Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Monday, October 15, 2012


SL Supreme Court to decide on governor’s approval to Divineguma bill

TamilNet[TamilNet, Saturday, 13 October 2012, 19:02 GMT]
The writ application filed by a Jaffna District Tamil National Alliance parliamentarian pertaining to the powers of the Northern Provincial Governor referred to the Sri Lankan Supreme Court for interpretation and determination by the Court of Appeal will be mentioned before the Supreme Court on Monday, legal sources in Colombo said. The draft bill has paved way for the establishment of a Department of Divineguma Development incorporating the existing Samurdhi Authority, Southern Development Authority and the Udarata Development Authority into a single unit under Colombo governments Development Ministry, which is headed by SL presidential sibling Basil Rajapaksa. 

Colonial Governor of the Northern Provincial Council Major General (retd) G.A.Chandrasiri has given his consent to the controversial Divineguma draft bill in the absence of an elected council.

The Divineguma draft bill was tabled in parliament by the SL President sibling and the Minister of Economic Development Minister Basil Rajapaksa after it was approved by eight elected Provincial Councils, South, Western, Sabragamuwa, Uva, North Western, North Central, Central and Eastern now placed before the SL Parliament for debate.

The SL Supreme Court earlier determined that the controversial Divineguma bill should get the approval of the elected provincial councils before tabling it for debate in parliament. 

But the bill was not referred to the Northern Provincial Council as its stands dissolved since the demerger of the North and Eastern Provincial Council. 

Instead the colonial governor of the NPC has given his approval in the absence of elected council. 

Hence the Jaffna district TNA parliamentarian Maavai Senathirajah filed a writ challenging the Governor’s approval.

In this writ application, the petitioner, Maavai Senathirajah, has complained to the Court of Appeal that the governor of the North Central Province could not express views in place of the members of the Provincial Council, while the council stands dissolved. He has said that the Court of Appeal should restrain the SL Governor from expressing views on behalf of the dissolved council.

The Court of Appeal, subsequent to hearing the counsel for the petitioner, M. A. Sumanthiran, and the Deputy Solicitor General Janak de Silva, who appeared for the respondent Governor G. A. Chandrasiri, last week referred the petition to the Supreme Court for interpretation and determination on the constitutionality of the draft bill.

The reference will be mentioned on Monday before a Supreme Court bench comprising Chief Justice Dr. Shirani Bandaranaike, Justice K. Sripavan and Justice Chandra Ekanayake.

British authorities charge 5 Royal Marines with murder in Afghanistan death - CNN.com

Sri Lanka execution footage: UN calls for investigation


Those arrested were part of Operation Herrick 14, as Britain's efforts in Afghanistan are known. (File photo)
Those arrested were part of Operation Herrick 14, as Britain's efforts in Afghanistan are known. (File photo)
CNN(CNN) -- Five Royal Marines have been charged with murder for the death of a man in Afghanistan's Helmand province last year, authorities said Sunday.
In all, authorities arrested nine Marines in connection with the death, but four were later released without charge, the British defense ministry said.
The men were part of Operation Herrick 14, as Britain's efforts in Afghanistan are known. Their case will now proceed through a military court system that mirrors the civilian legal system.
In its announcements of the arrests, and later the charges, the ministry offered little detail about the incident except to say it took place last year and described the dead man as "an insurgent."
However, the British newspaper The Independent said Saturday the Marines were arrested after police found footage on a laptop during a separate investigation into pornographic material.
The newspaper said the footage showed the Marines discussing whether they should offer medical aid to an injured man.
The man was wounded while trying to ambush a patrol. He later died -- although the death was not captured on the footage, the paper said.
Read more: Q&A: International troops in Afghanistan
By Sunday, a Facebook page supporting the men had gathered more than 36,000 followers.
"This page is set up to show support for the seven Royal Marine Commandos arrested for murder for an event which happened in Afghanistan 2011 where no civilians were injured and one gunman was killed who shot at them FIRST," the page said.

Special committee appointed to hold investigations against Nallur PS chairman

Protest against another attack....

Monday, 15 October 2012
Police announced special committee appointed to hold investigations against attack carried out against the Nallur Pradeshiya Sabaha chairman P.Vasanthakumar.
Special committee from the Kopai police station as commenced their investigations.
Vasanthakumar was scheduled to file a case with the Court of Appeals today, regarding illegal land grabbing, and was returning after handing over certain documents pertaining to this to the Kopai Police.
However, it has been reported that the attack had taken place within the Jaffna Police Division, a spokesman for the Kopai Police said.
Injured chairman currently receiving treatment at the Jaffna Teaching hospital.

PROTEST AGAINST ANOTHER ATTACK....

October 15, 2012
A protest was held in front of the Nallur Pradeshiya Sabha today (Oct. 15) against the assault on the Chairman of the Nallur Pradeshiya Sabha, P. Vasanthakumar

The Pradeshiya Sabha Chairman was assaulted on Ambalama Road in Kokthuvil at around 2.30pm yesterday (14). The perpetrators had reportedly arrived on a motorbike and had rammed into Vasanthakumar’s motorbike and also had stolen several documents in his posession.

Sunday, October 14, 2012



AlJazeeraEnglish has uploaded Inside Syria - Syria-Turkish-Russia relations set to fray.


As flights are now suspended the fallout between Turkey, Syria and Russia seems imminent. Hazem Sika speaks to Fadi Hakura, Bassam Imadi & Vyacheslav.

NALLUR PRADESHIYA SABHA CHAIRMAN ASSAULTED


NALLUR PRADESHIYA SABHA CHAIRMAN ASSAULTED


NALLUR PRADESHIYA SABHA CHAIRMAN ASSAULTED

October 14, 2012
Nallur Pradeshiya Sabha Chairman assaultedThe Chairman of the Nallur Pradeshiya Sabha, P. Vasanthakumar has been assaulted and injured by an unknown group of persons. He is currently receiving treatment at the Jaffna Hospital, police said.

Vasanthakumar was scheduled to file a case with the Court of Appeals tomorrow (15), regarding illegal land grabbing, and was returning after handing over certain documents pertaining to this to the Kopai Police.

However, it has been reported that the attack had taken place within the Jaffna Police Division, a spokesman for the Kopai Police said.

The Pradeshiya Sabha Chairman was assaulted on Ambalama Road in Kokthuvil at around 2.30pm today. The perpetrators had reportedly arrived on a motorbike and had rammed into Vasanthakumar’s motorbike and also had stolen several documents in his posession.

Kopai Police said a team of officers have been deployed to conduct investigations regarding the incident.



Fox ‘Worried’ About Lanka


Sunday, October 14, 2012
Former British Defence Minister Liam Fox has said that he is worried about the state of affairs in Sri Lanka.
He has said this during an event organized by the British Tamil Conservatives (BTC) in London, BTC said in an email to The Sunday Leader.
Fox has said that if the Government of Sri Lanka was not prepared to at least make the little changes already in the Constitution the situation would worsen. Fox has often been seen as a good friend of Sri Lanka and had made several visits to the country both as an opposition member and government member.
He resigned last year from his government post amidst allegations that he had given a close friend, lobbyist Adam Werritty, access to the Ministry of Defence and allowed him to join official trips overseas.
Meanwhile British MP Lee Scott, Chairman of the All Party Parliamentary Group for Tamils, speaking at the BTC event said he was fully aware justice for Tamils is the central concern of British Tamils.
The event was attended by the Party Chairman Rt Hon Grant Shapps, Cabinet Minister, Rt. Hon. Theresa Villiers, MPs, MEPs and Steve Bell, the Vice President of the National Conservative Convention.

GTF vows to take on govt. in multiple fronts

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By Shamindra Ferdinando-October 13, 2012,

The Global Tamil Forum (GTF) yesterday said that it would continue to take on the Sri Lankan government on multiple fronts. Sri Lanka’s second Universal Periodic Review (UPR) at the United Nations Human Rights Council (UNHRC) on Nov 1 would give the GTF an opportunity to confront the ``dictatorial’’ GoSL, UK based GTF spokesman, Suren Surendiran told The Sunday Island.

The GTF recently made its own submission to the UPR process, the official said. "We are part of the review process. Our President Father S.J. Emmanuel will be in Geneva with several others," he said, adding that he, too, would be there.

The recent consultations between the Tamil National Alliance (TNA) and the Indian leadership, too, were part of the overall process aimed at winning the legitimate demands of the Tamil community, the GTF official said. The Tamil community would campaign overseas to propagate the plight of the community in post-war Sri Lanka, he said, adding that the recent affiliation of British Tamil Conservatives (BTC) with the Conservative Party, too, would strengthen their campaign said.

Commenting on TNA delegation led by its leader R. Sampanthan having high level talks in New Delhi, Surendiran said: " India’s interest in Tamil affairs in Sri Lanka is vital in achieving a just political solution for the Tamil National Question, equality, dignity and justice for Tamils. India is not just a regional power, it is growing to be an international power. Having a regional alliance with the Tamil Nation is not just important for Indian security but also significant to establish a stable region.

``For the current Indian Government, the politics in Tamil Nadu is key to sustain the existing coalition and in the elections that are due in less than two years. In those circumstances, it is vitally important the elected representatives of the Tamil people, the TNA, to engage India at the most senior levels of the establishment. We are encouraged by the Indian Prime Minister’s remarks that `India would never backtrack from its position that Tamils in Sri Lanka should lead a life of dignity and self respect in a peaceful environment’ as reported in the local Indian media.’’

Surendiran asserted that their struggle had reached an important stage with the Tamil community making headway on the international front. India’s role in the process would be of pivotal importance. In fact, it could be the most important factor, he said.

He emphasized that the Tamil community wouldn’t give up calling for an international independent inquiry into atrocities committed during the final phase of the conflict. He expressed confidence that the vast majority of people living in the South would support their efforts. Tamil diaspora organizations would continue their efforts regardless GoSL attempts to portray them as fanatics.

Surendiran said: "The diaspora is united in its fundamentals. Therefore be it at the UNHRC or any other international forums we, collectively will continue to demand for an international independent investigation to establish the truth on what happened at the last leg of the war that ended in May 2009. The fact that human rights conditions for Tamils, particularly for young women and generally for the youth has deteriorated since the end of the war will be exposed with credible evidence at every international opportunity presented to us.

``We will continue to work with likeminded and progressive forces in the south to expose the oppressive and dictatorial ways of this regime. We will highlight through constitutional experts and human rights bodies how the basic fabric of democracy is broken in Sri Lanka by the introduction of the 18th Amendment to the constitution and the consequences that are felt at every election process since, the lack respect for law and order, destroyed general governance, the lack of media freedom and most serious of all the interference and subjugation of the judiciary."

What led to the attack on the JSC Secretary?
Sunday 14 October 2012



There was ample evidence to assume that the attack on the Secretary to the Judicial Services Commission was done by pro government forces. How did such a situation develop? The behaviour of the government reveals that they are sure of themselves. They are sure that their alliance with the Sinhala rural masses will continue for a long period. For the latter, they (the government) are the heroes that defeated Tamil terror, which was there for some time. Many failed in this task but Mahinda led the war that defeated the invincible terror outfit.

Virtually invincible
As long as the rural petty bourgeoisie of the Sinhala society believes in this mythology they can survive and are virtually invincible. That is their mind set. The recent victory in the PC elections increased their confidence in their ability to survive. Now they want to implement their development projects without any hindrance or obstacle. They have become impatient to go ahead with what they believe to be the sure path to prosperity. They are right; in fact, already some have become incredibly rich, through plunder and theft. They have misappropriated money from state coffers and from the funds of the working masses. Also, they have siphoned off big chunks from the money had been obtained as credit for development projects. War was rich business too.
Delhi Brahmins, hell bent on vengeance for the humiliation they got from the Tamil Tigers, stood like Hanuman behind the Mahinda regime. The former did everything to mobilize foreign resources for the massacre. Demolition of the Vanni civilization with thousands killed, and the plunder of resources, created a historic tragedy that would surpass any given Greek mythology. Tears and blood divided the country as never before, giving much opportunity to the ideology of the Mahinda Chinthanaya.
However this attack against Manjula Thilakaratne shocked the middle class in the metropolis and they are surprised by the insolence displayed by the regime. They could not imagine how an elegant judicial officer, a product of St. Thomas’ and with high connections, was attacked by thugs in their paradise in Mount Lavinia. In the past, for a period they were mesmerized by the heroic deeds of Rajano. Many could not believe that the regime will resort to this kind of crude terror tactics to convert or condition a higher judicial officer, a genuine part of the bourgeoisie judicial apparatus.
I am sure many want take my story seriously; perhaps because it has not affected them so far. But workers can see the game. Because they saw how the regime prepared with impunity to take their money that had been saved for generations. Still, Sinhala workers were reluctant to believe what the left trade union leaders told them. In fact, the old layers of workers from state corporations and banks acted slowly. Many trade union bosses were very close to Mahinda Rajapaksa, the man who walked miles with them shouting slogans against villains – both local and international. His socialism mixed with Sinhala chauvinism was attractive to them.

From paddy fields to ploletariat
At the correct moment, Wimal Weerwansa came forward to give a self cooked theory that bonded the man from the Hambantota paddy fields to the urban proletariat. This was the main factor behind the victory of Mahinda that led him to the presidential chair. However with the attempt to take over the provident fund from its independent existence, workers started moving out. Young workers from free trade zones came to the struggle like a panther from the dark jungles of Africa. They managed to defeat Mahinda attempt to grab the EPF and ETF.
This was the beginning of the leftward drift of the working masses. Rosen gave life for this change within the proletariat. Plantation workers also learned the lesson fast. Then came the FUTA struggle which affected the urban middle class too. It made a significant change in the balance of power within society.
But the middle class of the Sinhala society were reluctant to notice the right wing shift of their hero. This attachment of the Sinhala petty masses to Rajano is exactly the source of dictatorial thinking of Mahinda. This misplaced love of the Sinhala society created this obstinate agent of Global capital, who would now not hesitate to terrorize even the judiciary to achieve his target.

Real challenge
If law and order are violated regardless of the basic agreement in a civil society, then the masses, particularly the youth, will turn to violence and terror. Perhaps that is what Rajano is waiting for, to justify the use the military in every corner. This is the real challenge faced by the masses of Lanka – both in the north and in the south.

What Will Happen If We Fail To Resist The Juggernaut Of Absolutism And Lawlessness?
Colombo Telegraph
By Tisaranee GunasekaraOctober 13, 2012
“Terrorist – one who favours or uses terror-inspiring methods of governing or of coercing government or community.” -The Oxford Dictionary
The attack on the Secretary of the Judicial Service Commission (JSC) is an act of terrorism. Not all terrorists lurk in the shadows, hiding from the authorities. Some terrorists are the authorities. An insatiable appetite for absolute power/total control is a quality common to state and non-state terrorists. Both varieties (from Chancellor Hitler to Tiger Leader Pirapaharan) use ‘exemplary terror’ to frighten opponents into mindless compliance.
The attack on Manjula Tillekaratne was an act of ‘exemplary terror’. It was committed in the open, for the world to see; its aim was not just to punish a recalcitrant JSC Secretary but also to teach the Judiciary a lesson in obedience and demonstrate to the public the high costs of resistance.
Terrorists cannot be appeased. Compliance and silence merely embolden them into committing ever more heinous crimes. The response to the attack on the JSC Secretary must be strong and unequivocal; it must also be societal and not merely judicial. If the judiciary and the civil society fail to stand together, in protest against this latest outrage, and in defence of judicial independence, terror acts will not cease. Terror-practitioners will gain strength from our weakness. And no one will be safe, from the lowliest farmer to the highest judge, from outspoken media-personnel to pro-establishment military men, from the most radical worker or student to the most conservative businessman or professional.
During his interrogation by the Nazis, German Jurist Hans von Dohnanyi identified ‘arbitrariness in matters of law’ as the primary reason for his courageous resistance to Hitler. Ancient Lankans knew that ‘arbitrariness in matters of law’ is coeval with rampant injustice, as evidenced by the folklore about King Kekille. Kekille was not a historical person but a historical phenomenon, a symbol of the unbreakable nexus between arbitrary rule and lawlessness. Modern Lankans can forget that age-old wisdom only at their own cost.
President Rajapaksa has ordered a police investigation into the attack on the JSC Secretary. President Rajapaksa ordered a police investigation when Lasantha Wickrematunge was murdered. Three and a half years and three police teams later, the killers remain free and justice is not done.
Lankan police have an excellent track record in solving non-political crimes. Lankan police fail to ‘catch their man’ only when their man enjoys political patronage (a la Malaka Silva) or is a politician (a la Duminda Silva). When a Buddhist monk was killed in Kotte, the police cracked the case in an amazingly short time, because it was a non-political crime. But in Kahawatte the police floundered even as bodies piled up, because a powerful local politico reportedly masterminded the killings.
That political/non-political distinction makes all the difference between police competence and incompetence.
The manner in which the police investigate the attack on Mr. Tillekaratne would thus be revealing. If this is an ordinary crime, the police will get their men, fast. If this is a political crime, the police will meander endlessly. Either no one will be caught; or the wrong men will be apprehended, to be released once the attack is old news.
In Sri Lanka crime is rife. Most ordinary crimes are secret crimes because most ordinary criminals fear the law. Political crimes are often committed in the open because the perpetrators – or their puppet-masters – are above the law. Manjula Tillekaratne’s attackers struck in broad daylight and in public, just as Lasantha Wickrematunge’s did. That modus operandi is indicative of a sense of power and of impunity alien to ordinary criminals.
The political conjuncture in which the attack happened is characterised by a budding conflict between the Executive and the Judiciary. The physical attack was preceded by a well-orchestrated campaign to vilify Mr. Tillekaratne as an upstart, an abuser of power and of female magistrates. (Incidentally, will there be an attempt to blame the attack on an outraged parent?).
The precise timing of the attack is also thought-provoking. Cricket is the opium of Lankan masses and the attack happened on the day of a critical match. Had Lanka won the T20 title, the resultant euphoria would have made the attack on the JSC Secretary seem like minutely small change.
Three years after the victorious conclusion of the war, the largest chunk of national wealth continues to be consumed by the Ministry of Defence and Urban Development (the title itself is symbolic of the galloping militarization besetting Sri Lanka). In 2013, this allocation will increase by a huge 25.9%. In this security-obsessed country, not even a top judicial official is secure. Who is the Ministry of Defence defending?
Subjecting the State
Checks and balances are a Rajapaksa anathema. The regime is reportedly planning to introduce new laws to disempower the Auditor General. According to Treasury Secretary, the existing financial regulations must be replaced because they create a paper-trail and give “…plenty of ammunition for the Auditor General to go through a check list and say everything is bad and project that there is bad governance in the country” (The Island – 9.10.2012). So that is how the Rajapaksas plan to achieve good governance: not by eliminating bad practices but by making it legally impossible for the Auditor General to investigate or critique bad practices!
The Treasury Secretary opines that new regulations are needed “to give the public officials freedom and the capacity to deliver the demands and expectations of the people” ibid). President Rajapaksa states that “Acts which do not serve any practical purpose should not be allowed to get in the way of the government’s development initiatives…” (Daily Mirror – 8.10.2012). Is the regime planning a ‘legal revolution’ to annihilate all checks and balances and bestow untrammelled power on the Rajapaksas and their cohorts? Will the end be an Orwellian state in which bad is good, dishonest is honest and false is true?
This is what the Nazis called Gleichschaltung: turning state and society into a preserve and an extension of Herr Hitler and his terrorist-cohorts. And the Judiciary stands in the way, as was evident from its role vis-à-vis the Divi Neguma Bill.
Last week, President Rajapaksa claimed that the opponents of the Divi Neguma Bill (and other similar measures) are trying to achieve what the Tigers could not in 30 years of war. And one thought the Tigers fought to divide Sri Lanka and set up a state of Eelam!
Is the President equating the opposition to the Divi Neguma Bill (which will give Basil Rajapaksa a department worth Rs. 80 billion plus an anti-transparency clause) with aiding separatism? Is he, by extension, claiming that all opponents of the Divi Neguma Bill, including the Judiciary, are traitors? Is this an indication that the full force of Rajapaksa-power will be used against all those who impede the Rajapaksa-way?
Winston Churchill described the Munich Accord as the ‘first foretaste of a bitter cup’. The attack on the JSC Secretary is a foretaste of the bitter cup, which awaits us if we fail to resist the Juggernaut of absolutism and lawlessness. That necessary battle is the inescapable duty of all those who want to live as citizens in a democracy rather than become subjects of an ersatz royalty.



Wimps And The Monolithic Basil Rajapakse Empire

By Kumar David -October 13, 2012
Prof. Kumar David
Colombo TelegraphThe Wimps have collapsed like a house of cards; and worse if theDivineguma Bill is enacted and Basil’s empire expands by Rs 80 billion the sharing out of the 2013 budget allocations between ministries will be as shown in the accompanying diagram. It may be argued that 80 billion is a worst case scenario and 60 billion is a more realistic estimate of the increase in Basil’s muscle; in that case his prospective empire shrinks to 14% and the crumbs left over for the Wimps increase marginally to 34%. I have also shown the allocation for Education and Higher Education (Rs65.8 billion in total) as a separate slice on the pie chart since this is the burning topic of the day thanks to the FUTA strike action.
Among the Wimps are many erstwhile champions of devolution, including the brave knights of the Dead Left, who heroically “opposed the 18-th Amendment in principle but supported it is practice”; a version of the dialectic that would have floored Hegel and Marx in one karate shot! Also among the Wimps are one time stout defenders of devolution such as Rajitha, Dilan and Douglas who offered to lay down their honour or lay down their cabinet portfolios, but when it came to the crunch had no hesitation about which one they would choose to lay down.
Towards a Corporatist State
Anybody who thinks it was the Secretary of the Judicial Services Commission, who was assaulted by a squad of pro-government goons, would be dead wrong. This is not an attack on the JSC Secretary; it is an unmistakable message to the Chief Justice: “Bugger off or this is what is in store for you.” The CJ is a lady and – no offence meant – maybe they think psychologically a soft target. This is a message to the judiciary, the legal profession and to anyone who dares defy the siblings. However, it goes even deeper; essentially it is not even about a ruling cabal that brooks no opposition. No the cabal thinks and strategise long-term; the looming agenda is about an emerging Corporatist State, so let me dwell on the concept a little.
Though the word fascism is of Italian origin (fasci, meaning tightly gripped bundle), high fascism in its most ruthless manifestation is identified with Hitler and the Nazis; the Mussolini original which came to power in 1922 is a more corporatist, say a softer version. Here are a few key words we can link with Mussolini’s Corporatist State; ardent nationalism, totalitarianism in the sense of bringing everything under the umbrella, if not the direct control of the state, a perverse kind of socialism, and top-down state control of trade unions, public administration, police, military, judiciary and the economy. It did not smash every vestige of independent activity, Church, learned societies, universities and scientific bodies as Nazism did. It was called national syndicalism, in that it gathered populist organisations, anti-communist unions, business interests, the media and some notable Italian intellectuals under the patron umbrella of Il Duce. Hence there was a degree of patron-client relationship in Mussolini’s Corporatist State and if you sense you are reading this in Colombo and not Rome, well the similarity is not of my making!
Sri Lanka is not, and is not on the way to becoming a military dictatorship. The Generals are poodles kept on a leash and made to dance to a sibling tune; they have no alternative power base; they never had except in the brief months overlapping the end of the war. Sri Lanka is not, and is not on the way to becoming a classic fascist state. Despite the political corruption of a clientele public there is a sufficient reside of resistance in the political opposition, the media, the educated and business classes and in the working class to render an experiment with naked fascism unsustainable. Above all the international climate and democracy in India so long as it lasts, make military dictatorship or naked fascism an impossibility in this Island. In my judgement what we are sliding towards is totalitarianism of the Corporatist variety.
Divinaguma another nail in the coffin
The most obnoxious feature of the Divineguma Bill is that it expands the Corporatist Empire of a Rajapakse sibling by somewhere between Rs60 billion and Rs80 billion. The second abominable feature is that is an instrument for the centralisation of power rendering impotent even the barebones of devolution now in place. I say barebones since the existing provincial councils are but vassal instruments of the regime with backbones moulded of the softest clay. If a sibling says “Stand up! Sit down!” the honourable councillors fall over each other to rise or to squat. The wimps in Cabinet long ago folded-up their vertebrates and put them away; in post-Divineguma Lanka the provincial wimps will next be bypassed to the tune of tens of billions of rupees. And it is all being done with the fullest and most genuflecting corporation of Cabinet and Provincial Councils, assimilatory corporatism at its best!
Although there are weaknesses, inefficiencies and coordination weaknesses in the present distributed administration of poor relief these will pale in comparison with the abuses that will result from consolidating the entire programme in a monolithic Basil Rajapakse empire. The regime will make use of its controlling position to make political capital out of poor relief which will also be twisted when necessary into an election gimmick. Political appointees loyal to the regime will secure sinecure appointments, efficiency will decline and corruption will proliferate. There will be conflict between the Empire and Provincial Councils except in the case of UPFA Councils which have little taste or gumption for asserting independence from the regime.
The net effect is that the consolidated monolith will be one more tool in the hands of the Rajapakse Regime in its relentless bid to foist a Corporatist State on the country.

Putting Sri Lanka Back On Track

By N. Sathiya Moorthy-Sunday, October 14, 2012

Road development in progress
Chennai, 11 October 2012: Even as the months-long strike by university teachers was showing signs of an early end came reports of judges across the country boycotting the courts. The teachers were protesting for higher salaries and the latter, the physical assault on Judicial Services Commission (JSC) Secretary Manjula Thilekeratne, a senior District Judge. In between, for weeks now, the country has been reeling under scheduled and not-so-scheduled power-cuts, owing to poor rainfall, and sky-rocketing prices, mostly for reasons beyond the control of a nation as small as Sri Lanka in political and global economic terms, with charges and counter-charges on the law and order front, too.
Public memory is short. In a democracy, people expect a good government to ensure good rainfall and global price stability. In the 21st century Sri Lanka, as elsewhere, people have taken uninterrupted power-supply for granted. Power-cuts for long hours have been a factor for electoral reversals across the Palk Strait, in neighbouring India. Whether real, unreal or surreal, perceptions of ‘permissiveness’ are also back in Sri Lankan public discourse, often blown out of proportion in the middle class milieu – and there is an urgent need to arrest it all, if the nation has to shed its inherited trait of immeasurable pessimism, defeatism and desperation back with the decades of ethnic war, which ended equally ‘long ago’.
The leadership and Government that won what was once considered to be an ‘unwinnable war’ alone may be capable of repeating the performance with equal popular support. Or, so goes the general expectation. There cannot be any drift in purpose or method. If the war could be won on a ‘war-footing’, so should be peace and prosperity. Again, that is a perception. The air of permissiveness that seemed to have crept in too needs to be arrested – and reversed – if the nation and the leadership are to continue reaping the medium and long-term benefits of the former bringing the war to a relatively swift end.
It is not as if there aren’t any problems. It is also not as if there are no solutions. More importantly, there have been successes, too, in the past years – the conclusion of the ‘ethnic war’ being the most important and critical of them all. It should be said to the credit of President Mahinda Rajapaksa’s leadership that even as the Government was pursuing what had been branded as an ‘unwinnable war’, it still was able to take big-ticket development to the Sinhala South, and to individual villages and homes, too, alongside.
Three-plus years down the line, to many in the otherwise discredited political Opposition, it all looks at best like a part of the ‘war strategy’, to keep the nation and the people on the right side of the Government, all the same. This was so after the East first and the North later was ‘liberated’ from LTTE control. Three-plus years down the line, no one contests the Government’s claim on development of the North and the East. Yet, the issues in the one-time ‘war zone’ are not one of development, but of democracy, de-militarisation and devolution. The issues may have re-prioritised themselves but the Government is sticking to its developmental agenda. Development in these parts are welcome as a part of overall governance but not as a part of the political solution, which has been hanging fire for decades now, war or no war, terrorism or no terrorism.
It is not as if the Government had not tried. On the law and order front, last year and earlier, too, the Government sought to come down heavily on urban gangsters in a big way. The Defence Ministry, of which the Police is still a part, and to which Urban Development was added, too, did its best. Yet, gangs and gang-menace have not been eradicated, as the attack on Judge Thilekeratne has shown. There have been any number of attacks on individuals – and institutions, as investigations into the attack on the JSC official could well show. Granting political motivation behind some, it reflects a gang mentality. Many investigations have to be left hanging, not always for want of trying or of sincerity of purpose. It is not about pre-judging the investigations, but is about perceptions that should not be allowed to seep in.  In a nation that was at war with itself, and armed gangs drew their inspiration and encouragement from those in war, restoring public order has proved to be more difficult than winning or losing the war. It is the kind of urban guerrilla operation, which neither the re-energised army, nor the demoralised police is equipped to win, overnight.  It is an attitudinal war to be fought and won from the grassroots-level upwards. It requires the right temperament, inspiration and inquisitiveness in the leadership. If nothing else, it cannot operate and succeed on a command-and-control model on which wars are won.
Educating the educated
The university teachers’ strike as an issue, for instance, has been brewing for years now. So have been the demands and protests of various sections of the Government employees. Having stood by the Government in times of war difficulties, they since seem to have concluded that they too needed to be rewarded for the loyalty to the nation in times of crises. If not to the full extent, they would expect compensation at least to commensurate with the ever-increasing prices of commodities in the market place, and similar pay-packets in the private sector. If the Government, for instance, is not against private universities, it should not also be against private sector pay-scales in higher education, though the protesting teachers may have another view on privatisation itself. In a nation that has taken pride in its high literacy rate, the reach of higher education has been woefully low. Sri Lanka has been turning out more and more of semi-skilled low-end wage-earners for the Global Inc elsewhere than high-earning technocrats, who anyway work in more open societies of the West than the Gulf region, and thus prefer settling down there as citizens of host-nations. In the run-up to the 2005 presidential polls, the two main candidates were competing with each other on the number of housemaids that they would be sending out jobbing elsewhere, and not in increasing the quality of higher education and turning out more and more of high-end wage-earners, for the local and global job markets. In any other country, the competing candidates would have had hell to pay. Not in Sri Lanka. The demand for six per cent GDP allocation for Education may have had higher pay-scales in mind, but there are still ways in which the larger issues need to be addressed.
Ethnic issue, UN and the UPR
It is unfortunate that over the past years, starting with those spent in ‘Eelam War IV’, Sri Lanka seems to be having a masochist pleasure in taking on the international community for right reasons and wrong, in right ways and wrong. Thanklessly for the nation, again, more recent months refuse to take away the odium of ‘war crimes’ and accountability that sounded feeble in the days and weeks immediately after the war. If it was the US-sponsored UNHRC resolution at Geneva six months ago, it is now the Universal Periodic Review (UPR), scheduled for November. In a way, all sections of the Government seems to be busy defending the ‘indefensible’ (in international perception) or ‘non-defensible’ (no ‘wrongs’ were done to be defended: Govt), with the result, little time or energy is available to address immediate issues of governance. Where compromises have to be made, not just in time and energy, it is where it seems to be.
What is often overlooked is that the UPR, unlike the March resolution, would go beyond war-related issues and concerns. For the same reason, the LLRC Report would be inadequate to address the concerns, which however have been flagged from time to time at Geneva, independent of who is ruling in Colombo and which feathers they had ruffled, locally or otherwise. It may thus be recalled that ahead of the last UPR in 2008, the civil society outfits in Colombo had made life miserable for the Government, flagging allegations of HR violations targeting them and others, particularly the ‘free media’. Their voices have silenced this time round. Yet, the opprobrium of the ‘white van’ invented and institutionalised by the dreaded LTTE remains after the LTTE. This time the shoe is on the other foot – and it hurts Sri Lanka.
The ‘ethnic issue’ refuses to go away. It never ever will, without a political solution acceptable to the local Tamils and acknowledged the rest of the world, where all the Diaspora Tamils live and influence decision-making. This is another reality that Sri Lanka and the Sri Lankan State cannot run away from. If it is logical for the TNA to accept ‘incremental devolution’ as an interim solution of sorts, it should be equally logical for the Government to come down that many notches to address the legitimate aspirations of the Tamils and the political compulsions of the TNA, too.
Fair enough, the Government considers the PSC as the right forum to agitate, argue and resolve the ethnic issue. Fair enough, too, the TNA reportedly wants a ‘minimum threshold’ that the PSC would not violate. Ahead of leaving for New Delhi to brief the Indian leadership of their current concerns, some TNA leaders were variously quoted as saying that they had not settled for 13-A but feared that the PSC would seek to do away with even as much. For all stake-holders in Sri Lanka, it is as much political as it is constitutional. In all this, TNA should hold its friends and allies, from the past and the prospective ones, from within the Sinhala polity as much accountable as the Government – if not, more. After all, the TNA is starting off on a negative mind-set vis a vis the Government after the failure of the 18-round talks failed to show a way out of the deadlock. And the TNA should also hold itself accountable to addressing, directly and through the PSC, the concerns of other Tamil-speaking people on the island-nation. It should help put Sri Lanka back on the track, from which it has been slipping over the past decades, what with the camouflage of the war not being there any more to cover up for the wrongs of the party and Government in power, whoever they be!
(The writer is Director and Senior Fellow at the Chennai Chapter of the Observer Research Foundation (ORF), the multi-disciplinary Indian public-policy think-tank, headquartered in New Delhi. email:
sathiyam54@hotmail.com)