Tuesday, December 4, 2012

Canadians quickly losing faith in their democracy, survey suggests

Dec. 03 2012

Canadians’ satisfaction with democracy has dipped to a new low, research suggests, with many people pegging the problem on weak performance by their federal MPs.

About 55 per cent of Canadians say they are satisfied with democracy in the country, according to a new research paper by Samara, a not-for-profit organization aimed at improving political participation. That’s down 20 points from 2004, when similar research suggested about 75 per cent of Canadians were satisfied with their democracy.

“We’ve known for a long time that there is declining trust and satisfaction with democracy,” said Alison Loat, Samara’s executive director. “But to see such a large decline in a short period of time was a surprise to us.”

Samara published the findings in a paper called “Who’s the Boss?” which it released Monday morning. It’s part of a series of reports the organization is writing to analyze the results of a wide-ranging democratic engagement survey it conducted earlier this year.

Monday’s report suggests that only 36 per cent of Canadians are satisfied with the way elected officials do their jobs. Asked to assess Parliamentarians’ performance in several categories, respondents said MPs do a relatively good job of representing the views of their political parties, giving them a score of 61 per cent. But Canadians panned MPs’ performances when it came to holding the government to account and representing the views of their constituents, with scores of 45 per cent and 46 per cent respectively. They also gave MPs a score of 44 per cent in managing individual constituents’ concerns.

“I think there’s a bit of a sense, at least among the public, that perhaps MPs are representing their political party at the expense of their ability to represent constituents,” Ms. Loat said.

Ms. Loat said her organization conducted a series of “exit interviews” with former MPs of all political orientations and found that many of them felt their party was a constraint to their ability to represent their constituents.

NDP MP Craig Scott, who gained his seat earlier this year in Toronto-Danforth’s by-election, said he believes most people enter politics “for a good and noble reasons.” But he suggested that some Conservative MPs have become “cogs” in their party’s machine, diminishing the level of debate in the House of Commons by evading opposition questions in favour of the party’s talking points.

But Conservative MP Tim Uppal, minister of state for democratic reform, said his party and his constituents often share the same interests – and he doesn’t see an inherent conflict between the two. “It’s incumbent upon politicians to make the case to their constituents that the work that they’re doing is important,” he said. “I feel, in my riding, I can at the same time represent the views of my constituents and the views of my party.”

The Samara report points out that political parties play an important role in Canadians’ understanding of politics. Former Liberal leader Stéphane Dion, who is now his party’s critic for democratic reform, said that’s a good thing because it helps voters get a sense of a candidate’s political orientation before they cast their ballot.

But framing the debate in terms of how well an MP represents either his party or his constituents misses the mark, he said. “I know why people are voting for me. It’s because they expect me to work hard for Canada,” Mr. Dion said. “Yes, they want me to take care of their interests ... they [also] expect me to help them be proud of their country.”

The online survey of 2287 adults, conducted for Samara in the spring of 2012, is expected to accurately reflect the views of Canadian residents within 3.1 percentage points, 19 times out of 20.

India gifts 175 boats and fishing equipment to Sri Lanka IDPs

Dec 03, Mannar: India under a grant assistance to Sri Lanka has donated 175 boats and fishing equipment worth 71 million rupees to the Internally Displaced Personas (IDPs) in Mannar in Northern Province.
The High Commissioner of India Ashok K. Kantha visited Mannar District in the Northern Province on Sunday (December 02) and handed over 175 boats with one outboard motor each and twelve fishing nets to 350 beneficiaries.

The boats were handed over to the northern fishermen in the presence of Minister of Fisheries and Aquatic Resources Dr. Rajitha Senaratne, and Minister of Industries and Commerce Rishad Bathiyutheen.

In his remarks, the High Commissioner highlighted that India's assistance to the Sri Lankan people has evolved taking into account the immediate needs and requirements as articulated by the Sri Lankan government.
India's assistance, which focused on emergency relief assistance towards the end of the armed conflict and in its immediate aftermath, has gradually focused on the resettlement of the Internally Displaced Persons (IDPs).
India is also working on a project to strengthen the existing fishnet factory at Gurunagar, Jaffna by supplying equipment at a cost of 152 million rupees, which would result in substantial employment generation.
The subsequent requirements of re-construction are being addressed through the flagship Indian housing project, the Northern Railway reconstruction project and other infrastructural development initiatives. In parallel, several small development projects have been implemented to promote livelihood generation activities and the gifting of 175 fishing boats is a part of efforts to rejuvenate the economy of the Northern Province.
Minister of Fisheries and Aquatic Resources, Dr. Rajitha Senaratne, pointed out that the hallmark of Indian assistance was that all her support to Sri Lanka has come in the form of grant assistance. He thanked the Government of India for implementing several livelihood projects, including the grand housing project involving construction of 50,000 houses for Internally Displaced Persons (IDPs).
Rishad Bathiyutheen, Minister of Industries and Commerce, also thanked India for the continuous support extended to implement a variety of projects aimed at resettlement of the IDPs in the conflict-affected areas and restoration of their livelihoods.
The handing over ceremony was also graced by Governor of Northern Province G.A. Chandrasiri, MP Hunais Farook, Musali Pradesiya Sabha Chairman W.M.Ehiyan, and several other senior officials.

Sri Lanka Navy arrests 37 Indian fishermen

COLOMBO, DEC 3:-PTI

About 37 Indian fishermen were arrested and five boats seized by the Sri Lanka Navy today for allegedly entering its territorial waters.

Naval spokesman Kosala Warnakulasuriya said that the arrest was made at 5.00 a.m. local time today off the eastern coast of Pulmoddai.

Warnakulasuriya said they were being brought to the eastern port of Trincomalee. They would thereafter be handed over to the police for further investigations.

Wimal says Sri Lanka faced Pakistan style destabilization project

By Shamindra Ferdinando-December 3, 2012,

National Freedom Front (NFF) leader Minister Wimal Weerawansa says that Sri Lanka is faced with a situation similar to that in Pakistan, where political stability had been threatened due to a damaging conflict between the government and the judiciary.

Minister Weerawansa alleged that Western powers had caused rifts between the executive and the judiciary and the parliament and the judiciary hence causing political turmoil in Pakistan.

Addressing a public meeting in Ampara on Saturday (01), Weerawansa alleged that that the US had manipulated the Supreme Court of Pakistan to destabilize that country.

Weerawansa said that the Western powers had not felt the need to politically destabilize the country previously as it was in dire straits due to war with the LTTE. They have now adopted a different strategy to undermine post-war Sri Lanka, the minister said, alleging that all those who couldn’t stomach armed forces’ victory ganged up against the country.

The minister emphasized the need on the part of the government to be vigilant or face the consequences. Those bent on subverting the country were taking orders from New York and London, he said.

Commenting on the recent UN internal inquiry on the conduct of its mission in Sri Lanka during the eelam war IV, the minister said that the government expected a major Western attack at the forthcoming 20th sessions of the United Nations Human Rights Commission (UNHRC) in Geneva.

He said that the UN internal inquiry could be used to justify unsubstantiated allegations made by UNSG Ban Ki moon’s Panel of Experts (PoE). The UN was going to the extent of discrediting its mission in Colombo in a bid to make a case against Sri Lanka at the UNHRC, the minister said.

Sri Lankan judiciary wants impartial inquiry of chief justice

By Shihar Aneez and Ranga Sirilal-COLOMBO | Mon Dec 3, 2012

(Reuters) - Sri Lanka's judges on Monday demanded an impartial inquiry into charges against the chief justice that have created a standoff between the judiciary and President Mahinda Rajapaksa's government.

The government and the supreme court have been on a collision course since the president's ruling party filed an impeachment motion against Shirani Bandaranayake, Sri Lanka's first female head of the Supreme Court, on November 6.

The government complained that she had been overstepping her authority but Bandaranayake's supporters complained of political interference.

Parliament Speaker Chamal Rajapaksa, the elder brother of the president, has appointed an 11-member select committee, of which seven are from the ruling party, to investigate the impeachment charges.

More than 300 judges meeting in the capital Colombo issued a statement rejecting the panel, saying: "The impeachment against the Chief Justice should be impartial and transparent."

"Conducting an inquiry by the parties who brought the impeachment allegations is a blatant violation of the natural justice. We reiterate that nowhere in the world those who make allegations will hear their own case," the statement added.

On Thursday, the parliament speaker rejected a Supreme Court summons challenging the legality of the impeachment move and the composition of the select committee. The Supreme Court rescheduled the hearing to December 13 and 14.

The judges also said they were concerned about what they described as defamatory media statements being made about the chief justice and the judiciary.

"We urge that all defamatory media statements against the Chief Justice and the judiciary should be stopped. We request to consider the grave damage that could be caused to the rule of law in the country due to such statements."

The United States, the United Nations and the Commonwealth have raised concern over the impeachment move and have called on the government to ensure the independence of the judiciary.

Bandaranayake recently came under criticism from government supporters for ruling against a bid by the central government to take control of an 80 billion rupees ($614.20 million)development budget, saying it had to be approved by nine provincial councils.

The ruling irked the government and its backers, some of whom accused the judiciary of overstepping its authority.

(Writing by Shihar Aneez; Editing by Michael Roddy)

VICEO: CJ LEAVES FOR ROUND TWO OF IMPEACHMENT HEARING...

December 4, 2012

VICEO: CJ leaves for round two of impeachment hearing...

The Parliamentary Select Committee appointed to look into impeachment charges against the Chief Justice convened for the second time this morning (December 4). The pictures depict Chief Justice Shirani Bandaranayake leaving the Supreme Court premises this morning to appear before the Parliamentary Select Committee. (Pics by Sanjeewa Lasantha)

SRI LANKA: From a farce to witch hunt

December 4, 2012

The impeachment of the Chief Justice which was staged as a farce has now turned into a blatant witch hunt where the government is shamelessly mobilising taxi drivers and other mobs to call for the resignation of the Chief Justice.

Today was declared by the lawyers a day of protest against the impeachment process which is ignoring the request by the Supreme Court to delay the proceedings until it inquiries into a constitutional question referred to it by the Court of Appeal requesting legal opinion. Meanwhile, local and international pressure has also widened and the government has been told in very clear terms that any impeachment must be preceded by a genuine inquiry by a competent and impartial tribunal. The government is also being told that aninquiry by a Parliamentary Select Committee would not meet this requirement. However, the government is blatantly ignoring the criticism against the manner in which it is proceeding and has begun to resort to street tactics in dealing with this all-important constitutional question.

Today, while lawyers, religious dignitaries and others gathered to show their solidarity with the Chief Justice and protest against the blatant violations of the constitution by the government, the government has responded by bussing in people to shout slogans against the Chief Justice. According to reports about 500 Special Task Force (STF) personnel were sent to the premises of the Superior Court Complex. The STF is a paramilitary unit working under the direction of the Ministry of Defence. The task of peace keeping belongs to the civilian police and not the paramilitary groups such as the STF.

Yesterday (December 3) the judges of the lower courts, that is the Magistrate's Courts to the High Courts, gathered at the official residence of the Chief Justice and held a two-hour consultation with her and declared their support. It is clear from the statement of the judges that they perceive the impeachment as an attack on the independence of the judiciary. In the joint statement of the judges they stated that the impeachment proceedings are being conducted in violation of the respect owed to the Chief Justice and the judiciary. They also pointed out the unbecoming behaviour of the media. They stated that such behaviour of the media amounts to contempt for the court. By such contemptuous expression, not only is the Chief Justice being brought into disrepute but it also affects the respect for the courts and thereby contributes to the collapse of the rule of law. They also stated that the inquiry against the Chief Justice should be done impartially and with transparency. They went on to state that the inquiry by a body that includes seven persons from the government violates natural law and blatantly violates all legal considerations and that nowhere in the world would decisions on such matters be made in this manner.

Thus, what is now taking place is a clear confrontation between the judiciary as a whole and the government. On the one hand the Supreme Court has granted leave to proceed in several cases and fixed inquiry into the cases referred to it by the Court of Appeal. On the other hand all the lawyers of the lower courts have gathered and clearly indicated that they have begun to perceive the threat to the independence of the judiciary.

Under these circumstances any government would have heeded public opinion and take appropriate action in order to ensure that whatever action is taken is within the law and would in no circumstances infringe the basic guarantees of the independence of the judiciary. Such a rational reaction was to be expected as the matter involved is of the utmost seriousness and the attention of the whole nation is now focused on this issue. Besides, the international community is clearly watching and the matter at stake is of the most sensitive nature in terms of international relationships.

However, the way in which the government is reacting does not show much regard for these important considerations and instead seems to rely entirely on muscle power in determining the outcome of this most important constitutional issue.

This does not come as a surprise as the government has drifted from a democratic form of governance to the governance of a shadow state. This shadow state relies more on the security apparatus that is the paramilitary forces, intelligence services and the military rather than the democratic institutions. In fact, the democratic institutions have ceased to function independently and are controlled by the presidential secretariat.

Everything else other than the presidential secretariat and the Ministry of Defence seems to have become irrelevant. Naturally the security apparatus in all critical moments brings in mobs and criminal elements to counteract people who express their democratic aspirations by way of peaceful demonstrations.

For this shadow state the independence of the judiciary is an obstacle. The shadow state requires the kind of 'judiciary' which will merely carry out its orders. Legality and constitutionality are matters that have no relevance to the functioning of this shadow state.

Under these circumstances the government is now engaged in a witch hunt against the Chief Justice as well as all the judges who demonstrate any attachment to the independence of the judiciary. This witch hunt will also extend to all independent lawyers. As we have pointed out in the past the rule of law is now rapidly being displaced by direct government control without regard to the law.

CJ Asked For An Open Public Trial – Refused, Asked For Observers – Refused

By Colombo Telegraph -December 4, 2012

Chief Justice has asked for an open public trial. The application was refused. Then asked for observers including Bar Association of Sri Lanka. This was also refused. Thus the inquiry would be held in camera, the Colombo Telegraph reliably learnt.

Chief Justice objected to Wimal Weerawansa MP and Dr. Rajitha Seneratne MP from participating as members of the PSC on the ground of bias.(There were several cases where CJ has given orders affecting these MPs/their family members). Order on this is postponed for Thursday (6th December) afternoon 2.30 pm. On that day, they will also consider whether further time would be given to the CJ for explanations.

No procedures for inquiry have been adopted. No lists of documents or witnesess have been given. The PSC is to meet without the CJ on 5th, tomorrow at 10.00 am.

CJ challenges government

TUESDAY, 04 DECEMBER 2012

Chief Justice Dr. Shirani Bandaranayake has challenged the government.

She has asked the government to prove the allegations brought against her in the impeachment motion and if the government is able to prove even one of the allegations she would resign from her post.

The Chief Justice has made this challenge at the meeting she held with judges who had come from all over the island yesterday (3rd).

Hulftsdorp Today: GSL Transported Hundreds Of Thugs, Chief Justice Followed A Different Route

By Colombo Telegraph -December 4, 2012

Here are the highlights of what took place today with regard to the impeachment motion against the Chief Justice;

The government has transported hundreds of thugs and supporters to Hulftsdorp in the early hours. Several banners had been put up stating that the judiciary is dividing the country etc. A huge police team (approximately 500) together with military were present. Road barriers were kept ready. Several high ranking police officers including DIGs were present and they were obviously supporting the groups that were transported. These unruly groups were obviously getting ready to hoot and throw stones. But it failed because the Chief Justice followed a different route.

Media was not permitted to enter the court complex. This was solved with the intervention of the lawyers. Lawyers have found that there were specific orders not to permit foreign media to enter the courts to cover the CJ’s coming out of the courts.

CJ appeared from the main door with 210 judges around 9.20 am and then moved into the lawyers section. There were approximately 800-1000 lawyers (from all provinces) assembled in the courts to wish her. Trade Union leaders were also seen. The civil society people who were present outside the court were asked to move by the police who were in fact protecting the government protesters (who were carrying boards distributed by an unidentified group).

She was given blessings by Ven, Maduluwawe Sobhitha and Fr. Sarath Iddamalgoda and a large number of religious dignitories were present. Initially, police had prevented the Buddhist monks entering the Courts.

Sathyagraha was conducted after CJ left and continued for about one hour. Lawyers also observed that outside the courts several pro government groups were distributed money. All moves to enter into a confrontation with the lawyers by the pro government groups were averted by lawyers.

Near the parliament- another set of pro government groups were ready to hoot and ridicule the CJ.

PSC sitting is continuing in the afternoon.

Non aggressive dissent shown against the degrading treatment meted out to the Judiciary by MR regime before the Supreme Court by Attorney-at-Law & Solicitor Nagananda Kodituwakku

Govt. urges action against Wijeyadasa

TUESDAY, 04 DECEMBER 2012

The Government today asked Speaker Chamal Rajapaksa to take action against UNP MP Wijeyadasa Rajapakshe for his involvement in legally challenging the parliamentary process to impeach Chief Justice Shirani Bandaranayake.

The Speaker said he would examine the matter and take appropriate action.

Deputy Health Minister Lalith Dissanayake, raising a point of order referred to the Speaker’s ruling that court proceedings had no binding on Parliament and asked about Mr. Rajapakshe’s involvement in the judicial process against the Parliamentary Select Committee (PSC).

“I do not know how Mr. Rajapakshe as a member representing this august assembly has legally challenged this process. He has done it despite the Speaker’s ruling. It is true that he is the President of the Bar Association. But, he cannot do so as an MP,” Mr. Dissanayake said.

However Opposition Leader Ranil Wickremesinghe argued that in this instance Mr. Rakapakshe had acted as the President of the Bar Association and not as a legislator.(KB & YP)

Pictures: Sharing Benefit Of The Protest Against Chief Justice

By Colombo Telegraph -December 4, 2012

A trusted Colombo Telegraph reader has sent the pictures and the descriptions below;

These are few pictures we could capture of the protesters who came to protest against the Chief Justice on 04.12.2012 near the Colombo Courts.

Picture No 1 where you can see a young man in a red shirt and a white hat, he was distributing to the other so called protesters I believe Rs. 500/- each after the protest you can still see 500 rupee notes in his hand. he also has what looks like a rubber band which he would have used to keep the money bundle in place. In his left trouser pocket there seems to be a half a bottle of liquor. He leaves behind two women, one in a blue and white top and the other wearing a red top who are counting the money.

Protest against CJ (Photo courtesy Daily Mirror)

Picture No’s 2 – 4 these pictures depict the aforesaid two women still counting and/or sorting out their share of the benefit of the protest.

CJ ARRIVES IN PARLIAMENT; PSC HEARING TO BEGIN

December 4, 2012

CJ arrives in parliament; PSC hearing to begin

Chief Justice Shirani Bandaranayake arrived in Parliament a short while ago to appear before the Parliamentary Select Committee, an Ada Derana reported stated. Meanwhile, the parliament road has been closed due to large crowds gathering in the area.

The Parliamentary Select Committee appointed to look into impeachment charges against the Chief Justice will convene for the second time this morning (December 4) at 10am.

Minister Anura Priyadharshana Yapa will chair the proceedings as the Chief Justice will be expected to appear before the committee.

The Chief Justice earlier denied financial wrongdoing alleged in an impeachment brought by the ruling party, vowing to remain in office and defend her innocence.

Bandaranayake, through her lawyers, told news organisations the charges in an impeachment motion filed in parliament was false and insisted there was no financial impropriety on her part. “Our client totally denies the other allegations and can easily refute them,” said the law firm Neelakandan and Neelakandan in letters sent to media outlets in Colombo.

Lawmakers from President Mahinda Rajapakse’s party had said they wanted Bandaranayake, 54, to step aside until the conclusion of an impeachment hearing, which could take months, but the chief justice made it clear she would not bow out. “Our client will, as always, continue to duly and properly discharge her duties without fear or favour (and) she will do so, independently, impartially and fearlessly in accordance with the law,” the firm said in a two-page letter.

“She has plunged the entire Supreme Court and specially the office of the Chief Justice into disrepute,” said the motion, printed in the parliamentary agenda and signed by 117 ruling party lawmakers.

Among the accusations is a charge she had nine bank accounts that were not revealed in her asset declaration upon taking office in May 2011. She is also accused of failing to declare around $250,000 in foreign currency. Bandaranayake insisted she maintained only one bank account with a few “non-operative accounts with a zero balance”. She also denied she had a remittance of $250,000 in her account as

Monday, December 3, 2012

98% attendance at historic judges meeting ! – resolution passed by one vote to oppose Govt.

(Lanka-e-News-

03.Dec.2012, 11.50PM) The judges all Island who met today had adopted the resolution by one vote to express their opposition to the dictatorial Rajapakse rule which is via the impeachment motion defying natural justice and exploiting the State media to malign , publish falsehoods and denigrate the Judiciary .

The resolution stated that it must be deemed that the deplorable actions of the regime as not only directed against the Chief justice (CJ) Dr. Shiranee Bandaranayake but as generally against the entire judicial sphere , and all must act against it with unity. It was noteworthy that all the resolutions were adopted by a single vote.

This meeting of the judges all Island held under the leadership of the CJ recorded a 98 % attendance . Of about 300 judges Islandwide , over 270 participated in the conference. Only the judge Thassim who sent illicit SMS messages of threats yesterday and a few others were absent.

The judges also decided that they shall not reveal to the media what measures they are going to take , and that those should be demonstrated action wise. In all probability the judges are to participate in the protest tomorrow without attending courts. In this historic meeting of the judges, as many as 30 judges addressing the meeting was a special feature. The meeting which began at about 3.00 in the afternoon lasted until 5.30 p.m.

While the massive protest by a majority of the judges Island wide already scheduled for the 4th of December against the despotic rule of MaRa which threw even the SC directive into the bin , and is at the threshold of a dictatorship , the Judges Association convened a meeting today (3) at 3.00 p.m. in Colombo.

Military personal involved in sexual abuse sentenced

[ Monday, 03 December 2012, 12:20.45 PM GMT +05:30 ]

Former military soldier sexually abused a young girl sentenced for ten years by the North Central Provincial Council high court judge Susantha Kumara Ratnayake today.

Court ordered to pay Rs.1 million compensation for the victim.
Attorney General Department filed case against the suspect at the Anuradhapura high courts.