The Rise Of Red-Robed Islamophobia In Sri Lanka

By Lewis Garland -April 16, 2013 

Lewis Garland

A year ago this week, on 20 April 2012, a 2,000-strong mob led by Buddhists monks stormed a mosque in Dambulla, central Sri Lanka, during Friday Prayers. They damaged both the building and property within it, including religious artefacts and texts. The Mosque had already been fire-bombed the previous evening. The mob claimed that the Mosque was situated within a sacred Buddhist area and had been constructed illegally. The reality was that the Mosque, a small, corrugated iron structure reachable only via a narrow path, barely visible from the street, had been used by the local Muslim community for over half a century without question or incident.

I was living in Sri Lanka at the time and after visiting the site of the Mosque a few days after the event, I began to follow the repercussions of the incident. What I found most shocking was that these attacks seemed to occur not only with absolute impunity but with at least some degree of official support. These attacks were committed in the presence of the police and yet no action was taken to apprehend the culprits. Moreover, two days after the incident, an order came from the Prime Minister for the Mosque to be demolished.

One year on, such instances, coupled with muted official responses, have long stopped being shocking and have become an insidious norm. Anti-Muslim fervour is now rife among the majority Sinhalese population, stirred and fed by the firebrand propaganda of extremist Buddhist-Sinhalese nationalist groups such as theBodu Bala Sena (BBS) – The Buddhist Strength Force.

Since the Dambulla incident, Sri Lanka’s Muslim community have been subjected to repeated attacks, including rotten meat being thrown into mosques during prayers, mosques being tagged with obscene graffiti, death threats, arson and Muslim-owned businesses being vandalized by marauding mobs. These attacks briefly reached international attention in March 2013 after footage emerged of a monk hurling stones at a Muslim-owned clothes shop in Sri Lanka’s capital, Colombo, in full view of the police and media.

These attacks have been driven by a series of high-profile hate campaigns targeting Sri Lanka’s Muslim community and their practices. As Javid Yusuf, founding  Secretary General of the Peace Secretariat for Muslims in Sri Lanka explained to me, the BBS have manufactured ‘distrust of the Muslims among Sinhala Buddhists by spreading untruths, half truths and lies among the populace’. These have included advocating a ban on both Hijab and Halal meat certification and campaigns encouraging the Sinhalese community to boycott Muslim-owned shops and businesses (based on claims ranging from the false: that shop-owners have been concertedly converting  their female Buddhist employees to Islam, to the nonsensical: that  shop-owners were giving free miscarriage-inducing sweets to their Sinhalese customers).

The BBS has frequently advocated vigilantism and in one rally which boasted a crowd of over 10,000, the organization’s secretary, Gnanasara Thero, called on followers to become ‘an unofficial civilian police force against Muslim extremism’.

In the midst of this ever escalating Islamophobic sentiment, the Sri Lankan government, whilst not officially patronising the BBS and its associated Sinhala-Nationalist mobs, has shown few signs of disowning the group or taking any serious action against it. The police have been shown, time and time again, standing by as stone-throwing mobs attack Muslims and Muslim property. On the few occasions in which arrests have been publically called for, the accusations have been dropped prior to any arrests taking place. Moreover, the government has bowed to pressure over the Halal issue resulting in an effective ban on Halal certification.

Perhaps more worrying is the increasing evidence linking the BBS with those inhabiting the highest echelons of power. On 9 March 2013 the Buddhist Leadership Academy of the BBS was officially opened by Defence Secretary (and brother to the President) Gotabaya Rajapaksa with the ominous words: ‘The venerable monks always came forward to protect our country, race, religion and culture.’

The extent of the Sri Lankan government’s complicity in whipping up Islamophobic sentiment remains unclear. However, what is clear is that the government is acutely aware that supporters of the BBS make up a core element of its primarily Sinhalese-Nationalist support base and as a result is willing to pander to the group’s increasingly repugnant demands.

What is also clear is that these venomous attacks on the Muslim community have opened new wounds in a country still riven by deep inter-communal divisions and distrust after 27 years of civil war. In Javid Yusef’s words, there is now a ‘fear psychosis among the Muslims… relations between the [Sinhalese and Muslim] communities have been dented to such an extent that a great deal of work has to be done to repair the damage.’

Lewis Garland is freelance journalist and social justice activist. He has written on a range of issues including the rights of asylum seekers and returnees and post-conflict reconciliation in Sri Lanka. He previously worked for the International Centre for Ethnic Studies, Sri Lanka. This article is first appeared in New Internationalist Blogs.

Twitter @lewisgarland 

Sobhitha Thera denies planning to contest 2016 presidential polls

April 15, 2013, 7:28 pm 

By Ravi Ladduwahetty

Chief Incumbent of the Kotte Naga Viharaya Ven. Maduluwawe Sobitha Thera yesterday denied that he had plans to contest the next Presidential elections as the Opposition’s common candidate.

"I have no aspirations to contest the Presidential polls as a common candidate, but the movement that I head will choose a candidate in the event President Mahinda Rajapaksa does not abolish the Executive Presidency prior to the 2016 elections, "Ven. Sobhitha told The Island yesterday.

He said that one of the main planks of the Mahinda Chinthanaya manifesto was the abolition of the executive presidency, which had still not been done.

He added that both, Presidents Chandrika Kumaratunga and Mahinda Rajapaksa, had ridden to power on a mandate to abolish the executive presidency but having ensconced in power they had reneged on their promise.

While denying that he himself would come forward as the common candidate, the thera said that whoever was picked as the common candidate would have to pledge to abolish the executive presidency, activate the 17th amendment to the Constitution, which specified the implementation of the Independent Election Commission, Police Commission, Judicial Service Commission and the Public Service Commission, reintroduce the Westminster system of governance based on the first-past-the-post system, reduce the term of Parliament five years and restrict the member of Cabinet ministers to 25.

However, asked who was likely to be the common candidate for the 2016 Presidential polls, as President Rajapaksa was not likely to abolish the executive presidency, the Thera said that no decision had been taken as there was time.

Margaret Thatcher And JR: More Contrasts Than Parallels

By W.A. Wijewardena -April 16, 2013 

Dr. W.A. Wijewardena

Many have sought to draw parallels between Margaret Thatcher, one-time British Prime Minister who passed away last week, with her contemporary in politics, Sri Lanka’s first Executive President J.R. Jayewardene, better known as JR. While there are a few parallels, there are stark contrasts between the two.

Parallels between Thatcher and JR

First, let’s turn to the parallels. Both are said to have left a legacy in their respective countries by changing the course of their future destiny. That change though necessary at the time they introduced it, has not been appreciated by many even when they were in power. Both of them became heads of state after being in politics for many decades. Both headed two rightist parties that had faith in the private sector.

At the time they became heads of state, their respective countries had undergone a disappointing experiment of socialism with an expanded public sector, untenable government budgets, slow economic growth, high unemployment and high inflation. In the UK, inflation had been at around 20% per annum, while in Sri Lanka, though the price index did not show it because of controlled prices, it would have been around that level or even higher when one adds the costs of the black markets, queues and rationing systems to the prevailing controlled prices. Thus, they were compelled by the circumstances of the day to introduce the changes which they did.

Both tamed the trade union militancy which had become a nuisance. They both faced the worst episode of terrorism in the history of their respective countries obstructing the growth oriented strategies they had put into practice.
But the contrasts between the two leaders have been many.

The first contrast relates to the economic ideology they had believed.

JR: The State is the best to run an economy                                    Read More

Does Ven. Sobhitha’s proposal have legs?

by Vishnuguptha-2013-04-14  In my last week’s column I wrote about the Executive Presidency and how its powers have been used and abused by almost all holders of that office leading up to the present President. I also expressed my reservations about the traces of ‘affirmative action’ that the proposed amendment to the Constitution that intends to replace the Executive Presidency is suggesting. I do not wish to dwell on it any further, but wish to state that if no other compromising formula is spelt out and available, I would go with the proposed amendment rather than accept the current Executive Presidency system that has had social, political and economic repercussions on a remarkably progressive scale. However, one must realize that in order to implement the policies and principles of a given political platform, one must make sure that the particular political platform has more than a fighting chance at the polls. Various agendas have been suggested by various quarters at various times during the last two decades, but all these agendas that advocated the abolition of the Executive Presidency system fell flat after the winner took office. In the case of Chandrika Kumaratunge, it was sheer ineptness and lack of desire on her part to depart from her natural tendency to acquire absolute power, while in the case of the present ruler, he gives the unambiguous impression that he is determined to pass down the baton of power to his offspring, if not to his siblings. This was evident in the manner in which the infamous 18th Amendment to the Sri Lanka Constitution was ‘passaged’ through Parliament. On the other hand, the present cry for abolition of the Executive Presidency is a direct result of the incumbent’s desire y to cling on to power at all costs. Against such a bleak backdrop, the current political field has some serious contenders who might have, as was pointed out earlier, more than a fighting chance at the next presidential polls. The following list, consisting of prominent men and women, has been compiled by me after rendering due consideration to various factors that usually ‘matter’ in a national election. Readers must note that the names are arranged in the alphabetical order based on the last name of each candidate. There is no weightage, I repeat, none whatsoever, given to any other factor in the order. Let us examine them one by one. •             Bandaranaike, Chandrika •             Dr. Bandaranayake, Shirani •             Fonseka, Sarath •             Gunasekera, S.L. •             Jayasuriya, Karu •             Venerable Maduluwawe Sobhitha Thera •             Premadasa, Sajith •             Warawewa, W.T.M.P.B. •             Wickremesinghe, Ranil Chandrika Bandaranaike Chandrika Bandaranaike was elected to the office of President of Sri Lanka after the tragic death of the then UNP Presidential candidate, Gamini Dissanayake, slain by the Liberation Tigers of Tami Eelam (LTTE), during the Presidential campaign of 1994. After assuming power under such tragic conditions and disorderly circumstances, and on a platform that promised the electorate that the Executive Presidency would be abolished, it was unfortunate that abolition was the last thing on her mind. Chandrika not only reneged on her electoral pledge, but she also began an era of disorderly pattern of governance and the extent to which she reached out to humiliate and ridicule her opponents surpassed many landmarks set by her predecessors, both J.R. Jayewardene and R. Premadasa. Her rule during the two terms in which she managed to secure herself in the exalted halls of power, had no parallel in all of Sri Lanka’s history. Inefficiency in administration, unchecked waste, appalling sense of punctuality, ‘unpresidential’ language used on public platforms, unleashing the cruel sensitivities of some of her Cabinet Ministers: All contributed to one of the most forgettable governances of the land from King Vijaya downwards. Dr. Shirani Bandaranayake Dr. Shirani Bandaranayake hit the headlines after she was impeached in the most lopsided manner, by the present regime. The sheer travesty that was enacted and displayed in her removal from the office of Chief Justice created many a shock in the Colombo legal circles. The very whispering of her name generated waves and many an observer and listener were sent into hiding for the effects of the fear-psychosis had such drastically alienating influence. Yet, she created an enormous amount of sympathy among the intelligentsia and academics around Colombo and other major town centres. However, the failure on the part of the Opposition to carry the ‘impeachment story’ to the streets and the general masses had a dampening effect on the whole episode. Sarath Fonseka Sarath Fonseka made an unsuccessful attempt at the last Presidential Elections. However, though he lost, he managed to score the highest number of votes for a losing candidate, both as a raw number and a percentage, surpassing all numbers recorded after the present leader of the UNP assumed office. Much has been written about Fonseka and in fact, of all political leaders of today, he stands as the leader who was the most popular, next to President Rajapaksa. S.L. Gunasekera S.L. Gunasekera is a President’s Council and a well-known figure among the Colombo intelligentsia and political activists. The innumerable occasions on which he has shown his guts and courage against all odds have spoken volumes for his determination. The image of unimpeachable honesty and integrity has created an aura around this gentleman and that alone would go a long way to measure him in good stead. The special stand he took in the instance of the impeachment motion against Chief Justice Bandaranayake won him many friends. Karu Jayasuriya and Sajith Premadasa Both Karu Jayasuriya and Sajith Premadasa launched an unsuccessful attempt at displacing Ranil Wickremesinghe from the leadership of the United National Party (UNP). They won many a friend and ally during that time, but it is not clear whether those friends and allies are still there with Karu and Sajith at the moment. The emerging realities of the present day politics might eclipse their stature unless they adapt themselves to a more robust and daring journey in politics. Jawaharlal Nehru said, “Being too cautious could be the greatest risk that one can take,” and in that context, both Karu and Sajith might have to rethink their approach to politics and general strategy. Venerable Maduluwawe Sobhitha Venerable Maduluwawe Sobhitha Thera has shown tremendous courage and leadership in initiating the process of amending the 1978 Constitution. At a time when almost all religious dignitaries have, perhaps with the exception of the High Priest of Malwatte Chapter, chosen to keep mum about the unjust way the government is run and the general mayhem created by the henchmen of the ruling clan, Venerable Sobhitha Thera’s efforts need to be applauded without any qualification. W.T.M.P.B. Warawewa Warawewa came to the limelight solely due to his delivering the dissenting judgment on the infamous ‘White Flag Case’ that was filed against Sarath Fonseka. Coupled with this, his involvement with the drafting of the proposed Constitutional Amendments gave additional momentum to his being talked about as a potential political candidate who could be trusted. Ranil Wickremesinghe Wickremesinghe stands alone as the perennial loser among all these contenders. His lack of leadership qualities and his being identified with the powers that be, has only scorn from the diehard UNP supporters and the middle-of-the-road intelligentsia. Eighteen years in the dump-yard of election-losses do not augur well for a potential contender. His most untimely utterances and unwise political stances taken at critical times have reaped the harvest and the people have taken a decisive stand with regard to this contender. Not paragraphs and chapters but books could be penned about the way in which Ranil has brought down the most celebrated political party of Sri Lanka. Final observations It was only a cursory attempt at identification that was made by me regarding each of these contenders. However, the critical factors that would determine the winner of the Presidential Elections are: 1.            Name Recognition 2.            Visionary Image 3.            Winner Image 4.            Clear principles and policies 5.            Organization 6.            Money 7.            TRUST of the People that the pledge given would be fulfilled. The ultimate deliverable is the abolition of the Executive Presidency and the candidate that is chosen would be judged by the people on the TRUST factor and whether the word given by the candidate in the past has been delivered. The choice is yours.

2013-04-14

The TNA President’s Avurudu Gift To The Sinhala Hawks

By Dayan Jayatilleka -April 16, 2013 |

Dr. Dayan Jayatilleka

It was doubtless in the spirit of the Sinhala-Tamil New Year that the Tamil (ultra?) nationalists presented the Sinhala hawks the gift of a set of exquisitely moronic remarks to the visiting Indian parliamentary delegation. Here we are, with the 13th amendment and provincial level devolution hanging by a thread, the most important state official in the island advocating its abolition and an opinion poll in the Daily Mirror with its sophisticated metropolitan readership showing only 33 % in favour of retention, and what do the Tamil nationalists do? True to form, they disown and denounce the 13th amendment and call for an interim administration outside the Sri Lankan Constitution and supervised by India and/or the UN.

The report by Meena Srinivasan in The Hindu says that: “In Jaffna, where the MPs spent nearly two days, the emphasis was on the need for transitional administration and for India to shed its “obsession with” the 13th Amendment — which followed the Indo-Lanka accord of 1987 — as it was “inadequate”. Civil society groups said starting with a clean slate would work better…Tamil National People’s Front (TNPF) member and lawyer Gajendrakumar Ponnambalam reportedly emphasised that the 13th Amendment was not an adequate starting point in addressing the problems of the Tamils…President of TNASuresh Premachandran said: “We told the visiting MPs that the ongoing genocide has to end here. There are serious livelihood issues prompting Tamils to leave the country. We need an interim administration, overseen by India or the United Nations, until there is a final political settlement for the Tamils.”… One of the BJP MPs asked them if the Northern Provincial Council elections would provide a “window of opportunity.” In response, civil society members are said to have prescribed a “transitional administration” model, outside the current Sri Lankan Constitution, as an alternative, where in Tamil representatives have actual powers in realms of education, health and livelihood issues. “In this model, the Sri Lankan government will also have a role and so will representatives of various communities. If the government is willing to engage with this option, we could work out the modalities,” he said.” (‘Shed Obsession with 13th amendment: SL Tamil Parties to Indian MPs’, The Hindu, April 12, 2013).

Now it was wildly generous of the Tamil civil society representatives to assure the Sri Lankan people that in their proposed model which is an alternative to the 13th amendment, “the Sri Lankan government will also have a role”. Tempting as the offer is, I rather think the Sri Lankan government will – and certainly should– decline to “engage with this option”, as will the overwhelming bulk of the country’s citizenry.

In no country can there be an administrative arrangement outside that country’s Constitution. This does not mean that no alternative models should be explored but they have to be incorporated into the Constitution by means of reform along the lines prescribed by the Constitution. Any model outside the Constitution will by definition be unconstitutional and illegal. The very advocacy of such a model implies that those who advocate it not only have scant regard for the Sri Lankan Constitution but do not respect the need for any Constitutional process and reform either. Hence they are not urging a radical reform of the Constitution but a model which is extra-constitutional. Doubtless they are aware that a reform of the Constitution will require a two thirds majority in the parliament and consent at a referendum. The advocates of a model outside the Constitution and the constitutional process obviously do not care about the democratic principle of deriving legitimacy from the consent of the majority of one’s fellow citizens. It is by means of successive, interlocking referenda that the Good Friday accords were ratified.

Thus the thinking of the advocates of this model is not lost on the reader: manifest here are an utter disregard of the need to convince a democratic majority of the fellow citizens of the island, a refusal to accept Sri Lanka as a single country and to respect the sovereignty of the Sri Lankan state.

Almost as dangerous as the Northern Tamil ‘civil society’ model, and in one sense even more so, because he is a leader of the predominant Tamil political formation, are the views of TNA President Mr Suresh Premachandran who may well be the Chief Ministerial candidate of the TNA at the Northern Provincial Council elections, and thus may well be the next Chief Minister of the strategically sensitive North. It must be recalled that Mr Premachandran was an EPRLF strongman supporting his comrade Mr Vardarajaperumal’s threat of a Unilateral Declaration of Independence (UDI) in 1990, and that was not against a Sinhala–Buddhist Rajapaksaor an SLFP administration but against the manifestly multiethnic, multi-religious, multi-lingual and multicultural President Premadasa and his UNP administration. Old habits die hard.

Apart from the lunatic reference by Mr Premachandran to “the ongoing genocide”—which if it had a tincture of truth, would have drastically foreclosed the possibility of the portly parliamentarian making these remarks to a visiting Indian parliamentary delegation—there is his demand that “We need an interim administration, overseen by India or the United Nations, until there is a final political settlement for the Tamils.”

What is the position of the TNA with regard to its President Mr Premachandran’s statement? Unless and until the TNA and its leader publicly distance themselves from it we must assume that they either concur or do not strongly disagree or are unable to exercise control and will be unable to do so in future.

Clearly Mr Premachandran has in mind a Kosovo type protectorate of the UN and/or India. Equally clearly he has forgotten that Sri Lanka, unlike former Yugoslavia, did not lose the war; it won it. A state that under diverse, successive administrations, and with a war raging, refused this path of capitulation, is hardly likely to treat this demand with anything other than the contempt it deserves. Such a state, a nation and an army are hardly likely to take a second look at these negotiating demands which were last advanced by the late Anton Balasingham.

Merely out of curiosity, what is the “final political settlement” that the TNA’s Mr Premachandran envisages and advocates for the Tamils? For such a political settlement to have to be preceded by “an interim administration overseen by India and the United Nations” and for it to be positioned beyond such an interim administration, it would have to be pretty far out indeed. What is the ‘interim administration’ interim to? There is only one ‘settlement’ that would match that description and that is Tamil Eelam or a Greater Tamil Nadu.

What then should the response of the Sri Lankan State be, under this or any future administration?

The denunciation by the Tamil nationalists of the 13th amendment on grounds of ‘inadequacy’ is the best evidence that it is not, and is not regarded as an adequate platform for their project. Thus the Government can proceed, albeit with alertness, to implement the 13th amendment by electorally activating the Northern Provincial Council as promised and in the time frame promised to our oldest (and wealthiest) Asian friend, Japan. It can also proceed to treat that Council, whatever its composition, transparently fairly and even generously, in a manner credible and convincing to the neighbour and the world community; especially to world opinion. This is the way—and there is hardly another—to regain the moral high ground and replenish some of the ‘soft power’ that we have lost, post-war. The economic costs to us of disappointing Japan are likely to be prohibitive, as the state will have nowhere to run and no one to run to for financial support. If there is manifest adventurism on the part of the radicals in the TNA who may seek to push beyond the Constitutional parameters, the country’s basic law permits the Council to be dissolved, at least until a generation of Tamil politicians are elected who would accept the realities of domestic geopolitics and power.

Both Tamil and Sinhala nationalisms have to be contained and can be contained within the framework of mutuality and reciprocity. Red lines must be drawn above and below, beyond and behind, the existing scheme of provincial devolution. Between the positions of the President of the TNA and the hawks in the South who advocate the abolition of the status quo, lies the Middle Path.

There is of course another, less moderate, prudent and pragmatic way to go. The Hindu reports that the Northern “civil society groups said starting with a clean slate would work better.” It is not without reason that it is counselled that one should be careful what one wishes for. Democracy is such a marvellous thing that the vast majority of the Sri Lankan citizenry may not only agree with the Tamil nationalist slogan of the need to “start with a clean slate” they may also have more than one instrumentality through which to grant that wish. If pushed by Tamil Nadu, the Tamil Diaspora radicals, the TPNF and the TNA militants, a clean constitutional slate, ‘cleansed’ that is of the existing provisions for provincial devolution, could well be the wedge issue that the next election is fought on, just as Sinhala Only was at the historic elections of 1956. The Opposition as it is currently led will get creamed far worse than Sir John Kotelawala did then, particularly with a candidate who is seen to have all of Sir John’s deracinated ideological and socio-cultural negatives and none of his macho-militarist positives. The abolition of the 13th amendment is likely to be used as a defining electoral slogan as the centre of gravity within the regime and its ruling troika continues to shift to the Neo-con hard Right; a creeping displacement which may impact on the choice of candidacy. The Sinhalese also have an Option B for an electoral backlash and ‘clean Constitutional slate’ with devolution resolutely rolled-back back to Year Zero: after all, there’s always the General.

Less from the US

By Sulochana Ramiah Mohan-2013-04-16 Economist and UNP MP, Dr. Harsha de Silva, yesterday described as 'unfortunate' the proposal by US Secretary of State, John Kerry, for a 20% cut in aid to Colombo, especially as the USA is important to Sri Lanka and was crucial in helping the government overcome the Liberation Tigers of Tamil Eelam (LTTE). "The Government of Sri Lanka said it doesn't matter much, because the amounts cut off are very small. But it is the thinking which matters – it doesn't matter whether the amount is big or smalless. It is the US who dried up the LTTE's global funding by banning the organization. They also shared their military intelligence with us, which helped us win the war," he told Ceylon Today. Dr. de Silva also pointed out that the USA is Sri Lanka's most important trade partner, as it purchases 40% of the apparels produced by the country. "We have to look at the USA as a friend of Sri Lanka," he said, adding that whether we like it or not, there is American influence in most of Sri Lanka- from carbonated drinks to iPhones and iPads. He also stressed the importance of needing to build bridges between the two countries, and for Sri Lanka to have a coherent foreign policy. John Kerry's proposal to impose a 20 per cent cut in aid to Colombo, is seen as a move that reflects the unease in the US-Sri Lanka ties over issues related to human rights, reconstruction and political integration in Sri Lanka after the end of the civil war. The Press Trust of India reported: In actual term, Kerry has proposed a US$ 11 million in aid to Sri Lanka, which, according to a senior State Department official, is a "drop of 20%" from the actual spending in the 2012 fiscal. "This reflects both the fact that we had a difficult time in programming a lot of our money in Sri Lanka. We tried to do a lot in the North to help the IDPs and get back to their normal life and support reconstruction efforts there. But in several cases we had programmes that we were trying to support, to which the government - the military - got quite involved in them and so we were not able to pursue those programmes," a senior State Department official told PTI. "So we made a decision that Sri Lanka as a middle income country, and in a country where we are having difficulty in programming, is a place where we should probably cut a lot of own resources," the official told requesting anonymity as he was not authorized to speak to the press. While the actual US development assistance to Sri Lanka in 2012 was US$ 8 million, Kerry has proposed about US$ 6 million for 2014. He has proposed similar amount of development assistance to Bangladesh from US$ 81.6 million in 2012 to US$ 80.9 million in 2014. Kerry has proposed substantial increase in US aid to Maldives - Sri Lanka's neighbour. Majority of the US fund to Sri Lanka would go into key projects related to judicial reform, and increasing Maldives counter-terrorism efforts. "India and the US are working closely on Maldives," the official said. Noth Deputy Minister of Finance and Planning, Dr. Sarath Amunugama and Mass Media and Information Minister, Keheliya Rambukwella, were unavailable for comment even though Ceylon Today called several times. US aid cut no bearing on Sri Lanka – A Senior Official  Tuesday, 16 April 2013  A senior Sri Lankan official commenting on the US aid cut to Sri Lanka said that it had no bearing on the country’s economy as Sri Lanka has already attained the status of middle income economy with per capita economy. A High ranking Sri Lankan senior official who wish to be anonymous said that US aid reduction to Sri Lanka and India reflects the continued economic trends in the US and it has no impact on the US $ 59  billion Sri Lankan economy as its Per Capita income has doubled to US Dollar 2,836 in 2012.  US Secretary of State John Kerry has proposed a 20 per cent cut in the American aid to Colombo In actual term, Kerry has proposed a USD 11 million in aid to Sri Lanka, which, according to a senior State Department official, is a "drop of 20 per cent" from the actual spending in the 2012 fiscal. US Secretary of State John Kerry had also proposed a 16 per cent cut in the American aid to India. In 2010, the United States aid to India was $126.7 million, which drooped to $121.6 million in 2011 and $108 million in 2012 and was proposed to $98.3 million in the current fiscal of 2013, which ends on September 30. "This reflects both the fact that we had difficult time in programming a lot of our money in Sri Lanka” foreign media reported quoting US sources. “Yes US is having its own problems to solve as it has to tackle the terrorism in its own soil” quipped the Govt official referring to the Two explosions ripped through the Boston Marathon's crowded finish line Monday afternoon, killing at least three people and injuring more than 141. Speaking from the White House, a somber President Obama said people should not speculate over who was responsible. "We still don't know who did this or why. People should not jump to conclusions before we have all the facts. But make no mistake. We will get to the bottom of this. We will find out who did this. We will find out why they did this. Any individual or responsible groups will feel the full weight of justice."  "So we made a decision that Sri Lanka as a middle income country, and  that is a place where we should probably cut that have a lot of own resources," the official told requesting anonymity as he was not authorized to speak to the press. While the actual US development assistance to Sri Lanka in 2012 was USD 8 million, Kerry has proposed about USD 6 million for 2014. Kerry has proposed similar amount of development assistance to Bangladesh from USD 81.6 million in 2012 to USD 80.9 million in 2014. Majority of the US fund to Sri Lanka would go into key projects related to judicial reform -hsn

Full Text Of The Petition: Propriety Of Conduct Of Chairman, Bribery Commission In Question

By Colombo Telegraph -April 16, 2013 

The Commission to Investigate Allegations of Bribery or Corruption is required to carry out a key task. The elimination of corruption and impropriety in public office by using the legal powers given to it by law. It has an investigative arm and a prosecution arm which give it serious muscle by law.

Jagath Balapatabendi

However, several political commentators and legal experts contacted by The Colombo Telegraph, effectively emphasized that in order for such a Commission to achieve its desired objective of eliminating corruption, it is necessary for the Commission to be free of political interference. Such freedom is absent, after the 18th Amendment to the Constitution, which repealed the safeguards created by the 17th Amendment. At the moment, all appointment to key judicial and public offices is made at the sole whim of the Executive President (Mahinda Rajapaksa). There is a ‘Parliamentary Council’ created to give the President its views on the suitability of nominees, which has no teeth and can make no binding decision or veto. It is widely condemned as a mere cosmetic constitutional device of no functional use.

In this situation, the integrity and reliability of holders of the highest offices is often called in question. Appointed by political patronage to the Rajapaksa Regime, many key public and judicial officers blatantly engage in various types of conduct which are against international norms of integrity and propriety. According to a key political commentator spoken to by The Colombo Telegraph, they do so, secure in the knowledge that the Rajapaksa Regime will protect them, as long as they remain faithful and do the regime’s bidding.

Serious concerns have been raised in recent times that the Bribery Commission is now being abused to intimidate and harass political opponents and falling out of grace with the Rajapaksa Regime.

In this background, the latest scandal is the revelation that retired Supreme Court Judge D. Jagath De S. Balapatabendi who as Chairman of the Bribery Commission is required to be independent of involvements or interests in relation to private sector companies, has acted as an arbitrator in a commercial dispute. The propriety of his functioning simultaneously as an arbitrator while being Chairman, Bribery Commission has been challenged, in a petition to the High Court of Colombo on the grounds that it is contrary to public policy.

In Case No. HC (Civil) WP 64/2013/ARB, the Petitioner (Delmege Forsyth & Co. Ltd.), seeks to have an award made on 20th February 2013 by a private arbitral tribunal presided over by Rtd. Justice D. J. De S. Balapatabendi after hearings conducted while holding the office of Chairman, Bribery Commission set aside. It is urged that the award is perverse and requires to be set aside as being contrary to public policy.

Here is the full text of the Petition, which is self-explanatory:

IN THE HIGH COURT OF THE WESTERN PROVINCE

SITTING IN COLOMBO

IN THE EXERCISE OF ITS CIVIL JURISDICTION

YCC EXPORTERS LIMITED

No. 133/8, Gothami Road

Rajagiriya

                                    CLAIMANT

                                                                                                            Vs.

DELMEGE DISTRIBUTORS (PVT) LTD.

No. 101, Vinayalankara Mawatha

Colombo 10.

                                    RESPONDENT

                        AND NOW

In the matter of an Application to set aside Arbitral Awards in terms of Section 32 of the Arbitration Act No. 11 of 1995

DELMEGE FORSYTH & CO. LTD., with which Company DELMEGE DISTRIBUTORS (PVT) LTD., is nowamalgamated with,

and of No. 101, Vinayalankara Mawatha

Colombo 10.

                    RESPONDENT-PETITIONER

H.C. (Civil) WP Case No. 64/2013/ARB                                           Vs.

YCC EXPORTERS LIMITED

No. 133/8, Gothami Road

Rajagiriya

                    CLAIMANT-RESPONDENT

On this 5^th day of April 2013                              Read More

SHIRANI THILLAKAWARDENE SWORN IN AS ACTING CJ

April 16, 2013 

Supreme Court Judge Shirani Thillakawardene was sworn in as the Acting Chief Justice before President at Temple Trees a short while ago, the Government Information Department stated.

Contradicting statements of government concerning �Udayan� attack Tuesday , 16 April 2013 Government sector is revealing contradicting statements concerning the attack incident carried out against "Udayan" Contrary to the opinion  given by Director General of the Media Center for National Security (MCNS), Lakshman Hulugalle , Media Minister Keheliya Rambukelle  made the below statement.  Sri lanka government has ordered for a detailed investigation concerning the attack carried out against "Udayan" press, to locate the offender and to produce in court. Minister Keheliya said, Inspector General of Police had been ordered to take adequate measures concerning this. He said further, President has shown his deep concern, to take immediate action concerning this attack; an order has been given to him. Meanwhile, within hours after the attack, Director General of the Media Center for National Security (MCNS), Lakshman Hulugalle said that initial Police investigations into the attack on the “Udayan” office in Jaffna had revealed that it was an 'inside job'. However Keheliya mentioned, investigations are carried out and attackers are not found. Concerning this attack, the government sector is revealing contradicting statements. Tuesday , 16 April 2013 Refrain from giving false news

By Chrishanthi Christopher-2013-04-16 Tamil National Alliance (TNA) MP and Proprietor of Uthayan newspaper, E. Saravanapavan, yesterday called on the Government's Media Spokesman, Minister Keheliya Rambukwella, to refrain from giving false news to the media. He was referring to Rambukwella's comment that the damage to the Uthaytan office was insignificant, and that the media office is continuing to print as usual. Saravanapavan said the Uthayan is in circulation as usual but with lesser pages as their web off-set machines had been razed to the ground. "Our web offset machine had been torched completely, and now we are doing alright with the sheet spread machine," he said. The newspaper has lesser pages, with the number being reduced from 32 to 12. Referring to the statement by the Director General of the Media Centre for National Security, Lakshman Hulugalla, that the incident was an inside job, Saravanapavan charged that the Sri Lankan Police are very adept in closing down investigations based on 'guessed intelligence.' He added the Sri Lankan Police' only ability is to close investigation within hours of commencing the same, and give a reason as to what would have caused of the incident. He said the police officers who had visited the scene of the incident had completed the investigation within hours and had concluded that it was an inside job. "The incident took place around 4.00 a.m. and by 10.00 a.m. the investigation was over," he said. Saravanapavan averred the government thinks all the people around them are fools. "The President is surrounding himself with the wrong people and one cannot expect justice in such an environment," he said. Referring to the allegations that certain elements are trying to tarnish the image of the country, Saravanapavan said the government has adopted this ploy several times. He said that in 2006 too the Uthayan paper had come under attack, at the time the International Journalist Forum was on in Colombo. "Then too the government had come up with the same jargon. When masked gunmen entered the office, killed two people and injured eight others, the government said the same thing," he recalled. "If that is true, why is the Uthayan paper being the target, and why not any other paper?" he asked. He claimed that the Jaffna administration is under three entities – the Army, the Eelam Peoples' Democratic Party (EPDP), and the Governor of Jaffna, and that the people are scared of the administration. "The Army in Jaffna is involved in all administrative work and Maj. Gen. Hathurusinghe is behaving like a politician." Saravanapawan while wandering whether the President is aware of the happenings in Jaffna, said he is not against the government.

2013-04-16