Saturday, February 2, 2013

Mr President, You Also Will Be Impeached!

By S. V. Kirubaharan -February 2, 2013

S. V. Kirubaharan

After all, local and international legal expert Dr. Nihal Jayawickrama has written a thorough article, “End Of Constitutional Governance in Sri Lanka – Gadaffi Also Said ‘The People Love Me’. Nothing more to say.

But I would like to remind President Rajapaksa that one day, he, his family members and his collaborators who are part of many scandalous processes will also be impeached. It is difficult to predict when, but sooner or later, it will happen.

We are sure that neither Rajapaksa nor any of his family members can become life-time rulers of Sri Lanka. All know that the international community is waiting for a ‘regime change’ in Sri Lanka.

President Rajapaksa’s one time trusted Military General, Presidential candidate Sarath Fonseka, still claims that he won the last Presidential election. Every day he shows new evidence supporting his claim. This suggests that Rajapaksa is an Executive President by bullet rather than by ballot.

Rajapaksa cannot deny he is greedy for power and wants to contest in the next Presidential election. This is the reason he used his two third majority in parliament to amend the constitution, paving the way for him to stand for the 3^rd time in a Presidential election. This is a mistake on his part which will lead to his downfall.

As I have predicted in the past, the Lady is preparing to stand in the next Presidential election. Even though she served for eight years and could not deliver what she promised to the people, presently she is the best challenge to Rajapaksa, whom she will replace.

There are many obstacles for Ranil Wickremasinghe or Sarath Fonseka to stand in the President election. But they will support the Lady and she will also be supported by the majority of the members in the SLFP as well. Always the deciding vote is from the North and East and it will be cast in favour of the Lady. The people in the North and East have already voted for the Military General who ruined their life. This doesn’t mean that Rajapaksa or the Lady is a Saint. They too, have both done horrendous damage to the people in the North and East – politically, economically, socially and culturally.

Now let me come back to the subject of ‘you will be impeached’.

When the Lady wins the President election with the support of Ranil Wickremasinghe, Sarath Fonseka and all the others who oppose Rajapaksa’s family rule – are they going to allow Rajapaksa to have a peaceful life?

Those whom I mentioned above and also Rajapaksa’s one time good friend Mangala Samaraweera are part of this group. In fact, all these people may have problems about who will be Prime Minister, Foreign Minister and Secretary of Defence. However, they are not going to spare Rajapaksa, his family and his collaborators. This is the history of the world.

Rajapaksa’s impeachment process against the Chief Justice Shirani Bandaranayake gave the international community food for thought about the judiciary in Sri Lanka. Regarding this process while the whole world, bar associations of many countries and many legal experts were opposing it, the Hero who demerged the North East, former Chief Justice Sarath N. Silva supported the President. At the end of the impeachment, the President paid a courtesy visit to Sarath N. Silva’s home.

This is where the former Chief Justice Sarath N. Silva’s verdict on the demerger of the North East becomes questionable. He seems to have a stony personality.

Mangala Samaraweera visit to Europe

I am sure Rajapaksa is aware that Mangala Samaraweera has visited Europe recently and met with a few members of the Tamil diaspora. I do not know whether those members of the diaspora are aware that this gentleman is one of the people who are the cause of today’s devastating situation of the Tamils. When Mangala Samaraweera was the Minister of Foreign Affairs of Sri Lanka, he went around the world spreading lies and deception, portraying the Tamil’s political problem as a ‘Terrorist problem’

In November 2001, I had personal experience of this liar Mangala Samaraweera who was then a Minister inChandrika Kumaratunga’s cabinet. He produced a fake letter and told many lies in a press conference concerning me and a few others:

Daily News, 22 November 2001 - “Cabinet Spokesman and Urban Development, Public Utilities Housing and Sports Minister Mangala Samaraweera addressing a media conference at the Information Department auditorium at Narahenpita yesterday revealed details of a long standing conspiracy by the UNP and the LTTE to destabilize the government and the country.”

In fact, soon after this front-page lead news item appeared in the ‘Daily News’ of 22 November 2001, I contacted Dr. Jayalath Jayawardena, with an idea of suing Mangala Samaraweera. Dr Jayalath Jayawardena told me that, there is nothing to worry, as he has already filed a case for five million rupees as damage from Mangala Samaraweera. Once that is successfully done, I can file the follow-up case.

Today where are Mangala Samaraweera and Dr Jayalath Jayawardena? They both are together in a party, which Mangala Samaraweera claimed had a: “long standing conspiracy by the UNP and the LTTE to destabilize the government and the country”. What happened to Dr Jayalath Jayawardena’s case for five million rupees? This is politics, using others, sorry, the Tamils, for their benefit.

This is how President Rajapaksa has made use of Karuna, Pillayan, Douglas Devananda and many other Tamils. Where are they all today? They all did yeoman service to Rajapaksa’s Dutugemunu regime. Now these Tamils are ashamed to face the people. This fact has to be realised by the grassroots Tamil diaspora activists.

International customary law recognizes two categories of immunity: functional (or ratione materiae) andpersonal (or ratione personae).

Functional immunity is excluded for perpetrators acting in an official capacity. Practice by international tribunals and courts confirm – these institutions did not even recognize personal immunity – as demonstrated by the ICC when initiating a case against the sitting Sudanese President and by the Special Court for Sierra Leone when issuing an arrest warrant against Charles Taylor, former President of Liberia.

As regards domestic criminal jurisdiction, state practice tends to reject functional immunity, for certaincategories of high-ranking individuals, including Heads of State, Heads of government and according to the ICJ, also Ministers of Foreign Affairs, as long as they are in office.

I conclude by saying: Mr President, please do wait for another few months or years.

What is Impeachment?

A criminal against a public officer, before a quasi political court, instituted by a written accusation called “In England, a prosecution by the house of commons before the house of lords of a commoner for treason, or other high crimes and misdemeanours, or of a peer for any crime. In evidence. An allegation, supported by proof, that a witness who has been examined is unworthy of credit.

–ARTICLES OF IMPEACHMENT. The formal written allegation of the causes for an impeachment, answering the same purpose as an indictment in an ordinary criminal proceeding.

–COLLATERAL IMPEACHMENT. The collateral impeachment of a judgment or decree is an attempt made todestroy or evade its effect as an estoppel, by
” href=”http://thelawdictionary.org/collateral/”>collateralproceeding, that is, in any action or proceeding other than that in which the judgment was given, or other than an appeal, certiorari, or other direct proceeding to review it.

–IMPEACHMENT OF ANNUITY. A term sometimes used in English law to denote anything that operates as a hindrance, impediment or obstruction of the making of the profits out of which the annuity is to arise. Pitt v. Williams, 4 Adol. & El.885.

–IMPEACHMENT OF WASTE. Liability for waste committed ; or a demand or suit for compensation for waste committed upon lands or tenements by a tenant there of who. Having only a lease hold or particular estate, had Railroad Co.. 142 Ind.

http://thelawdictionary.org/impeachment/

Dr. Ashrawi: Israel Must be Held Accountable for Refusing to Attend HRC Review

Ashrawi calls on the HRC to shoulder its responsibility.-Jan-31-2013

PLO Executive Committee member, Dr. Hanan Ashrawi

(EAST JERUSALEM, Occupied Palestine) - On Wednesday, PLO Executive Committee member, Dr. Hanan Ashrawi, called on the international community to hold Israel accountable for refusing to attend its Universal Periodic Review conducted by the United Nations Human Rights Council (HRC), which was scheduled to take place Tuesday of this week.

"Israel's refusal to attend the HRC review is reprehensible and constitutes an egregious violation of international and humanitarian law, as well as a deliberate insult to this international body," said Ashrawi

She also said, "In postponing the review until October, the HRC is setting a dangerous precedent by allowing Israel to flout the will of the international community and get away with its illegal policies and measures that violate the basic human rights of the Palestinian people."

Ashrawi concluded, "We call on the HRC to shoulder its responsibility to promote and protect the 'universal ideals of human dignity' and hold Israel accountable for its blatant disregard for international law. Israel is not above the law and it should not be rewarded for repeatedly slighting members of the international community."On Wednesday 30th January, PLO Executive Committee member, Dr. Hanan Ashrawi, called on the international community to hold Israel accountable for refusing to attend its Universal Periodic Review conducted by the United Nations Human Rights Council (HRC), which was scheduled to take place Tuesday, January 29.

WikiLeaks: Solheim Returned To Sri Lanka ‘Empty-Handed’ And Urged GSL To Take A ‘Bold Step’

By Colombo Telegraph -February 2, 2013

“Norwegian Special Envoy Erik Solheim has returned to Sri Lanka ‘empty-handed,’ Dhanapala said, with no fresh initiative to offer from the Tigers. (Note: Solheim arrived in Sri Lanka September 14 and will depart o/a September 17. End note.) According to Dhanapala, Solheim has urged the GSL to take a ‘bold step’–which Dhanapala interpreted to mean accept the Tigers’ controversial proposal for an interim administration as a basis for resumed negotiations–but could not offer the GSL any reciprocal assurance that such a ‘bold step,’ if offered, would be accepted by the LTTE. Without some kind of assurance of how the LTTE would react, the ‘bold step’ urged by Solheim would be nothing but ‘a leap in the dark,’ Dhanapala said, adding that he was ‘puzzled’ that the Norwegians seemed to expect the GSL to take that political risk. He expressed little confidence that Solheim would make an effort to impress upon his LTTE interlocutors the Government’s political constraints.” the US Embassy Colombo informed Washington.

Photo Scanpix

A Leaked ‘Confidential’ US diplomatic cable, dated September 15, 2004, updated the Secretary of State regarding and a meeting Ambassador Jeffrey J. Lunstead had with the President Mahinda Rajapaksa and Peace Secretariat head Jayantha Dhanapala . The Colombo Telegraph found the related leaked cable from the WikiLeaks database. The cable is signed by the US Ambassador to Colombo Jeffrey J. Lunstead.

The ambassador wrote; “Because the GSL is the more rational party, the Ambassador said, it unfairly receives more pressure from other actors to be flexible and offer compromises. In addition, the aid given by other governments and mulitlateral organizations gives them the opportunity to apply pressure on the GSL, he noted. The LTTE, on the other hand, seems generally unresponsive to such pressure, readily subordinating incentives like socio-economic development for its purported constituents to political issues. How can donor governments help provide positive incentives for the LTTE to accept negotiations? the Ambassador asked. The GSL has already undertaken some confidence-building measures–for example, the President’s announcement that she is willing to include the controversial ‘interim arrangement’ on a possible agenda for negotiations–and could do more, like increase patrolling in the East to reduce factional violence, Dhanapala responded. The LTTE, however, might respond best to pressure from the expatriate Tamil community, which finances, either voluntarily or involuntarily, much of its operations, he asserted, adding that he believes pressure from the Tamil diaspora helped persuade the LTTE to accept a ceasefire. He urged the USG to expand contact with the Tamil diaspora in the U.S. to this end.”

“Dhanapala agreed that the split between Karuna, the Tigers’ former Eastern military commander, and LTTE headquarters appears to have ‘faded as an issue.’ The Tigers remain concerned, however, about their grip on the East, he suggested. The situation in the northeastern district of Trincomalee is ‘very worrisome,’ Dhanapala reported, where extensive LTTE bunkers could put Tiger artillery within reach of ships approaching the harbor. The LTTE’s ‘lock on security’ in Trincomalee infringes on the GSL’s responsibilities under the international law of the sea to safeguard shipping in those waters, he asserted. The Indian government has already raised these concerns to the Nordic-sponsored Sri Lanka Monitoring Mission (SLMM), he reported and suggested that the U.S. Embassy’s Defense Attache might raise it as well. The LTTE’s demand that the GSL swap LTTE detainees for two Sinhalese home guards the Tigers abducted in Trincomalee on August 18 has also increased tensions. Both the Government and SLMM have ruled out any such trade, he stated. In the north, the situation is Nagarkovil is ‘very, very tense.’ (Note: The GSL has accused the LTTE of expanding its forward defense line (FDL) in Nagarkovil, which is approximately 40 km north of Jaffna town. End note.) To make matters worse, the SLMM’s proposal for addressing this situation is ‘not even-handed,’ he complained; it recommended that both parties move back even though the GSL has not expanded its FDL.” the ambassador further wrote.

Read the relevant part of the cable below;

Importance Of International Solidarity In National Struggle For Democracy

By Laksiri Fernando -February 2, 2013

Dr Laksiri Fernando

It has come from the horse’s mouth. Sri Lanka needs a “strategy for democratic resistance.” However, there can be several or multiple strategies for change and not one, at least at the beginning. Many have already aired their views and Dr Dayan Jayatilleka’s recent article is one among the others or a rejoinder to others. What would finally work is a matter for the history to decide. Of course history is not the fate of the providence, but a product of human efforts and forces. What needs to be avoided as much as possible is the clash of forces going in the same direction of reinstating democracy in the country while a healthy debate on theoretical and practical issues might be useful. Fierce debates are rather old fashioned and may be counterproductive.

Sarath Fonseka and the DNF made a premature effort at the last elections and got badly defeated. Except for his bitter personal experience, it was not clear in what direction that the Rajapaksa regime would proceed after the end of the war or in the second term. People wanted to give them a chance. It was not possible for those who supported the government’s effort in defeating the LTTE for good and valid reason to opposeRajapaksa at that juncture. Even if the trends were correctly anticipated, a credible and effective opposition was practically premature. But after three years since then, defeating the LTTE is not the only criterion in determining the future of the country. Both democracy and economic development are decisive criteria. The general masses however might not grasp this reality instantly unless a credible opposition is launched.

Present Status

Apart from the relative stability that is created after the defeat of the LTTE, there may be few marginal benefits that the general public accrued through the so-called economic development of the government. But the main benefits, by any assessment, are with the ruling political elite, politically related business classes and the new (corrupt) bureaucrats serving as intermediaries between business, politics and international operations. These are not difficult to see irrespective of the government propaganda but must be properly exposed by the opposition. On the spatial plane, these contrasts are more dramatic and indefensible affecting the majority of the people living in rural and minority areas. Sri Lanka is sure to face a ‘revolution of rising expectations’ soon on the economic front given the demonstration effect.

The political balance sheet so far is more pathetic than the economic balance sheet and the ‘authoritarian trend’ of the government perhaps is also in preparation for future economic fallout. The main thrust is related however to the way the war was waged against the LTTE. Unless and until this matter is properly addressed, the democratic forces in the country would not be able to unite the masses across the ethnic divide, thus not be a proper democratic force.

The first major deviation of the government after the war from a possible democratic and reconciliation path in my opinion was on the accountability issue. I say my opinion, to admit that there can be credible other opinions. Accountability issue of a war situation in any country is manifestly an international concern. It is a latent but potent force in reconciliation in a domestic context. The President first conceded to address the issue with the UN Secretary General and then backtracked on it.

Accountability issues are raised usually in different forms and on different interests. The proposed EU resolution before the Human Rights Council in 2009 went beyond the issues of legitimate accountability issues to denounce the war. The defeat of that resolution was necessary, skilfully handled by the then Ambassador Jayatilleka , on the basis of giving certain guarantees and assurances on reconciliation. But the victory over the resolution was taken as an excuse for neglecting accountability and reconciliation by the government for obvious reasons. The rest is history and towards blatant authoritarianism. Completely unnecessary or rather vindictive persecution of Sarath Fonseka, the 18^th Amendment and the recent Impeachment against the Chief Justice are some of the landmarks in this process, in addition to the continuous violations of human rights of journalists, political activists, students and the minorities – religious and ethnic.

National and International

The struggle for democracy in any country is primarily a national struggle but not necessarily a nationalist one. Democracy is not in essence a national phenomenon but an international one. TheJanasammathawadaya that Mahinda Chinthana talks about is not democracy but authoritarianism on the basis of popular sanction. Sri Lanka has already seen the debacle of fighting for democracy on the basis of nationalism in the 1956 revolution. Nationalism however defined is very easy to get degenerated into ethno-nationalism. This does not mean at all that a democratic struggle should be an anti-nationalist or an anti-nationalism movement. There are obvious national interests of the country that needs to be safeguarded and even promoted. Striking a balance between the pressures from the West and the East is a necessary perspective in an enlightened foreign policy for a country like Sri Lanka. There is a good measure of rational patriotism that is required for the national development. But patriotism is not a monopoly of the rulers or a blind obedience by the people for the ruling classes.

The power balance of the world has so much changed today, particularly in the economic sphere; Sri Lanka does not need to worry much about Western imperialism. Sri Lanka along with India has a strong tradition of seeking the popular support of the people in those countries, the Labour in particular, against any undue pressure from the British or the Western governments. As history has shown, not only the support of the people but also the governments might be necessary in certain measure in struggling against tyrannical movements or rulers in countries where democracy and human rights are at stake. In any event, a distinction needs to be made between what is inimical to the interests of the country and what is supportive of developing democracy in the country. If this understanding is met then any democracy movement in a country could easily work with international democratic forces in promoting democracy and human rights in the particular country. Sri Lanka has come to this stage.

It is obvious that international pressure is not a substitute for a hard national struggle for democracy. Those who wait for the ‘international community’ to sort out matters in the national context in order that they could have a cakewalk for power are terribly mistaken. What the international community could do varies and also is limited however it might be decisive in certain junctures. But this is not a reason to underestimate the importance of the international factor in democratic development. In a ‘classical model’ of human rights or democracy development in a country, as Richard P. Claude used to argue, the national mobilization is the sole and primary force. But even in the 18^th century, the circulation of ideas and the ‘international environment’ propelled the democratic revolutions in America and France contiguously and a thinker like Thomas Paine used to influence both countries.

The relative weight of the international factor in democratic development, in a ‘neo-classical model,’ is more decisive today, after the Second World War, the formation of the UN and various other multilateral organizations such as the Commonwealth Association. There are conventions and international laws governing them. No state can exist without the attendant obligations of these realities or organizations. No Chinese Wall can circumvent these pressures. Both the government and the opposition should grasp these realities and act accordingly without being the proverbial ostrich. The revolution in IT has enhanced these processes to a great extent that no one can hide its head today in the national sand. It is in a context of China moving towards democracy, grudgingly though, Sri Lanka tries to emulate the past regimes of China or more correctly North Korea. It is possible that Mahinda Rajapaksa received his formative political education from Kim Il-sung rather than Mao Zedong in early seventies when his books were translated into Sinhala.

Inter-linkages

There are examples from our own region that signify the importance of international pressure or factor in transforming countries into democratic or semi-democratic pathways. Apart from the UN pressure, the ASEAN played a decisive role in releasing Cambodia from the remaining grip of Pol Pot after Vietnam decided to withdraw irrespective of the previous Chinese support for the Khmer Rouge. By this time even China had dropped its support for Pol Pot. Apart from the US, ASEAN again was a decisive factor in changing the political landscape of Myanmar or Burma, however you call it, in recent times again irrespective of the Chinese backing for the military or Tatmadaw. Recent Sri Lanka itself is an example and shows the interplay between national and international factors in forging a democratic opposition to the autocratic Rajapaksa regime.

The raising of the accountability issue by the UN Secretary General in May 2009 itself was an eye opener for many in the country for possible civilian atrocities during the war against terrorism. This must have encouraged the former Army Commander to defect among other factors and also to reveal the so-called ‘white flag incident’ although his political backers pressured him to withdraw some of the statements later. It is undoubtedly the impending appointment of an UN expert panel (Darusman Committee) that prompted the government to appoint its own LLRC. Its report again was the sustenance for the US to bring a resolution against Sri Lanka with the support of India at the last Human Rights Council session in March 2012. It should be noted that the US and India are the two main countries who backed the government in defeating terrorism. It is my contention that if not for that UNHRC resolution, the Chief Justice or the judiciary would not have got the necessary courage to assert the previously lost independence of the judiciary against the Rajapaksa regime that led to the impeachment confrontation thereafter. There was a considerable internal weakening of the regime after the resolution. There is no need to say that the lawyers’ movement against the impeachment, however vacillating it was, was encouraged by the international protest against the impeachment move.

Domestic Dynamics

There have been of course several domestic dynamics unrelated to the international pressure or dynamics. These have been crucially important. The defection of Karu Jayasuriya even before the end of the war revealed some of the vindictive and authoritarian tendencies within the regime. Hemakumara Nanayakkara also defected for the same or related reasons thereafter. During the local government and provincial council elections, internal rifts became aggravated and killer instincts of the regime became abundantly exposed with the murder of Bharatha Lakshman in Colombo. Kelaniya was a major flash point which has erupted again and again with several killings. These are in addition to the continuous human rights violations, abductions and disappearances both in the North and the South. There have been three key defections from the regime which might indicate the future directions. First was the former Army Commander, Sarath Fonseka. Second was the Chief Justice, Dr Shirani Bandaranayake. Third is the former Ambassador, Dr Dayan Jayatilleka. All these have considerable ramifications.

There have been critical policy issues related to education that led to major trade union action by the university academics led by FUTA last year. Some of the decisions of the Supreme Court that angered the government also related to these policy matters. The so-called ethnic reconciliation was a non-starter without the government being able to credibly persuade the TNA to participate in the PSC. The nature of a PSC under the present regime was completely exposed during the impeachment saga. There are emerging but slow domestic and national dynamics against the regime after the 18^th Amendment although there was no visible opposition to this outrage from any credible quarter at that time. Only the CP and the LSSP have accepted their decision to support the amendment as a mistake yet with dissent. It is a positive sign that the CP, the LSSP and the LP (Liberal Party) did not vote with the government on the impeachment motion. But they didn’t vote against the impeachment either. They are still lingering around the government for some reason and a major breakthrough for democratic resistance could be achieved only when they decisively break from the government and align with other oppositional forces.

Some Conclusions

There are of course several other issues in terms of strategy or manifesto. Not only the form but also the content of a ‘democratic manifesto’ is important. It would largely depend on how we understand the ‘democratic challenge of the country’ or the ‘nature of the present regime.’ Even if we agree on the importance of ‘necessary international solidarity’ for a democratic transformation then there would be the unanswered issue of how to counter the anti-international or anti-Western mobilizations which would be the modus operandi of anti-democratic and authoritarian forces based on archaic patriotism and parochial nationalism.

It is in the above context that Sri Lanka (both the government and the human rights lobby) would be going to Geneva in March to attend the UNHRC meeting. It is announced that Minister Mahinda Samarasingha would be leading the official delegation. He did the same last time, but I have seen on You Tube that Mr Mohan Pieris prompting him from his side even the actual pronunciation of some words when he was delivering the final statement! Perhaps Pieris was the chief mover and architect of all the HR defences of the government last time. Now this time he is the Chief Justice of course. Therefore, Geneva would miss him unless the Chief Justice himself is sent there to the Human Rights Council.

Last time the TNA was reluctant to go. I am not sure whether they would be going this time. I am raising this issue because Geneva 2 is going to be a decisive juncture for the future of democracy and human rights in Sri Lanka. It would also be interesting to know whether Prof. Rajiva Wijesingha and his Liberal Party or Council would be going to Geneva or not with their side show of ‘human rights and reconciliation.’ They were there last time. The next stage of polarization for democracy and (if I may say) dictatorship in Sri Lanka would be after March. It is my hope that the CP, the LSSP and the LP leave the government as soon as possible without confusing the people as to what strategy that they should adopt in defeating the authoritarian scheme of the government and upholding democracy and human rights.

If we want to find a leader who could challenge Mahinda Rajapaksa whose credentials are not tainted with any anti-patriotic deviations who would also be unhesitatingly willing to abolish the presidential system, then there can be few, but DEW Gunasekera might be the best choice not as a communist party or left candidate but a common candidate. There is also the historic precedent, the communist party during the war aligning with the Ceylon National Congress or the embryonic UNP. Although he has been a ‘communist,’ he has been one of the most liberal persons in politics in my personal view. Why not, even the democracy movement against the Rajapaksa autocracy might even get the China support in addition to the US sympathy!

Foreign investments affected due to boundless interference by military. Allege UNP

Military presence in the Tamils motherland is increasing is alleged by the Tamil parties, and in this state, the United National party has alleged that the military intervene is getting increased in the country's development activities hence private and foreign investments are getting affected.

Due to change in weather conditions, the prices of vegetables have got increased stated by the government is a totally false. This is the feedback of the long term activities which was made political.

United National party parliament member and Economy Expert Dr.Harsha De Silva notified that changes should be made in the system of measuring inflation.

A media briefing was held at the opposition party leader's residence yesterday, and he made these statements.

He said, daily the prices of vegetables are getting increased. “We have the price index for two years for 148 varieties of vegetables. According to this, the prices have got increased and reduced for some days”.

Due to rain, drought and floods the prices of vegetables were not got increased. This is a politically based long term activities’ feedback.

Consumers consuming vegetables is like for special days now. People are facing tremendous difficulties due to the increase of prices in vegetables.

The network functioning between the agriculture sector ministries, Agriculture Department and between the market and consumers is not properly maintained. Government has not taken any action to rectify the faults.

Government‘s inadequacy to develop the cultivations in the country, and increasing the prices of vegetables, is similar to giving medicine for headache and stomach pain.

Country is facing 9.8 inflation is notified by the state. But this inflation in which category is charged is not aware. There should be an amendment brought to this system.

UNP Western provincial council member Harsha Rajakaruna while commenting on this said, military interference has got increased in the development of the country.

Military is engaged for all the development assignments like erecting bridge, roads and hotels. Owning to this the private and foreign investments have got affected.

Not only this, factories located in the Investment promotion zones are facing a danger of closure. Hence by originating an atmosphere for the investors, government should take action to develop the country’s economy was mentioned by him.

Saturday , 02 February 2013

Towards A New Sri Lankan Constitution For Natural Justice

By Jude Fernando -February 2, 2013

The period that we have before us comprises the most motley mixture of crying contradictions: constitutionalists who conspire openly against the constitution; revolutionists who are confessedly constitutional; a national assembly that always wants to be omnipotent and always remains parliamentary; an executive power that finds its strength in its very weakness and its respectability in the contempt that it calls forth…Thus so long as the name of freedom was respected and only its actual realization prevented, of course in a legal way, the constitutional existence of liberty remained intact, inviolate, however mortal the blows dealt to its existence in actual life. (Karl Marx, Eighteenth Brumaire of Napoleon)

We should cautiously welcome and proactively engage with the Sri Lankan Government’s latest interest in creating a new Constitution to address the pressing needs of today’s society. Sri Lanka’s governments since 1972, have been infamous for enacting constitutional reforms, both during and immediately after economic and political crises, then conveniently forgetting about them once the crisis no longer appear to threaten the legitimacy of the state. The reforms that were implemented merely emasculated many institutions vital for democracy. What resulted were gross violations of the independence of the judiciary and calamitous setbacks to the rule of law. In addition, reforms led to a culture of impunity, with power concentrated in the hands of a few who do not hesitate to seek the connivance of the servile legislation to fulfill whatever wish they had. Recently, the chief justice was impeached against the order of the nation’s highest courts and advice of local and international legal community; many observers referred to this act as the end of constitutional governance in Sri Lanka.

As recent history has clearly demonstrated, we must recognize that undemocratic constitutional measures enacted, ostensibly for purposes of political expediency or as a necessary evil to ‘save the country’ at one moment, often plunge it into crisis at another. The nation thus finds itself imprisoned in a vicious cycle of “reform”, whereby the threat of anarchy is used as an excuse to institute authoritarianism and suppress the real economy and democracy.

State Repression With Focus On War Crimes

By S. Ratnajeevan H. Hoole -February 2, 2013

Prof S. Ratnajeevan H. Hoole

Crooks Pronouncing CJ Crooked

Sadly the CJ impeachment protests within Sri Lanka have become a whimper. Income tax officials suddenly pursuing the CJ is probably because someone vindictively asked them to. As Dharisha Bastians’ midweek column notes, President Rajapaksa informally constituted a three-man committee which debunked the three charges on which the PSC had pronounced guilt.

And yet, the President acted on that debunked finding by his parilamentarians described by Ranjan Ramanayake, MP, as consisting of cattle thieves, ganja dealers, gold chain snatchers in trains, and one joining his mistress to burn his girl friend and another killing Buddhist Monks at Arantalawa. Ramanayake might have added many others too such as UNP-ers involved in the 1983 cleansing and now with Rajapaksa.

Before we could recover from a President who rules us with his pack of crooks in parliament pronouncing guilt on a CJ cleared by the President’s own independent experts, it became evident that the President had lost track of reality – he told newspapermen at Temple Trees that the impeachment had done good to the country rather than damage it!

Foreign Interest, Tamil Hope

Even if Sri Lankans refuse to rise up against tyranny, there were signs that foreign powers would. Almost as soon as the President claimed positive effects from the impeachment, US Deputy Assistant Secretary of State James Moore announced that they will deliver a sharp public rebuke to Sri Lanka at the UNHRC in March for failing to pursue those responsible for abuses in 2009 and that “the impeachment of the chief justice contributed to the decision to ensure that the record (against Sri Lanka) stays fresh in Geneva.”

A new confidence among previously forlorn Tamils was visible when Tamil refugees in Mullaitivu defied the intelligence services to meet an Australian opposition delegation and tell them their woes. A three-member U.S. delegation which called for the prosecution of soldiers suspected of killing civilians, met Tamil leaders in Jaffna who say the delegation was quite explicit that they are serious about UNHRC action. Showing the deterioration in its relationship with the government, the delegation was openly expressive in its meetings with TNA, Church and local government representatives of its regret that the government had not acted on theLLRC report and views that Tamils’ situation had recently deteriorated precipitously.

These developments gave hope and relief for Tamils looking for an end to their troubles. Appropriately parliamentarian Arianenthiran successfully conducted several meetings in the East to remember the over 100 civilians murdered by the army in Kokkadichcholai on 28.01.1987, one of a series of calamitous government actions that India could not ignore and led to the 1987 intervention. India which has a legitimate interest in the welfare of Tamils must forcefully join the US in the upcoming sessions and not water it down. Minister Ranawaka’s removal from Power and Energy may be to please India over his obstructing the 500 MW Sampur power plants and influence her UNHCR stand. India surely is too wise to not see the ruse after years of obstruction.

In further signs of chaos, even as the Defence Secretary, receiving the recommendations of the Army under the National Action Plan, claimed that no surrendering LTTE-er disappeared, Minister Vasudeva Nanayakkarasaid that based on evidence received by the LLRC such disappearances cannot be denied. With Defence denying the obvious and a purporting Chief Justice who defended the government’s dark record in Geneva, any war crimes inquiry by Sri Lanka has no credibility. The UNHRC must take over.

Rising Intolerance

As Tamil hopes rise, so does Sinhalese intolerance. Ellawala Mettananda Thero betrayed his arrogance towards Veddas – the national anthem in Tamil is totally unacceptable because the uncivilized languages of jungle-men would also need to be accommodated, he argued. Encouraged by Presidential attitudes, a Rs. 650,000 statue of Virgin Mary which had been installed on the 26th in Avissawella, was set ablaze on the 28th. Seventy-five Sinhalese families were settled in Murungan with funds from the People’s Bank. The Government withdrew some Rs 560 million allocated for the Northern Province only from TNA-controlled local councils, to be spent by Governor Chandrasiri.

Students from Jaffna and the University Teachers’ Association President have gone quiet after the former’s arrest and the latter’s grilling. MP Sritharan is being worked on; Tamils believe that so called pornography and explosives found in his office were planted. A panicking government seems to be going after their parliamentarians who did not vote for the impeachment. An ejection from government may be the best thing for such principled people who lost their conscience after joining the government.

Jaffna Library

With strengthened communalist determination there is now an attempt to rewrite history. How the Jaffna Public Library was burnt down is undeniable. According to the Presidential Truth Commission on Ethnic Violence (1981-1984), it was a wanton criminal act committed by a contingent of policemen who had been in Jaffna in connection with the DDC elections (Para 70). Rajapaksa himself in 2006 fingered the UNP. According to Rajan Hoole’s book The Arrogance of Power, Gamini Dissanayake, Cyril Mathew, Festus Perera, G.P.V. Samarasinghe, Chandrananda de Silva, and Colonel Dharmapala were present. Many policemen were brought into Jaffna under DIG Edward Gunawardene who organized the burning. Gamini Dissanayake (who threatened “If India invades this country, the Tamils will be killed within 24 hours” and had declared that “the leader of the Naxalites is Vijaya Kumaratunge”) addressed the election staff. He told them, narrates the book, to close the polling booths at 10.00 AM and cast the remaining votes, and when an innocent underling asked “For whom should we cast them?” Dissanayake replied, “Why, to the animal [the Elephant] of course!”

Yet, just a fortnight back at a grand ceremony, based solely on the memoires of the very man named for leading the police arson, Edward Gunawardene, the blame was shifted to the Tigers who were still insignificant in 1981. Apologies were offered by the avuncular Carlo Fonseka, Kumaratunge’s favourite uncle, for having thought Gamini Dissanayake guilty.

Gunadasa Amarasekera, while rewriting history, thanked Gunawardene for defending the Sinhalese and claimed a heritage that honored honesty and integrity, and defended justice. Amarasekera was following the government’s pattern – after killing 70,000 Tamils in Mullivaikal, forming a PSC to promote inter-religious and inter-communal harmony! Spokesman Keheliya Rambukwella’s warning of severe action against those disrupting communal harmony, given the government’s own behavior, is really a warning to minorities that any protest against government communalism will be punished as communalism.

Presidential Advisor on English and IT, Sunimal Fernando’s plans for a trilingual Sri Lanka when Tamils cannot record a statement with the police in Jaffna in Tamil as already provided in law, will mean Sinhalese being pushed down Tamil throats further – as when Governor Chandrasiri ordered the Madhu Zonal Education Office sign to be redone with Sinhalese preceding Tamil.

Ripping Off Bare-bodied Priest

Jaffna is a posting for Sinhalese to lord it over Tamils like the Governor – and lucrative too. When a policeman was killed during the war in Jaffna, an ASP was assigned to take care of his personal effects which he found to include very large sums of money in his mattress. Today money can be made without any personal danger. News-reports state that in Ariyalai East, contractors carry away 25 tractor-loads of sand for a fee of Rs. 10,000 to soldiers. The land is denuded. In these circumstances DIG-North Eric Perera’s statement that crime in the North is out of control and he is taking action seems disingenuous – his men never respond when telephoned upon seeing the tractors.

Further, Sinhalese together with health authorities are making good money threatening fines for puddles and unhealthy tea boutiques. Shocking was the Rs. 30,000 fine on a Hindu Priest at the Puththoor Junction in Meesaalai. A clean Priest, many go to him on special religious occasions asking him to cook their auspicious foods. His offence was cooking bare-bodied without a chef’s hat. However, I recall the Iyer at Temple Trees (usually Babu Sarma) cooking Pukkai for the President on Pongal, barebodied and without a chef’s hat.

Post Script: PC North Elections due in September pose a problem. Douglas Devananda not contesting for the CM post would be cowardly, but if he gives up his ministerial post and contests, defeat is certain and he would be diminished. Returning to cabinet as a defeated provincial candidate would be awkward. In solution, he has just announced his wanting to contest and the President has said he cannot afford to lose Douglas from the cabinet. Either way, what they do would be interesting to watch.