Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Monday, November 17, 2014

Martin Salia, Ebola-stricken surgeon from Sierra Leone, dies in Nebraska hospital


 November 17 at 10:05 AM
Washington PostMartin Salia, a doctor who contracted the Ebola virus while treating patients in Sierra Leone, died Monday morning while receiving treatment in Omaha.
Salia was in “extremely critical condition” after he was evacuated in a specially equipped air ambulance for treatment in the United States at the Nebraska Medical Center, which has a state-of-the-art isolation facility equipped for treating Ebola patients.
A native of Sierra Leone with ties to Maryland, where his wife and two children live, Salia had initially tested negative for the virus; but a subsequent test came back positive on Nov. 10.
Salia was treated with the blood of an Ebola survivor as well as the experimental treatment ZMapp, which was initiated on Saturday, the hospital said. When he arrived in Nebraska that same day, he was already suffering from kidney and respiratory failure. He died at about 4 a.m. local time Monday, according to the hospital.
“It is with an extremely heavy heart that we share this news,” said Phil Smith, medical director of the Biocontainment Unit at Nebraska Medical Center. “Dr. Salia was extremely critical when he arrived here, and unfortunately, despite our best efforts, we weren’t able to save him.”
Smith added: “We used every possible treatment available to give Dr. Salia every possible opportunity for survival. As we have learned, early treatment with these patients is essential. In Dr. Salia’s case, his disease was already extremely advanced by the time he came here for treatment.”
In a statement, Salia’s wife, Isatu Salia, who lives in New Carrollton, Md., thanked the hospital’s staff for trying to save her husband’s life.
“We’re very grateful for the efforts of the team led by Dr. Smith,” she said. “In the short time we spent here, it was apparent how caring and compassionate everyone was. We are so appreciative of the opportunity for my husband to be treated here and believe he was in the best place possible.”
She traveled to Nebraska over the weekend but was able to see her husband only through a video connection set up by the hospital, a Nebraska Medical Center spokesman said.
According to the United Methodist News Service, Isatu Salia said she paid for the $200,000 ticket to fly her husband from Sierra Leone to the United States for treatment. The United Methodist Great Plains Conference is reportedly raising money to help cover the cost of travel and medical expenses.
Salia contracted the virus in Sierra Leone, where he was the chief medical officer and surgeon at the Kissy United Methodist Hospital in the capital city of Freetown. He also worked at several other hospitals in Sierra Leone.
After Salia initially tested negative for the virus, his colleagues embraced him, celebrating the good news. The hospital has since been shuttered and three of his colleagues are being isolated over Ebola fears. It is still unclear how he contracted the deadly Ebola virus, which had killed nearly 5,200 people worldwide through Nov. 11, according to the World Health Organization.
Salia becomes only the second person to die of Ebola in the United States. The first, Thomas Eric Duncan, died at a Dallas hospital after contracting the virus in Liberia and then flying to the United States. Five other patients who contracted the virus in West Africa but were treated in U.S. hospitals all survived the illness, as did two nurses who were stricken with Ebola while treating Duncan in Dallas.
Most recently, an American doctor, Craig Spencer, was discharged fromNew York’s Bellevue Hospital Center, where he’d been treated for Ebola. Spencer’s positive diagnosis came after he’d returned to the United States from Guinea.
The Nebraska Medical Center is expected to hold a news conference Monday morning.
[This post has been updated.]


Abby Phillip is a general assignment national reporter for the Washington Post. She can be reached atabby.phillip@washpost.com. On Twitter: @abbydphillip

Americans questioned for shipping human body parts

Thai police officers show pictures of a tattooed human skin during a press conference at Bangpongpang police station in Bangkok,Thailand,  Monday, Nov. 17, 2014. A shipping company in Bangkok put a trio of packages bound for the United States through a routine X-ray and made a startling discovery — inside were a variety of preserved human parts, including an infant's head, a baby's foot sliced into three sections and a tiny heart.Thai police officers show pictures of a tattooed human skin during a press conference at Bangpongpang police station in Bangkok,Thailand, Monday, Nov. 17, 2014. A shipping company in Bangkok put a trio of packages bound for the United States through a routine X-ray and made a startling discovery — inside were a variety of preserved human parts, including an infant's head, a baby's foot sliced into three sections and a tiny heart.
 The Associated Press-November 17, 2014
BANGKOK – A parcel delivery company in Bangkok put three packages bound for the United States through a routine X-ray and made a startling discovery: preserved human parts, including an infant’s head, a baby’s foot and an adult heart.
The body parts were stolen from the medical museums of one of Bangkok’s biggest hospitals, its administrators said late Monday.
Police Col. Chumpol Poompuang said the sender was a 31-year-old American tourist, Ryan McPherson, who told them he had he found the items at a Bangkok night market. Police tracked down McPherson after being alerted by the shipper, DHL.
“He said he thought the body parts were bizarre and wanted to send them to his friends in the U.S.,” Chumpol said, adding that the man was questioned along with an American friend for several hours and released without charges.
It apparently was not the first brush with notoriety for McPherson and his friend, identified by police as Daniel Tanner, 33. Photos of the two talking with police on Sunday closely resemble men by the same names and ages who were producers over a decade ago of a video series featuring homeless people brawling and performing dangerous stunts after being paid by the filmmakers, who were based in Las Vegas.
They claimed sales of about 300,000 copies at $20 each, though their “Bumfights” videos were banned in several communities and generally shunned by retailers after criticism that the films’ subjects were being exploited.
McPherson and Tanner exited Thailand into neighbouring Cambodia on Sunday, and could not be contacted for comment.
The three packages seized in Bangkok, which contained five body pieces, were labeled as toys, police said. They were being sent to Las Vegas, including one parcel that the man had addressed to himself. Police said they were contacting the FBI to get information about the would-be recipients of the items.
Clinical Professor Udom Kachintorn, the Dean of the Faculty of Medicine at Bangkok’s Siriraj Hospital, told reporters that the five human body parts were stolen from the hospital’s museums. Two of them belonged to the department of anatomy and the other three to the department of forensic medicine.
He said the two Americans visited the museum last Thursday but that closed circuit television video did not show them taking any items away.
Police Col. Chumpol had initially said a baby’s heart and intestines were among the body parts. But police at a news conference Monday said the heart, which had been stabbed, was from an adult and there were no preserved intestines.
Police Lt. Gen. Ruangsak Jarit-ake displayed graphic pictures of the five body parts and told reporters that the parts had been preserved separately in formaldehyde inside sealed acrylic or plastic boxes. Two of the parts were pieces of tattooed adult skin — one with a jumping tiger and the other bearing an ancient Asian script. One of the pictures showed the baby’s foot had been sliced into three sections.
“DHL has a policy of prohibited items, which include human body parts. To the best of our knowledge, we have never experienced a similar case before,” said Chananyarak Phetcharat, DHL Express Thailand-Indochina’s Managing Director.
According to DHL, the parcels were declared as “Puzzle-unlimited collectors ED”, “Steamer Cap” and “Antique Train Collector E.”
In some Thai cults, preserved fetuses or spiritual tattoos are believed to give the owners good fortune or protection from evil. They can also be used to practice black magic.
In 2012, a British citizen was arrested with six roasted fetuses covered in gold leaf after a tip-off that infant bodies were being sold through a website offering black magic service.
The district attorney’s office in San Diego, California, in 2002 filed felony charges including battery against McPherson and Tanner and two others in connection with production of the “Bumfights” videos. A judge reduced the counts to misdemeanours and the four pleaded guilty in 2003 to arranging a fight without a permit. They were fined $500 each and ordered to perform community service at a homeless shelter, but McPherson and one colleague were sentenced to 180 days in jail in 2005 for failing to complete their community service.
Associated Press writer Jocelyn Gecker contributed to this report.
© The Canadian Press, 2014

New hope for extremely premature babies? - video

MONDAY 17 NOVEMBER 2014
Channel 4 NewsSince Ewan Mackay was born at 25 weeks, survival rates for extremely premature babies in the UK have risen, but there has been little change in the proportion growing up with severe disabilities.






Premature Baby 900grams Sofia-Hope

Published on Sep 20, 2013
I DO NOT OWN THE COPYRIGHT TO THIS MUSIC THAT APPEARS IN THIS VIDEO .

Our amazing little princess entered the world 10am 22nd April at 26 weeks 2 days gestation weighing 900grams she is perfect in ways words could never describe and shes putting up a fight for her place I know u can do this baby girl
Garlic Oil – Amazing Cure For Ear Aches And Infections 

Healthy Food HouseDid you know that a good percentage of ear infections are caused by viruses? And the infection caused by a virus will not react to antibiotics. In fact, the body will usually heal itself and the infection will quit.
One of the most effective natural remedies for ear aches and ear infections is garlic oil. The properties of garlic include but are not limited to use as an antiseptic, anti-virus and anti-bacterial agents.
When you are preparing garlic for use in this recipe, it’s important to buy organic garlic, small pink and unequal cloves. Of course, this oil can also be used not only for inflammation of the ear, but also for treatment of acne, herpes, hair loss etc..
Sponsored links

Recipe For Ear Aches And Infections:

Ingredients:
Few pink and unequal cloves of garlic
Olive oil
Method of Preparation:
Peel nice the garlic and mashed with pestle in a deep bowl.
Pour the mixture into a small jar and fill with olive oil.
Leave the jar on light place, but not direct on sun for about 24 to 48 hours.
After 24-48 hrs take the jar from the light place and strain the mixture very nice. The oil that you get, store in a cool and dark place.
Note:  This recipe has a fast variant, but is not raw. The mashed garlic place it to fry for about one minute on hot olive oil, then the procedure is the same, strain the mixture and you have the cure.
This garlic oil can be used for viral and bacterial infections of the ear and of course ear pain caused by them.

How to use:

Using ear drop bottle, put a few drops of oil on the painful ear and stay in that position 5-10 minutes .Repeat the procedure at least 3 times a day.

Sunday, November 16, 2014

Australian Advocacy For Good Governance In Sri Lanka














| The following statement issued by the Australian Advocacy for Good Governance in Sri Lanka (AGSL)
( November 16, 2014, Melbourne, Sri Lanka Guardian) Australian Advocacy for Good Governance in Sri Lanka (AAGGSL) is a non-profit organisation with members of diverse backgrounds aimed at creating awareness of the lack of democracy, accountability and good governance in Sri Lanka, in particular due to the executive presidential system. It is committed to positively subscribe to the establishment of practicing democracy and rule of law in Sri Lanka respecting the rights and will of all its peoples.

Only 2% Chinese Aid to Sri Lanka are Grants While India Provides 33% As Grants

07-modi-rajapaksa-xi-jinping
Sri Lanka BriefBy R. Sampanthan. MP--15/11/2014 


Sir, non-alignment has been the cornerstone of our Foreign Policy. It may be that there were times when we deviated from this policy, but that has been rare and has had its own consequences.
Generally, we have been steadfast in our adherence to the policy of non-alignment. We have maintained an equidistance and I would, in that context, like to pose the question, what has been the policy of the present Government? Has this Government, for narrow parochial domestic considerations, sacrificed this policy of non-alignment with consequences which can be dire for the whole country?
Only 2% Chinese Aid to Sri Lanka Are Grants While India Provides 33% as Grants by Thavam Ratna

Dubious and devious methods adopted to transfer judges ahead of Presidential elections


LEN logo(Lanka-e-News- 15.Nov.2014, 11.30PM) In much the same way as the police higher ups are being transferred by the Rajapakse regime targeting the Presidential elections , a number of judges have also been given transfers to meet the nefarious political needs of the regime , according to reports reaching Lanka e news courts inside information division.
Among the transfer of judges of Gangodawila the main transfer that is suddenly effected is that of the Gangodawila magistrate. Despite this magistrate , Aluthge having some more time for his transfer out from Gangodawila , he had been given a transfer and a magistrate who is a lickspittle of the regime by the name of Nelumdeniya has been transferred to Gangodawila courts.
This Nelumdeniya whose name is synonymous with frauds and rackets (Ali hora), and infamously famous as a shameless bootlicker of the Rajapakses is a close crony of another notorious crooked lawyer Thilina Gamage . Recently ,when the parents of Nelumdeniya passed away , it were the Rajapakse regime’s shady politicos who thronged the funeral venue. Though he was a judge of the independent judiciary he was as shady as the politicos and a disgrace to the very judicial profession he belonged to.
It I sthe consensus such an infamous judge was appointed to the Gangodawila courts so suddenly and hurriedly because Sri Kotha ,the UNP headquarters ,and the temple Naga Vihara of Ven . Maduluwawe Sobitha Thera the prospective opposition common candidate at the upcoming Presidential elections are situated within the jurisdiction of the Gangodawila courts.
My fair lady
Another similar transfer effected is that of the Supreme court (SC) registrar – she is Maheshi Jayasekera nee Maheshi Jayawardena. She is the sister of Priyantha Jayawardena another Rajapakse stooge who was elevated to the SC bench by the Rajapakses.
She was suddenly taken off from the registrar post and appointed as the judge of the child juvenile court .This was necessitated because of the transfer of another lady to the SC .She is a pet of Mohan Peiris for obvious reasons..This ‘my fair lady ‘ of Peiris the Pachoris was in the Central bank of Nivaard Cabraal the bosom pal of Peiris .This ‘my fair lady’ best known for her foul plays has been fixed on an unfair basic monthly salary of Rs. 196,000.00 whereas the other SC judges are paid a basic monthly salary of Rs. 150,000.00 only.
Moreover , after her elevation she had been on an ego trip resulting in her getting involved in constant conflicts with Maheshi Jayawardena the SC registrar compelling the latter to be transferred to the juvenile court .
Sujatha’s promotion sacrifice
Minister Dallas Alahaperuma ‘s sister , Sujatha Alahaperuma , a judge also has had an issue, but she had supposedly sacrificed her promotion considering MaRa’s election victory but truly at the expense of the interests of the country : without seeking her due promotion , to serve the Rajapakse’s until the Presidential elections is concluded. Currently, she is serving in the chief district courts , Colombo. She ought to get her promotion to the High court bench because there are 8 vacancies in the list . Yet , as crucial case judgments are delivered in the Colombo chief district court during the Presidential elections, Dallas’ sister is being kept back in the Colombo chief district court until the elections are over for the government to exploit her position .
Going by the dubious and devious methods resorted to in the transfer of judges , it is crystal clear they are being effected without any transparency or proper norms , and all of them are done targeting the Presidential elections and to serve government’s political agendas.
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by     (2014-11-15 20:17:58)

Malnutrition in Vanni: 36% During The War; 40% Today

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[Mother and a child in Vanni, 2009 photo]-15/11/2014 
Sri Lanka BriefA large number of women and children in Ki’linochchi and Mullaiththeevu districts in the North are badly affected due to malnutrition. During the times of war, 36.6 percent of women and children were suffering due to malnutrition, but after the end of the war the situation has worsened to 40.9 percent in Ki’linochchi district, Ms Rosy Senanayake, a UNP parliamentarian told the Sri Lankan Parliament on Tuesday. In the upcountry, 41 percent of pregnant mothers are suffering from malnutrition due to poverty and non-availability of health facilities.
32.9 % of women and children suffered from malnutrition during the war in Mullaiththeevu district and it has increased to 35.6% after the end of the war, Rosy Senanayake said during the committee stage of the budget.   In the meantime, Tamil medical sources in Ki’linochchi said no action has been taken even after they had alerted the SL government officials, UN agencies and the NGOs. “Even to the SL opposition, our plight is only visible when they seek Tamil votes,” they said.
The situation has worsened after the UN agencies have closed down most of their humanitarian field offices and international NGOs have wound up their activities in the North and East, the medical sources further said.


Malaysian and foreign delegates, who took part in an
Srisaba 28th posterinternational Tamil conference, held in Georgetown, Penang, demanded UN referendum on Tamil Eelam, OISL investigations to also include genocide investigation and the international community to end Sri Lankan military occupation and Sinhala colonization of Tamil homeland. The conference was a success as it raised critical and far-reaching issues that often not raised in the Malaysian political milieu, Deputy Chief Minister of Penang, Professor P. Ramasamy, a long time advocate of the rights of Eezham Tamils, told.
Penang Conference
Calling upon the government of Malaysia to reverse the continued marginalization resulting in poverty, unemployment, death in police custody and statelessness amongst the Tamils also identified as Indians in Malaysia, the conference also urged Indian government to protect the rights of Tamil fishermen and the international community to preserve, protect and promote the Tamil language, culture, identity and the rights of Tamil people around the world.
Central theme of the conference was “in search of identity.” Over 80 delegates from abroad and about 300 delegates from Malaysia attended the 3-day conference. The special guest for the conference was Mr. Vaiko, the Secretary General of MDMK, a long time advocate of Tamil issues in Tamil Nadu.
For the first time, the Penang Society of Advancement of Tamils backed by the Penang state government, has organized a significant international Tamil conference in history, said Professor Ramasamy, who was the patron of the conference.
In his closing remarks, Mr. Anwar Ibrahim, the leader of the Peoples’ Coalition or Pakatan Rakyat, said that one of the biggest and lasting contribution of Tamils to the world is the Thirukku’ral. He urged Tamils and non-Tamils to understand the wisdom embedded in this historic and ancient text. Anwar Ibrahim also thanked Tamils for contributing to the development of Malaysia.
Anwar Ibrahim also commented about the atrocities committed by the Sri Lankan regime against innocent Tamils in the north and east of Sri Lanka. He said that what happened in the immediate aftermath of the war in May 2009 was a colossal human tragedy.
He urged the United Nations to quicken its pace of investigation into the war crimes committed against Tamils by the Sri Lankan government and its armed forces and to bring to justice the war criminals.
Penang Conference
The conference was officiated by Mr. Lim Guan Eng, the Chief Minister of Penang and the Secretary General of the Democratic Action Party.
It was Mr. Lim who urged the Malaysian government not to participate in the CHOGM meet in Colombo some time back because of the terrible human rights record of the Sri Lankan regime.
Foreign paper presenters and delegates had came from Singapore, Indonesia, Mynamar, Australia, Tamil Nadu, India, United Kingdom, South Africa, Reunion Island, Mauritius, Canada, United States, France, and Tamil Eelam, Sri Lanka.
During the conference, a special committee was formed to formulate resolutions to be adopted by the delegates. Eight resolutions, under the heading of Penang Declaration, were adopted without reservations.
Breaking the Silence Journal 2014: Cardiff University

16 November 2014
 

Cardiff Tamil Society kicked off this year's Breaking the Silence campaign by holding a week long exhibition, raising awareness of the ongoing genocide committed against Tamils in Sri Lanka.

Organised in collaboration with the university's Amnesty International society, the campaign outlined the ongoing genocide and human rights abuses of the Tamil nation through a combination of posters, artwork, and informative conversation.

The exhibition, held at the IV Lounge, Neuadd Merionydd building in the Heath Park campus and at the Cardiff University Law School, drew the attention of dozens of students throughout the week, with many stopping to add their thoughts to a “thought board”.

The university newsletter wrote a piece on the exhibition, saying,

“When students at the exhibition were given the opportunity to voice their opinion on the matter, words such as “speechless”, “barbaric” and “brutal” dominated.


"Paran Kiritharamohan, Tamil Soc committee member, says “Breaking the silence is an exhibition to raise awareness for the inhumane war crimes which occurred in Sri Lanka. It concerns me that such a serious issue is not more publicised. This is what we set out to do; spread the word, raise awareness, and try to get a few steps closer to justice, however small they may be.””

“Genocide is just the tip of the iceberg. Sexual violence, torture and denial of basic human rights occurred alongside the systematic killing – and it’s time for something to be done.”

The campaign can be followed on twitter using ‘#BreakTheSilence’. Keep an eye out on Tamil Guardian for the next entry into the Breaking The Silence Journal.

SC Opinion Leaked?

By Nirmala Kannangara- Sunday, November 16, 2014

Threat to BASL president indicates questionable law and order – says Lawyers CollectiveThe Bar Association of Sri Lanka (BASL) has raised concerns over how the Supreme Court (SC) opinion on ‘whether President Mahinda Rajapaksa has any legal barrier to contest for a third term’ was leaked to the state media well before the opinion was handed over to the President on Monday November 10.

According to the BASL President, Attorney at Law, Upul Jayasuriya, although the SC opinion was to hand over to the President on Monday, the state media gave prominent coverage on the matter and every detail of the SC proceeding came to light by Sunday November 9, which cannot be considered lightly.

Jayasuriya said that the state media not only revealed the exact number of written submissions received by the SC, but also highlighted how many were against, and for the proposal.

Earlier, the President sought the SC opinion whether he as the incumbent President has any impediment to contest for a third term after completing four years of his second term in office and to declare by proclamation the intention of appealing to the people for a mandate to hold office as President by election for a further term; and whether in terms of the provision of the Constitution, as amended by the 18th Amendment, he has any impediment to be elected as President for a further term in office.

Jayasuriya queried how could the details of the written submissions given to the SC was leaked to the state media when the case was taken up behind closed doors and the proceedings were held in camera in connection with the said reference. “The Registrar of the SC on the directives of the Chief Justice (CJ) sent a letter to me on Wednesday November 5 at 3 p.m. requesting me to inform the BASL membership to tender written submissions on the constitutionality of President Mahinda Rajapaksa contesting for a third term by 3 p.m. on Friday November 7. We didn’t have enough time to send the written submission within few hours as Thursday was a Poya day. The BASL membership wanted me to seek more time and to request the SC to hear the case in open court where they could file the written submissions at the end of the hearing. However, the BASL request was not considered and the proceedings were held behind closed doors,” Jayasuriya added.

According to Jayasuriya, although an oral hearing could have been offered by the SC in terms of Article 129 (1) of the Constitution as has been done in the past, the proceeding took place behind closed doors.

“It is said that this hearing held in camera and the opinion was to deliver to the President on Monday November 10. However we were puzzled how the state media gave the accurate details of the submissions on Sunday November 9. For the first time in the legal history, a full Bench was constituted with all Judges of the Supreme Court to give their opinion on the matter and we want the courts to investigate how these details were leaked to the media,” Jayasuriya said. According to Jayasuriya, the state media accurately informed the public that 34 written submissions were made to the Registrar of the Supreme Court, of which 32 submissions were in favour of the President contesting the next Presidential election for a third term while two were against the proposal.

“This news report even carried the names of some who have sent their written submissions. If there was no one else other than the full Bench and it was held in camera, this reporter has no way to get the names of those who submitted the submissions and whether they were in favour of the President from camera footages. Hence now it is up to the SC to complain this to the CID and to hold an investigation in to the issue.” Jayasuriya claimed

An appeal to Lanka’s conscience




Sunday, November 16, 2014
In a impassioned KG Kannabiran memorial lecture delivered at Chennai last Sunday, Northern Chief Minister and former Supreme Court Justice CV Wigneswaran drew an unequivocal link between the subjugation of Sri Lanka’s judicial institution, (along with that often misunderstood, if not scoffed at term, the Rule of Law) and the plight of ‘Tamil-speaking peoples’ in the country.
The Sunday Times Sri LankaThe deprivation of constitutional rights
Featured prominently in the Indian media, this was perhaps one of the most highly visible public articulations castigating the Sri Lankan judiciary in regard to its contribution enabling the deprivation of constitutional rights. In The Hindu this week, veteran commentator K Venkataramanan headlined his thoughts on the Chennai lecture as ‘an appeal to India’s conscience’ (see, The Hindu, November 14th 2014). It seems peculiarly fitting therefore that a domestic reflection in these column spaces may be titled ‘an appeal to Sri Lanka’s conscience.’
Moreover as the role of the judiciary in regard to the minorities is addressed in this manner, we may also reflect on the sinister impact of that warning referencing the majority community.
Indeed, sentiments on this wider failure of the judicial role assume greater significance even as Sri Lanka’s Supreme Court hands down an opinion to the effect that President Mahinda Rajapaksa has no legal impediment under the 18th Amendment to contest the Presidential election for a third time. Arrived at through a process shrouded in secrecy, this opinion is as yet, unavailable to the general public. Sri Lanka’s political leadership seems to have progressed (or regressed as it were) from hiding reports of Commissions of Inquiry to hiding judicial opinions.
Amidst frantic cries of ‘mea culpa, mea culpa, mea maxima culpa’ on the part of those who contributed to this deterioration in no uncertain terms and who now strut unashamedly on the opposition stage, we need to reflect on what a lamentable indictment this holds out for us as a people.
Focusing on the legal rather than the political
Refreshingly, the Indian media has been quick to pick up on the harsh critique of the Sri Lankan judiciary in the Chennai text (see also the Weekend Leader, 10 November, 2014). Over here however and in line with the generally commonplace nature of things, reports in the print media have mainly reproduced media releases across the Palk Straits focusing primarily on the political aspects of the speech.
Yet putting aside the political thrust of the text for a moment, as difficult as this may be for excited Sinhalese nationalists, we need to direct ourselves instead to the sense of profound historical injustice and deeply poignant lamentation as to the lost value of Sri Lanka’s independence of the judiciary that emerges from this lecture. This is what should compel us to search our own consciences.
As discerning readers would see, the Chennai text locates itself firmly within the systemic failure of Sri Lankans institutions. It calls for serious reflection on the same. This is entirely explicable from a former Supreme Court Justice who was characterized throughout his period on the Bench by a refusal to follow the common herd. This stubbornness came to its own mainly during the turbulent times of the Sarath Silva Court (1999-2009) when he distinguished himself from more timorous souls by openly disagreeing with the judicial thrust of that Court. He was the only judge who, after his retirement, had the gumption to engage in a scathing newspaper interview where he spoke of the politicization of the judicial institution and in particular, the impact that this will inevitably have on junior judges rising through the ranks.
Asserting a stricter standard as to the PTA
The other characteristic was his insistence on working within a jurisprudential framework to assert the importance of rights. In the Kannabiran lecture for example, he mentions Theivandran’s Case (SC Appeal No 65/2000, SCM 16.10.2002). This is a decision which, in fact, marks a singular point in the Court’s jurisprudence. Here, there was a sharp division of judicial opinion on the question of the admissibility of confessions under the Prevention of Terrorism Act. Referring to the PTA as a ‘special politically motivated law’, Justice Wigneswaran (as he then was) wrote a 26 page opinion which asserted that confessions cannot be solely sufficient under the PTA to convict an accused in the absence of corroborative evidence.
This was at a time when the Court functioned with the tug and pull of juristic dissent quite unlike now. All three judges in that case agreed that on the facts of the case before Court, the confession in issue lacked ‘congruity and consistency’ and therefore, that the conviction must be set aside. However the other two Justices, the late Mark Fernando and Ameer Ismail declined to agree with what they saw as an unacceptably broad legal principle.
It is a good question for consideration as to whether, if the Court had taken a collectively strong stand on this matter at a point when we had a functional justice system, we may have contained the heedless abuse of the PTA under which people are unlawfully detained for years without a proper legal basis.
Presents a stark contrast to current political crudity
Above all, last Sunday’s measured Chennai address presents a stark contrast to the crudity and crassness that passes for Sri Lankan politics today. It also differentiates itself from radical departures favored by some Tamil ultra-nationalists who prefer to engage in rants against majoritarian politics and proclaim openly that the Tamil-speaking minorities do not need to engage with the dysfunction of Southern institutions.
Needless, to say, these rants do not lead to any sensible outcome. Nor do they, quite understandably, find any resonance with the thinking of many Sinhalese (not necessarily only those scornfully labeled as liberals) who acknowledge that we face a serious deficit of justice. In the final outcome, Sri Lanka’s future lies in a common identification of this problem and in working together to provide remedies. That much remains indisputable.


article_image
by Rajan Philips-November 15, 2014

In legal terms, a 99-year lease means that the term of lease would extend beyond the life expectancy of the lessee or lessor. In Sri Lankan political terms (make it - constitutional terms; all that is needed is Q & A with the Supreme Court) it would mean the assurance of regime continuity beyond the life expectancy of the regime founder. In practical terms, elections will continue even more often than now, but only the government will be winning everywhere except for a while in the sore North; and 99 years will be more than enough to permanently dispossess the grumpy Vellalas of their petty property titles. Lanka will be on track to become the dream land without differences, where everyone will be the same and equally patriotic under a perfect dictatorship full of democratic rituals. The ‘perfect dictatorship’ (la dictadura perfecta) was the name given to the Institutional Revolutionary Party of Mexico that ruled Mexico uninterruptedly for 70 years from 1929 to 2000. Why shouldn’t Sri Lanka outdo Mexico? We have a continuous history of more than 2,000 years, while Mexico is a mere upstart of 500 years.

The Wikipedia has a list of "Longest ruling non-royal national leaders’ in the world today. Forty such leaders are listed, and President Rajapaksa is ranked 39 with ten years to his credit including the one year when he was the loyal Prime Minister to Sri Lanka’s only Lady President. No doubt, President Rajapaksa will move up the ranks before he sheds his mortal coil in this birth. He is in the distinguished company of 39 leaders, perhaps more distinguished than the hell that Bernard Shaw imagined to be the resting place for all emperors, the popes of old, and other illicit greats of the mortal world. Of the 40 men and no women, six leaders have been ruling for more than 30 years, 10 for more than 20 years, and the other 24 for 10 years and more. Geographically, the vast majority of the forty are African and Arab leaders. There are only three Asian countries, Sri Lanka sharing the honour with Cambodia and North Korea. But we are better than both of them, and we can still be better with a 99 year lease government.

Put another way, Sri Lanka’s opposition forces as they are currently constituted (make it - ‘unconstituted’) do not deserve to form a government for another 99 years. There are obvious personal weaknesses and subjective shortcomings among those who are in the opposition. And those faults have been highlighted many times, by many people. Let us not flog the dead horse anymore. The opposition’s political ineffectuality is also a systemic outcome, specifically arising, as I have been arguing a few times in this column, from the operation of the Executive Presidential system. Whatever might be said in detraction of the parliamentary system, systemically weakening the opposition cannot be one of its mischiefs. What was critically perceived as a parliamentary tyranny that prevailed between 1970 and 1977 was overthrown effortlessly by the people simply casting their votes. Just compare the swiftness of the opposition victory in 1977 with the paralysis of the opposition under the presidential system since 1978.

It is not just the opposition that has been squashed out of shape, but the very system of cabinet government has been transformed into being the rubber stamp of the executive presidency. Gone are the days of standout and stalwart cabinet ministers who brought intelligence and independence to the cabinet table for discussion and decision making. The system worked well, very well, in fact. There were instances when the cabinet was dysfunctional owing to ministerial differences, such as when there was a ‘cabinet strike’ to sabotage the Paddy Lands proposals of Philip Gunawardena in the 1950s. But at no time in the past has there been a cabinet of so many ministers doing so little for so long. Yet, from Peradeniya dons to political hangers-on, the common party-line is that the executive presidency has produced economic development, and is on the way to producing new miracles.

On the other hand, the pro-Rajapaksa members of the Central Committee of the Communist Party have determined that there was only one period of economic development in the executive presidential era, and that was the period (2005-2014) presided over by Mahinda Rajapaksa. The earlier two periods, 1977-1994 under the UNP and 1994-2005 under Chandrika Kumaratunga, were development failures according to the Communist Party Central Committee. If so, it is not the executive presidency but President Rajapaksa who is the reason for economic development. And that is good enough reason for the neo-dialecticians of the Communist Party to support Mahinda Rajapaksa in his third presidential election, notwithstanding constitutional coup and the democracy deficit that has grown alarmingly under the same President. Not to mention the orgy of government corruption, exposing which became a self-assigned portfolio of the only Communist Minister in the government. But all these ills must be fought from within the regime than from outside. That is the new self-delusion, and that a 99 year lease on government will help in that internal fight might become the new dialectical argument.

There is a parallel opinion among the chattering classes, according to which no previous government has done so much for the country as has the present government. It has liberated the country not only from the jaws of the LTTE, but also from the machinations of the Colombian Sinhalese (the UNP), the ineptitude of the Veyangoda Radalayas (the old SLFP), and the conniving schemes of the Tamil Vellalas. The main evidence of the government’s achievement is the beautification of Colombo. There is hardly any outrage about the evacuation of people to make room for palatial casinos, the state of the schools and the universities, the collapse of the public health system, the mismanagement of the electricity sector, and the corruption in petroleum import and distribution. There was a time when the GNP was criticized as not being a true measure of the economic resilience of traditional societies like Sri Lanka where the activities of the people are not fully integrated into the market system. Now, with the per capita income emerging as the privileged measure of prosperity, it is fair to say that the mass of the people who fall below the average are doomed to remain underprivileged and neglected. Not to mention, the myth of Sri Lanka’s rising per capita income cannot be sustained without the sufferings of the Sri Lankan maids in the Middle East. With a 99 year lease on government, there could be more harbours along the coast, an airport in every town, an interchange at every junction, and many more maids flying out to the Middle East.

How did we get to this point in our political development after independence? There can be legions of answers to that question, but the question that is more appropriate and perhaps more difficult to answer is about the social compulsions that would have contributed to our present state of presidential politics. Equally important are the social consequences flowing from presidential political system. Unlike in the case of Mexico, where the Institutional Revolutionary Party emerged as a device to incorporate competing political forces in a virtually one-party government, the presidential system in Sri Lanka is becoming a system of inclusion and exclusion centred on a single, extended family. Ironically, JR Jayewardene set out to eliminate family bandyism – of the Senanayakes and the Bandaranaikes – from Sri Lankan politics, and he could hardly have imagined that his artful creation, that is the presidential system, would in 30 years become the institution of a single family. What is more, family-identification of political achievements is receiving a new impetus from unlikely sources. The SLFP, it has recently been claimed, is as much a Party of the Rajapaksas as it is (or, was?) of the Bandaranaikes. That is rational progress of some kind.

To end on a different note, see what the Sri Lankan presidency is doing to the Catholic Church in Colombo. The Church officials are facing a different season of Advent this year. More anguish than Advent, perhaps: Will the Pope come, or will he not come, that is their question. It is also the anguish of having to serve two masters, the spiritual Master of their calling and the temporal master of Sri Lankan politics. History has seen this tussle many times over. Recalling its most celebrated instance, it will not be charitable to expect a Sri Lankan Cardinal to be the Thomas More of our time. Equally, and not at all irreverently, it will not be uncharitable to say that no Sri Lankan Cardinal or Bishop should stoop to being a new Cardinal Woolsey. In Pope Francis, many see a new Pope trying his utmost to be different from the Church Pharisees. All one can hope for the Church leaders in Colombo is that in regard to the timing of the Papal visit, they will be led by their spiritual light and not by political expediency. The President of Sri Lanka is powerful enough, and does not need divine help, to secure not only a third term but also a 99 year lease on government.