Friday, June 7, 2013

Video: Sumanthiran In Parliament On Media Freedom

June 7, 2013

M. A. Sumanthiran, Member of Parliament (TNA) speaks in Parliament, highlighting the need for the government to take honest steps to protect journalists and ensure media freedom.

Sumanthiran says that the manner in which the government fails to take steps to investigate and arrest those causing violent physical attacks on media institutions, clearly points to the conclusion that it is carried out by agents of the government. He cites as an example, the way in which the “Uthayan” newspaper has been attacked. Uthayan is the only regional Tamil newspaper in Jaffna. He accuses the government of sending ‘military goons’ to attack the Uthayan newspaper.

The fact that such physical attacks are accompanied or followed up by vilification/slander campaigns by state controlled media such as the Daily News is even more unacceptable, adds Sumanthiran. He blasts certain statements made by Major General Hathurusinghe against ‘Uthayan” as most inappropriate, and draws to the attention of the House that this is an individual who has been named by the Leader of the Opposition (not once but several times) for running private militias in Jaffna.

Sumanthiran strongly condemns what he describes as ‘hate speech by the government .. backed up by actual physical attacks’ and says the government MPs have no shame, and all they can do is shout and make a noise. He throws a challenge to the Media Minister to properly reply to his charge that the government is acting improperly in relation to media freedom and abusing state media day after day.

He urges the government to take genuine steps to vindicate acts of violence against media and makes the point that this failure has resulted in Sri Lanka being noted internationally as a place in which safety of journalists are in danger.

The Colombo Telegraph which is run from outside Sri Lanka is able to publish the full speech, which has not been published to date by the media physically based in Sri Lanka.

Tamil Eelam: Reimagining Independence

By Satya Sivaraman -June 7, 2013

Satya Sagar

Throughout human history the quest for colonial power by various social, ethnic or national groups has always been met with fierce resistance from those they have sought to conquer and subjugate. While the idea of the ‘nation’ and the shape of the ‘state’ meant to govern it have varied over time and from place to place, the dream of an independent homeland has sparked countless struggles, both heroic and tragic, around the world.

In modern times the dismantling of European colonialism in Asia, Africa and Latin America led to the formation of countless new nation states and membership of the United Nations has grown from a mere 51 countries in 1945 to 193 currently. Today, the Right to Self-Determination is a well-established principle in modern international law, emphatically stating that nations based on respect for the principle of equal rights and equality of opportunity have the right to freely choose their sovereignty and international political status with no external compulsion or interference.

Tamil Eelam Reimagining Independence by nelvely

"Ravi Karunanayake raises an issue if privilege in Parliament on state controlled ITN news"

Thursday, June 6, 2013

Hon. Speaker,
I wish to raise an issue of breach of privilege, where my reputation as an honorable member of this august assembly is at stake. I have been a Member of Parliament continuously for over 19 years & at no time I have behaved in a manner that has brought disrepute to myself or the position I hold.
The Independent television Network (ITN) news broadcast has been carrying out a well orchestrated vilification campaign against me as an MP as well as a law abiding citizen of the country.

Parliament on State Controlled ITN News by nelvely

Why The BBS Buddhists Are Protesting Halal

By Mza.zakky –June 8, 2013

Mza.zakky

A Buddhist monk named Bowatte Indraratana died at Colombo National Hospital over the weekend after setting himself on fire Friday near the famed Temple of Buddha’s Tooth Relic in the central town of Kandy. The 30-year-old was the first monk to self-immolate in Sri Lanka.

It is a bad issue for all Sri Lankans. Even somebody says his action is good, but in commonly suicide is very harmful for human nature. We all have born to live not for die.

It was with much confusion that I followed the recent protests by some in the Buddhist community against Muslims, the Sri Lankan Halal Certification Authority and slaughtering cattle. I mean, do these guys of the “Bodu Bala Sena” really realize what they are protesting against? Or what actually Halal is? And don’t these guys who proclaim to safeguard, protect and fight for Buddhism understand that Lord Buddha himself repeatedly taught his disciples the importance of a pure mind and soul? And that in Islamic terms is what Halal is about??

Why the BBS Buddhists Are Protesting Halal by nelvely

Sri Lanka to water down Tamil power-sharing plan

COLOMBO — Sri Lanka plans to reduce the power of local councils before the first-ever provincial elections in the island's former war zone, a leading politician said Thursday, in a bid to deny minority Tamils greater autonomy.

The ruling coalition promised to share limited power with Tamils, pointing to elections to local councils, after the military crushed separatist Tamil rebels in May 2009 and ended 37 years of ethnic bloodshed.

President Mahinda Rajapakse's government has so far not held elections in the Tamil-dominated north.

Under pressure from India and Western governments, it has set local elections for September -- prompting a move to reduce the power of the provincial councils.

Members of the coalition met on Tuesday to discuss the plan, a senior ruling party member told AFP on condition of anonymity.

"The party leaders agreed to amend the 13th amendment," the leader said.

The 13th amendment of the constitution granted limited autonomy to provincial councils.

Sri Lanka adopted a de facto federal system in 1987 but never held elections in the northern province, which continued to be ruled directly by the president. Councils have, however, been functioning in Sinhalese-majority areas that Rajapakse's party controls.

Defence Secretary Gotabhaya Rajapakse, who is the president's brother, has publicly declared that holding the northern election without reducing council powers could undermine national security and territorial integrity.

The councils were established in line with an agreement with neighbouring India, which promised to rein in Tamil separatists on its soil provided Colombo shared political power with the Tamil minority.

An independent Colombo-based think-tank, the Centre for Policy Alternatives, said the government's proposed move showed it had failed to grasp the roots of the ethnic conflict.

"This unilateral act by the government to completely negate the existing devolutionary framework would be an historical mistake," the centre said in a statement.

Sri Lanka is under international pressure to promote ethnic reconciliation and investigate allegations of war crimes by its forces in the final stages of crushing Tamil Tiger rebels.

It has denied allegations that up to 40,000 civilians were killed during the bloody finale to the conflict.

JVP insists on scrapping Provincial Councils

By Dasun Edirisinghe-June 6, 2013,

The JVP yesterday urged the government to scrap the 13th Amendment to the Constitution and do away with provincial councils without wasting time in making amendments to the existing Provincial Council Act.

JVP Propaganda Secretary Vijitha Herath told The Island that the government’s draft amendment to the Provincial Council Act had been postponed for two weeks, when it was presented to the Cabinet yesterday.

He said that the proposed amendment would only pave the way for passing something at the provincial council level even though it could not be passed by a council.

Herath said that, for example, when the impeached Chief Justice Dr. Shirani Bandaranayake ordered that the approval of Provincial Councils had to be sought before taking up the Divi Neguma bill in Parliament, it was asked how the approval of the Northern Provincial Council could be obtained as there was no sitting council.

According to the new amendment, it was not necessary to obtain the approval of all provincial councils, but the approval of a majority out of the nine provincial councils was enough to present it in parliament, MP Herath said.

The Gampaha District MP said that the Provincial Council system set up on the Indian model had failed to be a solution to the national issue.

"We have been against the PC system since the inception and our stand on that remains the same," Herath said, adding that first of all the government had to abolish the provincial council system and thereafter it should look after the needs of Tamil people in the Northern and Eastern Provinces without further delay as four years had already passed since the defeat of terrorism.

Taking The Sacred Road To Justice And Humanity

By Shanie -June 8, 2013

They walked this road in seasons past
When all the skies were overcast,
They breathed defiance as they went
Along those troubled roads of Gwent
They talked of justice as they strode
Along this crooked mountain road
And dared the little lords of Hell,
So that the future should be well
Because they did not count the cost
But battled on when all seemed lost
This empty ragged road shall be
Always a sacred road to me.

Idris Davies (1905-1953)

A couple of weeks ago, many were taken by surprise when in a suburb of Stockholm, the capital of Sweden, hundreds of young people rampaged through the streets in some of the worst rioting the city has seen. For nearly a week, stone-throwing mobs clashed with the Police and, indiscriminately as in all mob violence, attacked public and private institutions, including shops and schools. The clashes were sparked off by the Police shooting dead of a Portuguese immigrant who was apparently wielding a machete in the suburb. The anger was over alleged heavy-handedness by the Police in dealing with crime in immigrant neighbourhoods.

Rajapaksa and the de facto CJ

Taking the Sacred Road to Justice and Humanity by nelvely

President Rajapaksa in Tactical Retreat as Rauff Hakeem Protests Courageously at Cabinet Meeting Against Move to Amend 13th Constitutional Amendment.

D.B.S.JEYARAJ-7 June 2013

In a remarkable display of political courage rarely seen among members of the Rajapaksa Government in recent times,Justice minister and Sri Lanka Muslim Congress leader Rauff Hakeem, has protested strongly against President Mahinda Rajapaksa’s controversial move to circumscribe devolution by amending the Constitution.

President Mahinda Rajapaksa declared open a DNA Department with state of the art facility, Pelawatte, Battaramulla on the invitation of SLMC Leader and Minister of Justice Rauff Hakeem on

President Rajapaksa in Tactical Retreat as Rauff Hakeem Protests Courageously at Cabinet Meeting Against Mo... by nelvely

13th Amendment: Unaddressed Issues

By V.Sivayogalingam -June 7, 2013

Dr. V.Sivayogalingam

Prof. Sivayogalingam passed away day before yesterday. He was a Senior Lecturer attached to the Department of Political Science of University of Peradeniya, passed away day before yesterday. Last week he has sent couple of his articles to CT. One article; “Muslims Are The Present Target Group For Sinhala Hegemonic Nationalists” was published last week. We publish below another article by him

13th Amendment Unaddressed Issues by nelvely

Govt. moves to dilute 13th Amendment

June 7, 2013

Amendment proposals before Cabinet yesterday
President provides one-week time frame for UPFA constituent allies to present views on amendments
Amendments allow Govt. to obtain merely majority council support for legislati on affecting powers of PCs
Prevent merger of provinces by proclamation
Rambukwella says amalgamation provisions must be removed because provinces could merge to threaten the central authority
Political analysts say amendments will render legislative devolution set out in 13A meaningless

By Dharisha Bastians
In what devolution proponents have called a ‘historic mistake,’ the Government yesterday proposed two major amendments to the 13th Amendment to the Constitution that establishes provincial councils and sets out their jurisdictions, to prevent the amalgamation of provinces and limit the ability of a provincial administration to dissent against legislation enacted by the Central Government.

The two proposals to amend Article 154(G)(3) of the Constitution will permit the centre to pass legislation in relation to subjects in the Provincial Council List by a simple majority provided that a majority of PCs agree to the proposed legislation and to repeal Article 154(A)(3) which allows Parliament to provide for two or three adjoining provinces to form one administrative unit were put before the Cabinet of Ministers during a meeting yesterday, Cabinet Spokesman Minister Keheliya Rambukwella said.
He added that in place of the two-thirds majority now required in Parliament to enact legislation that could not achieve the unanimous consent of the provincial councils, the new amendments would reduce the parliamentary requirement to a simple majority instead.

Govt. moves…
Reiterating that the Northern Provincial Council election scheduled for September would not be delayed under any circumstances, the Cabinet Spokesman said that the amendments would be enacted before the polls.
Blaming the Tamil National Alliance for refusing to participate in the Parliamentary Select Committee set up for the purpose of reaching consensus on a political settlement, Minister Rambukwella said that the Government had decided the time had come to make tough decisions with regard to the 13th Amendment.
“We have waited for the TNA for more than a year now. The President clearly assured that he would abide by any decision reached at the PSC level in consultation with all parties. But a Government has to govern. Issues cannot remain in limbo, so the Government has now proposed these amendments to the 13th Amendment,” he charged.
Minister Rambukwella claimed the Government had good reason for preventing provincial amalgamation the provision violated the unitary framework of the Sri Lankan state.
“If the amalgamation clause remains and the nine provinces merge, that can pose a threat to the Central Government and is therefore a threat to the unitary nature of the state,” the Minister told the Cabinet briefing at the Media Ministry last afternoon. “They could create an alternative government,” he claimed.
He said the proposed amendment had been put before the Cabinet of ministers and several of them had asked for time to study the amendments. “Time has been provided till next Thursday’s cabinet meeting for these parties to study the draft bill and come back with their views,” the Minister said.
The Daily FT learns that the Sri Lanka Muslim Congress has raised objections with regard to the amendments as set out in the draft bill placed before the Cabinet yesterday. The party’s high command met following the Cabinet Meeting to discuss the Government’s proposals.
Minister Rambukwella emphasised that the amendments were not aimed at singling out the Northern Provincial Council ahead of the key election.
“The amendments will be put before the provincial councils for their views and consent as well. But in the case of the Northern Council, since it has not been constituted, that is why the President invited the TNA to express their views through the PSC process,” he explained.
Centre for Policy Alternatives Executive Director Dr. Pakiasothy Saravanamuttu told the Daily FT that the amendments had massive repercussions for the existing evolutionary framework. “The provision to take away the power of a provincial council from dissenting against legislation brought by the central government would render the 13th Amendment a meaningless mechanism to devolve legislative power,” the CPA Chief said.
Under the current provisions of the 13th Amendment, there is a safeguard built into the provisions of the Constitution to prevent the Central Government from legislating on subjects allocated to the Provincial Councils without first obtaining the consent of all councils. In the event where one or more council does not consent to a proposed bill, the Central Government has the option to either pass the bill by a simple majority, in which event the bill will become law applicable only to the provinces for which the PCs agreed to the bill, or to do so by a two-thirds majority in which case the bill will become law applicable to the entire country, the CPA says. The CPA says that the unilateral action by the Government to negate the existing devolutionary framework would be a ‘historic’ mistake.
Dr. Saravanamuttu said it was not clear whether the Government would try to remove the land and police powers devolved to the councils by stealth by enacting the new amendments since a majority of councils could now vote to return those powers to the centre.
He said the CPA would contemplate intervening in the Supreme Court once it is determined on what basis the Government would bring the amendments as an Urgent Bill in the national interest.

Continuous Elections

By Rajiva Wijesinha -June 7, 2013

Prof. Rajiva Wijesinha MP

One of the defining features of politics over the last thirty years has been the staggering of elections so that the ruling party could benefit. The process has always obtained under a Westminster style constitution, which I believe is one of its drawbacks, but consistent abuse of the process occurred only after the 1978 Constitution and its creation of two power centres, both of them equipped with executive power, unlike in other Presidential constitutions.

Since Ministers in Parliament exercise Executive power in addition to the President, if elections are held to the two institutions separately, there will always be one institution with power that can be used to influence elections.Jayewardene made it clear that such influence was to be exercised ruthlessly, when he amended his constitution to allow the President to call an early Presidential election. This was in addition to the Westminster practice of allowing early Parliamentary elections. Knowing that he was relatively popular, and having taken the precaution of knocking out his main opponent by taking away her Civic Rights, he held a Presidential election in 1982, 1 ½ years before he needed to.

But that in fact was not enough for him, because even though he could now use his Presidential powers for the Parliamentary election that was to follow, he knew he would certainly not get anything like the majority he had enjoyed under the First Past the Post system under which the 1977 Parliament had been elected. So he resorted to a Referendum, which he also fiddled outrageously, throwing the principal opposition protagonist into jail and then later banning the JVP so as to get over the legal challenge they had mounted.

The idea that other sources of executive power should be used for electoral purposes, and that to maximize their impact elections should be staggered, became entrenched with the 13^th Amendment to the Constitution and the first elections to Provincial Councils. Jayewardene first held those he thought easy to win, before moving on to the more sophisticated areas, West and South and Centre, where he felt less secure.

Needless to say, the UNP was hoist with its own petard when the SLFP came to power. PresidentPremadasa, who felt much more secure about his own popularity, did not engage in glaring manipulations when he held elections, but Chandrika Kumaratunga, like President Jayewardene, was more cautious, and made no pretence about having elections only when she thought it suited her. As we know, she was also appallingly careless about this, and managed to lose a year of her Presidential term, having taken oaths at the wrong time when she was re-elected.

President Rajapaksa has followed suit, and we now have Provincial Council elections held at totally different times, as we can see from the continuing uncertainty about when any of them will be held. He also went one better than Jayewardene and changed the Constitution to allow himself to contest another Presidential election, which can again be held at any time he chooses, after four years of his mandate have passed.

All this may seem very unfair to the opposition, though given that the practice was established by the UNP, I shed no tears for them. On the contrary, my tears are rather for the government, because I get the impression that manipulating elections has become more important now than actually ensuring that one is elected for some purpose. I am reminded then of the brilliant film about Casanova in which, instead of presenting a man satisfying his own desires, the suggestion was made that he had become a prisoner of his own reputation. He felt therefore a compulsion to embark continuously on affairs whereas he would much rather have preferred to relax on his own.

I was reminded of this when a panelist at one of the recent Liberal Party discussions on Reform mentioned that he hoped that the President would have an early election, so that he could then carry out several potentially unpopular reforms. The benefits of these would kick in only after a couple of years, so it was desirable to get a fresh mandate, which would allow the government to benefit from the positive effect later of tough measures which would be unpleasant now.

What had been forgotten was that the President in fact has 3 ½ years more, which is ample time for the reforms to have beneficial effects. Unfortunately, because it is assumed, following the Jayewardene machinations, that elections are due in a couple of years, the assumption is that it is too late now for the tightening of belts that the country needs. And because those who need to carry out the tough policies are themselves concerned with electoral politics, given our bizarre combination of Presidential and Westminster systems, they prefer to get the President, their cash cow as it were when it comes to elections, since none of them can match his popularity, to perform now.

It is this mentality that has led to the suggestion that the Constitution needs to be amended yet again, to allow a Presidential election to be held after three years have passed. What purpose this will serve, except to establish what everyone knows anyway, that the President is much more popular than any of his potential opponents, is not at all clear. Certainly it would make no sense to have an early Parliamentary election, given that the government would not do as well as it did in 2010, and given that the circumstances that led so many opposition politicians to join government will not recur.

The time to act is now, if the fiscal and administrative reforms we need are to be put in place before we lose this opportunity for rapid development. Already three years have been wasted in worrying about popularity. But sometimes it is easier, instead of governing, to just do what one knows can be done well, namely win elections with the cards stacked in one’s favour.

Sri Lanka Tamil party opposes amending the 13th Amendment to the Constitution
Thu, Jun 6, 2013, 07:47 pm SL Time, ColomboPage News Desk, Sri Lanka.

Jun 06, Colombo: Sri Lanka's major Tamil political party, Tamil National Alliance (TNA) has opposed the government's move to amend the 13th Amendment to the Constitution.
The government's move is seen as a measure to limit the powers accorded to provinces under the 13th Amendment before the government holds elections to the Northern Province Council planned for September.
TNA parliamentarian Suresh Premachandran said the 13th Amendment which was aimed at solving the national issue and the government must consult the TNA as a representative of the Tamil people prior to any move to amend the 13th Amendment since it would affect the people of the North and East.
However, Premachandran noted that the government has not yet made any official comment on its stance on the 13th Amendment.
According to Premachandran, the TNA would have to decide whether to contest the Northern Provincial Council polls in the event the government decides to dilute or amend the 13th Amendment as it stands.
The 13th Amendment introduced under influence from India in 1987 paved way for power devolution to the Provinces despite displeasure of the majority Sinhala community.
There is a growing momentum within the ruling party and the country to abolish the 13th Amendment. The opponents of the 13th Amendment believe holding the elections in the Northern Province without amending it will be a serious threat to the national security and territorial integrity.
Members of the ruling party have met on Tuesday to discuss the changes to the 13th Amendment and the party leaders have agreed to amend it, a senior party leader has told the AFP.
The government has proposed removing the provisions provided for a merger of the adjoining provincial councils which allows bills and acts to get passed by all provincial councils before they are passed in parliament.
Further, the attention is focused on the provision of granting land and police powers to the provinces under the 13th amendment.
Sri Lanka's Defense Secretary Gotabhaya Rajapaksa recently said that he would never agree to granting police powers to provincial councils as it would be a serious challenge and a danger to the security services.
He said if the provincial councils were vested with police powers, a serious situation would arise with regard to the maintenance of law and order, and the security services would become ineffective.
However, some coalition partners of the government are not in favor of the move to revise the 13th Amendment and curtailing police and land powers.
Ally of the governing party, the Sri Lanka Muslim Congress (SLMC) said the party would not support the changes to the 13th Amendment to the Constitution.
The party said 13th Amendment should not be revised in any way and there should not be any change in the land and police powers vested with the provinces under the 13th Amendment.
The government is however, to submit a proposal to the cabinet of ministers today seeking approval to re-amend the 13th Amendment to the Constitution.

Amendment Of The 13th Amendment

By R.M.B Senanayake -June 8, 2013

R.M.B. Senanayake

It would appear that the Government is going ahead on amending the 13th Amendment. The Thirteenth Amendment is an agreement between the Sinhalese and Tamil political parties backed by India. The Indian Government pressurized the LTTE to accept it although they did not do so in good faith.

Article 154(G)(3) is a safeguard built into the provisions of the Constitution to safeguard and preserve the devolution of power to the Provincial Councils. It prevents the central government from legislating on subjects allocated to the Provincial Councils (PCs) without first obtaining the consent of all PCs. In the event where one or more PC does not consent to a proposed bill, the central government has the option to either pass the bill by a simple majority, in which event the bill will become law applicable only to the Provinces for which the PCs agreed to the bill, or to do so by a two thirds majority in which case the bill will become law applicable to the entire country.

This move to do away with this provision shows that the Sinhala political leadership will not keep its word. In 1958 the B_C Pact was unilaterally abrogated by SWRD and in 1966 Dudley Senanayake and Chelvanayagam gave up the Agreement they had come to because of the same opposition by the Buddhist monks, who are the opinion makers for the Sinhalese people. In the 1980s the devolution of power to the District Development Councils was undermined and ultimately they were scrapped.

In 1987/88 the Sinhalese political leadership agreed to the 13th Amendment devolution proposals and enacted them into law. This was also under the sponsorship of the Indian Government which pressurized the LTTE to accept it. There were problems in implementing it however because of the Concurrent List which required attention to make clear the powers of the Provincial Councils. Now instead their powers are to be emasculated and the very existence of Devolution of Power to the Provincial Councils is at peril. It will give an excuse to the Tamil politicians and parties to reject and boycott the PCs and after election to the Northern PC they may well agitate outside it in other fora both locally and internationally.

Keeping one’s word of honor or abiding in good faith seems to be an ethical value not in the conduct of relations of the ancient Sinhala State with other States or with its own citizens. A friend of mine once suggested to me that keeping ones word is not an ethical value in either Hinduism or Buddhism which makes social intercourse with them unreliable.

What this action also shows is that the Sinhalese will not treat the Tamils as a distinct ethnic group with legitimacy for their rights to language, religion and culture to be safeguarded. The UN Declarations respects such rights and does not permit discrimination against minorities. The breach of faith by Sinhalese governments ( not only Sinhalese political leaders) will convey the message to the International community that there is no worth in any undertakings of the Sinhala majoritarian governments. This would strengthen the case for an independent Tamil state in the eyes of the International Community. It is a situation similar to the Kurds who were discriminated against by Iraq, Syria and Iran. They were militarily harassed in Turkey. So the UN established Kurdistan as an autonomous region and now the Kurds from Turkey have also moved into Kurdistan. We may be digging our own grave. Note that China has supported the UN sanctions against North Korea its closest ally.

The Spate Of Deaths While In Police Custody Is Alarming – LFD

June 8, 2013

“The spate of deaths during the last few weeks of persons while in Police Custody is alarming. In none of these cases has the official spokesman for the police given an explanation that can even be considered by a layman to be worth considering. The casual manner in which the death of persons in Police Custody is being treated by authorities is an insult to our system of administration of justice” says Lal Wijenayake.

Lal Wijenayaka

“It is regrettable that our political system is not concerned of the disappearances, abductions, extra judicial killings, death of persons in police custody and in general with the violations of fundamental rights of citizens. It is Parliament that should have taken up these matters and seen to it that every incident is accounted for. The lethargy of the legislature to take up these matters has made these incidents to pass unchallenged. Therefore, we call upon Parliament to take up these matters as urgent matters of deep concern to the people” the Convener – Lawyers for Democracy, Lal Wijenayake told Colombo Telegraph.

Science faculty of Kelaniya Uni closed

2013-06-07

The Science Faculty of the Kelaniya University has been closed indefinitely, Secretary to the ministry of Higher Education Dr. Sunil Jayantha Navaratna told Ceylon Today Online.

He further stated that the faculty has been temporarily closed due to a clash that took place at the Seewali Mawatha Hostel of the University in Kiribathgoda last night.

Six students who were injured in the clash have been admitted to the Kiribathgoda Hospital and Ragama Hospital. (Ceylon Today Online)