from complete obscurity to becoming a household name to landing in jail. In many ways, this is the only logical outcome of the path he chose in 2012. Before 2012, this monk was completely unknown to the public. Even this writer never knew such a monk existed until his name came up in the public domain for the first time with the anti-Halal campaign in 2012. Even in obscurity Gnanasara Thera had the knack of getting on the wrong side of the law. Back in 2000 he had been charged in the Traffic Courts in Colombo 12. The case bore the number 6315/2000. Buddhist monks are not issued driving licences even if they apply for one. The 2014 Appeal Court case of Dr. Paragoda Wimalawansa Thera Vs. Commissioner of Motor Traffic explained the rationale for this prohibition.

For a Buddhist monk to plead guilty to such a charge was very unusual. But even this very unusual happening failed to make Gnanasara Thera’s name known to the public.

His conduct after he managed to get the public to notice him shows that what he craves more than anything else is publicity -- not respect or veneration. In this respect, his big break came through contacts with certain interested foreign parties in 2011/2 012 when he got this five-year multiple entry visa to the US and visited Norway.

To say that Gnanasara Thera had a chequered history before that big break came would be an understatement. In 2004, he contested the Parliamentary election of that year on the JHU ticket and lost. In 2005, he joined the UNP and for a while was active in the UNP Bhikku Front. This was the period when he worked with Ravi Karunanayake and Shiral Laktilleke.

At the 2010 presidential election, Gnanasara Thera helped General Sarath Fonseka. According to Minister Rajitha Senaratne, Gnanasara Thera’s visit to Norway at Norwegian government expense had been facilitated by Arne Fjortoft, a Norwegian national. After coming back from Norway, Gnanasara Thera actually wanted to work with Dr. Senaratne to promote minority rights but after they had agreed to work together and organize a massive bhikku gathering at the BMICH to support minority rights, Gnanasara Thera suddenly burst into the limelight through the anti-Halal issue. The recent revelations made by Namal Kumara a denizen of the murky world of the Sinhala extremist organisations that began proliferating at around the same time that the Bodu Bala Sena made its appearance in 2012, sheds a lot of light on these various groups. All these groups including the BBS seem to have a common history of having shady connections with local and foreign organisations and individuals.

The path to prison

In just six years, Gnanasara Thera suddenly emerged out of nowhere and became a household name and a staple of the TV news bulletins and has now disappeared into jail. That things have come to such a pass is hardly surprising because Gnanasara Thera’s way of keeping himself in the public eye was through leading mobs on the streets, making inflammatory speeches and through generalised hooliganism. His turn of phrase and manner of speaking would make even hardened criminals wince because even they expect something different from a monk wearing the robe of the Buddha. Gnannasara Thera’s behavior would have been unacceptable in the most thuggish politician let alone in a bhikku. So what we had since 2012 was one monk destroying the image of Buddhism and the bhikku hierarchy was helpless to put a stop to it.

In days of old it was the duty of the king to cleanse the Mahasanga and remove undesirables. Under today’s Constitution that power is with the judiciary. The Bhikku hierarchy is paralysed due to the lack of leadership and clarity of thought and also out of fear for Gnanasara Thera. The hooliganism that was projected outside was first directed into the bhikku community. The language he uses on those within the sangha are much harsher than those that he uses on outsiders. The Homagama Magistrate’s court, the Appeal Court and the Supreme Court have done their part to uphold Article 9 of the Constitution. Speaking of the JVP of the late 1980s, the late Lalith Athulathmudali compared the JVP of the late 1980s to the Baader-Meinhoff gang of Germany and he told this writer that the way that Germany finally brought the Baader-Meinhoff gang under control was with the whole of society, the government, the police, the judiciary, the media and the ordinary public all cooperating with one another to be rid of that scourge.

The exposure of the sinister underbelly of these groups by Namal Kumara makes it imperative that the same be done in Sri Lanka as well. The public would no doubt have noticed the similarities between the attitudes and outlook of Namal Kumara and Gnansara Thera. The former, who had tried to get either former President Mahinda Rajapaksa or former Defence Secretary Gotabhaya Rajapaksa to attend a certain temple ceremony had said in the same breath that if neither of those two came, they would invite Prime Minister Ranil Wickremasinghe instead. This lack of any real political convictions and being able to move from one side to another without any qualms is a common characteristic of Gnansara Thera and all the other shady Sinhala extremist groups and indicates that to them this is not a matter of conscience or conviction but just an occupation – a trade, or a business.