Sunday, October 21, 2012

Bring Them On Because We Need More Ministers!

By Emil van der Poorten -October 21, 2012

Emil van der Poorten

A senior member of the current government, Nimal Siripala de Silva I believe, has recently and on more than one occasion stated without tongue in cheek, that, given the enormous work load of those serving in the largest Cabinet in the world it was an urgent necessity for that Cabinet to be expanded. Also, as a result of being significantly late in making out my Christmas wish list for many prominent people/politicians in this country last year, several of my friends berated me for this unforgiveable sin of omission and have continued to remind me of the necessity of not falling down on the job again. So, in an effort to kill two birds with one stone, here I go with my response to the burning need of (my) hour!
However, before I get into the nitty-gritty of coupling my gift list for the year-end festive season and relieving the unbearable pressure under which Cabinet members operate, let me pronounce a couple of caveats:

1) I am not including our “First/Royal Family” on that list for the plain and simple reason that it would not be appropriate for a simple plebe to display the effrontery required in such an exercise

2) If there is any appearance of inappropriate choice in the matter of the gifts – Portfolios – in the case of Ministers of the Crown (I use the term advisedly), I take full responsibility for such dereliction of duty, assuring any aggrieved party of the purity of my intentions.

Now to the task at hand: new Ministries:

1. A Ministry of Vegetable Transport and Exotic Animals. An introductory explanatory note might be in order for this seemingly incongruous combination of areas of responsibility. This is in keeping with the ground-breaking combination of Defence and Urban Development where an element of ethnic cleansing (in Slave Island, in particular) has been very effectively combined with the potential for light rail transit, clean streets, replacement of “foreign” willow trees with “indigenous” hardwoods etc. Our new Minister of Vegetable Transport will have an opening stock of several container loads of the plastic crates, which were previously mandated to be the only receptacles in which our veggies were to be transported. These, I understand, continued to be warehoused, unused, despite the requisite commissions on their purchase having been paid. Suitably modified, these could also be used as restraining devices for the ostriches, which were to be imported for their egg production. They can also to be used as hobbles for the camels that were similarly intended to enhance services to Middle-Eastern tourists, with their milk. In this way, both the camels and the ostriches could be kept in spaces smaller than the Sahara or Arabian deserts, suitably displayed to a public that would love to contribute their mite in the way of a viewing fee so that all Sri Lankans might be provided with this entertainment as well as have an opportunity to appreciate the genius of those serving the country (and themselves) at Cabinet level. The vegetable crates, up-ended, could also be used for sitting on while the Minister and his staff devise new and wonderful schemes to make Sri Lanka the laughing stock of the civilized world.

2. A newly-designated squad of Sons of Politicians with the primary responsibility of ensuring army officers do not act as bodyguards to gambling czars whether or not the latter are supporters of the current government. (An appropriately abbreviated designation will have to be invented for those appointed to such positions) The issue of obituary notices in respect of those “disciplined” by these new Ministers will be the responsibility of the Secretariat serving them. In view of the fact that the career path of Malaka Silva will bring him back as Minister of Education after attending a seat of higher learning overseas, preparations will be commenced to publish a little red book titled “The Sayings of Minister Malaka.”

3. An additional Minister of External Affairs will need to be appointed so that the incumbent may better fulfill his responsibilities as peon to the Crown Prince of our nation. As it is, too much of his time is consumed by more mundane duties such as meetings with other foreign ministers, causing a failure to fulfill his primary function as a glorified “Ayamma” to Him Who is the Designated Heir.

4. While there appears no necessity to add to the ranks of the clutch of ministers from the Dead Left faction of the government, they will be provided more clerical and other assistance given the fact that it is most time-consuming to craft statements which indicate that, while they are opposed to any draconian government proposals “in principle,” they will continue to vote “aye” to them in practice! This should enable them to snap their arms to the vertical position quicker than the old train signals to signify their assent to any fascistic initiative of the government to which they are beholden for their continuing existence.

5. Similar arrangements for support staff for Wimal Weerawansa is proposed. This will enable him to fulfill his responsibilities in the area of re-writing western literary history, making the American Ernest Hemingway into a Frenchman and having a the Frenchman, Guy de Maupassant writing “The Old Man & the Sea.” Yet another assistant will be required to organize Fasts-Unto-Death and helping WW levitate to Disneyland, using his American Express Credit Card while calling for a boycott of all things American. The Minister will also be provided with expert advice to enable an enhancement of his knowledge of how judicial luminaries are able to flagellate themselves as he alleged the Secretary to the Judicial Commission did.

6. The Ministers of Education and Higher Education need to be “twinned” to prove conclusively that TheMiracle of Asia can produce more than two idiots to whom to entrust the educational future of a whole nation.
Unfortunately, space does not permit a more comprehensive list of the new, desperately-needed positions required to reduce the unbearable work-load of our existing Cabinet. This will be forthcoming at some future date, unfortunately, not in the foreseeable future.

UAE seizes Lankan weapons ship

Sunday, 21 October 2012, 08:17.40 AM GMT +05:30 ]

United Arab Emirates coastguard has seized a Sri Lankan-flagged weapons ship after it strayed into UAE waters on October 01.

The ship, Sinbad, is operated by Avant Garde Maritime Services, which runs two other armouries, off the coast of southern Sri Lanka and in the Red Sea.
All are sanctioned by their government for use by private maritime security companies, thenational.ae quoted a company spokesman as having said.
Maj Nissanka Senadhipathi, chairman of Avant Garde, has declined to give the number of weapons aboard Sinbad, but confirmed the arms were owned by the Sri Lankan government.
“Nobody was arrested, they just questioned the men,” said Maj Senadhipathi, adding, “They were not treated as detainees.
“We were checked and our authenticity as a joint venture with the government of Sri Lanka was proved. The ship was released after five to seven days after the check was conducted.”
Maj Senadhipathi said of the Sinbad: “We are highly protected. There are 15 men from the RALL [Rakna Arakshaka Lanka Sri Lanka sea marshals] guarding the weapons at any time.”
UAE authorities have confirmed an incident had been investigated.
Sources said the case had been referred to Fujairah prosecution.

110 families that were taken away from Menik Farm last would be permanently in the jungle

SUNDAY, 21 OCTOBER 2012

Sri Lankan minister Champika Ranawaka with President Mahinda Rajapaksa (File image-Daily Mirror)

Media had reported that the displaced from the war that were left behind after Menik Farm was closed down were abandoned in a jungle.

The abandoned, members of 110 families from Keppapilavu village in Mullaithivu, are being detained in a jungle area at Sooriyapuram.

The District Secretary Vedanayakam says the lands in Sooriyapuam jungle area are crown land and would be distributed among the displaced. Some families that lived in Menik Farm were gradually resettled in their former villages.

However, members of 110 families from Keppapilavu that were left were taken by force to Sorriyapuram jungles and were abandoned there.

The District Secretary and Army officers who had arrived at Menik Farm on 22nd September had promised them that they would be resettled in their former villages within two months.

However, they were taken to Sooriyapuram jungles at Nandikadal where there is no water or any other facilities. It is reported that they would be made to settle permanently in this jungle.

President’s daily expense over Rs.20 million

Their tragedy does not end here…. No war for ‘Land law’

Denounce open camps for the displaced masses – JVP ‘The resettlement’ is a lie

TNA Slams Govt On Broken Promises

By Mandana Ismail Abeywickrema-Sunday, October 21, 2012

The government has been accused of not honouring its commitments made to India and even the international community of fully implementing the 13th Amendment to the Constitution and build upon it to bring a meaningful devolution of power.
TNA Leader R. Sampanthan following a recent visit to New Delhi said the government is not committed to bringing about a meaningful devolution of power. He told The Sunday Leader that the TNA during its discussion with members of the Indian government had discussed the government’s move to centralize powers vested with the provincial councils under the Constitution on the central government.
The TNA had mentioned the controversial Divi Neguma Bill as a clear instance of the government’s insensitivity to the concept of devolving power to the provinces in such a manner as to fully implement the 13th Amendment.
According to Sampanthan, the government does not seem committed to build upon the 13th Amendment to bring a meaningful devolution as the government has continuously committed to do.
“The impression we get is that the commitments made by the Sri Lankan government to India and the international community is not honoured,” he said, adding that the Indian government has been continuously interacting with the Sri Lankan government to see an honourable end to the conflict. The TNA however vowed carry on the campaign against the insensitive conduct of the central government to centralize all powers in the centre.
“The government is able to do this at present because it is in control of many provinces in the country. This position need not continue for all time,” Sampanthan said.

Pistol Whipping Justice In Sri Lanka And The Truth About ‘Helping Hambantota’

By Kishali Pinto-Jayawardena -October 21, 2012

Kishali Pinto-Jayawardena

There is little doubt that the casual dismantling of Sri Lanka’s democratic institutions, as much as a pack of cards is routinely shuffled by seasoned card players, calls for deeply reflective thinking rather than shotgun reactions.

Necessity for a collective cathartic process

Indulging in outbursts of fury against the administration and predicting regime change, as if the structure of authoritarian rule that has been so carefully built post war can be destroyed in the twinkling of an eye as it were, may be personally satisfying but this is only to fool ourselves. If change does indeed take place, this needs to be happen through a solid and soberly rationalized understanding of how Sri Lanka’s crisis of democracy has come about and to a large extent, accepting that the blame is also ours. The time has come for a great collective call by Sri Lankans across religious, ethnic and societal distinctions that it is indeed ‘mea culpa, mea maxima culpa’. Indeed, this country’s purported intelligentsia needs to take this call very much to heart. It is only through this collective cathartic process that the country can be brought back to the democratic path, even if this may happen only decades down the line as seems very much the case presently.

The similes are ironic if not entirely appropriate. In 1999, when former Chief Justice Sarath Silva was appointed as the head of the judiciary by his onetime personal friend Chandrika Kumaratunga, bypassing one of Sri Lanka’s steadfastly rights friendly judges, the late Justice Mark Fernando, many were beguiled into dismissing dire warning signals for Sri Lanka’s judicial institution. Within a disastrous decade, the authority of Sri Lanka’s Supreme Court had been irretrievably undermined by a spate of judgments determined on personal or political considerations and characterized by unrestrained judicial autocracy to the extent of sentencing a lay litigant to jail for contempt of court. This unfortunate individual had persisted in citing the former Chief Justice as a respondent in an application and also resorted to talking too loudly in open court when pursing his application. Books and files were thrown at senior lawyers by the former Chief Justice, contempt of court was frequently threatened. The absurdity of it all was that these purportedly eminent counsel took the abuse lying down.

The truth about ‘Helping Hambantota’ Read More

President’s daily expense over Rs.20 million

The Presidency, the undemocratic post that is a burden to the country, has been allocated Rs. 20 million for a day from next year’s budget say reports.

According to the appropriation bill for the budget 2013 the President has been allocated a sum of Rs.7400 million which means a day’s expenditure is about Rs. 20 million.

Meanwhile, the largest allocations from next year’s budget are for ministries of Rajapaksas. This is confirmed from the manner funds have been allocated.

The President has been allocated Rs.7400 million, the Ministry of Defense has been allocated Rs.290,000 million, the Ministry of Highways Rs.131,610, Rs. 87460 million for the Ministry of Finance and Planning and Rs.88900 million for the Ministry of Economic Development. Thus, Rs. 604880 million has been allocated for ministries headed by members of Rajapaksa family. The total expenditure for 2013 is Rs.135,0000 million and compared to this nearly 45% of the allocations are for Rajapaksa family.

Indo-Lanka ties near breaking point; Moves to repeal 13th Amendment

By Our Political Editor

R Sampanthan-------------------------------------------Udaya Gammanpila, Deputy Leader of the Jathika Hela Urumaya (JHU)

= Gota, JHU push for abolition of provincial councils; TNA-Govt. dispute back to square one
= China wants to know what TNA discussed with India; KP issue comes up again
= Govt. faces major test at UNHRC meeting, US also expresses fresh concern

A deal brokered by India for the Tamil National Alliance (TNA) to engage in a dual track dialogue with the government, revealed exclusively in the Sunday Times of October 7, has run into serious problems.

One such track was to be the resumption of the bilateral talks between the Government and the TNA. The other was TNA’s participation in the proposed Parliamentary Select Committee (PSC). In a dramatic turn of events, the TNA will not make any statement declaring its willingness.

Nor will the government of India stand guarantor for what would have been the outcome of its own new attempt at rapprochement. Initiatives have broken down within weeks after they began.

This has spawned some unexpected realities. Main among them is a firm polarisation of views between the Indian and TNA leaders who visited New Delhi last week. This is on common issues related to Sri Lanka. More importantly, it has placed a greater strain on the already overstrained ties between Sri Lanka and India. Some diplomats, both Sri Lankan and Indian, fear the levels of strain are unprecedented and warn that coming events could further exacerbate the situation. They do not hide the fact that New Delhi is incensed over recent political developments in Sri Lanka.

No sooner had the TNA members returned to Colombo, they were invited by China’s Ambassador Wu Jianghao for a meeting. Even China, which is pumping in millions of dollars for development activity in Sri Lanka, remained aloof in the past. Now, it seems to have a keener and more overt interest in political developments in this country. A TNA delegation briefed the Chinese envoy on its visit to New Delhi, the on-going stalemate over the talks and even discussed Sri Lanka-China relations. According to one TNA delegation member, there were searching questions from the Chinese about their dialogue so far with the government.
The recent short-lived Indian initiative had its origin in a meeting between President Mahinda Rajapaksa and Prime Minister Manmohan Singh in New Delhi last month.

That visit itself was the subject of an involved diplomatic process. At first, Rajapaksa was invited to the Central Indian state of Madhya Pradesh by its Chief Minister Shivraj Singh. It was to lay the foundation stone for a University of Buddhist and Indic Studies in Sanchi. The central government in New Delhi had sought to only facilitate the visit and ensure the strictest security arrangements were in place. These security arrangements included almost door-to-door plainclothesmen and armed police and helicopter cover in the air.

A diplomatic question had arisen after Rajapaksa, through official channels, had expressed a wish to meet the newly elected Indian President, Pranab Mukherjee, whom he regards as a personal friend. He had wanted to congratulate him on his election to the high office. Both Rajapaksa and Mukherjee have been talking on the telephone on occasions when there was a spike in tensions between the two countries. Mukherjee, then Finance Minister and one-time External Affairs Minister in the Congress-led government, had used his good offices to present the Rajapaksa administration’s point of view.

Does he go to New Delhi in his personal capacity with no official engagements or invitations from the centre? How would he be received in New Delhi with all courtesies without an official invitation? These were among many questions that confronted both Sri Lankan and Indian officials. The issue was overcome with the Indian government extending an invitation, declaring the visit official and laying out the red carpet.

That was how Indian Premier Singh held talks with Rajapaksa on September 20 and later hosted him to a lavish banquet. During those talks Premier Singh had touched on a number of issues. They included matters relating to the anti-Sri Lanka campaign in Tamil Nadu, the Colombo government’s travel advisory warning Sri Lankans against visiting the southern Indian state (since withdrawn), the need to resume talks to evolve an acceptable political package to address Tamil issues where they could live with “self-respect and dignity” and elections in the Northern Province. Singh is learnt to have said there was a perception that the Sri Lanka government was going back on assurances it had given New Delhi.

Rajapaksa was to strongly counter some of the issues raised by Singh. He said that elections to the Eastern Provincial Councils had already been held. He had announced that elections to the Northern Provincial Council would be held before September next year. The Government was willing to resume talks with the TNA as soon as it expressed willing to serve in the proposed PSC. The only delay, he had pointed out, was on the part of the TNA. Thus emerged the broad parameters of an Indian initiative to persuade the TNA to resume both bilateral talks with the Government and at the same time serve in the PSC. India was to talk to TNA and try to persuade it to go to the negotiating table again.

“We were invited to India by their External Affairs Ministry. This was consequent to President Rajapaksa’s visit to India and talks with Premier Manmohan Singh,” TNA leader Rajavarothayam Sampanthan told the Sunday Times. He said the TNA delegation told the Indian Premier, “it is not our assessment that the Sri Lanka Government is genuinely committed to a reasonable settlement.” He said Premier Singh “seemed to appreciate our position”. Hence, Sampanthan added that no pressure was brought on his alliance. Sampanthan was to brief the Indian Prime Minister on a number of issues. He had complained that displaced people were now located in “half way homes”. He had alleged there was “military interference in civil administration” and there were problems related to the livelihood of those in the North.�(See story for questions answered by Sampanthan.)

Even whilst the high profile visit to India by TNA continued, the government in New Delhi appears to have been concerned over political developments in Sri Lanka. There were several thorny issues that were hurting the bilateral relationship more than before. One of them was the controversial Divineguma Bill, which India believes, takes away subjects now under the Provincial Councils (PCs). These powers were vested with the PCs in terms of the 13th Amendment to the Constitution. This amendment became part of Sri Lanka’s Constitution after India played a key facilitator role. It came in the years that followed the ethnic violence in July 1983.

Human Rights Watch Blames Russia, China Over Sri Lanka

New York based Human Rights Watch blamed Russia and China over the failure by the UN Security Council to refer the situation in Sri Lanka during the war to the International Criminal Court (ICC).

October 21, 2012

Richard Dicker

“While war raged in Sri Lanka, Russia and China’s strong support of the government in Colombo thwarted almost all efforts to even discuss the known horrors committed during the war by both sides,” International Justice Director at HRW Richard Dicker told The Sunday Leader.

“Against this backdrop, referral to the ICC remained a dim hope.”

Meanwhile the government says it advocates negotiations, mediation and other peaceful means to settle internal and global disputes.

Sri Lanka’s Permanent Representative to the UN in New York Dr. Palith Kohona said that countries must be allowed to create their own local mechanisms to consolidate peace, encourage reconciliation and strengthen democratic institutions.

He was speaking during a full day debate at the UN on the Security Council on the International Criminal Court (ICC), Kohona’s office said.
Kohona said that the rule of law must be understood in the context of individual rights, as well as in ensuring the progress of individuals and societies, particularly with the right to development.

“The United Nations could play a crucial, helpful role in domestic compliance with treaty obligations by helping States build capacity. Close cooperation in applying laws nationally, regionally and internationally was vital to address the growing problem of transnational organized crime and terrorism, which threatened global peace and good order.” he said.

Confronting those challenges, Kohona said required close cooperation and capacity-building nationally and regionally, including enforcement by the law.
“Unilateral and selective application of international law rules must be avoided. Sri Lanka had always advocated the settlement of internal and global dispute through negotiation, mediation and other peaceful means. Countries must be allowed to create their own local mechanisms to consolidate peace, encourage reconciliation and strengthen democratic institutions. They must have the much-needed space to begin that restorative process. In such situations, the Organization could address the gaps, taking into account local sensitivities,” he said.

*By Easwaran Rutnam – Courtesy The Sunday Leader

Rift between judiciary and MaRa deepens: corrupt unsuitable individual as appeal court judge –CJ not consulted

(Lanka-e-News -21.Oct.2012

Since the rift between the Judiciary and the MaRa regime is deepening , Regime chief is seeking to appoint an appeal court judge who has no suitability for that post without consulting the Chief Justice , according to reports reaching Lanka e news.. It is mandatory to consult the chief justice and his/ her consent is obtained when appointing a judge to the Appeal court . Such a consultation had not been made because of the prevailing dispute between the Judiciary and the Executive.

It is P W D Chandra Jaytileke , a present High court judge who is to be appointed as the Appeal court judge amidst controversy. Justice Chandra is a relative of President’s Secretary Weeratunge. To fill the existing vacancy in the appeal court ,the Chief Justice has recommended duly Ms. Malini Gunaratne the most senior judge in the High court now. The judge P W D Chandra Jayatileke propelled by MaRa for this post is right down in the seniority list at 51st position meaning that there are 50 others above him in the seniority list. Chandra has only 3 more months to go on retirement , but if he is appointed as appeal court judge he can have the benefit of extending his service for three more years.
Might we recall that Judge Chandra was the Secretary to the Judicial service Commission during the dark era of Sarath N Silva when he was the chief justice. Chandra is also notorious as a most corrupt JSC secretary. He had earned the discredit of arranging transfers and promotions of judges after taking bribes in cash and other forms of gratification to satiate his sex starvation. Due to these evil propensities , he was chased out from his post as JSC Secretary after Asoka De Silva became the chief justice. Later , owing to his relationship with President’s secretary Weeratunge , he was appointed as secretary to the Post and telecom regulatory Ministry. Subsequently he was appointed as secretary to the Ministry of Buddha Sasana.

Thereafter , he was again appointed as a High court judge , at the lowest rung in the seniority . This incompetent unsuitable corrupt judge Chandra Jayatileke has sworn before MaRa as a new appeal court judge on yesterday

KP, the chief minister for North PC?

War Crimes in Sri Lanka-genocide

Chennai court rejected the petition of Minister Devananda

and ordered for personal appearances

KP, the chief minister for North PC?

It is revealed that the government is planning to make Kumaran Pathmanathan alias KP the chief minister for Northern Provincial Council for which the elections will be held next year.

KP has already got himself involved in politics in the North with the courtesy of the government. According to a very reliable source KP has been made to get involved in politics in the North to get him nominated as the chief minister for the Northern PC.

KP, the chief arms procurer for the LTTE, has been released by the government of Sri Lanka without any charges. The government, also through various individuals, stated that there was no reason to charge KP.

With the mediation of the government he took over the residence of Thamilselvan, the former head of the political wing of the LTTE and now security in the area has been tightened and the general public is not allowed to go to that area.

WikiLeaks: Influencing Rajapaksa ‘Requires Psychology’ Akashi Emphasised

By Colombo Telegraph -October 21, 2012

“Since Norway preferred not to deliver the private messages to the Sri Lankan government to preserve its facilitator role, participants accepted that ambassadors in Colombo should meet with Rajapaksa separately. Participants rejected an EU suggestion for high-level visits by Co-Chair officials from capitals. German Ambassador to Sri Lanka Weerth raised concern that these visits are often “spun” by the government to imply international support for its actions. Ambassador Blake disagreed, stating Boucher’s last visit led to positive results. Akashi seconded this view, but emphasized that influencing Rajapaksa ‘requires psychology,’ as his southern constituency is nationalistic and irritated by what it perceives as outside interference.” the US Embassy Oslo informed Washington.

A Leaked “CONFIDENTIAL” US diplomatic cable, dated July 24, 2007, recounts the details of a meeting the representatives of the Sri Lanka Co-Chairs (United States, European Union, Japan, and Norway) had in Oslo on June 29,2007 to discuss the developments in Sri Lanka.The Colombo Telegraph found the related leaked cable from the WikiLeaks database which is classified by DCM Kevin M. Johnson.

Placing a comment the US Embassy Oslo wrote “the The Oslo meetings offered a good opportunity to exchange views on current strategy and dispel the rumors that Co-Chair unity is fragmenting. While participants agreed that there is little to no progress to report since the Co-Chairs met in Washington in November, there was also a sense that the rising economic consequences of the conflict, the Tigers, stronger than expected showing in recent engagements in the north and east, are for the first time exerting political pressures on President Rajapaksa from his southern base to give peace a chance and address the human rights problem. Participants also agreed that the Co-Chairs continue to have an important role and must press forward in their efforts to encourage a credible All Parties outcome, greater progress on human rights, and greater humanitarian access in the north and east.”

Falklands war general arrested for crimes against humanity

Telegraph

By Jonathan Gilbert-18 Oct 2012
Mario Benjamin Menendez speaks before troops in April 1982. He has long been accused of overseeing the maltreatment of Argentine conscripts during the conflict Photo: Eduardo Farre/EPA

Mario Menéndez, the army general who led and surrendered Argentine troops in the Falklands War, has been arrested for his alleged role in crimes against humanity perpetrated by the 1976-83 military dictat

Mr Menéndez, military governor of the Falklands during the conflict, was detained on Wednesday night at his home in Buenos Aires.

He will be transferred from a jail in the capital to the northern province of Tucumán, where the crimes took place, the Ministry of Security said.

Mr Menéndez, 82, was arrested together with 15 other people for their suspected participation in 'Operation Independence', one of the first operations of the dictatorship's 'Dirty War' against left-wing subversion.

An estimated 30,000 people were 'disappeared' – kidnapped and murdered – by the regime.

Mr Menéndez is expected to be put on the stand in a trial next month that will seek to bring to justice those involved in 'Operation Independence'.

The operation, which began in 1975, crushed an insurgency of guerrillas, utilising detention centres and torture to kill an estimated 700 people.

Similar trials have taken place across Argentina during the presidencies of Cristina Kirchner and her late husband and predecessor Néstor, who overturned impunity laws introduced by previous governments.

In July, former dictators Jorge Videla and Reynaldo Bignone, already serving lifetime sentences for human rights abuses, were found guilty ofoverseeing the systematic kidnapping of babies from activists.

Mr Menéndez surrendered Argentine troops in the Falklands in June 1982, despite having received contradictory orders from Leopoldo Galtieri, head of the military junta.

He has long been accused of overseeing the maltreatment of Argentine conscripts during the 74-day conflict, though no case has ever been brought against him.

Many soldiers have told of how they were beaten, starved and humiliated by their superiors.

Mr Menéndez's cousin, former army Colonel José María Menéndez, was also arrested.

Saturday, October 20, 2012

The Mad March Of The Ravening Megalomaniacs

By Tisaranee Gunasekara -October 20, 2012

“If you want a picture of the future, imagine a boot stamping on a human face – forever”. Orwell (Nineteen Eighty-Four)

We know him as Kumaran Pathmanathan alias ‘KP’. The Interpol knows him as Shanmugam Kumaran Tharmalingam. He is on the Interpol’s wanted list for a variety of crimes starting with terrorism. Unsurprisingly; for decades he was a senior Tiger leader, a trusted confidant of Vellupillai Pirapaharan and the LTTE’s chief arms-procurer.

In a lawful land, when it came to charging ‘KP’, the problem would have been not where to start, but where to stop. But in Rajapaksa Sri Lanka, the AG’s Department under Presidential control cannot charge ‘KP’ with even the most miniscule crime because “there was no evidence or complaints” against him (Daily Mirror – 17.10.2012). So while lesser Tigers fester in jail, Vellupillai Pirapaharan’s hand-picked successor is a free man, “involved in the development drive being carried out in the North and East” (ibid).

Thus ‘KP’, the former Tiger chieftain, joins the illustrious company of Minister Mervyn Silva and son, Parliamentarian Duminda Silva, Minister Rishad Bathiudeen and Air Lanka Chairman and Presidential brother-in-law, Nishantha Wickremesinghe – men whom the law cannot touch because they belong to the charmed circle of Rajapaksa kith- and-kin. ‘KP’ is now protected with Rajapaksa-Teflon and not even the Interpol will be able lay a fingertip on him (if the Interpol tries, we will howl about ‘sovereignty’ and ‘imperialism’).

The government which persecuted General Fonseka and Senior Journalist Tissanayagam, the government which has appointed a cabinet committee to investigate the Secretary to the Judicial Service CommissionManjula Tilakaratne (even as his assailants roam free), the government which illegally incarcerated almost 300,000 civilian Tamils, including children, in open prison camps to catch a few hundred Tigers, cannot find even an iota of evidence against ‘KP’ who for decades kept the LTTE plentifully supplied with weapons of destruction.

In a lawful land this would be considered rank, obscene injustice. Under Rajapaksa rule, this is the only justice possible.
The happy fate of KP is a morality tale about Rajapaksa law: the Rajapaksa kith- and-kin can never be guilty of any crime while Rajapaksa opponents have to be guilty of some crime. (Just as Rajapaksa-economics dictate that a country too poor to spend much on education or health is rich enough to buy a satellite and inaugurate a space programme; and Rajapaksa-governance rules that only brevet colonels can become effective school principals).
Today Rajapaksa law is predominant. Fortunately, the normal law, though under siege, still retains some life, some capacity to alleviate injustice.

Are we going to allow the law of the Rajapaksas to pulverise the Rule of Law? Do we not comprehend the dangers inherent in allowing the judiciary to become the handmaiden of Rajapaksa Rule?

‘Power is God’

The Divi Neguma Bill is about Rajapaksa power. Its primary aim is neither development nor poverty alleviation, but the further expansion of Brother Basil’s extensive economic empire.

The 13th Amendment is one of the few really existing impediments to this manic power-grab. If the Divi Neguma Bill, which plans to give Basil Rajapaksa absolute control over a huge chunk of national wealth, fails, it will be thanks to the democratising potential of the 13th Amendment. Without the 13th Amendment, even the most independent judiciary would have found it difficult to legally impede the march of the megalomaniacs. That is why the regime has set its sights on the 13th Amendment.

Joachim Fest argues that Adolf Hitler’s absolutist project succeeded so well partly because “everything he did, including his surprised lunges for power and arbitrary acts, was planned in such a way that at least part of the population would have good reason to feel thankful to him” (Plotting Hitler’s Death). Vellupillai Pirapaharan made excellent use of Tamil nationalism and Tamil pride to win support for his horrendous dystopia.

The Rajapaksas too excel at conjuring attractive mantles to hide their frightening aims and dangerous objectives. Thus patriotism is being used to justify the opposition to the 13th Amendment. Last month an officer who contributed significantly to the anti-Tiger cause was thrown to the wolves to save a ministerial offspring. Last week ‘KP’ was set free. The anomalies are glaringly obvious; but the Siblings know – as Herr Hitler and Mr. Pirapaharan did – that enough people can be deceived all the time, if you rave against international conspiracies, wave the flag and do the patriotic-dance, with convincing frenzy.

Gotabaya Rajapaksa compares the 13th Amendment with the Norwegian sponsored and Tiger-appeasing Ceasefire Agreement (CFA): “the 13th Amendment and the CFA didn’t serve the people of Sri Lanka. Instead they facilitated interests of various other parties including the LTTE. Interestingly both supported the separatist cause” (The Island – 14.10.2012). The logical and the factual fallacies of this statement are mind-boggling. The aim of the 13th Amendment was to find a political solution to the ethnic problem by ensuring for the Tamil people a modicum of devolution. It did not promote separatism; on the contrary it enabled many former Eelamists to support the Lankan state by demonstrating the possibility of a peaceful and democratic path to win Tamil rights. The Tigers opposed the 13th Amendment as viscerally as Sinhala supremacists do because it indicated, however faintly, the possibility of a Lankan future.

The CFA on the other hand was aimed at appeasing the LTTE to the hilt. The Tigers turned the North-East into a de facto Eelam, thanks to the space, opportunities and powers provided by the CFA. That is why Vellupillai Pirapaharan regarded the CFA as a trap with a lot of use-value while he abominated the Indo-Lanka Accord and the 13th Amendment wholeheartedly, as dangerous betrayals.

The 17th Amendment was an entirely indigenous product. It had nothing to do with India, Norway or any Western power. Its sole aim was to democratise the polity by making the political playing-field a little less unbalanced. But Rajapaksas killed it because it impeded their unyielding quest for even greater power.
Patriotism is just a cover to fool the Sinhala South. Rajapaksa-power, Rajapaksa-glory and Rajapaksa-safety are the sole concerns of the Rajapaksas.

The Siblings are trying to create a majority-minority, Sinhala-Tamil/Muslim, anti-devolution-pro-devolution gap to facilitate their power-grab. Gotabaya Rajapaksa’s definition of the 13th Amendment as an anti-national, pro-separatist piece of legislation is a case in point. That false equation will not only enable the regime to label as traitors anyone who supports/defends the 13th Amendment; it will also be helpful in discouraging civil society from standing foursquare behind the judiciary in its current efforts to resist the rampaging executive.

Power is the Rajapaksa God and the Divi Neguma Bill is the latest instalment in their serial power-grab. Its current difficulties demonstrate the use-value of the 13th Amendment and its democratic indispensability as the last constitutional bastion against Rajapaksa absolutism.
That is why the Siblings want it out.

The debate over the desirability and viability of devolution must await a post-Rajapaksa future. That politico-ideological-intellectual exercise is a task for a happier tomorrow. So long as the Rajapaksas rule, even those who oppose devolution (and Tamil rights) must defend the 13th Amendment unequivocally, if they want to save some democracy and justice for the Sinhalese.