India wants Colombo to cut levy on automobile import

Duties were recently increased by almost 100 per cent

NEW DELHI, December 11, 2012
Of the total $6 b automobile exports from India last year, $800 m were to Sri Lanka. File Photo: S.R. Raghunathan

Clearly unhappy over the decision of the Sri Lankan Government to impose fresh import duty on automobile exports from India, the Government, on Monday, indicated that it would explore the option through diplomatic channels to prevail upon Sri Lanka to bring down the import tariff as such a move could hit Indian vehicle exports to the Island nation.

“India is mulling various options to deal with the situation. One of the options is to approach purely diplomatically, and request the Sri Lankan Government because it is a win-win situation if they cut down the tariff,” Additional Secretary in the Commerce Ministry, Rajeev Kher told reporters on the sidelines of a FICCI function here.

The move by Sri Lanka is likely to hurt exports from India and has put the automobile industry in a quandary as Sri Lanka is very important market for the Indian automobile companies.

“Sri Lanka is a very important market as far as cars and commercial vehicles are concerned. Obviously, we are concerned about it. We believe that the very substantial rise in import tariff in Sri Lanka is going to adversely affect our car exports to that country,” he added.

Recently, the island nation increased import duties on vehicles by almost 100 per cent, which has adversely impacted exports from India. “Last year, India had exported vehicles worth $6 billion out of which automobiles worth $800 million had been sold in the Sri Lankan market. Now this has almost gone,” Society of Indian Automobile Manufacturers (SIAM) Director General Vishnu Mathur said.

Sports utility vehicles

Earlier, the increase in duties affected small cars, two-wheelers and three-wheelers exports from India. Just two weeks before, they had increased duties on sports utility vehicles as well.

India had planned to host an Auto Expo in Sri Lanka but that had to be postponed keeping in mind the present situation on the automobiles front.

Keywords: automobile industry, Sri Lanka, import duty, import duties, India, FICCI, automobile export

High time for a collective struggle to end HR violations - IHR

Tuesday, 11 December 2012 

Intellectuals for Human Rights (IfHR) in its annual Human Rights (HR) report stresses that international pressure is looked-for to arrest seriously increasing HR violation in Sri Lanka. The report was released on December 10, International HR day, and the report is a review of human rights situation of the country over the period from December 10, 2011 to December 10 2012.

Presenting the report, the Secretary General of IfHR, Dr.AnuraKarunatilake, said “it is high time to unite stand-alone struggles and voices against the undemocratic acts of the government by political parties and civil society organizations. The role played by the media, ‘the fourth state’ is also seems to be, intentionally or unintentionally, supporting growing undemocratic moves of the government. IfHR strongly believes, this is the high-time for a strong and sincere international pressure and longer term combined effort from the local political parties and civil society groups to pressurize the government to reestablish democracy and improve HR situation throughout the country”.

IfHR organized the commemoration of the Human Rights day in Colombo yesterday and the theme of the seminar was “Deterioration of the supremacy of the law and the future of the country”. The keynote address was delivered by Srinath Perera PC.

Following are the excerpts from the report.

Observations and analysis of IfHR prove that the year under review is very significant in term of human right record of the country. Hence 2012 can be considered as one of the worst, in terms human rights violations within the sixty years of post independence history of the country. Internationally, the Sri Lankan government faced the most disgraceful situation as a result of serious allegations on human rights violations. Also the government experienced intense pressure from the international community including the United Nations. The international community demanded the accountability of the government for alleged HR violations especially in crimes against humanity during the final phase of the three-decade-long war against LTTE, which was ended in 2009.

The resolution was passed against Sri Lankan government at UN Human Right Council on the 22nd of March, was favored by 24 countries and 15 countries opposed it while 08 countries abstained. In November this year, in a report of UN internal review panel on recommendation of Secretary General’s panel of experts appointed to advise him on this Sri Lankan HR issue, admitted that UN system failed to meet its responsibilities during the final months of 2009 war in Sri Lanka and its aftermaths.Said report and its conclusions reveal the gravity of allegations on the HR violations leveled against the government. The Secretary-General in a statement stated that he will immediately appoint a senior-level team to render a careful consideration to the report’s recommendations and advise him on the way forward and asserted other actions will follow. Besides this international pressure, various local rights groups and political parties continuously demanded the justice for the victims of these HR violations. However, we, the IfHR, believe that the government’s response is extremely unsatisfactory and instead HR violations have reached to alarming level in many areas in the year under review as well.

According to our observations, abductions and killings, violation of independency of the judiciary, suppression of media freedom, continued suffering of the IDPS and the resettled people in the North and East and violation of their rights, militarization of North and East provinces in particular and exceptionally high presence and involvement of military in civil administration and other civil functions of the government, violation of rights of the prisoners and plight of the political prisoners including ex-LTTE carders, continuing anguish of women and children are serious concerns. The HR situation in the most of these sectors, seem to have worsened. IfHR believes that the government is directly or indirectly responsible for all most all HR violations we reveal here. Further the government continues to exercise the power of executive presidency and other forms of state power, the two third majority in the parliament that was secured by unethical means, for example, not only to cover up its HR violations and curtailing of the democratic freedom of people, but even to legitimize those violations.

This is an alarming trend. The country is ostensibly heading towards a totalitarian regime. The allegations that have been made are mainly against the executive president and his family members, those who hold most important and powerful positions in the government. IfHR believes that they cannot escape the allegations as they administer core elements of the government. Also, it seems that they tend to consolidate limitless extraordinary powers surpassing the law of the country. The two third majority in parliament seems to be using to pass or amend the laws for these purposes. Divineguma Bill, which the Supreme Court ruled sixteen clauses of it were against the constitution, is an ideal example in this context. In addition tax exemptions granted in the budget for sports utility vehicles can also be considered as a highly debated issue. Various government positions that should be held by Civil Service or Foreign Service officers including ministry secretaries and diplomats are now being gradually acquired by military officers, relatives or close friends of the regime. State powers and resources have been abused by the ruling party to hold and win elections unlawfully. It was clearly witnessed through the provincial council elections held in the East, North Central and Sabaragamuwaprovinces, September this year. The sovereignty of the people is no longer secured in the absence of free and fair elections, independence of administrative mechanisms especially in police, media and public services which are responsible to ensure free and fair elections.

A forceful acquisition of lands in the name of ‘development’ or beautification of cities is another form of HR violation during the period under review. Mainly it takes place in Colombo city limit to far away corners of the country such as Sampoor in the East. As a result inhabitants of these lands become refugees. Some of these acquired lands have been sold out or leased to local and foreign companies for various development projects. Land belong to National Parks have also been given to local and Multi-National Corporations for commercial agricultural projects violating the existing laws and completely neglecting the environment.

Despite the continuous increase of HR violation, IfHR belies that the political parties, civil groups and organisations and the media have seriously failed in their role to avert the violations and educate and mobilize the public against the prevailing pace of deterioration. Present contribution of these parties and actors is not adequate to counter the government’s march towards a totalitarian regime, in turn tens of thousands of people are suffering and the struggle for freedom and democracy is becoming even further difficult. The most recent cases such as killing of around 27 prisoners in Welikada prison located within country’s capital city demonstrates the brutality of the government and its preparedness to release the armed forces against humanity ignoring the law of the country and international laws. True story behind this brutal killing has now been revealed yet and IfHR believes that it is a bold violation of the UN convention on prisoners. However, still the political parties, civil society organizations as well as the international community have failed to question the accountability of the government in this issue. High time for a collective struggle to end HR violations - IHR

Instead people are ignored, actively persecuted, and the human rights defenders are intimidated, threatened, and persecuted as well

The right to participate - Human Rights Day 2012 

UN High Commissioner for Human Rights Navi Pillay's message for this years Human Rights Day, 10 December 2012

MONDAY, DECEMBER 10, 2012

Instead people are ignored, actively persecuted, and the human rights defenders are intimidated, threatened, and persecuted as well

Or it may simply be because their leaders are so focused on their own grip on power and wealth.......- Pillay 10.12.12

Statement by the UN High Commissioner for Human Rights Navi Pillay on Human Rights Day - 10 December 2012
Millions of people have gone on to the streets over the past few years, in countries all across the world, emboldened by what is happening elsewhere, some demanding civil and political rights, others demanding economic, social and cultural rights.

This groundswell is not simply a question of people demanding freedom of expression and freedom to say what they think and make clear what they want.

They are asking for much more than that. They are asking for an end to a situation where governments simply decide what is best for their populations without even consulting them. They are asking for their right to participate fully in the important decisions and policies affecting their daily lives, at the international, national and the local levels. Many people in many countries have been making it clear they are fed up with their leaders treating them with disdain and ignoring their needs, ambitions, fears and desires.

They have been, in effect, asking for what has been, for more than sixty years, under international law, rightfully theirs. They have been asking for the human rights laid down in the Universal Declaration of Human Rights – which is commemorated every year on 10 December – and subsequently fleshed out in other binding international treaties.

Every citizen shall have the right and the opportunity to take part in the conduct of public affairs, directly or through freely chosen representatives. Every person shall have the right to vote and be elected, and to have access to public service, as well as to free expression, assembly and association. These are among the rights enshrined in the International Covenant on Civil and Political Rights, to which 167 States are party. And they have been restated in many similar ways in other laws and documents.

These rights are supposed to apply to everyone. No one should be excluded from any of them because they are female, belong to a minority, or worship a certain religion; or because they are gay, have a disability, have particular political beliefs, are migrants or belong to a certain racial or ethnic group. We all should have a voice that counts in our societies. We should all have free, active and meaningful participation in both economic and political affairs.

Unfortunately, many people don’t.

Instead they are ignored. Or, worse, they are actively persecuted, and the people who are trying to help them gain their rights – the human rights defenders – are intimidated, threatened, and persecuted as well. Sometimes, it is less deliberate, more insidious: certain individuals or groups are simply not given the opportunity: the opportunity to raise their voice, or use their brains and talents to achieve the successes of which they are capable, to climb out of poverty or achieve high office – or even any office.

Many millions of people cannot even dream of aiming high, they just dream of getting by – of surviving until tomorrow.

That may be because they have not been to school, or because they have no health care, no adequate shelter, insufficient food, and none of the basic rights and services that would give them the opportunity to build a better future.

Or it may be because they are specifically excluded from seizing opportunities by discriminatory laws or practices. Or because, through no fault of their own, they are stateless, citizens of nowhere, and therefore not only do not have a voice, but do not officially exist.

Or it may simply be because their leaders are so focused on their own grip on power and wealth that they simply don’t care what happens to those whose lives they govern. They’ll give just enough to keep people quiet and stop them protesting. If they are obstinate and raise their voice, they will lock them up, torture them or find other ways to distract them, silence them or make them disappear.

But in the past two years, people in many countries have raised the stakes, and made it clear that “just enough” is no longer good enough. In many countries, they have confronted their governments head on, not just in the Middle East and North Africa, but in other parts of the world as well, on issues covering the full range of fundamental civil, political, social, cultural and economic rights.

In a number of countries in recent months, we have continued to see the most extreme examples of rights being trampled underfoot. Many thousands of men, women and children tortured to death, raped, bombed, shelled, shot, forced from their homes, deprived of food, water, electricity and health care by their own governments or by armed groups, apparently intent on nothing more than their own hold on power. These are governments and non-state actors who are continuing to behave in a way that is the complete antithesis of everything we celebrate on Human Rights Day.

Today, I salute all those who have suffered so much seeking what is rightfully theirs, and all those people in other countries who in their own way – whether it is in Santiago or Cairo, Athens or Moscow, New York or New Delhi – are also saying we have a voice, we have our rights and we want to participate in the way our societies and economies are run.

Because that is how it should be.

ENDS

Let’s all work against human rights violations

[ Tuesday, 11 December 2012, 02:07.28 PM GMT +05:30 ]

Director of the Killinochchie Legal Aid Commission Vijayarani Satheesh kumar said it’s necessary to stage protest and need to fight against separate human rights violations faced by various individuals.

She made this statement while addressing the International Human Rights Day event at Killinochcie yesterday. This event was headed by the Global Tamil Cultural Forum Killinochchie district president A.Sathiyanandam. Parliamentarian C.Sridharan, Nawai Gugarasa and Rev.Fr.Anton Gorge garland the photographs of late.Rev.Fr.Karunaratnem President of the Northern Human Rights Council and misplaced relatives. Addressing the gathering Vijayarani Sathiskumar went on to say, At present human rights violations reported in each and every sector. All people are in mentality to save human rights of SriLanka. However they all were in fear to fight over this. At present we do not own proper surrounding to fight for our basic rights. In order to reach the international community we should step forward to win our own rights. At the police station complaints should be filed in the Tamil language. We all should fight against the arrest made under the prevention of terrorist act. If not this situation would grew up worst manner. We continuously fight against land grabbing, disturbances on media freedom. She finally  noted our constitution proved the right to speak and enjoy the freedom of this country.

Briefing: Sri Lanka's ethnic problem

Photo: Save the Children

Thousands of Tamil civilians fleeing fightig in May 2009

COLOMBO, 11 December 2012 (IRIN) - Prospects to improve relations between Sri Lanka’s Sinhalese-dominated government and ethnic Tamils remain grim more than three years after the end of a civil war fought along ethnic lines, according to activists, law makers and the UN. The country’s balance of power and ethnic polarization look increasingly similar to the situation pre-dating Tamil rebels’ protracted separatist struggle, stoking concern about a return to conflict if the country does not manage its ethnic relations differently this time around. 

As examples of divisive ethnic nationalism, experts point to government efforts to repeal a constitutional amendment that allows power sharing; heavy-handed governance; the lack of widespread recognition of the Tamil language; and a breakdown in rule of law. These were all past triggers for violence. 
Who are the Tamils? 
Tamils are a minority ethnic community living predominantly in the country’s Northern and Eastern provinces. A group of Indian Tamils live in the country’s centre; they were brought over from the southern Indian state of Tamil Nadu by the former British colonial power in the 18th century to work on plantations. Although this group has largely assimilated, Tamils in the north and northeast identify themselves as being a distinct ethnicity with roots in the country dating back millennia. 

Tamil political leaders in these areas have gained popularity by campaigning along ethnic lines and have, until recently, called for a separate state. 

There are 2.2 million Tamils in north and northeast Sri Lanka, or 11 percent of the population, while Tamil Indians in central Sri Lanka are 4 percent of the population, according to the country’s most recent census in 2011.  

Who are the Liberation Tamil Tigers of Eelam?                             full report

Citizens in Sri Lanka's North tell UN delegation government is not implementing LLRC recommendations


Dec 10, Colombo: Citizens in Sri Lanka's North have told a visiting UN delegation that the government has not taken action to implement the recommendations of the Lessons Learnt and Reconciliation Commission (LLRC) report.
The Peoples Council for Peace and Goodwill in Jaffna has told a delegation of UN country representatives who visited the North that the government has not strengthened the post-war reconciliation process.
The UN delegation visited Jaffna with Sri Lanka's permanent representative to the UN, Dr. Palitha Kohona.
They had traveled to Jaffna and met with the People's Council for Peace and Goodwill at the Bishop's House.
The meeting was presided over by the former Vice Chancellor of the University of Jaffna, Professor P. Balasundarampillai.
The Vicar General of the Jaffna Catholic Diocese, Rev. Gnanapragasam has said the people in the North expected more from the government in strengthening reconciliation but hardly any move has been made by the government in stabilizing the reconciliation process.
He has added that the Tamils are disappointed about the delays over the moves adopted to reach a political solution to the ethnic issue.
Meanwhile, Prof. Balsundarampillai has said a large number of IDPs have not yet been resettled in their original homes and that lands and assets of a majority have not yet been returned to them.

MP Stephen Woodworth Expresses Renewed Concern Over Human Rights Violations in Sri Lanka

Salem-News.com-Dec-10-2012

"I would like to extend my thoughts and prayers towards all those that have been affected by the latest violent attacks..." - MP Stephen Woodworth

Students protesting at Jaffna University

(TORONTO) - Stephen Woodworth, Member of Parliament for Kitchener Centre, has expressed renewed concern over human rights violation in Sri Lanka in light of recent reports of violent clashes on the University of Jaffna campus between Tamil students and security forces.

Stephen Woodworth, MP

A reported twenty students were wounded, seven of whom were hospitalized and four were detained, following a peaceful demonstration by Tamil students to commemorate those who have lost lives during the ongoing struggle of the Tamil nation.

"Parliamentarians have the responsibility to make it our first priority to raise our voice in support of every person’s fundamental human rights," said Woodworth. These latest incidents are evidence of ongoing tensions directed at Tamils in Sri Lanka.

"I would like to extend my thoughts and prayers towards all those that have been affected by the latest violent attacks and I urge the international community to call on the Sri Lankan Government to put in place measures to ensure the protection of human rights," he concluded.

Source: Office of Stephen Woodworth

India minister: we must accept China in our backyard

AFP © Indian Foreign Minister Salman Khurshid addresses journalists at the Foreign Correspondents' Club in New Delhi on November 21. India's foreign minister has said New Delhi must accept China's growing presence in its own backyard as Beijing steps up its investments and diplomatic efforts in South Asia.

December 11, 2012,

NEW DELHI (AFP) - India's foreign minister has said New Delhi must accept China's growing presence in its own backyard as Beijing steps up its investments and diplomatic efforts in South Asia.

New Delhi has been wary of growing Chinese influence around the Indian Ocean, where Beijing has forged ties with Sri Lanka, Bangladesh, the Maldives and military-ruled Myanmar, often through funding and building infrastructure.

Speaking at a conference in the Indian capital on Monday, Salman Khurshid said: "We will have to accept the new reality of China's presence in many areas that we consider an exclusive playground for India and its friends.

"China for instance would give a right arm to be in the Indian Ocean as comfortably as India is placed in the Indian Ocean... this is an important critical factor for what we will see as the emerging Asian century," he said.

Khurshid, 59, was appointed foreign minister just over six weeks ago amid expectations that he would bring a fresh approach to a decades-old diplomatic strategy that has favoured caution over ambition.

The minister, whose speech was sent to AFP by the foreign ministry, said that India needed to develop its relationship with China into a meaningful partnership in the coming years.

"China is aggressive. China is a partner for us. China is a neighbour for us... the real creativity in India's foreign policy will come in being able to combine the strengths of China with the strengths of India," he said.

Relations between India and China, which have an unresolved border dispute, are often prickly and marked by mutual distrust, a legacy of a brief border war in 1962.

India's navy chief said last week that Beijing's growing maritime strength was a major cause for concern and New Delhi needed to adapt its strategy accordingly.

China, which put its first aircraft carrier into service in September, has been locked in a series of territorial disputes in the South China Sea and has warned India about investing there.

India signed a pact with Vietnam last year to expand oil exploration in the sea.

Lankan Tamil national immolates in India [ Tuesday, 11 December 2012, 03:38.05 PM GMT +05:30 ] Lankan Tamil national named Sivasubramaniyam (53) resident of Sastha city in Trichi immolates his self yesterday. According to the sources victim has lived with his son and also received medical treatment at the private hospital in Trichy. He was discharged from the hospital yesterday and disappointed over his illness. Area resident took measures to rescue his life however he succumbed to his injuries. K.K.Nagar police hold further investigations this regard and also send the body towards Trichy hospital. Wife of the victim currently residing in a foreign country, Indian media reports.

FM: Iran Ready to Expand All-Out Ties with Sri Lanka 2012-12-11 TEHRAN (FNA)- Iranian Foreign Minister Ali Akbar Salehi in a meeting with Sri Lankan Minister of Industry and Commerce Rishad Bathiyutheen underlined Tehran's readiness to further develop relations and cooperation with Colombo in different fields.

"The Islamic Republic of Iran is fully ready for supporting and evermore expansion of comprehensive cooperation with Sri Lanka, particularly in political, economic, commercial, transit, and joint investments fields," Salehi said in Tehran on Monday. Bathiyutheen, for his part, appreciated the Iranian officials for their assistance in the process of his country's development, and expressed the hope that the level of commercial and economic cooperation with the Islamic Republic of Iran, particularly in energy field, would increase. Sri Lanka's Ceylon Petroleum Corporation (CPC) does not plan to replace Iran as the main supplier of its crude oil imports, media reports said in October. "CPC has no immediate plans to tie up a new term import contract to replace Iranian crude as it awaits greater clarity on the Iran situation. It will instead seek regular imports of 135,000 metric tons cargoes for delivery every 20 days to meet its refinery's requirements," Platts news website quoted a source close to the company as saying at the time. The CPC said that it plans to start sourcing all its crude requirements from the spot market after its regular supply from Iran was cut, the source added. Iran is the second largest OPEC oil producer, producing about 4 million barrels of oil a day. The country's recoverable oil reserves are estimated at more than 137 billion barrels, or 12 per cent of the world's overall reserves.

Ranil bemoans CJ’s impeachment; warns SL could lose Commonwealth membership

By Dharisha Bastians-December 11, 2012 
The dubious procedure adopted to impeach the country’s Chief Justice may cost Sri Lanka its membership in the Commonwealth of Nations, Opposition Leader Ranil Wickremesinghe warned yesterday.  The Opposition Leader was speaking at a seminar entitled ‘The People’s Sovereignty and Human Rights’ organised by the Platform for Freedom, a coalition of civil society organisations, to mark the 64th International Human Rights Day on 10 December.  

Wickremesinghe said that at the Commonwealth Heads of Government Meeting in 2003, the Latimer House Principles were adopted in collaboration with the Commonwealth Parliamentary Association, the Commonwealth Lawyers Association and the Commonwealth Magistrates and Judges Association.
“These principles clearly stipulate that judges in Commonwealth nations must be removed in a process that is independent and impartial. As a Commonwealth member state we are bound by these collective commitments,” he explained.
The UNP Leader said that before the Parliament debates the motion of impeachment in early 2013, the Speaker must declare whether the impeachment process of Chief Justice Shirani Bandaranayake has been conducted in adherence to the Latimer House Guidelines for the removal of a judge.

He said that Government members of the PSC had treated the Chief Justice very poorly during the proceedings. “Their treatment was not in keeping with the dignity due to her office,” the UNP Leader added.

“In the end, not only will the Chief Justice get impeached, Sri Lanka will lose her place in the Commonwealth,” Wickremesinghe charged. “We became members of the Commonwealth before we even joined the UN. Now we’re in trouble at the UN. Are we trying to create problems for ourselves in the Commonwealth as well?” he said.
Referring to the private member’s bill introduced by UNP MP and Bar Association President, Wijeyadasa Rajapakshe, which sets out a procedure for removing judges, by an independent tribunal of three judges from Commonwealth countries, Wickremesinghe said the only way to remedy the situation was to endorse it as an urgent bill.
“The Opposition will endorse and pass the bill without debate. Then the process can be conducted fairly. That is the only way out of this mess,” he said.
Wickremesinghe went on to say that the Government members on the Parliamentary Select Committee had hurriedly called over 30 witnesses late at night, after the Opposition members on the Committee quit in protest at the unfairness of the proceedings.
“This report should enter the Guinness Book of Records for the fastest select committee report ever presented before a parliament,” he quipped.

Speaker, SLFP/UPFA Should Take Action against Two PSC Members!

By Laksiri Fernando -December 11, 2012 

Dr Laksiri Fernando

When I wrote my last piece on the impeachment debacle, “Parliamentary Select Committee Exposed,” I was extremely concerned and shocked about the fact that the Chief Justice was insulted and humiliated by two members of the Parliamentary Select Committee. These happened reportedly irrespective of protests by the CJ, the legal team and the opposition members, and unfortunately complete disregard or tacit approval of the Chairman of the PSC, Anura Priyadarshana Yapa, whom I so far considered a decent gentleman or politician.

The walk out of the Chief Justice was in protest against this outrageous situation and there were unfortunately some who even considered the walkout itself as impeachable completely approving the humiliation that she had to undergo before these two male hecklers.

It came to my attention how much pain or anguish that public humiliation could inflict on a person, a woman or a man and in both of these cases women, when I came to know about the suicide of a female nurse in London who was humiliated unintentionally though because of a ‘royal prank’ call during the same week from Sydney, Australia.

It is not my intention to say that both cases are same except the fact of humiliation. When Kate Middleton, Dutches of Cambridge, was in a private hospital in London for reportedly morning sickness, there was a call from two young broadcasters from 2Day FM, Sydney, pretending to be the Queen and Prince of Wales asking about Kate’s health early in the morning. A nurse of an Indian origin who was at the telephone exchange at that time allowed the call and information. She was apparently gullible under the circumstances. The radio in Sydney without much consideration for the implications, broadcasted the prank in effect humiliating the nurse. The nurse, a mother of two young children committed suicide on Friday apparently because of the humiliation.

The humiliation inflicted in the case of the nurse was not intentional. Last night I saw the two broadcasters who gave the call apologising and virtually crying. But the humiliation inflicted on the Chief Justice was not unintentional. Otherwise an apology should have been in order by now. I am sure that some even would unashamedly justify the humiliation and some have already done so by trivializing the words used.

One is a nurse and the other is a Chief Justice and a recognized legal academic. There is of course a vast difference in education and background and hence stamina for endurance. The Chief Justice probably would like to forget about the insults given her stature, determination and courage. As the Buddha said, if you don’t take insults, the insulters have to take them back. But humiliation is humiliation whether it is a nurse or a Chief Justice. In the case of Sri Lanka this is a public interest issue given the deteriorating ethics and culture of particularly the politicians. Some have become nose biters and ear eaters!

The reported utterances of the two members of the PSC are completely unacceptable by all standards, national and international. Therefore, disciplinary action should be taken against these two members. By whom might be a million dollar question? The following are some options.

• There is no much point in asking the present President personally to take action against these two Ministers. Asking any justice from him would prove futile given his jubilant attitude against the rivals or enemies and also jovial defence of people like (Dr) Mervyn Silva. He does not seem to be serious about justice.
• Asking the Speaker to take disciplinary action against these two members of the Parliamentary Select Committee however is in order as they were appointed to the PSC by him in his official capacity. At least in that way the Speaker might be able to preserve the reputation of the Parliament from public contempt. Otherwise talking about ‘supremacy’ of parliament is useless.
• Asking the Secretaries of the SLFP and the UPFA is also in order because one Minister is a member of the SLFP and the other one does come under hopefully the discipline of the UPFA as his party is a constituent member.
• Whether the above efforts would prove futile or not, another option left for the legal fraternity, the civil society and the opposition political parties is to boycott the two ministers from all public events at least for an earmarked period in protest.

We all have seen the photograph published in The Island newspaper yesterday (10 December 2012) captioned “Divided in fighting, united in feasting.” No one would ask opposition parliamentarians or anybody else to be impolite or disrespectful to anybody in the government even those who were involved in insulting the Chief Justice. There are circumstances that we have to be civil and social to all human beings. But politics simply would become a joke if the opposition politicians are not serious about what they preach or claim to fight for. The following is the photo.

Divided in fighting, united in feasting

Interdependence of the Judiciary and the Legislature TUESDAY, 11 DECEMBER 2012  In Sri Lanka, sovereignty is in the people’s hands. It is inalienable. Sovereignty includes the powers of government, fundamental rights and the franchise. The sovereign people promulgated the Constitution and thus the Constitution becomes supreme and the three Organs; Parliament, Executive Presidency and Judiciary that are created by the sovereign People by their Constitution can only exercise their respective powers subject to and according to the provisions of the Constitution. Parliament is bound to act subject to and according to the provisions of the Constitution. So do the other organs. However, the line of separation between Parliament and Judiciary is very thin and a blurring of their respective functions at the blend is inevitable. No interference with Parliament. No Court can pronounce how an Act should be passed in Parliament. No Court can interfere on any ground that the Act was not passed according to proper procedure or the bill has not received the majority of votes as there was error in counting the votes. That is the exclusive function of Parliament. No court could interfere in its deliberations and conclusions. The validity of the proceedings in Parliament cannot be questioned by any court. Parliament provides Standing Orders to conduct its own affairs and no court has jurisdiction to decide their validity. Parliament can manage its own affairs according to the Standing Orders. Any breach of its Standing Orders can only be corrected by Parliament. When Parliament errs, its errors shall be corrected by Parliament itself. No court could make any pronouncement thereof. Ruling given by the Speaker even if it infringes any of the provisions of the Standing Orders can only be corrected by Parliament. How the Speaker conducts the proceedings in Parliament cannot be subjected to judicial scrutiny. Thus, Parliament becomes the absolute authority to manage its own affairs. It is salutary that no Bench of the Supreme Court had ever made any attempt to interfere in the internal affairs of Parliament. Standing Orders Article 74 of the Constitution ordains that subject to the provisions of the Constitution, Parliament may provide Standing Orders inter-alia‘the regulations of its business, the preservation of order at its sittings and any other matter for which provision is required or authorized to be so made by the Constitution’. Thus, it becomes so explicit that all Standing Orders, including 78A should be subject to the provisions of the Constitution No Standing Order, including 78A could have the effect of overriding, amending or suspending the operation of any of the provisions of the Constitution. Parliament is bound by the Constitution to exercise its powers under 78A in the fulfilment of its duties under Article 107 (3). What does Article 107 (3) state?                          Read more...

Sri Lankan Parables: The Ruler And The Thinking Citizen

By Basil Fernando -December 11, 2012 

Basil Fernando

Once a ruler told one of his country’s citizens,

Mr. thinking citizen, you have told me some very beautiful principles. For example, you have said that any inquiry against anyone must be fair, and you have explained what fairness means. But you do not seem to understand that I do not like principles.

The thinking citizen then said, Sir, every nation that wants peace and tranquility must fellow good principles.

The ruler said, I do not agree; peace and tranquility can be brought about by the sword.

Such a nation will be a very unhappy place, said the citizen

All unhappy ones can be erased by the sword, said the ruler. And you, thinking citizen, if you wish to be happy, stop thinking or you may soon not have a head to think with.

President’s judges

The ruler said to the judges of the country, “I understand your worries. You have been told that you belong to a separate branch of government and that you are to be independent. Now, I will remove the reason for that worry. From now on, there is only one branch and everyone is part of it. Your loyalty is only to me. Everyone serves me. I created a position called President’s Counsel – PCs. Now I will make you President’s Judges – PJs. And the Chief Justice will be called the President’s Chief Justice – the PCJ.

But we are supposed to protect the people said the judges; we are supposed to protect their liberty.

Do not worry about that. I have declared that people have surrendered their liberties to me. They have become slaves voluntarily. I am now the people’s sovereign. You have only to protect me.

An opportunity for Vijtha, Kiriella, John, Sambandan to prove the impeachment is a damp squib and their true heroism
(Lanka-e-News -11.Dec.2012, 
10.30PM) Does the Parliament Select Committee have judicial powers or doesn’t ?

Legal analysts and luminaries say , it is by the attendance of court by the four opposition Select Committee representatives on the 13th in response to the summons issued for the second time on them by the Supreme court (SC ) at the inquiry to determine whether the select committee has judicial powers or not , they can devastate the dictatorial, evil and lawless goals of demonic and despotic MaRa and his clan.

It is significant to note that the summons issued on the Select committee members by the court was rejected by the Parliament speaker Chamal Rajapakse ( better known as Parliament mocker for his asinine behavior) , the elder brother of MaRa (President Rajapakse) . Later the SC issued summons again.

Sine the opposition representatives have already withdrawn from the controversial inquiry conducted by the obnoxious Select Committee alleging among other grounds that it is not impartial , can by attending court on the 13th legally announce their reasons in court . This is an opportunity for them to present their case judicially in support of their boycotting the Select Committee inquiry which had from the beginning been conducted in the most unfair , unlawful and partial manner based on premeditated plots and plans against the Chief justice (CJ) . Specially Lakshman Kiriella being a Lawyer himself is vested with greater responsibility which he can discharge duly by adhering to the court order, respecting his profession and the laws of the country. In the event of his respecting the laws which are paramount and primary particularly as a member of the legal profession , there is nothing that the asinine speaker alias mocker can do.

The constitution clearly lays down that the power and sovereignty of the people can only be expressed and decided through the appeal court and the SC. On the other hand , if a select Committee as this constituted by a set of goofs and goons of the Govt. is to take upon itself the powers of the judiciary , it will create anarchy with the Parliament summoning anyone as it pleases , hearing cases and giving judgments putting grade 9 (dis)qualified moronic Mongols like Weerawansa (Modawansa) at the helm.

In like manner the constitution mentions the methodology by which a CJ or a SC judge can be dismissed via the Parliament. But the methodology is not stated. In this case , the SC has to decide on this , elucidate the method and declare how that should be done in a fair and just manner . It is not about whether the legislature is supreme or the judiciary . It is unavailing and foolish disputing on this vexatious issue advancing specious arguments. 

In other countries like SL , truly it is the constitution that is supreme, and it is only the SC that has the power to interpret it no matter what diabolic desperate attempts are made by interested parties and brutal rulers to sabotage those sacrosanct laws and legal traditions to achieve their despotic and demonic objectives militating against Democracy , rule of law , independence of the judiciary and the sovereignty of the people.
In the circumstances , it is only the SC and not any other body that has the power to decide on whether the impeachment motion is conducted in fairness with transparency or not.

It is therefore imperative that the opposition members of the select Committee attend the SC on the 13th abiding by the court order and discharge their duties towards the people , as they are shouldering a grave responsibility on behalf of the people who have elected them not to be in Parliament to safeguard their own interests at the expense of those who elected them . At least if JVP M.P. Vijitha Herath responds to the summons of the court duly and bears in mind the demands of the people who sent him to Parliament , he should attend courts on the 13th and prove his and his party’s worth . In that event, if the SC holds the view that the moth eaten (by now) controversial select Committee is a sham and has no judicial powers , the MaRa demons who spent sleepless nights only to engineer the most unlawful , unethical and unconstitutional impeachment can perhaps be put to eternal sleep - ‘rest in peace’ , whereby the entire nation can heave a much awaited sigh of relief.